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HomeMy WebLinkAbout2000 09-19 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, SEPTEMBER 19, 2000 - 3:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 12, 2000. COUNCIL AGENDA 9/19/00 Page 2 PRESENTATIONS Employee Introduction Program INTERVIEWS/APPOINTMENTS Senior Citizen's Advisory Board - Reappointment PUBLIC HEARING 1. Public Hearing - Conditional Use Permit for a thrift store at 1220 E. Plaza Boulevard, Suite A. (Applicant: Ruby Mullin) (Case File No.: CUP-2000-12) (Planning) CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar 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 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Resolution No. 2000-118 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the Institute for Public Strategies (aka: Institute for Health Advocacy) for work on the Office of Traffic Safety High Intensity Prevention Zone Grant. (Police) 3. Resolution No. 2000-119 Resolution of the City Council of the City of National City approving Change Order No. 6, accepting the work and authorizing the filing of a Notice of Completion for the Division Street widening from Drexel Avenue to the East City Limits Project. (Engineering Specs. No. 96-5) (Engineering/Public Works) COUNCIL AGENDA 9/19/00 Page 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2000-120 Resolution of the City Council of the City of National City approving the City of National City's Investment Policy. (Finance) 5. Resolution No. 2000-121 Resolution of the City Council of the City of National City awarding a contract to Stevens Construction for the Kimball Park Scoreshacks Rehabilitation Project. (Engineering Spec. 99-12) (Engineering) 6. Resolution No. 2000-122 Resolution of the City Council of the City of National City approving Change Order No. 1, accepting the work and authorizing the filing of a Notice of Completion for the miscellaneous concrete improvements at various locations within the City. (Engineering Specs. No. 99-6) (Engineering/Public Works) 7. WARRANT REGISTER #11 (Finance) Ratification of Demands in the amount of $909,871.69. NON CONSENT RESOLUTIONS 8. Resolution No. 2000-123 Resolution of the City Council of the City of National City authorizing the payment of Cultural Art Funds to the National City Chamber of Commerce for the purpose of forming and operating a National City Concert Band. (Parks & Recreation) COUNCIL AGENDA 9/19/00 Page 4 NEW BUSINESS 9. Hold Harmless Agreement for Camp Pendleton Training Facility. (Police Department) 10. Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ending 1998-1999. (Finance) 11. Certificate of Award for Outstanding Financial Reporting for Fiscal Year Ending 1998-99. (Finance) 12. Use of the Community Building by the Star Program of California School of Professional Psychology on a daily basis. (Public Works) 13. Use of the Community Building by the National School District and waiver of fees. (Public Works) -> CITY MANAGER - CITY ATTORNEY - * OTHER STAFF - MAYOR COUNCIL AGENDA 9/19/00 Page 5 NEW BUSINESS (Cont.) ---> CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Next Regular City Council Meeting - September 26, 2000 at 6:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE 34-4-46 ; t City of National City Personnel Department 1243 National City Boulevard National City, CA 91950 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE : September 11, 2000 TO • Park Morse, Assistant City Ma FROM Roger C. DeFratis, Personnel SUBJECT so 61: 7 rector EMPLOYEE INTRODUCTION PROGRAM The City Council has requested that all new full-time employees hired each month be invited to the third City Council meeting of each month. The attendance of the employee is voluntary and will not be paid overtime for such appearance. The below department director(s) are requested to extend such an invitation to the listed employee(s) and confirm the employee(s) attendance, if applicable, with the City Manager by the Thursday preceding the meeting. DPARTMENT.. DIRECTOR ......................................... ....... .. . : . . .:: .: : ..:. ...,i:::::IiigigingREMER EMPLOY . . .. .. .. . . . .. .. .. . .. .. .. . ... .. .. .... .........• • 7 :•:::::::::::::::?::::::::::::::::::i:i:i::::::::i:::::::::: :.,. • .:DAT OF HIRE .. •. .. •.• ::::: ::::::i:.:=::::::.:gi Anne Campbell Monica O'Hara/Literacy-Computer Cntr Coord July 25, 2000 Chief DiCerchio Derek Aydelotte/Police Officer September 13, 2000 xc: Anne Campbell Chief DiCerchio RCD:Im MEMOS.DOC-1 Recycled Paper Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor SEPTEMBER 13, 2000 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: SENIOR CITIZENS ADVISORY BOARD Please be advised that Alfred Hlawatsch term on the Senior Citizens Advisory Board expired on August 31, 2000. Mr. Hlawatsch has served faithfully since 1992 on the Senior Citizens Advisory Board and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Mr. Hlawatsch to the Senior Citizens Advisory Board for a term ending August 31, 2002. This item will be placed on the Council Agenda for the meeting of September 19, 2000. 1 ..-I GEORGE H. WATERS Mayor GHW:nu co Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSI ONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much information as possible on those persons willing to serve on any of the Boards and Commissions of the City of Nattinal City. . oval City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submit ted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board or - Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee :iv x•: wgr�ijT,Lj 'J.,• -_.-r'•'?-, :% .• C Name: Ill A W (Last) (First) Home Address: ! 2 3 9 t74ST Telephone: Residence ( 417 "' O(DOZ NUMBER OF YEARS YOU HAV ) Business/Work "�. CALIFORNIA?Aft, SAN DI GO COUNTY?_AY_L_/ NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES V NO Birth Date 33- 3 (Optional) ♦';Y��?lici;'L'vv ':-5:y{u:•r}i- ]••rrv}.;.•{ :kt.• :•.:• •f•:tLv.•}.: i's:vi ,s:•':;'?y:r,•{�.{.;{y J; ti:�i'i}T v };Ci::�:�:ofs:iv.,v,.}t.:{{•::,cry:.}•.}v:}.ir:•}::{•:•}:::.vr.:::m... . ..:...... r.....} .......v:r::..:..::..•.v :•r... •}..:...•}:':::•:i•'•;{:'•vrvs'••:}}:•:::.....r::.•: +} }:}:{{x :f. .......•.....:..-.•:::.v:•}_:v ::.••_ .r ::•.-} .}•:i i�L=:}i.......: • :.. - :ti{{•}7{-:•:r:r •:{.}w{r,.v.n:vr.. Colleges attended and degrees held, if any: Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE: RETURN COMPLETED FORM TO: YOUR SIGNATURE THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 MEETING DATE City of National City, California COUNCIL AGENDA STATE ENT September 19, 2000 1 AGENDA ITEM NO® ITEM TITLE PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A THRIFT STORE AT 1220 E. PLAZA BOULEVARD, SUITE A (APPLICANT: RUBY MULLIN) (CASE FILE NO.: CUP-2000-12) PREPARED BY Steve Ray EXPLANATION The City Council set this public hearing after considering the Planning Commission Decision approving the Conditional Use Permit. Staff's analysis of the proposal is provided in the attached report. l Environmental Review Financial Statement N/A STAFF RECOMMENDATION DEPARTMENT Planning NiA Categorical Exemption 'R6if17) Staff recommends denial of the Conditional Use permit based on attached findings. Account No. BOARD COMMISSN RECOMMENDATION The Planning Commission had approved the Conditional Use Permit application. Vote: Ayes: Parra, Ungab, Vaca, Martinelli, Detzer Abstain: Godshalk Absent: Valderrama ATTACHMENTS ( Listed l Resolution 1. Report 5. City Department Comments 9. 7/12/00 Cotton/Beland/Asso. fax 2. Findings for approval/denial 6. Letter from adjacent business 10. Letter from applicant, 9/7/00 3. Planning Commission Resolution 7. Notice of Exemption 11. Plans, Exhibit A . 8 AnnlicatiOn_ �. o- m...... A-200 (9M80) REPORT ON CONDITIONAL USE PERMIT FOR A THRIFT STORE AT 1220 E. PLAZA BOULEVARD (CUP —2000-12) The Conditional Use Permit would authorize a thrift store in an 18,440 square foot portion of the old Von's space in South Bay Plaza Shopping Center. The applicant proposes to establish this store called Plaza Thrift to replace a downtown San Diego store, Broadway Thrift at 1100 Broadway, which closed due to San Diego redevelopment. The applicant proposes to sell new and used merchandise. Used items include formal and casual wear, dinner ware, vases, mirrors, VCRs, stereos, sofas, chairs, televisions, drawers, and computer desks. New items would consist entirely of furniture and account for 30% of the floor space. The proposed hours of operation are from 9:00 a.m. to 6 p.m., seven days a week. It is questionable whether a thrift store is a suitable use within the City, i.e., whether the use is desirable or essential for the public welfare, in light of General Plan policies. These encourage higher quality retail, professional and supportive activities and emphasis of high quality development to generate the greatest tax and employment benefits. However, besides the quality of the retail use, other General Plan policies for revitalization and use of vacant space should be weighed in reviewing the proposal. The Conditional Use Permit process allows the City to address these concerns for specific proposals. Possible findings for approval as well as denial are attached. Planning Commission findings made for approval are also contained in the attached Planning Commission resolution. Facts relevant to these required findings are discussed below. As the store would be located within an existing shopping center, the size and shape of the site is adequate to support the proposed use. Vacant space is available for the store, and there is suitable access from Plaza Boulevard and Highland Avenue, and driveways and parking lots. Questions arise, however, over findings relating to the effect on nearby properties, and whether the use is desirable or essential for the public welfare. The applicant's statement (attached) concerning the effect of a thrift store upon nearby properties is that the use is consistent with the existing commercial development, and that no new impacts, including odors or noise, will affect the residential area to the south. In terms of public convenience and welfare, the applicant states several positive aspects: a range of goods will be provided in a location surrounded by other stores and consumers will therefore require fewer vehicle trips to purchase other goods; sales tax will be generated; and consumers will be attracted from outside of National City. Additional advantages include the occupation of a vacant suite and the positive spill -over effect of customers for surrounding businesses. One might expect Na- tional City households to purchase lower cost items at the store, especially in light of low incomes of many families in the City. This proposed thrift store would be the first to locate at South Bay Plaza and the second of two recently approved by the Planning Commission. The other, for Children's Hospital, was recently approved to open at the National City Plaza Shopping Center northwest of Euclid and Division. Except for these two cases, the City has not for many years received a Conditional Use Permit request for a thrift store. It has been questioned under Council discussion whether a thrift store is a suitable or desirable use spe- cifically at South Bay Plaza, in contrast to the National City Plaza, in light of the recently approved Chil- dren's Hospital Thrift Store there. The shopping centers differ in their locations within the City as well as their sizes and market served. South Bay Plaza is centrally positioned in town, on the City's main east -west arterial. It is the second largest shopping center in the City, with over 250,000 square feet of building area, and it is adjacent to other shopping centers and businesses. The area is ripe for new development to replace the nearby, closed FEDCO store. South Bay Plaza and the nearby area also already has large, low-priced retail stores that serve the needs of lower income families. The need for a low-priced, thrift store may be questioned. However, the proposal does provide an opportunity to fill space that has been vacant for the past few years, as it is the remaining portion of the former Von's that was partially reoccupied by Smart & Final. In contrast, National City Plaza is one of the City's smaller to moderate -sized shopping centers, near the City's periphery. Its two major tenant spaces have been vacant due to the closing of Thrifty Drug Store and the fire at Wrigley's Market. The reopening of the approximately 20,000 square foot market and establishment of the 15,000 square foot Children's Hospital Thrift Store at the site together will fill over a third of the building area and will serve to revitalize a distressed shopping center. Additional matters for review are public comment received on the proposal and new facts made available by the applicant. For example, at the Planning Commission hearing, the owner of Centre Laundry, lo- cated within South Bay Plaza, spoke in opposition and informed the Commission that the shopping cen- ter's CC&R's prohibited second hand stores. This information had not been provided by the applicant. However, the CC&R's do not specifically restrict the City from considering and approving the proposal. In addition, staff received a call from the owner of four buildings in South Bay Plaza. He expressed con- cern over possible effects of the proposed thrift store on the center and suggested that the store's im- pacts be reviewed in one year. No special conditions were required by the Planning Commission to ad- dress this. The same property owner also cited the need to prevent drop-offs. This matter was ad- dressed by conditions of approval, as later elaborated on. It was reported that delivery trucks with a foundation's name were being stored in the rear of the facility. When staff asked whether the applicant was affiliated with any institutions or foundations we were told they were not. The applicant testified at the Council meeting when the Notice of Decision was re- viewed, that the store had an agreement with the Catalyst Foundation for Aids Awareness and Care whereby donations are collected. This is also discussed in the attached, September 7 letter from the ap- plicant. Conditions of approval were required by the Planning Commission which addressed concern with poten- tial problems relating to the store's operation. First, no drop-off of merchandise will be permitted at the store. The applicant had also proposed that delivery of goods will only be accepted by store employees. However, this will not prevent members of the general public from dropping off goods they no longer want when the store is closed, in the expectation that the store can sell them even if the owner of the goods gets no compensation. A condition prohibits the general public from dropping off merchandise. Also, since the interior of some thrift stores have often been considered unsightly, conditions of approval re- quire that the merchandise be attractively displayed and not be kept in boxes in the display area, nor be al- lowed to block the aisles. Another condition is that no less than 30% of the floor space be devoted to new merchandise. This is also consistent with the proposal. Other conditions limit the hours of operation to be- tween 8 AM and 9 PM. Also, comments received from the Building & Safety Department and the Fire De- partment are covered in the recommended conditions of approval. RECOMMENDED FINDINGS FOR DENIAL 1. That the proposed use will have an adverse effect on adjacent or abutting properties since the surrounding uses are oriented toward new merchandise, and since approval could set a precedent for other thrift store applications in the surrounding area. 2. That the proposed use is not deemed essential and desirable to the public convenience or welfare, since numerous retail stores offer lower -priced merchandise in many places in the City, and the proposed use will not cany out General Plan policy that encourages higher quality retail, professional and supportive activities. RECOMMENDED FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the proposed activities will take place in an 18,440 square foot suite, located in an existing shopping center. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is in an existing facility served by East Plaza Boulevard, an arterial roadway with sufficient capacity to handle traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project site is located in an existing shopping center, and the store will be oriented away from nearby residences. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will fill vacant space, in conformance with General Plan policy, and it will provide opportunities to purchase both new and used, low cost merchandise in a large shopping center with a variety of retail businesses and services. RESOLUTION NO. 15-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A THRIFT STORE AT 1220 E. PLAZA BOULEVARD, SUITE A APPLICANT: RUBY MULLIN CASE FILE NO. CUP-2000-12 WHEREAS, the Planning Commission" of the City of National City considered a Conditional Use Permit application for a thrift store at 1220 E. Plaza Boulevard, Suite A, at a duly advertised public hearing held on July 17, 2000, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2000-12 which is 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 July 17, 2000, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed activities will take place in an 18,440 square foot suite, located -in •in an existing shopping center on a 4.54 acre parcel. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is in an existing facility served by East Plaza Boulevard, an arterial roadway with sufficient capacity to handle traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project site is located in an existing shopping center which is oriented away from nearby residences. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities to purchase both new and used merchandise in one location. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. Plans submitted with any application for a building permit must comply with the 1998 California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 2. Plans must comply with the 1999 edition of the NFPA and the 1998 edition of the California Fire Code. 3. Merchandise shall be attractively displayed on shelves and racks, or in a similar manner. Merchandise shall be kept out of aisles, and shall not be stored in boxes on the floor of the display area. 4. No less than 30% of the floor space shall be devoted to new merchandise. Prior to opening for business the applicant shall submit a revised floor plan specifying the locations and dimensions of space devoted to new and used merchandise. 5. Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m., seven days per week. 6. Merchandise shall not be dropped off by the general public, and shall only be delivered by employees of the store during normal business hours. 7. 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 Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of 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 Planning Director prior to recordation. 8. Use authorized by this Conditional Use Permit shall be limited to a thrift store, and except as required by conditions of approval, shall conform with Exhibit A, Case File No. CUP-2000-12, dated June 5, 2000. 9. 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 18.116.190 of the Municipal Code. 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 August 7, 2000, by the following vote: AYES: PARRA, UNGAB, BACA, MARTINELLI, DETZER NAYS: ABSENT: VALDERRAMA ABSTAIN: GODSHALK 2/3 /09 11/ /1/3 217 22/ 223 /01 /04 G 225 227 O 229206 115111531/5911611163 /169 //71 /173 g135 Of /223 ®p 13 f ff) /2372 31305 9 m 14 1224 i 1�ta.a! I7 /304 1l461 $ 18 1314 $ 19 /318 122/ 1aa.aa! 1235 1aa.ea a /30S /325 Ib7.t0 /335 1aL"ia5 PROJECT SITE SUITE A PLAZA THRIFT /318 14 1a10 41 1320 /324 g R. RS-2 /22t /3/3 wise /326 ADJOINING BUILDINGS fa =N, ZONE BOUNDARY lad SCALE: DRN. DATE: �� 200'LOCATION M A p 6/30/2000 NORTH INITIAL 1220 E. PLAZA BLVD. STE A CUP-2000-12 HEARING: N �i T/ONAL CITY PLANK/N6 7/17/2000 NI A IIONAL CITY '1)LAT rfl DEPARTMENT City of National City Building and Safety Department 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4210 Fax (619) 336-4337 May 4, 2000 TO: FROM: Kathleen Trees Planning Department Building & Safety ep ment SUBJECT: 1220 E. Plaza Blvd. Me 0 4 7000 Plans must comply with the 1998 editions of the California Building Code, the California Mechanical Code, the California Plumbing C0e, the California Electrical Code, and California Title 24 energy and handicapped regulations. NATIONAL CITY FIRE DEPARTMENT 333 EAST 16th STREET NATIONAL CITY, CALIFORNIA 91950 (619) 336-4550 Date: 4-28-00 To: Larry Paris From: Jeff Burriss, Deputy Fire Marshal Subject: 1220 E. Plaza Blvd. Comments for Conditional Use Permit: The applicant should be made aware of the need for compliance with the 1999 edition of the NFPA and the 1998 edition of the California Fire Code as they may relate to any proposed improvements to the property. Centre Development, LLC PO Box 2848 La Jolla, CA 92038-2848 (619) 515-0555 (619) 515-0560 Fax July 17, 2000 City of National City Planning Department 1243 National City Blvd. National City, Ca. 91950 Re: Case File # CUP-2000-12 Dear Commission Members: VIA FAX We are the owner of parcel # 7 (operated as "Centre Laundry") located at the shopping center known as "South Bay Plaza". This center is governed by a Declaration and Agreement Establishing Protective Covenants, Conditions and Restrictions and Grant of Easements dated April 23, 1982 (CC & R's). Article 6 (B) states "No part of the Entire Property shall be used for a second hand store, massage parlor, pornographic shop or adult book store". (Emphasis added.) We have attached a copy of Article 6 (B) and will bring a full copy of the CC & R's to the public hearing tonight at 6:00 PM for inspection by Planning Commission members. Please be advised that we will not grant a waiver of this CC&R section, nor otherwise consent to the leasing of space to a thrift store within South Bay Plaza. In consideration of the restricted use condition placed upon the shopping center by agreement of all owners through the CC&Rs, we have invested significant amounts of capital into the real estate and business. This investment would not have been made if the CC&Rs did not ensure the integrity of the retail environment, which our business would operate, and our customers enjoy. Our investment in National City has been successful for us and beneficial to the community. We believe that the best interests of our business, and the efforts of National City to attract new investment and service to the community, are served by preserving the integrity of the existing retail centers. Thank you. CENTRE DEVELOPMENT, LLC Jams U. Parker Manager JUL-1 (—eMUU 1b: 4 498 P.,33 (2) No restaurant (fast food or sit-down) shall be located within seventy -Ilya (75) lineal feet of the westerly exterior wall of the building to be aituateed on Building Area 3, for within fifty (50) fese of the castaerl,y anterior well of the building to be situated on Building Arena restaurant located on Parcel 6 shall not exceed a maximum of 3,000 square feet of building area and any restaurant located on Parce3. 2 shall not exceed a eaxthum of 2.000 square feet of building area, and any such restaurant located on Parcel 2 as an incidental pare of its operation may dell for on - premises consumption beer and wine, but no hard liquor. Food service operations primarily fin off..premises consumption, such as a t*lcfr'^Out chicken or fish store,, ice dream store, candy store or delicatessen/ sandwich score way be located within the building area of Parcel 4 but any such food eervLLce operations shall not exceed a combined maximum of 2,000 square feet of building area. B. go Olt Of the .Barite Prep ty shall be used for;a a td Ott tern tmaesssge parlor, pornographic shop or'Adult boob Store. G. Ariy building located within! Building Area I shall not exceed a maximum of 10,000 square feet if such building oeeupied by a single financial user. If said building is occupied by t<etaii eommalicial users said building Shall oat exceed a maximum of $,000 square feet. In no event shall any portion of Parcel 1 ever be used as a restaurant or for any other food use. ARTICIA 7 -- DRUG STOLE RESTRICTION A. litkout the prior written donSent of Sav-an, cc part of the 1ntiru Ptoparty except Building Area 3 shall be used for the offering for sale of vmexthandiee which la required to be dispensed by or under the supervision GE a registered phatrwicist; provided, however, the fortgoinil xe sdriction shall become null and void and of no further force or effect in the event ;Bag• -on or its successor ceases re offer for sale from or at Parcel 3 such meechae#dise which is required to be diaponsed by or under the superviai.on of a regiateta4 pharmacist for a period of two (2) years or store. except for temporary closings because of remodeling, repairs, alterations, strikes, lockouts or ether reasons (except financial) beyond the reasocable control of Sav'on or its successors or assigns e+ith respect to Parcel 3. S. Pot to long nO Building Ara 3 is used for the operation of a retail super drug store, no liquor, beer and/or wine for off..pra tees toesuaption may be sold on the Entire Property except on or trail Building Arcaa 3 or 5. lu the even% 4 super drug score in not operated on Building Area 3 for a period of two (2) years or wore, except for temporary Closings becaus0 of reawdelietg, repairs, alterations, strikes, lettkouts or other reasons (except Iiju►aetal) beyond the reasonable control of Sav-on or its successors or assigns with respect to Parcel 3 thea such liquor, beer and wine way he sold from any portion of the Entire Property. ifa.thstandin8 the StoreNe. 1.443 . _ b,.. . DJ 14p,Q >4aztava ►al.J-.' E ' .... Docum04 tone 9 t . TOTAL P.O3 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CUP-2000-12 Project Location: 1220 E. Plaza Boulevard, Suite A Contact Person: Larry Paris Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a thrift store (Plaza Thrift) in an existing shopping center (South Bay Plaza). Applicant: Exempt Status: n Ruby Mullin Telephone Number: (619) 320-1322 Statutory Exemption. Categorical Exemption, Section 15301 (Class 1-Existing Facilities) Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The project involves a new thrift store in an existing facility and does not have the potential for impacting the environment. Date: Larry Paris Assistant Planner Recycled Paper Page 1 .;„ JUN 29 MOO NATIONAL CITY, CALIFORNIA. APPLICATION for xxx Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Filing Fee $ Receipt No. Date Received By R.A.F. Required Fee $ Related Cases LFG-AL DESCRIPTION OF PROPERTY: (Attach if insufficient ) Parcel 5 of Parcel Map No. 12079, in the City of National City, County of San Diego, State of California, being a division of portions of 40.00 acre of lots 1 and 2 and 20.00 acre Lots 2 and 3 of Quarter Section 132of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No, 166, made in Morrill, filed in the Office of Mag—TaTty Recorder of San Diego Lounty, M PROPERTY LOCATION 1220 Plaza Boulevard No. Stied Highland Avenue N Avenue between and COMBINED GENERAL PLAN/ZONING DESIGNATION General Commercial (CG) Please see Figure 1 for the project location and Figure 2 for the site plan. Conditional Use/Planned Development/Plumed Unit Development Permit Application Revised December, 1998 PE' 2 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter .18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: Please see attached. PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: See attached Name: Signature See attached Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) c/0 PDA Address: Address: 15350 S.W. Sequoia Pkwy., Ste. 300 Portland, OR 97224 503-624-6300 Phone No. Phone No. 503-624-7755 Fax No. Fax No. See attached Date: Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 Page 3 Date: ivvtg, t3 THE VONS COMPANIES, INC., a Michigan corporation , 2000 By.,/�--° Peter F. Bechen (typed or printed name) Its Assistant Vice President By `��._... S .tii-A4Th Thomas S. Smith (typed or printed name) Its Assistant Secretary document 1\pif Page 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116) to use the previously described property for the following purposes: The applicant proposes to relocate Plaza Thrift (currently known as Broadway Thrift) from its current location at 1100 Broadway, San Diego to the property located at 1220 Plaza Boulevard, since the business is being displaced as a result of trolley station and parking improvements. Plaza Thrift is a stable and successful business that began six years ago with a Lancaster store, and expanded to open the San Diego branch over two years ago. The store will operate between the hours of 9 AM to 6 PM 7-days a week and occupy 18,440 square feet of space in the South Bay Plaza commercial center, adjacent to Smart & Final. The majority of the space will be devoted to retail sales, with the remainder of the space used for office, storage/production, and restroom facilities to support the retail activities. Plaza Thrift will sell new and used merchandise. The store provides a range of items for sale, such as clothing and furniture. Plaza Thrift will serve all segments of the community, providing a wide range of products. In addition, to serving the general public, Plaza Thrift attracts customers with specialized needs, such as vintage clothes and antique collectors and costume designers. Based on current retail activities, the applicant anticipates that approximately 30 percent of the items sold in the store will be new, and the remaining 70 percent used. No drop-off of used merchandise will occur on -site as all used merchandise sold in the store will be collected off -site by employees of Plaza Thrift....... Page 5 APPLICANT Name: Ruby Mullin (Please type or print) - . Signature: (Signature certifies that the information submitted with this - application is true and accurate to the best of the applicant's knowledge). Address: 6363 Rancho Mission #2 San Diego, CA 92108 Phone No. 619-282-5888 Fax No. Date: 619-521-9713 June 17, 2000 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 Page 6 J1US t .+'iC.ATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned, development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a ,Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant; you are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Please see attached. Conditional Use/Planned Development/Planned Unit Development Permit Application n .reearl Tl 't.iiaFt r 199 Page 7 JUSTIFICATION Fact #1 - The proposed site for the proposed use is adequate in size and shape. Plaza Thrift is proposing to occupy space within the South Bay Plaza commercial center. South Bay Plaza is an existing commercial center that was developed in 1983. When center was developed it was required to meet the City's standards for site and building design, parking, landscaping, and access, ensuring that the center was adequate in size and shape for general commercial use. Therefore, as Plaza Thrift will occupy a vacant space in South Bay Plaza and provide commercial services consistent with the center's original design, the proposed site is adequate in size and shape for the proposed use. In addition, the proposed site meets the necessary site and market conditions required by the applicant. The site provides adequate commercial space, access to public transportation, roadway access, parking, and customer traffic. Fact #2 - The site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. The proposed site provides sufficient access to and from the major arterial roadways serving the area. The proposed property is located within the existing South Bay Plaza commercial center, which is conveniently located within one mile from both Interstate 5 and 805. The commercial center faces Plaza Boulevard to the north, one of the major east -west thoroughfares within National City. Existing access from Plaza Boulevard to the project site is provided by driveways entering from Plaza Boulevard and N Avenue, and a shared driveway connection with the remainder of the commercial center to the west. Highland Avenue, a major north -south arterial roadway, is located less than 1/4 of a mile to the west of the project site and provides north -south access to Plaza Boulevard and the project site. Access to the project site from the residential area located to the south is served by N Street Extension, a public road connecting Plaza Boulevard to L Avenue and East 16th Street. Fact #3 - The proposed use will not have an adverse effect upon adjacent or abutting properties. The proposed project site is located within an existing commercial center, South Bay Plaza. Property located to the north, east, and west of South Bay Plaza is zoned for General Commercial (CG) and General Commercial - Planned Development (CG ° PD), and consists of existing commercial development. The proposed conditional use is consistent with the existing surrounding commercial development. There is residential development located to the south of the project site.. This area is zoned for Single -Family - Small Lot (RS-2) and is developed. The proposed project will not have an adverse effect on this residential area since the project site is located within an existing commercial center, and as a result will not create new adverse impacts. Page 8 In addition, the proposed use will not create any noxious odors and noise that will adversely impact the surrounding land uses. Fact #4 - The proposed use is essential and desirable to the public convenience and welfare. The proposed use is essential and desirable to the public convenience and welfare for the following reasons; Plaza Thrift provides a range of necessary goods required by the public, and provides these goods in a location that allow shoppers ,access other stores, thereby reducing the number of vehicle trips necessary for individuals to purchase all of their needed goods. Sales tax generated by Plaza Thrift will positively benefit the City of National City since currently the proposed location is vacant and does not generate any sales tax for the City. In addition, based on the clientele that visits the current store location in San Diego, many of the store's customers will come from outside of National City, bringing outside sales tax revenue to the City. Plaza Thrift will occupy a vacant commercial space with unique qualities. There is a limited number of businesses that would be appropriate for the proposed store location since there is limited frontage in comparison to the total square footage. By occupying this vacant space, Plaza Thrift will not only provide sales tax revenues to the City, as discussed above, but also contribute to the healthy, prosperous image that an occupied commercial center presents. As Plaza Thrift is an existing business with a history of success, it can be expected to continue to occupy South Bay Plaza for many years. Plaza Thrift will attract new customers to South Bay Plaza which will positively benefit the existing businesses as these new customers will also shop at other stores once they have traveled to the commercial center. Page 9 SOURCE: Aerial Fotobank Inc, 1998. North LEHI 1 0 500 1000 ft Plaza Thrift Conditional Use Permit Application Figure 1 Project Location City of National City April 2000 South Bay Plaza Retail Center Plaza Thrift 11T 11-1 1-1 __ Project Site Smart & Final �\-\7\-S-\\\\\\\\\\\\\CCU \\\\\\\\\- 11_111111L11111111111 Plaza Blvd. SOURCE: Grubb & Ellis Cotton/Beland/Associates, May 2000 ---") North No Scale Plaza Thrift Conditional Use Permit Application Figure 2 Site Plan City of National City April 2000 JUL.1 e. eu u 1: 6 U N LW I I CN ZBELRND/ASSOC . NO.68.1 P.1/1 COTTON/BELAND/ASSOCIATES, INC. ith URBAN AND ENVIRONMENTAL PLANNING CONSULTANTS 6336 GREENWICH DRIVE SUITE F SAN DIEGO, CALIFORNIA 92122 (858) 625-0056 FAX (858) 625-0545 E-MAIL cbasdapacbell.net FACSIMILE TRANSMITTAL This is a confidential message, intended soles ► for the person to whom it is addressed. If you receive this message in error, please forward it to the correct pon, or mail It back to as, Tliankyou, DATE: 7/12/00 TO: Larry Paris ORGANIZATION: National City PROM: Catherine Reilly COPIES TO: PROJECT NO: l 166,00-Plaza Thrift CUP SUBJECT: Conditions of Approval TR NSMfl' TING: 1 pages including transmittal FAX # 619-336-4321 JUL 12 2000 COMMENTS: Larry - I just talked to Ruby regarding the draft conditions. Her only concern is regarding the hour of operations since I explained that once it is a condition of approval she would not be able to expand the hours of operation easily. She would like to have the option to expand the hours that the store is open for customers to be the same as the other stores in the shopping center if there is demand for the longer hours. Ruby thinks that the other stores are open from 9 am to 9 pm. Her collection trucks will still return to the store between 4 pm and 6 pm, and will not be making late night deliveries. While the store will not open to the public until 9 am, her employees do arrive at 8 am to clean and prepare for the day. If the City defines the hours of operation to include the hours employees are working in the store, including the period before the store opens for business, then Ruby would like e to be allowed to be operational from 8 am to 9 pm, with the store opening to the public at 9 am. Please call me with any questions. Ruby if going to try to get letters of support from the surrounding tenants, but she is not feeling too well this week. 6363 Rancho Mission #2 San Diego, CA 92108 September 7, 2000 Dear Council Members: My name is Ruby Mullin and I have submitted an application for a Conditional Use Permit (CUP-2000- 12) to operate my business, Plaza Thrift (formerly Broadway Thrift), at 1220 E. Plaza Boulevard, Suite A. It is my understanding that you know very little about me or my business. I hope this letter and the attached information sheet answers some, if not all, of your questions and provides you with a little more insight into the type of person I am and how I operate as a small business owner. I have also included a list of references for you to call if you would like to learn more about me and my business from people who have known and worked with me over the years. I have been involved with Thrift Stores for more than twenty-five (25) years. I have worked for Value Village, Amvets and American Way. In 1995 I decided to open my own store, with two partners, in Lancaster, California. I contacted the Catalyst Foundation for Aids Awareness and Care to serve as the charitable organization for this new business. Traditionally, Thrift Stores partner with a charitable organization. I have entered into an agreement with the Catalyst Foundation for Aids Awareness and Care that allows my company to collect donations of clothing, shoes, books, furniture, and miscellaneous items. Some non-profit agency's establish their own Thrift Stores, such as Goodwill, Salvation Army, and Children's Hospital, to name a few. But, for the most part, Thrift Stores such as Amvets, United Cerebral Palsy, Savers, Thrift Village and Disabled American Veterans are operated by private business entities. The Catalyst Foundation for Aids Awareness and Care has no involvement with the day to day operation of my business. I am solely responsible for paying all operating costs. The role that the Charity plays is that it enables Thrift Stores to collect merchandise. In return, the Charity will receive (after taxes) monetary compensation on a monthly, quarterly or yearly basis. In essence, this is a fundraising opportunity for the Charity without any overhead costs. The individuals who donate the items will receive a tax exemption form for their donation. In 1997 I decided to move back to San Diego and open a second store. My children grew up in San Diego and I decided it was time that I was close to them again. I signed a 10-year lease on a building located at the corner of 11 th and Broadway in downtown San Diego. Within eight (8) months I was told that I should start looking for a new location as the area was slated for redevelopment. I spent the next two years looking for a new building in Lemon Grove, La Mesa, Chula Vista, City of San Diego, El Cajon and National City. Of all the sites I visited, the building at 1220 E. Plaza Boulevard (which has been vacant for the past five 5 years) was best suited for my business. I have been out of business since February 28, 2000. Before closing my store in San Diego I initiated a sign-up sheet for individuals who would be interested in shopping at our new location. I currently maintain a list of approximately nine hundred (900), diverse individuals eager for the store to open. These individuals included antique dealers and collectors, 1 Plaza Thrift Information Sheet (Case # - CUP 2000-12) History of Plaza Thrift Ruby Mullin, the applicant, is requesting a conditional use permit so that she can relocate Plaza Thrift (previously known as Broadway Thrift) from its previous location at 1100 Broadway, San Diego to the property located at 1220 Plaza Boulevard in National City. The business has been displaced as a result of trolley station and parking improvements. Plaza Thrift is a stable and successful business that began six years ago with a Lancaster store (AV Thrift), and expanded to open the San Diego branch over two years ago. Due to San Diego redevelopment activities which have displaced Ms. Mullin's store, Plaza Thrift has been closed for business since February 28, 2000, awaiting the approval of the conditional use permit. Plaza Thrift Operations Plaza Thrift is a for -profit operation owned by Ruba, Inc., a privately owned corporation, and operated by Ruby Mullin (owner of Ruba, Inc.). Ms. Mullin is the applicant for the conditional use permit (references for Ms. Mullin are included in Attachment A). Plaza Thrift is proposed to occupy 18,440 square feet of space in the South Bay Plaza commercial center, adjacent to Smart & Final. Ms. Mullin plans on opening the store to customers between the hours of 9 AM to 6 PM seven days a week (with staff arriving at 8 AM to prepare the store), but has requested that she have the option to extend the hours of operation from 8 AM to 9 PM seven days a week in the future if there is sufficient business. These hours of operation would be consistent with the surrounding stores within the South Bay Plaza shopping center. In order to operate her business, Ms. Mullin has agreements with furniture distributors to purchase new merchandise and the Catalyst Foundation for AIDS Awareness and Care to collect used merchandise. A list of other thrift stores in the San Diego area is included in Attachment B. Appearance - Ms. Mullin takes great pride in the operation and maintenance of her stores (photos of the Lancaster store will be provided at the Public Hearing on September 19th). Her staff arrives prior to the opening of the store to make sure that everything is in order before the doors are open to the public, and the staff is required to continuously straighten store merchandise throughout the day. Ms. Mullin has agreed to the condition approved by the Planning Commission that the merchandise will be attractively displayed on shelves and racks, kept out of the aisles, and not stored in boxes on the floor of the display area. There is a storage/production room located at the rear of the store where merchandise collected by the store's employees is unloaded, stored, and prepared for display. Merchandise/Customers - The majority of the space in Plaza Thrift will be devoted to retail sales, with the remainder of the space used for office, storage/production, and restroom facilities. Plaza Thrift will sell new and used merchandise. The store provides a range of items for sale, such as clothing and furniture (please see Attachment C for a list of items sold at Plaza Thrift). Plaza Thrift 1 2. Providing new tax dollars to the City. Based on Ms. Mullin's existing Lancaster store, Plaza Thrift is estimated to generate approximately $1.2 million in gross sales, which will provide the City with approximately $12,000 in annual sales tax; and, 3. Attracting new shoppers to National City. Based on the store's mailing list, the majority of the shoppers live outside the City. As a result, Plaza Thrift will attract people and sales dollars from outside National City. Many of these customers will also shop at the other stores in South Bay Plaza while shopping at Plaza Thrift. Support for Plaza Thrift Tenants - Ms. Mullin has gathered the signatures of 19 of the tenants of South Bay Plaza shopping center stating that they do not oppose of the location of Plaza Thrift at the proposed site (please see Attachment E). Property Owners - Jim Cranford, owner of Centre Laundry in South Bay Plaza, spoke at the July 17th Planning Commission public hearing. His concern related to whether South Bay Plaza's CC&R's allow a thrift store. After Ms. Mullin signed a sublease with Smart & Final and submitted the original conditional use permit application to National City, Smart & Final discovered that the CC&R's do not allow second hand stores at South Bay Plaza. Based on its initial analysis, Smart & Final believed that the CC&R's would need to be amended and began the amendment process. After seeking legal advice based on a better understanding of Plaza Thrift's operations, which include the sales of new merchandise as well as used, and the fact that an existing store in the shopping center rents used merchandise as well as new, Smart & Final received legal counsel that Plaza Thrift is not considered a second hand store_pursuant to the CC&R's. Therefore, the CC&R's do not need to be amended. Before Smart & Final decided that the CC&R's do not need to be amended, the signatures of the majority of the property owners at South Bay Plaza were obtained to amend the CC&R's, showing that these owners do not oppose Plaza Thrift. In further conversations with Mr. Cranford and his partner, their concern is not with Plaza Thrift, but rather the maintenance of the shopping center. Smart & Final is working with Mr. Cranford, his partner, and the property management to address these concerns. No other person from the public spoke against the conditional use permit for Plaza Thrift at the July 17th public hearing, nor did anyone from the public submit an appeal request at the August 22nd City Council meeting. Attachment B - Addresses of Other San Diego Area Thrift Stores Disabled American Veterans Thrift Store 881 Broadway Chula Vista Goodwill Thrift Store 3663 Rosecrans San Diego Goodwill Thrift Store 10601H Tierrasanta Blvd. San Diego Children's Hospital Thrift Store 405 N. Broadway Chula Vista Children's Hospital Thrift Store 4341 El Cajon Blvd. San Diego Baras Thrift Store 4794 Claremont Boulevard San Diego Attachment D - Justification for the Suitability of the Site (submitted with original CUP application) The proposed site for the proposed use is adequate in size and shape. Plaza Thrift is proposing to occupy space within the South Bay Plaza commercial center. South Bay Plaza is an existing commercial center that was developed in 1983. When center was developed it was required to meet the City's standards for site and building design, parking, landscaping, and access, ensuring that the center was adequate in size and shape for general commercial use. Therefore, as Plaza Thrift will occupy a vacant space in South Bay Plaza and provide commercial services consistent with the center's original design, the proposed site is adequate in size and shape for the proposed use. In addition, the proposed site meets the necessary site and market conditions required by the applicant. The site provides adequate commercial space, access to public transportation, roadway access, parking, and customer traffic. The site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. The proposed site provides sufficient access to and from the major arterial roadways serving the area. The proposed" property is located within the existing South Bay Plaza commercial center, which is conveniently located within one mile from both Interstates 5 and 805. The commercial center faces Plaza Boulevard to the north, one of the major east -west thoroughfares within National City. Existing access from Plaza Boulevard to the project site is provided by driveways entering from Plaza Boulevard and N Avenue, and a shared driveway connection with the remainder of the commercial center to the west. Highland Avenue, a major north -south arterial roadway, is located less than 1/4 of a mile to the west of the project site and provides north -south access to Plaza Boulevard and the project site. Access to the project site from the residential area located to the south is served by N Street Extension, a public road connecting Plaza Boulevard to L Avenue and East 16th Street. The proposed use will not have an adverse effect upon adjacent or abutting properties. The proposed project site is located within an existing commercial center, South Bay Plaza. Property located to the north, east, and west of South Bay Plaza is zoned for General Commercial (CG) and General Commercial - Planned Development (CG • PD), and consists of existing commercial development. The proposed conditional use is consistent with the existing surrounding commercial development. There is residential development located to the south of the project site. This area is zoned for Single -Family - Small Lot (RS-2) and is developed. The proposed project will not have an adverse 7 Attachment E As a tenant of the South Bay Plaza Shopping Center, I do not disapprove of Plaza Thrift (tbrmerly Broadway Thrift) operating a business at 1220 E. Plaza Boulevard, Suite A. Tenant Signature Business Name ?to. ci 14 444 ae'titte Ftti Peetr,-- ceporle 14; Qa4h„.‘20/k) 7,kDisag. 00414(Ai 01,4-ek eq. AA 5-4,1<i, Litb c I9yClif//,',/./1/6 <71 City of National City, California COUNCIL AGENDA STATE ENT MEETING DATE 9/19/00 iliTEM TITLE RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE INSTITUTE FOR PUBLIC STRATEGIES (AKA: INSTITUTE FOR HEALTH ADVOCACY) FOR WORK ON OFFICE OF TRAFFIC SAFETY HIGH INTENSITY PREVENTION ZONE GRANT L. BRENT ROARK SKIP DiCERCHIOPREPARED BY DEPARTMENT POLICE SERGEANT CHIEF OF POLICE 2 AGENDA ITEM NO. EXPLANATION On April 25, 2000, the City Council, by Resolution, acknowledged the Institute for Health Advocacy as sub- contractor and grant partner for the Office of Traffic Safety "High Intensity Prevention Zone." This resolution will allow a formalized agreement to be executed in relation to the earlier acknowledgment. Environmental Review X N/A Financial 1 1 t No fiscal impact. Subcontract work is funded 100% by grant. STAFFRECOMMENDATION Approve Resolution BOARD t COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Selo ) Account No. Resolution No. 2000-118 1. Memorandum of Understanding Between Institute for Public Strategies and National City Police Department. 2. Resolution A 2OO (9/80) n. , RESOLUTION NO. 2000 — 118 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE INSTITUTE FOR PUBLIC STRATEGIES (AKA: INSTITUTE FOR HEALTH ADVOCACY) FOR WORK ON THE OFFICE OF TRAFFIC SAFETY HIGH INTENSITY PREVENTION ZONE GRANT WHEREAS, whereas the City desires to employ a contractor to serve as a consultant and collaborator to perform work on the Police Department's High Intensity Prevention Zone Grant; and WHEREAS, the Institute of Public Strategies (aka: Institute for Health Advocacy) is a non-profit organization under Section 501(c)(3) of the Internal Revenue Code and is recognized as an expert in the field of media advocacy, community mobilization, and planning and managing news making activity, and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an agreement with the Institute of Public Strategies (aka: Institute for Health Advocacy) for work on the office on Traffic Safety High Intensity Prevention Zone Grant. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of September, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: "31. George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE INSTITUTE FOR PUBLIC STRATEGIES THIS AGREEMENT is entered into this nineteenth day of September, 2000 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and The Institute for Public Strategies, also known as the Institute for Health Advocacy (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to serve as a consultant and collaborator to perform the services as outlined in Exhibit A and titled Memorandum of Understanding between Institute for Public Strategies and the National City Police Department dated May 26, 2000 by James Baker of the Institute for Public Strategies and June 21, 2000 by Anthony "Skip" Dicerchio of The National City Police Department WHEREAS, the CITY has determined that the CONTRACTOR is a_non profit organization per 501(c)(3) of the Internal Revenue Code and is recognized as an expert in the field of media advocacy, community mobilization, and planning and managing news making activity, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR 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. 3. PROJECT COORDINATION AND SUPERVISION. Sergeant L. Brent Roark, (National City Police Department) hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall Revised 52000 responsibility for the progress and execution of this Agreement for the CONTRACTOR. Dan Tomsky thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the project coordinator for the CITY. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice or as otherwise stated in exhibit A, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. 6. DISPOSITION AND OWNERSHIP OF DOCUCUMENTS. The CONTRACTOR shall not be authorized to copyright the final report, any papers, interim reports, forms, or other material which is a part of the work under the contract, without the written approval from the CITY and the Office of Traffic Safety. Publication rights to any documents produced are to be reserved to the CITY and the Office of Traffic Safety. All reports published by the CONTRACTOR shall contain the following statement on the credit sheet: "The opinions, findings and conclusions expressed in this publication are those of the authors and not necessarily those of the Office of Traffic Safety, the National Highway Traffic Safety Administration or the Federal Highway Administration." Both written and oral releases are considered to be within the contest of publication. However, there is no intention to limit discussionrof the study with small technical groups of lectures to employees or students. Lectures to other groups which describe the project but disclose neither data nor results are permissible without advance approval. All reports Shall contain the following credit line: "In cooperation with State of California, Business, Transportation and Housing Agency, Office of Traffic Safety, the U.S. Department of Transportation, National Highway Traffic Safety Administration and Federal Highway Administration." All data, maps, photographs and other material collected or prepared under the contract shall become the joint property of the CITY and the Office of Traffic Safety. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another. The CONTRACTOR is not an 2 Revised 5/2000 employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'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 CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR 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 CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 3 Revised 5/2000 B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR 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 CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR 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 tllat allows for project completion in the time frame specified or, when not specified, then wit* a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will 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 CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. ' The CONTRACTOR shall limit the use and circulation of such information, even within its/ own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 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 CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR 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 CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Revised 5/2000 Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR 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. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR 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, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. volunteers. 5 Revised 5/2000 F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which 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. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. 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 faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 6 Revised 5/2000 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 7 Revised 5/2000 To the CONTRACTOR: James Baker Executive Director Institute for Public Strategies 148 E. 30th. Street National City, CA 91950 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR 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 CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR 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. (l If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR 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 21 by the CONTRACTOR. 22. 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 Saturday, Sunday or federal, state or legal holiday. 8 Revised 5/2000 B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 9 Revised 5/2000 CITY OF NATIONAL CITY INSTITUTE FOR PUBLIC STRATEGIES (Two signatures required) By: By: George H. Waters, Mayor (Name) APPROVED AS TO FORM: By: (Title) (Name) George H. Eiser, III City Attorney • (Title) 10 Revised 5/2000 IHA Institute for Health Advocacy MEMORANDUM of UNDERSTANDING Between Institute for Public Strategies (IPS) and The National City Police Department (NCPD) For Subcontracted work under NCPD's April 2000- March 2002 OTS funding The Institute for Public Strategies (IPS) — Institute for Health Advocacy (IHA) will function as a consultant and collaborator with the National City Police Department (NCPD) by executing the below delineated "deliverable" services which have been incorporated into NCPD's OTS project funded by the Office of Traffic Safety for the April 1, 2000 — March 31, 2002 period. DELIVERABLES: As trainer and technical assistant within NCPD's OTS funded project, the Institute for Public Strategies is responsible for: 1. Organizing and conducting eight (8) capacity -building workshops for community leaders and volunteers on how to impact public policy, effect change in community attitudes towards alcohol/DUI and build community support for law enforcement activities/prevention strategies. These workshops will double as strategizing / planning sessions for the community involvement aspects of this OTS project. (Conduct 4 workshops per each 12 month. period) 2. Co -establishing and co -facilitating (with NCPD) a multi -disciplinary team to include but not be limited to law enforcement officers, public health professionals, educators, preventionists and community members to: learn and support effective DUI prevention technologies /strategies; to participate in a long-term, regional approach to DUI public policy advances; develop and participate in newsmaking / public information strategies; and identify and coordinate spokespersons. Goal: operationalize three work groups by sub -regions or issue tracks (e.g. youth access to alcohol, public drinking and DUI) that will be focused and action -oriented. 3. Establishing and co -facilitating, in collaboration with existing youth service organisations, an Alcohol Public Information Youth Team. Participants will be primarily drawn from existing South Bay youth organizations / South Bay Partnership for Prevention, and be trained to use the free news media to support law enforcement activities, promote other prevention strategies and send messages to their peers about DUI and drinking issues. They also will collaborate with the Operation Safe Crossing youth volunteers to send messages about the dangers of cross -border drinking in Baja California. Participants will learn and practice how to become effective community spokespersons in the broadcast and print media (including Spanish -language), and how to participate as guests on talk radio. Item #6 fits under this Youth Team. 4. Organizing and conducting two (2) "meet the media" seminars. A panel of three to five journalists will be convened to discuss practical ways to access news outlets. Reporters will talk about their areas of special interest and discuss the process community newsmakers can use to send information to them. These seminars will also allow community groups to explain their issues, share their information and receive suggestions from reporters on how to "frame the story" to make it attractive to news outlets. (Conduct 1 seminar per each 12 month period) 5. Facilitating four (4) regional media briefings with U.S. and Mexican reporters. Law enforcement and community leaders' briefings will report on the regional approach / progress towards DUI and other alcohol - related problems and solutions including updates on "Operation Safe Crossing". (Provide 1 in English and I in Spanish per each 12 month period) (page 1 of 3) 148 E. 30th Street, Suite B National City, California 91950 • Phone: 619.474.8844 Fax: 619.474.8838 www.publicstrategies.org -2- four sub-regionalyouth-service organizations) 6. Facilitating written agreements for and co -coordinating (withTeam s� � #3) and specifically be responsible youth and other community volunteers to participate in Youth�h at trolleystations, high school football games for distributing leaflets (at least quarterly) in English andp and/or other strategic South Bay locations, creating a high -visibility public information campaign regardingngand planned or ongoing enforcement activities. The leaflets will highlight California's DUI, public drinated nkiwn Operation youth -related alcohol laws, and indicate that strict enforcement is in progress. When Safe Crossing, leaflets will also provide information on available alternative transportation home from the San 000 - for Diego -Tijuana border. Written agreements will include incentive money — total amount not to exceed Youth team activity, recognition and project identification items. (Leaflet distribution will coincide with DUI operations) 7. Planning and managing newsmaking activity coordinated with law enforcement and other project -related activities. Newsmaking activity will range from editorials and feature pieces to "ride -a -longs" and news events. Participants in the youth and multi -disciplinary teams will generate news as key spokespersons. (Over the project's 24 months: ten (10) newsmaking activities, including seven (7) non holiday operations and three (3) holiday operations will be achieved) 8. Providing seventy two (72) technical assistance/consulting units (30 minutes max) which may include, but tbshall not be limited to: strategy guidance requests; community or journalist inquiries; creation of informational ards and other visuals for community education/news media purposes; news video compilations for collaborators; spokesperson preparation; public information development; reporting of DUI checkpoint or decoy operation outcomes. 9 developing, Planning,develo in preparing and partnering with NCPD, as necessary and appropriate, conference presentations that will highlight this project's goals, components and accomplishments. IPS co- b be nta�ri a� (s) with Sgt. Lanny Roark, Project Director, (e.g. at the June 2000 Alcohol Policy Conference XII) willfurthering the impact of this project and promoting it as a prevention model for replication. CONTRACT REIMBURSEMENT: For the period 4-1-00 to 3-31-02, NCPD's reimbursements to IPS will not exceed the following amounts: $ 47, 237.00 for FY-1 (April 1, 2000 — Sept. 30, 2000) $ 93,175.00 for FY-2 (Oct. 1, 2000 — Sept. 30, 2001) $ 47, 237.00 for FY-3 (Oct. 1, 2001— March 31, 2002) for work completed, upon receipt of required invoices with documentation of deliverables, and/or accomplishments leading to the deliverables. $4,000 of the above is earmarked for distribution to youth service organizations per agreements with IPS for leaflet distribution and other youth team activity. No work beyond March 31, 2002 is billable. An invoice and monthly report will be presented by the 7th of each month for the preceding month's activities. CONDITIONS: As a subcontractor, the Institute for Public Strategies certifies that it adheres to all applicable federal and county contract requirements. r t, Imerigiumi, for Public Sammie, -3- IHA Institute ibr Health Advocacy This contract may be terminated by mutual written consent of both parties, or by either party, upon thirty days notice. c?" National City Police Department �S 2 Date --21-062 Date 148 E. 30th Street, Suite B National City, California 91950 • Phone: 619.474.8844 Fax: 619.474.8838 www. publicstrategies.org MEETING DATE City of National City, California COUNCIL AGENDA STATE ENT September 19, 2000 AGENDA ITEM NO. 3 ITEM TITLE RESOLUTION APPROVING CHANGE ORDER NUMBER SIX, ACCEPTING THE WORK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE DIVISION STREET WIDENING FROM DREXEL AVENUE TO THE EAST CITY LIMITS PROJECT, SPEC. NO. 96-5 PREPARED BY DEPARTMENT Din Daneshfar Engineering/Public Works EXPLANATION See attached. Environmental Review X N/A Financial Statement The final construction cost is $1,488,902.89. The funding is available through P.O. No. 61091 (Account Nos.: 103-509-500-598- 6107, 103-509-500-598-6142, 109-509-500-598-6107, 307-509-500-598-6107 and 307-509-500-598-6103). / Account No. STAFF RECOMMENDATION Adopt the Resolution approving Change Order No. Six, accepting the work, and authorizing the filing of a Notice of Co le cpn. 414 94, * BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed 1. Resolution 2. Change Order No. 6 Resolution No. 2000-119 3. Notice of Completion A-noomr 96-51 RESOLUTION NO. 2000 - 119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NO.6, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE DIVISION STREET WIDENING FROM DREXEL AVENUE TO THE EAST CITY LIMITS PROJECT (Engineering Specs. No. 96-5) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by PACIFIC SOUTHWEST CONSTRUCTION AND EQUIPMENT, INC., Engineering Department Specification No. 96-5, for the Division Street Widening from Drexel Avenue to the East City Limits Project has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that Change Order No. 6 is hereby approved. PASSED and ADOPTED this 19th day of September, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RE: RESOLUTION APPROVING CHANGE ORDER NUMBER SIX, ACCEPTINGTHE WORK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE DIVISION STREET WIDENING FROM DREXEL AVENUE TO THE EASTERLY CITY LIMITS PROJECT, SPECIFICATION NO. 96-5 On December 7, .1999, by Resolution No. 99-187, the City Council awarded a contract to Pacific Southwest Construction and Equipment, Inc. for the Division Street Widening from Drexel Avenue to the Easterly City Limits Project. The total cost for the project was estimated to be $1,706,225.50. This estimate included $1,364,980.50 for construction, $204,747.00 for contingencies, and $136,498.00 for inspection, surveying, and material testing services. On April 11, 2000, by Resolution No. 2000-36 and 2000-37, the City Council approved the Change Orders Number One and Two. On July 18, 2000, by Resolution No. 2000-77, 2000-78, and 2000-79, the City Council approved Change Orders Number Three, Four and Five. The contract that was awarded in December was based on estimated bid quantities. During construction certain bid quantities had to be adjusted in order to reflect the actual work constructed in the field. The cost for each item was based on its original contract unit price. These adjustments are further detailed in the attached Contract Change Order Number Six. The following is a list which summarizes the project costs: Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Change Order No. 6 Total Cost - Change Orders Total Original Contract Bid Amount Total Final Contract Amount $ 12,600.00 $ 50,606.67 (City was reimbursed $38,428.33 by SWA) $ 43,812.13 $ 7,935.61 (City was reimbursed $ 7,935.61 by SWA) ($ 13,072.72) $ 22,040.70 $ 123,922.39 $1,364,980.50 $1,488,902.89 On June 22, 2000, a final inspection was completed and the work was found to be in accordance with the approved project plans and specifications CHANGE ORDER NUMBER 006 AND CONTRACT FINAL BALANCE Page 1 of 7 TO: Coy Mr. Tom Scanlan Oak str President Pacific Southwest Construction and Equipment, Inc. �•`• 204 Greenfield Drive, Suite D El Cajon, California, 92020 DATE: AUGUST 28, 2000 PROJECT: DIVISION STREET WIDENING FROM DREXEL AVENUE TO EAST CITY LIMITS DESCRIPTION OF CHANGE: This change order is prepared to reflect the increase/decrease between the original estimated bid quantities and the final quantities constructed. DISCUSSION: Initially, the contract was awarded based on the estimated bid quantities. However, during the construction phase certain bid quantities had to be adjusted to reflect the actual work quantities in the field. The cost for each item was based on its original contract unit price. This adjustment increased the contract amount by $22,040.70. The increased and decreased . work items are listed and described further in the • attached Contract Final Balance spreadsheets. Each of the quantities has been paid by the progress payments. The purpose of this change order is to finalize the contract quantities. CONTRACT PRICE ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the total amount of $22,040.70 from the previously adjusted $1,466,862.19 to a new contract price of $1,488,902.89. However, since the payments have been made by progress payments throughout the project, no additional payment is due as a result of this change order. 2. The contract time is unchanged. The contract completion date has previously been established as Monday, July 10, 2000. CHANGE ORDER NUMBER 006 AND CONTRACT FINAL BALANCE Page 2 of 7 • This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and incidentals for performing the work as described above. Pacific Southwest Construction and Equipment, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described. Recommended for Approval by: in Daneshfar, City Project ► ager Date Approved by: om Scanlan President, Pacific Southwest Construction and Equipment, Inc. Michael Jones Secretary, Pacific Southwest Construction and Equipment, Inc. ..,&7 Dc____) Date .36.ov Date Burton S. Myers Date City Engineer/Public Works Director City of National City Resolution Number Date 2 CHANGE ORDER NUMBER 006 AND CONTRACT FINAL BALANCE Page3of7 The following is summary of the attached Contract Final Balance: Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Change Order No. 6 Total Amount of Change Orders Cost $ 12,600.00 $ 50,606.67 $ 43,812.13 $ 7,935.61 ($ 13,072.72) $ 22,040.70 $ 123,922.39 Total Original Contract Bid Amount $1,364,980.50 Total Final Contract Amount $1,488,902.89 See Contract Final Balance spreadsheets for details. Contract Final Balance SPECIFICATION NO. : 96-5 PROJECT: Division Street Widening from Drexel Avenue to the East City Limits 1 Page 4 OF 7 DATE: 8128/2000 Project No.: 6107, 6103, 6007 Final Inspection Date: June 22, 2000 Completion Date: 9/12 12000 2 ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE i ORIGINAL CONTRACT TOTAL TO DATE FINAL DIFFERENCE BETWEEN COL. 1 & 2 QUA'TY AM'T $ QUA'TY AM'T $ 1 Traffic Control 2 Clearing & Grubbing 3 Unclassified Execavation 4 Overexcavation & Recompact 5 Untreated Miscellaneous Base 6 Asphalt Concrete 7 Asphalt Rubber Hot Mix (ARHM) 8 Slurry Seal, Type II 9 Deleted 10 Adjust Manhole to Grade 11 Curb (6" per SDRSD G-1) 12 Curb and Gutter (6" curb face) 13 Curb and Gutter (8" curb face) 14 Sidewalk 15 Driveway (Apron) 16 Driveway (Private) 17 Crossgutter (Modified G-12) 18 Pedestrian Ramp 19 Area Drain 20 Chain Link Fence 21 Install Temp. Chain Link Fence 22 Install Dust Control Screens on fences Subtotal LS $ 7,500.00 1 $ 7,500.00 1 • $ 7,500.00 $ LS $ 29,100.00 1 $ 29,100.00 1. $ 29,100.00 $ CY $ 10.50 3000 $ 31, 500.00 3000 $ 31, 500.00 $ - CY $ 10.00 850 $ 8,500.00 30 $ 300.00 $ (8,200.00) TNS $ 13.50 3265 $ 44,077.50 2794 $ 37,714.55 $ (6,362.95) TNS $ 43.00 1163 $ 50,009.00 1122 $ 48,231.38 $ (1,777.62) TNS $ 93.00 535 $ 49, 755.00 767.4 $ 71, 364.48 $ 21, 609.48 SY $ 2.00 3642 $ 7,284.00 0 $ - $ (7,284.00) EA $ 500.00 5 $ 2,500.00 0 $ - $ (2,500.00) LF $ 18.00 68 $ 1,224.00 51.25 $ 922.50 $ (301.50) LF $ 15.00 206 $ 3,090.00 0 $ $ (3,090.00) LF $ 16.00 1535 $ 24,560.00 1383 $ 22,134.72 $ (2,425.28) SF $ 3.00 9318 $ 27, 954.00 7704 $ 23,112.75 $ (4,841.25) SF $ 7.50 1130 $ 8,475.00 1939 $ 14,540.62 $ 6,065.62 SF $ 6.00 1300 $ 7,800.00 2016 $ 12, 094.50 $ 4,294.50 SF $ 8.50 4845 $ 41,182.50 4965 $ 42,205.05 $ 1,022.55 EA $ 695.00 9 $ 6,255.00 9 $ 6,255.00 $ EA $ 350.00 7 $ 2,450.00 7 $ 2,450.00 $ LF $ 17.00 114 $ 1,938.00 114 $ 1,938.00 $ $ LF $ . 7.00 121 $ 847.00 121 $ LF $ 9.00 184 $ 1,656.00 184 $ 1,656.00 $ $ 357,657.00 $ 353,866.55 $ (3,790.45) Contract Final Balance Page 5 OF 7 SPECIFICATION NO. : 96-5 PROJECT: Division Street Widening from Drexel Avenue to the East City Limits 1 DATE: 8/28/2000 Project No.: 6107, 6103, 6007 Final Inspection Date: June 22, 2000 Completion Date: 9112 /2000 ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE ORIGINAL CONTRACT TOTAL TO DATE FINAL 2 QUA'TY AM'T $ QUA'TY AM'T $ DIFFERENCE BETWEEN COL. 1 & 2 23 Relocate Existing Gate 24 Deleted 25 Reconstruct Rail Fence and Pilasters at Sta. 50+36.00 26 Reconstruct Decorative Wall and Gate at AP 554-102-02 27 Reconstruct Decorative Wall and Gate at AP 554-102-16 28 Reconstruct Block Wall with Headboards at AP 554-080-01 f'��: '29 Ruining Wall 30 ReMove Existing Block/ Wught Iron Fence 31 Sound Wall 32 Trench Safety & Shoring 33 48, RCP 34 48:7"RCP Including Trench Pvmt Subtotal EA $ 800.00 7 $ LS $ 800.00 1 $ LF $ 84.00 61 $ LF $ 160.00 15 $ LF $ 133.00 18 $ SF $ 34.00 840 $ LF $ 13.00 88 $ SF $ 20.00 4442 $ LS $ 7,500.00 1 $ LF $ 132.00 1030 $ LF $ 157.00 1050 $ 5,600.00 800.00 5,124.00 2,400.00 2,394.00 28, 560.00 1,144.00 88, 840.00 7,500.00 135,960.00 164, 850.00 $ 443,172.00 5 $ 4,000.00 1 $ 800.00 0 $ 0 $ 41.75 $ 5,552.75 880.8 $ 29, 946.52 88 $ 1,144.00 4383 $ 87,662.60 1 $ 7,500.00 1030 $ 135, 960.00 1050 $ 164, 850.00 $ (1,600.00) $ (5,124.00) $ (2,400.00) $ 3,158.75 $ 1,386.52 $ - $ (1,177.40) $ $ $ 437,415.87 $ (5,756.13) Contract Final Balance SPECIFICATION NO. : 96-5 PROJECT: Division Street Widening from Drexel Avenue to the East City Limits 1 Page 6 OF 7 DATE: 8/28/2000 Project No.: 6107, 6103, 6007 Final Inspection Date: June 22, 2000 Completion Date: 9112 /2000 2 ITEM NO. 200 $ ITEM DESCRIPTION UNIT UNIT PRICE $ ORIGINAL CONTRACT TOTAL TO DATE FINAL - DIFFERENCE BETWEEN COL. 1 & 2 QUA'TY AM'T $ QUA'TY AM'T $ , m a nr „n og onn nn onn 96 9nn nn - 35 24" RCP 36 18" RCP 37 Curb Inlet, L=5' 38 Curb Inlet, L=11' 39 Curb Inlet, L=15' 40 Curb Inlet, L=18' 41 Curb Inlet, L=20' 42 Curb Inlet, L=23' 43 Curb Inlet, L=27' 44 Cleanout Type A-4 45 Cleanout Type A-5 46 Cleanout Type A-5 Mod. 47 Cleanout Type A-6 48 U Type Headwall w/ Debris Rack 49 Sewer Support 50 Collar per D-62 at 51 Slurry Fill Abandoned 36" CMP 52 8" PVC (SDR35) Sewer Main 53 8" PVC (SDR35) Sewer Main (including trench pavement) 54 Manhole per SDRSD S-17 (See CCO # 1) 55 Manhole Rehabilitation (See CCO # 1) 56 Reconstruct Sewer lateral 57 Install Sewer Cleanout 58 Traffic Signal 59 Striping Subtotal LF EA EA EA EA EA EA EA EA EA EA EA EA LF EA LF LF LF $ 99.00 $ 2,200.00 $ 3,300.00 $ 3,500.00 $ 3,800.00 $ 4,000.00 $ 4,500.00 $ 5,400.00 $ 2,500.00 $ 3,000.00 $ 4,500.00 $ 3,600.00 $ 3,200.00 $ 60.00 $ 590.00 $ 21.00 $ 47.00 $ 68.00 273 $ 1 $ 1 $ 2 $ 1 $ 1 $ 2 $ 1 $ 2 $ 5 $ 2 $ 2 $ 1 $ 30 $ 1 $ 316 $ 1641 $ 1145 $ 27, 027.00 2,200.00 3,300.00 7,000.00 3,800.00 4,000.00 9,000.00 5,400.00 5,000.00 15,000.00 9,000.00 7,200.00 3,200.00 1,800.00 27,617.04 $ 2,200.00 $ 3,300.00 $ 3,500.00 $ (3,500.00) 7,600.00 $ 3,800.00 4,000.00 $ 9,000.00 $ 5,400.00 $ 5,000.00 $ 15,000.00 $ 9,000.00 $ 7,200.00 $ 3,200.00 $ 1, 200.00 $ (600.00) 590.00 1 $ 590.00 $ 6,636.00 316 $ 6,636.00 $ 77,127.00 1615.42 $ 75,924.74 $ (1,202.26) 77, 860.00 1145 $ 77,860.00 $ - 279 $ 1 $ 1 $ 1 $ 2 $. 1 $ 2 $ 1 $ 2 $ 5.$ 2 $ 2 $ 1 $ 20 $ EA $ 2,500.00 1 $ 2,500.00 1 $ 2,500.00 $ EA $ 2,500.00 12 $ 30, 000.00 12 $ 30, 000.00 $ EA $ 2,000.00 39 $ 78,000.00 52 $ 104,000.00 $ EA $ 280.00 39 $ 10, 920.00 53 $ 14, 840.00 $ LS $131,200.00 1 $ 131,200.00 1 $ 131,20$0 LF $ 0.50 4143 $ 2,071.50 4544 $ 2,272.00 $ 545,031.50 $ 574,239.78 $ 590.04 26, 000.00 3,920.00 200.50 29, 208.28 Contract Final Balance SPECIFICATION NO. : 96-5 PROJECT: Division Street Widening from Drexel Avenue to the East City Limits ITEM NO. ITEM DESCRIPTION 1 Page 7 OF 7 DATE: 8/28/2000 Project No.: 6107, 6103, 6007 Final Inspection Date: June 22, 2000 Completion Date: 9/12/2000 2 UNIT UNIT PRICE ORIGINAL CONTRACT TOTAL TO DATE FINAL QUA'TY AM'T $ QUA'TY AM'T $ DIFFERENCE BETWEEN COL. 1 & 2 60 Pavements Markers 61 Pavement Legends 62 Signing 63 Survey Monument per SDRSD M-10 64 24" RCP Including Trench Pvmt Subtotal Total SEE CCO # Z- Vatermarf Replacet Ofit SE, CCC Haraso Subtotal (CCO # 1 thru 5) Grand Total EA $ 4.00 160 $ 640.00 SF $ 5.00 428 $ 2,140.00 LS $ 2,700.00 1 $ 2,700.00 EA $ 440.00 4 $ 1,760.00 LF $ 120.00 99 $ 11,880.00 $ 19,120.00 $ 1,364,980.50 LS $ 12, 600.00 1 $ 12, 600.00 LS $ 50,606.67 LS $ 43, 812.13 1 $ 50,606.67 1 $ 43,812.13 LS $ 7,935.61 1 $ 7,935.61 LS $ 13, 072.00 1 $ (13, 072.72) $ 101, 881.69 $ 1,466,862.19 192 $ 889 $ 1 $ 4 $ 98.55 $ 768.00 $ 4,445.00 $ 2,700.00 $ 1,760.00 $ 11, 826.00 $ 128.00 2,305.00 $ 21,499.00 $ 2,433.00 $1,387,021.20 $ 22,040.70 1 $ 12, 600.00 $ 1 $ 50, 606.67 $ 1 $ 43,812.13 $ 1 $ 7,935.61 $ 1 $ (13,072.72) $ $ 101,881.69 $ $1,488,902.89 $ 22, 040.70 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 September 12, 2000, of the Widening of DivisioD Street Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Division Street from Drexel Avenue tolh.e _Easterly City T,imits Street Address City State Zip Code The undersigned owns the following interest or estate in said property:__ _NLA 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 PACIFIC SOUTHWEST CONSTRUCTION AND EQUIPMENT Name of Original Contractor The following work and material were supplied: General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tentants, tenants in common, or other owners Dated: , 2000; Signature of Owner 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 , 2000, at , California. Signature: GEORGE H. WATERS, MAYOR City of National City, California COUNCIL AGENDA STATE ENT MEETING DATE September 19,2000 4 AGENDA ITEM NO® lITEM TITLE Resolution Approving Council Policy On The City of National City Investment Policy. PREPARED BY DEPARTMENT M. Matienzo EXPLANATION Finance City Council Policy Number 203 provides that the City's Investment Policy be reviewed annually. Per Council direction, investment policy updates are incorporated into our City Council Policy. This year's policy incorporated some changes to the adopted last year dated September 7, 1999. Please see attached explanation. Environmental Review N/A Financial Statement Not Applicable. STAFF RECOMMENDATION Approved By 3 Finance Directo1r Account No. Staff recommends to adopt the resolution approving the updated policy for inclusion in the policy manual and amend the investment policy adopted by Council on October 23, 1990 BOARD / COMMISSION RECOMMENDATION goi/e66./ ATTACHMENTS ( Listed Belo 1. Resolution 2. Updated Investment Policy 3. Summary of Revisions Resolution No. 2000-120 • A-200 (9 99) RESOLUTION NO. 2000 —120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE CITY OF NATIONAL CITY INVESTMENT POLICY WHEREAS, Policy No. 203 of the City Council Policy Manual provides that the City's investment policy be reviewed annually toensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends; and WHEREAS, the City Treasurer and Director of Finance have prepared for review and approval by the City Council amendments to Policy No. 203 of the Policy Manual; and WHEREAS, said Policy, as amended, is intended to provide guidelines for the prudent investment of the City's temporary idle cash, to outline the policies for maximizing the efficiency of the City's cash management system, and to enhance the economic condition of the City while insuring the safety and funds invested. WHEREAS, the Finance Director has recommended certain revisions to said policy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby approve revisions to the City's Investment Policy, as recommended by the Finance Director. PASSED and ADOPTED this 19th day of September, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City.Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney REVISION TO THE CITY OF NATIONAL CITY INVESTMENT POLICY 1. PAGE 4 OF 13 Authorized Financial Dealers and Institutions Added: Brokers/dealers are also required to provide proof of NASD certification and proof of State registration. CITY COUNCIL POLICY TITLE: POLICY NUMBER 2 0 3 INVESTMENTS ADOPTED: AMENDED OR OCTOBER 23, 1990 Purpose REVISED: SEPTEMBER 19 , 2 0 0 0 Page 1 of 13 To provide broad guidelines to the officers of the City charged with the responsibility for investment of temporarily idle funds. Policy Temporarily idle funds will be invested in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of idle funds. Scope This policy applies to all financial assets of the City accounted for in the City's Comprehensive Annual Financial Report and any new fund created by the City Council, unless specifically exempted. Standard of Prudence Investments shall be made in context of the "Prudent Investor" rule, which states that: "investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.": CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 203 ADOPTED: AMENDED OR REVISED: SEPTEMBER 19 , 2000 OCTOBER 23, 1990 Page 2 of 13 This standard of prudence shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. • Objective The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of overall portfolio. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. Return on investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 203 ADOPTED: AMENDED OR OCTOBER 23, 1990 REVISED: SEPTEMBER 19 , 2 0 0 0 Page 3 of 13 Delegation of Authority Management responsibility for the investment program is hereby delegated to the Finance Director, who shall establish written procedures for the operation of the investment program consistent with the investment policy. Procedures should include reference to: safekeeping, PSA repurchase agreements, wire transfer agreements, collateral/depository agreements and banking.service contracts. Such procedures shall include explicit delegation of authority of persons responsible for investment transactions. No person may engage in an investment transaction except as provided under.the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business with the City, and they shall further disclose any large personal financial investment positions that could be related to the performance of the City's portfolio. Employees and officers shall subordinate their personal investment transactions to those of the City, particularly with regard to the time of purchases and sales. .11.1111.1.1111111101111111.1.1.11. CITY OF NATIONAL CITY CITY COUNCIL POLICY INVESTMENTS POLICY NUMBER 2 0 3 ADOPTED: AMENDED OR OCTOBER 2 3, 19 9 0 REVISED: SEPTEMBER 19 , 2 0 0 0 Page 4 of 13 Authorized Financial Dealers and Institutions The Finance Director will maintain a lisfof financial institutions authorized to provide investment services. Investments will be placed with SEC registered broker dealers only. In addition, a list will also be maintained of approved security broker/dealers selected by creditworthiness with at least five years of operation. These may include "primary"dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule) . No public deposit shall be made except in a qualified public depository as established by state laws. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. • A current financial statement to be submitted annually is required to be on file for each financial institution and broker/dealer its which the City invests. Broker/dealers are also required to provide proof of NASD certification and proof of State registration. The Finance Director shall provide a current edition of the Investment Policy to all dealers/brokers which have been previously approved to handle investment transactions. Receipt of the policy, including. confirmation that it has been reviewed by persons handling the City's account should be acknowledged in writing prior to commencing to trade. Authorized and Suitable Investments Security purchases and holdings shall be maintained within statutory limits imposed by the Government Code. The Finance Director will maintain a list of permissible investments and the current limits for each type of investment. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY • INVESTMENTS NUMBER 2 03 ADOPTED: AMENDED OR OCTOBER 2 3, 19 9 0 REVISED: SEPTEMBER 19 , 2 0 0 0 Page 5 of 13 ELIGIBLE INVESTMENTS Investments may be made in securities which are permissible investments under the California Government Code, as they now read or may hereafter be amended, from money in the treasury not required for the immediate necessities of the City. The following are the criteria for eligible investments: 1. All investments of the City shall have the City of National city as the registered owner and shall be kept in the custody of the City or by a qualified safe keeping institution. 2. Investments shall be diversified among institutions, types of securities and maturates to maximize safety and yield with changing market conditions. 3. Investment of funds in local financial institutions 4. Investments should have a final maturity of 2 years to reduce any interest rate risk of the fund. The "Prudent Rule Investor" shall apply under certain market conditions to go beyond 2 years if the instrument has a callable, transferable, negotiable feature in which maturity would fall within the limits of the California government Code section. 5. No derivatives will be allowed in the fund, including Inverse Floaters, Range Notes, Interest only strips from CMO's or Any security that could result in zero interest accrual if held to maturity. 6. Permissible Investments as allowed in Government Codes 53601, 53635, 53637, 53638, 53652 and 43653 are as follows: CITY OF NATIONAL CITY. CITY COUNCIL POLICY INVESTMENTS POLICY 203 NUMBER ADOPTED: QED OR OCTOBER 23, 1990 REVISED: SEPTEMBER 19.2000 Page 6 of 13 GOVERNMENT OBLIGATIONS consisting of U.S. Treasury and Agency obligations which are issued at the federal level. U.S. Treasury obligations are bills, notes and bonds issued by the Treasury and are direct obligations of the Federal Government. Agency obligations are notes and bonds of Federal Agencies, Government Sponsored Enterprises and International Institutions. Agencies are not the direct obligation of the Treasury but involve federal sponsorship or. guarantees. The maximum maturity shall be 2 years -with a minimum credit requirement. of AAA which all U.S. Treasuries and Agencies are currently rated. The maximum exposure shall be no more than 10% of the portfolio value. BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust company and brokered to investors in the secondary market. The maximum maturity of an issue will be 270 days. Issuers must be at or above the following investment grade from the rating firms of Fitch - Fi, Moody's - P1 (A when applicable), Standard and Poor's - Al (A when applicable), The maximum exposure shall be no more than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/bond of indemnity or some other support agreement. The maximum maturity of an issue shall be 180 days. Issuers must be at or above the following investment grade from one of these rating firms: Fitch - F1, Moody's - P1 (A when applicable), Standard and Poor's - Al (A when applicable) . The maximum exposure shall be no more than 15% of the portfolio value. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 203 ADOPTED: AMENDED OR OCTOBER 2 3 , 1990 REVISED: SEPTEMBER 1 9 , 2 0 0 0 Page 7 of 13 NEGOTIABLE, TRANSFERABLE, OR DIRECT CERTIFICATES OF DEPOSIT are issued by FDIC insured commercial banks and thrift institutions against funds deposited for specified periods of time and earn either a fixed or variable interest rate. The maximum maturity of an issue will generally be no more than 1 year on new investments. Certain exceptions can be made upon the discretion of the Finance Director. The certificate of deposit is issued by a federally insured bank or credit union and must be " well capitalized" as that term referred to in the FDIC Rules and Regulations. Issuers must be at or above the following investment grade from the rating firms Fitch - CD, or AA, Moody's - P1 or Aa, Standard and Poor's - Al or AA. Issue is limited up to $100,000 with a total maximum exposure at 10% of the portfolio value. LOCAL AGENCY INVESTMENT FUND (LAIF) is a pooled investment fund with the state agency. This is a liquid investment that has no maximum maturity and an investment Cap of 30 million for each participant. The Finance Director shall have the authority to adjust the investment portfolio percent distribution and maximum maturities depending on certain market conditions in accordance to the terms of the government codes. Collateralization To secure active or inactive deposits, the amount of securities placed with agent of depository shall at all times be maintained as specified in California Government Code 53652 and pursuant to Sections 53656 and 53658. The Finance Director is authorized to waive collateral for certificates of deposits to the extent of FDIC or FSLIC insurance coverage. CITY OF NATIONAL CITY. CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 2 0 3 r ADOPTED: AMENDED OR OCTOBER 23, 1990 REVISED: SEPTEMBER 19,2000 Page 8 of 13 Marketable securities which are provided under a repurchase agreement shall be held by the City's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are subject to the Finance Director's approval. All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery -versus -payment (DVP) basis. Securities will be held in a third party custodian/safekeeping account. Said securities shall be held in a manner that establishes the City's right of ownership. Diversification The City will diversify its investments by.security type and institution. With the exception U.S. Treasury securities and the Local Agency Investment Fund pool, no investment may be made that would, as of the date a particular investment is being considered, result in having more than 15% of the City's total investmentportfolio being invested in a single security type or with a single financial institution. Maximum Maturities To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five years from the date of purchase without specific approval by the City Council. The maturity of such investments shall be made to coincide as nearly as practicable with expected use of the funds. Internal Control A system of internal control shall be maintained to prevent losses arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 2 0 3 ADOPTED: AMENDED OR OCTOBER 2 3, 19 9 0 REVISED: SEPTEMBER 19 , 2 0 0 0 Page 9 of 13 employees and officers of the City. Controls deemed most important include: control of collusion, separation of duties, clear delegation of authority, written confirmation of transactions initiated by telephone, and documentation of transactions. The matrix of segregation of responsibilities of investment functions shown in Exhibit "A" attached hereto and incorporated herewith shall be implemented and adhered to. Non -Discrimination The City shall not knowingly make any investment in any financial institution and broker/dealers that practices or supports directly or indirectly through its actions discrimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six months Treasury Bills. Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed by law. Any statutory allocations to restricted funds shall be made in proportion to the ratio of restricted fund balances to the total pooled balances. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 20 3 ADOPTED: OCTOBER 23, 1990 AMENDED OR REVISED: SEPTEMBER 19 , 2 0 0 0 Page 10 of 13 Reporting The Finance Director shall render a monthly report to the City Council and City Manager showing the following information: 1. Type of investment. 2. Name of financial institution. 3. Date of deposit.. 4. Date of maturity. 5. Amount of deposit or carrying cost of the security. 6. Current market value for all securities with a maturity of more than 12 months. 7. The rate of interest. 8. A statement relating the report to the investment policy. 9. A statement that the City's .expenditure requirements can be met in the following month. 10. At the end of each fiscal year, a schedule comparing the investment portfolio performance against the established benchmark. A written confirmation of investments shall be issued by the seller or purchaser of the security confirming the transaction. Items included in the confirmation are the name of the security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or selling price, accrued interest if applicable, settlement date and any additional information fully describing the security. Policy Review CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 203 ADOPTED: OCTOBER 2 3 , 19 9 0 AMENDED OR REVISED: SEPTEMBER 19 , 2 0 0 0 Page 11 of 13 This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Amendments to the policy shall be forwarded to the City Manager and the City Council. Review of activities by outside independent auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the treasurer's accounts has been performed. The auditors should confirm all investment holdings. Related Policy References Resolution No. 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-110 Resolution No. 98-136 Resolution No. 99-130 CITY OF NATIONAL CITY CITY COUNCIL POLICY TnLE: INVESTMENTS POLICY NUMBER 203 ADOPTED: AMENDED OR. OCTOBER 2 3, 1990 REVISED: SEPTEMBER 19 , 2000 Page 12of 13 City of National City Investment Functions Segregation of Responsibilities FUNCTION 1.0 Invest policy: 1.1 Preparation and annual review of Investment policy. 1.2 Approval of Investment Policy. 2.0 Investment Transactions: 2.1 Calculation of Cash position. 2.2 Investment recommendation: Determination of amount to be invested, selection 'of type of investment and .term of investment. Finance Director 2.3 Review of Investment recommendation City Treasurer and execution of transaction. Finance Director 3.0 Recording of transactions: 3.1 In Investment subsidiary ledgers. 3.2 In accounting records. 3.3 Match Investment confirmation to subsidiary ledgers. 4.0 Safeguarding of assets and records: 4.1 Reconciliation of subsidiary records to the accounting records. 4.2 Reconciliation of subsidiary records to bank statements and safekeeping records. 4.3 Review of financial Institutions and RESPONSIBILITY Finance Director City Council Finance Director Finance Director Accountant Accountant Accountant Accountant CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 2 0 3 ADOPTED: AMENDED OR OCTOBER 23, 1990 REVISED: SEPTEMBER 19,2000 Page 13 of 13 Investment brokers' reputation and financial condition. Finance Director 4.4 Review of collaterals. City Treasurer 4.5 Control, follow up and calculation of interest earnings Accountant 4.6 Review and calculation of applicable fees, discounts, premiums, commissions and other costs associated with placing investments Accountant 4.7 Maintain a separate file for each investment banker and broker authorized to do business with the City. Accountant 4.8 Distribute and secure acknowledgements of the City's investment policy from authorized banks and brokers Accountant 4.9 Review the audited financial statements submitted by the investment brokers on an annual basis Accountant 4.10 Gather data of comparable investment rates on a daily basis for the Finance Director's review Accountant 4.11 Review the status of investment banks through the Financial Services Information Accountant 5.0 Investment portfolio: 5.1 Preparation of investment report. Sr. Accountant 5.2 Review of portfolio for compliance with stated investment policy. Finance Director 5.3 Approval of Investment report. City Council CITY OF NATIONAL CITY MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 19, 2000 5 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT TO STEVENS CONSTRUCTION FOR THE KIMBALL PARK SCORESHACKS REHABILITATION PROJECT, SPEC. NO. 99-12 PREPARED BY EXPLANATION On August 31, 2000, four bids were received and opened for the Kimball Park Scoreshacks Rehabilitation Project, Spec. No. 99-12. Michael Long DEPARTMENT Engineering The project includes the complete demolition of the structural wood portions of each scoreshack building, including the removal of electrical and mechanical appurtenances, removal of portions of sidewalks adjacent to each building, grading and excavation for foundation and, utility installations, sandblasting all remaining exterior and interior masonry walls, and rehabilitation of each scoreschack per construction plans including steel fabrication and all other associated work. The total cost for the project is estimated to be $169,024.00. This amount includes the construction bid cost of $153,658.00 plus approximately 5% ($7,683.00) for inspection and approximately 5% ($7,683.00) for contingencies. Environmental Review x N/A Financial Statement The total cost for the project is estimated at $169,024.00. Funding is available through Account No. 348-409-500-598- 4102. / . 4 .z.11 out No. STAFF RECOMMENDATION Adopt the Resolution to award the project to Stevens Construction. BOARD / COMMI$SION RECOMMENDATION N/A ATTACHMENTS ( Listed Be 1. Resolution 2 . Bid Opening Sheet Res lution No. 2000-12] ' ....--. A-200 (9/80) RESOLUTION NO. 2000 — 121 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO STEVENS CONSTRUCTION FOR THE KIMBALL PARK SCORESHACKS REHABILITATION PROJECT (Engineering Spec. 99-12) WHEREAS, the Engineering Department of the City of National City did, in open session on August 31, 2000, publicly open, examine and declare all sealed bids for the construction for the Kimball Park Scoreshacks Rehabilitation Project. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for the Kimball Park Scoreshacks Rehabilitation Project to the lowest responsive, responsible bidder, to wit: STEVENS CONSTRUCTION BE IT FURTHER RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized to execute on behalf of the City, a contract between Stevens Construction and the City of National City for the Kimball Park Scoreshacks Rehabilitation Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of September, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SPECIFICATION NUMBER: BID OPENING 99-12 PROJECT TITLE: KIMBALL PARK SCORESHACKS REHABILITATION OPENING DATE: THURSDAY, AUGUST 31, 2000 TIME: 3:00P .M. ESTIMATE: $131,000.00 PROJECT ENGINEER: JAMES SLADE No. Bidder's Name (page 14 or 15) 2. 3. Bid Amount (page 16) Stevens Construction $153,658.00 Famania Construction NAS Construction St. Thomas Enterprise Addenda Bid Security (page 14) (page 18 — check) (page 19 — bond) N/A $181,000.00 N A $183,000.00 I N/A 190,000.00 L NIA 1. Stevens Construction 125 E. 17th Street National City, CA 91950 2. Famania Construction 3241 Olive Street National City, Ca 91950 3. NAS Construction 10951 Sorrento Valley Road San Diego, CA 92121 4. St. Thomas Enterprises 3817 Palm Avenue Bonita, CA 91902 City f Nati al City, Califon*, COUNCIL AGENDA STATEMENT MEETING DATE September 19, 2000 AGENDA ITEM NO. 6 ITEM TITLE RESOLUTION APPROVING CHANGE ORDER NUMBER ONE, ACCEPTING THE WORK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPEC. NO. 99-6 PREPARED BY EXPLANATION Din Daneshfar DEPARTMENT See attached. Environmental Review x N/A Engineering/Public Works Financial Statement The final construction cost is $129,363.06. The funding is available through P.O. No. 61094 (Account Nos.: 109-509-500-598-6138, 301-409-500-598-6134, 301-509-500-598-6133, and 301-509-500-598-6138). Account No. STAFF RECOMMENDATION Adopt the Resolution approving Change Order No. One, accepting the work, and authorizing the filing of a Notice o Co.letion. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Notice of Completion 3. Change Order Number One Resolution No. 2000-122 A-200 (9/80) RESOLUTION NO. 2000 — 122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NO. 1, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS WITHIN THE CITY (Engineering Specs. No. 99-6) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by RON LOCKE CONSTRUCTION, Engineering Department Specification No. 99-6, for the miscellaneous concrete improvements at various locations within the city has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that Change Order No. 1 is hereby approved. PASSED and ADOPTED this 19th day of September, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: f) George H. Eiser, III City Attorney RE: A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER ONE, ACCEPTING THE WORK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPECIFICATION NO. 99-6 On December 7, 1999, by Resolution No. 99-188, the City Council awarded a contract to Ron Locke Construction for the Miscellaneous Concrete Improvements at various locations, Specification No. 99-6. The total contract cost for the project was estimated at $153,659.50. This estimate included $124,272.50 for construction, $10,948.00 for contingencies, and $18,439.00 for inspection, surveying, and material testing services. The contract was awarded based on the estimated bid quantities. During the construction, certain bid quantities had to be adjusted to reflect the actual improvement quantities constructed. The work added to the project included removal and replacement of sidewalk, driveway apron, and curb improvements fronting the properties located at 2631, 2632, 2640 "J" Avenue. The cost for each item was based on its original contract unit price. This adjustment increased the contract amount by $4,635.56. The increased and decreased work items are further detailed in the attached Change Order Number One and Contract Final Balance. Each of the quantities has been paid by the progress payments. The purpose of this change order is to finalize the contract quantities. A final inspection was completed and the work was found to be in accordance with the approved plans and specifications. The total final construction contract amount for the project is $129,363.06. 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 September 19, 2000, of the Miscellaneous ConcreteJmprovenjents, Specification No 99-6 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Various Locations Street Address City State Zip Code The undersigned owns the following interest or estate in said property: NIA 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 RON LOCKE CONSTRUCTION Name of Original Contractor The following work and material were supplied: General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tentants, tenants in common, or other owners Dated: , 2000; Signature of Owner 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 , 2000, at , California. Signature: GEORGE H. WATERS, MAYOR CHANGE ORDER NUMBER ONE AND CONTRACT FINAL BALANCE Page 1 of 3 TO: Mr. Ronald Locke President Ronald Locke Construction 4039 Paula Street La Mesa, California, 91941 DATE: AUGUST 31, 2000 PROJECT: MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPECIFICATION NO. 99-6 DESCRIPTION OF CHANGE: This change order is prepared to reflect the increase/decrease between the original estimated bid quantities and the final quantities constructed. DISCUSSION: The contract was awarded based on the estimated bid quantities. However, -during the construction phase due to the changes in scope of work certain bid quantities had to be adjusted to reflect the actual quantities constructed. The major additional work included removal and replacement of sidewalk, driveway apron, and curb improvements fronting the properties located at 2631, 2632, 2640 3 Avenue. The cost for each item was based on its original contract unit price. This adjustment increased the contract amount by $4,635.56. The increased and decreased work items are listed and described further in the attached Contract Final Balance spreadsheets. Each of the quantities has been paid by the progress payments. The purpose of this change order is to finalize the contract quantities. CONTRACT PRICE ADJUSTMENT: As a -result of this change order the contract is adjusted as follows: 1. The contract price is increased in the total amount of $4,635.56 from the initial contract amount at $124,727.50 to a new contract price of $129,363.06. However, since the payments have been made by progress payments throughout the project, no additional payment is due as a result of this change order. 2. The contract time is unchanged. The contract completion date has previously been established as Wednesday, March 29, 2000. CHANGE ORDER NUMBER ONE AND CONTRACT FINAL BALANCE Page 2 of 3 This change order shall be considered full compensation for furnishing and installing the materials; labor, tools and equipment, profit, overhead, and incidentals for performing the , work as described above. Pacific Southwest Construction and Equipment, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Recommended for Approval by: in Daneshfar, City Project M. `ager Approved by: kiJkA Ronald Locke Owner, Ronald Locke Construction (6 /a- Dat ccs Date Burton S. Myers Date City Engineer/Public Works Director City of National City Resolution Number Date SPECIFICATION NO. : 99-6 PROJECT: Miscellaneous Curb, Gutter,Sidewalk, Pavement and and Pedestrian Ramp Improvements ITEM NO. ITEM DESCRIPTION 1 Clearing and Grubbing 2 Concrete Sidewalk removal and replacement per G-7 3 Installation of Pedestrian Ramps per G-28, Type A-1 or Modified 4 Installation of Pedestrian Ramps per G-29 or Modified 5 Installation of Pedestrian Ramps per G-31 or Modified (with curb or gravity wall on PL 6 6" or *' Type "G" Curb&Gutter Removal & Replacement Per- G-2 7 Variable Thickness A.C. 8 Traffic Control 9 Installallation of New Sidewalk per G-7 10 Crushed Miscellaneous Base 11 Unclassified Excavation and Fill 12 Installation of Concrete Driveway per G14A/B 13 Installation of Concrete Alley per G-21 14 Waterproofing 15 Installation of Curb Outlet D-25 Total UNIT Contract Final Balance LS $ SF $ • EA $ EA $ EA $ LF $ TN $ LS $ SF $ TN $ TN $ SF $ SF $ LF $ EA $ UNIT PRICE 16,276.00 5.25 Page 3 of 3 DATE: PROJECT NO.: FINAL INSPECTION DATE: COMPLETION DATE: ORIGINAL CONTRACT QUA'TY I AM'T $ 1 $ 3710 $ 8/30/00 6133, 6138 6/22/00 9/12/00 TOTAL TO DATE FINAL QUA'TY I AM'T $ 16,275.00 106.88% $ 17,395.00 19,477.50 4498.25 $ 23,615.81 600.00 45 $ 27,000.00 46 600.00 7 $ 4,200.00 9 .: 500.00 19 $ 9,500.00 18 15.00 52.00 2,000.00 4.00 15.00 25.00 5.00 7.75 20.00 500.00 $ $ 1550 $ 23,250.00 1395.25 $ 35 $ 15 $ 710 $ 4,160.00 31.923 $ 2,000.00 100.00% $ 6,040.00 1367 $ 525.00 375.00 3,550.00 35 0 1420.2 900 $ 6,975.00 938 45 $ 1 $ 27,600.00 5,400.00' 9,000.00 20,928.75 1,660.00 2,000.00 5,468.00 $ 525.00 $ 7,101.00 $ 7,269.50 900.00 45 $ 500.00 1 $ 900.00 500.00 $ 124,727.50 $ 129,363.06 City of National City, C-;. lifownia COUNCIL AGENDA STATEMENT MEETING DATE 09/19/00 (ITEM TITLE WARRANT REGISTER #11 PREPARED BY EXPLANATION AGENDA ITEM NO® 7 ROBERTLA. RABAGO DEPARTMENT FINANCE Ratification of Warrant Register #11 per Government Section Code 37208. Environmental Review N/A Financial Statement STAFF RECOMMENDATION Approved By7)7 Finance Direct I recommend ratification of these warrants for a total of 909,871.69 BOARD / COMMISSION RE OMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #11 2. Payroll dated 09/13/00 3. Workers' Comp Warrant Register dated 09/06/00 A-200 (9 99) City of Nation sCity, Calif rnica COUNCIL AGENDA STATEMENT MEETING DATE September 19, 2000 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION AUTHORIZING THE PAYMENTANDOF FUNDS OPERATINGOATHE NATIONALNAL CITYITY COMMUNITY CHAMBER OF COMMERCE FOR THE PURPOSE OF FORMING CONCERT BAND. PREPARED BY JIM RUIZ EXPLANATION. See attached report. DEPARTMENT PARKS & RECREATION Environmental Review N / A Financial Statement Funds in the amount of $15,000 available in Cultural Arts Fund. TAFF RECOMMENDATION Approve Resolution. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution Proposal : Account No. 113-441-000-924-000 Resolution No. 2000-123 A-200 (Rev. 9f80) RESOLUTION NO. 2000 —123 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE PAYMENT OF CULTURAL ART FUNDS TO THE NATIONAL CITY CHAMBER OF COMMERCE FOR THE PURPOSE OF FORMING AND OPERATING A NATIONAL CITY CONCERT BAND WHEREAS, at the City Council meeting on August 1, 2000, Ed Reed requested funds from the City in the amount of $15,000 to assist in the formation of a community concert band; and WHEREAS, it has been proposed that funds from the City's Cultural Arts Fund be appropriated and given to the Chamber of Commerce, which would administer the funds as set forth in the proposal attached hereto as Exhibit "A"; and WHEREAS, the financing of the National City Community Concert Band is to be a joint partnership between the City, the National City Adult School and the citizens and merchants of the City. NOW, THEREFORE, BE IT rRESOLVED that the City Council of the City of National City hereby authorizes the payment of $15,000 from the Cultural Arts Fund to the National City Chamber of Commerce for the purpose of forming and operating a National City Concert Band, subject to the Chamber's acceptance of the terms and conditions set forth in the proposal attached hereto as Exhibit "A". PASSED and ADOPTED this 19day of September, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: r) George H. Eiser, III City Attorney City of National City Parks & Recreation : epartment 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 DATE: September 12, 2000 TO: Mayor and City Council FROM: Jim Ruiz, Parks and Recreation Director / SUBJECT: National City Community Concert Ban At the City Council meeting of August 1, 2000, the Council heard a request from Ed Reed concerning the formation of a community band and his request for funds in the amount of $15,000. First year cost will be $15,000; the second year cost is projected to be $10,000. City staff met with Ed Reed, Lynn Robinson of the National City Adult School, . and Edith Hughes of the Chamber of Commerce to review the request. The outcome of the meeting was that staff recommends: 1. That the requested city funds in the amount of $15,000 be appropriated and given to the Chamber of Commerce. The Chamber would then administer the funds as submitted in Mr. Reed's proposal. 2. City staff felt that the band falls in line with City Promotions that are provided by the Chamber of Commerce. Edith Hughes is in agreement and willing to do everything she can to help promote the band including trying to get participation from the business community. 3. Mr. Reed is also in agreement with this recommendation. He is planning on developing a Friends of National City Concert Band that will be the core of a volunteer group to help with band activities. As the City Council will remember, the Cultural Arts Fund from which these funds will be appropriated, was created exactly for this purpose during budget hearings. Recycled Paper 711 A Avenue National City, CA 91950-2228 Business: 619 477-9339 Fax: 619 477-5018 E-mail: nccc@cvhsa.com Web site: www.nationalcitychamber.org September 14, 2000 Honorable Mayor and City Council City of National City 1243 National City Boulevard National City, CA 91950 Dear Mayor and Council: The National City Chamber of Commerce is wholeheartedly supporting the new National City Community Concert Band. Our Board of Directors this week unanimously approved the Chamber's involvement in promoting the new band and in working with the band, particularly in promotions and publicity for their activities and future concerts. We feel the new band will be an asset to National City and the National City Chamber of Commerce will be happy to oversee the City's financial grants through our City Promotions Account. The Chamber agrees to use the City's grant of $15,000 in accordance with the document entitled "A Proposal for the Formation of the National City Community Concert Band", presented by C. Edward Reed, and dated July 6, 2000. Sincerely, Edith A. Hughes Chief Executive Director "Building for the New Millennium" A PROPOSAL FOR THE FORMATION OF THE "NATIONAL CITY COMMUNITY CONCERT BAND" A JOINT PARTNERSHIP BETWEEN THE CITY OF NATIONAL CITY THE NATIONAL CITY ADULT SCHOOL and the CITIZENS AND MERCHANTS OF NATIONAL CI TY submitted to The City of National City Mayor George H. Waters Vice Mayor Fred Soto Councilmember Mitch Beauchamp Councilmember Ralph Inaatnza Councilmember Ron Morrison The National City Adult School Principal Lynne Robinson The National City Chamber of Commerce Executive Director Edith Hughes Presented bk C. Edward Reed July 6, 2000 cU7-62ca/� 9/O-292'S ?t2 u Exhibit "A" Page 1 MISSION STATEMENT FOR THE NATIONAL CITY COMMUNITY CONCERT BAND The mission of the National City Community Concert Band is to: • provide an opportunity for experienced musicians from National City to pursue their love of playing concert band literature. contribute to the cultural enrichment of the citizens of National City by presenting free public performances for their enjoyment. • present a model of "Lifelong learning and Enrichment" which will both benefit and inspire the performers and listeners. • mentor younger musicians in the community and encourage them to continue the pleasure of playing and performing past their school years. contribute, through its transgenerational membership. to better understanding, communication and appreciation between the generations represented. Exhibit "A" Page 2 NCCCB MEMBERSIijp The membership of the NCCCB is to come from National City residents those who are attending, or who have attended '' va the past, schools in National City, and those who are working in National City. Other musicians may be invited from time to time to occupy vacant chairs at the discretion of the director, but the large majority of the musicians are to come from those who have strong ties to National City. CONCERTS It is anticipated that the NCCCB will present four free public concerts for the enjoyment of the citizens of National City each year. There are several possible sites which have been suggested as suitable: . Kimball Bowl Granger Hall NC Community Building National City Churches Sweetwater H S Fine Arts Theater Sweetwater H S Gymnatorium Exhibit "A" Page 3 NATIONAL CITY ADULT SCHOOL The National City Adult School will provide strong support for the National City Community Concert Band. This support will include, but not be limited to, the following: • A rehearsal hall with chairs and music stands for the use of the Band. • A legal sized file cabinet suitable for music storage. • Percussion equipment including a concert snare drum, concert bass drum, cymbals, timpani, chimes and appropriate trap instruments as requested by the director. • An allocation for repair to match that of the City for instrument repair for school instruments used by the Band members. • Use of a large Instrumental Sheet Music Library • Duplication services as needed by the Director. • Adult School compensation for the "Teacher of Record." • Bus transportation of Band and Equipment, as appropriate for concert performances. (Monday through Saturday) • Additional instruments, at the Director's request, as inventory and budget allows. • A budget for the purchase of new music, as requested by the Director.. Exhibit "A" Page 4 THE CITIZENS AND MERCHANTS OF NATIONAL CITY It is anticipated that many in the Business Community and the Community at large will take an active interest in support of the Nation Community Concert Band P City • Community resources would contribute monetary gifts and gifts in kind. • It is anticipated that some merchants would donate money for special projects, sponsoring concerts, and assisting with advertising. Some individual citizens may contribute monetary the enlargingthe inventoryof music gifts to assist in and instruments. • Many will contribute by volunteering their time in setting up for rehearsals and concerts. • Others will assist by ushering at Community concert events and all kinds of behind the scenes involvement. • The Band Librarian and assistants will volunteer countless hours in preparing music for distribution in rehearsals and collecting and resorting for storage. (In many musical organizations this is a paid position.) Exhibit "A" Page 5 ESTIMATED EXPENSES TO ESTABLISH THE NATIONAL CITY COMMUNITY CONCERT BAND Item Concern cost est. N C Adult City of N C Comm. 1 Rehearsal Hall provided x 2 Stands provided x 3 Chairs provided x 4 Legal File Cabinet for Music $100.00 $100.00 5 Percussion Equipment provided x 6 , Percussion Mallets $300.00 $300.00 7 Repair Budget $2,000.00 $1,000.00 $1,C$00.00 _ 8 Duplication $1,000.00 $1,000.00 9 Music Folders $100.00 $100.00 10 March Books $250.00 $250.00 11 Chorale Books $250.00 $250.00 12 Bus Trans for Band out of City ??? x 13 Director Salary $5,000.00 $5,000.00 14 Asst. Director Salary $5,000.00 $5,000.00 15 Equip. trans_ For Concerts tbd x - x 16 Rehearsal Hall set up/tear down donated x 17 , Ushers donated x si 18 Advertising ??? x 1.9 Postage ' ??? x 20 Concert Program Printing ??? 21 $ for extra musicians (concerts) $2,000.00 $2,000.00 22 Custodial Services provided x 23 Sheet Music Library provided . x 24 New Sheet Music , $1,000.00 $400.00 $600.00 25 2 Alto Clarinets provided x 26 2 Bass Clarinets provided x 27 1 Contra Alto Clarinet provided x 28 1 Bassoon $2,000.00 $2,000.00 - 29 1 Oboe $1,000.00 $1,000.00 30 - 1 Baritone Saxophone provided 31 1 Double French Horn $1,250.00 $1,250.00 32 2 Baritones $1,600.00 $1,600.00 33 2 New Tubas $6,104.00 $3,052.00 $3,052.00 34 4th Tympani $2,000.00 $2,000.00 35 Grover snare set up $100.00 ) $100.00 36 , percussion tuning & adjust donated x - 37 portable stage/outside concerts ??? x 38 Librarian donated x 39 Library Assistants donated x 40 other expenditures $3,348.00 $3,348.00 x TOTAL $34,402.00 $19,052.00 $15,000.00 $350.00 Prepared by Ed Reed 7/6/00 Exhibit" Page 6 City of National City, California COUNCIL AGENDA STATE ENT MEETING DATE September 19, 2000 'ITEM TITLE AGENDA ITEM NO. HOLD HARMLESS AGREEMENT FOR CAMP PEMDLETON TRAINING FACILITY PREPARED BY W. C. STRASEN DEPARTMENT POLICE DEPARTMENT , SERGEANT --�" EXPLANATION The Police Department's SWAT / Primary Response Team is seeking the approval of the City Council for the use of the US Navy Special Warfare Training Facility, located on Marine Corps Base Camp Pendleton. As part of this request process, the City of National City must provide a hold harmless agreement, along with a formal letter requesting the use of the facility, to the commander of U.S. Naval Special Warfare Group One. This facility is one of the latest state-of-the-art urban tactical training facilities in the United States. The Primary Response Team's use, of this facility will better prepare the team to conduct its primary mission; which includes serving high -risk warrants, conducting hostage and downed -officer rescues, and dealing with armed barricaded suspects. Allowing Primary Response Team members to use this facility will help them maintain their high level of readiness, which will ensure that their ability to save lives will never fall into question. Additionally, providing Primary Response Team members with the highest quality of training, directly translates into decreased civil liability to the City of National City. Environmental Review N/A Financial Statement No financial impact. STAFF RECOMMENDATION Approve Hold Harmless Agreement. BOARD I COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below ) 1. City of National City Hold Harmless Agreement 2. City of National City Request for Utilization Letter Asinssasksssseamaxamsw Account No. Resolution No. A-200 (9/80) ' ffice of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor September 19, 2000 Commander Special Warfare Group One 3632 Guadalcanal Road San Diego, California 92155 Attention: Base Commander RE: National City Police Department's SWAT/Primary Response Team (SWAT/PRT) Training Activities at Marine Corps Base Camp Pendleton, California, During the Period of September 2000 Through September 2001 This is to certify that the City of National City is lawfully self -insured under Section 900 et seq. of the California Governmental Code, and as such, self -administers, defends, settles and pays third party claims for bodily injury, personal injury, death and/or property damage. Protection under this program is warranted to meet or exceed $1 million, combined single limit, per occurrence. Additionally, the City is permissively self -insured for Worker's Compensation under California law. The City of National City agrees to indemnify and hold harmless the United States Marine Corps, Marine Corps Base Camp Pendleton and their officers, agents and employees from loss or liability arising from the actively negligent acts or omissions of the City of National City, its officers, agents, employees and invitees during the City's use of your property. This agreement, however, is conditioned upon the indemnified parties giving the City reasonable notice of any such claim and the opportunity to provide or participate in any defense thereof. It further excludes claims arising from the active negligence or misconduct of the U.S. Marine Corps, Marine Corps Base Camp Pendleton, and their officers, agents and employees. If you need any further information regarding this risk retention program, please contact the Risk Manager at (619) 336-4240. Sincerely, George H. Waters, Mayor City of National City Recycled Paper ity of ational ity olice Department 1200 National City Blvd, National City, CA 91950 Phone: (619) 336-4400 September 12, 2000 Commander Special Warfare Group One 3632 Guadalcanal Road San Diego, California 92155 SUBJECT: Request for Utilization of Range R-116 (A-B-C-D) and R-117 Marine Corps Base Camp Pendleton, California Attention: Base Commander The National City Police Department's SWAT / Primary Response Team requests permission for quarterly utilization (10 hours each quarter / 40 hours annually) of Ranges R-116 (A-B-C-D) and R-117, location 643888, Marine Corps Base Pendleton, California, on a non-interference basis. This utilization will be at no cost to the government. This utilization is requested for the purpose of supplemental training and qualification of the National City Police Department SWAT / Primary Response Team. The National City Police Department SWAT / Primary Response Team consists of 1 lieutenant, 1 sergeant, 12 officers and 4 reserve police officers. Types of training and qualifications: Sniper Rifle Assault Rifle Shotgun Pistol H&K MP-5 *Malfunction Drills *Transition Drills * Speed Drills * Shooting on the move Basic Qualification Basic Qualification Basic Qualification Basic Qualification Basic Qualification *Team Movement *Room Clearing *Breaching Techniques *Entry Movements (CQC) Recycled Paper Request for Utilization Page 2 Types of Weapons to be used: .308 and .223 scope mounted rifles, factory ammunition only (ball) .223 semi -auto assault rifles (AR-15 / AR-16), factory ammunition only (ball) 12 gauge shotguns (pump / semi -auto), factory ammunition only (00 buck / rifled slug / birdshot) .45 cal / 9mm semi -auto pistols, reload ammunition (ball) 9mm H&K MP-5, reload ammunition (ball) All applicable sections of Range and Training Regulations Manual B 0 p3500 / H, dated 18 October 1994, will be strictly adhered to, including the requirements for a qualified Range Safety Officer and Medic (EMT). The National City Police Department will accept all liability in the event of any injury or damage to personnel, equipment, or the facility, caused by negligence of the Department's employees (see attached Hold Haitiiless agreement). Thank you for all your consideration and be assured we respect the rules, regulations and traditions of the Marine Corps. Points of contact: Sincerely, A. L. DiCerchio Chief of Police Sergeant William Strasen SWAT / PRT Team Leader (619) 336-4411 and / or William C. Strasen, Sergeant Operations Division — SWAT / Primary Response Team Detective Levi Hart Training Coordinator FAX: (619) 336-4454 City of Nation l City, C::lift COUNCIL AGENDA STATEME IT MEETING DATE September 19, 2000 AGENDA ITEM NO. 10 ITEM FEFrkicATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR FISCAL YEAR ENDING 1998-1999 Marylou Matienzo Finance PREPARED BY Director of Finance DEPARTMENT EXPLANATION The Certificate of Achievement for Excellence in Financial Reporting has been awarded again to the City of National City for fiscal year ending 1998-99 by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive " spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. Inorder to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized comprehensive annual financial report. The report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current comprehensive annual financial report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. The GFOA is a nonprofit professional association serving 12,625 government finance professionals with offices in Chicago, Illinois and Washington, D.C. Environmental Review N/A Financial Statement Not applicable. Approved By:) Finance Director Account No. STAFF RECOMMENDATION Staff recommends to receive and file BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) A copy of the Certificate of Award A-200 9:99) Resolution No. Certificate of Achievement for Excellence in Financial Reporting Presented to City of National City, California For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1999 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. President ./4"4e€ Executive Director City f Natio l City, Calit =ru-ia COUNCIL AGENDA STATEMENT ING September 19, 2000 MEETDATE ITEM CERTIFICATE OF AWARD FOR OUTSTANDING FINANCIAL REPORTING FOR FISCAL YEAR ENDING 1998-99 AGENDA ITEM NO. 11 PREPARED BY Marylou Matienzo DEPARTMENT Director of Finance Finance EXPLANATION The City of National City is again the recipient of the Certificate of Award for " Outstanding Financial Reporting 1998-99" from the California Society of Municipal Finance Officers. This recognition is given to certain cities out of the 457 members based on the quality and accuracy of the financial report in conformance with the professional standards established by the Government Accountancy Board, Government Finance Officers Association and the California Society of Municipal Finance Officers Committee. The city's financial statements presents the financial position of National City in all material aspects which is the result of its operations as it conforms with generally accepted accounting principles. This is an award that we should all be"proud of receiving because it is a reflection of sound financial management of the city. We aim to continue bringing this honor to the city. Environmental Review N/A Financial Statement Not applicable. STAFF RECOMMENDATION Staff recommends to receive and file. BOARD / COMMISSION RECOMMENDATION Approved By: Finance Direct Account No® ATTACHMENTS (Listed Below) Resolution No® A copy of the Certificate of Award A-200 (9r99) California Society of cJ�l,unicipal � f finance Officers Certificate of Award Outstanding Financial Reporting 1998-99 Presented to the City ofNational City This certificate is issued in recognition of meeting professional standards and criteria in reporting which reflect a high level of quality in the annual financial statements and in the underlying accounting system from which the reports were prepared February 28, 2000 Cha , Professional & Techinical Standards Committee Dedicated to Excellence in Municipal Financial Management City of tical City, California COUNCIL AGENDA STATEMENT MEETING DATE ITEM TITLE Use of the Community Building by the Star Program of California School of Professional Psychology on a Daily Basis September 19, 2000 AGENDA ITEM NO. 12 PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION The Star Program of California School of Professional Psychology is requesting use of the South Room of the Community Builiding and the Kitchen on a daily basis beginning with either two or three days a week and eventually expanding to five days a week. This is a social skills training program for autistic children to be run from 3:00 p.m. to 6:30 p.m.. They hope to begin in November and continue until August 2001. This request is against the policy adopted by the City Council for the use of the facility. The policy states education groups must be sponsored by a school located in National City. This group is located in San Diego. The proposed usage will also involve occupying a portion of the Community Building on a daily basis. If the City Council approves the request for the use of this facility, staff is requesting direction on whether fees should be charged, and whether insurance should be required. Environmental Review A N/A Financial Statement No costs have been calculated a is time. 41111 Iv STAFF RECOMMENDATI© Mq 1 Request direction from Coun iI o a decision for use of the Building on a daily basis, and if used, what fees will be charged and the insurance requirements. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Application for use of the Community Building 2. Star Program letter dated August 28, 2000 Account No. Resolution Now A-200 (9/80) APPLICATION FOR USE OF THE NATIONAL CITY COMMUNITY BUILDING TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the Item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." c1)119L P ag/ Likid /3-Vissior;d1 Pira-idocfp of Or aiv►z on da .� `$usiness Ad ess �`1-z�✓2 efe Name of Applicant be'''. 2.th A Address jat46/ rof/ite Li as Q .c4oitAe Telephone Number (&b2 9,2 —4 7/i(day) (Zed) ' evening) r .1 ./ / cith /2 j7rr,vxfi,�'' ei [Gl" 4, Type of Function J G/Gc.. c1r gakee sted iat-612,qd!irsillbde,y , h2 Decorating. Time , ° (am/pm) to `. (am/pm) :Function Time , ' (wpm), to (pm) Use of Kitchen Facility ✓" yes , •, no , , , � P Use Time •i ' . (am/pm) to (wpm) Clean-up F,r -(�pm) to £ :' (am/pm) Number`of Participants 12..s Will Admission be charged? 4410 If yes, Amount $ be used as a fund raisingevent? J Will this event Will alcohol be served? AL 0 ABC Permit Submitted? No Certificate of Insurance attached? k 1 f / le) c bron f configuration Special of tables or chairs required? n (If yes, attach sketch) p Special equipment required? Aimpf yes, attached list) Copy of Rules & Regulations provided? V4 Initial I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS. PROVISIONS. . Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such, interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City s facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. 69-02 3 Si_s at e of Applicant Date CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined= single limit insurance -for bodily injury and property damage ,which includes the City, its officials„ agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. frici e:), / i(?ezi teddie;p2di 4- i V 9, jedeae. i P son is charge of activ:' dr ,e.,,,,z-ek e,,,,/,,,,e-L.,..r,,, ,tose Addres4/72,..01A-av Telephone iIN- � ��-- Organization c.,fie4s. a do ci; z64-e" City facilities and/or property requested tiderifieli,, de"#740.04 Date(s) of use ,,r e - /2m/in e 44;;://4,44,/ lif HOLD HARMLESS AGREEMENT The. undersigned hereby agree(s) , to„hold the City of National City harmless and indemnify the City of National City' from and against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permittee's agents, employees or contractors. //ilk 4//e//ii , AV !0/24 e ,E Signature of Applicant Offici Title Certificate of Insurance Approved by Name & Title - Rev. 1 /24 /00 Date S TRAINING R O E C I I N A F L O E TA ; 4 M I i E 0 N N PROGRAM T CALIFORNIA SCHOOL OF PROFESSIONAL PSYCHOLOGY TAR ' ROGRAM Attention: Burt. Myers City of National City Public Works Department 2100 Hoover Avenue National City, California 91950.6599 August 28, 2000 Dear Burt, I am writing regarding my request to use a room in the Community Centerfor delivery of the STAR Program, a social skills training program for autistic children (See enclosed application). This program is delivered during after -school hours from 3:00-6:30 p.m. The program would be eventually offered five days per week but would start-up either two or three days per week and would be targeted to begin by January, 2000. I know that the frequency of room use that 1 am requesting is contrary to the way that this building is typically used, I would be willing to attend a city council meeting to present this request if you could let me know when the next meeting will be held. You will notice that our Certificate of Insurance is not enclosed. The STAR Program is covered by insurance purchased by the California School of Professional Psychology. 1 have requested an updated copy of this certificate and will forward this to you as soon as I have a copy. Thank you for your attention to application. If you should need further information please feel free to contact me at (858) 292-6788. Sincerely, d,04.4 Linda Collins, Ph.D. STAR Program Director IDR/CSPP - STAR Program • 3002 Armstrong Street e San Diego ® CA ® 92111-5798 (858) 292-6788 ext. 204 • fax (858) 278-4806 amities of children who might benefit from the STAR Program or who would be interested in participating as a volunteer play partner can call Dr. Linda Collins, Program Director at (858) 292-6788 ext. 204 or voice mail pager 526-0087 for further information or application materials. ir-fr lr Al' Irk 44444444 titep he STAR Program (Socialization Training & Reinforcement) is a social skills training program for children diagnosed with pervasive developmental disorders such as Autism and Asperger's Disorder. This program is .conducted during after -school hours and provides group socialization activities for children between the ages of 5-12 years together with non - handicapped peers. August 4, 1999 he STAR Program is a research and clinical project is administered by the California School of Professional Psychology and delivered at four school sites across San Diego County. The sites are in Poway, Santee, Oceanside and Kearny Mesa. The program is delivered during after school hours from 3:30 p.m. to 6:30 p.m. in small groups 2-3 days per week. There is one staff assigned to every two children to offer intensive help with communication and social development. Funding support is available for Regional Center clients. hildren in this unique socialization training program are prompted to greet and converse with their peers, engage in interactive games such as team sports and board games and participate in cooking and art activities with peers. Non - handicapped play partners are recruited with the help of the parents of children in the program and often consist of siblings, cousins, or neighborhood friends. ften children with autism and other pervasive developmental disorders have trouble generalizing skills learned in one setting to other settings. To assist children with this problem social outings occur twice a month to recreational sites in the community. In addition, parents attend a training support group to assist with managing difficult behaviors at home and to support the development of prosocial skills outside the playgroup. The overall goal of the STAR Program is to help children develop the social skills to function in a community -based recreational setting with typical peers. The STAR program can be funded two or three afternoons per week in six month intervals. Many children continue in the program for up to one year with the goal of transitioning to a more community based program with their non - handicapped peers following their STAR experience. City of atio l City, Calif rni COUNCIL AGENDA STATEMENT MEETING DATE September 19, 2000 AGENDA ITEM NO. ITEM Use of the Community Building by The National School District and Waiver of Fees PREPARED BY S. Kirkpatrick DEPA T ENT Public Works 13 EXPLANATION By the attached letter, the National School District is requesting use of the entire Community Building on Friday October 6, 2000 from 7:30 a.m. to 4:30 p.m. for staff development. Approximately 250 staff members are expected to attend. Waiver of fees is -requested. Cost: Building $562.88 Custodial 156.38 Total $719.26 Environmental Review X N/A Financial Statement Loss of $719.26 if waiver of fees is approved. STAFF RECOMMENDATION Council decision on use and waiver of fees. BOARD ! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Application for use of the Community Building, 2. National School District letter dated August 3Q, 2000 Account No. Resolution No® A-200 (9/80) Aug-30-00 0915A APPLICATION FOR USE OF TILE NATIONAL CITY COMMUNITY BUILDING P 02 To ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the Item is going to be discussed in order to answer any questions posed by the; City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization Business Address Name of Applicant Address NATIONAL SCHOOL DISTRICT 1500 N Avenue .41.10..11 Cynthia A. Mesaros same as above Telephone Number ( 619 )336-7721 (day) ) Type of Function Employee Staff Development Date Requested Decorating Time (am/pm) to (am/pm) Function Time (am/pm) to (am/pm) Use of Kitchen Facility yes xx no Use Time (am/pm) to (am/pm) Clean-up (am/pm) to (am/pm) Number of Participants A SD Will Admission be charged? no If yes, Amount $ -s DID Will this event be used as a fund raising event? Will alcohol be served? no ABC Permit. Submitted? Certificate of Insurance attached? on file Special configuration of tables or chairs required? xx (If yes, attach sketch) Special equipment required? XX (if yes, attached list) Microphone and podium Copy of Rules & Regulations provided? l'Pc Initial 1 CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO AI-L OE? ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility, October 6, 2000 (evening) 8/30/00 Signat Applicant Date Aug-30-00 0916A P-03 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMIFECATION AGREEMENT Persons requesting use of City property, facilities or personn' el are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization NATIONAL SCHOOL DISTRICT Person is charge of activity CYNTHIA A. MESAROS Address 1500 N Avenue, National City Telephone 336-7721 City facilities and/or property requested Community Building Date(s) of use October 6, 2000 11OLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City harmless and indemnify the City of National City from and against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of Or related to the use of public property by permittee's agents, employees or contractors. Signatur of Applicant Assistant Superintendent-Businezy P .Se) Official Title Date Certificate of Insurance Approved by Name & Title Rev. I/21/00 2 CM' ny IVTIONAL CITY R7CEIVE Date..: NATIONAL SCHOOL DISTRICT 1500 N AVENUE • NATIONAL CITY, CA 91950 • (619) 336-7500 FAX (619) 336-7505 August 30, 2000 Mr. Burt Myers Acting Public Works Director 2100 Hoover Avenue National City, CA 91950 Cites ibr ''ate +-t • Dear Mr. Mr. Myers: I am submitting this letter to request the City of National City waive the fee for the use of the National City Community Building on October 6, 2000 from 7:30 a.m. to 4:30 p.m. The National School District will use the building for staff development of our employees. If you have any questions, please feel free to call my assistant, Maria Dalla, or me at 336- 7721. Thank you very much for assisting in this matter. We look forward to hearing from you regarding the approval of the City Council's waiver for our request. Sincerely, aek Cynthia A. Mesaros Assistant Superintendent —Human Resources CAM:md BOARD MEMBERS: ROSALIE "ROSIE" ALVARADO; ANNE L. CAMPBELL; CECILIA GARCIA-KIRK; ALMA GRAHAM; FRANK PEREZ DISTRICT SUPERINTENDENT: GEORGE J. CAMERON, Ed.D. ASSISTANT SUPERINTENDENT —EDUCATIONAL SERVICES: ELLEN C. CURTIN, Ed.D. ASSISTANT SUPERINTENDENT —BUSINESS SERVICES: MICHAEL J. CASTANOS ASSISTANT SUPERINTENDENT —HUMAN RESOURCES: CYNTHIA A. MESAROS