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HomeMy WebLinkAbout2008 01-22 CC CDC ADJ AGENDA PKTAgenda Of An Adjourned Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — January 22, 2008 — 6:00 P.M. Open 'l'o 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 and Community Development Commission (CDC) 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/Executive Director any matter that you desire the City Council or Community Development Commission Board 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 Mayor Ron Morrison Public Oral Communications (Three -Minute Timc Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action oust be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. 1 tpon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commiccian Meetings. .4udio headphones are available in tite lobby at the beginning of the meetings. Audio interpretacion en espariol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings ----------------------------------------------------------------------------- OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.cl.nationalcity.ca CITY COUNCILJCOMMUNITY DEVELOPMENT COMMISSION AGENDA 1/22/08- Page 2 Employee Recognition 1. Recognizing John H. Gish, Senior Park Caretaker for his 20 years of service. CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or non controversial 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. Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meetings of October 30, 2007 and January 8, 2008. (City Clerk) 3. Resolution of the City Council of the City of National City accepting, approving and authorizing recordation of a fire and emergency vehicle access easement off of 4th Street through the Medical Properties Trust (MPT) land to serve the existing homes. (Engineering) 4. Resolution of the City Council of the City of National City approving a Negative Declaration and authorizing the filing of a Notice of Determination for a three-story office building including retail space and structured parking on an approximately 1-acre vacant lot on the north side of East 8th Street, west of V Avenue. (Applicant: Kamel Zayet) (Case File 2007-08 PD) (Planning) 5. Resolution of the City Council of the City of National City authorizing the creation of a $2,500 Signing and Retention Incentive Program for the Police Dispatch classification. (Human Resources) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 1/22/08- Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City to approve the salary bands for four new classifications: Confidential Assistant ($3,176- $3,860, monthly), Police Investigative Aide ($3,252-$3,952.81, monthly), Street Maintenance & Wastewater Superintendent ($3,049-$6.559, monthly) and Wastewater Crew Chief ($2,770-$3,705, monthly). (Human Resources) 7. Resolution of the City Council of the City of National City approving payment of a one-time performance and retention incentive to the City Manager. (City Attorney) 8. Resolution of the City Council of the City of National City authorizing the City Manager the authority to approve and sign an Agreement with the County of San Diego and San Diego County Sheriff's Department to combat human trafficking. (Police) 9. Warrant Register #25 for the period of 12/12/07 through 12/18/07 in the amount of $1,488,086.62. (Finance) 10. Warrant Register #26 for the period of 12/19/07 through 12/25/07 in the amount of $245,448.30. (Finance) PUBLIC HEARINGS 11. Public Hearing — Appeal of a Planning Commission's denial of a Conditional Use Permit for a wireless communications facility at 1548 Highland Avenue. (Applicant: Sprint/Nextel — Anne Wulftange) (Case File No. 2007-20 CUP) (APN 560-131-19) (Planning) 12. Public Hearing for FY 2007/08 State Supplemental Law Enforcement Services Fund for $117,519 to be used to purchase an underground antenna, tasers, license plate readers, and a perimeter fence for the rear parking lot of the National City Police Department. (Police) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 1122/08- Page 4 NON CONSENT RESOLUTION 13. Resolution of the City Council of the City of National City authorizing the appropriation of FY 2007/08 State Supplemental Law Enforcement Services Fund worth $117,519 to purchase an underground antenna, tasers, license plate readers and a perimeter fence for the rear parking lot of the National City Police Department. (Police) 14. Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign an encroachment agreement with Pacifica Harbor View Two, LLC for the installation of a pedestrian bridge between 701 and 801 National City Boulevard over and across E. 8th Street. (Engineering) NEW BUSINESS 15. Presentation of the remodeling and renovation of Parks and Recreation Facilities Project with the budgeted amount of $1.2 million providing a status update and requesting feedback from the City Council of National City in order to move forward with the project. (Engineering) 16. Request to use the Martin Luther King, Jr. Community Center by the National School District for their Language Arts Workshop on Wednesday, January 30, 2008. (Community Services) 17. Request for proposal (RFP) to redesign the City of National City's web site (www.ci.national-city.ca.us). (MIS) 18. Temporary Use Permit — Circus Vargas sponsored by Tabares Entertainment from February 7-11, 2008 at the Plaza Bonita Mall. (Building & Safety) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 19. Warrant Register for the period of 12/14/07 through 01/03/08 in the amount of $789,608.32. (Community Development Commission/Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 1/22/08- Page 5 CONSENT CALENDAR (Cont.) 20. Resolution of the Community Development Commission of the City of National City approving an Agreement with Christensen Schwerdtteger & Spath LLP (CSS) for as needed legal services and authorizing the Chairman to execute said Agreement with a not to exceed amount of $75,000. (Redevelopment Division) NON CONSENT RESOLUTION 21. Resolution of the Community Development Commission of the City of National City approving staffs recommendation for the Student Community Development Project with a not to exceed budget of $50,000. (Economic Development Division) STAFF REPORTS 22. Verbal Update on Plaza Bonita Road Bikeway Project. (Engineering) 23. Update on City of National City Building Department's plan of action for non - permitted flower vendors within City limits. (Building & Safety) 24. Staff Report to Council regarding a new art exhibit highlighting Women's History Month by artists Yolanda Lopez and Maura Harvey in the National City Public Library from February 5th to March 31, 2008. (Community Services) MAYOR AND CITY COUNCIL 25. Discussion regarding forming a citywide Health Committee. (Council initiated) ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — February 5, 2008 - 6:00 p.m. — Council Chamber - National City. TAi'I. RECORDINGS OF Cu y COUNCIL/CONIMLTNLTY DEVELOPMENT COMMISSION MF.F.TINGS ARE AVAIL ABLE FOR SALE IN TILE CITY CLERK'S OFFICE P rCol #1 City of National City Human Resources Department 140 East 12'^ Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM DATE January 7, 2008 TO FROM SUBJECT ANNIVERSARY RECOGNITION 1/22/08 Lavonne Watts, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Administrative Secretary (Mayor/Council Office) Lilia Munoz. Executive Assistant II The following City employee has completed his twenty years of service from the City of National City on December 22, 2007: NAME : John H. Gish POSITION : Senior Park Caretaker HIRED : December 22, 1987 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, January 22, 2008. Please make the necessary arrangements if this is acceptable, and send confirmation of the schedule to Human Resources and the employee concerned. The recognition letter and gift catalog will be sent prior to the presentation. Thank you. xc: John Gish Joe Smith, Director of PW DFCCGMGDOCII ® Recycled Paler ITEM #2 1/22/08 Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meetings of October 30, 2007 and January 8, 2008. (City Clerk) City of National City, California COUNCIL AGENDA STATEMENT idEETING DATE January 22, 2008 AGENDA ITEM NO. 3 ITEM TITLE A Resolution of the City Council of the City of National City accepting, approving, and authorizing recordation of a fire and emergency vehicle access easement off of 4th Street through the Medical Properties Trust (MPT) land to serve the existing homes PREPARED BY Adam Landa EXPLANATION DEPARTMENT Engineering EXT. 4394 Paradise Village (Paradise Valley Hospital property) is granting the City of National City an Easement through the Medical Properties Trust (MPT) land for Fire and Emergency vehicle access. This easement is replacing an existing emergency access which is from 6th Street and Arcadia Avenue. The existing easement was moved because of the Paradise Village development at 6th Street and Arcadia Avenue, therefore, the existing homes will now have a fire and emergency vehicle access off of 4w Street (Exhibits "A" & "B"). J Environmental Review X NIA MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolt / COMMISSION ECOM N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Easement Resolution No. A-200 (Rev 7103) RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AND AUTHORIZING THE RECORDATION OF A FIRE AND EMERGENCY VEHICLE ACCESS EASEMENT OFF OF EAST 4TH STREET THROUGH MEDICAL PROPERTIES TRUST LAND FROM MPT OF PARADISE VALLEY L.P. WHEREAS, the development of the Paradise Village project requires that the existing Fire and Emergency Vehicle Access Easement from East 6th Street and Arcadia Avenue be moved to off of East 4th Street through Medical Properties Trust land; and WHEREAS, MPT of Paradise Valley, L.P., is granting the City of National City an easement through Medical Properties Trust land for fire and emergency vehicle access, which will serve existing homes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a Fire and Emergency Vehicle Access Easement off of East 4th Street through Medical Properties Trust land MPT of Paradise Valley, L.P., and directs the City Clerk to record the same PASSED and ADOPTED this 22nd day of January, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RECORDING REQUESTED BY: City of National City WHEN RECORDED MAIL TO City of National City 1243 National City Blvd. National City, CA 91950-4301 Attn: City Clerk APN 554-120-30 DEED TRANSFER TAX: S P' 3e4e/ e V r glrEiYly GRANT OF EASEMENT FOR FIRE AND EMERGENCY VEHICLE ACCF S For valuable consideration, receipt of which is hereby acknowledged, MPT of Paradise Valley L.P. a Delaware limited partnership ("Grantor"), hereby GRANTS to City of National City, a California municipal corporation ("Grantee") An easement for the right of ingress and egress for fire and emergency vehicle access over, along and across all that real property situated in the City of National City, County of San Diego, State of California, and is particularly described on Exhibit "A" and shown on Eibibit "B," attached hereto and incorporated herein by this reference made a part hereof. MPT of Paradise Valley, L.P. a Delaware limited partnership By: MPT of Paradise Valley, LLC Its: General Partner By: MPT Operatin : Partnership, L.P. Its• oe/ ()(ec.ky.? U.Z Q ber, Title: (Signatures must be notarized) C:IDOCUME.-14cbecca\WCA1S -1 \Tem p\XPgpwise12163 •FIREgaat-1 .doc STATE OF ALABAMA COUNTY OF 7e-:� CY Sort )ss. } On /2 , 2001 before me, (here insert name and title of officer) petsoualfy appeared /?.Z owei S-Ae eyeec. e. U .2R- kr:cf fit, personally known to me (or proved to me on flu basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that be/shc(hey executed the same in his/her/their authorized capacity(ia), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITESS my hand and official seal. /f ) signature al (i w l ni11�/ll/�f!{v C:IDOCUMI3-14ebeccrUACAL$-I1Temp1XPppwise12163-FIREgnmt-l.doc (el) MARYANNE MOKANSON Notary Public Alabama - State At Large Commission Expires RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 Date 10/08/2007 JN 25-102163 EXHIBIT 'A' LEGAL DESCRIPTION - CITY OF NATIONAL CITY FIRE ACCESS EASEMENT PARCEL "A" That certain parcel of land being a portion of the northeast quarter of the southwest quarter of quarter section 105 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869, described as follows: A strip of land 25.00 feet in width, lying 12.50 feet on each side of the following described centerline: COMMENCNING at the northeast corner of Lot 14 of Paradise Heights, in the County of San Diego, State of California, according to Map thereof No. 10563, filed in the Office of the County Recorder of said San Diego County, January 12, 1983; thence westerly along the northerly line of said Map No. 10563, South 72°02'03" West 138.01 feet to the TRUE POINT OF BEGINNING; thence leaving said northerly line North 10°07'56" East 74.60 feet; thence North 18°04'17" West 184.19 feet to a point in the southerly right of way line of East 4" Street (80 feet wide) as shown on said Map No. 10563. The sidelines of said strip shall be prolonged or shortened so as to terminate northerly in the southerly right of way line of said East 4" Street and southerly in the northerly line of said Map No. 10563. CONTAINING 6,470 square feet, more or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part of hereof. This description was prepared by me or under my direction. Stephen R. Hawxhutlst, LS 7355 Expires 12/31/07 Page 1of1 H 1PDATA\25102I63'Adm.,Negals\2163-LGt FIKE2.doc FIRE ACCESS EASEMENT LEGEND E.4TH S11d.tT C/L C NTE LIRE EA.TI NT GOR LEER PAC POINT OF GPIAENC ENT R/W RIGHT iF WAY 7P013 TRLE POINT OF BEGIIWING ,i • Iiisr 6O• .70 MEI NM 30. 60• E. 6TH S1Att T E.7TH Slirtt 1 QQ E. BTH S1htt 1 VICINITY MAP NO SCALE GRAPHIC SCALE PARCEL "A" EASBOIT 6, 470 SO. FT. E. 4TH STREET cj, .0 Cop JP08 PARCEL 25' �S'1YR/W E. 4TH ST 12.5' `PARCEL "A" PX PARCEL AECOR LOT 14 138.01 ' -� LOT 13 S72'02 '03 "W (N71 ' 16 '.35 f PER MAP N0 \6 MAP LOT 14 NO. 10563 R.B. CONSU LT.NU 10563) EXHIBIT "B" .,,CLAW,... IV.. 01E4C1c17011,....,..o.. •f I.YSm. *z WIMS H: \PDATA\25102163\CADO\MAPPING\EXHIBITS\2163-•FIRE2.DWC Doi LOU 10/8/07 1 41 pm City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2008 AGENDA ITEM NO. 4 1ITEM TITLE Resolution Approving a Planned Development Permit, Approving a Negative Declaration, and Authorizing the Filing of a Notice of Determination for a Three -Story Office Building Including Retail Space and Stnictured Parking on an Approximately 1-Acre Vacant Lot on the North Side of Fast 8th Street. West of V Avenue (Applicant: Kamel Zayet) (Case File 2007-08 PD) PREPARED BY Angela Reeder, 336-4310 EXPLANATION DEPARTMENT Planning The City Council voted to approve this Planed Development Permit at the January 8, 2008 public hearing. l he attached resolution is needed to follow through on the action. Environmental Review Financial Statement N/A N/A Negative Declaration (2007-08 IS) Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Attached Resolution g5t7 BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A•200(9i99) RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A PLANNED DEVELOPMENT PERMIT AND A NEGATIVE DECLARATION, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION FOR A THREE-STORY OFFICE BUILDING INCLUDING RETAIL SPACE AND STRUCTURED PARKING ON AN APPROXIMATELY 1-ACRE VACANT LOT ON THE NORTH SIDE OF EAST 8T" STREET, WEST OF V AVENUE APPLICANT: KAMEL ZAYET CASE FILE NO. 2007-08 PD, IS WHEREAS, application was made for approval of a Planned Development Permit for a medical office building on an approximately one -acre vacant site on the north side of East 8th Street, west V Avenue (APN: 557-140-25); and WHEREAS, the Planning Commission at a duly advertised public hearing held on December 3, 2007, at which time oral and documentary evidence was presented, in a vote of 5- 0 denied said Planned Development Permit to construct a medical office building, Case File 2007-08-PD, IS; and, WHEREAS, the appeal to the City Council of the Planning Commission denial of a Planned Development Permit for a medical office building on an approximately one -acre vacant site on the north side of East 8th Street, west Harbison Avenue was considered by the City Council at a duly advertised public hearing held on January 8, 2008, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2007-08 PD, which is maintained by the City and incorporated herein by reference, along with Planning Commission Resolution No. 68-2007; 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 City Council of the City of National City that the testimony and evidence presented at the public hearing supports the following findings for approval of the Planned Development Permit: RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the one -acre property can accommodate the development of an approximately 142,000 square feet office building while meeting Land Use Code design regulations, and also provide the necessary parking and landscaping per Land Use Code requirements. Resolution No. 2008 - January 22, 2008 Page 2 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 a Traffic Study prepared for the project indicated that nearby local residential streets within the study area including East 8th Street all have sufficient capacity to handle the additional trips caused by the project without suffering a significant decrease in their operating levels of service and the improvements to East 81h Street will be installed to extend the left turn lane as recommended by the traffic report. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties since the project design complies with the design regulations of the Private Institutional (IP) Zone, and since the project includes additional conditions (i.e. landscaping, screening of mechanical equipment) designed to soften impacts on the established residential neighborhood to the west from the project site. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it results in the creation of additional office and retail space for the community which will complement the nearby hospital. It will also utilize a vacant parcel, and provide a structure with high quality design. RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2007-08 IS) has been read and considered together with any comments received during the public review process; and 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration (2007-08 IS) together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Negative Declaration and authorizes the filing of a Notice of Determination. NOW, THEREFORE, the City Council adopts Planned Development Permit 2007- 08 PD, IS subject to the following conditions: 1. This Planned Development Permit (2007-08 PD) authorizes the development of an approximately 142,000 square -foot office building, including two floors of parking, two floors of office space, and a retail suite. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A revised, case file no. 2007-08 PD, dated November 4, 2007. Resolution No. 2008 - January 22, 2008 Page 3 2. A detailed landscape and automatic underground irrigation plan, including plant types, methods of planting, etc., shall be submitted for review and approval by the Planning Director prior to the issuance of any building permits. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, landscape screening consisting of 5-15 gallon shrubs and trees along the west property line adjacent to homes to soften the visual impact and reduce glare on adjacent properties, street trees a minimum of 15 gallon in size for every 40 feet of street frontage, and shrubs and groundcover between the curb and sidewalk. 3. The existing 10-foot wide Sweetwater Authority easement across the western edge of the property must be quitclaimed by the owner, at their expense, and proof submitted to the National City Planning Department prior to issuance of any grading or building permits. 4. A ten -foot horizontal separation between sewer and water laterals is required. 5. All rooftop mechanical equipment shall be screened from the sides and the top in accordance with City standards and shall be indicated on the building plans, to the satisfaction of the Planning Director. 6. The trash enclosure within the garage shall be provided in accordance with City standards. It shall be constructed of decorative block and solid gate to match the building design and to the satisfaction of the Planning Director. The design of the trash enclosure shall be shown on the Landscape Plans. 7. All building permit plans must comply with the 2006 IBC as adopted by the 2007 CBC. 8. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 9. Within 45 days of project approval, a revised parking layout and traffic report shall be submitted for review and approval to the satisfaction of the City Traffic Engineer. 10. All recommendations of the Traffic Impact Study prepared by Federhart and Associates and dated September 21, 2007, for the project, including extension of East 8th Street left turn lane westerly to include the projects off-street parking driveway and extension of red curbs along East 8th Street, shall be completed prior to occupancy and to the satisfaction of the City Engineer. 11. A revised parking garage plan and traffic study shall be submitted for review and approval by the City Traffic Engineer within 45 days of project approval to address the Department's final comments. 12. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department's requirements. Resolution No. 2008 - January 22, 2008 Page 4 13. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 14. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 15. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 16. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 17. A soils engineering report shall be submitted for the Engineering Department's review. after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 18. The deteriorated portions of the existing street improvements (10' of sidewalk) along the property frontages shall be removed and replaced. Resolution No. 2008 — January 22, 2008 Page 5 19. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 20. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 21. Exterior walls of buildings to a height of not less than 6-feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 22. The project is to be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 23. Fire Protection plans are to be submitted directly to tfie Fire Department for permitting and review. A standpipe system will be required in conjunction with the fire sprinkler system, to the satisfaction of the Fire Department. 24. Before this Planned Development 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 retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development 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 the Planned Development 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. 25. Approval of the Planned Development Permit expires one (1) years after adoption of the resolution of approval at 5:30 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. 26. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,876.75 for a Negative Declaration or Mitigated Negative Declaration, and $2,606.75 for an Environmental Impact Report. Resolution No. 2008 - January 22, 2008 Page 6 BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 22nd day of January, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ✓ N/A City of National City, California COUNCIL AGENDA STATEMENT EETING DATE 01-22-08 AGENDA ITEM NO. 5 (ITEM TITLE Resolution of the City Council of the City of Signing and Retention Incentive Program for the PREPARED BY Stacey Stevens Director EXPLANATION Sec Attached. National City Authorizing the Creation of a $2,500 Police Dispatch Classification. DEPARTMENT Iluman Resources Environmental Review Financial Statement The actual cost is dependant upon hire dates and retention rate. The cost is estimated as: $15,000 Fiscal year 2007/08 (dependent on staff retention levels) $ 15,000 Fiscal year 200S/09 (dependent on staff retention levels) Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/80) Background: The National City Police Department (NCPD) is budgeted at 12.0 positions to staff the Dispatcher Center: 1.0 Senior Dispatcher and 11.0 Police Dispatchers. This staff of 12.0 covers seven shifts in a dispatch center open for operation 24 hours a day, seven days a week. in recent months, both NCPD and the National City Municipal Employees' Association (NCMEA) have raised concern about thc ability of the department to attract and retain Police Dispatchers. Of the 11.0 budgeted Police Dispatcher positions, 6.0 are vacant. While 2.0 of the vacancies are the result of internal promotions, the other 4.0 are the result of individuals leaving the organization for outside opportunities, leaving 6.0 incumbents (inclusive of both the Police Dispatcher and Senior Dispatcher classifications) to staff a demanding dispatch center receiving, on average, 33, 000 calls annually. Given the recent turn -over, staff from the City Manager's Office, Human Resources and NCPD have been working with the employees and their labor union to identify factors contributing to the current rate of attrition. Working with NCMEA, the City has worked through several of the issues identified while continuing to explore solutions to others. Among the issues identified is the subject matter of this report: the current salary level for Police Dispatchers. Discussion: In December, 2006, thc firm of Creative Management Solutions, Inc. conducted a salary study on behalf of the City of National City (National City). Among the benchmark classifications included in the study was Police Dispatcher. Using base salary, the survey found National City's Police Dispatchers to be the lowest paid among the agencies surveyed, falling 5.06% below the mean salary (refer to Table 1). Recently, it was found to be appropriate to conduct another review of the salaries, despite the existence of the December, 2006 survey. The second review, conducted in-house, is warranted for two (2) reasons: 1. In the time that has lapsed, some of the survey agencies have concluded labor negotiations that may have resulted in salary increases for the classes in question; and 2. Most critically, the existing survey looked at base salary only. It is recommended that any consideration of a salary include an analysis of total compensation; that is, salary and benefits. Table 1: Cy of National City/NCMEA Salary Survey (extract) AGENCY CARLSBAD CHULA VISTA CORONADO EL CAJON ESCONDIDO LA MESA OCEANSIDE SAN DIEGO NATIONAL CITY* BASE SALARY/month $4,670 $4,731 54,573 $4,325 $4,363 $4,245 $4,510 $4,385 54,249 (-5 03%) • National City's total compensation was excluded for purposes of calculating he classification's mean total compensation. As seen in this secondary survey, National City Police Dispatchers continue to be the lowest paid when only base salary is considered, now falling 7.2% below the mean salary. When total compensation is considered, National City moves up two places to number eight (out of ten agencies), falling 4.5"/0 below the mean (refer to Table 2). Table 2: National City Total Compensation Surve AGENCY BASE SALARY/month TOTAL COMPENSATION/month CAR) .SBAD $4,670 $7,205 CORONA DO $4,573 $6,999 CHULA VISTA $4,873 $6,950 COUNTY OF SAN DIEGO* $4,779 _ S6,825 1.A MESA $4,330 $6,383 H. CAJON $4,325 $6,213 ESCONDIDO $4,363 $6,127 NATIONAL CITY** $4,249 $6 074 OCEANSIDI: $4,510 $5,379 SAN DIEGO $4,560 $5,025 (-4 5%) •The County of San Diego was not included to the December, 2006 survey. • •Nanonal City's total compensation was excluded for purposes of calculating the classification s mean total compensation. Police Dispatchers arc in demand throughout the county. The competition to recruitment and retain Police Dispatch candidates is considerable. As an efficiency measure, National City is a member of a county -wide Dispatcher testing consortium. As such, interested individuals register one timc and take one exam. The names of those that pass the test are then forwarded to all member agencies for consideration. The National City Human Resources Department then extends an invitation to all passing candidates to apply and interview with the NCPD. For the period July 1, 2006 through June 30, 2007, there were three (3) tests administered. In total, 197 candidates were tested with 117 passing the test. Of the 117 candidates passing the test, only 38 followed through by applying for employment with National City. As with all positions within the Police Department, large numbers of applicants are necessary as a significant portion of the applicant pool typically falls out during the backgrounding process. While a 4.5% differential may not be considered statistically significant for some classifications, for a highly competitive area such as dispatch, such a differential can have a significant impact on the ability to recruit and retain talented individuals. As a result, consideration has been given to addressing this issue along with the other issues identified. It is the objective of National City to continue fiscal sustainability. As a part of that effort, there is a concerted effort to limit the creation of additional long term financial obligations. Thus, the granting of a salary incrcase should be considered cautiously. As an alternative to a traditional salary increase which creates a long term pension obligation, a bonus system can be implemented. Such a bonus system would have to address both recruitment and retention, providing both a "signing" bonus for new hires to the position of Police Dispatcher and a "retention" bonus to encourage existing staff to stay. A total bonus of $2,500 would strategically place National City as one of the top five agencies in the county. On January I, 2008, all NCMF.A represented employees received a 3% cost of living adjustment. The $2,500 bonus, in conjunction with the 3% cost of living adjustment would increase total compensation to $6,464, bringing National City Police Dispatchers to 1.9% above the current mean, moving them to the rank of the number live agency (out of ten). To address both recniitment and retention, such a program could be structured to provide for two equal payments to existing or currently employed National City Police Dispatchers and three payments to newly hired National City Police Dispatchers. The three payments to newly hired National City Police Dispatchers could include one smaller payment at time of hire and two additional, equal payments after passing probation. Recommendation: Staff recommends the recreation of a recruitment and retention bonus program for the classification of Police Dispatcher, authorizing the City Manager to utilize or discontinue utilization of the program in subsequent years as appropriate based on market factors. It is recommended that the program he structured as described below: Currently Employed National City Police Dispatchers — staff recommends the adoption of a one year retention bonus program for currently employed Police Dispatchers as follows: $2,500 to be paid in two equal installments, with $1,250 paid within 3 pay periods of Council approval and $1,250 paid six months thereafter. Currently employed Police Dispatchers who arc still serving a probationary period would become eligible for the retention bonus as follows: one-half ($1,250) the first work day after completing the probationary period and one-half ($1,250) six months from the date of the first payment. Newly Hired National City Police Dispatchers staff recommends that newly hired Police Dispatchers receive a $500 signing bonus in conjunction with their first full pay check with National City as a Police Dispatcher. Upon completion of the prescribed probationary period, such newly hired Police Dispatchers would receive an additional $2,000 retention bonus as follows: one-half ($1,000) the first work day alter completing the probationary period and one- half ($1,000) six months from the date of the first payment. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CREATION OF A $2,500 SIGNING AND RETENTION INCENTIVE PROGRAM FOR THE POLICE DISPATCH CLASSIFICATION WHEREAS, staff from the City Manager's office, Human Resources Department, and the Police Department have been working with Police Dispatchers and the National City Municipal Employees' Association (MEA) to identify factors contributing to the City's difficulty in recruiting and retaining dispatchers; and WHEREAS, based largely upon two studies that were conducted, one by an outside consultant and one by City staff, the current salary level for Police Dispatchers was identified as a significant factor contributing to difficulties in recruiting and retaining dispatchers; and WHEREAS, in order to enhance the City's ability to recruit and retain Police Dispatchers, while at the same time avoiding the creation of a long-term pension obligation for the City, it has been recommended that a signing and retention incentive program be established for Police Dispatchers; and WHEREAS, the recommended incentive program would provide a "signing" incentive for new hires to the position of Police Dispatcher, as well as a "retention incentive" to encourage existing dispatchers to remain employed by the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the creation of a Signing and Retention Incentive Program for the Police Dispatcher classification, as set forth in the attached Exhibit "A". PASSED and ADOPTED this 22nd day of January, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SIGNING AND RETENTION INCENTIVE PROGRAM FOR THE POLICE DISPATCHER CLASSIFICATION (Approved January 22, 2008) A Signing and Retention Incentive Program is established for the classification of Police Dispatcher. The City Manager is authorized to utilize or discontinue the Program in subsequent years as appropriate based on market factors. The program be structured as described below: Currently Employed National City Police Dispatchers There is a one year retention incentive program for currently employed Police Dispatchers as follows: $2.500 to be paid in two equal installments, with $1,250 paid within 3 pay periods of January 22, 2008, and $1,250 paid six months thereafter. Currently employed Police Dispatchers who are still serving a probationary period would become eligible for the retention incentive as follows: one-half ($1,250) the first work day after completing the probationary period and one-half ($1,250) six months from the date of the first payment. Newly Hired National City Police Dispatchers Newly hired Police Dispatchers will receive a $500 signing incentive in conjunction with their first full pay check with National City as a Police Dispatcher. Upon completion of the prescribed probationary period, such newly hired Police Dispatchers will receive an additional $2,000 retention incentive as follows: one-half ($1,000) the first work day after completing the probationary period and one-half ($1,000) six months from the date of the first payment. EXHIBIT "A" City of National City, California COUNCIL AGENDA STATEMENT EETING DATES 01-22-08 AGENDA ITEM NO. 6 (ITEM TITLE Resolution to Approve the Salary Bands for Four New Classifications: Confidential Assistant ($3,176- $3,860, monthly), Police investigative Aide (3,252-$3,952.81, monthly), Street Maintenance & Wastewater Superintendent (3,049-$6,559, monthly) and Wastewater Crew Chief (2,770-$3,705 monthly). PREPARED BY DEPARTMENT Stacey Steven un 36 8) ��� Human Resources Director EXPLANATION See Attachment Environmental Review ✓ N/A Financial Statement "I here is no fiscal impact associated with approving the salary bands for these new classifications. Depart- ments utilising these new positions this fiscal year will do so with previously allocated budget dollars. Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. LResolution A-200 (9l80) CITY OF NATIONAL CITY MEMORANDUM DATE: January 22, 2008 TO: Honorable Mayor and City Council FROM: Stacey Stevenson, Director of Human Resources SUBJECT: Documentation in Support of Council Action requesting the Approval of Salary Bands for Four Ncw Classifications: Confidential Assistant, Police investigative Aide, Street Maintenance & Wastewater Carew Chief, and Street Maintenance & Wastewater Superintendent Background: Per Civil Service Rule 1I, the Department of Human Resources, with the approval of the Civil Service Commission is tasked with allocating all positions in the Classified Service (positions under the purview of the Civil Service Commission) to the Classification Plan. The Classification Plan includes the titles of each position and a written class specification or position description. Amendments to the Plan result from modifications to existing classifications, the creation of new classifications andlor the deletion of existing classifications in response to operational needs of the City's various departments. In response to the operational considerations of the Offices of the Mayor and City Council, the Police Department and the Public Works Department, in December, 2007, the Civil Service Conunission approved the amendment of the Classification Plan through the creation of four (4) new classifications: Confidential Assistant, Police hivestigative Aide, Street Maintenance & Wastewater Superintendent and Wastewater Crew Chief. 'I'hc purpose of this request is to seek authorization for the salary bands associated with these four (4) newly created positions. Discussion: Confidential Assistant — As the Assistant to the Mayor and City Council, this position has access to highly confidential information related to labor negotiations and on -going litigation warranting a reallocation of the position from its current classification of Administrative Secretary to Confidential Assistant. In further recognition of the unique nature of this position, the Civil Service Commission has exempted this position from classified service, making it an at -will, appointed position. Salary Range: $3,176 - $3,860, monthly (C092) Police investigative Aide In an on -going effort to increase ef!icieiicy and to enhance misdemeanor, infractions and felony crime cases, the Police Department has added a new January 22, 2008 Approval of Salary Bands Page 2 position to its organizational structure. This new position will review and analyze misdemeanor and felony arrest reports and citations prior to being forwarded to the District Attorney's Office for prosecution. Salary Range: $3,252.00 - $3,952.81, monthly (105) Street Maintenance & Wastewater Superintendent and Wastewater Crew Chief in a reorganization intended to both increase efficiency and generate budgetary savings for the general fund, the Public Works Department is discontinuing the use of the Street Maintenance Supervisor and Wastewater Supervisor classifications instead using the newly created Street and Wastewater Superintendent, thus combining two supervisory positions into onc, with this Superintendent. 'fhe addition of the Wastewater Crew Chief will provide for a crew leader for the Wastewater section, comparable to the crew leader assigned to the Street Maintenance section. Salary Rand: $2,770 - $6,559, monthly (Management) - Street Maintenance & Wastewater Superintendent Salary Range: $3,049 - $3,705, monthly (98) - Wastewater Crew Chief Recornmendation: Approve the salary bands for the four (4) properly classified positions identified above as follows: a. Confidential Assistant - $3,176 - $3,860, monthly (C092) b. Police Investigative Aide - $3,252.00 - $3952.81, monthly (105) c. Street Maintenance & Wastewater Superintendent - $2,770 - $6,559, monthly (Management) d. Wastewater Crew Chief - $3,049 - $3,705, monthly (98) RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ESTABLISHMENT OF A SALARY BAND FOR THE MANAGEMENT POSITION OF STREET MAINTENANCE AND WASTEWATER SUPERINTENDENT AND APPROVING SALARY RANGES FOR THREE NEW POSITIONS: CONFIDENTIAL ASSISTANT, POLICE INVESTIGATIVE AIDE, AND STREET MAINTENANCE AND WASTEWATER CREW CHIEF BE IT RESOLVED that the City Council of the City of National City hereby approves the salary band for the new management position of Street Maintenance And Wastewater Superintendent, and salary ranges for three new positions: Confidential Assistant, Police Investigative Aide, and Street Maintenance and Wastewater Crew Chief, as follows: r POSITION Street Maintenance And Wastewater Superintendent Confidential Assistant Police Investigative Aide GROUP Management Street Maintenance and Wastewater Crew Chief ATTEST: Confidential (C092) MEA (Range 105) RECOMMENDED SALARY $2,770 - $6,559/mo. $3,176 - $3,860/mo. MEA (Range 98) $3,252 - $3,952.81/mo. PASSED and ADOPTED this 22nd day of January, 2008. Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney $3,049 - $3,705/mo. Ron Morrison, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2008 ITEM TITLE AGENDA ITEM NO. 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING PAYMENT OF A ONE-TIME PERFORMANCE AND RETENTION INCENTIVE TO THE CITY MANAGER PREPARED BY George H. Eiser, III (Ext. 4221 EXPLANATION DEPARTMENT City Attorney It is the current practice of the City that any adjustment to executive employee compensation be made by payment of a one-time performance and retention incentive. Pursuant to said practice; it has been proposed that there be a payment of a one-time performance and retention incentive of $8,000 to the City Manager. This action would be approved by adoption of the attached resolution. Environmental Review '1 N/A Financial Statement Funds are available Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. I. Proposed Resolution A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING PAYMENT OF A ONE-TIME PERFORMANCE AND RETENTION INCENTIVE TO THE CITY MANAGER WHEREAS, it is the current practice of the City that any adjustment to executive employee compensation be made by payment of a one-time performance and retention incentive; and WHEREAS, pursuant to said practice; it has been proposed that there be a payment of a one-time performance and retention incentive of $8,000 to the City Manager. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves payment of a one-time performance and retention incentive of $8,000 to the City Manager. PASSED and ADOPTED this 22nd day of January, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2008 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER THE AUTHORITY TO APPROVE AND SIGN AN AGREEMENT WITH THE COUNTY OF SAN DIEGO AND SAN DIEGO COUNTY SHERIFF'S DEPARTMENT TO COMBAT HUMAN TRAFFICKING. PREPARED BY DEPARTMENT MANUEL RODRIGUEZ POLICE (Ext. 4507) EXPLANATION The U.S. Department of Justice, Bureau of Justice Assistance provides funding for a Multi -Disciplinary Ant - Human Trafficking Task Force through San Diego County and the San Diego Sheriffs Department. As a member of the Task Force, the National City Police Department collaborates in multi -jurisdictional investigations, training to ensure victim safety and identification, participates in Anti -Trafficking Task Force meetings and receives reimbursement of overtime costs involved with this participation. Environmental Review d N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed Agreement A-200 (9199) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SAN DIEGO, SAN DIEGO COUNTY SHERIFF, AND LOCAL LAW ENFORCEMENT AGENCIES FOR PROGRAM SUPPORT OF THE MULTI -DISCIPLINARY ANTI -TRAFFICKING TASK FORCE WHEREAS, the County of San Diego, the San Diego County Sheriff, and Local Law Enforcement Agencies have executed an Agreement for program support of the Multi - Disciplinary Anti -Trafficking Task Force, dated December 19, 2006; and WHEREAS, as a member of the Task Force, the National City Police Department collaborates in multi -jurisdictional investigations, training to ensure victim safety and identification, participates in Anti -Trafficking Task Force meetings and receives reimbursement of overtime costs involved with this participation; and WHEREAS, Section III of the Agreement provides for the Agreement to terminate on midnight on October 31, 2007; and WHEREAS, on October 5, 2007, the U.S. Department of Justice, Office of Justice Programs, approved the Sheriff's request to extend the project end date from November 30, 2007 to November 30, 2008; and WHEREAS, the County of San Diego, the San Diego County Sheriff, and Local Law Enforcement Agencies have agreed to extend the term of the multi -year Agreement to November 30, 2008. NOW, THEREFORE. BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute an Agreement with the County of San Diego, the San Diego County Sheriff, and Local Law Enforcement Agencies for program support of the Multi -Disciplinary Anti -Trafficking Task Force. Said Agreement is on file in the office of the City Clerk PASSED and ADOPTED this 22nd day of January, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT AMONG THE COUNTY OF SAN DIEGO, THE SAN DIEGO COUNTY SHERIFF, AND LOCAL LAW ENFORCEMENT AGENCIES MULTI -DISCIPLINARY ANTI -TRAFFICKING TASK FORCE AMENDMENT WHE.RF.AS, thc parties have executed an Agreement among the County of San Diego, the San Diego County Sheriff, and Local Law Enforcement Agencies, for program support of the Multi -Disciplinary Anti -Trafficking Task Force dated December 29, 2006; and WHEREAS, the AGREEMENT, in Section III. A., provides for the Agreement to terminate on midnight on October 31, 2007; and WHEREAS, on October 5, 2007, the U. S. Department ofJustice, Office ofJustice Programs, approved the Sheriff's request to extend the project end date from November 30, 2007 to November 30, 2008, and WHEREAS, AS, SHERIFF and AGENCIES have agreed to extend thc term of the multi -year AGREEMENT beginning October 30, 2005 and ending October 31, 2007 to continue in effect through and terminate at midnight on October 31, 2008. NOW, THEREFORE, the COUNTY through the SHERIFF and the CITY OF CARLSI3AD, CITY OF CHIILA VISTA, CITY OF CORONADO, CITY OF EL CAJON, CITY OF ESCONDIDO, CITY OF LA MESA, CI IY OF NATIONAL CITY, CITY OF OCEANSIDE, CITY OF' SAN DIEGO, and the UNIFIED PORT OF SAN DIEGO, by and through their respective police departments or law enforcement agencies, agree to continue to provide basic services as described in the AGREEMENT, in Section II. B. The terms and conditions of the AGREEMEN I' remain unmodified. IN WITNESS WHEREOF, the parties hereto approve and agree to the tenns of this AMENDMENT to the original AGREEMENT on this __ _ day of December, 2007. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO PURCHASING & CONTRACTING SHERIFF'S DEPARTMENT Winston McColl Director ‘1;ear,..- tlliam B. Kolendcr Sheriff (:ARLSBAD POLICE DEPARTMENT Tom ZbH- Chief of Police CITY OF CORONADO Mark Ochenduszko City Manager ESCONDIDO POLICE DEPT. )44 im Maher Chief of Police CITY OF NATIONAL CITY Chris Zapata City Manager SAN DIEGO HARBOR POLICE Kirk S Chief CITY OF SAN DIEGO PURCHASING & CONTRACTING Tammy Rimes Deputy Director CIIULA VISTA POLICE I)EPT. Richard Emerson Chief of Police CITY OF EL CAJON Kathi J. Henry City Manager LA MESA POLICE DEFT. Alan Lanning Chief of Police OCEANSIDE POLICE DEPT. Frank McCoy Chief of Police SAN DIEGO POLICE DEPT. William Lansdowne Chief of Police Approved as to forin and legality: SAN DIEGO COUNTY COUNSEL William L. Pettingill Senior Deputy City of National City, California COUNCIL AGENDA STATEMENT FETING DATE January 22, 2008 9 AGENDA ITEM NO. / ITEM TITLE Warrant Register # 25 for the period of 12/12/07 through 12/18/07 in the Amount of $1,488,086.62 PREPARED BY EXPLANATION D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido 61 !)-33G-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 12/12/07 through 12/18/07. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Public Emp. Ret. 218453 238,737.67 Emp. Retirement Tristar Risk Mgmt 218468 62,175.75 Reimb/Claims ( Environmental Review N/A Financial Statement MIS Approval Approved Flninc. Director Account No. STAFF RECOMMENDATION Not applicable. ATTACIJMENTS ( Listed Below ) L 1. Warrant Register #25 of $ 1,488,0861J!f zze Resolution No. A•200 tRev 7/03) PAYEE SAFETY KLEEN BAKER & TAYI OR BRODART C:ALIFA GROUP CORPORATE EXPRESS C Ay of National (:itv ARRAt' F RFGISTF..R M 25 12/18/2007 DESCRIPTION CHK NO DATE AMOUNT OIL FILTER SVC 218356 12/1 1'2007 510.00 RLFLRENCE BOOKS 21835./ I7/18'2007 413 97 ADULT AND CIIILDRFN'ti I(.)OKS 218358 12!18 2007 102'/5 2008 DATABASE RENEWAL. 2183.59 12/18/2007 3,78000 OI•FICE SUPPLIES, MOP:+4i704 218360 12/18.2007 115 87 C011N<.'IL OF STATE nKC111vlti RI SCL ING FAMILY RECORDS 218361 12/18.2007 13.00 )FM(O INC I1()OK PROCCESING MATERIALS 218362 17'18'?007 36.41 M1DWl l TAPE. 1)Vl)/VIDEOS'PROCESSING SIJPI'I,IIT.S 218363 12'18/7007 1,631 98 NATIONAI ti(IIOOL DISTRICT PRINT IND FOR READING 218364 12.18.'2007 7002 ANDOM 11OI i'L, INCBOOKS ON I APE 218365 12118;2007 967 II THOMSON GAI F. RFTERFN( 1- 11(X)KS 218366 17/IS'2007 895.88 U S. POSTMASTER POSTAGE FOR OVERDUE NOTICES 218367 12/18,2007 369.00 WILLY'S ELECTRONIC SUPPLY 1 USB TO IEF-1784 PRINTER 218368 12/18/2007 60.33 Al & T MOBILITY WOW CELL ('HONE. 218369 12.'18/2007 109 99 BAKI{I(R 'I AYLOR CIIILDRENS BOOKS 218.37O 12: 18;2007 79 2) BHINDFR TR.AVI.1. (AMERICORPSiLSTA Y-5) 218371 17/18/2007 2 / 16 CANIRII I. 1RAVI.I.(.AMLRICORPS/LS'I'A Y-5) 218371 12/18/2007 20 t7 CORPORA'II I.XPRF.SS MAITRIALS/SUPPLIES (LIT .SV(:ti Y 5) 218371 12/18/2007 199.IX DEANDA TR AVT I (AMLRI(ORPS/LSTA Y-5) 218374 12/18:2007 2t 52 EMPIZO TRAVI'.1 (AMERICORPS'I.STA Y-5) 218375 12/18,2007 1,1 t2?U FANNING TRAVFI (AMLRICORPS'I.STA Y-5) 218376 I2/18'7007 I161 /u ULGHl1M-NU'I'I'FI(ti TFLAVIa (.Ai\11 1(IC'ORPSiLS1A l'-5) 218377 12/18/7007 6402 IIAYES TRAVEL. (AMI-UIC-ORPS/I.S1A Y-5) 218378 12/1S/2007 118.00 .IA WANDA 'RAVE! . (AMFRICORPS'LS1 A Y-5) 218379 I2'IX/2007 25.22 1.1-1 IR,\VE1. (AMERI( OI:I'S'I STA Y-5) 218380 12'I8:'007 33 IS PAYEE L ITERACYWORKS LI1 FRACYWOI<KS LI1I..1<ACYWORKS LYNNF. PRICE MARIS( .AJ. \IAl<SHALL O'IIARA ORIEGA PAI II.ISSEN PLA R SON PI RFA (11'INTAL RICH SANCIILL SCHWARLWAELDER SINAVSKY SMAR1 & FINAL S IALIONS City of National City \RRA\T RI.(ISTER a 25 12118/2007 DESCKJPIION CHK NO DATE AMOIAT STATE LIBRARY EXPER I SERVICES 718181 12/18'2007 ? 1.x.? 86 STATE LIBRARY L.XPER 1 SERVICES 218382 12/18/2007 t./44 59 STATE LIBRARY EXPER I' SERVICES 218383 12/IS/2007 x00 00 •(RAVEL (AMFRICORPS'LS I A Y-5) 218384 12/18/2007 27 16 !RAVEL (AMI:RICORPS;LSI A Y 5) 218185 12/1R/2007 61 23 TRAVEL (AMFI<ICORPS'l S I A Y-5) 218386 12/18/2007 t /0 22 TRAVEL (AMF.RICORPSI STA Y•5) 218387 12'18 2007 2.457.87 TRAVEL (AMFRICORPSI.STA \'•5) 218388 12/18;2007 147.44 •FRAVLL AM hRJCORP'.l .STA Y 5) 218389 12/18/2007 84.73 TRAVEL (AMFRICORPSl STA Y 5) 218390 12/18/2007 177 ( TRAVUL(AMERICORPS.1 STA Y 5) 218391 12/IS;2007 96.52 TRAVEL (AMERICORPS/I STA Y 5) 218392 12/18/2001 12949 •fRAVEI (AMERICORI'S,I.SI,\ Y -') 218191 1218/2007 8 10 TRAVEL (AMERICORPS/ESTA \-s) 21xt94 I2i18r2007 7966 TRAVEL (.AMERl(.'ORPS;LSIA Y 5) 21X 95 12;18,2007 I6454 TRAVEL (AMLRICORPS'LSIA Y-5) 218196 12/18/2007 11640 !NSF SUPPLIES (I IT. SVCS 1'-i) 718397 12/18,2007 i3 89 TRAVEL (AMERICORPS/I.SIA Y-5) '1S198 12/18/2007 18.41 STANISLAIJSLITERACY CLNTE'IRA VEL(AMLRIC()RPS'LSIA Y-5) 218399 12/18'2007 9021 STRATEGIC RESOURCF.(•OiMPAAMER !CORPS I11.AI.THCAR1 218400 1218:2007 1,599.00 \'FITH IR.AVEI (AMER !CORPSE S IA Y-5) 218401 12/18 2007 16; 27 WILLIAMS lit AVEL(.AMLRIC.ORPS/I.S.A Y-5) 213402 I2'18/2007 776a W(.)OI)SON 'IRAVEl. (AMI RIC.ORPS/I SI •\ Y-5) 218403 12.18i2001 960t XEROX C.ORPORA 1 ION RASE CHAR('FS ANI) O\'I RAGES 218404 1218 7uu' 434 ;4 YANG IRAVEI tAMERICORPS/I ST•\ Y 5) 218305 12'1R..2007 25099 I,,\ 1 E L• City of National ('ity WARRANT REGISTER a 2c 12/18/2007 DESCRIPTION CHK NO DATE AMOUNT 21840b 12 18/200 / 300 15 ARCO GASPRC) I'I 1 is FUEL FOR CITY FI.P.FT 218407 12/18'2001 26,100 53 ASSI SE( .11ItII Y. INC AUTOMATION C'OMI'Ir11 R TRAINING 218408 12• I8,1007 295 00 ASTRO MF.CHANI(AI. (-'( )N 1 RA REPAIWMAINTFNANC'F.OF ll\'AC SYS 218409 12' I8/2007 578 00 AT&T/MC 1 PHONE 619 336-1080 10;1- I 1 /12.07 218410 12-18:2007 105.09 AUSTIN DOORS CITY•WIDE DOOR REPAIRS 218411 1 2'18;20t17 922 31 BANC OF AMERICA P11111 IC & CAT LOADER EQl1IP LFASF. PM 1 to 218412 12 18, 200 / 3,077 02 BEST BES F & KRIE.GER 11.1' PERSONNEL ISSUES 218413 1 _>' 18, 20(17 1.722 40 BLACKIE'S T ROPHIES AND A W. MOP 67727 NAME TAGS 218414 12:18,2007 32 64 DWG ( lS('O SMARTNET FENANCF 218415 I2;18 2007 6.209 83 CENTURY WHFF1. & RINI PRO EC IOR. BRG, 1.98" DIAMETER 21811(, 12,18'2007 121 34 (EPA COMPANY FAME. (HOOD CERTIFICATION 218417 12 18'2007 1 1500 COI 1 FGIA I L PACIFIC 18 RASK1.IUALLS 218418 12'18'2007 412 17 CORPORATE FXPRI-SS MOP 45704OFF1l'F.SUPPLIES 218419 12/18;2007 423.04 COUNTY OF SAN I)IEGO PERMIT FOR MIINICIPAI, POOI. 215420 12/18/2007 50000 COUNTY OF SAN DIEGO PIiRMIT RENEWAI. 218421 12'180007 311 00 COUNTY OF SAN DIF.GO MAIL SVC 10;16-1 In 5:(1/ 21842) 1) 18/2007 4,946.18 DALEY & IIEFT LI.P C1 AIM/LETICIA R.47O V (: OE NC 218421 12/18,2007 5,015 25 DALEY & HEFT I.LP CLAIM/SCHOOL DISTRICT V C OF N(: 218424 1 L 18!2007 129 03 OLLI.MARKF1INC; CORI' LAPTOP 21842, 12:18/2007 2.182.82 I)I'I'AR IN1I'NT OF TRANSPOR1, HIGHWAY LIGHTING 218426 1 "18/2007 2,853 73 OSI 1 X 1 RLMI 1)SI INILRNET LINE FOR RFC (N I It 21842; 12: 18/2007 53 88 EAG1 I VF.111('1.1' PERMIT/VIDEO/COIN DI.CA 1 S 21842S 1 2;18/2007 744.82 EL I.ATINO ADVFR I ISING!LMPI.OYMENTS 218429 I2'18i2007 336 00 ENTFRPRIsF (,I (UP COPY PAPER 218410 1 2'18/201)7 1,38782 ADAMSON POI IC1-. PROI)l (TS REMOTE CONTROL. City of National City ARRANT R1 G1STF.R # 25 12/18/2007 DESCRIPTION CHIC NO DATE AMOLNT TECH PERSONNEL SERVICES 218431 12/IS.2007 60 79 (N1 TRADIN(;.IN(' PAVEMI NI MARKINGS 21843? 12/18/2007 2,775.73 GEORGF H WA I L RS NIITRITIOf IN] ERVIEWS FOR CS DIRI.C.TOR "18433 17'I 8 2007 320 00 GLORGE H WA I ERS N(JTRITIOI BATTALION CHIEF ASSESSMENT 218434 12' 18.'2001 270.00 HONEYWELL INC REPAIRS & MAINTENANCE 218435 12. 18,2007 27 990.50 HdL. C:OREN & ('ONE ( ONTRACI PROPERTY"' A 218436 1.?'I812007 1,200.00 IDENIIX INC. GOVERNMJNTAL PLRPOSFS 218437 12%IS 2007 14.00 ISLAND R1.UE f-SHIRT.OR.ANGE. CITY OF NC 218438 12/18,2007 49350 JOBS AVAILABLE. ENC. ADVER I ISIN(vANALVSI & EXEC 218439 12(18'2007 360.20 JOSLI'IUNE FOX & 11FR ATFOR! C1.AIM'FI)X 1 V N C MI )• 218440 12/18,2007 10,500.0 KI\VANISCLUB OFNC DUES & MI A I.S;CHIEF GONZALES 218441 12,18;2007 144011 KO!.ANDA RETIREE ItFN DEC'07•RPI.CCKtt218108 218412 17IS'2007 13500 I.I'X1S-NEXIS ONLFNI (:IIARGLS FOR NOV'07 218441 I?'18/700/ 378 29 MA INTEX, INCJAN11()I(IAL SUPPI IFS 218444 12/180..007 781.72 METRO FIRL I:QIIIPMEN'I ANNUAI FIRE EXTINGUISHER SVC 218445 12/1x/2007 19.90 MI'LTI-BANK SERV1CLs LTD TRADE SETTLING CHARGES 218446 12,18/2007 446 18 NATIONAL (:ITY AUTO !RIM REPAIR AND MAINTENANCE 218447 IXIR;2007 103 31 NEUTRAL POSTURE ERGONOM ENVOI( F SHORT l'D ON CK 216615 218448 1:!'18/2007 14 70 NFBPA NElil'A MEMBERSHIP 218449 1 2, 18/2007 175 00 ORKIN Plis ( CONTROI PE'S I MAINTENANCE FOR CI 1 Y BLDG 218450 12/18/2007 393 75 PACIFIC AUTO REPAIR SMOG CHECKS POR CITY VI-I11(:LFS 218451 12/18,2007 506 39 PORTABLE. C OMPUTLR ' YSTED LAP MP COMPUI F.RS 218452 12'18/2007 42,491 9' PUBLIC I.MI'RETIREMENT SYSSERVJ( F PERIOD 12-07 3 218453 12'18/2007 238,7376, RCP BL Of K & BRICK INC. CONC RE1 E SAND 218454 12 18'2(NI, 22', ;0 SAFEWAY SIGN CO SIGN 218455 12'18'200/ 1;18K01- I. DEN PA%EE City of National City WARRANT REGISTER a 25 12/18/2007 I',11 El-: DESC RI I' I ION CIIK NO I),1TE AMOUNT SAN DIFC.OI'I ASlI(:SINC ACRYLIC '1II:LF 218456 12:1S:2007 72.47 SAN DIFGC) I ,NION IRIBUNL ADS FOR PI 'HI I(' IIL.ARING NOTICES 218457 12 IS'2007 952.70 SDG&.F STRIA. 1.1)R ISION 218458 12'18:1007 52,389.21 SOLANA CF NI I'.R RECYC:I FI) I'I(OMO I ZONAL ITEMS 218459 12:18.2001 2,610.00 STEVENSON CALPFRA ( ()NFIRLNCE MONTERREY 218460 12'18;2007 880.10 STEVENSON LABOR CON► 1.RI NCE 2) 8461 1218 200, 65 99 STEVUNSON GOVERNMFNIAI PURPOSES 218462 12,18:200/ 19.95 SUN BADGE COMPANY INC REPAIR,RFBAN''NFR ItADGES 218463 I2 18/200/ 76.60 SWLLTWATER AUTHOR!! Y WAS FEWATER DIVISION 718461 12'182007 204 75 AKL CHARGE FI FNF.SS GROUP FITNESS JN.STR11(:7ION 718465 12'18;2007 140.00 THE 1RI:HORCo 'RAI1ICCONES 218466 12'18/2007 2,15959 TIIC)MSON III:ALI HCARE DMS -!008 LDITION PDR 21846'; 12. 18.2007 5995 IRIS] ARRISK MANAGFMEN1 RF.IML;'CITY OFNCCLAIMS (:KS 2Ix468 12,18/2007 62.175 75 UNDERGR011NI) SI:RV ,\LI.RT LtNDF.R(,ROUNI) SVC ALERT CHGS 218469 12%18/2007 158.40 US STERLING CA Al. CORP TRADE SI 11 I INC, 1 1;17107-I 1/23,07 218470 17'18/2007 193 27 USA FEDERAL CREDI 1 I'NION REFUND OF HANNI R ADMIN FEE 218471 12:l8'2007 1,975.00 VASQUJEZ TRIO PIiRFORMAN( L 218472 12'I8/200/ 375.00 VERMMEF.R CALIFORNIA INC GOVERNOR AsSF.MBLY 218473 12•1)0007 349.34 WOOD & W(X)I) C1.AIM,ERISRIF V (TIN OF N C 218474 12/18:2007 13,352 71 W(X)D & WOOD CLAIMJGON7AI I./ A V OFFICER 218475 I ,!18/7007 10.271 54 WOUI) & W,OOD ('LA(M'FI ORES ,\ \' IC PI:NNEY 218476 17 18,200/ 7,29853 Total 594,795.20 (.11v of National City \"ARRAN1 REGISTERM25 12/18/2007 PAY 1•:F. DESCRIPTION Workers compensation checks (:11K NO DATE .MOUNT 1421S 1 2. 1 1/2007 24;19 14219 12, I I /200 7 259 14 14220 12- I 1 /2007 100 00 14221 11'11/2007 5.00 14222 12/12/2007 1,059 3( 14223 1211 2,2007 37 48 14221 12,12/200/ 4'10Oa 1422) 12/12/2001 2i i 00 14226 12'12/200/ 374 t 14227 12/12/200' .11i)nu 14228 12,12/2007 410 00 14229 12%12/2007 S 1.03 14230 12'1_1/2007 1408.44 14231 12/12/2007 4G5.49 14232 12'I2/2007 157.4593 14233 12, 12'2007 96 20 14234 17'12/2007 8851 14235 12/12/2007 150 US 1423( 12'1212007 1.4189 I4237 12 12/2007 127 41 14238 12 13,20n7 116 /• 14239 12,13/2001 1424i) 1 ?• 13/2007 S MKS' 1424l 12 13/_'l1U' 1NR 9' PAYEE DESCRJP I ION City of National City WARRAVI RI1 ISTER it 25 12/1 K/2007 PAN ROI.1. PIN p'rw i Start Date 1'.nd I)ak Chccl, Datc 25 11 /20/2007 12/3/2007 12/ 12/200 7 (.IIK No I)AfE AMOUNT 112.17 1 2,1 1 )007 146 07 1421 t 12' 14'2007 13 G0 14244 17-14')001 199.09 142,1) 1 2: 14/2007 100 73 147.16 12;14'2007 8 04 1474) 12,14 2007 202 09 1424x 1 2i14,20(17 27 84 14749 12,14/2007 370.96 14 .).'0 12. 14. 2007 S6 13 141I 12.14/2007 740 14252 12 14/2007 17) 16 14253 12,14 2007 110 ) 1 14254 1 2. 14.2007 250 00 14255 12. 14-20(') )4 )0 14256 12,14;200/ (14 /9 14?57 12.14. )00/ /4 )0 147S 12 14;)011/ 101 89 1 otal 18,366.50 Total 613,161.70 Total 874,924.92 GR 1np TOTAI. 1,488,086.62 City of National City Warrant Register # 25 12/18/2007 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAI OUTLAY 109 GAS TAXES FUND 115 PARK & REC CAPITAL OUTLAY FUND 125 SEWER SERVICE FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 S FOP PROJECT 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 254 LEAD -BASED PAINT HAZARD REDUC I ION GRANT 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D B.G 302 CDC PAYMENTS 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEI IICLE SVC FUND /25 PLANNING 961 .346 28 33,933 27 19./10 /7 980 11 /,428 23 307 70 1 /.600 93 2.473.34 726 60 389.07 4,/91 00 524.54 9.957 88 800.72 135 00 2,842 95 21.231 13 3,489 32 17.764 41 3.444 S4 1,17087 5,351 49 36,477 09 5.593 17 46,848.55 51000 71,634.10 130,743.42 8./91 60 4,200.47 /.976 07 2,815.71 15,606 45 38,514 84 1,975 00 Total $ 1,488,086.62 City of National City, California COUNCIL AGENDA STATEMENT .FETING DATE January 22, 2008 AGENDA ITEM NO. 10 ITEM TITLE Warrant Register # 26 for the period of 12/19/07 through 12/25/07 in the Amount of $245,448.30 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXT Jeanette Ladrido EXPLANATION 61 J-336- 031 Per Government Section Code 37208, attached are the warrants issued for the period of 12/19/07 through 12/25/07. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation L. Razo & P. Corson 218477 125,000.00 Liability Claim 1 Environmental Review 4' N/A MIS Approval Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Not applicable. BOARD f_CIi OMISDION RECOMMENDATION Ratification of NarrantsAn the amount of $,245,448.30 Sk ATTACHMENTS ( Listed Below ) Resolution No. 1. Warrant Register #26 A.2001Hev 7/03) PAYEE. LETICIA RAZO & PAUL CORSON, AIRGAS- WEST City of National City WARRANT REGISTER # 26 12/25/2007 DESCRIPTION LIABILITY CI AIM COSTS MOP n45714 DRIVERS GLOVES AMERIC'AN ROTARY BROOM CO , INC MOP #62683 SW1-.EPER PARTS AT&l'/MC'1 13001 WORLD PHONE 337 257-0757 10/01-1 1/06/07 BOOTS - FLORES & CHAVEZ ('AI.IFORNIA COMMER(.'IAI. SEC'1 'RITY MOP #45754 PROXIMITY READER (. AI.IFORNIA ELECTRIC' SUPPLY CFR CHEVRON USA, INC. "'TY OF CI II.' A VISTA CITY- WII)F ELECTRONICS CORPORATE EXPRESS DIXIFI.INE LUMBER CO. F.DAWV INC MOP #45698 FI.ECTRICAL MA'I L•RIAI CONDLMNA I ION PRACTICE MOT' #45699 FUEL ANIMA! . SFIELTER COSTS Al. ARM MONITORING SERVICES MOP 45704 OFFICE SUPPLIES MOP 45707 PAIMiNG SUI'PI.IFS HOUSING ELLMENI WORK ENVIRONMEN I -AL RI(('OVFRY SERVICI DRUM OF LEAD I)1IST ESGIL CORPORATION ESGIL CORPORATION ESGIL CORPORATION FLORES GON/.AI ES GRAINGER CARL AI)AMS II111LDING OFFICIAL PLAZA BONIIA FIRE REVIEWS FIRE PLAN CHECKS SUBSISTENCE & TRAVEL/INVEST S('I ISISTFNCE/SEMINAR MOP P65I 79 CABINET HOTSY EQUIPMENT COMPANY OF SD ITEM #1887, A,'R WATER SEAI. KIT NTLK'S NIII(SLRY INC IIYI)ROSCAPE PRODUCTS INC. IKON OFFICE SOI 11TIONS MOP #45719 MATERIALS MOP #45720 ROTOR, PVC PRIMER COPIER MAIN ILNANCE & SI APPLIES CHK NO 218477 218478 218479 218480 218481 218482 218483 218484 218485 218486 218487 218488 218489 218490 218491 218492 218491 218494 218495 218496 218497 218498 218499 218500 218501 DATE. 12/19/2007 12/25/2007 12/25.'2007 12/25/2007 12/25/2007 12/25/2007 12/25/2007 12/25/2007 12/25/2007 12/25/2007 12/25/2007 12/2 S/2007 12.'25/2007 12/25/2007 12/25/2007 12/2S/2007 12/25/2007 12/25/2007 12/25/2007 12/25/2007 12/25/2007 12/25/2007 12/25/2007 12/25/2007 12/25/2007 AMOUNT 125,000.00 7.26 617.23 862.84 762.81 568.61 440.91 274 09 649.88 16,372.92 195.00 576.44 1 15.59 2,500.00 5,135.60 8,417.50 1,300.00 1,050.00 207.67 150.00 981.73 291 61 533.07 1,726.08 6,362.87 PAYEE LASER SAVER INC LOPEZ City of National City WARRANT REGISTER # 26 12/25/2007 • DESCRIPTION CHK NO DATE AMOUNT MOP 445725 PRINTER CARTRDIGES 218502 12/25/2007 217.18 TRANSLATION SERVICES 218503 12/25/2007 100.00 MASONS SAW & LAWNMOWER SR VC MOP #45729 MOWER PARTS 218504 12/25/2007 204.88 MON TOWER KONE. INC REPAIRS/MAINTENANCE ELEVATOR 218505 12/25;2007 1,190.71 MX LOGIC. INC MAII. FILTER ANT) WEB FILTER SVC 218506 12/25/2001 441.00 NATIONAI. CITY CAR WASH CAR WASHES 218507 12/25/2007 264.00 NATIONAI. CITY 1)E.TAI1. SHOP MOP #45737 DE.TAII. & CI.F.AN 218508 12/25/2007 190.00 NC' SENIOR NIITRITION I'ROt CRAMS FRUIT I'I.AITF.R. COOKIES, PUNCH 218509 12/25/2007 330.00 ONE. SOURCF. DISTRIBIJTORS MOP #67256 F.I.F.CTRICAI. MATERIAI 218510 12/25/2007 2,568 35 ORIENTAL TRADING, CO.. INC. S.ANTA & ME PHOTO MAGNET KITS 21851 I 12/25/2007 98.1 S- OUCHI'S POWER EQUIPMENT MOP #45740 LEVER ASSEMBLY 218512 12/25/2007 308.17 P & D CONSULTANTS INC HOUSING ELEMENT WORK 218513 12/25/2007 1,591.35 PARMA 2008 PARMA MEMBERSHIP 218514 12/25/2007 100.00 PLACE OFIICLRS RESEARCH PORAC/PEACE OFFICER RESEARCH 218515 12/25/2007 90.00 PERI' SENIOR MANAGEMENT INSTITUTE 218516 12/25/2007 7,550.00 PERRY FORD MOP #45703 WHEEL ALIGNMENT 218517 12/25/2007 1,088.74 PERVO 'I RALFIC ('EN l ER MOP t+63846 TELLSPAR RIVETS 218518 I115/2007 783.61 PM W ASSOCIA TES REGISTRATION/SEMINAR 218519 12/25/2007 398.00 PORAC LEUAI DEFENSE' IUND LEGAL DEFENSE FUND 218520 12/25/2007 108.00 I'OWFRSIRIDE BA•1 11:1<Y 1 11 INC MOP rt67839 BATTERY 218521 12/25/2007 157.25 PRIMA (RAINING 21x522 12/25/2007 35000 PRUDENTIAL OVERALL SUPPI.Y MOP 45742 CLEANING SERVICES 218523 12/25/2007 523 11 R.J. SAFETY SUPPLY SURVEYOR VEST W/MESH BACK 218524 12/25/2007 94.6 RAY ALLEN MEG INC BODY SUIT PANTS 218525 12,'25/2007 705 00 SAN DIEGO MIR.A:MAR COLLEGE TUITION/TRAINING 218.526 12/25/2007 30 00 PAYEE SAN DIEGO UNION I RIEIUNE SD BMW MOTORCYCLES SHRED FORCE: SMART& FINAL SOUTHLAND AUTO BODY SOUTHWEST SIGNAI SERVICE, INC. SWEVIWATER AUTHORITY I'S & SIGNS THIRD DEGREE COMMUNICATIONS City of National City WARRANT REGISTER # 26 12/25/2007 DESCRIPTION CHK NO DATE. AMOUNT I'IJISI.I(: IILA RING NOTICFS/PI.N CON 218527 12/25/2007 857.70 MAINTENANCE OF CITY VF.I!ICI .ES 218528 12/25/2007 2,219.38 MONIHEY SHREDDING 218529 12/25/2007 72.95 MOP 45756 JANI FOR IAI. SUI'I'I.1YS 218530 12/25/20(17 100.11 LABOR, BODY WORK 218531 12/25/2007 339 35 I RAI FIC SIGNAI ./S TRFT: T LIGHTING 218532 12/25/2007 7,308.80 FACULTIES DIVISION 218533 12/25/2007 26.668.59 67 T-SHIRTS OF DIFFER I{N I COI ORS 218534 12/25/2007 931.48 REGISTRATION/SEMINAR 218535 12/25/2007 295.00 S BANK CORPORATE PAYMENT SYS CREDIT CARD FEES/POLICE 2185 i6 12/25/2007 1,348 21 UNION TRIBUNE PUBLISHING CO SUBSCRIPTION OF NEWSPAPER 218537 12/25/2007 30.24 VALLEY INDUSTRIAL SPEC'IALIILS MOP n16453 PLUMBING SUPPLIES 218538 12/25/2007 949.28 WATERLINE. TFCIINOI.OGII.S CHEMICALS I'OR MUNICIPAL POOL 218539 12/25/2007 1.086.73 WESTFLEX INDIISTRIAI. MOP #63850 AUTOMOBILE PLUGS 218540 12/25/2007 15.88 WILLY'S ELECTRONIC SI IPPI.Y MOP #45763 ELL(' 1 RIC'A1, MATERIAI 218541 12/25/2007 55 92 Workers compensation checks Total S236,861.51 14259 12/17/2007 130.74 14260 12/17/2007 196.55 14261 12/17/2007 9671 14262 12/17/2007 728 92 14263 12/17/2007 624 05 14264 12/ 1 7/2007 156.25 14265 12/17/2007 80.50 PAYEE City of National City WARRANT REGISTER // 26 12/25/2007 DESCRIPTION CIIK NO HATE AMOUNT 14266 12/17/2007 76.34 14267 1 2/1 7,2007 454 85 14268 12/17/2007 54 025 14269 12/17/2007 128 72 14270 12/17/2007 345 50 14271 12'17 2007 141.10 14272 12/17/2007 176 58 14273 12/17/2007 190.04 14274 12/17/2007 9G.20 14275 12/ 17/20117 183.34 14276 12/1 7,2007 92.34 14277 12/17.2007 74A9 14278 12/17/2007 102 64 14279 12/17/2007 7449 14280 12:17/2007 74.49 14281 12.' 17/2007 (0 46 14282 12/17/2007 74.49 14283 12/17/2007 55.21 14284 12:1-//2007 54 08 11285 12/17/2007 252 19 PAYEE City of ]National City WAKRAN'IREGISTER # 26 12/25/2007 DESCRIPTION CHK NO DATE AMOUNT 14286 12/ 17/2007 227 03 14287 12/ 19/2007 370 00 1428R 12/19/2007 400.00 14289 12/19/2007 651.81 14290 12/19/2007 16.63 14291 12/ 19/2007 506.00 14292 12/ 19/2007 110.09 14293 12/ 19/2007 400.00 14294 12/19/20(17 440.00 14295 12/19/2007 400.00 14296 12/19/2007 32.30 14297 12/19/2007 62.29 14298 12/20/2007 148.84 14299 12/20/2007 35 40 14300 12/20/2007 I 1 05 Total 58,586.79 Grand Total S 245,448.30 City of National City Warrant Register # 26 12/25/2007 001 GENERAL FUND 39.906.72 105 PARKS MAINTENANCE FUND 3,866 33 109 GAS TAXES FUND 383.73 111 P.O.S.T. FUND 755.67 120 PLAN CHECKING REVOLVING FUND 10,767.50 125 SEWER SERVICE FUND 24.36 131 ASSET FORFEITURE FUND 8,255 00 159 GENERAL PLAN UPDATE RESERVE 4,091.35 302 CDC PAYMENTS 420.54 320 LIBRARY GRANTS 98.15 626 FACILITIES MAINT FUND 29.117 92 627 LIABILITY INS. FUND 134,036.79 628 GENERAL SERVICES FUND 6.362.87 629 INFORMATION SYSTEMS MAINTENANC 441.00 631 TELECOMMUNICATIONS REVOLVING 862 84 643 MOTOR VEHICLE SVC FUND 6,057.53 Total 245,448.30 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2008 AGENDA ITEM NO. ii ITEM TITLE Public Hearing - Appeal of Planning Commission's Denial of a Conditional Use Permit fora Wireless Communications Facility at 1548 Highland Avenue. Applicant: Sprint/Nextel Anne Wulftange. Case File No. 2007-20 ('1 IP (APN 560-131-19) M.F PREPARED BY Michael Fellows, 336-4315 DEPARTMENT Planning EXPLANATION The project site is at 1548 Highland Avenue, on the northwest corner of Highland Avenue and 16th Street, in the General Commercial inne. The site includes an older, 2,000 square foot, single -story structure, which is currently used as Ptaia Donuts. Neighboring uses include an apartment building to the west and retail uses to the north, east, and south. The applicant proposes to install a wireless facility on -site by constructing a parapet wall around the entire perimeter of the existing rootline and installing fifteen antennas within the parapet. The parapet extension would range from 2 '/• to 8-feet high. Additional construction would include an equipment shelter, trash enclosure, and masonry wall beneath the existing carport at the rear of the building. On July 16. 2007 the Planning Commission held a public hearing to consider this Conditional Use Permit. Considering concerns from the existing tenant, the Commission voted to continue the item to provide the applicant time to explore an alternate location for the equipment shelter. I he item was further continued to November 5 and December 3, 2007. At the December 3, 2007 hearing, the Commission voted to deny the Conditional Use Permit due to the impacts to the existing use due to: Proximity of the equipment to the rear door, Relocation of the trash enclosure and the potential for negative odors to enter the food service facility. Installation of equipment will impact the ongoing operation of the existing tenant, Opportunity for future redevelopment may be limited because the commitment to a long term lease, and Lxploration of alternate sites that would provide comparable coverage has not been adequate \ Afterwards, the applicant appealed the Planning Commission decision and provided the attached letter to Council. Environmental Review _NIA Lxempt Financial Statement N/A STAFF RECOMMENDATION RCP Staff concurs with the Planning Commission and recommends that the project be denied. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended denial of the Conditional Use Permit. Ayes - Alvarado. Del.aPa/, Flores, Baca Nays - Reynolds Absent - Carrillo, Pruitt ATTACHMENTS ( Listed Below) Resolution No. I. Background Report with Findings and 4. Site Photos 7. Comment Letters Conditions of Approval 5. Applicant's Plans (Exhibit A) 2. Planning Commission Resolution 67-2007 6. Applicant's Appeal letter 3. Location Map A•200(9/99) BACKGROUND REPORT PROJECT SITE The project site is located at 1548 Highland Avenue in the General Commercial zone, at the northwest corner of Highland Avenue and I6th Street. The site includes a 2,000 square foot, single - story, flat -roofed structure on the corner of the lot, with parking on the north and west sides. The building fronts on Highland Avenue and includes a carport cover above a loading dock, trash enclosure, and several parking spaces at the rear of the building. The existing building, trash enclosure, and parking lot arc in need of repair. The purple painted band extending around the perimeter of the roof facade is weathered and the building exterior is discolored by paint used to cover graffiti. The parking lot surface has extensive cracks and the parking spaces are unidentifiable. The building is currently occupied by Plaza Donuts. Neighboring uses include an apartment building to the west and retail uses to the north, east, and south. PROPOSAI. The applicant proposes to install a wireless facility on the site. The proposal includes constructing a parapet wall extension on top of the building's roof and installing fifteen antennas within the interior of the parapet (Attachment 5). The parapet would range from 2 'h to 8-feet high and extend around the entire perimeter of the roof. The parapet would be stuccoed and color coated to match the existing building, have a sloped roof covercxl with mission tile, and varying heights as shown on the attached plans. Equipment cabinets to support the antennas are proposed within a 246 square -foot equipment shelter at the rear of the structure under the north end of the existing carport. The applicant also proposes to replace the existing trash enclosure with a new enclosure approximately 20 inches to the north from the existing location, and construct an 18-foot long by 6-tbot tall masonry wall beneath the carport along 16t Street to screen the carport area from the right-of-way. ANALYSIS Construction of the parapet wall would enhance the building's aesthetics by providing vertical wall articulation and plane variation to the square, box -like structure. As proposed, the antennas would not be visible from surrounding areas, since they would be located within the parapet and would not extend above it. However, the structure and site conditions are in need of renovation and general maintenance. Installation of the roof parapet and equipment enclosure would result in a sharp contrast with older portions of the building. Maintenance of the site has been included as additional Conditions of Approval. 1 The proposed location of the trash enclosure and equipment shelter would restrict access to the loading dock at the rear of the site. The south side of the dock would he obstructed by a post and new trash enclosure and the remaining parking space on the north side would he too narrow for delivery trucks and other automobiles. This would result in delivery trucks having to park in the site's other parking spaces or one-way driveway to unload deliveries, blocking traffic on the site. In addition, while the new trash enclosure would he an improvement to the site, as the current one is in poor condition, access to the trash enclosure would be obstructed by an existing support post for the carport. This would necessitate additional maneuvering of the trash container to allow for disposal. The existing parking lot does not currently meet City standards. in response to staffs request, the applicant submitted a revised site plan to re -stripe the parking lot to attempt to meet current parking standards. The proposed plan provides eight spaces on -site, including 1 covered space beneath the carport, adjacent to the new wall. As Land Use Code Section 18.58.290 requires eight uncovered spaces, the Code's requirements for number of spaces would be met. However, the space identified on the site plan as being handicap accessible does not meet California Accessibility Requirements. in response, a Condition of Approval was added requiring the applicant to prepare a revised site plan meeting both City parking standards and California Accessibility Requirements within 45 days of project approval. The applicant acknowledged an attempt to co -locate at another existing wireless site at 1019 Highland Avenue in the South Bay Plaza, but felt their coverage objective would not be met at that location. A copy of the co -location map has been attached. Planning Commission !fearing Planning C.'ommission first held a public hearing to consider the Conditional t )se Perrmit application on July 16, 2007. At that hearing, the existing tenant requested that the location of the equipment shelter be moved to avoid conflict with the loading dock and the delivery of supplies and materials. The Coinrnission continued the item to September 17, 2007 to provide the applicant with time to explore an alternate location for the equipment shelter. At the September 17 hearing, the applicant requested additional time to work with the owner and current tenant on the proposed design. The item was continued further to November 5, 2007 at the applicant's request, and to December 3rd to allow staff time to analyse revised plans and provide comment. At the December 3, 2007 hearing, the existing tenant expressed concerns about the potential closure of the business during construction, Toss of a covered parking space, and proximity of the trash enclosure to the rear door of the business. 'Ilse Planning Commission voted to deny this Conditional Use Permit application based on findings that the proposed use will have an adverse effect on the operation of the existing business, and the proposed use has not been determined to he essential and desirable to the public convenience or welfare (see attached resolution). Comment letters from community members have been attached for Council review. 2 RECOMMENDED FINDINGS FOR APPROVAL That the site for the proposed use is adequate in size and shape, since the proposed antennasS and parapet wall would be constructed on an existing building, the antennas would be incorporated within the roof -mounted parapet, and the 246 square -foot equipment shelter addition is relatively small to the existing 2000 square -foot building. 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 facility is accessed from a major street, only expected to generate one to two trips per month for maintenance staff, and would to have little impact on existing traffic volumes. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the parapet wall and antennas would add 8-feet in height to an existing building in a zone with no height limit and since the surrounding retail and multi -family development is of similar height. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Sprint Nextel communications network, resulting in enhanced service for its customers. 3 RECOMMENDED CONDITIONS OF APPROVAL 1. This Conditional Use Permit authorizes installation of a wireless communications facility at 1548 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. 2007-20 CUP, dated November 16, 2007. The building plans must substantially conform to the design for installation shown on the approved plans. 2. The perniittee shall not object to co -location of additional facilities of other communication companies and sharing the project site, provided such shared use docs not result in substantial technical or quality -of -service impairment for the permitted use. in the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining uscr. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 3. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall he removed prior to installation of new replacement facilities. 4. Building plans shall note that all antennas and rooftop equipment shall be painted to match the exterior of the building, and meet Codc Section 18.86 with regard to screening of all rooftop equipment, and antennas installed on the building facade shall not extend above the height of the parapet wall, as reflected on the approved plans and shall be indicated on the building plans. 5. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review to the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City of National City Storm Water Best Management Practices of the Jurisdictional Urban Water Runoff Management Program (JURMP) approved SUSMP documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall he prepared by a registered Civil Engineer. 6. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan for the project. An approved SWPPP will he required prior to issuing of a construction permit. 7. The deteriorated portions of the existing street improvements (sidewalk 70') along the property frontages shall he removed and replaced. 8. A permit shall be obtained from the Engineering Departrnent for all improvement work within the public right-of-way, and any grading construction on private property. 9. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Codc, the California Electrical Code, and California Title 24 energy and handicapped regulations. 10. Project shall he designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 4 11. 'television cable companies shall be notified a minimum of 48 hours prior to lilting of cable trenches. 12. The entire building shall be repainted and the facade must be repaired or enhanced around the perimeter and shall he indicated on the building plans prior to Certificate of Occupancy. 13. The details of the masonry trash enclosure shall be identified on the building plans and shall be constructed to meet City trash enclosure design guidelines. 14. A revised site plan meeting City and California Accessibility Requirements shall be submitted to the Planning Department within 45 days of approval for review and approval. 15. The parking lot shall he patched, surfaccxl, and striped in accordance City Standards and handicap accessibility requirements prior to Certificate of Occupancy. A striping plan shall be submitted with the building plans. 16. Within lour (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental tiling fees for the San Diego County Clerk. Checks shall he made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing tee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 17. 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 imposexl upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 31) 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 infonnation that conditions imposed by approval of the Conditional Ilse 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. 18. 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. 5 RESOLUTION NO. 67-2007 A RESOLUTION OF THE PI,ANNING COMMISSION OF "111 E CiTY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR A WiRE:LFSS COMMUNICATIONS FACILITY AT PLAZA DONII I'S AT 1548 HIGHLAND AVENUE (APN: 560-131-19) APPLICANT: SPRINT NFXTEL CAS[-: FiLE NO. 2007-20 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless conununications facility at Plaza Donuts at 1548 Highland Avenue at a duly advertised public hearing held on July 16, 2007 and continued to the meetings of September 17, November 5, and December 3, 2007 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. 2007-20 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS. the action recited herein is found to he 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 16, 2007 and continued to the meetings of September 17, November 5, and December 3, 2007 fail to support findings, required by the Municipal Code for granting any conditional use permit that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemcxl essential and desirable to the public convenience or welfare. BF IT FURL HER RESOLVED by the City 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 December 3, 2007 supports the following findings: That the proposed use will have an adverse effect upon the existing use by limiting access to the building for deliveries because the proposed project would relocate parking for the tenant including the loading area, other adequate parking within close proximity to the loading dock is not available, and the overall parking would he reduced and negatively impacted due to the reconfiguration because loading and deliveries would occur in the parking lot area, blocking traffic flow and parking access. 6 2. That the close proximity of the equipment shelter to the rear door of the building (within 10 feet) will create constant noise and vibration which will he detrimental to the operation of the donut shop and the comti 1 of the patrons since the door is frequently open to allow for necessary ventilation. 3. The relocation of the trash enclosure closer to the rear door would create the potential for negative odors to enter the food service facility. 4. •The installation of the wireless facilities and the improvements to the site will necessitate the existing tenant to discontinue operation for an unspecified period of time which would he detrimental to the small business owner, would severely impact the ability to continue operation, and an unused building may attract criminal activity. The proposed use may limit the opportunity for future redevelopment of the site by restricting the area available for site improvements since a portion ot'the site would be committed to a long-term lease for a use not in furtherance of General Plan goals. 6. The proposed use has not been determined to be essential and desirable to the public convenience or welfare because it has been documented that only one other site was explored and other sites that would provide comparable service coverage have nut been adequately explored. RE IT FURTHER RESOLVED that the Planning Commission denies said application for Conditional Ilse Permit. Rh: I I. I URTIIER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE 11 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. The time within which judicial review of this decision may he sought is governed by the provisions of Code of Civil Procedures Section 1094.6. 7 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 17, 2007, by the following vote: AYES: Alvarado, Baca, Flores, Reynolds, DeLaPaz NAYS: ABSENT: Carrillo ABSTAIN: Pruitt CHAIRWOMAN 8 r RM-1-PD r 1510 /l t\ 1 r r r..! r ' ' 1 r r 1 442 Aso East ,‘60 sheet o 1 0 \ T. \ 1 s \ \ RM-1 ` \ \\ -PD \\ 1 \ \ \ \ \ 10' 0 1'00 00 Feet 610 C RS-2 CP r PROJECT LOCATION ZONE BOUNDARY LOCATION MAP 2007-20 CUP Conditional Use Permit for a Wireless Communications Facility at an Existing Business at 1548 Highland Avenue NATIONAL CI9TY PLANNING DRN. DATE: 11/20/07 INITIAL HEARING: 7/16/07 to Photographs — Plaza Donut. 1548 highland Avenue (2007-20 CUP) Figure 1: Looking West across Highland Avenue at site proposed for parapet wall and 15 cell phone antennas Figure 2: Looking North across 16th Street at the project site 10 te Photographs — Plaza Donut. 1548 Highland Avenue (2007-20 CUP) Figure 3: Looking East at rear of project site where a cellular equipment shelter is proposed to be located Figure 4: Looking Southeast from parking lot at the Northern face of the project site 11 Site Photographs — Plaza Doni 1548 Highland Avenue (2007-20 CUP) Figure 4: Looking at damaged facade Figure 4: Looking at damaged trash enclosure 12 Sprint \) I Together with NEXTEL CA7481 D MABUHAY 1548 HIGHLAND AVE, NATIONAL CITY, CA 91950 J_ DIRECTI ilI I I NATIONAL CIT1' PLA.NNIN( DEPT. EXHIRIf A CASE FILE. NO.:OH7_20 CLP D.TT Ii'16,:eu7 { TO {IT! 1 A►PYiDt! CODE{ SITE —�� VICINITY MAP 1.2.2,412 1., ..•:131 CLIENT APPROVALS J CONSULTANT TRAM 0. 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"0 0.09 524 11.,..0 • 11,001 of t• • tOC. • •.• NCt .rot ••••,Pon • • Ott evrt• lot /ow. :wt.' • •00 avt .1.2115 EP C., 0. 0.1 •••10 0 .01 .0 WO, • r • v •-• • ...C!, 04 • .,•• NC LI Vat. 01 .1,0•0 • .0, VV. •lor 0.11, PP. • :• • nor vv. • {rt.. von• •••At • 'Ms • . s.C• 1,410 *•01.1105011 • FEMA FLOOD 7GNE INFORMATION LE3END —1 Sprint )1° V3j001., a/th MerrEL SPIRO, . OILXTL 0.3•1. C • In:, t••041 VC. • •-• .• ot/S1r DCts,T3 2Ar.if 1.0 w.• ;r,i• [4ot .A'T — L cs, 7/25,,C7 I.•C• ,O,C1)(5:•1304 1. "eV, of •• 00l94eL0 3 WV . •0,-.10,01.. K Ol• tot., :an. Lt.. tr.D.• .1111 Ift 1 (1.9 I 1513% 3,•5 ••••I =LOYD SJRVEYING,INC. LS1 :u• • r. War 11.7t I.rn S•am11 J4 •<• `',•RR ti ••th Jwwc ug •W • i{If .I.rl ww•: a M..• t �' ••jr.Y`�. oms ..even •P . 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Sp) T>)•'t .EXTE_ S•4F 4Rill X 10n0. 0. OM 'A. .'.• <.••.• <>_.. ••)II_I •ry1••.TO•, 1: I M <• C .0,1 n .47 . fw••1• I •••. AtC•Cw • +• P I PL,ZA :Cn['i$ •• _ - :101 • a.,. K 4N<•.• coib•I. C•1<13'. b> L'Y 'MS..,•D. J ^ C,.Th -...•I2• St•! at[ '/ 25 NG =.h rta•[ GCS:.•. )•= I>=m 1 mrc r a• •w•.^a 1•,- t't.[ •<•I(. _. V•5 ••(0••[0 F ':•(\+ . ••:•rr'.4. •••) •A•rr Ca, 1.4 • 14. M•110lr 4 I11' N Y i IM 1!00. •; ;•• FLOYD SUPJEYING,INC. o•• C['IS �•[ II%••'Jl Y't 1Fm m :x STlr.;, ='E •=R•; IN -Cn V:. TIC`• hrLIT LS2 h SO•'- 2 CF '• .[H w.t:• T►getherwUthNEXTEL December 26, 2007 City Clerk CITY OF NATIONAL CITY PLANNING DEPARTMENT 1243 National City Blvd. National City, CA 91950 sprintNtxbel. 5761 Copley Dltre,Suate 100 Sin Mega, CA 92111 SUBJECT: Formal Appeal by Applicant Sprint-Nextel of the Planning Commission December 3, 2007 decision tirr CUP 2007-20: SprintiNextd "Mabuhav' Site, 1548 Highland Avenue. National City. CA 91950 (APN 560-131-19) To the City Clerk: Pcr National City Municipal Code Section 18.1 16.100. Sprint-Ncxtcl is hereby timely appealing the Planning Commission decision for CUP 2007-20 which resulted in denying Sprint- Nextel's application for conditional use permit to develop and maintain an unmanned wireless telecommunications facility at1548 Highland Avenue, National City, CA Per the Municipal Code, Sprint-Nextel is hereby submitting the appeal fee and this letter detailing the basis for the subject appeal. Background/Basis for Denial On December 3, the Planning Commission held an open hearing to decide whether to approve CUP 2007-20 a Conditional Use Permit application by the Applicant Sprint-Nextel. The Planning Commission, after holding the hearing, decided to deny CUP 2007-20 on the hasis that: 1) The facility would he located too close to a school: 2) Mr. Kitagawa, a nearby apartment building owner submitted a letter to the Planning Commission stating his concerns, which primarily focus on the fact that the proposed antennas will project RF frequencies towards his building: and 3) Keith Jones. a tenant ut the subject commercial property raised the following concerns a) his parking spot would he relocated, b) proximity of shelter location to the rear door entrance of his business, and c) installation of his facility would prevent him from conducting business for 3 months These reasons were provided orally by the Planning Commission at the subject hearing and are provided in the Planning Commission Minutes (attached hereto as Exhibit A). Sprint- Nextel is respectfully appealing this decision because the Planning Commission's basis for denial does not conform to the requirements provided under National City Municipal Code Section 1R I16.020. 22 Discussion/Basis for Approval National City Municipal Code Section 18.1 16.020 provides: "Before any conditional use permit is granted, the applicant shall show the existence of the following facts: A. That the site for the proposed use is adequate in size and shape; and B. 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 C. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and D. That the proposed use is deemed essential and desirable to the public convenience or welfare. (Ord. 1503 § I (pan), 1976: NCLUC § 990- 5.02:01)" This statute means that the Planning Commission is limited to denying a project based on the above -listed elements. As discussed below, the Planning Commission denied the project for reasons unrelated to the requirements of the code. Specifically, the Planning Commission denied the project on the following grounds: 1) The facility would be located too close to a school; 2) Mr. Kitagawa, a nearby apartment building owner submitted a letter to the planning commission stating his concerns, which primarily focus on the fact that the proposed antennas will project RF frequencies towards his building; and 3) Keith Jones, a tcnant at the subject commercial property raised the following concerns a) his parking spot would be relocated, b) proximity of shelter location to the rear door entrance of his business, and c) installation of his facility would prevent him from conducting business for 3 months. Sprint-Nextel is appealing the Planning Commission's decision on the basis that the Planning Commission failed to abide by 18.116.020 and instead based the decision on health effects, an area wholly preempted by federal regulation or failed to weigh the benefits of the project against minor potential effects on nearby properties. 1. Proximity to a School is not a Valid Basis to Deny a Conditional Permit Application for a Wireless Facility The Telecommunications Act of 1996 ("TCA"; 47 U.S.C. §332(c)) generally preserves local zoning authority over wireless telecommunications antennas for personal wireless service. However, the TCA spexiftcally provides that "No State or local goverrunent or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the ]Federal Communication] Commission's regulations concerning such cmissions.(47 U.S.C. 332(c)(7)(B)(iv).) The courts have been quite clear that this language means what it says, and that local 23 regulation of personal telecommunication services on the basis of health effects of RF emissions is preempted. (Cellular Phone Taskforcc v. F.C.C. (2nd Cir. 2000) 205 F.3d 82, cert. denied, 531 U.S. 1070, 121 S.Ct. 758, 148 l..Ed.2d 661; Telespectrum, Inc. v. Public Service Conunission of Kentucky (6th Cir. 2000) 227 F.3d 414.) Here, the Planning Commission's primary reason to deny thc project was because of proximity to a nearby school. The Planning Commission acknowledged that this concem stems from fears of potential health effects. There is no other plausible argument other than that the Planning Commission used health effects as a criteria in reaching a decision. Surely it was not concerned about the aesthetic impact to thc nearby school. There is also no evidence that the school representatives objected to the proposed facility because of aesthetic reasons. Therefore, the Planning Commission disregarded federal regulations when it denied the project based on health effects concerns relating to a nearby school's proximity. The hearing should have been based on the aesthetics of the proposed facility. The Staff Report, dated December 3, 2007, provides a planning assessment of the proposed project. In the staff report, it is clear that the proposed project would result in an aesthetic improvement to the building. According to the Report, "construction of the parapet wall referenced above would enhance the building's aesthetics by providing vertical wall articulation and plane variation to the square, box -like structure. The parapet would be stuccoed and color coated to match the existing building, have a sloped roof covered with mission tile, and varying heights as shown on the attached plans. As proposed, the antennas would not he visible from surrounding areas, since they would be attached within the parapet and would not extend above it." (Emphasis Added.) It is hard to imagine that the Planting Commission raised concerns relating to the proximity to a school for any reason other than health effects, a federally preempted issue. Based on the Staff Report, aesthetics could not he the reason for this concern. Moreover, the use of the subject property is commercial, and is already fully developed. Therefore, the Planning Commission decision should be reversed and reviewed based on factors not including any purported health effects. Il. Many wireless facilities in the vicinity is not a Valid Reason to Deny an Applicant's Conditional Use Permit Application for a Wireless Facility. The Planning Commission in denying CUP 2007-20 stated that is denying the project in part because "there are already many antennas in the area" (Stated by Commissioner Alvarado per the Minutes attached as Exhibit A). Sprint-Nextel contends that the amount of wireless facilities nearby is not a valid ground for denial. There are many wireless companies that each operate and maintain their own facilities. The different wireless companies have their own antennas and equipment. Wireless companies cannot share antennas and equipment. Therefore, the fact that other applicants have obtained CUPs to develop facilities in the vicinity is not a valid reason to deny the project. This basis of denial results in unfair treatment towards Sprint-Nextel as it precludes Sprint-Nextel from the ability to provide the same service to its customers that the other carriers have been afforded by National City. 3 24 A valid issue would have been whether Sprint-Nextel operates enough facilities nearby. Thc mere fact that Sprint-Nextel is proposing this facility demonstrates that it is unable to provide complete coverage in the vicinity. But the Planning Commission did not seek to address that issue, but rather made a blanket decision that there arc sufficient facilities in the area. Sprint- Nextel is entitled to the same rights that other wireless operators have received in National City. If anything, the fact that other wireless operators have received entitlements to construct and operate wireless facilities in the vicinity supports approval of CtJP 2007-20, to allow Sprint-Nextel equal rights and treatment as afforded to the other wireless companies operating in National City. Further, the proposed project will not have any visible antennas from the surrounding areas. Rather, the facility will enhance the aesthetic quality of the subject property, as provided in the Staff Report. Therefore, this basis for denial should not be supported by City Council. 111. Thc Concerns Raised by Kcith Jones and Mr. Kitagawa do not Amount to a Finding that the Facility will Create Adverse Effects to Surrounding Properties. Section 18.116.020 of the National City Municipal Code provides that the applicant must demonstrate that "That the proposed use will not have an adverse effect upon adjacent or abutting properties." I Jere, the Planning Commission denied Sprint-Nextel's project based on concerns raised by two individuals (See Minutes attached as Exhibit A). Keith Jones complained that approval of CUP 2007-20 will result in him having to use a different parking space. Mr. Jones further complained the trash enclosure will be moved closer to the rear door of his business and `installing the facility may mean he could not operate for up to three months." (Planning Commission Minutes). As provided in the Minutes, Keith Jones is a tenant operating a business at 1548 Highland Avenue. As a tenant, his rights stem from his lease agreement with the underlying landlord. Mr Jones' concern relating to a relocation of a parking space is not a valid ground to deny the project. A relocation of a tenant's parking space is a lease -related issue, not a Planning Commission issue. The Planning Commission is tasked with weighing the proposed benefits of the project with adverse effects. It is highly unreasonable to deny cellular service to multiple Sprint-Nextel consumers because it would result in a relocation of a parking space of a single tenant enjoys It should also be noted that Mr. Jones does not have an entitlement to the subject parking space. Certainly, the drafters of Section 18.116 of the National City Municipal Code did not contemplate that that subsection 20 would grant the Planning Commission authority to deny land use entitlements for such minor inconveniences, such as parking space relocation, to a single tenant resulting in denial of project that would benefit many individuals. Additionally, the City Council should discourage the Planning Commission from interfering in private lease agreements between landlords and tenants, especially over such insignificant matters as relocation of a non -entitlement parking space Sirnilarly, the Planning Commission, relied on Mr. Jones concerns relating to the proximity of the trash enclosure to the rear door of his business, to deny the project. Thc location of the trash enclosure is decided by the landlord not the tenant. Here, the landlord has entered into a lease with Sprint-Nextel and is accommodating Sprint-Nextel by allowing Sprint-Nextel to relocate the trash enclosure. However, the Planning Commission has allowed Mr. Jones, a tenant, to use its body as 4 25 a tool to dictate to the landlord where to locate items which are outside his lease agreement. This is not the purpose of the Planning Commission. Moreover, the Planning Commission failed to properly weigh the benefits of the proposed project against potential adverse effects. Otherwise it would have reached a decision that benefits multiple people because of tenant's complaint about a trash enclosure too close to the rear door of his business. The Staff Report, prepared by the planning department provided that the commercial property would improve aesthetically. The Staff Report also provided that Sprint-Nextel would upgrade the trash enclosure as the current one is in "poor condition (See Staff Report). Additionally, "the existing parking lot does not meet City standards; however, at staffs request, the applicant submitted a revised site plan to re -stripe the parking lot to meet current parking standards" (See Staff Repon). Lastly, per the Staff Report, the subject property would be further improved by the proposed project as the City will dictate other conditions of approval related to maintenance of the property. The applicant contends that it is highly unreasonable to suggest that approval of this project will result in Mr. Jones having to close down his business for three months. The construction phase usually lasts less than a week in will occur outside of Mr. Jones' lease space. Ile will still have access to his business as will other tenants. Minor constructions projects such as the one proposed, occurred on a daily basis and do not result in any significant detriments to tenants. Mr. Kitagawa was concerned that the antennas, which will be hidden by a proposed parapet, will shoot radio frequency waves directly into his apartment building. This concern could center around I) health effects on tenants - which is outside the scope of the Planning Commission or 2) physical affect on building- which is not a plausible concern as radio waves, such as these will not create any adverse effects to buildings. Both of these concerns have been addressed and explained. Neither of these concerns should serve as a basis for denial. 1V. Sprint-Nextcl Cannot Locate at an Alternative Location Sprint Nextcl has attempted to locate on several other sites before finding this location. Below is a list of landowners contacted in search of a viable location: 1548 Highland Avenue Epstein investments 1803 Highland Avenue - Youssef and Debra L Shahbaz 1810 Highland Avenue - White Byron F 2001 Revocable Trust 1825 Highland Avenue - Officer Family Partnership I.P 1835 Highland Avenue - Intonational Sign Company 1840 Highland Avenue - Alan and Candice Dodson 1902 Highland Avenue - Rodney and Joanna Smith 1903 Highland Avenue - Philip and Catherine Acquaro 1907 Highland Avenue - Maria G. Herrera 1919 Highland Avenue - Mary Forsyth 1940 Highland Avenue Edward E. Colson III Trust 1941 Highland Avenue - Hernandez 1701 D Avenue - Sweetwater Union High School District National City Middle School 5 26 Out of the 13 proposals to go out, Sprint received responses from Epstein Investments at 1548 Highland, the Middle School, Byron White at 1810 Iighland and the Smith's at 1902 Highland. It was later tound that the Smith residence had setback issues so that was no longer a viable candidate. The Middle School became the primary candidate and was denied at Planning Commission The Byron property had lease terms that Sprint Nextel could not agree to. No interest was received on any of the other locations. The subject property is a commercial lot. Height limitations or sethack requirements have been adhered. Per the Staff Report. approval of the project will result in the property being more aesthetic, better maintained and will Ix: improved so that (he property will comply with parking requirements. Conclusion Sprint-Nextel has been fervently working at developing a facility that will benefit residents and visitors of National City by providing them cell phone coverage and wi-li interim. lJnlortunatety, this proposed facility was wrongfully denied by the Planning Commission. The Planning Commission failed to disregard health effects as required under federal law. The other reasons for denial provided by the Planning Commission are also not appropriate as explained above. Therefore, Sprint-Ncxtcl respcxafully requests that the City Council of National City overturn the Planting Commission decision which denied CUP 2007-20 and grant CIJP 2007-20, as the Planning Department of National City recommended for the benefit of Sprint-Nextel customers visiting or residing in National City Sincerely, Anne Wulftange Site Acquisition Specialist Agent for Sprint Nextel Attachments. Exhibit 1 (Planning Commission Minutes) Exhibit 2 (Staff Report) 6 27 vwc..,.iwVl.r4ef'4-%�-4,�O!.... . Exhibit A CITY OF NATIONAL CITY PLANNING COMMISSION Civic Center, 1243 National City Blvd. MINUTES National City, CA 91950 (619) 336-4310 Meeting Date; December 3, 2007 Meeting Duration 6:00 p.m. to 7:08 p.m. These Minutes Have Been Abbreviated. Cassette Tape Recordings of the Full Proceedings are on File and Available to the Public. Agenda Items The Meeting was called to order by Chairwoman Pruitt at 6:00 p.m. Commissioners Alvarado, Baca. Roll Call Flores, Reynolds, DeLaPaz. Ab.sent: Carrillo. Pruitt Also Present: Senior Assistant City Attorney Claudia Silva, Principal Planner Peggy Chapin, Associate Planner Angela Reeder, Assistant ('ivil Engineer Adam Landa. Lcd by Commissioner Baca. Pledge of Allegiance Approval of Minutes 1. Motion by Reynolds. 2" i by Baca, for 1. Minutes of the Regular Meeting held on approval of the Minutes of the meeting November 19, 2007. of November 19, 2007. Motion carried by the following vote: Ayes: Alvarado, Baca, DeLaPaz, Flores, Reynolds. Absent: Carrillo, Pruitt. Motion by Reynolds, 2"'i by Alvarado. Approval of Agenda for approval of the Agenda. Motion carried by the following vote: Ayes: Alvarado, Baca, DcLaPai. Flores, Reynolds. Absent: Carrillo, Pruitt. Ifecember 3, 2007 28 None. Oral Communications Dcccmbcr 3, 2007 29 2. Anne Wulftange, Sprint-Nextel, 5761 Copley Drive, Suite 100, San Diego, stated that she has worked with the property owner and tenant and has read, understands and can comply with e onditions of approval. Commissioner Reynolds asked where the handicap parking space would be relocated. Ms. Wulftange stated that the space would be relocated to the north side of the parking lot and further stated that the property owner has discussed combining the parking lot with the adjacent property to make one parking lot. Commissioner Alvarado stated that this facility would be located close to a school and there are already many antennas in the area. Commissioner Baca asked about the letter received in opposition from Mr. Kitagawa and if his issues have been resolved and stated that this facility would be located close to a school. Keith Jones, tenant, Plaza Donuts, stated that his parking spot would have to be relocated to accommodate disabled access, the location of the equipment shelter blocks the rear door that the shop leaves open for ventilation, the trash enclosure would be moved closer, possibly causing odors, and installing the facility may mean he could not operate for up to three months. Motion by Reynolds, 2"d by Del.aPaa, to close the public hearing and approve 2007-20 CUP. Continued Public Hearing 2. Continued Public Hearing — Conditional Use Permit for a Wireless Communications Facility at Plaza Donuts at 1548 Highland Avenue. Applicant: Sprint-Ncxtel. Staff Report by Planning 'Technician Michael Fellows. Case File No. 2007-20 CUP. lkcember 3. 2007 30 Motion failed by the following vote: Ayes: Reynolds. Nays: Alvarado, Baca, DeLaPaz, Flores. Absent; Carrillo, Pruitt. Motion by Baca, 2nd by Alvarado, to close the public hearing and deny 2007-20 CUP. Motion carried by the following vote: Ayes: Alvarado, Baca, DeLaPaz, Flores. Absent: Carrillo, Pruitt. 3. A Resolution of denial will be on the next Agenda for adoption by the Commission. 4. Dr. Kamel Zayat, 9225 Dowdy Drive, Suite 220, San Diego, responded to Commissioners questions about need for pharmacy and office space and responded that 13 handicap spaces are available. 3. Resolution No. 64-2007. A Resolution of the Planning Commission of the City of National City, California, approving a Conditional Use Permit for a Wireless Communications Facility at Plaza Donuts at 1548 Highland Avenue. Applicant: Sprint-Nextel. Case File No. 2007-20 CUP. Public Hearings 4. Public Heating and Proposed Finding of No Significant Environmental Effect for a Planned Development Permit for a three- story office building including retail space and structured parking on an approximately 1-acre vacant lot on the north side of East 811' Street, West of V Avenue. Applicant: Kamel Zayat. Staff Report by Associate Planner Angela Reeder. Case File No. 2007-08 PD, IS. December 3, 2007 31 Micki Head, 836 Paradise Drive, questioned need for pharmacy as there are several in the neighborhood, and the need for a retail building as several office spaces are available to lease in the area now. She further expressed concern about traffic and how turn lane would alleviate the current conditions when trying to exit from Paradise Drive onto westbound 8`s Street. Commissioner DeLaPaz commented on the ingress/egress along 7th and 8th Streets and fact that there is no internal access between the two floors of the parking structure. Commissioners discussed if the need exists for medical offices and supporting IP zoned uses. It was stated that several existing medical offices in the area arc vacant and there does not seem to be a need for more. Motion by Flores, 2" `t by Baca, to close the public hearing and deny 2007-08 PD, IS based on findings that the proposed use is not deemed essential and desirable due to high volume of vacant medical office space available to lease, and that there is concern regarding parking, circulation and traffic. Motion carried by the following vote: Ayes: Alvarado, Baca, DeLaPaz, Flores, Reynolds. Absent: Carrillo, Pruitt. December 3, 2007 32 5. A Resolution of denial will be on the next Agenda for adoption by the Commission. 6. David Parot, 3035 E. 8'h Street, authorized agent for LCJI Delaware, LLC, stated that he has reviewed and aggress with conditions of approval. Commissioner Reynolds confirmed that this Parcel Map would supersede previous Commission approval in January. Motion by Reynolds, 2'd by Alvarado, to close the public hearing and approve 2007-57 LS based on required findings and subject to conditions of approval. Motion carved by the following vote: Ayes: Alvarado, Baca, DeLaPaz, Flores, Reynolds. Absent: Carrillo, Pruitt. 7. Motion by Reynolds, 2"d by Alvarado, to adopt Resolution No. 66-2007. Motion carried by the following vote: Ayes: Alvarado, Baca, DeLaPaz, Flores, Reynolds. Absent: Carrillo, Pruitt. 5. Resolution No. 65-2007. A Resolution of the Planning Commission of the City of National City, California, approving a Planned Development Permit and Proposed Finding of No Significant Environmental Effect for a three-story office building including retail space and structured parking on an approximately 1-acre vacant lot on the north side of East 8'h Street, west of V Avenue. Applicant: Kamel Zayat. Case File No. 2007-08 PD, IS. 6. Public Hearing — Tentative Parcel Map to create condominium ownership of two existing industrial buildings at the southeast comer of West 19t° Street and llaffley Avenue. Applicant: David B. Parot. Staff Report by Assistant Martin Reeder. Case File No. 2007-57 LS. 7. Resolution No. 66-2007. A Resolution of the Planning Commission of City of National City, California, approving a Tentative Parcel Map to create condominium ownership of two existing industrial buildings at the southeast e;omer of Wcst l9h Street and Ilaffley Avenue. Applicant: David B. Parot. Case File No. 2007-57 LS. December 1, 2007 33 8. Motion by Baca, 2°d by Flores to adopt 8. Adoption of 2008 Planning Commission 2008 Planning Commission Meeting Meeting Dates. dates. Motion carried by the following vote: Ayes: Alvarado, Baca, DeLaPaz, Flores, Reynolds. Absent: Carrillo, Pruitt. No Report. Senior Assistant City Attorney Principal Planner Peggy Chapin Principal Planner updated Commissioners on recent referrals of drainage at the Golf Course and car on Manchester. She also reported that the City Council took action to approve the Housing Element and Costco Commissioner Reynolds reported a Commissioners truck with no wheels on blocks at Carolino Construction offices at 8th and Harbison. He also requested that the Commission be informed of Council action, in particular of when Commission action is reversed. No Report Chairwoman 7:08 p.m. Adjournment CHAIRWOMAN I kccmber 3. 2007 34 Title: Exhibit B Item no. 2 December 3, 2007 PLANNING COMMISSION STAFF REPORT CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT PLAZA DONUTS AT 1548 HIGHLAND AVENUE Case File No.: 2007-20 CUP Location: Northwest Corner of Highland Avenue and 16th Street Assessor's Parcel No.: 560-131-19 Staff report by: Michael Fellows Applicant: Sprint Nextel Property owner: Epstein Investments Plans prepared by. Mitchell J. Architecture Combined Calera/ Plan/ General Commercial Zoning designation: Parcel size: 8,625 square -feet Adjacent land use/zoning: North: Shopping Center / General Commercial East: South: Auto Parts Retail Store across Highland Avenue / General Commeacial Check Cashing Facility across 16th Street / General Commercial West: Multi -Family Residential / General C,ommercia! Environmental review: Categorical Exemption, Class 1, Section 15301, Existing Facilities 35 BACKGROUND Proiect llistory On July 16, 2007 the Planning Commission held a public hearing to consider this Conditional Use Permit. At that hearing, the existing tenant requested that the location of the equipment shelter he moved to avoid conflict with the loading dock and the delivery of supplies and materials. The Commission continued the item to September 17, 2007 to provide the applicant with time to explore an altemate location for the equipment shelter. At the September 17 hearing, the applicant requested additional time to work with thc owner and current tenant on the proposed design. The item was continued further to November 5, 2007 at the applicant's request, and to December 3rd to allow staff time to analyze revised plans and provide comment. Site Characteristics The project site is located at 1548 Highland Avenue in the General Commercial zone at the northwest comer of Highland Avenue and 16th Street. The site includes a 2,000 square foot, single -story structure, 20-feet in height The current use is Plaza Donuts. Neighboring uses include an apartment building to the west and retail uses to the north, cast, and south. Proposed t )se The applicant proposes to install a cellular facility on -site. The proposal includes constructing a parapet wall extension on topof the existing building and installing fifteen antennas within the interior of the parapet. The parapet would range from 2-1/2 to 8-teet high and extend around the entire perimeter of the roof. Additional construction would include a 246 square -foot equipment shelter beneath an existing carport, a new trash enclosure 20 inches from the existing location, and construction of an 18-foot long by 6-foot tall masonry wall beneath the carport. Analysis This proposal is similar to the original one considered on July l6th. Proposed changes include the construction of a masonry wall beneath the carport along 16th Street to provide security for thc parking space used by the business owner and relocation of a trash enclosure 20 inches from the existing enclosure's location to provide adequate parking stall width. The property owner and applicant considered relocating the equipment shelter into a vacant suite on the adjacent parcel in response to the tenant's concerns, but dcxidcd this was not feasible because the suite is currently leased. Construction of thc parapet wall referenced above would enhance the building's aesthetics by providing vertical wall articulation and plane variation to the square, box -like structure. Thc parapet would be stuccoed and color coated to match the existing building, have a sloped roof covered with mission tile, and varying heights as shown on the attached plans. As proposed, the antennas would not be visible from surrounding areas, since they would be attachcd within thc parapet and would not extend above it. 36 The new trash enclosure would be an improvement to the site, as the current one is in poor condition; however, access to the trash enclosure would be obstructed by a support post for the carport necessitating moving the trash container to allow for disposal. Additionally, the proposed equipment shelter would restrict ac tss to the loading dock, as thc south side of the dock would be obstructed by a post and trash enclosure and the north side would be too narrow for delivery trucks and other automobiles. The existing parking lot does not meet City standards; however, at staffs request, the applicant submitted a revised site plan to re -stripe the parking lot to meet current parking standards. The proposed plan provides eight spaces on -site, including I covered space beneath the carport. As the land Use Code Section 18.58.290 requires eight uncovered spaces, the Code's requirements would be met. However, the space identified on the site plan as being handicap accessible does not meet California Accessibility Requirements. In response, a Condition of Approval was added requiring a revised site plan meeting both City and California Accessibility Requirements be submitted within 45 days of approval for review and approval. The existing building, trash enclosure, and parking lot are in need of repair. The purple band extending around the perimeter of the roof facade is weathered and the building exterior is discolored by paint used to cover graffiti. The parking lot surface has extensive cracks and the parking spaces are unidentifiable. Installation of the roof parapet and the equipment enclosure would result in a sharp contrast of the newly constructed areas with older portions of the building. Overall, general maintenance of the site is needed and has been included as additional Conditions of Approval. The applicant acknowledges an attempt to co -locate at another existing wireless site at 1019 I lighland Avenue in the South Bay Plaza, but their coverage objective would not be met at that location. A copy of the co -location map is attached. Standard Conditions of Approval are attached, as well as conditions requested by the Planning Department requiring that the facade of the building be repaired or enhanced around the entire perimeter of the building, the building be repainted, the trash enclosure built to City standards, and that the parking lot be patched, surfaced and striped in accordance with City and ADA requirements. The Engineering Department is requiring replacement of 70' of the deteriorated portions of the existing sidewalk along the property frontages. As proposed, thc cellular antennas would be located behind a roof -mounted parapet and would not be visible frotn the surrounding community. Additionally, the parapet would serve to enhance the existing box -like commercial building, and improvements contained in the Conditions of Approval would improve the site and existing building. RECOMMENDATION 1. Approve 2007-20 CUP subject to the conditions listed below, based on attached findings; or 17 2. Deny 2007-20 CUP based on findings to be determined by the Planning Commission; or 3. Continue the public hearing to a specific date. ATTACH M ENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Existing Wireless Facilities List and Map 5. Departmental Comments 6. Notice of Exemption 7. Site Photos 8. Application 9. Co -location Map 10. Applicant's Plans (Exhibit A, case file no. 2007-20, dated November 16, 2007). MICHAEL FELLOWS ROGER G. POST Planning Technician Planning Director 38 RECOMMENDED FINDINGS FOR APPROVAL l . That the site for the proposed use is adequate in size and shape, since the proposed antennas and parapet wall would be constructed on an existing building, the antennas would be incorporated within the roof -mounted parapet, and the 246 square -foot equipment shelter addition is relatively small to the existing 2000 square -foot building. 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 facility is accessed from a major street, only expected to generate one to two trips per month for maintenance staff, and would to have little impact on existing traffic volumes. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the parapet wall and antennas would add 8-feet in height to an existing building in a zone with no height limit and since the surrounding retail and multi -family development is of similar height. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Sprint Ncxtcl communications network, resulting in enhanced service for its customers. 39 RECOMMENDED CONDITIONS OF APPROVAL 1. This Conditional Use Permit authorizes installation of a wireless communications facility at 1548 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. 2007-20 CUP, dated November 16, 2007. The building plans must substantially conform to the design for installation shown on the approved plans. 2. The permittee shall not object to co -location of additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 3. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed prior to installation of new replacement facilities. 4. Building plans shall note that all antennas and rooftop equipment shall be painted to match the exterior of the building, and meet Code Section 18.86 with regard to screening of all rooftop equipment, and antennas installed on the building facade shall not extend above the height of the parapet wall, as reflected on the approved plans and shall be indicated on the building plans. 5. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will he required when a project site is submitted for review to the Engineering Department. If it is determined that the project is subject to the "Priority Project Permancnt Storm Water BMP Requirements" and the City of National City of National City Storm Water Best Management Practices of the Jurisdictional Urban Water Runoff Management Program (JIJRMP) approved SUSMP documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a registcrcd Civil Engineer. 6. The Hest Management Practices (BMPs) for the maintenance ot'the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan for the project. An approved SWPPP will be required prior to issuing ofa construction permit. 7. The deteriorated portions of the existing street improvements (sidewalk 70') along the property frontages shall be removed and replaced. 8. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 9. Plans must comply with the 2001 editions of the Calitomia Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 40 10. Project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 11. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 12. The entire building shall be repainted and the facade must be repaired or enhanced around the perimeter and shall be indicated on the building plans prior to Certificate of Occupancy. 13. The details of the masonry trash enclosure shall be identified on the building plans and shall be constructed to meet City trash enclosure design guidelines. 14. A revised site plan meeting City and California Accessibility Requirements shall he submitted to the Planning Department within 45 days of approval for review and approval. 15. The parking lot shall be patched, surfaced, and striped in accordance City Standards and handicap accessibility requirements prior to Certificate of Occupancy. A striping plan shall be submitted with the building plans. 16. Within four (4) days of approval, pursuant to Fish and Game ('ode 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and S2,500 for an Environmental Impact Report. 17. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptancv 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 the Conditional Use Pcnnit arc 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. 18. 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. 41 1 c jfaiOna, at Tra n n.i 3 Vaife G t c �� /V / ¥- IA itlabor,aQ i»t , CP7So 11'`J OUT 1T104 NO. 6 ly 16, 2007 rlf;s later is ss o �f/ofice o f P?i64a. a_ Tu/%he% C�DminK��U�tolJ faa�/i ai` Aicz d 0nt- s M:8 94► a - c o. -.2 . � �!,c/Q. ,Case -�,� � u�T dto e C,9p1tl'- 6-66-H3/- /q ),_._ I�'ia.t your mice se lf. .9h m y aj nion. , -hf c Phdr&lcrra cu c1'f eizak t tMAI4( G�pmmttniccS()t, fac 4Ii i auh- l�llci ne oL eu S¢- ,i taondfeirtL eQ5 v�pCccpcdfr of// ot/ek - G4du/ ��n9 5ho�.�ems cite tol rnr. 7nahhou/rol aS Pe sh€IT anotviao nan ixesrnolsAa av 4� to. said. ba.sirws �o oos�Q 71ip l�n�taF/art `L 4/L tot- ; , 1"4/a// IC.nsror+— a`ff� SioitS" 6 6a1(ce,',„G Sfa(fn. e yes Q / 5 ctn f t n na.' 2c/r7V;r1.. e "Call 1/ is zoi h £ ee A-- /l tvar-ye rr � �/� �� ( horn aS 7 QT�eth7 ix.PnS T7e. /vQ/7 o rs. ca- and- 015f it, dus/rtasseS 4 ear tf' &tsiness iS a- sgo/01 -$4o64- fol,rt !h¢ 5 cFi oa �5 Gonee/t.n, f °f+- )e a %nets en 'tit 7�a cod- 01- 6c43 / (so ' w..4d6 eoos(daA-cielep . sfhucfron- C7 rost ncc J>itSG QlcQ mci 2i $ongC. ��,Iv)1 . (/JaI'. yAK,. 7_. og-07 42 • VJ CWI wt ivuw ;, tY •cti.7 -. JJb4,1l1 NU. 2176 Ai Decaebee 3, 2007 Roger G. Pose Cuy of National City Pimars6 Dept Dear Mr Pose I own the property at 725-731 E. 160 St located directly behind Donut Shop and Dream Crystal 1 grew up in and ran ray business in Nations] CO. I do not Lie anemmsa on top of Donut Shop because I have four lasidsat unto lees than 100 feet sway. The heahh task so my tenants is unacceptable. Sbmild the city determine the health fiat se acceptable to the city. I would require a written emanate for me and my temente to whom I would be enquired to disclose the tisk. As Pluming Dept. Council and people of National City, we should mules the mimes of Donut Shop, Dream Crystal sod the Latmthaattat update the whole renew The Iauodoomst hss been vacant for over a ycai It has a bench is front of the door, graffiti err This is the worst comexscial building on frighlami Ave. or m National C'. Please rain a closet look at this. itt e. writ at $A1 TONAL CITY, CA 91970 43 Gary Kitagawa 712 E. 18 St. National City, CA 91950 Roger G. Post City of National Planning Dept. 1243 National City, CA 91950 HANDOUT ITEM NO. 6 JULY 16, 2007 Dear Roger G. Post I own the property at 725-731 E. 16t St. and there are four units less than 100 feet from the fifteen antennas. In addition, the Donut Shop does not have enough parking spaces as it is. This is the heart of National City and Highland Ave. and a prime commercial area that could beautify the city. Do not put up an rye sore tight -foot parapet wall that will prevent future development in the center of National City. The health risk to my tenants is unacceptable. Should the city determine the health risk is acceptable to the city,1 would require a written statement for me and my tenants to whom I would be required to disclose the risk. Please take a closer look at this. Thank you, GirY Kitagawa 44 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2008 AGENDA ITEM NO. 12 (ITEM TITLE PUBLIC HEARING FOR FY2007/08 STATE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND FOR S117,519 TO BE USED TO PURCHASE AN UNDERGROUND ANTENNA. TAZERS, LICENSE PLATE READERS, AND A PERIMETER FENCE FOR THE REAR PARKING LOT OF THE NATIONAL CITY POLICE DEPARTMENT. PREPARED BY Walter Amedee OP- DEPARTMENT Police/Adolfo Gonzales, Chief (Ext. 4556) EXPLANATION Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) State Supplemental Law Enforcement Services Fund program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the State COPS program, the City of National City was allocated $117,519 as its share for fiscal year 2007/2008. The City Council is required to appropriate existing and anticipated COPS funds exclusively to front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The requests must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. The City is required to submit an approved expenditure plan to the Supplemental Law Enforcement Oversight Committee (SLEOC). After the SLEOC approves the expenditure plan, the funds will be transferred to the City. The National City Police Department requests approval to purchase an underground antenna, tazers, perimeter fence for rear parking lot of the police department, and a license plate reader. Environmental Review 4 N/A Financial Statement Approved By: Inance Director The FY07/08 State Supplemental Law Enforcement Services Fund Program will provide $117,519 to fund an underground antenna, perimeter fence for rear parking lot of the police department, a license plate reader, and tazers. Funds will need to be spent or encumbered by June 30, 2009. Account No. 208-411-708-355-0000 208-411-708-572-0000. 208-411-708-515-0000. 208-411-708-599-0000 STAFF RECOMMENDATION City Council by resolution approves the expenditure plan as submitted or as modified or corrected by the City Council and direct staff to submit the expenditure plan to the Supplemental Law Enforcement Oversight Committee (SLEOC). BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. A•200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2008 AGENDA ITEM NO. 13 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF FY2007/08 STATE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND WORTH $117,519 TO PURCHASE AN UNDERGROUND ANTENNA, TAZERS, LICENSE PLATE READERS. AND A PERIMETER FENCE FOR THE REAR PARKING LOT OF THE NATIONAL CITY POLICE DEPARTMENT. PREPARED BY WalterJP Amedee DEPARTMENT Police Department (Ext. 4556) EXPLANATION Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) State Supplemental Law Enforcement Services Fund program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the State COPS program, the City of National City was allocated $117,519 as its share for fiscal year 2007/2008. The City Council is required to appropriate existing and anticipated COPS funds exclusively to front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The requests must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. The City is required to submit an approved expenditure plan to the Supplemental Law Enforcement Oversight Committee (SLEOC). After the SLEOC approves the expenditure plan the funds will be transferred to the City. The National City Police Department requests approval to purchase an underground antenna, tazers, perimeter fence for rear parking lot of the police department, and a license plate reader. Environmental Review tl N/A Financial Statement Approved By: Finance Director The FY07/08 State Supplemental Law Enforcement Services Fund Program will provide $117,519 to fund an underground antenna, tazers, perimeter fence for rear parking lot of the police department, and a license plate reader. Funds will need to be spent or encumbered by June 30. 2009. Account No. 208-411-708-355-0000 208-411-708-572-0000, 208-411-708-515-0000, 208-411-708-599-0000 STAFF RECOMMENDATION Staff recommends approval of the expenditure plan to purchase an underground antenna. tazers, perimeter tence for rear parking lot of the police department, and a license plate reader from the FY07/08 State Supplemental Law Enforcement Services Fund Program BOARD 1 COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution A-200 (9/99) RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF FY2007/08 STATE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS IN THE AMOUNT OF $117,519 TO PURCHASE AN UNDERGROUND ANTENNA, TAZERS, LICENSE PLATE READERS, AND A PERIMETER FENCE FOR THE REAR PARKING LOT OF THE NATIONAL CITY POLICE DEPARTMENT WHEREAS, Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide Supplemental Law Enforcement Services Fund (SLESF) for public safety purposes; and WHEREAS, under the State COPS program, the City of National City was allocated $117,519 as its share for Fiscal Year 2007/2008; and WHEREAS, the City Council must designate an eligible public safety program for which the annual fiscal year COPS grant will be appropriated in order to receive such grant; and WHEREAS, pursuant to the recommendation of the Police Department, the City Council has determined that the purchase of an underground antenna, tazers, perimeter fence for rear parking lot of the police department, and a license plate reader is an appropriate expenditure of said grant funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby designates and therefore appropriates the anticipated grant funds of $117,519 in FY 2007/2008 SLESF funding toward the purchase of an underground antenna, tazers, perimeter fence for rear parking lot of the police department, and a license plate reader. PASSED and ADOPTED this 22nd day of January, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE January 22, 2008 AGENDA ITEM NO. 14 ITEM TITLE A Resolution of the City Council of the City of National City approving and authorizing the-\ mayor to execute an encroachment agreement with Pacifica Harbor View Two, LLC for the installation of a pedestrian bridge between 701 and 801 National City Boulevard over and across E. 81h Street. PREPARED BY Charles Nissley EXPLANATION See Attached Explanation. DEPARTMENT Engineering EXT. 4396 Environmental Review N/A MIS Approval Financial Statement Approved By. , �( Finance Director $320.00 filing fee will be deposited into Account No. 001-3147-21000. Account No. STAFF RECOMMENDATION Adopt the Resol ' nn1(_,,/2r_:_ / CO M N REC MENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Encroachment Document 3. Legal Description bridge A-200 (Rey 7/03) EXPLANATION Pacifica harbor View Two, LLC has proposed a pedestrian bridge linking the parking structure located at 701 National City Boulevard with the Bayview Tower condominium building located at 801 National City Boulevard. The bridge will cross over and above E. 8T11 Street from the third deck of the parking structure to the third floor of the condominium building. Pacifica Harbor View Two, LLC is requesting that the City enter into an encroachment agreement for an area ten feet in width within the public right-of-way known as E.8'h Street approximately 80.94 feet in length further described and shown in Exhibit B (attached) for the installation and maintenance of the pedestrian bridge. The bridge will have a clearance height of approximately nineteen feet six inches on the northerly end adjacent to the parking structure and a clearance height of approximately twenty two feet six inches on the southerly end adjacent to the condominium tower. Study indicates that the line -of -sight for vehicles approaching the bridge from the east will not impair the view of the traffic signal at National City Boulevard and 8T1r Street. The proposed bridge will provide safe passage for residence of the liayview Tower Condominiums across 81" Street and will maintain the current level of vehicular traffic flow through the intersection. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH PACIFICA HARBOR VIEW TWO, LP FOR THE INSTALLATION OF A PEDESTRIAN BRIDGE BETWEEN 701 AND 801 NATIONAL CITY BOULEVARD OVER AND ACROSS EAST 8TH STREET WHEREAS, Pacifica Harbor View Two, LP has proposed a pedestrian bridge linking the parking structure located at 701 National City Boulevard with the Bayview Tower condominium building located at 801 National City Boulevard; and WHEREAS, the pedestrian bridge will cross over and above East 8th Street from the third deck of the parking structure to the third floor of the condominium building; and WHEREAS, Pacifica Harbor View Two, LP is requesting that the City enter into an encroachment agreement for an area ten feet in width within the public right-of-way known as East 8th Street, approximately 80.94 feet in length for the installation and maintenance of the pedestrian bridge; and WHEREAS, Pacifica Harbor View Two, LP has executed an Encroachment Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by Pacifica Harbor View Two, LP, attached hereto as Attachment 1, and incorporated herein by reference, and directs the City Clerk to record the same. PASSED and ADOPTED this 22nd day of January, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FEE: $320.00 ENCROACHMENT PERMIT AND AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, Pa,c;g'e� rL.r view 1..I L P (hereinafter referred to as "OWNER") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. The OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in'the public right of way or other public property of the City of National City, County of San Diego„State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility or other structure (hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in EXHIBIT B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by City's City Engineer, the above described encroachment shall be removed or relocated at the C1TY's expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This permit and agreement, when made for the direct benefit of Owner's land or property above described, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to maintaine the encroachment in a safe and sanitary condition within thirty (30) days after notice from the City, CITY may cause such maintenance or repairs to be done at Owner's sole cost and expense, which shall be a lien upon said land. A copy of this encroachment agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of installation, Attachment 1 including subsequent street resurfacing and rcstriping, in order to install the encroachment. 5. OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance and use of the owner's encroachment.. 6. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on City's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this agreement. 7. The full terms and conditions under which this encroachment permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of City property retroactive to the date of construction or installation of the encroachment. b. The CITY can require the removal or relocation of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at CITY's expense. 8. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. FOR THE CITY OF NATIONAL CITY Name: Title: AGREED AND ACCEPTED: Dated: / f/S /0e / Y ^7'L— L vt�r Person in Responsible Charge (Print Name) b/ .2.1 qODD 24 hr. Phone Number DG1Cl�lco,�0,p,+/1/e S Firm Name OWNER/APP CANT nted Name & Signature ranted Name & Signature la/14 Slyee/- /7/i t�� 92//0 Mai linv�Address Phone Number . Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2III PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY ANT) SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED Title or Type of Document: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of •') / "/ r �G On (T ilea j personally appeared before me, ,/ L i,-)l/i,/ //c-�I /'�,''/a L1 /- `/' Hera Insert/tame aro Tree or Off ce Name?) of Spne($ ,, tilftQf► fl14riON ;� i. Commission f 1466507 Notary Pudic • CoMomto San Diego minty [ My Comm. E Ss Jan 29, 2000 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose name(%5 is/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/her4heir authorized capacity(isa), and that by his/hefAheir signature(gf on the instrument the person(, or the entity upon behalf of which the person(srf acted, executed the instrument. I certity under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS 7( hand and -official seal. Signatur _4�/A >ik_Th OPTIONAL S�q,erure of Notary Put c Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document //_ e %r'r! Uc; l ii/f9Jit T / ?AA r I- `.1(1 /L'`�%Jd n't �� r tl — Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Individual 14-Corporate Officer — Tttle(s): - Sec " Q i("l J Partner — 0 Limited LJ General 0 Attorney in Fact LJ Trustee Li Guardian or Conservator I-1 Other: Signer's Name: Signer Is Representing: RIGHT THUI.1BPI- NT OF SIGNER Too 01 Ihurnh hpre Signer's Name: _ 0 Individual El Corporate Officer — Tltle(s): I Partner — LJ Limited LJ General 0 Attorney in Fact f-1 Trustee L1 Guardian or Conservator 0 Other: Signer Is Representing. RIGHT THIT.IBPPINT OF SIGNER Inp �,1 Plumb here 02007 Netiaw Notary Asscoaeon • 9350 Ue Sob Ave PO Br. 7a02 • Chor,I•pth. CA 91313-2402 • worn Nat.onarJNotary cep Item 15907 PLvrtlor CN Mai Free , 80p8/6-66,27 rLOW aua) NA/ •' ) . I )33r. 115"-1 11.3. to -3 3.0•1 AMA. 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I { V LI8I HX2 • •• e1ttr 35n133S aO3 1f04'A GM trOp).. 4 .I a j20•)t'£ ;tit S ON TXRO 4..nusl6 a a r • a MINl T' Tom_ __� 7,0 t .a eon r• CI 71(iSO4 1142119 �w Ir s •fr0•••• •3NINV WON3D31 ssTi as ,V ^Oadd b 210d ;/? ^ NYId `J 4ul 1it.1. ..0• LS 111641o,) ...YO 1001{ :AS ^ wilts \ LEGAL DESCRIPTION BAYVIEW PEDESTRIAN BRIDGE LYING WITHIN EIGHTH STREET, NATIONAL CITY, CALIFORNIA A 10.00 FOOT WIDE EASEMENT LYING WITHIN THE PUBLIC RIGHT OF WAY KNOWN AS EIGHTH STREET BETWEEN BLOCK 1 OF PINNEYS SUBDIVISION ACCORDING TO MAP THEREOF NO. 77, AND BLOCK 1 OF PARSONS ADDITION ACCORDING TO MAP THEREOF NO. 57, BOTH IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BOTH ACCORDING TO MAPS THEREOF I'1LF.D IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE CENTERLINE OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 1 OF SAID MAP NO. 77; THENCE ALONG THE SOUTHERLY LINE OF SAID BLOCK 1 N 72° 02' 34" E 23 99 FEET TO THE TRUE MINT 9FAR NpVG; THENCE SOUTH 09° 12' 17" EAST 80.94 FEET TO A POINT ON TIRE NORTHERLY LINE OF SAID BLOCK NO. 1 OF SAID MAP NO. 57 THAT BEARS N 72° 02' 34" E 11.99 FEET FROM THE MOST ' t' Y CORNER OF SAID BLOCK NO. 1 OF SAID MAP NO. 57 THE SIDELINES OP SAID 10-FOOT WIDE EASEMENT SHALL BE LENGTHEN OR SHORTEN SO AS TO TERMJINATE ON THE SOUTHERLY LINE OF SAID BLOCK 1 OF SAID MAP NO. 77, AND TBE NORTHERLY LINE OF SAID BLOCK 1 OF SAID MAP NO. 57 DATE EXHialT BAYVIEW TOWER PROPOSED PEDESTRIAN BRIDGE 701 & 801 NATIONAL CITY BLVD. NATIONAL CITY, CALIFORNIA EX' Burkett & wong engineers & surveyors 3434 fourth ave. sun diego ca. • 103- 04 R (619) 299-5550 �. f2-2.4.4:17 f!'' *,#' ' LS 4J07 PATE ...-n^ - • Commercial Cettificateof.Insurance Alas" Brim &eke hemmed Arremey f A 04 E R S. . Name . 30495 Codmrood *eat 1204 • . " &19e Dirm 0601/0011) & • Aiours Ma. cit 9t301 wydridos —I Address • . It. 00//,3111,110.1111000dtisPoldlx es* ad craiderjiMrwas• , • mix441=t=soktAdoir not mid aimiltaramiiht St. 30 Dia. 44 Agent 315 • CeimputiolsividimtGeeenem Co A 'Neck tanniece-Eschecle Willful . Bay View Mims Maiateetece um Moe . Caporatios - posapi., 0 tanners *Willa labotalp taker & • 1101 Notional City Bled. Wray C Mid-Ceritary 11;suranai Carepray Address • National City, CA 919S0 weft D • Creme . 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Address • ..----- 11111010ef&istiglie Ai • .. 54-24911 4 f>s City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE January 22, 2008 AGENDA ITEM NO. u ITEM TITLE Presentation of the Remodeling and Renovation of Parks and Recreation Facilities Project with the budgeted amount of $1.2 Million providing a status update and requesting feedback from the City Council of the City of National City in order to move forward PREPARED BY Kenneth Femandez DEPARTMENT Engineering EXT. 4388 EXPLANATION See Attached Explanation. Environmental Review X WA MIS Approval • Financial Statement Approved By Director Funding for this project is $1.2 million. It is available through account numbers 001-409-500-598-4127 (General Funds), 115-409-500-598-4076 (County Grant), and 301-409-500-598-4076 (CDBG). Account No. STAFF RECOMMENDATION rovide feedbag( i1 OARD / COMMIj ION RECOMMENDATION N/A / ATTACHMENTS (Listed Below) Resolution No. N/A remodefng A-200 (Rev 7103) EXPLANATION Last year, at the direction of the City Council, the 2007/08 budget included $1.2 million for rehabilitation, repair, and enhancement of parks and recreation facilities in the City of National City. As a result, the Engineering Department took the lead in investigating. identifying and prioritizing the needed improvements for the park facilities within the City. Considering the long list of needs in the City and the budget constraints, the effort quickly focused on the three largest and most utilized parks in the City: Kimball Park, Las Palmas Park and the El Tovan Park. These parks also represent the highest use for the City frorn a geographical and population stand point. During the process of investigating and identifying the needs, the Engineering Department worked closely with the Community Services, Facilities Maintenance and Parks Divisions of the Public Works Department. Throughout the months of September, October, and November 2007, detailed and involved field meetings took place at the three major parks where a "wish list" of new and existing items/locations was produced. In addition, staff visited parks outside the city in order to provide additional ideas and research material. During this iterative process, drafts of preliminary engineer's estimates were submitted and presented during work group meetings for review and comments. An update to the Parks and Recreation Advisory Board (DRAB) and members of the public occurred in December, 2007. At this meeting, suggestions of a Butterfly Park extension and skateboard facility were discussed. In addition, in January staff participated in a youth sports organization meeting where score shack and snack bar improvements were topics of discussion. During this process, a long list of needed and desired improvements for the parks was produced. Staff attempted to identify the most urgent needs that can he accomplished within the given budget. At this time staff's recommendation for park improvements include restroonr repair and improvements, additional park furnishings, score shack and snack bar modifications/improvements, turf and baseball! softball infield repairs, and pedestrian track resurlitcing. The budget also includes establishment of a soccer field and tennis courts resurfacing as follows: I) Parks Rehabilitation, Repairs, and Enhancements $970,000 via General Funds 2) Kimball Park Soccer Field $204,000 via SD County Grant and CDliG Funds 3) Tennis Courts Special Resurfacing S33,000 via General Funds The summation of these three park -specific improvements is approximately S12 million. Staff requests the Council to provide Iced hack on the proposed improvements in order to move forward with the project. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2008 AGENDA ITEM NO. 16 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by the National School District for their Language Arts Workshop on Wednesday January 30, 2008. PREPARED BY Kaseem Baker Phone: (619) 336-4274 DEPARTMENT Community Services EXPLANATION The National School District is requesting use of the Martin Luther King, Jr. Community Center for their Language Arts Workshop on Wednesday January 30, 2008 from 7.00am to 4:00pm. Approximately 75-100 participants will be attending. Cost: Building Use Fee: $ 50.00 Hall Fee: $ 633.24 Custodial: $ 44.00 Total $ 727.24 Cleaning Deposit: $ 100.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review 4 N/A Financial Statement Approving the request for use will result in fees of $727.24 plus $100 in refundable deposits. STAFF RECOMMENDATION Approve the request for use. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center City of National City Facility Use Application TO ALL APPLICANTS: It is strongly recommended that an applice6 the City Council meeting when the item is scheduled for consideratio the City Council • Facility Requested: please drde King Jr. Building South Room Entire Facility Date(s) of Use: January 30, 2008. Time of Use: From: 7:00 egfaig � dert,a Ciy p� . • o% Kimball Senior Center 140 E. 12th Street, Ste. A National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 a City Fadlity attend any questions from Casa De Salud Day(s) of Use: AM/PM To: 4:00 AM/PM - INCLUDE SET-UP & CLEAN-UP TIME Type of Function/Activity: Language Arts Workshop Is the event open to the public? No Name & Address of Organization/Group: National School District 1500 N Avenue National City, CA 91950- ecurtinesdcoe.k12.ca.us Non-profit organization• yes no Anticipated Maximum Attendance: 75-100 Will Admission be charged? No Amount $ Equipment Requested: 75-100 # of chairs 1 Podium/Microphone Use of kitchen: ' Yes x No Is the Use of Alcohol Requested? No Will other paid services be used (i.e., commercial caterer, DJ, Band, etc)? Name: Phone: Name: Phone: Tax ID # Percentage of National City Residents Will this be a Fund Raising Event? 10-12 # of banquet tables Use of Gas for Range and Oven: Yes NO Stage No NO YES No NO 2 How many times in the last twelve months have you requested to use a City Facility? 0 It is expressly understood and agreed that the applicant assumes all risks for Toss, damage, liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the Gty of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any Toss, claims, and liability damages, andjor injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all Oty of National City ordinances and facility rules and polides, and be representative of the user organization. Further, I agree to be personalty responsible for any damage/loss sustained by the grounds, building, fumiture or equipment or unusual dear. up occurring through the occupancy of said facilities. 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 ail property taxes, if any assessed during the use of the Gty's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OETHERULES AND REGULATIONS f9R Tj1 ACILUY -_ REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLETED:' PRINT NAME: SIGNATURE: 11/19/07 ADDRESS OF APPLICANT: 1500 N Avenue C I I Y, STATE, and ZIP CODE: National CIty, CA 91950 PHONE: DAY 619-336-7751 EVENING EMAIL:cart°1-117 9e.k12.sa.uF; I NEMiBER 619-336-7551 CONTACT PERSON ON THE DAY OF THE EVENT: Ellen C. Curtin HOME PHONE: ( ) Please type or print dearly with a ballpoint pen. Complete application Must be submitted and payment submitted in advance of the event. CELL: (619) 733-6200 Community Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/Key Returned: - Check Key Issued: YES NO 3 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION 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 include 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 in charge of activity: Ellen C. CDrtin Address: 1500 N• Avenue Telephone: 619-336-7751 E-Mail: ecurtinasdcoe.kl2.ca.us City Facilities and/or property requested: Martin Luther King Jr. Building Date(s) of use: January 30, 2008 HOLD HARMLESS AGREEMENT As a condition of the Issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, employees or contractors. • Signature of Applicant Official Time Date Certificate of Insurance Approved by Name and Title 4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22. 2008 AGENDA ITEM NO. 17 ITEM TITLE Request For Proposal (RFP) to redesign the City of National City's web site(www.ci.national-city ca us) PREPARED BY DEPARTMENT Ron Williams MIS (Ext. 4373)--� EXPLANATION The City of National City is in the process of developing an Information Technology Strategic Plan. A key component of the plan is the development of an Internet and Intranet Business Strategy which provides public access to services at City Hall 24/7. This effort is a clearly defined objective of the City of National City's Strategic plan to market its assets and provide clear and compelling information to the public. The attached RFP will be used as criteria towards the selection of a web site design vendor. Environmental Review '1 N/A Financial Statement Approved By:, Project # 900752-0360-210 Finance Director Account No. 360-468-752-699-0001 STAFF RECOMMENDATION issue Request For Proposal(RFP) to select a web site design vendor to redesign the City of National City's web site. BOARD / COMMISSION RECOMMENDATION I ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Web site redesign Request For Proposal(RFP) A-200 (9/99) CITY OF NATIONAL CITY REQUEST FOR PROPOSAL REDESIGN OF CITY OF NATIONAL CITY WEB SITE (www.ci.uational-city.ca.us) - 2008 INTRODUCTION The City of National City is requesting proposals for the redesign attic current web site (www.ci.national-city.ca.us). 2. PROPOSAL SUBMITTAL Proposals must he submitted in sealed envelopes, clearly identified as a "\Veb Site Proposal" to National City MIS Department, 1243 National City Blvd, National City, California 91950, Attention: Web Site Proposal. Proposals will be accepted until Thursday, February 28, 2008, 4:00 p.m. No proposals will be accepted after that date and time. 3. BACKGROUND The following information is provided to help Consultants understand the direction and intention of the City for this project. The City of National City has a web site that includes information about the City of National City local government. In order to better serve the community, a new interactive web site devoted to providing access to City Hall 24/7 is sought. Strategic Plan: The City of National City is in the process of developing an Information Technology Strategic Plan. A key component of the plan is the development of an Internet and Intranet Business Strategy which provides public access to services at City Hall 24/7. Platform: The City 's current web environment consists of a Dell Server running Windows 2000 and IIS 6, with a Firewall separating it from the internal City Network. The City Network consists of several Dell Network Servers running Windows 2000/2003, set up as File and Application Servers. The current Internet web site consists of mostly static HTML pages, with a few pages recently modified to use ASP. The site was designed using Dreamweaver MX. The City also has an Intranet (ANDIE) hosting a PHP Bulletin Board utilizing I15 6 on a Windows 2000 Server. The site was developed with minimal functionality, in anticipation ofa major implementation effort. 4. OBJECTIVES The City of National City desires to create a customer focused web site using intuitive navigation controls that enable visitors to easily locate information. "I he City wants to redesign the web site with modern technology that facilitates Content Management and incorporates e-Government standards to meet the following objectives: A. Balance Municipal Look & Feel with Unique Web Presence The web site should convey a uniquely attractive web presence while maintaining its function as a primary municipal public information resource. The Consultant will be expected to work with key City staff to accomplish the following: l . Evaluate all existing web documents for inclusion in the new web site. 2. Determine any new content that Departments would like to add. 3. Specify a life cycle and/or maintenance schedule that Departments are responsible to manage for each document. 4. Determine how these documents should be organized, related and linked. 5. Evaluate and specify all external links, and determine a maintenance schedule. 6. Categorize these documents in a functional hierarchy for the site's primary navigational menu system. B. Site Navigation and Organization The user interface should use modern tools and techniques to intuitively guide the web site visitors to the intixmation they seek. The site should include tour navigation strategies: I. Menu System as the primary navigation method of the site (www.ChinoHills.org) 2. Each department should present a main page where visitors can navigate to the services provided. 3. Full site search capability. 4. Site Map D. Automate Content Management The City desires the content of the web site to be managed dynamically by non -technical department staff. Department staff will need to add, change and delete site content without manipulating any 1ITMl. or scripting code. This includes formatted text, hyper - links, digital pictures, as well as providing downloadable documents in Word, Excel, PDF, and other formats. The City will require tools to manage document life cycles, and reduce the need for human intervention. The web site application should notify document owners that a periodic review is due, and take specified action if the owner does not respond in a timely manner. The Consultant should provide various templates that City staff can use to manage their web content. E. Web Site Reporting In order to maintain a quality site that continues to meet City needs, City staff need a web site reporting system. The Consultant should either provide standard canned reports or recommend a 3rd parry package, and help setup the package to provide the necessary reporting. F. Utilize Our Standardized Tools The City recently invested substantial resources into the City network platform and development tools and expects the new web site to fit within this existing infrastructure. The new web site should be built using a combination of 11S 6 on Windows 2003 Server. ASP 3, SQL Server 2003, Access 2003, VB6 and JavaScript, or upgrades to these products. The (:ity will evaluate other tools as necessary, but strong direction will be given to provide solutions using these core products used by the City. 2 C. Maintain Web Site and Network Security The City requires tools and a stringent security methodology to protect the City's web site and network against attack. The City web server sits in a DMZ, with a firewall protecting the internal network. The Consultant will work with the City IT staff to open appropriate ports, configure network components and implement appropriate security. II. Knowledge Transfer and Skills Training The City expects the Consultant to work closely with IT and other City staff to answer questions and demonstrate how components work. The consultant will also determine training levels required for the technologies implemented in their weh designs, and either provide or recommend training resources for key City staff. This City will maintain and enhance this web site oiler initial development and implementation is complete. It is not the City's intent to enter into a continuous maintenance relationship with the successful vendor for such services, although the City may request the Consultant to provide non - routine design tasks in the future at the option of the City. Document Conversion Methodology The Consultant needs to specify a methodology to convert the existing City web site to the new site. City will utilize existing department staff to import existing web documents into the new web site. J. AI)A Compliance The City would like to follow the W3C's Web Accessibility Initiative to provide a web site that is compliant with the Americans with Disabilities Act (A DA). K. e-Government Enhancements and Technologies The City expects to incorporate new technologies as they become available. Below are some enhancements anticipated for this project: I . Implement e-Government Standards: Ilse City desires to provide a 24/7 City Hall presence to the public utilizing implemented e-Government standards. 2. Electronic Payments: City web site development will include the implementation of electronic commerce capabilities for collection of fees and fines, sale of various permits and licenses and electronic payment of vendors. These transactions will need to interface with the City financial system (EDEN). 3. GIS: The City would like to implement Interactive GIS Mapping technology to provide zoning information, parcel numbers, land availability, and an aerial view of National City with links to National City points of interest (development projects, tourism, business, etc...) 5. Web Site Project Phases I Ile following web site project phase outline is provided as a guide to identify roles and responsibilities in each phase of the project. "Web Team" will be made up of City representatives from various City departments and led by the IT Manager. A Webmaster will be assigned as the consultant's main point of contact for coordination with internal departments. This outline will be further delineated with the Consultant awarded the contract. A. Discovery (Consultant Sc. (:ity) 1. Determine content 3 a. Evaluate existing web content for inclusion in the new site b. Identify new content c. Document all content for the new site d. Document relationships between content for site layout 2. Navigation Structure a. Determine the functional top level navigation tahs b. Determine sub -level navigation options 3. Roles & responsibilities a. Assign ownership to sections, pages and/or documents 4. Set content update schedules a. For each object (page/document) specify interval or dates it is to he checked, updated or deleted by its owner. b. Specify if/how the web site should notify document owners that a review is due. c. Determine a default action ifa content management review is not performed in a timely manner. R. Design (Consultant & City) 1. Functional Specifications a. Detail exactly how the web site will operate b. Specify all deliverables c. Set specific milestones d. Contract signed by both parties 2. Design site layout a. Organize the site structure b. Determine all the templates needed for various functions c. Determine a look & feel for the site, including color schemes, graphic elements and navigation tools d. Create visual models of how the user interfaces will operate c. Internal database content management forms f. External web pages 3. Reports a. Develop a suite of management reports to monitor web site statistics 4. Design review a. Present to IT management b. Revise as needed c. Final Acceptance (milestone) C. Development (Consultant) I. Create templates a. Code user interface templates used for non -technical staff to add, change or delete content 2. Design database interfaces a. Build tables, views, etc. to support e-commerce interface with City financial system (EDEN). b. Code stored procedures 3 Develop web interfaces (GIS, e-commerce) a. Develop server side objects and components b. Develop client side scripts and controls 4. Develop Reports 4 a. Design and code reports as specified to report on activity/health of the web site. 5. Testing a. Developer testing b. Usability testing D. Conversion (City Staff) I. Data Entry a. Format I ITML documents b. Each department will he responsible for its content. 2. Document Conversion a. Import documents into new web site. E. Implementation (Consultant & City Staff) I. Install Databases a. Configure SQL Server as necessary b. Install database files c. Define UI)13C or other methods for database access by weh application d. Set up nightly processes 2. Install Web Applications a. Install object and components developed 3. Install Reporting Tools a. install software & components to support reporting 4. Network Configuration a. Server settings b. Firewall settings e. Network tuning (routers, switches, etc) d. Set up backup procedures 5. Site Testing a. Usability testing b. Stress testing c. Load testing 6. Customer acceptance testing a. Present to City Staff b. Revise as necessary c. Final Acceptance (milestone) 7. Go Live! a. Switch the web server from the old site to the new! (milestone) !s. Advertise (Consultant and City) a. Register our site with popular search engines b. Press release stating our new web site F. Maintenance (City IT) I. Monthly Web Update Meeting a. Review monthly reports b. Content management c. Discuss new documents for web site d. Plan improvements for web site 5 6. SCOPE Or WORK The City will select the most qualified Consultant to provide web design, development, and implementation services. The successful consultant will design and develop a cost-effective, efficient, and easily managed web environment for the ('ity, install the new web site and all related components on the City's web server, install any hardware and software tools necessary to maintain the web site, provide a knowledge transfer for core technologies to key City staff, and recommend training resources for key City staff to adequately rnaintain the new site. "Temporary office space will be available to the consultant as needed. The contract will provide sufficient time to allow the initial development, and any follow-up work that the City may request as the initial development nears completion. If the consultant proposes a web site that has any licensing or copyright requirements, it must be clearly presented in the offer form. This contract will not include ongoing, routine management of the web site. fhe City desires to maintain ownership of the web site, its components and content, and will inaintain the site with internal staff. The contract will also allow the City to request additional services for assistance with developing an Intranet System. This work will be at the City's option, following substantial completion of the web site design. The City may request the consultant to provide tools and templates for an Intranet and possibly assist with the implementation of this phase. The City will purchase and provide any approved hardware and/or software required to complete the work. The consultant shall alert the City to such needs providing ample advance notice to allow adequate time for the City to pursue acquisition. The City and the Consultant will discuss any needs to insure concurrence and the City will pursue acquisition of the desired products in a timely manner. This project has a total budget of $100,000 funded in fiscal year 2008. The City will discuss the specific budget with the finalist..t he City and the Consultant will develop a detailed project plan, identify budget for equipment. products, and develop a budget for services and time, which meets with the project funding. The City is seeking Consultants with considerable experience in Municipal Web Design, so that the City can achieve a distinctive web solution. The City anticipates that experienced and qualified firms will be able to offer design templates and standardized solutions, and other cost-effective solutions favorable to the City while meeting primary project goals and objectives. Respondents are encouraged to consider and brictly discuss their skills and qualifications as part of their response, and should he sensitive to this particular concern of the City. Respondents should consider their capacity to meet the cost sensitivities of the City through their qualifications and experience. The proposal shall contain a description of the scope of work and how the firm intends to approach the project task and complete the scope of work in a timely manner. The firm shall provide a listing of those services and tasks to be provided during the course of the work that contribute to the cost element of the project. In addition, the proposal shall provide for the following: (a) Publishing the web site in a tixmat to enable staff to easily inanage web site content. (b) Meeting with City Staff to design the new format, theme and desired features. 6 (c) Utilizing all available electronic copy from existing web site. (d) Submitting a draft design of the new web site including all graphics and links. 7. PROPOSAL CONTENT It is the intent of this Request for Proposal to seek only those proposals that will directly address this particular project. The firms being requested to submit proposals need not provide any general information about the firm, but only that particular information that specifically addresses the needs and responds to the criteria of this proposal. The proposal should not contain any information on the people involved in the project other than those who are actually going to be performing the work and arc considered a primary human resource for the project. The scope provided by the proposal shall address not only the details in the Request For Proposal, but shall also address those issues and relative points that may not have been described in the Request For Proposal, which the firm believes to he pertinent to this particular project specified. The proposal should contain the following elements: (a) Experience. The proposal content shall begin with the experience the bidder has with projects similar to that proposed by National City. 'I he kidder shall submit a listing of the references with names and phone numbers of each similar project the kidder has performed over the past five years. Fhc bidder shall provide a listing of all subcontractors whose work has a monetary value of fifteen percent (15%) or more of the total price bid and shall include their reference experience as required of the primary bidder. (b) Work Plan and Time Frame. The proposal should include a work plan and time frame for the work. The kidder shall indicate those items that are critical path and the bidder's perception of the time schedule for implementing the project. (c) Submittals. The firm shall submit the following information as a part of the proposal: (I) Detailed scope of work. (2) Work plan and time frame. (3) Firm and human resource experience and references. (4) Name(s) of primary human resources to he assigned to the project. (5) Cost proposal. (6) The names of at least two web site addresses designed by the bidder. (d) Lump Sum Fee. The proposal shall provide a budget for each phase and project component of the project that ultimately provides a maximum lump sum fee for the completed project. The maximum lump sum fee shall be individually specified for each phase of the work. Factors for overhead should be included in the rate for hours counted for and billed. The maximum lump sum fee shall he an amount by which the selected bidder can complete the entire project. Any request for additional fee payments, without timely notification by the selected kidder and prior written approval by National City, shall not be honored by National City. (e) Conflicts. l'he bidder shall identity any conflicts which it is believed could affect the project work and the ability to complete on schedule. 8. SELECTION 7 The selection of the successful bidder will he based upon the following four criteria: (a) Qualifications and experience of the persons identified as being major human resources on the project. (b) The thoroughness and thought put into the proposal and the detail of the scope of work provided by the bidder. (c) The budget specified by the bidder to complete the scope of work. (d) The additional information provided by the bidder during the interview, if National City chooses to conduct interviews with one or more bidders. National City reserves the right to reject any and all proposals that are considered unacceptable by National City or to waive any minor irregularities if so deemed by National City for any reason. If National City is unable to enter into agreement with the selected bidder for any reason, it reserves the right to award the contract to the next qualified bidder who submitted a proposal. The same selection process would be used to select the alternate qualified kidder. National City reserves the right to retain all proposals for a period of thirty (30) days after the final approval of the awarding of the contract and to reject any and all proposals for any reason at the sole discretion of National City, with or without cause. 9. PURCHASE ORDER It is expected that a Purchase Order will be issued by National City within fourteen (14) days after selection of the successful bidder. Purchase Order shall require successful bidder to: (a) Comply with requirements of this RFP and the submitted proposal; (h) Provide evidence of Commercial General Liability Insurance coverage with limits of at least one million dollars ($1,000,000.00) per occurrence; (c) Provide evidence of Automobile Liability insurance with limits of at least one million dollars (SI,000,000.00), combined single limits per accident; and (d) Provide evidence of Workers' Compensation Insurance coverage sufficient to satisfy California statutory requirements with Employer's Liability Insurance with limits of at least one million dollars ($1,000,000.00) per employee or, in the event Workers' Compensation & Employer's Liability Insurance does not apply to successful bidder, execute a Califixnia Workers' Compensation Law Certificate of Exemption. 10. CONTRACT The firm selected will be required to enter into an Agreement for this project with the City of National City. Any contract resulting from this RFP shall not he effective unless, and until, approved by the City Council. Upon approval, the contract shall start within _ days after the award of the contract. fhe estimated completion date shall be defined in the proposal submitted by the selected firm, or as subsequently negotiated between the firm and the City and stated in the Contract. 8 Refire the City executes a contract, the selected firm shall furnish the City certificates evidencing insurance, consistent %vith and required in section 12G, herein. The City shall be named as additional insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy. A sample contract is attached as Exhibit A to this RFP. 10. PAYMENT National City shall only accept one (I) payment request from the selected firm per month. Invoices shall fully define the work component completed, the hours spent on each task, the budget for that person in terms of cost and hours, the pay rate for which the person is assigned, the percentage of the task completed in terms of actual work remaining and costs remaining until completion of the task at the time of billing. Each invoice shall also contain a purchase order number or work order number assigned to each task. 1 1. NATIONAL CITY CONTACT Ron Williams, f1 Manager 1243 National City Boulevard National City, CA 91950 Telephone: 619-336-4373, Fax: 619-336-4323 E-mail: rwilliams@ci.national-city.ca.us 12. OTHER PROPOSAL INFORMATION A. Reservations Issuance of this REP does not commit the City Of National City to award a contract, to pay any costs incurred in the preparation of a response to this request, or to procure a contract for services. the execution of any contract pursuant to this RFP is dependent upon the approval of the City Council of the City Of National City. The City Of National City reserves the right to waive any irregularities or informalities in the proposal or proposal process. The City Of National City retains the right to reject all submittals. Selection is also dependent upon the negotiation of a mutually acceptable contract with the successful respondent. The City Of National City reserves the right to reject any and all proposals, should it deem it necessary for the public good or if a firm has been delinquent or unfaithful in any former contract with the City Of National City. 'l he City Of National City reserves the right to accept or reject any item(s) thereon, or waive any informality in the process. B. Acknowledgment of Amendments. Each firm receiving a copy of this shall acknowledge receipt of any amendment to this RFP by signing and returning the amendment with the completed proposal. The acknowledgment must he received by the City of National City at the time and place specified for receipt of proposal. C. Additional Information. Questions regarding this solicitation shall be submitted in writing to: r) City of National City Attn: Ron Williams 1243 National City Boulevard National City. (:A 91950 Or by fax: (6191336-4349 Respondents/firms are cautioned that any oral statements made that materially change any portion of this RFP are not valid unless subsequently ratified by a formal written amendment to this RFP. No technical questions that may materially change any portion of this RFP will be accepted during the seven calendar days prior to the time and date set for receipt of proposals. D. Right to Cancel 'fhe City reserves the right to cancel, for any or no reason, in part or in its entirety, this RFP, including but not limited to: selection schedule, submittal date, and submittal requirements. E. Variations in Scope of Work 'fhe City Of National City may materially change the scope of work. Such changes may include additions, deletions, or other revisions within the general scope of RFP requirements. No material changes or adjustments shall be made without a written amendment to this RFP, signed by the City Clerk. The City of National City reserves the right to waive the written requirement for a variation in the scope of work if, in the opinion of the City, such variation does not materially change the item or its performance within parameters acceptable to the City. E. Applicable Laws. The contract awarded shall be governed in all respect by the laws of the State of California, and any litigation related to the contract or this RFP shall be brought in the State of California, with a venue of the San Diego Superior Courts. The firm awarded the contract shall comply with all applicable Federal, State, and local laws and regulations. F. Nonconforming Terms and Conditions. Any proposal that includes terms and conditions that do not conform to the terms and conditions of this RFP is subject to rejection as non -responsive. The City of National City reserves the right to permit the respondent to withdraw non -conforming terms and conditions from its proposal prior to action by the City of National City City Council to award a contract. F. Late Submissions. Any proposal received after the date and time specified for receipt shall not be accepted or considered. E. Public Inforrnation All documents received by the City Of National City are considered public records and will be made available after the RFP selection for public inspection and copying upon request. F. Contract for Professional Services The selected artists will be required to sign the attached Standard Professional Services Contract, Exhibit A, and all other required certifications and documentation within fifteen (15) calendar days of notification of selection G. Insurance Requirements 1fl All required insurance shall be submitted to the City Of National City within fifteen (15) days of notice of selection and prior to the commencement of any work in the facility. Failure to provide the insurance certificates and required endorsements within this time frame shall be cause for the proposal to be rejected as non -responsive. The entity/organization selected shall maintain insurance in full force and effect during the entire period of performance under the contract(s). Failure to do so shall be cause for termination of the contraet(s). All policies must have a thirty (30) day non -cancellation clause giving the City Of National City thirty (30) days prior written notice in the event a policy is cancelled. At the end of each contract year, the City Of National City reserves the right to review insurance requirements and to require more or less coverage depending on the assessment of risk, the entity/organization's past experience, and the availability and affordability of increased liability insurance coverage. The following coverage is required, subject to review by the Risk Manager of the City Of National City: 1. Commercial General Liability coverage with limits of at least one million dollars ($1,000,000.00) per occurrence. The City Of National City shall be named as an additional insured pursuant to a separate policy endorsement. ii. Automobile I.iability coverage with limits of at least one million dollars ($1,000,000.00), combined single limit, per accident. The City Of National City shall be named as an additional insured pursuant to a separate policy endorsement. 111. Workers' Compensation coverage in accordance with the laws of the State of California and Frnployers' Liability coverage with limits of at least one million dollars ($1,000,000.00) per employee. Policy must contain a Waiver of Subrogation Rights against the City Of National City. All coverage required by this Contract shall be provided by insurers licensed to do business in the State of California, which are rated at least "A, Vil" by the current A.M.Best Rating Guide. Any deductible and/or self -insured retention in excess of five thousand dollars ($5,000.00) must he disclosed on the certificate of insurance and acceptable to the Risk Manager of the City of National City. Any aggregate insurance limits must apply solely to this contract. h. Local Business and Fmplovtnent 1 he City Of National City seeks to promote employment and business opportunities fur local residents and firms. The entity/organization selected will solicit applications for employment and the purchase of materials and supplies for work associated with this document and subsequent agreement(s) from local residents and firms as opportunities occur whenever feasible. MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT January 22, 2008 AGENDA ITEM NO. 18 ITEM TITLE TEMPORARY USE PERMIT — Circus Vargas sponsored by Tabares Entertainment frorr- February 7-11, 2008 at the Plaza Bonita Mall. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Tabares Entertainment to conduct the Circus Vargas event at Plaza Bonita Mall from February 7-11, 2007. Set up for the event will commence at 12:00 p.m. on February 5, 2008. Each performance lasts approximately 1 '/2 hours. The showtimes are as follows: Thursday, Feb. 7, 2008 Friday, Feb. 8, 2008 Saturday, Feb 9, 2008 Sunday, Feb. 10, 2008 Monday, Feb. 11, 2008 7.30 p.m. 4:30 p.m., 7:30 p m. 2:00 p.m., 4:30 p.m., 7:30 p.m. 1:30 p.m., 4:00 p.m., 7:00 p.m. 7:00 p.m. The event will be dismantled on February 12, 2008 at 5 p m. This is a completely self-contained event in a tent approximately 165 feet in diameter. The event consists of live performances. There are no games, rides, or alcohol served at the event. Food will be prepared on -site in a trailer. Clean-up will be performed after each show. Environmental Review X N/A Financial Statement Approved By: 'Hie City has incurred $345.00 for processing the TUP. plus $3.19.00 Finance Director for the Fire Permit(s). Total tees: $744.00. Account No. STAFF RECOMMENDATION Approve the Application for a'1'emporary I )se Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A 64; ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9'99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Tabares Entertainment EVENT: Circus Vargas DA'I E OF EVENT: February 7-11, 2008 (set-up Feb. 5, 2008) TIME OF EVENT: Approx. 1:30 p.m. to 9:30 p.m. daily ROYALS: PLANNING YES [ x NO [ J SEE CONDITIONS [ J COMMUNITY SERVICES YES [ x NO [ ] SEE. CONDITIONS [ RISK MANAGER YES [ x NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x NO [ ] SEE CONDITIONS [ x 1 PUBLIC WORKS YES [ x NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x NO [ ] SEE CONDITIONS [ x J FIRE YES [ x NO [ J SEE CONDITIONS [ x J COMMI1N11'Y SERVICE YES [ x NO [ ] SEE CONDITIONS [ J POLICE YES [ x NO [ [ SEE CONDITIONS [ x J CITY ATTORNEY YES [ x NO [ ] SEE CONDITIONS ( x CONDITIONS OF APPROVAL.: POLICE. (619) 336-4400 Event organizers and sponsors along with Plaza Bonita should provide professional security during event dates. ENGINEERING No C1P Projects in the event's vicinity anticipated as of date. Please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. Please note Plaza Bonita is under construction/expansion. As a result, sections of access roads, i.e. Ring Road, are closed and may create traffic congestion issues. In addition, sidewalk, curb and gutter, and roadway (developer funded) improvements are pending throughout and adjacent to the property. For more information, please contact Kenneth Fernandez at 619-336-438X or Charles Nissley at 619-336-4396. FIRE (619) 336-4550 I . Access to the Circus Vargas to be maintained at all times.. 2. Eire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3. Exit signs shall be provided at all required exits. Exit signs shall be green in color (National City Municipal Code) 4. Fire 1 lydrants shall not be blocked or obstructed. 5. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 6. Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7. If tents or canopies are used, tents having an area in excess of 200 square feet and or canopics in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Permit fee is three hundred and forty nine ($349.00) dollars. Fees can only be waived by the City Council. 8. Provide 24 extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. All fire extinguisher to have a State Fire Marshal Tag attached 9. All cooking booths or areas to have one 2A:IOBC. If grease or oil is used in cooking a 40:BC or class "K" tire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 10. No smoking signs to be posted. II. A fire safety inspection is to he conducted by the Fire Department prior to operations (Attie carnival to include all rides, cooking areas, game booths, etc. 12. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum ofonc hundred ($100.00) dollars. 13. Any electrical power used is to he properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 14. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not he located within I() feet of amusement rides or devices 15. Fees can only be waived by City Council. RISK MANAGER (619) 336-4300 I've reviewed the application for the proposed use and note that the event will be held on privately owned property at Plaza Bonita. Will there be ongoing construction operations in the vicinity of the event? How will this be handled by the property owner'? Is there sufficient parking? Further, in keeping with the public interest, the applicant sponsoring organization, Tabares Entertainment, should provide evidence of the lbllowing insurance coverages: Commercial General liability insurance with policy limits of at least $2M per occurrence and $4M aggregate. In the alternative, the applicant could provide liability coverage with limits of $2M per occurrence, so long as the limits arc dedicated or specific to this engagement.; ('ommercial Auto Liability insurance with limits of at least $1 M per accident, combined single limits, any auto designation; and Workers' Compensation insurance with limits sufficient to satisfy California statutory requirements, for all employees subject to the state laws. The insurance must be provided by insurers licensed to do business in the State of California which arc rated "A-, VI" or better by the current AM Best Rating Guide and/or approved by the C'ity's Risk Manager. Otherwise, I have no objections to the application. Let me know if you have any questions - Ashley Fenton, Risk Manager 3 NATIONAL CITY, CALIF. • Type of Event. Public Concert _ Fair Fe tival _ Community Event Parade _ Demonstration _ ircus _ Block Party _ Motion Picture _ Grand Opening _ Other Event Title Event Location "cl---t".1t g‘e-, 79. r,.ek, sOV Event Date(s) From FO91 to Ji Total Anticipated Attendance 3 13-111) ( ZParticipants) (300 Actual Event Hours .3d am/ o a ' �'S g'� � 4-+ZS t° Sal Setup/assembly/construction Date'14 CI Start time riov- - Please describe the scope off `your setup/assembly work (specific details)• �vi+{� �'a l'n► 6 Month/Day/Yew Dismantle Date ( '2 - Completion Time 5'. 61) am/ rr1 List any street(s) requiring closure as a result of this event Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: e-T'G.6.1- �3 e For Profit '' yy0 _ Not -for -Profit N Chief Officer of Organization (Name) 50>;-1 QJt (Q�P, Applicant (Name) Va( J Address: 751J� 1 ev(.. 04p t0 � to Daytime Phone. tu)ct 4-- )5 7`Evening Phone: ( ) Fax:el&' ' L -03 Contact Person 'on site' day of the event N it-tSU,r. 0.) ptr U{� o� C� ^� Pager/Cellular NCl\A— 11i '�1 1 Z� NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 4 Is your organization a "Tax Exempt, nonprofit" organization? _ YES t/NO Are admission, entry, vendor or participant fees required? ✓YES NO If YES, please explain the purpose and provide amount(s) TtCiCreAS $ 3710 Clv Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 30/7 v V Estimated Expenses for this event What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event ( if 0. f y-S (yo($Th'w.4,t\CLS C2 CRSS)wf YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale- _ /Y� ES _ NO Does the event involve the sale or use of alcoholic beverages? VYES NO Will items or services be sold at the event? If yes, please describe: no'JQX _ YES "NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route "YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the use of tents or canopies? If YE : Number of tent/canopies ` Sizes L(as -�r�' 0 los NOTE A separate Fire Department permit is required for tents or canopies. YES L Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. fr Food Concession and/or Food Preparation areas ` �` Please describe how food will be served at the event: Q crAc S5 I0-\ SY o, 11.- ' If you intend tos,gok food in the event area please specify the method. GAS ✓ ELECTRIC CHARCOAL — OTHER (Specify): Y Portable and/or Permanent ToJJlet��Facilities Number of portable toilets l P (1 for every 250 people is required. unless the applicant can show that there are facilities in the immediate area available to the public during the event) Y Tables and Chairs • Fencing, barriers and/or barricades Y Generator locations and/or source of electricity Y Canopies or tent locations (include tent/canopy dimensions) • Booths, exhibits, displays or enclosures • Scaffolding, bleachers. platforms. stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above i Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans ) Trash containers with lids. Describe your plan for clean-up and removal of waste and garbage during and after the event: 1 Please describe your procedures for both Crowd Control and Internal Security r�- 0 1 Jr‘2C h o� Sa_CALf f R� 'S� �,rnV C �. A J _ YES O Have you hired any Professional Security organization to handle secunty arrangements for this event9 If YES, please list: Security Organization Security Organization Address: Security Director (Name): Phone: VYES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure s fety of the participants and spectators I t SLkS t Mvd I-J0 't a o.. t10,S 1•Ar'1t 1� ( 111>S145 Please indicate what arfangement you have made for providi g First Aid Staffing and Equipment. t 5b- "I rJ t r� ,c k --ka -rt f 9,4- Please describe your Accessibility P n for access at your event by individuals with disabilities JN1\ a r e�S 0.� ccSS.b�C Please provide a detailed description of your PARKING plan. V4.\\ f0-\( 1 Please describe your plan for DISABLEp PA KING: VI \ 'Pis 0-Med � (Y-1 4 Please describe your plans to notify all residents, businesses and churches impacted by the event NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES t#O Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music l/YES NO WiII sound amplification be used? If YES, please indicate Start time: , 7 arnitaFinish Time : 3 0 am/pdQ (2(ES _ NO Will sound checks be conducted prior to the event? If YES, [Apse indicate Start time: arnfpm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES Number of Bands 0 Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES v/ NO Any signs, banners. decorations, special lighting? If YES, please describe: Revised 08/10/05 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION 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. Organization 1-0.50.�QS9,/`�t1,„ Person in Charge of Activity S01'N q0 t{Q Address (lcl L j6I I- afctJy /V t) etc% Telephone \ O 1- 7I -39 ? 7___Date(s) of Use 1 ' I!''JC? HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signatu Official iltle Date for For Office Use Only Certificate of Insurance Approved Date a In Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) [i No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization �` O �� € Type of Organization (Scrvice Club, Church, Social Service Agency. etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question S) A tl 5. Will the proceeds provide a direct financial benefit to city govemment such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, sooial services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) 1 L-((-0) SignDate 9 )Z Thurs February 7 Fri February 8 Sat February 9 Sun February 10 Mon February 11 Prodl� .Gr THE MG ONE I' OACK1 Circus Vargas Westfield Plaza Bonita, National City February 7 -11, 2008 SHOW TIMES: 7:30 pm 4:30 7:30 pm 2:00 4:30 7:30 pm 1:30 4:00 7:00 pm 7:00 pm LENGTH OF SHOW: Approximately one and one-half hours EXPECTED ATTENDANCE: 300 - 500 per performance SEATING CAPACITY OF TENT: 1,500 NO GAMES OF CHANCE NO RIDES NO EXOTIC ANIMALS NO ALCOHOL IS SOLD OR SERVED NO OUTSIDE CONTRACTED VENDORS Circus Management provides in-house security guards. Management carries cell phone in case of 911 Emergency Circus Vargas is completely self-contained. The show has a double generator system. If the main generator shuts down, the back up generator automatically turns on. A source of water is usually provided to the circus by the venue on which the circus con- ducts business. Circus Vargas rents porta-potties from local sanitation companies. Since Circus Vargas is a family show and attracts primarily families, in-house security is normally sufficient to provide appropriate crowd control. The security can use cell phones to contact local law enforcement if the need exists. li Exit Management trailers .111111. Trucks r Exit Pipe , atie Performer trailers aoe Exit v 4 Wash Basin ■ ■ LAM ooth losemmr t. 0= � L Exit ,.awe trailer 15 ft from tent Entrance Gates Exit generator 30 ft min. from tent Generators Generators are Properly Grounded Management trailers Trucks Circus Vargas Generic Lot Layout Specific layout may be modified for the location where the show is set up.. This sheet Is provided to show the entire operation and approximate locations of items to be set up.. ‘1 1 ©:»*-» '04C-*4* 0 4*0* *4iti 04C 0. 4 - 1 rrtifira#e of jihmte Pziotaxta • • � t J 6 ate n CI REWIRED APPLICATION CONCERN No. F. 419.O1, ISSUED er CALIFORNIA TENT, INC_ 2876 Vail Avenue • Commerce, CA 90040 « 0 `�© me Doh, frad or manufactured This is to certify that the materials described on the reverse side hereof have been flame- retardant treated (or are inherently nonflammable). FOR'' PRODUCMCVS INC. E A CIPCYIS VA DDRESS 31522 BULLISH CI1Y IUCERNE VALLSY STATE CA. 92356 Certification is hereby made that:. (Check 'o' or 'b') . fa) The articles described on the reverse side of this Certificate how been Treated with a flame retardant chemical "paved and registered by the Slate Fire Marshal and that the application of sold chemical was done m conformance with the laws of the State of California and the Rules and Regulations of the State Fire Marshal. Nome of chemical used Chem. Reg, No. _ Method of application (b) The articles described on the reverse side hereof are made from a flame -resistant fabric or material registered and approved by the State Fire Marshal for such use. - Trade name of flame -resistant fabric or material used PVC VIN L Reg, No F'41�Q1 The Flame Retardant Process Used NOT Be Removed by Washing Cori% o, .nN nod fit// Z111r I/ifrZ Mow.. Applicator ./to.m.., &cow:M.ndon/ • 20' ' Fire Lane xx full ' Exit 10' Exit Exit 1 — 20' EXIT 7 — 10' EXITS X — Fire Extinguishers (Total of 16, located on ground level near exits) Area Marked Green are bleacher benches Area Marked as chairs are plastic seats on bleachers Boxes around ring have 2 rows of 4 loose . chairs each. Chairs are removed for Handicapped Seating on an as -needed basis • Exit 50 PERFORMERS ENTRANCE 25' MAIN ENTRANCE Exit • • • • • • SCALE- 20' SEATING CAPACITY 1500 Illuminated Exit Sign with 2 sources of power above every exit MARQUEE 49 12 2007 15:27 FA‘ @tool Transmittal DATE December 12, 7007 TO Joe Olson COMPANY RE: Circus Vargas at Plaza Bonita. FACSIMILE NUMBER 619-336.4217 FROM Donna Kudrick — Plaza Bonita PIIONE NUMBER (619)- 267-2850 NO. OF PAGES -2- (including cover sheet) Wesitlek( Westfield Plaza Bonita 3030 Pima Bonita Road, 412075 National City. CA 319504007 Tet ohone (G19) 267.2150 FICSImllr (GIS) 472:652 Joe• Attached please find consent letter for Circus Vargas at Plaza Bonita. They will be at our property February 2008. They will be applying for permits with your office soon. Thanks Happy Holidays!! Donna Kudrick Specialty Leasing Manager Plaza Bonita p 1�,pckV.fRwnniY]atn rr'J`M IX+^t WtQ107Q7 0 C The contents or this tran;,mtttal Including attachments) may be privileged and confidential. Any unauthcoreO vse of the contents is eµDeS9y prohibited. If you hove received the document in error. please ursvlse us by tehptlone }tcvcrse charges} immediatty and then st' -d the document Thank Km! (9 . 2 2007 15:27 FAX Z 002 Deccnthci 12. 2007 Kathleen Trees, Y.E., C.B.O. Building & Safety Director City of National City Building & Safety Department 1243 National City Boulevard, National City, CA 91950 4301 RE: Temporary Use Permit Circus Vargas Dear Kathleen: Westfield' Plaza Bonita 303U 11aeu bona.) Road. 02075 Na ,on,,l C er CA 91960-8007 Telephone !619) 267.2650 Ftacmlale 161 A)472-6652 This letter serves as official authorization for Circus Vargas to hold a circus in Lot »7 of Westfield Plaza Bonita property located at 3030 Plaza Bonita Road, National Ciiy. CA 91950. Cil cos Vargas is approved to occupy the parking lot on our property for the following dates. Circus setup Febi uary 3 and 6. 2008 Circus shows: February 7, 8, 9,10. and 11, 2008 Circus removal: February 12 and 13, 2008 Circus Vargas will be responsible to obtain a Temporary Use P, .'mir lion; the National City Btnldu:g and Safety Department, observe any fire codes a: j traffic regulations. and observe the Noise Orduianee of 10:00 p.m. to 7:00 a.m. while • Le our property. Please call me at 619-267-2850 should you have any questions. Thank you Sincerely. Donna Kudrick Specialty Leasing Manager Westfield Plaza Bonita )n Approved b}: City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 19 .4EETING DATE January 22, 2008 AGENDA ITEM NO. (ITEM TITLE Warrant Register for the period of 12/14/07 through 01/03/08 in the amount of $789,608.32 PREPARED BY Rizza Dela Cuadra DEPARTMENT CDC— Finance Accountant Jeanette Ladrido EXPLANATION (619) 336-4331 The Finance Department has implemented a policy to provide explanation of all warrants above $50,000.00 Vendor Check# Amount Explanation CDC Payroll various $78,792.47 Payroll for PPE 12/17/07 Various Owners various $610,518 20 Section 8 Housing Assistance Payments See attached report. Environmental Review ✓ N/A ,1:40. s /i/ Financial Statement anette Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION Ratification of warrants in the amount of $789,608.32 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Ratification of Expenditures for the period 12/14/07 THROUGH 01/03/08 A-200 (9/80) FOR MF-ETLNG OF JANII.%RY 22, 20(18 WARRANT REGISfLR FOR PFIRtOH: 12/14,07-01/03/08 PA C! Ilrw'ri wiun ChW No Amount • !r.axr! 1 :` iir,..:Attiei1nii►Sttitdr lkriff.,n•: s* �H P,VTR ICI\BEARD REIMBURSEMENT OF EXPENSES 11> I -PA MEETING 17647 S III OR BEST BEST & KRIEGF.k DANKA ESSEN II.\ MAN .MiEMEN1 SERVICES (,I (ISYNIEC* CONSULTANTS HARRIS & ASSOCIATES HUSK P:)RTNLRS rNIRASTRUC 1VRF. ).N(:IN) E K INC; KEYSF.R MAW; I()N1 ASSCK TATES. INC KI FINI l I I)FR. INC I A W OFFICE 01 DON DE11SCH NATIONAL. CONS I RGCI)GN KF \ I.\I S BRAD RAL LSTON SAN DIEGO CLI'PIN(, NI R\ 1( T SAN DIF.id)(,A\/ El 14 TRIC SCS I-EA:INFERS SWI+'WATER AUTHORITY WELLS E,\RGO ALFREDO 1' BARR\ LAW 0111CF. OF DUN 1)1- 11'('1I NATIONAL CH. Y ( H:\MIIFK ('P PRUFESSIONAI. SERVI(1-.s ( Y 1IC007 LQULPMLNT kl N I AI PROFASSI( )v,\I. SER VI(T.S WESISfDE. LPA (lK.\NI PROFESSIONAL SERV1CLS - F:DLCAIIUN VILLAGE PROFESSIONAL SERVICES HJUDI.\NI) FACADE CUNSULTTNG SERVICES 121,7 PROIESSION AL N',YVI)W IOW ER PEDFSIRI AN BRIDGE. PROFF.SSIuv AI. SF.R VIES - HARDLNG AVENT 1. I0''(07 Pk( )H-.SSIONAL SERVICES NCB 2ND 11) 12111 PROFESSION AL SLR\'ICLS (I.IvEI \NI).\\-FNL'E F.QI'IPMLNT RLNTAI. REIMBURSI.MILNI 1)1 111'SINF-SS LXTF NSES FU OXNAkI ) NEWSPAPER ( 1 IPI'IN(jS 1'T11.ri IFS 1 t(IU GIJ:VEL\NI).AVL P80I4SSION AL SI:R\'1(TS - 2'411/2slII 1I1,V ELAND A\T 09r007 UlIIITIESAT \'ARJOIIS PROW( I \ TRAINING AND TRAVI I F:S)'I:NSLS AFT-Oki/ABLE HOI 'SINI, I'KUH[SSIONAL SI:RVICFS I _n)/ PKOFLSSIONAI SFRVIC'LS - CLEVF.LAND A\'FNI 1E ANN(Ikl INAUGURVPION SIIBTOT\L - REDFVI l.OPMENT :liaii►4d+s>; 'J`•'r.zLa1L`�R �� r:7'' • ,• .. -. st�'�'• .;2: (►. �: P.1\TOU. rrE 12/17/07 SIIR'1'OIAI. - ADAIINISIRATIVI. KEV'OI.V'ING FUND 17648 17650 17651 17652 17654 17655 17656 1765% 1765.) 17660 1 7663 17U%, 1766s 17669 17670 17673 176 /.5 176./6 1'/67% 17679 19 646 75 418 24 937.56 4.557 24 2.700110 1,K750') 1.015 14 1.848 14 ?,673 40 6.71608 34 56 560.98 54 10 125 40 7..162 II 2.147 82 124 39 3.000 00 14.231 33 625 1M) S 76,2R4.31 S 78,74792 S 78:792.47 ''thi.NEata►L ':t�1.Y,i2W:-alt1•t1 •'itta. ... • , iiw i,i:~ - , 1..,Ni. a2.54+.,i• YYJ q'7L'P 67775. '). ,:JYYi A f&T/NP 1('1 N( vFAX LINE CHARGES 17646 S 122 13 CAI 1H )KNL\ RAKING CO IS(NP FOOD/CON'SU.M AI0I.F.\ 17(a9 641.80 IIAMII ION MEATS& PROVISIO\s NCNPFCK)D/CUNSI•MAI(I ES 17651 3•R9196 ❑)SEPH WEBB FOODS IS LINT I0U1u( Onsl'\1ABI LS F7657 714487 MCGCIRL DIS'fRIBIrI II A NCNP F(%)I)/( Y )NS(TIABLLS 17661 1.21325 \1ISSlON LNIPORM SFRV I('F N(NF' I INFN SUPPLIES 17662 9228 PADRE JANI It)R IA I. SUPPLIES. INC \(-NP I\ VITORAI. SUPPLIES 17(da 1.69330 44111 PRO F.I)(; KNIFE. NCNP SHARBLNING SFRVU I17665 REEKS RESTAURANT EQL IP SVC NCNP EQUIPS1FNI REPAIR 17667 4 u) 75 INGRID SLIT LNGREN CATI'RLNG RE in1RL4RSEMLN I 17671 42 74 S\TART& FINAL N( N1' H 8 )1VCI )NSLMABLLS 17672 137.10 S l'SCO SAN DILGU Nt M. H X)l1,CONSIIMAOILS 17674 6.35200 \-I Rll)NS H %N)HANDLERS TRAL\ING 17677 140(IO SI'RI I 11 AL - GENERAL FIND (NC'\PI S 22,47S.18 110USING ASSISTANCT. PAY MENI S AIJCECANO SONIA CARA V A,\ INS NATIONAI. CRE.I)rl KI'.PORTING FQI IIFAX CRH 01 INFORMATION S\'S CORPORAIF. F'XPRFSS INC \I R1)S (ORPOR\TION ( \I A(. \10RTG.\GE ♦1rta.1•n�: �, L •o. ,...:G�.l)4i :� C,'.a'•_.. '•i.i��ikk:K'f,7J.?� NL\NUA1 PA) MINTS .,S 610.518.200� NIB EA( IF REUIBL'RSI.SfENT • 07117. (9N7 & 1 I07 MILEAGE kEl\IBI.RSEMENT • ORnn. 10/07 & 11/07 HA( RGROI ND CK roR SR .o Hi' .1('ANT'S (REDIT BACKGROUND CHI I'K S8 UmCL SUPPLIES SS LEASL I I/_a17 L' I1U1INS lu/2007 & 11/2007 SUBTOI',\I, - SECTION 8 10417 1041% 10422 10420 10419 10423 104 2 i 41.76 42 77 55 65 126 13 282.35 439.19 550 26 S 612,056_34 TOTAL OF ALL FUNDS: S 789,60832 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE January 222008 20 AGENDA ITEM NO. (ITEM TITLE Resolution of the Community Development Commission of the City of National City approving an Agreement with Christensen Schwerdtfeger & Spath LLP (CSS) for as needed legal services and authorizing the Chairman to execute said Agreement with a not to exceed amount of $75,000. PREPARED BY DEPARTMENT Colby Young (x4297) Redevelopment Division Project Manager EXPLANATION On March 2, 2004 and August 22, 2006, the CDC approved an Agreement with Christensen Schwerdtfeger & Spath LLP (CSS) for as needed legal services. The most recent Agreement with CSS has since expired and staff desires to retain CSS to continue to provide legal services to the CDC when requested. CSS is a qualified and experienced law firm, and has satisfactorily provided legal services to the CDC on a variety of projects and issues pertaining to affordable housing, redevelopment law, and related litigation. As a result, staff recommends that the Board approve the Agreement with CSS for as needed legal services. The attached Background Report outlines the Agreement's scope of work. Environmental Review CEQA is not applicable. Financial Statement The Agreement sets a not to exceed amount of $75,000 for services performed within the term of the Agreement (one year). Account No STAFF RECOMMENDATION Adopt resolution approving an Agreement with Christensen Schwerdtfeger & Spath LLP for as needed legal services and authorizing the Chairman to execute said Agreement. ATTACHMENTS I. Background Report 2. Resolution 3. Agreement Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT On March 2, 2004 and August 22, 2006, the CDC approved an Agreement with Christensen Schwerdtfeger & Spath LLP (CSS) for as needed legal services. Since then, the firm has provided legal services for a variety of projects and issues pertaining to: • Density Bonus • Affordable housing connected with redevelopment projects • Shared Equity Loans • Prevailing Wages • HUD Section 8 Requirements • First Time Homebuyer Loans and Grants • HUD Home regulations • Housing set aside funds • Consultation regarding HUD, CDBG, elder care, and other related issues Since the original Agreement with CSS has expired, a new Agreement is necessary in order for them to continue to provide the CDC with legal services, when requested. If approved, the new Agreement with CSS shall include providing legal services to the CDC on a variety of projects and new issues, including but not limited to the following: • Affordable housing • Redevelopment law • Housing authority law • Federal and state financing programs and program compliance • Section 8 program advice • Tax credit financing • Bond financing • First time homebuyer programs • Fannie Mae Secondary Market compliance • Litigation of all kinds, including without limitation, environmental issues, condemnation actions, Polanco actions, enforcement of regulatory agreements and enforcement of inclusionary agreements • Deed of trust foreclosures • Appointment of receivers , and other litigation, as and when requested • Drafting of documents, including, but not limited to, disposition and development agreements, exclusive negotiating agreements, affordable restrictions, loan agreements, environmental indemnity agreements, UGC financing statements, security agreements, deed of trust, and other documentation • All such other and further services, including transactional and litigation services as and when requested by the CDC of National City of National City The agreement sets a not to exceed amount of $75,000 and a term of one year for services from the effective date until the expiration date of the Agreement. RESOLUTION NO. 2008 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH CHRISTENSEN, SCHWERDTFEGER & SPATH, LLP IN THE NOT TO EXCEED AMOUNT OF $75,000 FOR AS -NEEDED LEGAL SERVICES WHEREAS, the Community Development Commission of the City of National City (CDC) is charged with implementing the National City Redevelopment Plan; and WHEREAS, the CDC desires to retain Christensen, Schwerdtfeger & Spath, LLP to provide as -needed legal services; and WHEREAS, Christensen, Schwerdtfeger & Spath, LLP is a qualified and experienced law firm, and has satisfactorily provided legal services to the CDC on a variety of projects and issues pertaining to affordable housing, redevelopment law and related litigation. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an agreement with Christensen, Schwerdtfeger & Spath, LLP to provide as -needed legal services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 22tnd day of January, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (the "CDC") and CHRISTENSEN, SCi IWERDTFEGER & SPATH LLP, (the "Firm"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the Firm and the fee arrangement for said services. Article 1. Retainer. The CDC hereby retains the Firm to provide legal advice and assistance with regard to provide legal services, as and when requested by the CDC, involving issues of affordable housing, redevelopment law, and related litigation, if requested, as more specifically described in Exhibit A, subject to this Agreement. Article 2. Scope of Services. The CDC shall have the right in its sole discretion to determine the particular services to be performed by the Firm under this Agreement. These services are identified in Exhibit A. It is expected that the Firm will work with the CDC's Legal Counsel and CDC' staff. Article 3. Compensation. Compensation paid under this Agreement shall be as shown in the Fee Schedule attached as Exhibit A. A. The Finn shall not use more than one attorney for the same specific task without the CDC's approval. The Firm may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CDC'. B. The Firm agrees to document a plan and budget consistent with the scope of services described above in Article 2 to be agreed to by the CDC's Legal Counsel and the Firm. The CDC shall not be obligated to pay the Firm amounts not discussed, budgeted, and agreed to before being incurred by the Firm. C. The CDC has appropriated or otherwise duly authorized the payment of an amount not to exceed $75,000 for legal services and out-of-pocket disbursements pursuant to this Agreement. In no event shall the total fees phis out-of-pocket disbursements exceed this amount without written authorization of the CDC. D. The Firm shall keep the CDC advised monthly as to the level of attorney hours and client services performed under Article 1. The Firm will not charge the CDC for travel time; however, the Firm may charge for work performed for the CDC during any travel timc. E. 'Ihc ('DC further agrees to reimburse the Firm, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and Page 1 of 8 Agreement for Legal Services similar out-of-pocket expenses charged by the Firm as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the Firm shall provide the CDC with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CDC has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $.10 (ten cents) per page. (4) Auto mileage rates in excess of the rate approved by the internal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the CDC will consider reimbursement on a case -by -case basis. The CDC will not reimburse overtime incurred for the convenience of the Firm's failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Wcstlaw/Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the CDC's prior consent. The CDC expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CDC will consider reimbursement on a case -by -case basis. (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the CDC's payment process, the CDC will not pay any late charges or interest charges to bills. Every effort will be made to pay hills promptly. F. Bills from the Firm should be submitted to George Eiser, Legal Counsel, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the Finn for billing evaluation and review purposes shall be made available to the CDC in support of hills rendered by the Firm. G. The Firm agrees to forward to the CDC a statement of account for each one -month period of services under this Agreement, and the CDC agrees to compensate Page 2 of 8 Agreement for Legal Services the Firm on this basis. 'The Firm will consult monthly with the CDC as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. H. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete (a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must he included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be reference ("telephone call re: trial brief," "interview in preparation for deposition"). (c) The biller's professional capacity (partner, associate, paralegal, etc.) should he included. (f) All invoices should reference a Project Name and, where available, a Project Number as provided by the CDC (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor Klock pilling is acceptable. (3) Appropriate: The CDC does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the CDC will not pay for secretarial time, word processing time, air conditioning, rental of equipment. including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the CDC pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail. I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a CDC decision, and the CI)C's representative may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. (1) C)ncc an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the firm. The CDC will not pay the costs of bringing a new attorney up to speed. Page 3 of 8 Agreement for Legal Services (2) if more than one attorney is going to perform the same task, prior approval from the CDC must be had. This includes document review. Article 4. Independent Contractor. The Firm shall perform services as an independent contractor. it is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned of delegated by the Firm without prior written consent of the CDC. Retention of the Firm is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 5. Confidentiality of Work. All work performed by the Firm including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the Firm pursuant to this Agreement is for the sole use of the CDC. All such work product shall he confidential and not released to any third party without the prior written consent of the CDC. Article 6. Compliance with Controlling Law. The Firm shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the Firm shall comply immediately with any and all directives issued by the CDC or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 7. Acceptability of Work. '1'hc CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the Finn and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm in this Agreement, the (:DC or the Firm shall give to the other written notice. Within tcn (10) business days, the Firm and the CI)C shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm. Article 8. indemnification. The Firm agrees to indemnify and hold the (:DC and its agents, officers, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the Firm's employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the Firm and its agents, officers, or employees which result directly from the Firm's negligent performance of this Agreement. and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CDC, its agents, officers, or employees. Article 9. Insurance. The Firm shall not commence work under this Agreement until it has obtained all insurance required in this Article with a company or companies acceptable to the CDC. At its sole cost and expense, the Firm shall take and maintain in full Page 4 of 8 Agreement for Legal Services force and effect at all times during the term of this Agreement the following policies of insurance: A. C'ommericial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000). B. For all of the Firm's employees which arc subject to this Agreement. to the extent required by the State of California, Workers' Compensation Insurance in the amount required by law. C. Errors and omissions insurance in an amount not Tess than two million dollars ($2,000,000) per claim. D. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. The policies carried pursuant to paragraph 9.A above shall name as additional insureds the CDC and its Board officials, officers, employees, agents, and representatives. All policies shall contain language, to the extent obtainable, to the effect that: (1) thc insurer waives the right of subrogation against the CDC and its elected officials, officers, employees, agents, and representatives; (2) the policies are primary and not contributing with any insurance that may he carried by the CDC; (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the CDC by certified mail. Before this Agreement shall take effect, the Firm shall furnish the CDC with copies of all such policies upon receipt of them, or a certificate evidencing such insurance. The Finn may effect for its own account insurance not required under this Agreement. Article 10. Drug Free Work Place. The Firm agrees to comply with the City of National City's Drug -Free Workplace requirements. Every person awarded a contract by the CDC for thc provision of services shall certify to the CDC that it will provide a drug -free workplace. Any subcontract entered into by the Firm pursuant to this Agreement shall contain this provision. Article 11. Non -Discrimination Provisions. The Firm shall not discriminate against any subcontractor, vendor, 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 Firm 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 Firm agrees to post in conspicuous places available to employees and applicants for employment any notices provided by thc CDC setting forth the provisions of this non-discrimination clause. Page 5of8 Agreement tor Legal Services Article 12, Effective Date and Term. The term of this Agreement shall commence on January 22, 2008, and terminate on January 22, 2009, unless sooner terminated as provided for herein. This Agreement may he terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the Firm shall be given to the CDC's Legal Counsel. Article 13. Notification of Change in Form. The Firm has the right to effect changes in form including hut not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in Corm of any corporate partner or partners to any individual partners. The CDC shall be promptly notified in writing of any change in form. Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: George Eiscr, Legal Counsel Community Development Commission of the City Of National City 1243 National City Boulevard National City, CA 91950 cc: Brad Raulston Executive Director Community Development Commission of the City Of National City 1243 National City Boulevard National City, CA 91950 Notice to the Firm shall he addressed to: Christensen Schwerdtfeger & Spath LLP 550 West C: Street, Suite 1660 San Diego, CA 92101 Nothing contained in this agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 15. Headings. All article headings are for convenience only and shall not affect the construction or interpretation of this Agreement. Page 6 of H Agreement for Legal Services Article 16. Miscellaneous Provisions. A. Time of Essence: Tirne is of the essence for each provision of this Agreement. B. California Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The Firm covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this Agreement. C. Integrated Agreement: 'This Agreement including attachments and/or exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the C[)C and the Firm. 1). Severability: The unenforccability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. E. Waiver: The failure of the CDC to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. F. Conflict of Interest: During the term of this Agreement, the Firm shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. This prohibition shall not preclude the CDC from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. G. 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. Ii. 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, and (iii) 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. Page 7 of 8 Agreement fur Legal Services IN WITNESS WHEREOF, the parties have executed this Amended Agreement on the day of , 2008. COMMUNITY DEVELOPMENT COMMISSION OF TIIE CITY OF NATIONAL. CITY Christensen, SchwerdtfeRer & Spath, I.I.I (Corporation - signatures of two corporate ofrer%) (!'armershtp - one signature) (Sole proprietorship - one signature) By: By: _ Ron Morison, Mayor (Name) (Title) APPROVED AS TO FORM: George H. F.iser, III Legal Counsel By: (Name) ("title) Page 8 of Agreement for Legal Services Exhibit A Scope of Services Perform legal services, as and when requested by the CDC, concerning all issues within the expertise of the Contractor, including but limited to services concerning the following: • Affordable housing • Redevelopment law • Housing authority law • Federal and state financing programs and program compliance • Section 8 program advice • Tax credit financing • Bond financing • First time homebuyer programs • Fannie Mae Secondary Market compliance • Litigation of all kinds, including without limitation, environmental issues, condemnation actions, Polanco actions, enforcement of regulatory agreements and enforcement of inclusionary agreements • Deed of trust foreclosures • Appointment of receivers , and other litigation, as and when requested • Drafting of documents, including, but not limited to, disposition and development agreements, exclusive negotiating agreements, affordable restrictions, loan agreements, environmental indemnity agreements, UCC financing statements, security agreements, deed of trust, and other documentation • All such other and further services, including transactional and litigation services as and when requested by the CDC of National City of National City Hourly rates are as follows: Non Litigation Litigation Attorneys Paralegals $175.00 $90.00 $200.00 $90.00 Clerks $70.00 $70.00 Exhibit B PRODUCER (858)457-3414 FAX: Barney & Barney, LLC CA Insurance Lic: 0003950 9171 Towne Centre Dr, 500 San D1.: • o CA 92122 INSURED Christensen, Schwerdtfeger & Spath, LLP 550 West C Street, Suite 1660 San Diego CA 92101 ACORD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INFORMATION DATE LMRI MONYYY) 1/2/2008 CERTIFICATE INSURERS AFFORDING COVERAGE NAIC I INSURER A- Travelers 25674 INSURERe Travelers Casualty/Surety 31194 INSURER C INS(IRF R D INSUKEKE ;,OVERAGES THE POLICIES OF INSURANCE IISTFI) BF LOW HAVE BEEN ISSUED TO 1HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTNATHSTANDING ANY REQUIREMENT TERM OR CONDITION or ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. IMF INSURANCE AFFORDED BY THE POI CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS FXCLUSIONS AND CONDITIONS OF SUCH POLICIES ACCRE.GAIF LIMI15 SHOWN MAY tIAVE BEEN RE9(JCED BY PAID CLAIMS ~TR iMSRQ TYPE OFINSURANCE POLICY NUMBER EFFECTIVE DOATEE (MMIDO/YYI POLICYCY ION AA(MM1DDDNY) LIMITS GENERAL LIABILITY EACH QCCURRFNCE S 1,000,000 X COMMFRCL4l GENERAL LIAUY DAMAGE TO RENTED PREMISES wIIII PREMISES IEs ocCencRI 300,000 A ICLAIMS MALE I XIOCCUR 16804547L49807 6/15/2007 6/15/2008 MEDE7(P(Anl,c,ncv,o„I S 5,000 PERSONAL IDV AINAIRY S 1,000,000 _ __ GENERAL AGGREGATE S 2,000,000 GEI L AGGN MATL LAYI ANN. IFS PER PRODUCT COL(/OP AGG $ 2 , 000 , 000 X POLICY n lam• rI fECT IOC ALrOMOBIL .—. F LIABILITY ANY AUTO LOUD W EO SINGt E I MIT as amdr,IT ALL OVINE IF AUTOS SCHEDULED AUTOS 000ILY INJURY (Pee prrson ) S ' HIRED AU 'US NUN.OWN1U AU TOS UOOILY INJURY (Pe+ aCrldLv,t) PRoPERrY rAMAGE (PLY modem) S ,_GARAGE LIABILITY AUTO ONLY . EA ACCIDF NT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR I I CLAMS MADE AGGREGATE $ S DE DIIC I M. E RETENTION $ $ B WORKERS COMPENSATION AND I WC STATU OTH iOKv Curt ER E MPI OILERS' LIABILITY ANY PNOFRtTO( ARTNFR/FXFCUT(VE E 1 EACH ACCeDENT S 1,000,000 FIEF IF.FR,MEMBER EXCLUDED, UB7011Y37907 6/15/2007 6/15/2008 EL DISEASE EA EMPLOYEE 1,000,000 II yes. deSc'O. Inds, SPE nu PROVSIONS Mow EL DISEASE •POtICY LMR S 1,000,000 OTHER DESCRIPTION OF OPERATIONSAOCATIONSNEHICLES,EXCLUSIONS ADDED BY ENDORSEMEN SPECIAL PROVISIONS Additional Insured: Community Development Commission of The City of National City I_ CERTIFICATE HOLDER CANCELLATION Community Development Commission of The City of National City Denise Davis, Administrative Assistant 1243 National City Blvd MB National City, CA 91950 ACORD 25 (2001/081 NS025 own) oa, SI/OULD ANY OF THE ABOVE DESCRIBED PO(IGIES BF CANCELLED BEFORE TILE E XFlRATION DATE THEREOF, THE LSSUNG INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEE T. BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LULBIL ITT OF ANY MHO UPON THE INSURER, ITS.)(',ERTS OR REPRESE/j.ATNES. AIfTHORLZED ESENTATIVE e ACORD CORPORATION 1988 Peye 1 71 ACORD, CERTIFICATE OF LIABILITY INSURANCE i/3/2008 ) ►ROOUCER (858) 457-3414 x4970, Fax (858) 452-7530 R�rney & Barney, LLC insurance Lic: 0003950 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9./1 Towne Centre Dr, Ste 500 San Di ego CA 92122 INSURERS AFFORDING COVERAGE NAIC 0 INSURED INSURER Federal Insurance Company Christensen, Schwerdtfeger & Spat)&, INSURERB 550 West C Street, Suite 1660 INSURERL: INSURER D San Diego CA 92101 INSURERE COVER ES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURAFICE AFFORDED BY THE POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGTE LIMITS SHOWN MAY�fAVE BEEN REDUCED BY PAID CLAIMS INSR ME OF INSURANCE POUCY NUMBER POUCY EFFECTIVE DATE INMEIOYY) POUCY EXPIRATION DATE IMLY WDDYI LIMITS GENERAL LIABILITY EACH OCCURRENCE 4 COMMERCIAL GENERAL LADILIIY DAMAGE TORENT nas AM D MAGE T EI.MTEL/ / 1 CI AIMS MADE fl OCCUR own FXP (MN one MI..) I PERSONAL & ADlL[MAIRY t GENERAL AGGREC4ATE t GLH L AGGREGATE EMIT APPLIES PLR PRODUCTS • COMP/OPAGG I l j POLICY[--1 72i L L LOC AUTOMOBILE LIABILITY ANY NITO COMBINED SINGLE L MR (EE eocwenl) 4 AI I OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pe, T'egwn) 4 H HIRED AUTOS NON•OWNED AUTOS BODILY INJURY Epp nmrM) I PROPERTY DAMAGE (Pe JmRt M) t GARAGE LIABILITY AUTO ONLY EA ACCIDENT t ANY AUTO OTHER THAN EA ACC 4 AUTO ONLY NGG I O CESSAIMBRELLII LIABUTY EACH OCCURRENCE I OCCUR CLANS MATIF M�[',I:REGATE I I _ t — 1DL000IDLE INTENTION S 4 WORKERSCCNFLNSATLON AND rk I YYC STATLJ _ ° IOKY WARS f T LT EMPLOYERS' UABIY MY YRU1'RILTUWPARI NE IVEALCUT NE E L EACH ACCIDENT I OFF ICERIMEMBER EXCL I IDED, F L DISEASE EA EMPLOYEE' / 1 yes (NSnb IPgw SPESIAL PROVISIONS Deb. F I DISFASE . POLICY LIMIT I A OTHER Lawyers Professional Liability 68027712 05/29/2007 05/29/200S Limits of Liability: $2mi1/$2mi1 Deductible: $10K per claim DESCRIPTOR Cr OPE BATONS/.00ATTONBNEHICLESIEXCLU$IONS ADDED BY ENDORBCMENDSPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION L City of National City Community Development Commision 1243 National City Blvd. National City, CA 91950 ACORD 25 (2001/08) INS025 (o'O8' ass SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAY3 WRITTEN NOTICE TO THE CERTIFICATE HOt DER NAMED TO THE LETT. BUT PAB.URE TD DO SO SHALL EEF'OSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REP TIVE N ACORD CORPORATION 1988 Pam' N7 Exhibit C CITY OF NATIONAL CITY BUSINESS LICENSE APPLICATION 1243 Natio' df Cat), Bwd., National Llty. CA 91950 PPLEASE TYPE OR PRINT LICENSE WILL NOT BE ISSUED 4' REQUIRED INFORMATION IS INCOMPLETE ENCLOSE PAYMENT WITH APPLICATION MAKE CHECKS PAYABLE TO THE CITY OF NATIONAL CITY. A GENERALINF9RMAllQN BUSINESS NAME (D PA OR INDIVIDUAL NAME) LOCAL •USTMESiPHONE Christensen Schwerdtfeger & Spath L P (619)236-9343 CORPORATE NAME (IF DIFFERENT FROM D P.A.) 0R ()CATION IN NATIONAL CITY STREET NAME C Street R Sulte t660 MAILING ADDRESS AND/OR P.Q. BOX LAR STREET NAME 00 ITE West I C Street ute60 P.O. NOS NO, crr San Diego PHCNT MJNBER AT MAILING AOORESS 11ICLUDE AREA CODE BUS x TIC• ALL I ICFNSES EXPIRE DECEMBCR 31 RENEWALS ARE DUE BY FEBRUARY 713 City of National City DUSIN(SS LICERSF DIYESC* (619) 336-4330 STATE ZIP CODE TAXES $ CA 92101 MISC PENALTY $ (619) 236-9343 CASHIER'S COPY TOTALS TRANS/jDON TYPE - CNLc1 AND WNKETEIF APPLE A51 C NEW BUSINESS IN NATIONAL CITY: BUSINESS WILL OPENJOPENMD ON: OWNERSHIP CHANGE: PREVIOUS NOSINESS NAME: C. DESCRIPTION OF BUSINF ___ CTROC ONE A WHOLESALE B. RETAIL C. XSLRVICC D. RENTAL UNITS. • OF UNITS . _ FLANL1AC11J NG F CONTRACTOR SfAIE LICE a/ HEALTH RE OCT! ABC •/ M RS it( • STATE RFSAI F a FFDLRAL ID •J SOCIAL SEC. a Cdc S8AI SC7L8 /LuFS /77S0 8 j N to 02-0609657 DESCRIBE BUSINESS IUuY - INCLUDE PRINGPAL PRODUCT OR SERVICE _Law practice M1MIA.K Of DUSIMSS vEIeats OPERATING IN NATIONAL CITY WITH '0uR COMPANY ADVERTISING (I O(0) OH THEN Zero D. OWNERSHIP INFORMATION CHEOC ONE' 1 STNCLE PROPRIFTOy&l1P 1 PARTNERSHIP C CURPIIRAn0N UST OWNER/PARTNERS/CORPORATE 0tF1(cRS ChartPs R Chri tensen LIST NAME ARST MANE Christensen Charles HOME ADDRESS CPT 26R4 Tnnqui1 Tlriu LAST FAME TITLE Senior Partner `b 5 23-4935 STATE i'W CODE San ieYo CA. 21Q6 FIRST NAME �N1 "fiTlE 1 HOMe IMIONF Soath IWalter F Partner NOME ADDRESS cir STATE 4621 Tivoli Street San Diego CA. ALE INFORMA110N 9 2107tIP c0DE 11ST IN ORDER OF PRIORITY AND PRORIMI IT 10 BUSINESS THE PERSON TO BE CONTACTED AT NIGHT IN CASE OF MIA( IN OR FIRE NAME TITLE TELEPHONE a L Charles B.—Cilxiat.e. - Seui.or Partner. 61Q 223-4935__ • 2. WalfPr R gpnrb TTT Par cue r WI226-241O DO YOU HAVE A ELRGLAR ALARM' IX N0 1 YES LE YFS S SILENT 4. MAMMA NAME OF Al ARM COMPANY PHONL • DCCALS v BUS a OFFICE USE ONLY LIC r BUS(NFSSCODE (AIFGORY B/C-IUD PFND ACDITED BY C11N FILE' DATE M/0 PD ? C IC'O NIA P/L - II/0 PFND P L A L --A C AP DATE EN;ERED 3Y DATE BA SENI INT BUSINESS LICENSE TAX RATE SCHEDULES $CHEDULE I- BUSINESSES NOT CHARGED ON GROSS RECEIPTS (ENTER TOTAL ON LINE 11 BELOW CONS IRUCI ICN OneY _A lyp. C So5Collreclor004-1owro B 1ro6 'A o 11 l0nt's:1p.QA 041 pr., _ C AG Only MOM e1t41e' D AciAI or1T ma IIOre _ E Am"grn04 VL4OC F 195..594 of G Daocanal 135C0 S 20003 S S3500 S 535 00 S 26500 5 26•.00 805W _ -I ' onow leley Mvn 1 pp^ UOrs' _ K EwsDmee1 _ 1 MOD lo asJIQ1.ght 93+1RWr9 M M06,* AmSA40Vr1 vetwe _ N 71,0 I01J,0n m 144s0111 CAT SCHEDALLE II - BUSINESSES CHARGED ON GROSS RECEIPTS TAXABLE GROSS RECEIPTS ! 2650C _0 R.941M40 NOI,Of co Wn 5 1.000 _9 Ftt nompl S 400 00 0 5911,e+554t ,no.o4NN 10 5"1.'ws 56 000 00 IbS*ta r1NS4 tot .n (Mort/ Cil/ I r3500 _ S Auct.coecr S 65 00 _ , 0..1-or sown Nr100r 955 00 pc 'et, Oa 5 2000 $6500a rends• _ 7 RO MA bop 4 59. 49e Hn00' 1 5200 D..40 138 5200 OC n YONOCS • BUSINESS CLASSIFICATION 1 2 3 4 5 6 $ 13600 0.19.999 20.000.49.999 50 000-99.999 100000-199.999 200 000-299.999 300 000- 399 999 400 000-199 999 S00 000 599 999 600 000 699.999 700 000.799.999 800 000899.999 900.000999.999 1003.0001.099.999 0001.099.999 1 100,000.1.199,999 1 200.000.1.799. 999 1.300.000.1.309.999 1 400,000-1 499,969 1.500.000.1.999 999 2 0000002.499.999 2 560.000.2 999.999 30000003,499 969 3 503.000 3 999,999 4 000 000Jf 999 999 5 000 000.5.999.999 6 000 000-7 999.999 8 000.000-10.599 9S9 11 300.00C-11.999.999 14 000.000-15 990009 16 000.600.17.996 999 18.000.00019.99E 999 20 000.00021.995.999 22.000 000- AND ABOVE 13 50 50 50 50 50 60 50 50 SO 60 80 50 53 52 80 74 86 50 53 S8 76 81 93 SO 64 80 98 112 128 CO 81 107 121 741 161 73 9/ 121 145 109 194 EA 113 141 169 S97 225 96 128 160 192 224 256 10/ 143 179 214 250 286 118 157 197 236 275 315 129 177 215 257 300 343 139 185 232 278 324 371 149 199 248 298 346 390 159 212 265 318 371 423 168 224 280 336 392 449 177 236 796 35S 414 473 211 298 370 444 516 592 266 355 444 531 621 7.0 310 413 515 619 723 876 352 459 555 703 820 918 392 523 653 764 915 1045 47C 627 783 940 1 095 1253 545 777 908 1090 1 271 1453 688 918 1 747 1.376 1.606 1635 894 1,192 1 490 1 788 2.086 2384 1 091 1.455 1 519 2 183 2 547 2,910 1 717 1 623 2 029 2.434 2.840 3.246 1 343 1.791 2 238 2.686 3 13) 3.681 1.469 1958 2.448 2.337 3427 3916 1 594 2.126 2 857 3,18E 3 720 4,252 3.720 2 294 2.687 3 440 4.014 4,587 BUSINESS LICENSE TAX CALCULATION A BASIC TAX 4¢HECK ONE( t _ FOR CLASSIFICATION 10. FIRST LICENSE $90.00 2 _ FOR CLASSIFICATION 1.6 ONLY. SECOND YEAR RENEWAL 3 EXACT GROSS RECEIPTS FROM PREVIOUS YEAR 5 4 TAX (FROM RATE SCHFDULF 815 X2- 5 LESS PRIOR YEAR MINIMUM DEPOSIT 5 5C 00 6 NET TAX 7 _ FOR CLASSIFICATION 1.8 ONLY RENEWALS AFTER SECOND YEAR 8 EXACT GROSS RECEIPTS FROM PREVIOUS YEAR $ 9 TAX (FROM RATE SCHEDULE 11) 10 _ FOR BUSINESSES NOT CHARGED ON GROSS RECELP TS 11 FLAI TAX (FROM RATE SCHEDULE I) D.OTHER FEES (CHECK IP APPLICABLE) 12 _ CHANGE OF LOCATION (CALL FOR AMOUR I ) 13 _ CHANGE OF BUSINESS NAME (CALL FOR AMOUNT) 14 _ V1DEOC..AMES—S5 03 PER MACILINE X 15 _ MISCELLANEOUS 16 SUBTOTAL C. PENALTY IF TO AFTER FEBRUARY 260, 17 MARCH 1 through MARCH 31'ADD 20% Id _ APRIL 1' through APRIL 30' ADD 40% 19 _ MAY 1" through MAY 31" ADD 60•. 20 _ JJNE 1" 0,55.315 JUNF 30' ADD 80% 21 _ AFTER JUNE 30w ADD 1004 22 TOTAL TAX DUE PLEASE ENCLOSE PAYMENT WITH APPLICATION C.-CCKS SHOI:LC BE MADE PAYrdfll IU THE CITY 06 NATIONAL GTY MACHINES- D SALES OR USE TAX MAY APPL Y TO YOUR BUSINESS ASC TNIT4E5 YOU MAY SEEK GRITEI: ADVICE REGARDING THE APPLICATION OF TAX TO YOUR PARTICULAR BUSINESS BY WRITING TO THE NEAREST STATE BOARD OF EQUAI i7ATION OFFICE E I DECLARE U6 E'RPP / T RY THAT THE STATEMENTS HFPFIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOW_CDGE AND BELIEF TITLE /H7e I71'C 7 BUSINESS NAME �f<!Q 2'f /1.W 5e-"/ c /- 4358 CHRISTENSEN SCHWERDTFEGER & SPATH LLP 550 WEST C STREET. SURE 1660 SAN DIEGO. CA 92101 (619) 236-9343 REGENTS BANK 501 WEST BROADWAY SUITE 550 SAN DIEGO, CA 92101 90433?h22? 1/2/2008 PAY TO THE me City of National City ••65.00 ORDER OF $ Sixty -Five and 00/100 DOLLARS MEMO The City of National City Business License Application II.0043581I' 1:i22243320: 002 10227it' CHRISTENSEN SCHWERDTFEGER & SPATH LLP GENERAL ACCOUNT AUTHORIZED SIGNATURE 4358 CHRISTENSEN SCHWERDTFEGER & SPATH LLP GENERAL ACCOUNT 4358 7 P11-Tt<141ik-1 J R71:C1IE1,_!cki 11-11 1�� t0 REOHUFH. 858/350 9370 NS'S, 7814 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE January 77. 200S AGENDA ITEM NO 21 1 EM 'TITLE / RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF IHF CITY OF NATIONAL Cl'f APPROVING STAFFS RECOMMENDATION FOR THE STUDENT COMMUNITY DEVELOPMENT PROJECT WITH A NOT 10 EXCEED BUDGET OF $50,000 PREPARED BY DEPARTMENT Jacqueline Reynoso (ext. 4293) Economic Development Division Community Development Coordinator Strategic Action Plan 4E EXPLANATION In light of a fixed project budget of up to S50,000 and a project completion date of June 2008, a large number of the student proposals submitted were not feasible. However, staff noted that SUHI AVID and M.E.eh.A submitted several smaller proposals focused on improvements to Kimball Park, which could be combined to integrate multiple student ideas. As the City is separately pursuing a variety of improvements to public parks, various smaller proposals could meet the goals of the City and complement the other on -going improvements. Therefore, staff recommends that CDC implement a student community development project that integrates various components from different student proposals. With one anchor project, a proposed renovation of the pedestrian bridge at the 161h Street entrance to Kimball Park, students could incorporate as many of the other secondary student proposals as possible within the available time and budget. Secondary proposals include flower planters on the bridge, landscaping, new park signage, new park ' rrniture, community art piece, and other park upgrades such as repainting and cleanup. Environmental Review N/A Financial Statement Use up to S50,000 in budgeted funds from the Student Community Development Project Lund for the recommended project. STAFF RECOMMENDATION CDC Board adopt the resolution. ATTACHMENTS Resolution No. I Stall' Report 2 Summary of Student Proposals 3 Student Proposal Evaluations 4 Resolution A-200 (9/80) RESOLUTION NO. 2008 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE STUDENT COMMUNITY DEVELOPMENT PROJECT IN THE NOT TO EXCEED AMOUNT OF $50,000 WHEREAS, on June 19, 2007, the Community Development Commission of the City of National City (CDC) adopted the preliminary budget for Fiscal Year 2007-08; and WHEREAS, the Economic Development Division budget includes $50,000 for the Student Community Development Project; and WHEREAS, on September 18, 2007, the CDC Board adopted Resolution 2007- 223 approving the Student Community Development pilot project for the 2007-2008 academic school year at Sweetwater High School (SUHI); and WHEREAS, the proposed project fulfills Action Plan 4E from National City's 5- year Strategic Plan; and WHEREAS; SUHI students submitted their community development project proposals to the CDC on or before November 19, 2007; and WHEREAS, the Mayor and Council presented each participating student with a Certificate of Recognition during a lunch ceremony at SUHI on November 20, 2007; and WHEREAS, representatives from the National City Chamber of Commerce and the City of National City evaluated the student proposals; and WHEREAS, based on a fixed project budget of up to $50,000, a project completion date of June 2008, and a comprehensive review of project evaluations, staff feedback, City priorities, and project feasibility, CDC desires to implement a student project that integrates various components from different student proposals; and WHEREAS, the proposed project will complement the City's planned public facilities improvements to Kimball Park; and WHEREAS, staff recommends one anchor project, a proposed renovation of the pedestrian bridge at the 16th Street entrance to Kimball Park; and WHEREAS, students could incorporate as many of the other secondary student proposals as possible within the available time and budget; and WHEREAS, the project's implementation will be coordinated with the Engineering Department, Building and Safety Department and Community Services Department; and WHEREAS, the project will be the property of the City of National City; and WHEREAS, the CDC will disburse project funds according to the project needs and retains disbursement control of all project funds. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Student Community Development Project with a not to exceed budget of $50,000. Resolution No. 2008 — January 22, 2008 Page 2 PASSED and ADOPTED this 22nd day of January 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Staff Report On June 19, 2007, the CDC of National City (CDC) adopted the preliminary budget for Fiscal Year 2007-08. The Economic Development Division budget includes $50,000 for the Student Community Development Project. The proposed project fulfills Action Plan 4E from National City's 5-year Strategic Plan. On September 18, 2007, the CDC Board adopted Resolution 2007-223 approving the Student Community Development pilot project for the 2007-2008 academic school year at Sweetwater High School (SUM). The Student Community Development Project is a pilot program administered by thc CDC in partnership with SUIII. The program was administered as a project proposal competition to encourage students to participate in the City's community development efforts, learn about the value of public service and volunteerism, and to encourage community pride and ownership. SUH1 students submitted their community development project proposals to the CDC on or before November 19, 2007. The Mayor and Council of National City presented each participating student with a Certificate of Recognition during a lunch ceremony at SUHI on November 20, 2007. Representatives from the National City Chamber of Commerce and the City of National City evaluated the student proposals based on 4 criteria including project selection / creativity, community benefit/ impact (meets goals and objectives of the City's Strategic Plan), community development value to community and students (number of students involved), and quality of the project proposal (completeness, presentation, timeliness, resourcefulness). Students submitted a wide range of project ideas and community development activities. In light of a fixcd project budget of up to $50,000 and a project completion date of June 2008, a large number of the proposals submitted were not feasible. However, staff noted that the SUHI AVID class and M.E.ch.A submitted several smaller proposals focused on improvements to Kimhall Park, which could be combined to integrate multiple student ideas. As the City is separately pursuing a variety of improvements to public parks, various smaller proposals could meet the goals of the City and complement the othcr on -going improvements. Therefore, staff recommends that CDC implement a student community development project that integrates various components from different student proposals. With one anchor project, a proposed renovation of thc pedestrian bridge at the I6`s Street entrance to Kimball Park, students could incorporate as many of the other secondary student proposals as possible within the available time and budget. Students would he encouraged to work to gather estimates for their proposals, timelines for construction, volunteer opportunities, and determine what is possible within their budget. Based on a comprehensive review of the proposals and evaluation forms, staff feedback, City priorities, and project feasibility, staff has arrived at the following recommendation. Recommendation Project Location: Kimball Park Project Scope: • Major Component/Focus Point: Rebuild/refinish existing pedestrian bridge at 16th Street entrance to the park • Secondary Project Options: (various options to be determined by participating students based on time, budget, needs, availability, etc.) o Additional bridge enhancement, such as installation of flower planters on the bridge; o Enhanced landscaping of area around bridge, including potential enhancement of creek channel; o Addition of new park signagc archway reading "Kimball Park" and integrating new City logo, and/or a plaque with a historical reference to the park and the Kimball family; o New park bench or other furniture with plaque commemorating participating SUHI student; o New gazebo in the park near the bridge with a commemorative plaque for participating SUM students; o Potential landscaping around new gazebo; o Include a community art piece- possibly integrate art piece on exterior bathroom walls; and o Additional upgrades to other park buildings and structures, such as repainting existing bathrooms. Staffs recommendation for the student project supports multiple actions plans in the City's 5 year Strategic Plan including: Support City Parks and Open Space (3c), Identify Local Landmarks (8a), Draw Attention to Important Gateways (9b), Invest in Infrastructure and Aging Public Facilities (7b), Implement new City Branding and Signage Program (8b), Establish a Memorable Visual Identity in City (8c) with a new sign, and Work with Local Schools to Empower Youth for Community Change (4e). The proposed project will complement the City's planned public facilities improvements scheduled for 2008. The Community Services Department will work with Sweetwater high school and student council to mobilize students for involvement in the project and coordinate all outreach activities. All Sweetwater High School students are encouraged to participate in the project's implementation. Students will also have an opportunity to earn volunteer credit. The project's implementation will be coordinated with the Engineering Department, Building and Safety Department and Community Services. • Attachment 2 Sweetwater High School Summary of Student Proposals Campus support: o Mr. Wes Braddock, Principal o Mr. John Cherry, ASB Advisor o Mr. Sergio Quintero, Teacher o Ms. Luz Zuniga, Teacher o Mr. Griggs, Teacher o Ms. Claudia Tcllcz, Teacher o Mr. Jose Mendoza, Computer Lab Facilitator o Ms. Kristina Campbell, Teacher/ Club Advisor o Mr. Jason Josafat, Teacher/ Coach o Ms. Meg Garcia, 'teacher/ Academic Coach o Ms. Araceli Vaca, Teacher o Mr. Craig Collins, AVID Coordinator o Mr. Antonio Pcrraza, Art teacher o Link Crew o Animal C.A.R.E. o Devil's Advocate o M.E.eh.A o Key Club Participating Students: I. Brandon Carlos Angeles on behalf of Mr. Perraza's Art Class 2. Erik Pulido on behalf of Sweetwater High M.E.ch.A 3. Michael Romero on behalf of Sweetwater High Link Crew 4. Dejuan Bright, on behalf of Sweetwater High School A.V.I.D. 5. Jose Valencia, on behalf of Sweetwater High School A.V.I.D. 6. Diana Romero, on behalf of Sweetwater High Animal C.A.R.E. 7. Kristian Castro on behalf of Sweetwater High Key Club 8. David Diaz on behalf of Sweetwater High Key Club 9. Crystal Gonzalez on behalf of Devil's Advocate Publication 10. Marcos Delgadillo on behalf of Devil's Advocate Publication 11. Chelsea Rosenhach on behalf of Devil's Advocate Publication Proposals: 1. (Mr. Collins AVID class: Jose Jurado, Ilomer Stinson, Diaz Ricardo) • Decorating the concrete under 805 over Plaza Blvd. w/ art similar in style to Chicano Park w/lights for night time viewing and security- (Homer Stinson) • Open up the Community Youth Athletic Center to the public, add a second floor, and run various fitness programs for all ages —(Jose Jurado) • More lights at Kimball park, particularly near playground and library • Renovate Kimball Park bathrooms • Large Fountain shooting recycled water up from ground, possibly from renovated koi pond, similar to Viejas or Vegas -like fountains that arc lit up at night • Play area for kids in the summer time • Large Lit Information Kiosk/Monument that people can see from major thoroughfare in order to find where they need to go in NC • Historical Museum/Statues/Monuments to educate people on the history of National City to give people community pride (Diaz Ricardo) • Large Abstract artistic structures on or near major intersections that could be lit at night and cast "cool" shadows • Homeless Shelter similar to Alpha Project in Downtown San Diego 2. (Dejuan Bright & Jose Valencia -AVID) • Clean-up swampy arca at Kimball park, turn into a koi pond and fountain, install a large Kimball Park sign over Veteran's Memorial, all iron archway, rebuild the bridge over the proposed koi pond 3. (Brandon Angeles- Perraza) • Mobile Mural Project 4. (Michael Romero -Link Crew) • Erect Statue of Gail Devers on corner of D and 30th Street - "Sport Walk of Fame" against new brick retaining wall surrounded by floodlights honoring past red devil athletes. Area to include new landscape with planter beds, shrubs and ground covers • F street & 28th Street, "Lower Field" - New utility storage, demolition of old batting cages, new 10 X 10 fenced entrance, new landscaping • "Lower Field" Lighting surrounding D Avenue, F Avenue, and 28th Street 5. (Diana Romero -Anima) C.A.R.E) • Kimball Park Children's Art Center- Develop Art & Culture District including a Playhouse and Art Center 6. (Kristian Castro & David Diaz- Ms. Campbell)- The Island Project on Highland Avenue. • Stop signs or lights at Highland & 29°' street- signage to ensure safe crossing • Plant trees along Highland Avenue, plant trees on parking lots with owner's consent • Attach recycle bins to trash bins on Highland Avenue • Remodel benches on Highland Avenue • National City Library to become a performing arts center 7. (Crystal Gonzalez, Marcos Delgadillo, Chelsea Rosenbach- Devil's Advocate) • `The Highland Project" between 21st & 22"d- develop empty lot into a playground 8. (Erik Pulido, M.E.ch.A) • Improve baseball fields and restrooms at Kimball Park - new fencing, bench paint, replace toilets and sink, provide Netter lighting for bathrooms ti Attachment 3 Student Proposal Evaluations ;t. Hignland Project- Gonzales, Delgadillo, Rosenbach _ ... ;=�„' _c' `., T ' ' 1- ; _... _ _ Not within budget; property not necessarily available tor purchase. Children's AR Center D. Romero L�fi- , Not within budget. Island Project- Diaz, Castro _f .. ._ A Not within budget. Mural Project- Angeles i;� �`� ' - " } `; , f:} ' Support Public Art (7.e.) Good opportunities for student involvement in the preparation and creation of the mural, due to existing template proposed. Question of mural content and appropriateness; also no clear definition of use or placement of mural AVID Projects Kimball Fountain i' :; :I. ,4• �? ; fit - Not within budget. "%mmall Bridge, Pond, Signage- Support City Parks and Open Space (3.e.): Opportunities for student involvement in clean-up of bridge area, painting bridge, and potential complement current p City park improvements being planned for Kimball Park. Identify Local Landmarks (8.a.) Draw Attention 10 Important } Gateways (9.b.); -3Would A Z; ; gj l Invest In Infrastructure & Aging Public Facilities (7.b.) landscaping around new Signage. Also potential to add small gazebo near bridge with plaque to students and potential additional landscaping. Implement new City Branding & Signage Program (8.b.) k, ' �� ' ' yA 12'; Y r is _ _ .. `';; ) ALL, Establish a memorable visual identity in City (8.c.) - new sign Statues~ Support Public Art (7.e.) Opportunity for student pPo ty involvement in selection of statue subjects. Little opportunity in installation or creation. Process for subject selection; timeline of statue creation? Identify Local Landmarks (historic events/people) (8.a.); Street Art ` " '. ; ; b'- ; ' : Support Public Art (7 e.), Opportunity for student involvement in selection of art subjects and artist. Little opportunity in installation or creation. Process for subject selection; timeline of statue creation? a�'E ' `-, �? :, _ Draw attention to Important ='- 1N Gateways and Intersections t i .) Kimball B-ball Park - Pulido �. "" = ' `r' `` ,:, . �r .e, Not within budget: already underway with City park project. Red Devil Renewal- M. Romero 4 4 . . 4, Identify Local Landmarks (8.a.), Good opportunities for student involvement in clean-up,majorityof construction would need to be professionals (lighting, concrete, etc.) School property, not City owned; restricted community benefit beyond aesthetics 1,.�a 4.1'J4M Support Public Art (7.3.); Invest in Aging Public Facilities (7.b.) Museum 4. - - Not within budget. Paint 805 Bridge - - Not within budget. Gym 2nd Floor :• ` Not within budget; private property improvement. _> 10 = 5-10 =<10 7- ITEM #22 1 /22/08 VERBAL UPDATE ON PLAZA BONITA BIKEWAY PROJECT (ENGINEERING) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2008 AGENDA ITEM NO. 23 (EM TITLE Update on City of National City Building Department plan of action for non -permitted flower vendors within City limits PREPARED BY Antonio Garcia, 336-4210 DEPARTMENT EXPLANATION Building & Safety Historically, non -permitted flower vendors are a concern to the City. The City's concerns range from safety issues. such as traffic obstructions. to protecting the interests of our legitimate businesses and partners. Last year the Building I )ept sent correspondence to media outlets and the National City Chamber of Conuncrce to proactively inform our community and outreach to the Puhlic. The feedback from various staff. departments. and general public were positive regarding this outreach. Our current plan of action is to duplicate this effort on informing our Puhlic about our local codes and regulations. Environmental Review X N/A Financial Statement n/a Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended that the City Council record and file staffs plan of action. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No. Prior year correspondence to media outlet and National City Chamber Business Members A 200 099) r February 11, 2008 MEDIA ADVISORY — FOR IMMEDIATE RELEASE PRESS RELEASE City Contact: Antonio Garcia (619-336-4210) NATIONAL CITY OFFICIALS TO TARGET UNLICENSED VENDORS ON VALENTINE'S DAY To protect the interests of -licensed businesses in the City of National City, officials will be conducting extra enforcement of unlicensed vendors on Valentine's Day throughout the city. In a concerted effort, the Building Department's Code Enforcement Unit and the Police Department's Traffic Division will contact vendors, patrons, and property owners who are violating municipal codes and traffic laws and who may be subject to citation. The City of National City has encouraged members of the National City Chamber of Commerce to not allow unlicensed vendors to sell their wares on their property and instead encourage patronage of their fellow licensed businesses. Non -permitted vendors may he reported by calling 619-336-4210. City of National City Building & Safety Department 1243 National City Blvd., National City, CA 91950 619-336-4210 January 20, 2007 Re: Non -permitted Flower Vendors during Valentines Day Dear Chamber Members: To protect the interests of licensed businesses in the City of National City, the City will he conducting extra enforcement of unlicensed vendors on Valentine's Day throughout the city. In a concerted effort, the Building Department's Code Enforcement Unit and the Police Department's Traffic Division will contact vendors, patrons, and property owners who are violating municipal codes and traffic laws and may he subject to citation. The City of National City would like to encourage Chamber members to not allow unlicensed vendors to sell their wares on their property and instead encourage patronage of their fellow licensed businesses. Thank you for your cooperation as we try to protect the interests of our legitimate businesses and partners. Attached are the affected municipal codcs regulating outdoors sales, permitted displays, and special promotions. if you have any questions, or would like to report non -permitted vendors please call 619-336-4210. Respectfully, Antonio Garcia Acting Building Director cc: Mayor and Council City Manager Police Department Community Services Department National City Municipal Code 7.21.070 Display requirements. B. No used goods shall be displayed on streets or public sidewalks. C. No used goods shall be displayed on a vacant or undeveloped lot (Ord. 2141 § 3 (part), 1998) 7.21.120 Violation --Penalty. A. It is unlawful! 3. To fail to discontinue operation of an unpermitted sale or to fail to remove displayed goods upon request of an enforcement official; 4. To post signs in violation of Section 7.21.060; 5. To fail to post a permit sign; 8. To make a false statement or representation on a permit application; or 9. To display used goods on a street, public sidewalk or vacant lot. B. Each violation of the provisions of this chapter is an infraction, punishable by a fine not exceeding fifty dollars for a first violation, a fine not exceeding one hundred dollars for a second violation of this section within one year. or a fine not exceeding two hundred fifty dollars for each additional violation of this section within one year. (Ord. 2141 § 3 (part), 1998) 18.92.010 Outdoors display or sale of merchandise prohibited —General. A. The outdoors display or sale of merchandise on public or private property is unlawful, except as provided in this chapter or Chapter 7.21. Merchandise is displayed outdoors when it is placed to the exterior of a building or structure. B. The inclusion of a specific prohibition in this Section 18.92.010 shall not affect the general prohibition set forth in Section 18.02.080 or its application creating restrictions on the uses of property outlined throughout the remainder of Title 18 of the National City Municipal Code. C. The term "merchandise" is as defined in Section 10.22.010 and means any tangible object of nominal or value greater than one cent including, but not limited to, all manufactured products, food, goods and flowers, but excluding "newspapers" defined in Section 10.22.010(D). (Ord. 2192 § 6, 2001) 18.92.020 Permitted displays in commercial and industrial zones. A. In commercial and industrial zones, service stations, auto dealers, recreational vehicle sales lots, nurseries, licensed flower shops, and building material yards may display merchandise outdoors only on the same site approved for the business. B. Other businesses in commercial and industrial zones shall not display or sell merchandise outdoors except pursuant to a determination by the planning director under Section 18.104.040 that the display would be customary with that type of business and consistent with or comparable to the types of uses described in Section 18.92.020(A). (Ord. 2192 § 6, 2001) 18.92.030 Special promotions. A. Except as allowed by Section 18.92.020, all other businesses in the commercial and industrial zones are permitted to have special promotions at which outdoors display and sales will be allowed, limited to a maximum of three consecutive days each, including all set-up and takedown time. No business shall have more than two such sales in a calendar year. There shall be a period of at least thirty days between sales. B. Special promotions involving outdoor display of merchandise which -are to last more than three days. or would involve more than two such sales in any calendar year, are not allowed unless city council approval in accordance with Chapter 15.60 is first obtained. All sales shall be limited to the site approved for the business. C. No business shall conduct a special promotion with an outdoors display on a property unless the business has a permanent business address on that property. This restriction shall not apply to sales conducted entirely indoors. (Ord. 2192 § 6, 2001) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2008 AGENDA ITEM NO. 24 --- ITEM TITLE Report to Council regarding a new art exhibit highlighting Women's History Month by artists Yolanda Lopez and Harvey in the National City Public Library from February 5`" to March 31m, 2008. PREPARED BY Susanna H. Peredo (619) 336-4243 DEPARTMENT Community Services EXPLANATION Yolanda Lopez is a bi-nationally trained artist who considers herself the -quintessential frontier -town creature.' Nimbly crossing the U S.! Mexican border to experience each country's vibrant and mysterious colors, she has used her unique talent to exquisitely replicate them on canvas. Her love for art, music, and nature has followed her since the early age of 5 years old and her artwork has been shown in galleries in both U.S. and Mexico. View this artist's journey through elements of fear. joy. and triumph. Maura Harvey is a bilingual poet, author, and artist who has lived in California since 1950. She has taught Spanish for over 35 years and holds a Ph.D. in Latin Amencan literature from UC Irvine. Formerly the Mayor of Encinitas, Maura studied painting and collage in Aix-en-Provence, France and recently exhibited her work in Istanbul, Turkey. In this selection, she pays homage to women from the various different cultures she has traveled to and studied about by uniting them in a uniquely lyrical and magical world Environmental Review '1 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that City Council accept artists Harvey and Lopez to exhibit their artwork and poetry in the National City Library from February 5- March 31, 2008 with the total number of pieces exhibited based on availability of exhibit space in each gallery. BOARD / COMMISSION RECOMMENDATION The National City Public Art Committee (NCPAC) unanimously recommended these two artists for exhibition in the NC Public Library with the suggestion that each artist exhibit a maximum of 10 pieces. including poetry. ATTACHMENTS ( Listed Below) Resolution No. Two packets showing where each artist will exhibit, sample Hold Harmless Agreements, lists of selected artworks, and collage pages of artists' work. A-200 (9/99) • 0 February 5th- March 31, 2008 National City Public Library 1401 National City Blvd National City, CA 91950 (619) 470-5800 www,nationalcitylibrary.org "To Women; a la Mujer" By Yolanda Lopez i 1st Floor Gallery, Next to Information Desk Africa, Cradle of Humankind Souls, Animas Yolanda Lopez is a bi-nationally trained artist who considers herself the "quintessential frontier -town creature." Nimbly crossing the U.S./ Mexican bor- der to experience each country's vibrant and mysterious colors, she has used her unique talent to exquisitely replicate them on canvas. Her love for art, music, and nature has followed her since the early age of 5 years old and her artwork has been shown in galleries in both U.S. and Mexico. View this artist's journey through elements of fear, joy, and Irrumph. 1"A World of Sisters; Un Mundt) de Hermanas" By Marra Harvey 2nd Floor Gallery, Exhibit Corridor Maura Harvey is a bilingual poet, author, and artist who has lived in California since 1950. She has taught Spanish for over 35 years and holds a Ph.D. in Latin American literature from UC Irvine. Formerly the Mayor of Encinitas, Maura studied painting and collage in Aix-en-Provence, France and recently exhibited her work in Istanbul Tur- key. In this selection, she pays homage to women from the various different cultures she has traveled to and studied about by uniting them in a uniquely lyrical and magi- cal world. Bombay Princess "To Women; a la Maier" By Yolanda Lopez Proposed date of Installation: February 4111/ Ceremony Fcbnuary 5th at 10:00am 1. Africa (The Cradle of Humankind) Africa (la cuna de la hunanidad) 14x 1 1 2. Allegory of Wine 40x30 3. EU (Self Portrait- Autoretrato) 30x24 4. Farce/ La Farsa Rx 12 5. Flowers/ Flores (Self Portrait- Autoretrato) 48x24 6. In Memory of Paloma/ En Recuerdo de Palo►na 24x20 7. Jaz with Frogs/ Jazmin can las rams 30x24 R. Souls/ Animas 36x48 9. To my Jazmin/ A mi Jazmin 30x24 10. Ya no mas "I.a Llorona"/ No Longer "The Weeping Woman" 48x24 11. Jabberwocky Poem 7-piece series/ Rx< each *Alarm sensitive stickers O.K. HOLD IIARMI.ESS AGREEMENT As a condition of the exhibition of "To Women, A la Mujer" by Yolanda Lopez at the National City Public Library from February 1, 2008 to March 31, 2008, the undersigned hereby agrees to defend, indemnify and hold harmless the City of National City, its elected officials, officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any claims for personal injury, death or property damage, or both. or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the exhibition of said artwork as specified above by the undersigned or her agents, employees or contractors. Yolanda Lopez Date "A World of Sisters" By Maura Haney Proposed date of Installation: February 1st/ Ceremony February 5th at 10:OOam 1. Afghan Bride 24x30 2. Bombay Princess 24x27 3. Geisha 18x22 4. Homage to la Tehuana 24x36 5. Ilope Moon 27x39 6. Istanbul Days 29x4I 7. Juliska 20x26 8. Ma Dolma 23x24 9. Our Lady of New Orleans I9x23 10. Peacock Woman 20x24 (With up to 3 bilingual poems on display) *No alarm tags preferred. HOLD HARMLESS AGREEMENT As a condition of the exhibition of "A World of Sisters" by Maura Harvey at the National City Public Library from February 1, 2008 to March 3I, 2008, the undersigned hereby agrees to defend, indemnify and hold harmless the City of National City, its elected officials, officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any claims for personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the exhibition of said artwork as specified above by the undersigned or her agents, employees or contractors. Maura Harvey Date Hope Moon On a full moon border night two countries grope ardently for each other, hungry for love, for passing over the edge. Mexico and the United States of America measure each other's parts, scars, birthmarks caress each other softly saying: Tijuana, Nogales, Douglas, McAllen Brownsville. For a brief moment they recall their ancient unity, break in Mexican style, shout out to the goddess Tlazolteotl, regain composure in American style. From the reencounter of two ecstatic bodies is bom a weak daughter, betrayed and loyal, by name, Hope Moon. Maura Harvey (1 ) Esperanza Luna En una noche de plenilunio fronterizo dos paises se tientan ardientes, hambrientos de amarse, de pasarse Ia linea. Mexico y los Estados Unidos de America se miden las partes, las cicatrices, los lunares, se acarician diciendo bajo: Tijuana, Nogales, Douglas, McAllen Brownsville. Por un corto momento recuerdan su antigua unidad, se rompen a Ia mexicana, gritan a Ia diosa Tlazolteotl, se componen al estilo americano. Del reencuentro de dos cuerpos extfiticos nace una nina debit, traicionada y fiel, Ilamada Esperanza Luna. Maura Harvey () ITEM #25 1/22/08 DISUSSION REGARDING FORMING A CITYWIDE IIEAI,TH COMMITTEE (COUNCIL INITIATED)