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HomeMy WebLinkAbout2009 09-15 CC CDC AGENDA PKTAgenda Of A 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 — September 15, 2009 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council 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 Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasi!!o al principio de la junta. Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/15/2009 - Page 2 PRESENTATION 1. Employee of the Month of September 2009, James Stiles, Firefighter/Paramedic CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Approval of the Minutes of the Regular City Council/Community Development Commission Meetings of August 4, 2009 and August 18, 2009. (City Clerk) 3. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 4. Resolution of the City Council of the City of National City awarding a contract to Crest Equipment, Inc. in the amount of $188,750 and authorizing the Mayor to execute the contract for the construction of concrete improvements including curbs, gutters, sidewalks, driveways and pedestrian ramps at various locations. (Funding will be through CDBG and Gas Tax). (Development Services/Engineering Division) 5. Resolution of the City Council of the City of National City ratifying the acceptance of a $40,000 grant from California Library Literacy Services to fund the Library's literacy programs for FY09-10. (Library) 6. Resolution of the City Council of the City of National City ratifying a two year labor agreement between the City and the National City Police Officers' Association. (Human Resource) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/15/2009 - Page 3 CONSENT CALENDAR (Cont.) 7. WARRANT REGISTER #7 Warrant Register #7 for the period of 08/12/09 through 08/18/09 in the amount of $488,133.34. (Finance) 8. WARRANT REGISTER #8 Warrant Register #8 for the period of 08/19/09 through 08/25/09 in the amount of $2,801,086.03. (Finance) ORDINANCES FOR INTRODUCTION 9. An Ordinance of the City Council of the City of National City amending Sections 3, 4 and 5 of Ordinance No. 1619, Section 5 of Ordinance No. 1829, and Section 5 of Ordinance No, 91-2012, pertaining to the Committee for Housing and Community Development. (City Attorney) 10. An Ordinance of the City Council of the City of National City amending Chapter 2.28 of the National City Municipal Code by adding Section 2.28.015 thereto, pertaining to the Planning Commission functioning as the Committee for Housing and Community Development. (City Attorney) 11. An Ordinance of the City Council of the City of National City amending Title 15.04 of the National City Municipal Code pertaining to the City Council's authority to approve alternate materials and methods of construction, consider appeals, and make interpretations under Title 15 of the Municipal Code; and dissolving the Advisory and Appeals Board. (City Attorney) NON CONSENT RESOLUTIONS 12. Resolution of the City Council of the City of National City adopting an amended Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code, and rescinding Resolution No. 2008-180. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/15/2009 - Page 4 NON CONSENT RESOLUTIONS (Cont.) 13. Resolution of the City Council of the City of National City accepting the work performed by Koch -Armstrong General Engineering, Inc. with the final amount of $6,265,090.46 and authorizing the Mayor to sign the final balance change order and authorizing the filing of the Notice of Completion with the County Recorder for the National City Street Resurfacing Project, FY 08-09. (Funded through Gas Tax, Traffic Congestion Relief, Proposition A and 1 B Funds, and CIWMB Grants) (Development Services/Engineering Division) 14. Resolution of the City Council of the City of National City awarding a contract to Koch Armstrong in the amount not -to -exceed $1,916,282.35 and authorizing the Mayor to execute the Agreement for construction improvements for the Marina Gateway Streetscape Project, Spec. No. 08-16 and authorizing the appropriation of sewer funds. (Funded by Tax Increment Fund and Sewer Fund) (Development Services/Engineering Division) NEW BUSINESS 15. Temporary Use Permit — St. Mary's Fall Festival & Fund Raiser hosted by St. Mary's Church on October 4, 2009 at the parish grounds located on 8th Street and E Avenue from 7 a.m. to 6:30 p.m. with no waiver of fees. (Neighborhood Services) 16. Temporary Use Permit — National City "Got" Talent 2nd Annual Amateur Competition which will take place in the National City Public Library at 1401 National City Boulevard on October 17, 2009 from 10 a.m. to 2 p.m. with request of waiver of fees by the applicant. (Neighborhood Services) 17. Temporary Use Permit — National City Public Safety Fair hosted by the Police, Fire and Community Services Departments on October 31, 2009 from 10 a.m. to 2 p.m. at Kimball Park. This is a National City sponsored event and qualifies for a waiver of fees pursuant to Policy No. 804. (Neighborhood Services) 18. Temporary Use Permit — Bayview Banner advertising "Condos from $125,000 (619) 336-0303" at the Bayview Tower building at 801 National City Boulevard from September 16, 2009 to February 17, 2010 with no waiver of fees. (Neighborhood Services) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/15/2009 - Page 5 NEW BUSINESS (Cont.) 19. A report onvacant retail spaces and efforts to assist property owners with vacant retail spaces. (Community Development) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 20. Authorize the reimbursement of Community Development Commission expenditures in the amount of $$52,226.04 to the City of National City for the period of 08/12/09 through 08/18/09. (Finance) 21. Authorize the reimbursement of Community Development Commission expenditures in the amount of $273,323.84 to the City of National City for the period of 08/19/09 through 08/25/09. (Finance) 22. Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute a Memorandum of Understanding in the amount not -to -exceed $25,000 annually with the San Diego State University Foundation to provide business management technical assistance to National City business. (Community Development, Housing and Grants) 23. Resolution of the Community Development Commission of the City of National City approving an Agreement with O'Day Consultants, Inc. to provide as -needed civil engineering services in the amount not -to -exceed $75,000 and authorizing the Chairman to execute the Agreement. (Redevelopment) 24. Resolution of the Community Development Commission of the City of National City approving an Agreement with KTU&A to provide as -needed planning and urban design services in the amount not -to -exceed $75,000 and authorizing the Chairman to execute the Agreement. (Redevelopment) 25. Resolution of the Community Development Commission of the City of National City approving an Agreement with Latitude 33 toprovide as -needed planning and urban design services in the amount not -to -exceed $75,000 and authorizing the Chairman to execute the Agreement. (Redevelopment) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/15/2009 - Page 6 STAFF REPORTS 26. Presentation on the National City First Time Homebuyer Program. (Housing and Grants Division/Community Development Department) 27. Boards & Commissions staff report, recommendations and City Council actions. (City Clerk) 28. Financial Update — Proposition 1A, ERAF Shift, and Fiscal Condition. (Finance) 29. City Manager's response to correspondence from towing companies. (City Manager) 30. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — October 6, 2009 - 6:00 p.m. — Council Chambers - National City. ITEM #1 9/15/03 INCORPORATED MEMORANDUM September 8, 2009 TO Chris Zapata City Manager FROM Stacey Ste , Human Resources Director SUBJECT EMPLO OF THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in September 2009 is James Stiles, Firefighter/Paramedic By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, September 15, 2009 to be recognized for his achievement and service. Attachment cc: James Stiles Chief Juniel Dionisia Trejo — Mayor/Council Office Josie Flores -Clark — Confidential Assistance Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov �aa. City of National City Performance Recognition Award Nomination Form nominate Firefighter/Paramedic James Stiles For the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive and award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc.) Do not exceed 150 total words. Please be as specific as possible when giving your examples. Firefighter/Paramedic James Stiles serves on the Local 2744 Executive Board; maintains the Local's website and attends San Diego County Council meetings. He has served National City residents by participating in the Christmas in July Program. James is a member of the National City Fire Department EMS Committee, where emergency medical related issues are discussed and recommendations made. Recently, he led the Department's six recruit Firefighters in an exercise program to prepare them for the Fire Academy. James' goal is to become a Fire Officer. In 2007, he was certified as a Paramedic and in June 2009, he successfully participated in the Department's Engineer Examination. James and his wife, Penny, have a 10-month old son, Houston. In his free time, James enjoys running marathons and surfing. James' performance and achievements within the Fire Department show great leadership potential. He is a true asset to the City and the Department. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated -Roderic jel, Fire Chief Signature ` Date: September 2, 2009 ITEM #2 9/15/09 Approval of the Minutes of the Regular City Council/Community Development Commission Meetings of August 4, 2009 and August 18, 2009 - City Clerk - ITEM #3 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption 9/15/09 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 15, 2009 AGENDA ITEM NO. 4 ITEM TITLE Resolution of the City Council of National City awarding a Contract to Crest Equipment, Inc., in the amount of $188,750 and authorizing the Mayor to execute the contract for the construction of concrete improvements including curbs, gutters, sidewalks, driveways, and pedestrian ramps at various locations. (Funding will be through CDBG and Gas Tax). PREPARED BY Yolando Vitug DEPARTMENT Development Services/ EXT. 4414 Engineering Division See attached explanation Environmental Review: x N/A MIS Approvals / J' Financial Statement: Approved By:`��U'�/ /U The total estimated amount for the work is $236,600. Funds are available in Account Nos. 109-409-500-598-6137 ($50,000), 301-409-500-598-6137 ($142,734.80), and 301-409-507-598-6090 ($150,000) STAFF RECOMMENDATION: Adopt the Resoution RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1.Resolution 2.Bid Opening information sheet 3.Bid Proposal spreadsheet for the three low bidders A-200 (9/80) ATTACHMENT 1 EXPLANATION: The project involves removal and replacement of existing curb and gutter (50-LF), sidewalk removal replacement (4000-SF), and installation of new concrete sidewalk (5000-SF), and pedestrian ramp (66-EA), including minor pavement repairs, at various locations in National City. On August 3 and 7. 2009, the project was advertised. On August 24,2009, fourteen bids were received and opened for the project. The lowest responsive bidder was Crest Equipment, Inc_ with a proposed bid amount of $188,750. The bid opening information sheet and cost proposal spreadsheet for the three low bidders are attached for further review. Stall has reviewed the bid documents and found Crest Equipment, Inc. to be the qualified to perform the work. The total cost for the work is estimated at $ 236,600. This amount includes the proposed lowest bid amount ($188,750), approximately 5% ($ 11,000) for surveying, and approximately 15% (S 35,000) for contingencies. The sources of funding for the project arc the Community Development Block Grant and Gas Tax. RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO CREST EQUIPMENT, INC., IN THE AMOUNT OF $188,750 FOR THE CONSTRUCTION OF CONCRETE IMPROVEMENTS INCLUDING CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS, AND PEDESTRIAN RAMPS AT VARIOUS LOCATIONS, SPEC. NO. 09-05, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the City Engineer of the City of National City did, in open session on August 24, 2009, publicly open, examine and declare all sealed bids for Spec. No. 09-05 for the Concrete Improvements at Various Locations in the City of National City Project, FY 09-10. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby awards the contract for the Concrete Improvements at Various Locations Project in the City of National City to the lowest responsive bidder, to wit: CREST EQUIPMENT, INC. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City a contract between Crest Equipment, Inc. and the City of National City in the amount of $188,750.00 for the Construction of Concrete Improvements at Various Locations in the City of National City Project, FY 09-10. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George#. Eis-er,111 City Attorney CALIFORNIA / C L. - mconpOORATED --' BID OPENING SPECIFICATION NUMBER: 09-05 PROJECT 1T1'LE: CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS FY 09-10 OPENING DATE: MONDAY. AUGUST 24, 2009 TIME: 4:OOPM ESTIMATE: $ 236,600.00 PROJECT ENGINEER: YOLANDO VITUG NO. BIDDER'S -NAME AND ADDRESS (PAGE 14-15 ) Crest Equipment, Incorporated 161 Scottlord Drive Fl Cajon, CA 92021 BID AMOUNT (PAGE 16) $188,750 ADDENDA (PAGE 14) x BID SECURITY (PAGE 19-CHECK (PAGI[ 20-BOND) 2. Rurtech Pipeline, Incorporated 102 Second Street Encinitas, CA 92024 3. x $195.000 x x ITIA A Engineering & Cons t., Inc. 12520 Kirkham Ct. 48 Poway, CA 92064 $195.900 x MJC Construction 630 National City Bivd., National City $198,825 New Century Construction, Inc. 9119 Emerald Grove Ave. Lakeside. ('A 92040 $199,400 6. 7. Precision Excavation 12012 Winter Crest # l 10 Lakeside, CA 92040 $200,000 x x x x x x Tri-Group Construction 13939 Poway Road 1,110 Poway, CA 92064 $203,250 x Portillo Concrete, Inc. 3528 Harris Street Lemon Grove, CA Koch Armstrong 15315 Olde Hwy 80. E► Cajon, CA 92021 $2 1 1,400 x x x x $218,465 x x 10. Heftier Company 1800 McKinley Ave. , Suite A National City, CA 91950 $218,900 x x 11 Team C Construction 1272 Greenfield Drive El Cajon, CA $232,080 x x 12 Scheidel Contracting&Eng'g.Inc P.O. Box 1796 La Mesa, CA 91944 $240,545 x x 13 HAR Construction, Inc. 1480 Frontage Rd. Chula Vista, CA 91911 $257,252 x x 14 RMV Construction 4079 Huerfano Ave.. Suite 118 San Diego, CA 92117 $314,300 x x Con( iprovements at various locations in National City Spec. no. v6-05 ENGINES DEPARTMENT Progr€ No. 8/3112009 Item QTY UNIT Item Description CREST EQUIPMENT, INC. BURTECH PIPELINE, INC. HTA ENGINEERING & CONST., INC. Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 1 1 LS Clearing & Grubbing including the Storm $ 2,500.00 5 2,500.00 $ 3,800.00 $ 3,800.00 $ 15,000.00 $ 15,000.00 Water Pollution Prevention $ - 2 4000 SF Conc. Sidewalk Remove&Replace per G-7 $ 7.10 $ 28,400.00 $ 6.50 $ 26,000.00 $ 8.00 $ 32,000.00 3 37 EA Installation of Ped Ramp per G-28 (w/ G-30) $ 1,800.00 $ 66,600.00 $ 2,000.00 $ 74,000.00 $ 1,500.00 $ 55,500.00 4 29 EA Installation of Ped Ramp per G-29 (w/ G-30) $ 1,900.00 $ 55,100.00 $ 2,000.00 $ 58,000.00 $ 1,600.00 $ 46,400.00 5 50 LF Remove & Replace Curb & Gutter per G-2 $ 24,00 $ 1,200.00 $ 25.00 $ 1,250,00 $ 50.00 $ 2,500.00 6 1 LS Traffic Control $ 5,000.00 $ 5,000.00 $ 2,300.00 $ 2,300.00 $ 3,000.00 $ 3,000.00 7 5000 SF Install New Sidewalk per G-7 $ 5.00 $ 25,000.00 $ 5.00 $ 25,000.00 $ 6.00 $ 30,000.00 8 20 TN Variable Thickness A.C. 5 20.00 $ 400.00 $ 50.00 $ 1,000.00 $ 200.00 $ 4,000.00 9 500 SF Remove & Replace Exist. D'way per G-14 A-B $ 8.10 $ 4,050.00 $ 6.50 $ 3,250.00 $ 9.00 $ 4,500.00 10 20 TN R&R Unsuitable Sub -grade with CAB and Fabric $ 25.00 $ 500.00 $ 20.00 S 400.00 5 150.00 $ 3,000.00 Total $ 188,750.00 $ 195,000.00 $ 195,900.00 Prepared by- City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September 15, 2009 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of the City of National City ratifying the acceptance of a $40,000 grant from California Library Literacy Services to fund the Library's literacy programs for FY09-10. PREPARED BY M. Duong x5882 DEPARTMENT Library EXPLANATION This grant is awarded by the California Library Literacy Services (CLLS) as a baseline to provide for a minimum of staffing and services supporting the following programs: • Adult Literacy Service—$10,000 • English Language Literacy Intensive—$10,000 • Families for Literacy $10,000 • Mobile Library Literacy Services—$10,000 Environmental Review ✓ NIA Financial Statement Approved By: d Alt Finance Director Account No 320-31 335-3463 STAFF RECOMMENDATION Approval recommended. BOARD / COMMISSION RECOMMENDATION Approved by the Library Board of Trustees on September 9, 2009 ATTACHMENTS ( Listed Below) Resolution No. Copy of Award Letter. l RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A $40,000 GRANT FROM CALIFORNIA LIBRARY LITERACY SERVICES TO FUND THE NATIONAL CITY PUBLIC LIBRARY'S LITERACY PROGRAMS FOR FY09-10 WHEREAS, the National City Public Library has accepted a $40,000 grant from the California State Library for the California Library Literacy Services (CLLS) program to support the following CLLS program components: • Adult Literacy Service — $10,000 • English Language Literacy Intensive — $10,000 • Families for Literacy — $10,000 • Mobile Library Literacy Services — $10,000 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby ratifies acceptance of a $40,000 grant from the California State Library to fund the National City Public Library's California Library Literacy Services (CLLS) program. PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ��r7lt�.v�ri.t S1ATE' LI MRARY August 17, 2009 Ms. Minh Duong, City Librarian National City Public Library 1401 National City Boulevard National City, CA 91950-4401 Dear Ms. Duong: We are pleased to inform you that your application has been approved and that your California Library Literacy Services (CLLS) program will receive a baseline amount for the 2009/10 fiscal year to support the following approved CLLS program component(s): • Adult Literacy Services - $10,000 • Families for Literacy - $10,000 • English Language & Literacy Intensive Services - $10,000 • Mobile Library Literacy Services - $10,000 This is the first part of your total allocation for the 2009/10 fiscal year, and you may claim this amount immediately by signing and mailing the attached claim form to the State Library's fiscal office. As you know, our CLLS funding formula consists of three parts which reflect our CLLS mission and values: • A baseline amount for each of your approved CLLS program components that reflects the importance of each library having enough funds to provide a minimum level of local literacy staffing and services. • A per capita amount per adult learner served in the previous year that reflects the fact that Adult Literacy Services are the heart of our service, and are the basis for all other literacy services. • A match on local funds raised and expended for adult literacy services reflecting a commitment to a continuing State/Local partnership, and to providing an incentive for increased local support for adult literacy. The remainder of your 2009/10 award will be determined by applying the other two parts of the formula — per capita and match. They will be determined using data from the 2008/09 fiscal year final reports submitted to the State Library in August 2009. PLEASE NOTE: Libraries not submitting the final reports by September 15 at the latest will be eligible to receive baseline amounts ONLY, and no match or per capita dollars. We will initiate the payment process upon receipt of your signed Claim Form (attached). You should receive a check for the above amount within six weeks of submitting your claim form. All of these funds must be expended or encumbered by June 30, 2010. 916.653.5217 phone 916.653-8443 fax www.library.ca.gov Library Development Services Bureau P. O. Box 942837 Sacramento, CA 94237-0001 900 N Street, 4'' Floor, Sacramento, CA 95814 National City Public Library Page 2 You will be asked to report electronically twice this fiscal year —once in February, and again in August, after the close of the fiscal year. Our staff will provide more details on this process. The following specific issues or observations are being made about your mid -year report and/or your application: • We are concerned about the sustainability of your Families for Literacy program with the minimal amount of staff and budget allocated. You indicate that one staff person will provide two hours per week and one AmeriCorps member with 10 hours per week for FFL. Please remember that the AmeriCorps position will be discontinued in mid -December. With these concerns in mind, we ask that you provide a detailed plan of service for continuing your FFL program and how you will staff this activity. In addition, please submit the job description for your full time Literacy Coordinator position identified and described in your 2009/10 CLLS Application. Please submit this information to Jacquie Brinkley at jbrinkley@library.ca.gov by September 1. Should you have additional questions regarding the funding and/or reporting process, please contact: Jacquie Brinkley at (916) 651-0376 or jbrinkley@library.ca.gov Carla Lehn at (916) 653-7743 or clehn@library.ca.gov Linda Springer (916) 651-6509 or 1s_pringer ! library.ca.gov Cindy Tackett at (916) 653-7172 or ctackett@,library.ca.gov Best wishes in implementing your important library literacy services. Yours truly, AU"! did144d4---- Stacey Aldrich, Acting State Librarian of California cc: Kris Jorgensen, Literacy Coordinator (kris.jorgensen@nationalcitylibrary.orgt) File Enc.: Claim Form 916 653.5217 phone 916.653.8443 fax www.Iibrary.ca.gov Library Development Services Bureau r O. Box 942837 Sacramento, CA 94237-0001 900 N Street, 4th Floor, Sacramento, CA 95814 City of National City, California COUNCIL AGENDA STATEMENT 6 ETING DATE5 09-15-09 AGENDA ITEM NO. (1:1"EM TITLE Resolution of the City Council of the City of National City Ratifying a Two Year Labor Agreement between the City and the National City Police Officers' Association. PREPA enso (336-4308) rec ► of an Resources DEPARTMENT Human Resources EXPLANATION The labor agreement between the City of National City and the National City Police Officers' Association (POA) expired July 31, 2009. Since April, 2009, City representatives and POA representatives have been meeting and conferring in good faith for the purpose of negotiating a new agreement. On September 2, 2009, the POA membership voted to accept the terms of the two year agreement, retroactive to July 1, 2009, as set forth by the negotiating teams. Pending ratification by the City Council, the 90 employees represented by POA shall receive both economic and non -economic enhancements. Most significantly, said represented employees shall: • Begin contributing 2% of the employee contribution to the retirement system (PERS) retroactive to July 1, 2009; • Move from a retirement benefit of 3%@50 to 3%@55 (for employees hired after ratification) • Receive a retention incentive bonus of $1500 in year one and $1,000 in year two of the agreement A complete summary of the agreements is attached. Environmental Review ✓ NIA Financial Statement The estimated increase in the general fund expenditure for fiscal year 2009/2010 is $157,826. Account No. multiple STAFF RECOMMENDATION Approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Summary of City of National City/POA 2009 Labor Agreement A-200 (9/80) RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2009 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION WHEREAS, the City has met and conferred with representatives of the National City Police Officers' Association; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The City Manager is hereby authorized to enter into the 2009 Memorandum of Understanding ("MOU") between the City of National City and the National City Police Officers' Association for the period of July 1, 2009 through June 30, 2011. SECTION 2. General Fund Appropriations are hereby increased by $157,826 for Fiscal Year 2009-2010. A copy of said 2009 Memorandum of Understanding shall be on file in the office of the City Clerk, and reference is made thereto for all particulars contained therein. PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment CALtFQRN,A N TIO"-CHT I CITY OF NATIONAL CITY NATIONAL CITY POLICE OFFICER'S ASSOCIATION (POA) 2009 LABOR AGREEMENT July 1, 2009 — June 30, 2011 (two years) MAJOR DEAL POINTS 1. Employees will begin contributing 2% of the PERS employee rate (City will continue to pay 7% and the entire PERS employer rate), on a pre-tax basis, effective the first full pay period in July 2009. 2. Sworn personnel hired after ratification shall receive the 3% at 55 retirement formula benefit, with the single highest 12-month benefit. 3. No increase for Senior Police Dispatcher and Animal Regulation Officer during the term of the MOU. 4. Maintain current salary calculation method for Police Officers, Sergeants and Lieutenants (half way between the 3rd and 4th rank of the other survey agencies), except: a. Survey the Police Officer classification, only as the benchmark class, applying the same pay differential to Sergeants and Lieutenants. b. Survey once per year instead of twice. c. Guarantee no salary decrease during the term of the MOU. 5. Add a provision under which FLSA overtime is governed by Section 207(k) of the Fair Labor Standards Act. 6. All employees will receive a $1,500 stipend the first full pay period following ratification and another $1,000 stipend in the first paycheck in July 2010. 7. Increase employee life insurance coverage from $40,000 to $50,000. 8. Amend holiday accrual for lateral hires to be based upon the total years of service of the last two employers. 9. Make the City's contribution to the retiree health care premium portable, allowing employees to apply contributions to plans other than those sponsored by the City. 10. Add a provision to pay for the actual travel time required to attend training outside of San Diego county in a manner that does not result in the accrual of overtime. 11. Add a provision limiting take home cars to detectives/investigators whose primary residence is in San Diego county, excepting employees assigned to the DEA taskforce. City of National City, California COUNCIL AGENDA STATEMENT ETING DATiept 15, 2009 AGENDA ITEM NO. 7 ITEM TITLE Warrant Register #7 for the period of 08/12/09 through 08/18/09 in the Amount of $488,133.34 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finan Jeanette drido 619-336-43 1 Per Government Section Code 37208, attached are the warrants issued for the period of 08/12/09 through 08/18/09. EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Public Emp Ret Sys 228695 284,597.08 PPE 08/10/09 Environmental Review N/A Financial Statement Not applicable. MIS Approval Approved B Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $488,133.34 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #7 A-200 (Rev. 7/03) PAYEE AMAZON.COM AT & T MOBILITY BAKER & TAYLOR BRODART CALIFORNIA LIBRARY ASSOC. CITY OF NATIONAL CITY INFORMATION PUBLICATIONS KELLEY BLUE BOOK LAKESHORE LEARNING MATERIALS MIDWEST TAPE NATIONAL ELEM SCHOOL DISTRICT OMNIGRAPHICS, INC. SIRSIDYNIX SMART & FINAL SPRINT STAPLES ADVANTAGE STERLING PUBLISHING CO., INC. )MSON WEST .POSTMASTER ADAMS AMERICORPS ALUMS AT POINTS BANSAL BURLEW CITY OF NATIONAL CITY CROSBY DABBAGH EMPIZO FLORINE GAUSEPOHL GUERRERO GUTIERREZ JONES KAUR LENHERT LITERACYWORKS MCCULLOUGH MEDINA-VILLA MUDGE NOVELLI RODRIGUEZ SANCHEZ SCOTT DER tATEGIC RESOURCE COMPANY/ WASHINGTON WEISS WICK WARRANT REGISTER # 7 8/18/2009 DESCRIPTION ADULT NON-FICTION BOOKS WINGS - CELL PHONE SERVICE ADULT, YOUNG ADULT/CHILDREN BK ADULT AND CHILDREN BOOKS CALIFORNIA LIBRARY ASSOCIATION OUT OF STATE SALES TAX BPO#72980 CA CITIES, TOWNS & COUNTIES REFERENCE BOOKS CRAFT MATERIAL FOR WOWMOBILE DVD'S FOR THE COLLECTION SUMMER READING PROGRAM FLYER. REFERENCE BOOKS SOFTWARE MAINTENANCE SUPPLIES FOR CAFE NIGHTS VIDEO CONFERENCING/LONG DISTANCE SUPPLIES GIVEAWAY BOOKS FOR WOWMOBILE BLACKS LAW DICTIONARY 9TH EDITION POSTAGE AMERICORPS LSTA Y6 AMERICORPS ALUMS LAPEL PINS AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 OUT OF STATE SALES TAX. AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AC LSTA Y6 MILEAGE--JULY '09 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS CNCS Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 MILEAGE JULY 2009 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 1/3 CHK NO DATE AMOUNT 228595 8/18/09 823.42 228596 8/18/09 152.85 228597 8/18/09 240.67 228598 8/18/09 3,002.29 228599 8/18/09 165.00 228600 8/18/09 7.85 228601 8/18/09 150.58 228602 8/18/09 162.95 228603 8/18/09 263.21 228604 8/18/09 305.74 228605 8/18/09 127.90 228606 8/18/09 59.70 228607 8/18/09 16,822.73 228608 8/18/09 81.44 228609 8/18/09 14.64 228610 8/18/09 176.30 228611 8/18/09 24.75 228612 8/18/09 82.32 228613 8/18/09 308.00 228614 8/18/09 49.25 228615 8/18/09 564.05 228616 8/18/09 33.55 228617 8/18/09 98.73 228618 8/18/09 55.00 228619 8/18/09 50.00 228620 8/18/09 71.66 228621 8/18/09 599.92 228622 8/18/09 86.57 228623 8/18/09 39.31 228624 8/18/09 220.01 228625 8/18/09 137.90 228626 8/18/09 20.00 228627 8/18/09 144.65 228628 8/18/09 32.29 228629 8/18/09 45,910.00 228630 8/18/09 239.33 228631 8/18/09 14.74 228632 8/18/09 226.38 228633 8/18/09 16.83 228634 8/18/09 9.30 228635 8/18/09 387.20 228636 8/18/09 304.15 228637 8/18/09 141.52 228638 8/18/09 1,079.36 228639 8/18/09 316.96 228640 8/18/09 25.34 228641 8/18/09 74.45 PAYEE WILDER WRIGHT GENESIS COATINGS, INC. INTERNATIONAL CODE COUNCIL INC SAN DIEGO PRETZEL CO. SIZZLER RESTAURANT #45 THE KARAOKE SPECIALIST ULTIMATE STAFFING SERVICES AFLAC ALL FRESH ARJIS BILLOSILLO BROADWAY AUTO ELECTRIC CALIFORNIA HIGHWAY ADOPTION CO CENTURY WHEEL & RIM CHEVRON & TEXACO BUSINESS CARD CITY OF CHULA VISTA CITY OF CHULA VISTA CITY OF NATIONAL CITY COUNTY OF SAN DIEGO D MAX ENGINEERING INC DELL MARKETING CORP ESGIL CORPORATION ESGIL CORPORATION EW TRUCK & EQUIPMENT CO. INC. EXPERIAN FERGUSON ENTERPRISES, INC FRANK TOYOTA G & A AUTO AIR CONDITIONING GEORGE'S LAWN EQUIPMENT CO HAMILTON MEATS & PROVISIONS HONEYWELL INC. HORIZON HEALTH EAP HYDRO-SCAPE PRODUCTS INC. INTERNATIONAL CODE COUNCIL INC IRON MOUNTAIN RECORDS JUDICATE WEST LOCAL GOVERNMT COMMISSION LYNETTE WILSON OR MADSEN MAINTEX, INC. MAN K-9 INC. MATTHEW BENDER & CO INC MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE NATIONAL CITY AUTO TRIM ORKIN PEST CONTROL WARRANT REGISTER # 7 8/18/2009 DESCRIPTION AC LSTA Y6 MILEAGE--JULY '09 AMERICORPS LSTA Y6 GRAFFITI MELT COATING INSPECTOR CERTIFICATION & MEMB ECONOMIC DEVELOPMENT LOAN ECONOMIC DEVELOPMENT LOAN ECONOMIC DEVELOPMENT LOAN NEIGHBORHOOD SVCS TEMP EMP AFLAC ACCOUNT BDM36 AUG 2009 FOOD/CONSUMABLES ARJIS COSTS, JPA COSTS, ARJIS REIMB-HEALTHY HOMES UNIT REPAIR FIRE EQUIPMENT REPAIRS PARADISE CREEK LITTER REMOVAL PARTS GAS ANIMAL SHELTER COSTS SAN DIEGO CONSORTIUM TRAINING PETTY CASH JULY 2009 RENEWAL- GEN HAZARDOUS MATERIALS DEPOSIT#1231 PARADISE MED CNTR MODULES FOR DATABASE UPGRADE CONSULTANT SERVICES FOR BLDG ESGIL INSPECTION LABOR/PARTS FOR AIR COMPRESSOR CREDIT CHECKS FOR NEW PD EMP SEWER PIPE & MATERIALS FOUR, 2009 TOYOTA PRIUS HYBRID COMPRESSOR, VACUUM RESRVOIR SAW BLADES, POLE SET MEAT PRODUCTS MECHANICAL MAINTENANCE FOR CITY WIDE EMP ASST PROGRAM AUG 2009 RB ROTOR PC/FC WITH SAM ICC MEMBERSHIP FOR BLDG OFFICIAL RECORDS MGMNT/DOCUMENT STORAGE LIABILITY CLAIM COSTS RENEWAL LOC GOV COMM ASSOC TOT REFUND FROM MAY - SEPT 08 POST-SUBSISTENCE/MILEAGE MISC JANITORIAL SUPPLIES MAINTENANCE TRAINING - JULY 2009 TECH PERSONNEL SERVICES MILK PRODUCTS LAUNDRY SERVICES R&M CITY VEHICLES PEST MAINTENANCE 2/3 .. CHK NO DATE AMOUNT 228642 8/18/09 86.83 228643 8/18/09 32.67 228644 8/18/09 363.33 228645 8/18/09 105.00 228646 8/18/09 15,000.00 228647 8/18/09 3,378.00 228648 8/18/09 8,000.00 228649 8/18/09 2,017.40 228650 8/18/09 1,543.64 228651 8/18/09 3,754.69 228652 8/18/09 23.75 228653 8/18/09 941.00 228654 8/18/09 429.56 228655 8/18/09 960.00 228656 8/18/09 133.01 228657 8/18/09 177.26 228658 8/18/09 8,418.51 228659 8/18/09 2,225.01 228660 8/18/09 240.3; 228661 8/18/09 1,550.00 228662 8/18/09 1,002.78 228663 8/18/09 1,225.78 228664 8/18/09 15,615.75 228665 8/18/09 1,500.67 228666 8/18/09 2,381.69 228667 8/18/09 27.48 228668 8/18/09 200.96 228669 8/18/09 1,411.88 228670 8/18/09 619.52 228671 8/18/09 297.59 228672 8/18/09 778.55 228673 8/18/09 384.94 228674 8/18/09 866.36 228675 8/18/09 745.33 228676 8/18/09 35.00 228677 8/18/09 125.00 228678 8/18/09 2,900.00 228679 8/18/09 75.00 228680 8/18/09 600.72 228681 8/18/09 671.22 228682 8/18/09 1,178.37 228683 8/18/09 800.00 228684 8/18/09 211.9 228685 8/18/09 296.3.. 228686 8/18/09 61.66 228687 8/18/09 131.34 228688 8/18/09 120.00 PAYEE PACIFIC AUTO REPAIR PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUAL CHEM CORP. RECREATION SUPPLY COMPANY RON BAKER CHEVROLET SAN DIEGO PET & LAB SUPPLY SD COUNTY MOTOR OFFICERS ASSOC SMART & FINAL STAPLES ADVANTAGE STRATACOM SUMMIT SUPPLY SYSCO SAN DIEGO & SIGNS LIGHTHOUSE, INC. TOPECO PRODUCTS U S HEALTHWORKS VALLEY INDUSTRIAL SPECIALTIES WEST GOVERNMENT SERVICES WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS ji IiCOlO'Q'R.ATEZ? WARRANT REGISTER # 7 8/18/2009 DESCRIPTION AUTOMOBILE REPAIRS LABOR/AUTO PARTS AUTO PARTS BUILDING MATERIALS SHARPENING SERVICE LAUNDRY SERVICE SERVICE PERIOD 08-09-3 SEWER ENYMES, LINE MAINTAINER STAINLESS STEEL STORAGE REEL LABOR - SENSOR ASSEMBLY PD DOG FOOD NC K9 REGISTRATION COSTS MISC SUPPLIES COPY PAPER BUDGET BOOKS FOR FY09/10 PLAYGROUND EQUIPMENT FOOD SHIRTS MATERIALS & SUPPLIES SHOP SUPPLIES PRE EMP PHYSICAL - PD PLUMBING MATERIALS CHOICEPOINT/CLEAR INVESTIGATIVE MATERIALS & SUPPLIES Start Date End Date 8/12/2009 8/18/2009 3/3 CHK NO DATE AMOUNT 228689 8/18/09 590.44 228690 8/18/09 2,534.72 228691 8/18/09 18428 228692 8/18/09 2,642.24 228693 8/18/09 45.00 228694 8/18/09 423.99 228695 8/18/09 284,597.08 228696 8/18/09 825.08 228697 8/18/09 2,358.08 228698 8/18/09 743.04 228699 8/18/09 213.74 228700 8/18/09 260.00 228701 8/18/09 309.21 228702 8/18/09 2,520.61 228703 8/18/09 2,931.44 228704 8/18/09 351.00 228705 8/18/09 4,041.27 228706 8/18/09 508.15 228707 8/18/09 104.55 228708 8/18/09 124.99 228709 8/18/09 185.00 228710 8/18/09 311.81 228711 8/18/09 200.00 228712 8/18/09 198.67 GRAND TOTAL A/P Total 464,771.03 23, 362.31 $ 488,133.34 Ty ^}1887 ,;, INCORdsORATkD Warrant Register #7 8/18/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 166 NUTRITION 171 LIBRARY SCHOOL DISTRICT CNTRCT 246 WINGS GRANT 277 NC PUBLIC LIBRARY DONATIONS FUND 294 HUD HEALTHY HOMES GRANT 320 LIBRARY GRANTS 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 644 EQUIPMENT REPLACEMENT RESERVE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 731 CONSTRUCTION AND DEMOLITION DEBRIS 315,141.14 17, 303.82 1,762.10 3,130.19 671.22 6,817.75 2,460.53 8,977.47 1,822.73 134.69 81.44 941.00 51, 510.01 23, 362.31 28,758.73 105.00 3,755.06 2,900.00 2,185.56 1,359.24 2,804.12 8,233.90 1,411.88 1,002.78 1,500.67 488,133.34 City of National City, California COUNCIL AGENDA STATEMENT ETING DATiept 15, 2009 AGENDA ITEM NO. 8 ITEM TITLE Warrant Register #8 for the period of 08/19/09 through 08/25/09 in the Amount of $2,801,086.03 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette Ladido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 08/19/09 through 08/25/09. EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation SD Habitat for Humanity 228730 74,788.00 Reimb Project Drawdown Rqst City of San Diego 228754 1,256,612.00 Sewer Transportation Charges Sandpipa 228811 110,415.00 WC Claim Costs Payroll & Special Payroll Various 1,049,387.39 PPE 08/19/09 i STAFF RECOMMENDATION Ratification of warrants in the amount of $2,801,086.03 BOARD / COMMISSION RECOMMENDATION TTACHMENTS ( Listed Below) Resolution No.. 1. Warrant Register#8 A-200 (Rev. 7/03) PAYEE AT & T MOBILITY CITY OF CHULA VISTA SDG&E SWEETWATER AUTHORITY SWEETWATER AUTHORITY BEARD CHRISTENSEN & SPATH LLP CHRISTMAS IN JULY ESSENTIA MANAGEMENT FEDEX HARRIS & ASSOCIATES ICF JONES & STOKES OPPER & VARCO PRO BUILD PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY SAN DIEGO DAILY TRANSCRIPT "N DIEGO HABITAT FOR HUMANITY 4 DIEGO TROLLEY INC PLES ADVANTAGE ULTIMATE STAFFING SERVICES VISTA PAINT WESTFLEX INDUSTRIAL ACEDO AIRGAS - WEST ALL FRESH PRODUCTS ALLEN AMERICAN ROTARY BROOM CO., INC ARANA AT & T MOBILITY AT&T/MCI AT&T/MCI AT&T/MCI BECERRA BIANES FAMILY TRUST BOYD C W REED JR CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CARQUEST AUTO PARTS CHRISTMAS IN JULY CITY OF SAN DIEGO -AN HARBORS JDON LA./LINTY OF SAN DIEGO COX COMMUNICATIONS DAVIES DEFRATIS DEPT. OF INDUSTRIAL RELATIONS WARRANT REGISTER # 8 8/25/2009 DESCRIPTION WIRELESS FOR PD 07/06-08/05/09 MARCH 2009 SERVICES FACILITIES DIVISION GAS & ELECTRIC FACILITIES DIVISION PARKS DIVISION REIMB-CA FISH & GAME MEETING LEGAL SERVICES REIMB - NC YOUTH ENHANCEMENT BROWNFIELD GRANT PROGRAM MAIL COURIER AQUATIC CENTER WESTSIDE SPECIFIC PLAN EIR HARBOR DISTRICT/ACE METALS MATERIALS - CD UNIFORMS - CD UNIFORMS - CD ADVERTISING - MARINA GATEWAY REIMB PROJECT DRAWDOWN RQST FLAGGING SERVICE OFFICE SUPPLIES - S8 TEMP EMP - NEIGHBORHOOD PAINTING SUPPLIES - CD PAINTING SUPPLIES - CD RETIREE HEALTH BENEFITS SEP 2009 BALLOON HELIUM CONSUMABLES/FOOD RETIREE HEALTH BENEFITS SEP 2009 SWEEPER REPAIRS REIMB HEALTHY HOMES UNIT REPAIRS WIRELESS CIRCUIT FOR PD TELECOMMUNICATIONS SERVICE PHONE XXX-0986 08/07-09/06/09 PHONE XXX-7549 JUL 09 REIMB HEALTHY HOMES UNIT REPAIRS REIMB HEALTHY HOMES-1443 E 18TH ST RETIREE HEALTH BENEFITS SEP 2009 RETIREMENT 2000964-S90 SEP 2009 BREAD PRODUCTS ELECTRICAL MATERIALS AUTO PARTS REIMB PROJECT CITY CLEAN UP TRANSPORTATION/TREATMENT HAZARDOUS WASTE PICKUP RETIREE HEALTH BENEFITS SEP 2009 SD SHARE OF PC REVENUE - JUL 09 HIGH SPEED 60MB DATA CIRCUIT EDUC REIMBURSEMENT RETIREE HEALTH BENEFITS SEP 2009 INSPECTION CONDUCTED/ANNUAL AUDIT 1/3 CHK NO DATE AMOUNT 228713 8/20/09 6,469.31 228714 8/20/09 11,904.50 228715 8/20/09 124.84 228716 8/20/09 34,854.34 228717 8/20/09 60.90 228718 8/25/09 38.50 228719 8/25/09 132.65 228720 8/25/09 10,011.00 228721 8/25/09 34,713.33 228722 8/25/09 22.50 228723 8/25/09 225.00 228724 8/25/09 7,316.75 228725 8/25/09 178.50 228726 8/25/09 76.73 228727 8/25/09 13.34 228728 8/25/09 53.36 228729 8/25/09 775.00 228730 8/25/09 74,788.00 228731 8/25/09 206.38 228732 8/25/09 119.04 228733 8/25/09 1,960.30 228734 8/25/09 884.90 228735 8/25/09 398.27 228736 8/25/09 160.00 228737 8/25/09 23.76 228738 8/25/09 3,492.64 228739 8/25/09 125.00 228740 8/25/09 1,425.06 228741 8/25/09 1,541.00 228742 8/25/09 296.80 228743 8/25/09 6,753.76 228744 8/25/09 5,126.95 228745 8/25/09 862.98 228746 8/25/09 301.00 228747 8/25/09 9,846.00 228748 8/25/09 145.00 228749 8/25/09 1,123.93 228750 8/25/09 540.00 228751 8/25/09 487.20 228752 8/25/09 145.12 228753 8/25/09 34,405.00 228754 8/25/09 1,256,612.00 228755 8/25/09 316.70 228756 8/25/09 280.00 228757 8/25/09 9,007.00 228758 8/25/09 7,200.00 228759 8/25/09 322.81 228760 8/25/09 120.00 228761 8/25/09 125.00 PAYEE DICERCHIO DREDGE DREW FORD EWERT, PHILLIP FEDEX FERGUSON ENTERPRISES, INC GEOHYDROLOGIC CONSULTANT INC GRAINGER GRANICUS INC. GTC SYSTEMS INC HAMILTON MEATS & PROVISIONS HANSON HARRIS & ASSOCIATES HD SUPPLY HOLLOWAY HYDRO-SCAPE PRODUCTS INC. JAMES KIMBLE KOLANDA LASER SAVER INC LOPEZ MALLORY FIRE MANPOWER OF SAN DIEGO MATIENZO MCCABE MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE MORE DIRECT MURRAY MYERS NAPA AUTO PARTS NEXUS IS, INC. NOSAL, WILLIAM A. OLIVER PRODUCTS COMPANY OLSON ONE SOURCE DISTRIBUTORS PADRE JANITORIAL SUPPLIES INC PAULEY EQUIPMENT COMPANY PAUU PERRY FORD POST POTTER POWERSTRIDE BATTERY CO INC PRECISION ARMS PRUDENTIAL OVERALL SUPPLY RAY REGIONAL COMMUNICATIONS SYSTEM RUIZ SAN DIEGO DAILY TRANSCRIPT C\ - {NO COR iil 7.03 WARRANT REGISTER # 8 8/25/2009 DESCRIPTION RETIREE HEALTH BENEFITS SEP 2009 RETIREE HEALTH BENEFITS SEP 2009 AUTO PARTS RETIREE HEALTH BENEFITS SEP 2009 FEDEX SHIPMENT PLUMBING MATERIALS DUCK POND WELL REPLACEMENT BUILDING MATERIALS WEBCAST/LIVECAST MANAGED NETWORK ENGINEERING HOURS MEAT PRODUCTS RETIREE HEALTH BENEFITS SEP 2009 JUL 09 SVCS FOR T AVE PROJECT PLUMBING MATERIAL RETIREE HEALTH BENEFITS SEP 2009 VALVES & FITTINGS RETIREE HEALTH BENEFITS SEP 2009 RETIREE HEALTH BENEFITS SEP 2009 RETIREE HEALTH BENEFITS SEP 2009 PRINTER MAINTENANCE/REPAIR SVC TRANSLATION SVCS AUG 4, 09 STREAMLIGHT SURVIVOR FLASHLIGHTS WEEK ENDING 08/09/2009 SERVICES RETIREE HEALTH BENEFITS SEP 2009 RETIREE HEALTH BENEFITS SEP 2009 MILK PRODUCTS LINEN SUPPLIES EQUIP/SUPPLIES - AFTER SCHOOL PROG RETIREE HEALTH BENEFITS SEP 2009 RETIREE HEALTH BENEFITS SEP 2009 AUTO PARTS PHONE SYS ADD MOVES CHANGES RETIREE HEALTH BENEFITS SEP 2009 HOME DELIVERY TRAYS REIMB-ENFORCEMENT SOURCE GUIDE ELECTRICAL MATERIALS JANITORIAL SUPPLIES KUBOTA E1133 SUN CANOPY RETIREE HEALTH BENEFITS SEP 2009 R&M AUTOMOBILE - CITY FLEET RETIREE HEALTH BENEFITS SEP 2009 RETIREE HEALTH BENEFITS SEP 2009 AUTO PARTS NIGHT FORCE LAUNDRY SERVICE RETIREE HEALTH BENEFITS SEP 2009 SERVICES FOR JULY 09 RETIREE HEALTH BENEFITS SEP 2009 ADVERTISING SPEC 09-5 2/3 CHK NO DATE AMOUNT 228762 8/25/09 70.00 228763 8/25/09 250.00 228764 8/25/09 32.92 228765 8/25/09 160.00 228766 8/25/09 48.59 228767 8/25/09 381.87 228768 8/25/09 1,149.50 228769 8/25/09 557.47 228770 8/25/09 1,477.35 228771 8/25/09 2,535.00 228772 8/25/09 1,939.13 228773 8/25/09 135.00 228774 8/25/09 12,412.50 228775 8/25/09 385.20 228776 8/25/09 150.00 228777 8/25/09 284.27 228778 8/25/09 140.00 228779 8/25/09 300.01 228780 8/25/09 135.01 228781 8/25/09 787.52 228782 8/25/09 140.00 228783 8/25/09 701.27 228784 8/25/09 806.40 228785 8/25/09 100.00 228786 8/25/09 280.00 228787 8/25/09 601.35 228788 8/25/09 123.32 228789 8/25/09 1,349.93 228790 8/25/09 150.00 228791 8/25/09 140.00 228792 8/25/09 651.95 228793 8/25/09 904.00 228794 8/25/09 1,065.60 228795 8/25/09 1,672.00 228796 8/25/09 51.44 228797 8/25/09 95.43 228798 8/25/09 551.30 228799 8/25/09 460.95 228800 8/25/09 340.00 228801 8/25/09 625.91 228802 8/25/09 280.00 228803 8/25/09 150.00 228804 8/25/09 63.61 228805 8/25/09 10,816.21 228806 8/25/09 216.50 228807 8/25/09 190.00 228808 8/25/09 9,010.00 228809 8/25/09 310.00 228810 8/25/09 564.20 PAYEE SANDPIPA SHORT, CRAIG SOUTHERN CALIF TRUCK STOP SPARKLETTS WATER SPECIALTY TIRES STAPLES ADVANTAGE SUMMIT SUPPLY SYSCO SAN DIEGO TARULLI TIRE SAN DIEGO INC THE LIGHTHOUSE, INC. TURNER'S PORTABLE WELDING U S HEALTHWORKS UNITED PARCEL SERVICE WESTFIELD SHOPPING TOWN WHITE WHITE ZIETLOW, DAVID —' "IELINE BUILDERS PAYROLL Pay period 17 Special Payroll Special Payroll Start Date 7/28/2009 8/20/2009 8/20/2009 WARRANT REGISTER # 8 8/2.5/2009 DESCRIPTION WC CLAIM COSTS RETIREE HEALTH BENEFITS SEP 2009 GAS DRINKING WATER TIRE, TURF 4 PLY OFFICE SUPPLIES AIRCRAFT CABLES FOOD/CONSUMABLES TIRES AUTO PARTS WELD REPAIR POCKETS IN TRUCK MEDICAL SERVICES UPS SHIPMENT STUDENTS GIFT CERTIFICATES REIMB FOR FAMILIES CONFERENCE REIMB FOR DOM VIOLENCE CONE RETIREE HEALTH BENEFITS SEP 2009 CASA FAMILIAR-1111 D AVE/1101-1109 E AV End Date 8/10/2009 8/20/2009 8/20/2009 Check Date 8/19/2009 8/20/2009 8/20/2009 3/3 CHK NO DATE AMOUNT 228811 8/25/09 110,415.00 228812 8/25/09 300.00 228813 8/25/09 78.89 228814 8/25/09 6.76 228815 8/25/09 66.73 228816 8/25/09 289.11 228817 8/25/09 462.00 228818 8/25/09 3,629.64 228819 8/25/09 280.00 228820 8/25/09 34.17 228821 8/25/09 316.83 228822 8/25/09 55.00 228823 8/25/09 69.00 228824 8/25/09 500.00 228825 8/25/09 241.55 228826 8/25/09 180.02 228827 8/25/09 150.00 228828 8/25/09 52,769.04 A/P Total 1,751,698.64 1,033,668.93 13,806.68 1,911.78 GRAND TOTAL $ 2,801,086.03 Warrant Register # 8 8/25/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 190 30TH STREET CLEANUP FUND - 1303 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS GRANT 275 EASY VOTER GUIDE GRANT 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 345 TRAFFIC CONGESTION RELIEF 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 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 VEHICLE SVC FUND 776,932.61 30,639.48 24,302.05 1,310.15 1,274,515.34 3,254.44 1,738.90 2,767.73 1,345.44 24, 956.03 2,028.56 1,265.90 5,884.10 1,149.50 1,747.43 1,148.23 36,844.12 3,957.39 297.87 7,483.05 12, 642.65 36,647.01 21,408.48 5,852.76 400.00 20,875.16 75, 347.26 10,011.00 112,707.79 54,382.63 53, 942.13 114,218.50 2,984.27 11,765.96 4,424.85 29,077.72 17,072.33 13, 757.21 2,801,086.03 City of National City, California CITY COUNCIL AGENDA STATEMENT 9 IEETING DATE September 15, 2009 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 3, 4, AND 5 OF ORDINANCE NO. 1619, SECTION 5 OF ORDINANCE NO. 1829, AND SECTION 5 OF ORDINANCE NO. 91-2012, PERTAINING TO THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT PREPARED BY George H. Eiser, III 06 DEPARTMENT (Ext. 4221) City Attorney EXPLANATION At the June 16, 2009 City Council meeting, the City Council considered a report pertaining to the Advisory and Appeals Board and the Housing and Community Development Committee. The agenda material for that meeting are attached. At the conclusion of the discussion regarding the Housing and Community Development Committee (the "Committee"), the City Council directed the City Attorney to prepare an ordinance providing that the Planning Commission (the "Commission") shall act as the Committee; that two additional members who are tenants of the Housing Authority, one of whom is over 62 years of age, shall be appointed to the Commission; that those appointees shall meet and deliberate with the Commission only when the Commission is considering those matters that are included within the functions and duties of the Committee; and that the duties of the Committee shall remain the same. In addition to the above provisions, the proposed ordinance would provide that the two ex officio members would receive no compensation, but would be eligible for reimbursement for expenses incurred in the performance of official duties, and would require them to disclose any reportable financial interests K..._s members of the Housing and Community Development Committee under the City's Conflict of Interest Code. Environmental Review '1 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Agenda materials from June 16, 2009 City Coucil meeting Ordinance A-200 (9/99) ORDINANCE NO. 2009 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 3, 4, AND 5 OF ORDINANCE NO. 1619, SECTION 5 OF ORDINANCE NO. 1829, AND SECTION 5 OF ORDINANCE NO. 91-2012, PERTAINING TO THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Section 3 of Ordinance No. 1619 is amended to read as follows: Section 3: There is hereby established, pursuant to the provisions of the U.S. Housing and Community Development Act of 1974, as amended, and pursuant to Sections 34120(c) and 34120.5(a) and (b) of the California Community Redevelopment Law, hereinafter called "the Law", a Committee for Housing and Community Development ("the Committee"). The purpose and functions of the Committee shall be implemented by the Planning Commission acting as the Committee, and all references to the Committee shall be considered as referring to the Planning Commission. Section 2. Section 4: The purpose of said Committee shall be to encourage communication from persons, organizations and institutions in the City of National City and to give advice and make recommendations to the Community Development Commission of the City of National City or to the projects, programs and policies including the following: (a) The Community Development Block Grant Program pursuant to the U.S. Housing and Community Development Act of 1974, as amended. (b) The HOME Investment Partnerships (HOME) Program created by the National Affordable Housing Act of 1990, as amended. (c) The Housing and Urban Development Section 8 Housing Assistant Payments Program for existing housing and for new construction. (d) Housing improvement, housing assistance and neighborhood improvement projects, programs and policies in connection with Federal and State laws relating to housing and neighborhood improvement. The Committee shall, after its establishment, limit its review and recommendation to those matters set forth in this Section 4 through its By -Laws. Section 3. That Section 5 of Ordinance No. 1619, Section 5 of Ordinance No. 1829, and Section 5 of Ordinance No. 91-2012 are amended to read as follows: Ordinance No. 2009 — Page 2 of 2 Section 5. (a) The Committee shall be comprised of the seven (7) members of the Planning Commission (the "Commission"), who shall sit as the Board of the Committee when the Commission is acting in the capacity and carrying out the functions of the Committee. In addition, the City Council shall appoint two (2) ex officio members to four year terms, who shall be tenants of the Community Development Commission ("CDC"), and one (1) of whom shall be over 62 years of age. Said ex officio members shall sit with the seven (7) members of the Planning Commission on such occasions as the Commission is acting in the capacity and carrying out the functions of the Committee. Said ex officio members shall serve at the pleasure of the City Council. (b) The Commission, when acting in the capacity and carrying out the functions of the Committee, shall utilize a Committee agenda, which shall be separate and distinct from the Commission agenda. Except for special meetings of either body, meetings of the Commission and the Committee shall be scheduled for the same date and time, unless it is impracticable to do so, with the meeting of one body to be held consecutively after the other. (c) The Chairperson and Vice -Chairperson of the Planning Commission shall also be the Chairperson and Vice -Chairperson of the Committee. The two ex officio members shall not receive compensation, but shall be eligible for reimbursement of expenses incurred in the performance of official duties. The two ex officio members shall disclose reportable financial interests as members of the Housing and Community Development Committee pursuant to the City's Conflict of Interest Code. PASSED and ADOPTED this day of , 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT ...EETING DATE June 16, 2009 AGENDA ITEM NO. ITEM TITLE REPORT ON HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE AND ADVISORY AND APPEALS BOARD PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached memorandum. Environmental Review Al N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate Office of the City Attorney TO: Mayor and City Council FROM: City Attorney City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton DATE: June 2, 2009 SUBJECT: Report on Housing and Community Development Committee; Advisory and Appeals Board Introduction In a recent memorandum to the City Manager, a copy of which is attached, the City Clerk reported that the Housing and Community Development Committee and the Advisory and Appeals Board commonly experience a lack of a quorum, no items of business, and often have vacancies in their membership. Because these bodies are virtually non- functioning, the City Clerk in his memorandum suggests that it may be appropriate to question the need for their continued existence. To assist in an analysis of this issue, this report examines the basis for establishment of and the functioning of the Housing and Community Development Committee, and the Advisory and Appeals Board. HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE Background Section 34120 of the California Health and Safety Code, part of the Community Redevelopment Law, requires the City Council, in cases where it has declared itself to be the board of the Community Development Commission (which the National City City Council has), to appoint two additional CDC board members who are tenants of the housing authority if the housing authority has tenants, one of which tenants shall be over 62 years of age if the housing authority has tenants of that age. If the housing authority has no tenants, the Council shall adopt an ordinance providing for the appointment of tenants within one year of the housing authority first having tenants. Section 34120 further provides that as an alternative to appointing tenants of the housing authority as two additional members of the CDC board, the CDC may create a community development committee to which the two tenant appointments may be made. In 1978, the City Council adopted Ordinance No. 1619 creating such a committee, which was named the Housing and Community Development Committee (the "Committee"). 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Section 34120.5 of the Health and Safety Code requires that the Housing and Community Development Committee consist of no more than seven members, or no more than nine members if some of the members are tenants of the housing authority. Section 34120.5 further requires that if a committee is created, its function shall be to review and make _ recommendations on all matters to come before the CDC prior to CDC Board action, except emergency matters, and matters that the committee, by resolution, excludes from committee review and recommendation. The City Council may provide for procedures for review and recommendation, and for further functions of the committee, and may delegate any of its functions as the CDC to the committee. As mentioned above, the City Council adopted Ordinance No. 1619 in 1978, establishing the Housing and Community Development Committee. Section 4 of the Ordinance states that: . . . the purpose of said Committee shall be to encourage communication from persons, organizations and institutions in the City of National City and to give advice and make recommendations to the Community Development Commission of the City of National City or to the City Council of the City of National City in connection with housing projects, programs and policies, including the following: The Community Development Block Grant Program pursuant to the U.S. Housing and Community Development Act of 1974, as amended. b) The Housing and Urban Development Section 312 Rehabilitation Loan Program within the adopted Housing Assistance Area, as amended. c) The Housing and Urban Development Section 8 Housing Assistance Payments Program for existing housing and for new construction including 300 units for handicapped and elderly persons. d) The relocation of families and individuals displaced from their residences by the projects and programs of the Community Development Commission. e) The housing and neighborhood improvement aspects of the proposed Amendment No. 1, Center City Redevelopment Project. f) Other housing improvements, housing assistance and neighborhood improvement projects, programs and policies in connection with Federal and State laws relating to housing and neighborhood improvement. 2 With respect to the Committees' duties, the Ordinance provides that the Committee shall limit its review and recommendation to the matters set forth above, through the adoption of its by-laws. The composition of the Committee is set forth at Section 5 of the Ordinance which provides, in relevant part, that the Committee: ... shall consist of nine members who shall be appointed by and serve at the pleasure of the Mayor with the concurrence of the City Council. Members of the Committee shall be residents of the City of National City and shall serve for two year terms. Membership shall be as follows: (a) Two members shall be tenants of the Community Development Commission in its capacity as Housing Authority and one of the two tenants shall be over 62 years of age. (b) Seven members shall be appointed in partial fulfillment of the requirements for Citizen Participation in the U.S. Housing and Community Development Act of 1974 as amended by the U.S. Housing and Community Development Act of 1977 and to fulfill the requirements of Sections 33385 through 33388 of the Law entitled "Project Area Committee". (1) Not less than one member shall be an owner occupant within a redevelopment project in which a substantial number of low or moderate income families are to be displaced from their homes. (2) Not less than one member shall be a tenant in a redevelopment project in which such substantial displacement is to occur. (3) Not less than one member shall be in business within a redevelopment projects. (4) Not less than one member shall represent an existing organization or institution within a redevelopment project in which such substantial displacement is to occur. (5) Committee members shall be appointed to best reflect the interests of persons, groups, businesses and institutions affected by the Projects and Programs of the Community Development Commission, as they may vary from time to time. 3 (c) The Chairperson and the Vice Chairperson of the Committee shall be appointed in January of each year for one year terms by the Mayor with the concurrence of the City Council. The Secretary of the Commission shall be elected in January of each year by the Committee and shall serve for a one year term. Discussion Under the Community Redevelopment Law, when the City Council appoints itself as the Community Development Commission, the Council has two options.: (1) appointment to the CDC Board of two additional members who are tenants of the housing authority, or (2) creation of a Housing and Community Development Committee to which the two tenant members may be appointed. The City Council chose the second option in 1978, with the adoption of Ordinance No. 1619. Because of the difficulties encountered in the proper functioning of the Committee, including problems in convening a quorum, the City Council may wish to consider another approach in complying with the mandate of the Community Redevelopment Law. For example, the Council could enact an ordinance providing that the Planning Commission, which consists of seven members, would perform the functions and duties of the Committee, at such times as Committee business must be conducted. These functions and duties could be those that the Committee is currently assigned, or they could be expanded, modified, or reduced. With respect to the requirement that two housing authority tenants be members of the Committee, the Council could include two such members among its appointments to the. seven -member Planning Commission,or alternatively, appoint the tenant members as two additional members of the Commission, to act as part of the Conunission solely when there is Committee business to be conducted. Of course, the City Council always has the option of maintaining the status quo, which would currently require the filling of at least three vacancies, including the two housing authority tenant members. Even in selecting this option, the Council could act to reduce the number of members on the Commission, change the composition of the Commission (although appointment of two tenant members is mandatory in any event), and revise the Commission's duties. ADVISORY AND APPEALS BOARD Background The Advisory and Appeals Board (the "Board")was first established by the City Council in 1972, pursuant to Ordinance No. 1324, and assumed what is substantially its current form with the adoption of Ordinance No. 1834 in 1984. Unlike the Housing and Community Development Committee, creation of the Board was not mandated by State law, but was conceived of entirely by the City. The Advisory and Appeals Board also 4 differs from the Housing and Community Development Committee in that the provisions of the ordinance establishing the Board were codified, i.e., placed into the National City Municipal Code as Chapter 15.04. Section 15.04.010 of Chapter 15.04 states that the Advisory and Appeals Bard consists of seven members, and sets forth the jurisdiction and duties of the Board as follows: A. Alternate Materials and Method of Construction. The advisory and appeals board may approve such alternate materials and/or method of construction provided they find that the proposed materials and/or method of construction, for the purpose intended, is at least equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. B. Refusal to Issue Permits. The refusal of the director of building and safety or fire chief to issue any permit required by the city may be appealed by the applicant to the advisory and appeals board. C. Notice to Abate Public Nuisances. The action of the director of building and safety or fire chief in issuing a correction notice or a notice to abate a public nuisance may be appealed to the advisory and appeals board. Interpretation of City Codes. The decision of the director of building 'and safety or fire chief in interpreting provisions of the building code, housing code, electrical code, plumbing code, mechanical code and fire code of the city may be appealed to the advisory and appeals board. Section 15.04.020 provides that the members of the Board shall be appointed for a term of four years by the City Council, although State law, which takes precedence, provides that an appointment to a board of this type shall be by the Mayor, with the approval of the City Council. Section 15.04.030 provides that the Board shall adopt rules for the conduct of its hearings; that a tie vote of the Board shall affirm an action of the Fire Chief or the Chief Building Official; and that the Board may appoint a hearing panel of one or more of its members to hear an appeal. Section 15.04.040 states that special meetings of the Board may be called pursuant to the provisions of Section 54956 of the California Government Code. Section 15.04.050 states that the Director of Building and Safety shall be the secretary of the Board. Section 15.04.060 sets forth detailed procedures for making appeals to the Board; Section 15.04.070 provides that the decisions of the Board may be appealed to the City Council. Section 15.04.080 varies from the other sections of Chapter 15.04, providing that the City Council, rather than the Board, shall hear all appeals regarding the interpretation or application of disabled access regulations. Discussion Unlike the case of the Housing and Community Development Committee, the City Council has complete discretion over the creation and continued existence of the Advisory and Appeals Board. Because the Board has for all intents and purposes ceased to function, and because Chapter 15.04 already confers ultimate decision -making authority to the City Council in matters initially within the jurisdiction of the Board; the Council may wish to consider amending Chapter 15.04 to eliminate the Advisory and Appeals Board, and assume the authority currently vested in the Board. Alternatively, the Council may wish to maintain the existence of the Board, either in conformity with Chapter 15.04 of the Municipal Code, or with revisions to the Board's composition or duties. Conclusions It is requested that the City Council provide direction to the City Attorney's office as to how the Council would like to proceed on these issues. GHE/gmo Attachment jam:aw GEORGE a EISER, III City Attorney 6 CJTYATTORNEY City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-43In FEB 17 Pm Michael R. Dalla — City Clerk (619)336-4226 RECEI1t`i' (619) 336 4229' Eli Y OF NATIONAL CITY February 17, 2009 TO: Chris Zapata George Eiser FROM: Michael Dalla SUBJECT: Review of Status - Building Advisory Appeals Board and Housing and Community Development Committee As part of the process of updating and compiling information for a report to the City Council on Board & Commission vacancies and expired terms; a review of the need and desirability of maintaining some Boards & Committees is appropriate. Two such boards that warrant- review- at this time are the Building Advisory and. Appeals Board. and the Housing and Community Development Committee. BUILDING ADVISORY AND APPEALS BOARD (BAAB) HISTORY The Building Advisory and Appeals Board was established by Ordinance 1324 in 1972. It is authorized under provisions of the Health & Safety Code and the Uniform Building Code. STATUS The Board consists of seven members appointed by the City Council for four-year terms. It does not have a regular meeting schedule but rather meets"as needed". The last time the Board met was more than five years ago. The exact date is unknown. There are presently four vacancies on the Board. Of the three remaining members, one is no longer able to serve, one has indicated that they no longer wish to be on the board and the third member's term expired four years ago. The only time the Board members are contacted by the City is to complete their annual Statement of Economic Interest. For all intents and purposes, the BAAB is a non -existent -board with no - apparent purpose. ISSUES The current make-up and status of Board membership and the practically non-existent need for them to meet over the last several years raises some basic questions, such as: 1. Is there a statutory need or desire to maintain the Advisory & Appeals Board? 2. If the answer is `yes'; can the duties of the BAAB be addressed in some other way? 3. Does a smaller Board make sense or can additional responsibilities be assigned in order to make the Board meaningful? HOUSING & COMMUNITY DEVELOPMENT COMMITTEE (HCDC) HISTORY The HCDC was established by Ordinance 1619 with Statutory Authority from Health and Safety Code Section STATUS The nine member committee has at least three vacancies. The actual number of vacancies is difficult to determine because a meeting of the committee has not been held for some time. When a meeting was called, there was no quorum. Originally the committee met rnonthly under the auspices of the CDC. Its most recent (and only) charge when it was last active was to review and recommend funding allocations to the City Council for the CDBG program. With organizational and staff changes, the committee has become inactive; non-functioning. and without an identifiable department liaison or coordinator. As with the BAAB, the only contact the HCDC members have with the City is for their annual Statement of Economic Interest. The terms of existing members have all expired. ISSUES Given its recent history and inactivity, current and future housing issues confronting the City as well as California and HUD housing regulations; is the HCDC still a necessary and valuable committee with a purpose? If the answer is 'yes' then should thought be given to clarifying and defining exactly what that role is and how best to facilitate it? RECOMMENDATION Both the Building Advisory and Appeals Board and the HCDC need members. It is difficult to recruit and retain members to serve on committees that do not meet nor have a clearly defined mission or purpose. Clarifying the need, purpose and make-up of both Boards should be the first order of business before attempting to recruit and or reappoint new members. It is recommended that the issues identified. above, along with legal and policy considerations, be considered to determine an appropriate course of action: Recruitment, appointment and re -appointment activities will be held in abeyance pending such review. Copies of the Ordinances that created the two boards are attached. cc: Leslie Deese Brad Raulston City of National City, California CITY COUNCIL AGENDA STATEMENT EETING DATE September 15, 2009 AGENDA ITEM NO. 10 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 2.28 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 2.28.015 THERETO, PERTAINING TO THE PLANNING COMMISSION FUNCTIONING AS THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT PREPARED BY George H. Eiser, III (Ext. 4221) DEPARTMENT City Attorney EXPLANATION A companion item on this September 15 agenda is the introduction of an ordinance amending portions of Ordinance Nos. 1619, 1829, and 91-2012, to provide that the purpose and functions of the Committee for Housing and Community Development will henceforth be implemented by the Planning Commission. This subject was first discussed at the June 16, 2009 City Council meeting; please refer to the agenda materials for the June 16 meeting, included with the materials for the aforementioned companion item on this agenda. The proposed ordinance would amend Chapter 2.28 of the Municipal Code, which pertains to the Planning Commission, to mirror the provisions of the ordinance being introduced with the companion item. Environmental Review A_ N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance. BOARD / COMMISSION RECOMMENDATION NIA ATTACHMENTS ( Listed Below) Resolution No. Ordinance A-200 (9/99) ORDINANCE NO. 2009 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 2.28 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 2.28.015 THERETO, PERTAINING TO THE PLANNING COMMISSION FUNCTIONING AS THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT BE IT ORDAINED by the City Council of the City of National City that Chapter 2.28 of the National City Municipal Code is amended by adding Section 2.28.015 thereto, to read as follows: 2.28.015 Planning Commission to Function as Committee on Housing and Community Development — Ex Officio Members. A. In addition to the functions conferred upon it by the Municipal Code and by state law, the Planning Commission shall also act in the capacity and carry out the functions of the board of the Committee on Housing and Community Development (the "Committee"). B. The Committee shall be comprised of the seven (7) members of the Planning Commission (the "Commission"), who shall sit as the Board of the Committee when the Commission is acting in the capacity and carrying out the functions of the Committee. In addition, the City Council shall appoint two (2) ex officio members to four year terms, who shall be tenants of the Community Development Commission ("CDC"), and one (1) of whom shall be over 62 years of age. Said ex officio members shall sit with the seven (7) members of the Planning Commission on such occasions as the Commission is acting in the capacity and carrying out the functions of the Committee. Said ex officio members shall serve at the pleasure of the City Council. C. The Commission, when acting in the capacity and carrying out the functions of the Committee, shall utilize a Committee agenda, which shall be separate and distinct from the Commission agenda. Except for special meetings of either body, meetings of the Commission and the Committee shall be scheduled for the same date and time, unless it is impracticable to do so, with the meeting of one body to be held consecutively after the other. D. The Chairperson and Vice -Chairperson of the Planning Commission shall also be the Chairperson and Vice -Chairperson of the Committee. The two ex officio members shall not receive compensation, but shall be eligible for reimbursement of expenses incurred in the performance of official duties. The two ex officio members shall disclose reportable financial interests as members of the Housing and Community Development Committee pursuant to the City's Conflict of Interest Code. PASSED and ADOPTED this day of , 2009. Ron Morrison, Mayor Ordinance No. 2009 — Page 2 of 2 ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT METING DATE September 15, 2009 AGENDA ITEM NO. 11 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 15.04 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CITY COUNCIL'S AUTHORITY TO APPROVE ALTERNATE MATERIALS AND METHODS OF CONSTRUCTION, CONSIDER APPEALS, AND MAKE INTERPRETATIONS UNDER TITLE 15 OF THE MUNICIPAL CODE; AND DISSOLVING THE ADVISORY AND APPEALS BOARD PREPARED BY George H. Eiser, III I� DEPARTMENT City Attorney (Ext. 4221) EXPLANATION At the June 16, 2009 City Council meeting, the City Council considered a report pertaining to the Housing and Community Development Committee and the Advisory and Appeals Board. The agenda materials for that meeting are attached. At the conclusion of the discussion regarding the Advisory and Appeals Board, the City Council decided to dissolve the Board, and assume the functions previously within the Board's jurisdiction. The proposed ordinance would dissolve the Advisory and Appeals Board, and transfer to the City Council the authority to: • Approve alternate materials and methods of construction • Consider appeals from the refusal of the Building Official or Fire Chief to issue permits • Consider appeals of Notices to abate public nuisances • Interpret the various codes under Title 15 of the Municipal Code • Interpret disabled access regulations The City Council's decision in any of these matters would be final. Environmental Review J N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance. BOARD / COMMISSION RECOMMENDATION N/A I ATTACHMENTS ( Listed Below) Resolution No. Agenda materials from June 16, 2009 City Council meeting 1, Ordinance A-200 (9/99) ORDINANCE NO. 2009 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 15.04 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CITY COUNCIL'S AUTHORITY TO APPROVE ALTERNATE MATERIALS AND METHODS OF CONSTRUCTION, CONSIDER APPEALS, AND MAKE INTERPRETATIONS UNDER TITLE 15 OF THE MUNICIPAL CODE; AND DISSOLVING THE ADVISORY AND APPEALS BOARD BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Chapter 15.04 of the National City Municipal Code is amended to read as follows: Chapter 15.04 CITY COUNCIL AUTHORITY UNDER TITLE 15 OF THE MUNICIPAL CODE Sections: 15.04.010 City Council's Authority Under Title 15 15.04.010 City Council's Authority Under Title 15 In matters pertaining to Title 15 of the Municipal Code, the City Council shall have final authority in the following matters: A. Alternate Materials and Method of Construction. The City Council may approve alternate materials and/or method of construction provided they find that the proposed materials and/or method of construction, for the purpose intended, at least equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. B. Refusal to Issue Permits. The refusal of the Director of Building and Safety or Fire Chief to issue any permit required by the City may be appealed by the applicant to the City Council. C. Notice to Abate Public Nuisances. The action of the Director of Building and Safety or Fire Chief in issuing a correction notice or a notice to abate a public nuisance may be appealed to the City Council. D. Interpretation of City Codes. The decision of the Director of Building and Safety or Fire Chief in interpreting provisions of the Building Code, Housing Code, Electrical Code, Plumbing Code, Mechanical Code and Fire Code of the City may be appealed to the City Council. E. Disabled Access Regulations. All appeals regarding the interpretation or application of the disabled access regulations contained in Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code pursuant to Health and Safety Code Section 19957.5 and the disabled access regulations contained in Title 24 of the California Code of Regulations shall be heard by the City Council. Ordinance No. 2009 — Page 2 of 2 F. Decision of the City Council to be Final. In deciding the matters enumerated in Subsections A through E of this Section, the decision of the City Council shall be final. Section 2. That the body known as the Advisory and Appeals Board is dissolved. Whenever there is a reference in the Municipal Code or other law or regulation to the Advisory and Appeals Board, it shall be construed to mean the City Council. PASSED and ADOPTED this day of September, 2009. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor City of National City, California CITY COUNCIL AGENDA STATEMENT EETING DATE June 16, 2009 AGENDA ITEM NO. ITEM TITLE REPORT ON HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE AND ADVISORY AND APPEALS BOARD PREPARED BY George H. Eiser, III Pk DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please see attached memorandum. Environmental Review 4 , N/A Financial Statement N/A STAFF RECOMMENDATION Provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) Memorandum Resolution No. A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate TO: `—� IdVCURi`POIILhTE'I? • Office of the City Attorney City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton Mayor and City Council DATE: June 2, 2009 FROM: City Attorney SUBJECT: Report on Housing and Community Development Committee; Advisory and Appeals Board Introduction In a recent memorandum to the City Manager, a copy of which is attached, the City Clerk reported that the Housing and Community Development Committee and the Advisory and Appeals Board commonly experience a lack of a quorum, no items of business, and often have vacancies in their membership. Because these bodies are virtually non- functioning, the City Clerk in his memorandum suggests that it may be appropriate to question the need for their continued existence. To assist in an analysis of this issue, this report examines the basis for establishment of and the functioning of the Housing and Community Development Committee, and the Advisory and Appeals Board. HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE Background Section 34120 of the California Health and Safety Code, part of the Community Redevelopment Law, requires the City Council, in cases where it has declared itself to be the board of the Community Development Commission (which the National City City Council has), to appoint two additional CDC board members who are tenants of the housing authority if the housing authority has tenants, one of which tenants shall be over 62 years of age if the housing authority has tenants of that age. If the housing authority has no tenants, the Council shall adopt an ordinance providing for the appointment of tenants within one year of the housing authority first having tenants. Section 34120 further provides that as an alternative to appointing tenants of the housing authority as two additional members of the CDC board, the CDC may create a community development committee to which the two tenant appointments may be made. In 1978, the City Council adopted Ordinance No. 1619 creating such a committee, which was named the Housing and Community Development Committee (the "Committee"). 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Section 34120.5 of the Health and Safety Code requires that the Housing and Community Development Committee consist of no more than seven members, or no more than nine members if some of the members are tenants of the housing authority. Section 34120.5 further requires that if a committee is created, its function shall be to review and make recommendations on all matters to come before the CDC prior to CDC Board action, except emergency matters, and matters that the committee, by resolution, excludes from committee review and recommendation. The City Council may provide for procedures for review and recommendation, and for further functions of the committee, and may delegate any of its functions as the CDC to the committee. As mentioned above, the City Council adopted Ordinance No. 1619 in 1978, establishing the Housing and Community Development Committee. Section 4 of the Ordinance states that: . . . the purpose of said Committee shall be to encourage communication from persons, organizations and institutions in the City of National City and to give advice and make recommendations to the Community Development Commission of the City of National City or to the City Council of the City of National City in connection with housing projects, programs and policies, including the following: The Community Development Block Grant Program pursuant to the U.S. Housing and Community Development Act of 1974, as amended. The Housing and Urban Development Section 312 Rehabilitation Loan Program within the adopted Housing Assistance Area, as amended. c) The Housing and Urban Development Section 8 Housing Assistance Payments Program for existing housing and for new construction including 300 units for handicapped and elderly persons. d) The relocation of families and individuals displaced from their residences by the projects and programs of the Community Development Commission. e) The housing and neighborhood improvement aspects of the proposed Amendment No. 1, Center City Redevelopment Project. f) Other housing improvements, housing assistance and neighborhood improvement projects, programs and policies in connection with Federal and State laws relating to housing and neighborhood improvement. 2 With respect to the Committees' duties, the Ordinance provides that the Committee shall limit its review and recommendation to the matters set forth above, through the adoption of its by-laws. The composition of the Committee is set forth at Section 5 of the Ordinance which provides, in relevant part, that the Committee: ... shall consist of nine members who shall be appointed by and serve at the pleasure of the Mayor with the concurrence of the City Council. Members of the Committee shall be residents of the City of National City and shall serve for two year terms. Membership shall be as follows: (a) Two members shall be tenants of the Community Development Commission in its capacity as Housing Authority and one of the two tenants shall be over 62 years of age. (b) Seven members shall be appointed in partial fulfillment of the requirements for Citizen Participation in the U.S. Housing and Community Development Act of 1974 as amended by the U.S. Housing and Community Development Act of 1977 and to fulfill the requirements of Sections 33385 through 33388 of the Law entitled "Project. Area Committee". (1) Not less than one member shall be an owner occupant within a redevelopment project in which a substantial number of low or moderate income families are to be displaced from their homes. (2) Not less than one member shall be a tenant in a redevelopment project in which such substantial displacement is to occur. (3) Not less than one member shall be in business within a redevelopment projects. (4) Not less than one member shall represent an existing organization or institution within a redevelopment project in which such substantial displacement is to occur. (5) Committee members shall be appointed to best reflect the interests of persons, groups, businesses and institutions affected by the Projects and Programs of the Community Development Commission, as they may vary from time to time. 3 (c) The Chairperson and the Vice Chairperson of the Committee shall be appointed in January of each year for one year terms by the Mayor with the concurrence of the City Council. The Secretary of the Commission shall be elected in January of each year by the Committee and shall serve for a one year term. Discussion Under the Community Redevelopment Law, when the City Council appoints itself as the Community Development Commission, the Council has two options: (1) appointment to the CDC Board of two additional members who are tenants of the housing authority, or (2) creation of a Housing and Community Development Committee to which the two tenant members may be appointed. The City Council chose the second option in 1978, with the adoption of Ordinance No. 1619. Because of the difficulties encountered in the proper functioning of the Committee, including problems in convening a quorum, the City Council may wish to consider another approach in complying with the mandate of the Community Redevelopment Law. For example, the Council could enact an ordinance providing that the Planning Commission, which consists of seven members, would perform the functions and duties of the Committee, at such times as Committee business must be conducted. These functions and duties could be those that the Committee is currently assigned, or they could be expanded, modified, or reduced. With respect to the requirement that two housing authority tenants be members of the Committee, the Council could include two such members among its appointments to the. seven -member Planning Commission, or alternatively, appoint the tenant members as two additional members of the Commission, to act as part of the Commission solely when there is Committee business to be conducted. Of course, the City Council always has the option of maintaining the status quo, which would currently require the filling of at least three vacancies, including the two housing authority tenant members. Even in selecting this option, the Council could act to reduce the number of members on the Commission, change the composition of the Commission (although appointment of two tenant members is mandatory in any event), and revise the Commission's duties. ADVISORY AND APPEALS BOARD Background The Advisory and Appeals Board (the "Board")was first established by the City Council in 1972, pursuant to Ordinance No. 1324, and assumed what is substantially its current form with the adoption of Ordinance No. 1834 in 1984. Unlike the Housing and Community Development Committee, creation of the Board was not mandated by State law, but was conceived of entirely by the City. The Advisory and Appeals Board also 4 differs from the Housing and Community Development Committee in that the provisions of the ordinance establishing the Board were codified, i.e., placed into the National City Municipal Code as Chapter 15.04. Section 15.04.010 of Chapter 15.04 states that the Advisory and Appeals Bard consists of seven members, and sets forth the jurisdiction and duties of the Board as follows: A. Alternate Materials and Method of Construction. The advisory and appeals board may approve such alternate materials and/or method of construction provided they find that the proposed materials and/or method of construction, for the purpose intended, is at least equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. B. Refusal to Issue Permits. The refusal of the director of building and safety or fire chief to issue any permit required by the city may be appealed by the applicant to the advisory and appeals board. C. Notice to Abate Public Nuisances. The action of the director of building and safety or fire chief in issuing a correction notice or a notice to abate a public nuisance may be appealed to the advisory and appeals board. D Interpretation of City Codes. The decision of the director of building 'and safety or fire chief in interpreting provisions of the building code, housing code, electrical code, plumbing code, mechanical code and fire code of the city may be appealed to the advisory and appeals board. Section 15.04.020 provides that the members of the Board shall be appointed for a term of four years by the City Council, although State law, which takes precedence, provides that an appointment to a board of this type shall be by the Mayor, with the approval of the City Council. Section 15.04.030 provides that the Board shall adopt rules for the conduct of its hearings; that a tie vote of the Board shall affirm an action of the Fire Chief or the Chief Building Official; and that the Board may appoint a hearing panel of one or more of its members to hear an appeal. Section 15.04.040 states that special meetings of the Board may be called pursuant to the provisions of Section 54956 of the California Government Code. Section 15.04.050 states that the Director of Building and Safety shall be the secretary of the Board. Section 15.04.060 sets forth detailed procedures for making appeals to the Board; Section 15.04.070 provides that the decisions of the Board may be appealed to the City Council. Section 15.04.080 varies from the other sections of Chapter 15.04, providing that the City Council, rather than the Board, shall hear all appeals regarding the interpretation or application of disabled access regulations. Discussion Unlike the case of the Housing and Community Development Committee, the City Council has complete discretion over the creation and continued existence of the Advisory and Appeals Board. Because the Board has for all intents and purposes ceased to function, and because Chapter 15.04 already confers ultimate decision -making authority to the City Council in matters initially within the jurisdiction of the Board, the Council may wish to consider amending Chapter 15.04 to eliminate the Advisory and Appeals Board, and assume the authority currently vested in the Board. Alternatively, the Council may wish to maintain the existence of the Board, either in conformity with Chapter 15.04 of the Municipal Code, or with revisions to the Board's composition or duties. Conclusions It is requested that the City Council provide direction to the City Attorney's office as to how the Council would like to proceed on these issues. GHE/gmo Attachment air GEORGE H. EISER, III City Attorney 6 r'lY TORE` City of National City Office of the City Clerk 1243 National .City Blvd., National City, CA 91950-430g FEB i i Pm ` Michael R. Della - City Clerk (619)336-4226 (619) 336-4229 RECEIVE() Cli v OF NATIONAL CITY February 17, 2009 TO: Chris Zapata George Eiser FROM: Michael Dafla SUBJECT: Review of Status - Building Advisory Appeals Board and Housing and Community Development Committee As part of the process of updating and compiling information for a report to the City Council on Board & Commission vacancies and expired terms; a review of the need and desirability of maintaining some Boards & Committees is appropriate. Two such boards that warrant review- at this time are the Building Advisory and. Appeals Board and the Housing and Community Development Committee. BUILDING ADVISORY AND APPEALS BOARD (BAAB) HISTORY The Building Advisory and Appeals Board was established by Ordinance 1324 in 1972. It is authorized under provisions of the Health & Safety Code and the Uniform Building Code. STATUS The Board consists of seven members appointed by the City Council for four-year terms. It does not have a regular meeting schedule but rather meets"as needed". The last time the Board met was more than five years ago. The exact date is unknown. There are presently four vacancies• on the Board. Of the three remaining members, one is no longer able to serve, one has indicated that they no longer wish to be on the board and the third member's term expired four years ago. The only time the Board members are contacted by the City is to complete their annual Statement of Economic Interest. For all intents and purposes, the- BARB- is -a- nonexistent boardwithno apparent purpose. ISSUES The current make-up and status of Board membership and the practically non-existent need for them to meet over the last several years raises some basic questions, such as: 1. Is there a statutory need or desire to maintain the Advisory & Appeals Board? 2. If the answer is 'yes'; can the duties of the BAAB be addressed in some other way? 3. Does a smaller Board make sense or can additional responsibilities be assigned in order to make the Board meaningful? HOUSING & COMMUNITY DEVELOPMENT COMMITTEE (HCDC) HISTORY The HCDC was established by Ordinance 1619 with Statutory Authority from Health and Safety Code Sections STATUS The nine member committee has at least three vacancies. The actual number of vacancies is difficult to determine because a meeting of the committee has not been held for some time. When a meeting was called, there was no quorum. Originally the committee met monthly under the auspices of the CDC. Its most recent (and only) charge when it was last active was to review and recommend funding allocations to the City Council for the CDBG program. With organizational and staff changes, the committee has become inactive; non-functioning and without an identifiable department liaison or coordinator. As with the BAAB, the only contact the HCDC members have with the City is for their annual Statement of Economic Interest. The terms of existing members have all expired. ISSUES Given its recent history and inactivity, current and future housing issues confronting the City as well as California and HUD housing regulations; is the HCDC still a necessary and valuable committee with a purpose? If the answer is 'yes' then should thought be given to clarifying and defining exactly what that role is and how best to facilitate it? RECOMMENDATION Both the Building Advisory and Appeals Board and the HCDC need members. It is difficult to recruit and retain members to serve on committees that do not meet nor have a clearly defined mission or purpose. Clarifying the need, purpose and make-up of both Boards should be the first order of business before attempting to recruit and or reappoint new members. It is recommended that the issues identified above, along with legal and policy considerations, be considered to determine an appropriate course of action. Recruitment, appointment and re -appointment activities will be held in abeyance pending such review. Copies of the Ordinances that created the two boards are attached. cc: Leslie Deese Brad Raulston City of National City, California CITY COUNCIL AGENDA STATEMENT IEETING DATE September 15, 2009 AGENDA ITEM NO. 12 (ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 2008-180 PREPARED BY EXPLANATION George H. Eiser, III (Ext. 4221) DEPARTMENT Please see attached memorandum. City Attorney Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve attached Resolution, adopting Conflict of Interest Code BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution and Conflict of Interest Code Memorandum Resolution No. A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 2008-180 WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local govemment agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act of 1974 after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and WHEREAS, the City of National City has determined that the attached Appendix accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable. NOW, THEREFORE, BE IT RESOLVED that except for Section 9.5 thereof pertaining to state officers and employees, the terms of 2 Cal. Code of Regulations Section 18730, attached hereto as Exhibit "A," and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of National City. BE IT FURTHER RESOLVED that Resolution No. 2008-180 is hereby rescinded. PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney CALIFORNIA Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate INCORPORATED Office of the City Attorney City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: September 9, 2009 FROM: City Attorney SUBJECT: Resolution Approving Amendment of City's Conflict of Interest Code; Determination of which Disclosure Categories Apply to Executive Assistant III and IV Positions At the September 1, 2009 City Council meeting, the City Council directed that the Executive Assistant III and IV positions working directly for the Mayor, the City Manager, and the City Attorney be added to the designated positions required to file a Statement of Economic Interests ("SEI") pursuant to the City's Conflict of Interest Code. These three positions, which together with the existing designated positions in the Conflict of Interest Code total 67 positions, are potentially subject to reporting the following types of financial interests, or Disclosure Categories, under the Code: CATEGORY 1: Investments and sources of income. CATEGORY 2: Interests in real property. CATEGORY 3: Investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the department. CATEGORY 4: Investments in business entities and sources of income that engage in land development, construction, or the acquisition of sale of real property. CATEGORY 5: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, materials, machinery, or equipment. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 CATEGORY 6: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's department to provide services, supplies, materials, machinery, or equipment. CATEGORY 7: Business positions. Title 2 of the California Code of Regulations comprises the administrative regulations adopted by the Fair Political Practices Commission to implement the Political Reform Act. Section 18730 of the Title 2, which is incorporated in the City's Conflict of Interest Code, describes the information which is required to be reported on the SEI under the Disclosure Categories as follows: 1. Investment and Real Property Disclosure. When an investment or an interest in real property is required to be reported, the statement shall contain the following: a) A statement of the nature of the investment or interest; b) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; c) The address or other precise location of the property; d) A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000). 2. Personal Income Disclosure. When personal income is required to be reported, the statement shall contain: a) The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; b) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one 2 thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000); c) A description of the consideration, if any, for which the income was received; d) In the caes of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; e) In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. 3. Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: a) The name, address, and a general description of the business activity of the business entity; b) The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). 4. Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. The City Council has, by acting to add as designated positions under the Conflict of Interest Code the Executive Assistant I11 and IV positions in the Mayor's, City Manager's, and City Attorney's offices, taken the first step in the process. The final step is to determine which Disclosure Categories the newly -designated positions must report on the SEI. The City Council may elect to require anywhere from one to all seven of the Disclosure Categories to be reported for these positions. It is suggested that the criterion for making this decision should be the extent to which the employee's financial interests could potentially be affected by the employee in performing his/her job duties. For example, it could easily be perceived how a Planning Director, in carrying out his/her 3 duties, could materially affect his/her investment in a business entity that engages in land development. Accordingly, any investments in such business entities should be one of the Disclosure Categories the Planning Director is required to report. In the present case of the Executive Assistant III and IV positions, it would appear appropriate to require, at a minimum, that financial interests be reported under Category 1 (Investments and sources of income); Category 2 (Interests in real property); Category 4 (Investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property); Category 5 (Investments in business entities and sources of income of the type which have contracted with the City or CDC within the previous 12 months or calendar year); and Category 7 (Business positions). Once the Conflict of Interest Code has been amended to add the Designated Positions of Executive Assistant III and IV when working directly for the Mayor, the City Manager, and the City Attorney, the employees occupying those positions have 30 days from the date of the approval of the amendment to file an "Initial" Statement of Economic Interests. The scope of what must be disclosed includes any reportable investments, interests in real property, and busincss positions held on the effective date of the amendment. Income received must be reported for the 12 months prior to the effective date. GHE/ama GEORGE City Attorney EISER, III 4 Search - 61 Results - 2 ccr 18730 Page 1 of 8 Research Tasks 'e Switen Chant Preferences l Sign Out I t Help Alerts Total Litigator Transactional .AdvisorCounsel Selector History Search WithinOriginal Results (1 - 61) Advanced... Source: Legal > /...1> CA - Barclays Official California Code of Regulations TOC: Ba-rclaVi 0ffciat California Code Of Regulations > /... / > ARTICLE 2. DISCLOSURE > § 18730. Provisions of Conflict of Interest Codes Terms: 2 ccr 18730 (Edit Search I Suogest Terms for My Search) 'Select for FOCUSTM or Delivery 0 2 CCR 18730 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright © 2009 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2009, NO. 33, AUGUST 14, 2009 * TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 2. DISCLOSURE 2 CCR 18730 (2009) § 18730. Provisions of Conflict of Interest .Codes (a) Incorporation by reference of the.terms of this regulation alongwiththe designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Rens. sections 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeablyhave a material effect on economic interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in thatsame capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply; (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; EXHIBIT "A" L./..,.J...:,...,.0_.—D_.7..W 1--o>.l ,..v `l—O_,1__0__1 - A_ 0-1 _ r_U--- 11 innnn Search - 61 Results - 2 ccr 18730 Page 2 of 8 (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for both agencies.<1> Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.<2> (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. Alt persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents' of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real on ono° Search - 61 Results - 2 ccr 18730 Page 3 of 8 property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Government Code section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to 2 Cal. Code Regs. section 18754. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property<3> is required to be reported,<4> the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($ 2,000), exceeds ten thousand dollars ($ 10,000), exceeds one hundred thousand dollars ($ 100,000), or exceeds one million dollars ($ 1,000,000). (B) Personal Income Disclosure. When personal income is required to be reported,<5> the statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars ($ 500) or more in value, or fifty dollars ($ 50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($ 1,000) or less, greater than one thousand dollars ($ 1,000), greater than ten thousand dollars ($ 10,000), or greater than one hundred thousand dollars ($ 100,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,<6> the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($ 10,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. httu://www.lexis. com/re search/retrieve?v=&dom 1=&dom2=&dom3=&dom4=&dom5=& cr... 9/2/2009 Search - 61 Results - 2 ccr 18730 Page 4 of 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of. economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $ 420. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $ 420 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shelf not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d); (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($ 500) at any given time. 4. Loans made, or offered in writing, before January 1, 199B. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred 1_D- O.,7,.«..')—D. a,.....n—D. ,),. — o/')Y)nno Search - 61 Results - 2 ccr 18730 Page 5 of 8 dollars ($ 500) or more, except when the loan is in writing and dearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be clue on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any, person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars ($ 100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($ 250) during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or, a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($ 2,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($ 2,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($ 500) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; httn: //www.l exi s. c om/research/retrieve?v=&dom 1=&dom2=&dom3=&dom4=&dom5=&cr... 9/2/2009 Search - 61 Results - 2 ccr 18730 Page 6 of 8 (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $ 420 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes 'of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($ 1,000) or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 and 2 Cal. Code Regs. sections 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. <1>Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. <2>See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. <3>For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. <4>Investments and interests in real property which have a fair market value of less than $ 2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 oorynno Search - 61 Results - 2 ccr 18730 Page 7 of 8 percent or greater. <5>A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. <6>Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. AUTHORITY: Note: Authority cited: Section 83112 Government Code. Reference: Sections 87103(e) 87300-87302 89501, 89502 and 89503 Government Code. HISTORY: 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included. 2. Editorial correction (Register 80, No. 29). 3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2). 4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter, (Register 83, No. 5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46). 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16). 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(8) and numerous editorial changes filed 8-28-90; operative 9- 27-90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8- 24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35). 19. Editorial correction of subsection (a) (Register 98, No. 47). http://www.lexis. com/research/retrieve?y=&dom 1=&dom2=&dom3=&dom4=&dom 5=&cr... 9/2/2009 Search - 61 Results - 2 ccr 18730 Page 8 of 8 20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2). 23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13- 2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7). 24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3). 25. Editorial correction of 24 (Register 2003, No. 12). 26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33). 27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1). 28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41). 29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18-2006; operative 1- 1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51). 30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11-30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44). Source: _Legal > I ... / > CA - Barclays Official California Code of Regulations TOC: Barclays Official California Code of Regulations > / ... / > ARTICLE 2. DISCLOSURE > § 18730. Provisions of Conflict of Interest Codes Terms: 2 ccr 18730 (Edit Search 1 Suggest Terms for My Search) View: Full DatefTime: Wednesday, September 2, 2009 - 8:59 PM EDT Search 1 Research Tasks 1 Get a Document 1 Shepard's® Alerts Total Litigator 1 Transactional Advisor 1 Counsel Selector History I Delivery Manager I Switch Client. 'Preferences !Sign Out 1 Hem LPXIShI XtSe About) exishlexic I Terms & Conditions I Contact Us Copyright © 2009 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. , r• r, o i , o _I ", 0 a- -—o-an/-v')nun APPENDIX CONFLICT OF INTEREST CODE FOR THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY I. PURPOSE. This Code is adopted pursuant to the provisions of Government Code Section 87300, et seq., to provide for the disclosure or prevention of all foreseeable potential conflicts of interest; to provide effected persons with clear and specific statements of their duties under the Code; and to differentiate between designated persons with different powers and responsibilities. The requirements hereof are in addition to the other requirements of the Political Reform Act and other State and local laws pertaining to conflicts of interest, including the general prohibition against conflicts of interest found in Government Code Section 87100. II. GENERAL PROVISIONS. A. When a person is required to disclose investments and sources of income, that person must disclose investments in business entities and sources of income that do business in the jurisdiction, or have done business in the jurisdiction within the past 12 months (Initial Statement and Assuming Office Statement) or calendar year (Annual Statement). In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. B. When a person is required to disclose interests in real property, that person must disclose real property that is located in whole or in part within the boundaries of the City of National City. C. When a person is required to disclose business positions, that person must disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. III. DISCLOSURE. The persons listed below have been designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests within their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments. The persons listed below are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions." 1 Appendix — Conflict of Interest Code The Disclosure Categories are: CATEGORY 1: CATEGORY 2: CATEGORY 3: CATEGORY 4: CATEGORY 5: Investments and sources of income. Interests in real property. Investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the depaitluent. Investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property. Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, materials, machinery, or equipment. CATEGORY 6: Investments in business entitles and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's depattinent to provide services, supplies, materials, machinery, or equipment. CATEGORY 7: Business positions. The persons designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests with their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments are: DESIGNATED POSITION 1. Mayor, Councilmembers 2. Chairman and Members of the Community Development Commission 3. City Manager 4. City Attorney/ Community Development Commission Attorney 5. City Treasurer 6. Director of Finance 7. Financial Services Officer 8. Planning Commission 9. Advisory and Appeals Board 10. Assistant Chief of Police 11. Assistant City Attorney/Senior Assistant City Attorney DISCLOSURE CATEGORIES */ */ */ */ */ */ */ */ 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 2 Appendix — Conflict of Interest Code 12. Assistant City Manager 13. Assistant Civil Engineer 14. Assistant Director of Public Works/Engineering 15. Battalion Chief 16. Building Inspector 17. Building Official 18. City Clerk (includes Records Management Officer) 19. City Engineer 20. City Librarian 21. Civil Service Commission 22. Code Conformance Officer III 23. Community and Police Relations Commission 24. Community Development Program Manager 25. Community Development Specialist III 26. Community Services Director 27. Deputy City Attorney 28. Deputy Director of Finance 29. Deputy Director of Human Resources 30. Director of Community Development 31. Director of Human Resources 32. Director of Planning and Building 33. Director of Public Works 34. Executive Assistant III (When assigned to Mayor's, City Manager's, or City Attorney's Office) 35. Executive Assistant IV (When assigned to Mayor's, City Manager's, or City Attorney's Office 36. Executive Director, Community Development Commission 37. Facilities Maintenance Supervisor 38. Fire Chief 39. Housing and Community Development Committee 40. Housing Program Manager, Redevelopment 41. Library Board of Trustees 42. Management Analyst III 43. MIS Manager 44. Neighborhood Council Coordinator 45. Neighborhood Services Manager 46. Nutrition Manager 47. Park Superintendent 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 3 Appendix - Conflict of Interest Code 48. Park Supervisor 49. Police Captain 50. Police Chief 51. Police Lieutenant 52. Police Support Services Manager 53. Principal Civil Engineer 54. Principal Librarian 55. Principal Planner 56. Public Arts Committee 57. Purchasing Agent 58. Recreation Superintendent 59. Redevelopment Manager 60. Risk Manager 61. Senior Accountant 62. Senior Building Inspector 63. Street and Wastewater Superintendent 64. Street Maintenance Supervisor 65. Traffic Engineer 66. Wastewater Supervisor 67. Consultants: If designated in their contracts, for the categories specified in their contracts by the City Council, the CDC Board, City Manager, Executive Director or Purchasing Agent. 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 4 Appendix - Conflict of Interest Code City of National City, California COUNCIL AGENDA STATEMENT ...FETING DATE September 15, 2009 AGENDA ITEM NO. 13 ITEM TITLE A Resolution of the City Council of the City of National City accepting the work performed by Koch -Armstrong General Engineering, Inc. with the final amount of $6,265,090.46, authorizing the Mayor to sign the final balance change order and authorizing the filing of the Notice of Completion with the County Recorder for the National City Street Resurfacing Project, FY 08-09. (Funded through Gas Tax, Traffic Congestion Relief, Proposition A and 1B Funds and CIWMB Grants). PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT EXT. 4388 Development Services/ Engineering Environmental Review X N/A MIS Approval Financial Statement Approved By: \ Finance Director Project was funded by Account numbers: 109-409-500-598-6035 (Gas Tax), 307-409-500-598-6035 (Prop A), 345-409-500-598- 6035 (Traffic Congestion Relief), 346-409-500-598-6035 (Prop 1B), and 296-409-500-598-6035 (CIWMB Grant) per Resolution No. 2008-107. Retention will be paid via Traffic Control Relief then Prop A funds. STAFF RECOMMENDATION Adopt the Reso + ion. BOARD / COMMISSION RECOMMENDATION Account No. N/A ram 1 ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Final Balance 3. Notice of Completion l A-200 (Rev. 7/03) SPEC 08-04 NOC EXPLANATION Per Resolution No. 2008-107, the City Council awarded a contract to Koch -Armstrong General Engineering, Inc. in the amount of $5,327,000.00 for the construction of the National City Street Resurfacing Project (Phase 2), Specification No. 08-04. During the course of construction, field conditions were discovered, time -sensitive work, or Ctiy-initiated change orders were approved and added to the project with the following 24 change orders: 1) Addition of fencing for the Kimball Park Skate Park, 2) Addition of skate surface for the Kimball Park Skate Park, 3) Addition of line items and unit pricing for removal and replacement (dig outs) of AC and full street sections (No Cost), 4) Remove and replace "H" curb at W 18th St and McKinley Ave, 5) Addition of 7 4'x4' information signs, 6) Change strength of concrete to 4000 psi (No Cost), 7) Addition of application of herbicide, 8) Addition of supervisor services from American Ramp for Kimball Park Skate Park fixtures, 9) Addition of tools, crew truck, and labor for Kimball Park Skate Park installation, 10) Addition of labor for installation of equipment for park furnishings at Kimball Park, 11) Addition of F Ave striping, 12) Addition of tree trimming services, 13) Addition of tree trimming services, 14) Addition of traffic stencils per new traffic standards, 15) Valley Road Sidewalk Improvements, 16) Remove and replace 1 manhole cover system at E 27th St and A Ave, 17) Remove and replace 1 manhole cover system and E 27th St and D Ave, 18) Addition of labor services for removal and installation of park furnishings at Kimball Park, 19) Addition of yield pavement markings at W 11th St and Coolidge Ave, 20) Addition of latex additive for National City Blvd flurry Seal between 18th St and 33rd St., 21) Addition of Rubber Tire Roller equipment for ,Jational City Blvd Slurry Seal between 18th St and 33`d St., 22) Addition of bicycle lanes on Hoover Ave and Coolidge Ave between Civic Center Dr and W 18th St., 23) Add additional herbicide and stump removal at National City Blvd, and 24) Addition of missing sidewalk and retaining wall at Sweetwater Road east of Prospect Ave. Therefore, the construction bid price of $5,327,000.00 was increased by $332,417.31 to $5,659,417.31. Furthermore, line item increases/deductions as shown in the final balance change order totaling $605,673.15 were added to the scope of work per the contract and specifications. This included the E 4th St and M Ave drainage improvements work performed in June of 2009 due to citizens' concerns and deteriorated conditions discovered while work was in progress and additional street sections by City request. Therefore, the construction cost of $5,659,417.31 was increased to a final construction cost of $6,265,090.46. A final inspection was completed and closing documentation was submitted to the City for review. Final approval of the project was delayed because there were change order requests initiated by the City resulting in the contractor's progress invoices and the delivery of final closing documents being postponed. Please see attached "Final Contract Balance Change Order" document for a breakdown of line item change, Change Orders, and contracted work days. After these issues were resolved, the project was eligible for a notice of completion. The work was then found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a Notice of Completion for the National City Street Resurfacing Project (Phase 2), Specification No. 08-04. In summary, the purpose of this resolution is to approve the final amount of the project at $5,659,417.31, accept the work performed, and authorize the filing of a Notice of Completion. RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY KOCH-ARMSTRONG GENERAL ENGINEERING, INC. FOR THE TOTAL FINAL AMOUNT OF $6,265,090.46, AUTHORIZING THE MAYOR TO SIGN THE FINAL BALANCE CHANGE ORDER, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 08-09. BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Koch -Armstrong General Engineering, Inc., for the total final amount of $6,265,090.46, for the National City Street Resurfacing Project, FY 08-09, has been completed, the City Council of National City hereby accepts said work, authorizes the Mayor to sign the final balance change order, authorizes the filing of a Notice of Completion, and orders that payment for said work by made in accordance with said contract. PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FINAL CONTRACT BALANCE CHANGE ORDER DATE: September 15. 2009 PROJECT: National City Street Resurfacing Project, FY 08-09 (Phase 2), Specification No. 08-04 TO: Koch -Armstrong General Engineering, Inc Mr. Chris Armstrong / Mr. Monty Koch P.O. Box 1190 Lakeside, CA 92040 ORIGINAL CONTRACT AMOUNT: STAKE DATE: COMPLETION DATE: ORIGINAL CONTRACT' LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION OF CHANGE: S5,327,000.00 June 30, 2008 August 10, 2009 (includes downtime due to multiple change orders, cleanup, and inspection) 90 calendar days 0 calendar days 90 calendar days ['his change order is written to balance and finalize the amounts for said project. Original Contract Adjusted Qty Contract No. 1 Item Unit 1— Bid Qty Unit Price Amount Unit Price Amount Mobilization LS 1 $33,506.31 $ 33,506.31 1.37 $33.506.31 S45,748.06 2 Traffic Control LS SI I 85,704 S 146,3(10.00 S 146, 300.00 1.35 S 146,300.00 S197,955.65 3 Cold Milling, S0.47 $40,280.88 71,576.00 $0.47 S33,640.72 4 '„" le)cling course SF 1,559,631 S0.59 S920,182 29 1,502,595.00 $0.59 $6.18 S886,531.05 S2,186,056.41 5 Asphalt Rubber .Atigregale Membrane $Y (ARAM) 378.002 S6.18 S2.336,052.36 353,730.81 8 Asphalt Rubber riot SF Mix Cap Graded (ARUM) 3 12,381 $1.04 S324,876.24 249,980.00 $1.04 S259,979.20 7 Type I[ Slurrs • SY 294,266 $1.72 S506.137.52 384,392.58 $1.72 S661,155.24 8 R&R asphalt over 8" SF Class 11 Base 85,335 $5.75 S490,676.25 120,620.38 55.75 52.60 5693,567.16 S45,234.80 9 10 R&R 3" Asphalt OM. SF -'_507 S2.60 $71,518 20 17,398.00 Crack filling I 1 S95,600.00 $95.600.00 1_39 S95.600.00 $132,821.27 11 R&RG7 Sidewalk R&R41;1 CurhOnls SF 9.955 S7.60 S75,6)8.00 34,646.00 $7.60 S263,309.60 12 LF 246 $42.50 $10,455.00 473.00 S42.50 S20,102.50 13 14 R&R 62 Curb and Gutter R&Rdricewa) GI4 Li 51 793 1.155 S45.00 511.55 535,775.00 $13,340.25 1,892.00 4,827.00 $45.00 511.55 585,140.00 S55,751.85 15 R&R allc‘ apron G 17 SF 396 $12.50 $4.950.00 2,227.00 S 1250 S27,837.50 R&R Cross gutter G 12 SF L623 $17.90 $29.05I 70 2,691.50 $17 90 S48,177.85 R&R curb and gutter IT 0 - - - 18 Ped Ramps G27-G31 EA 14 $2.065.00 $28,910.00 25.00 52,065.00 S51,625.00 Page 1 FINAL CONTRACT BALANCE CHANGE ORDER • 19 Adj. Swr N1H to Grade per SDRSD EA 155 S245.00 $37.975.00 133.00 S245.00 S32.585.00 20 Adj. Swr CO to Grade per SDRSD FA 11 S365.00 $4,015.00 7.00 $365.00 S2,555.00 21_ Adj. Survey Mon. to Grade per SDRSD EA 16 $300.00 $4,800.00 17.00 S300.00 S5,100.00 22 Replace Traffic Loops EA 38 S370.00 $14,060.00 102.00 $ 370.00 $37,740.00 23 Restriping of Street including thermoplastic street markings, curb markings, and street traffic markers LS 1 $63,300.00 S63,300.00 2.118 $63,300.00 S131,427.24 24 ARHM-GG WARRANTY Line Item Removed 25 Signs (12 of NC 30"x30") EA 12 S435.00 $5,220.00 12.00 I P 00 $435.00 $5,220.00 26 Signs (12 of Cl WMB 18"x241") EA 12 S380.00 $4,560.00 $ 380.00 $4,560.00 27 Asphalt Concrete TON 230 $122.00 $28,060.00 151.23 $122.00 S18,450.06 28 6" Asphalt Dike LE 145 S12.00 $1,740.00 33.50 $12.00 $402.00 SUBTOTAL (Before and after line item increases) S5,327,000 r5,932,673.15 CO1 ADD fencing Kimball Park Skate Park LS 1 $4,991.00 S4,991.0 CO2 AF)D skate surface Kimball Park Skate ParkI LS 1 6.51 Z00 $16,5 17. CO3 Add line items and unit pricing for removal & dig outs of AC & full street sections NO COST CHANGE ORDER 52 67.50 C04 R&R 1-1-Curb at 1V 18i1' St and McKinley Ave. LS I $7_,._6750 Cos ADD 7 4`x4' information signs LS I $12,040.00 $12.040.00 C06 increase uorninal strength of concrete to 4000 psi NO COST CHANGE ORDER $4,6I5.00 C07 ADD application of herbicide LS I $4,615.00 C08 ADD Supervisor services from American Ramp for Kimball Park Skate Park fixtures LS LS I $10.180.00 $10. 80.00 CO9 ADD misc. tools, crew truck & labor for Kimhall Park Skate Park installation 1 S I 1.782.43 $I 1.782.43 CO10 ADD labor for installation of equip_ for park furnishings at Kimball Park 1.S 1 $20,135.00 $20,I35_ Page 2 FINAL CONTRACT BALANCE CHANGE ORDER CO11 ADD F Ace_ striping I.S - 1 $1,063.75 S 1.067).75 C012 ADD Tree Trimming Services LS I $3,849.00 S3.849.00 C013 ADD I ree Trimming Services LS 1 $3,849.00 S3,849.00 C014 ADD traffic stencils per new traffic standards LS $4,970.00 S4,970.00 C015 C016 Valley Road Sidekyall< Improvements R&R I \1H Coaer ;\ stem al E 27" & A Ave LS LS 1 S 1 $184.065.75 S184.065.75 1 $4,896.00 $4,896.00 C017 R&R 1 MH Cover vsicrn at F 27'1' & 1) ANC 1 $4,896.00 S4,896.00 C018 ADD labor for removal and installation of park Furn at Kimball Park LS 1 $1,753.37 51,753.37 C019 CO20 ADD Yield Pvmt markings at W 1 1 'r' St & Coolidge Ave 1.S 1 $1,016 00 S 1,016.00 ADD Late\ additiv e for NCB slum hnvn I S'�' & i3 d St LS $2,77922 $7,779.22 CO21 ADD Ruhbcr Tire Roller (R FR)for NCB Slurrm l S 1 $3,240.29 $3,24029 CO22 Install Bicycle Lanes on Hoover and Coolidge Aves btGcn Civic Ctr Dr & Ak 18th St LS 1 $4,955.00 S4.955.00 1 CO23 ADD Herbicide•'Stum t p Removal LS 5721.00 $721.00 CO24 S %eehvater Road side‘Nalk and ret \Nall 1.S I $17,835.00 $27,835.00 Change Order subtotal 5332,417.31 GRAND TOTA1. S6,265,090.46 Page 3 FINAL CONTRACT BALANCE CHANGE ORDER DISCUSSION: Added line items: Changes Order Numbers One through Twenty -Four were added for an aggregate total of $332,41731. During the course of construction, field conditions were discovered, time -sensitive work, or Ctiy-initiated change orders were approved and added to the project with the following 24 change orders: I) Addition of fencing for the Kimball Park Skate Park, 2) Addition of skate surface for the Kimball Park Skate Park, 3) Addition of line items and unit pricing for removal and replacement (dig outs) of AC and full street sections (No Cost), 4) Remove and replace "H" curb at W 18`h St and McKinley Ave, 5) Addition of 7 4'x4' information signs, 6) Change strength of concrete to 4000 psi (No Cost), 7) Addition of application of herbicide, 8) Addition of supervisor services from American Ramp for Kimball Park Skate Park fixtures, 9) Addition of tools, crew truck, and labor for Kimball Park Skate Park installation, 10) Addition of labor for installation of equipment for park furnishings at Kimball Park, 11) Addition of F Ave striping, 12) Addition of tree trimming services, 13) Addition of tree trimming services, 14) Addition of traffic stencils per new traffic standards, 15) valley Road Sidewalk Improvements, 16) Remove and replace I manhole cover system at E 27th St and A Ave, 17) Remove and replace 1 manhole cover system and E 27th St and D Ave, 18) Addition of labor services for removal and installation of park furnishings at Kimball Park, 19) Addition of yield pavement markings at W 11 t1 St and Coolidge Ave, 20) Addition of latex additive for National City Blvd Slurry Seal between 18th St and 33'd St._ 21) Addition of Rubber Tire Roller equipment for National City Blvd Slurry Seal between 18`h St and 33rd St., 22) Addition of bicycle lanes on Hoover Ave and Coolidge Ave between Civic Center Dr and W 18th St., 23) Add additional herbicide and stump removal at National City Blvd, and 24) Addition of missing sidewalk and retaining wall at Sweetwater Road east of Prospect Ave. Page 4 FINAL CONTRACT BALANCE CHANCE ORDER Therefore, the construction bid price of $5,327,000.00 was increased by $332,417.31 to $5,659,417.31. Furthermore, line item increases/deductions as shown in the final balance change order totaling $605,67 3.15 were added to the scope of work per the contract and specifications. This included the E 4"' St and M Ave drainage improvements work performed in June of 2009 due to citizens' concerns and deteriorated conditions discovered while work was in progress and additional street sections. Therefore, the construction cost of $5,659,417.31 was increased to a final construction cost of $6,265,090.46. CONTRACT ADJUSTMENT: As a result of this change order, the contract price is adjusted as follows: The final contract price to date is adjusted to S6,265,090.46. As a result of the satisfactory completion of said project, a retention and final balance of $163,691.49 is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion_ This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Koch -Armstrong General Engineering, Inc_ will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 5 FINAL. CONTRACT BALANCE CHANCE ORDER RECOMMENDED FOR APPROVAL BY: e -Associates anager (Consultant) —�C7 DATE D97.0q/o 9 Kenneth Fernandez FJ DATE CIVIL ENGINEERING TECHNICIAN NATIONAL CITY PROJECT COORDINATOR REVIEWED BY: aneshfar, RE. PRINCIPAL. CIVIL ENGINEER 09/0//0/ DAIE Maryam Babaki, P.E. DATE CITY ENGINEER ACCEPTED BY: Koclmstrong General Engineering, Inc. DATE CONTRACTOR APPROVED BY: Ron Morrison MAYOR City of National City Resolution Number: DATE Page 6 RECORDING REQUESTED BY WI IEN RECORDED MAIL TO CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on September 15, 2009, of: National City Street Resurfacing Project, FY 08-09 (Phase 2), Specification No. 08-04 Work of improvement or portion of work of improvement under construction or alteration. Various street sections throughout National City, CA Street address City State 91950 Zip Code The undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Koch -Armstrong General Engineering, Inc. Name of Original Contractor The following work and material were supplied: Laborer Groups, Bob Cat, Trucks, Temporary Pumps, Cement Masons, Operators,_Paving_ Equipment, Traffic Control Equipment, Sweeper, Loaders, etc. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: September 1.5, 2009. Ron Morrison, Mayor City of National City, 1243 National City Blvd., National City, CA 91950-4301 I, the undersigned, say: I have read the foregoing Notice of Completion, and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on September 15, 2009, at National City, California. Signature: RON MORRISON, MAYOR NIH'. OK-O4 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September 15, 2009 AGENDA ITEM NO. 14 ITEM TITLE Resolution of the City Council of National City awarding a contract to Koch Armstrong in the amount not -to -exceed $1,916,282.35 and authorizing the Mayor to execute the agreement improvements for the Marina Gateway Streetscape Project, Spec. No.08-16 and authorize of Sewer Funds. (Funded by Tax Increment Fund and Sewer Fund) PREPARED BY Barby Tipton DEPARTMENT Development Services/ Engineering Division EXPLANATION See attached for construction the appropriation EXT. 4583 Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds are available in expenditure account 511-409-500-598-3842 (Marina Gateway Improvements). Transfer $608,787 from the Sewer undesignfuns. balance, account 125-2501 to expenditure account 125-409-500-598-3842 (Sewer Fund) STAFF RECOMMEN ' ATION Adopt the Resolutio BOARD / COMMISSION RECOMMENDATION N/A Account No. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Opening Information Sheet 3. Bid Proposal Spreadsheet for the 3 lowest bidders 08-13 A-200 (Rev. 7/03) EXPLANATION: The project consists of constructing upgrades for street improvements and streetscape to Harrison Avenue, between Bay Marina Drive and Cleveland Avenue, to 23rd Street, between Harrison Avenue and McKinley Avenue, to Cleveland Avenue, between Bay Marina Drive and 23rd Street, and to the Historic Depot area. The project duration is 120 workings days after the Notice to Proceed is issued. The total Engineer's Cost Estimate was $2,539.000 for this project. On August 26, 2009, eleven (11) bids for the Marina Gateway Streetscape Project were opened. (Please see attached Bidders' Proposal Sheet for details of the three lowest bidders.) The apparent lowest bidder, Koch -Armstrong General Engineering, Inc came in at $1,916,282.35. The contingency of 25% for line item changes is added at a cost of $479,070.59. Tax increment fund will be charged - $1,429,252.35 plus if needed, 25% contingency in the amount of $357,313.08 for a total of $1,786,565,43. On August 18, 2009, Council approved the Construction Management agreement for this project. Minimal material testing services will be charged to the contingency amount listed above. The Sewer Fund will be charged $487,030 plus 25% contingency of $121,757 for a total of $608,787. The Sewer Fund contingency will include line item increases, materials testing, construction inspections, construction management and design related to the removal and replacement of the sewer main. Staff recommends that Council authorize the transfer of funds, award the contract, and authorize the Mayor to execute the agreement. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC. IN THE AMOUNT OF $1,916,282.35 FOR THE CONSTRUCTION IMPROVEMENTS FOR THE MARINA GATEWAY STREETSCAPE PROJECT, SPEC. NO. 08-16, AND AUTHORIZATION FOR THE APPROPRIATION OF SEWER FUNDS WHEREAS, the Engineering Department of the City of National City did, in open session on August 26, 2009, publicly open, examine and declare all sealed bids for Spec. No. 08-16 for the construction improvements for the Marina Gateway Streetscape Project, FY 09-10. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Street Resurfacing Project, FY 09-10 to: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between Koch -Armstrong General Engineering, Inc. and the City of National City in the amount of $1,916,282.35 for the construction improvements for the Marina Gateway Streetscape Project, FY 09-10. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes the following appropriation and transfer of funds: From: Account No. 125-2501 Sewer Undesignated Fund Balance To: Account No. 125-409-500-598-3842 Sewer Fund Expenditure Account Amount: $608,787 Purpose: Marina Gateway Streetscape Project PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Da1Ia, City Clerk - George-H. Eiser, 111 City Attorney CALIFORNIA NATIONAL Car y e a "U INCORPORATED �J BID OPENING SPECIFICATION NUMBER: 08-16 PROJECT TITLE: MARINA GATEWAY STREETSCAPE, FY 09-10 DATE: AUGUST 26, 2009 TIME: 3:00 P.M. ESTIMATE: $2,539,000.00 PROJECT ENGINEER: BARBY TIPTON NO. BIDDER'S NAME (PAGE 15-16) BID AMOUNT (PAGE 17 ) ADDENDA (PAGE 15) BID SECURITY (PAGE 24-CHECK (PAGE 25 -BOND) 1. Koch -Armstrong Engineering 15315 Olde Hwy. 80 El Cajon, CA 92021 $1,915,982.35 1,2,3 YES 2. 3-D Enterprise, Inc 2180 Garnet Avenue, #2C San Diego, CA 92102 $1,961,606.00 1,2,3 YES 3. LB Civil Construction 10650 Treena Street, Suite 212 San Diego, CA 92131 $1,992,421.00 1,2,3 YES 4. HefflerCompany, Inc. 1800 McKinley Avenue, Ste. A National City, Ca 91950 $2,037,658.52 1,2,3 YES 5. HTA Engineering, Inc. 12520 Kirkham Court Poway, Ca 92064-6865 $2,042,495.60 1,2,3 YES 6. Tri-Group Construction 13939 Poway Road, #10 Poway, CA 92064 $2,100,610.00 1,2,3 YES 7. HarConstruction 1480 Frontage Road Chula Vista, CA 91911 $2,101,560,20 1,2,3 YES 8. Palm Engineering 3770 Hancock Street, Suite H San Diego, CA 92110 $2,185,282,35 1,2,3 YES 9. Scheidel Contracting and Engineering Inc. P.O. Box 1796 La Mesa, CA 91944 S2,465,485.48 1,2,3 YES 10. Zondiros Corp. 1472 Golden Sunset Drive San Marcos, CA 92078 $2,853,148.00 1,2,3 YES Marina Gateway Streetscape- Spec # 08-16 Koch- Armstrong LB Civil Construction 3ll Enterprises NO. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 29 Metal Beam Guard Rail 70 LF 69 4,830.00 40 2.800.00 40 2,800.00 30 Street Lights (Includes Conduit, Wiring. Meter, Service Point, Pull Boxes, Steel Casings & Trench Restoration, if appropriate) 27 EA 5600 151,200.00 5700 153,900.00 6000 162,000.00 31 Street Name Sign, per SDM-102 7 EA 320 2,240.00 325 2,275.00 300 2,100.00 32 8" CL 235 PVC Water Main 674 I,F 63 42,462.00 32 21,568.00 65 43,810.00 33 8" CL 200 PVC Fire Service w/ Valve (1- 27', 2-49') 3 EA 4080 12,240.00 4500 13,500.00 6000 18,000.00 34 6" Fire Service w/ Valve (32') 1 EA 2700 2,700.00 4200 4,200.00 6000 6,000.00 35 2" Copper Water (Laterals) 5 EA 3200 16,000.00 3000 15.000.00 1500 7,500.00 36 1" Copper Service Water 2 EA 2400 4,800.00 2700 5,400.00 1200 2,400.00 37 6" PVC Sewer (Laterals) 130 LF 47 6.1 10.00 55 7,150.00 100 13,000.00 38 3i4" Gas Pipe 14 LF 116 1,624.00 175 2,450.00 100 1.400.00 39 1" Gas Pipe 65 Li; 50 3,250.00 115 7,475.00 100 6,500.00 40 18" Steel Casing 41 LF 106 4.346.00 170 6,970.00 200 8,200.00 41 8" Steel Casing 100 LF 32 3.200.00 130 13,000.00 150 15,000.00 42 8" Valves 6 EA 2100 12,600.00 1500 9.000.00 3000 18,000.00 43 Fire Hydrant Assembly 1 EA 6000 6.000.00 9000 9.000.00 5000 5.000.00 44 Relocate Fire Ilydrant Assembly' 1 EA 5000 5.000.00 8000 8,000.00 4000 4.000.00 45 Remove & Relocate Street Sign 11 EA 160 1.760.00 175 1,925.00 200 2.200.00 46 Remove & Relocate Depot Parking Sign 1 EA 200 200.00 225 225.00 250 250.00 47 Traffic Sign 8 EA 200 1,600,002,000.00 300 2.400.00 4X Remove & Salvage .Street Signs 14 EA 30 420.00 30 420.00 30 420.00 49 Street Stripin<< (0-4000) 2057 2,05 7.00 1 2.057.00 50 Pavement Markers 76 [A 7 532.00 3.25 247.00 228.00 51 Thermoplastic with Glass Beads 260 SF 4 1.040.00 3 780.00 3 780.00 52 31ue Pay ement "vlarkcr 2 EA 100 200.00 11 22.00 50 100.00 53 Depot Feature l:p-1.ighting & All Appurtenances III U.'.UdI11L Wiring to Existing Panel 1 LS 15800 15.800.00 I6000 16.000.00 36600 30.000.00 54 Vehicular Sliding (iatc & All Appurtenances lncludi 'iring to Existimg Panel 1_.S )0 21,000.00 30000 30.000.00 25000 78.000.00 Marie. .,ateway Strcetscape- Spec # 08-16 Koch - Armstrong LB Civil Construction JL Znterprises NO. ITEM QTY LNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 55 Concrete Mowcurb (SDRSD # 1,-4) 300 LF 15 4,500.00 15 4,500.00 10 3,000.00 56 Stone Pilasters 3 EA 2500 7,500.00 5500 16,500.00 4000 12,000.00 57 Mailbox w/ Post 1 EA 800 800.00 600 600.00 300 300.00 58 Steel Fencing 320 LF 66 21,120.00 70 22.400.00 70 22,400.00 59 Single Swing Access Gate 1 EA 2000 2,000.00 2500 2,500.00 2400 2,400.00 60 Double Swing Access Gate 3 EA 4000 12,000.00 4200 12,600.00 3000 9,000.00 61 Boardwalk 3922 SF 24 94,128.00 23 90,206.00 19 74,518.00 62 Boardwalk Cross Over 1 LS 5500 5,500.00 3500 3,500.00 2000 2,000.00 63 DG Paving at Tree Pits 2700 SF 1.5 4,050.00 2 5,400.00 3 8,100.00 64 DG Paying at Depot Display Yard 21880 SF 3.4 74,392.00 2.25 49,2 30.00 4 87,520.00 65 Cast Iron Tree Grates 9 EA 5000 45,000.00 5000 45,000.00 2000 18,000.00 66 Tree Uplighting (Including Conduit, Wiring & Pull Boxes) 97 EA 513 49,761.00 520 50,440.00 800 77,600.00 67 Barrier Protection Pcr SDG&E Std 3481.1 1 LS 5240 5.240.00 4500 4,500.00 2000 2.000.00 68 Water Quality Planter Box (Cleveland Avenue) 1 LS 2000 2,000.00 4000 4,000.00 4000 4,000.00 69 Gravel Water Quality Feature 1 LS 3000 3,000.00 5500 5,500.00 4000 4..000.00 70 Misc. Litility Removal & Abandonment 1 LS 6000 6,000.00 7000 7,000.00 5000 5,000.00 71 Adjust Existing Underground Dry Utility Facilities to New Finished Grade 1 LS 30 30.00 2500 2,500.00 10000 10,000.00 72 Landscape & Irrigation 1 LS 312000 312,000.00 275000 275,000.00 260000 260,000.00 73 Temporary Traffic Control 1 LS 17000 17.000.00 8000 8,000.00 20000 20.000.00 74 Conduit & Wiring for Existing Pylon Depot Light (Including Wiring to Existing Panel) 1 LS 2000 2.000.00 4000 4,000.00 10000 10,000.00 75 Install Bench Mark per SDRSD M-1 1 2 EA 1000 2.000.00 1100 2,200.00 1500 3,000.00 76 Remove Existing 10- VCP Sewer Main and Replace with 12". SDR-35 PVC 1225 LF 60 73,500.00 50 61,250.00 100 122,500.00 77 Remove Existing 10" V('P Sewer Main and Replace with 10", SDR-35 PVC 100 LF 63 6.300.00 65 6.500.00 100 10,000.00 78 Remove & Replace Existing \1II 4898 1 EA 5000 5,000.00 9500 9.500.00 7000 7,000.00 79 Remove & Replace Existing MI 1 #897 1 EA 5000 5,000.00 6500 6.500.00 7000 7,000.00, 80 Remove & Replace Existing MI 14896 1 EA 5000 5.000.00 6500 6,500.00 7000 7,000.0 ) Marina Gateway Streetscape- Spec # 08-16 NO. ITEM QTY UNIT 81 Remove & Replace Existing MH #895 1 EA 82 Remove & Replace Existing MH #927 1 EA UNIT PRICE 5000 5000 83 Cut in 12"x 12"x 8" Tee Connection on Bay Marina Drive EA 84 12" Butterfly Valve 2 EA 85 Wet Tap at State 13+63.60 23r`' Street 1 EA 86 6" Steel Casing 35 LF 5000 3925 1000 32.5 BASE BID Koch - Armstrong AMOUNT 5,000.00 5.000.00 5,000.00 7.850.00 1,000.00 1,137.50 . $. 1,916,2.82 3° Bid Alternative 41: Lithocrete: As shown on Sheets 10102-D, 10103-D and 10104-D of the Marina Gateway Streetscape, replace 6,890 square feet of intersection pavement (Item No. 23) with 6,890 square feet of Lithocrete (pattern and color per landscape plans). City's representative to select design alternative based on cost and aesthetic considerations. UNIT PRICE 6500 6500 7500 2500 4000 135 LB Civil Construction AMOUNT 6,500.00 6.500.00 7,500.00 5,000.00 4,000.00 4,725.00 $ 1 992,421.00 UNIT PRICE 7000 7000 5000 6000 2993 200 all Enterprises AMOUNT 7,000.00 7.000.00 5.000.00 12,000.00 2.993.00 7,000.00 $ 1,961,626..00 23A Lithocrete 6890 SF 38 261,820.00 25 172,250.00 30 206,700.00 BID ALTERNATIVE #1 TOTAL $ 261,820.00 TOTAL $ 172,250.00 TOTAL S 206,700.00 Bid Alternative 42: Colored Concrete: As shown on Sheets 10102-D, 10103-D and 10104-D of the Marina Gateway Streetscape, replace 6,890 square feet of intersection pavement (Item No. 23) with 6,890 square feet of colored concrete (pattern and color per landscape plans). City's representative to select design alternative based on cost and aesthetic considerations. 23B Colored Concrete 6890 SF 8 55.120.00 8.5 58.565.00 10 68.900.00 BID ALTERNATIVE #2 TOTAL $ 55,120.00 TOTAL $ 58,565.00 TOTAL $ 68,900.00 Bid Alternative 43: If salvaged railroad ties are damaged during removal and are determined by the City's representative to be unusable for installation, Contractor is responsible to purchase new railroad ties (assume 50% of railroad ties are damaged). City's representative to select design alternative based on cost. 7A Additional Disposal of Railroad Ties 1 LS 52000 52,000.00 1300 1,300.00 400 400.00 7B Purchase of New Railroad Ties 26 LF 77 2,002.00 5 130.00 400 2,000.00 Mari.... ..ateway Streetscape- Spec # 08-16 Koch- Armstrong LB Civil Construction -3li Enterprises NO. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BID ALTERNATIVE #3 TOTAL $ 54,002,00 TOTAL $ 1,430.00 TOTAL $ 2,400.00 Bid Alternative 44: The turf cell pavers (Item 25) is replaced with porous concrete and railroad tic installation is replaced with additional striping, and the additional disposal of railroad ties. City's representative to select design alternative based on cost. 25A Porous Concrete 8814 SF 18 158,652.00 14 123,396.00 16 141,024.00 7C Additional Disposal of Railroad Ties 1 LS 52000 52,000.00 1300 1,300.00 10000 10,000.00 48A Additional Striping 1 LS 1000 1,000.00 230 230.00 2000 2,000.00 BID ALTERNATIVE #4 TOTAL $ 211,652.00 TOTAL $ 124,926.00 TOTAL S 153,024.00 Bid Alternative #5: Remove 150 lineal feet of existing 6" force main and replace with 10", C-900 PVC force sewer main from Manhole No. 898 south for 150 lineal feet to existing force main angle point City's representative to select alternative based on cost. 80A 10", C-900 PVC (Cost of installation of the pressure sewer main shall include connection to the existing line with concrete collar per SDRSD D-62.) 150 LF 105 15,750.00 65 9,750.00 150 22,500.00 BID ALTERNATIVE #5 TOTAL 15,750.00 TOTAL 9,750.00 TOTAL 22,500.00 City of National City, California COUNCIL AGENDA STATEMENT 15 METING DATE September 15, 2009 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — St. Mary's Fall Festival & Fund Raiser hosted by St. Mary's Church on October 4, 2009 at the Parish Grounds located on 8th street & E Avenue. from 7 a.m. to 6:30 p.m. with no waiver of fees PREPARED BY Vianey Rolon, 336-43964 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from St. Mary's Church to conduct the 2009 St. Mary's Fall Festival & Fund Raiser event at their Parish Grounds on 8th & E. Ave. on October 4, 2009. This event features approximately 20 vendor booths, including food booths, Knight's of Columbus, and religious booths. In addition to a request for N.C.S.V. and Reserves, internal security will be provided by St. Mary's Church. Environmental Review X NIA Financial Statement The City has incurred $237.00 for processing the TUP through various City departments, plus $100.00 for the Fire permits. Total fees are $337.00. •1 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A 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 NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St. Mary's Church EVENT: St. Mary's Fall Festival & Fund Raiser DATE OF EVENT: October 4, 2009 TIME OF EVENT: 7 a.m. to 6:30 p.m. APPROVALS: PLANNING/BUILDING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval with no involvement by Public Works. Please Note: The applicant is not requesting use of the City stage or PA system. Therefore, the PA system and/or the stage will not be provided. Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the church to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Hydrants shall not be blocked or obstructed. 3) Fire Department access into and through the festival areas are to he 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 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" tire extinguisher will be required. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. All fire extinguishers to have a current State Fire Marshal Tat attached. Please see attached example. 8) Fire extinguishers to be mounted in a visible location between 3'/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. Please see attached example. If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 11) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($100.00) dollars. Fee is to be paid to the Fire Department Administration offices under separate permit. Fee is to be paid directly to the National City Fire Department Administration offices prior to event. 12) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. a 13) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to he 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. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. If canopies maintain a ten feet separation distance .from one another, no charge will be assessed. Canopies: Tents: 0-400sf- $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 14) First Aid will be provided by organization Note: Fees can only be waived by City Council. Fair ✓Festival Demonstration Circus Grand Opening - Other n Title- t —oV C V's2 V%C. L to ocation: par LUCW €Ck c .-t 02(22 Date(s): From (0, C.iuft, Total Anticipated Attendance: Month/Dey/Year al Event Hours-,_ l fl am/pm to arn/e0 Setup/assembly/construction Date:1 b ;1, n I Start time: (o (AVIA Please describe the scope of your setup/assembly work (specific details)0Qj" rip cx 5, Qw.b(e_. c tiks • .,okh. 11 ac is Ct.,�tc Dismantle Date: MOlyi O Smpletion Time: X.. 4iam/pm t any street(s) requiring closure as a result of this event. Include street name(s), day and << of closing and day and time of reopening. r `�'�'� er u f Sponsoring Organization: )f Event: Hic Concert :de 'ton Picture Community Event Block Party IS 19 Participant) Spectators) h'ltom(` S I�6llCS:1e iLrr rProfit AA, Chief Officer of Organization (Name)�Q ) Q , jk.S ,A4 C.i L'( LJ'01 Not -for -Profit Applicant (Name): Address: Lt-� Daytime Phone: IRA 1� 17OlEvening Phone: 1e. tct U1S . 4 I4Fax: Contact Person "on site" day of the event: Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 5 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES YES NO NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Estimated Expenses for 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. '���•t? W ��� to ." .00a, t')foA-tAs V)Wk.--ekle..fhcx a -k 4 Kt e S i, COtOAtASS Yotil,d- 0A i Q0 l r GL to r c - AoRki ..Fit el © 3tc('aim S s . Tocurlal eJe t YES 1A0 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: NO Does the event involve the sale or use of alcoholic beverages? NO Will items or services be sold at the event? If yes, please describe: i"L CL�CjC> YFS V NO YES 4N0 V YES NO YES lO orkti 0A-Ik`; tx.rt:130Acke-CCA t/.` CV,AC4 ZkAYZAr. ra,tA•NQAA. 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. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YE Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or can pies_ Will the event involve e use o 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: Ch i Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: t i% (+&V)3 l\, u--j 00_ 1- 0'Mc \\ x.,Q__VJ i \kV\uvGA If yo intend to rok food in the vent area please specify the method- • GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (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) Tables and Chairs Fencing, barriers and/or barricades ▪ Generator locations and/or source of electricity • 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 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: 5t1risItti )A1 ctr.P `s ��� Ali } , tglarbc Cr- �QS� Ni TSft�(t�g d�ti-�� pa is rOt Please describe your procedures for both Crowd Control and Internal Security: MC. S. V P- _rkAika azOa 40„1441xp s romp_ co-uLdLE., 6.),vk . 4,t.&.-rz{tivcd- -4[L. kr-k YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES J NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. 66- 1.1.i( t'i SO r {ca k pes?_J,.0 c�► 1I b 0 (A ( %� Please describe your Acces ibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: i►u XCIVV\Q,C v.s c b1 { Vc ktl ,0 ktk.,re_ck (��5 c % (k_ h -LUDL -utA- Revised 08/10/05 Describe your plans to notify all residents, businesses and churches impacted by the NO ` Neighborhood residents must be notified 72 hours in advance when events are sc :led in the City parks. 'YES NO 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: Number of Bands:: CC)11._...4),_kACQ,Type of Music: A 6.ikr25 YES k NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES ;J NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: l \ L'\(Y\, am/pm Finish Time ' 7)1,0 0am/t, Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: 'YES NO Any signs, banners, decorations, special lighting? if YES, please describe: 'vtk V i) dS✓oa r).^ tQ0 uU t11-1. Pro c,1-1 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 16 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT is requesting use of City property, facilities or personnel are required to a minimum of $1,000,000 combined single limit insurance for bodily and property damage which includes the City, its officials, agents and 'aes named as additional insured and to sign the Hold Harmless rent. Certificate of insurance must be attached to this permit. tization cxxkA fek- kc, , 1,n in Charge of ActivityJO(&-{- A { c e yU e_r >phone ttvci. 1 � Date(s) of Use - HOLD HARMLESS AGREEMENT condition of the issuance of a temporary use permit to conduct its activities •.i btic or private property, the undersigned hereby agree(s) to defend, nify and hold harmless the City of National City and the Parking Authority its officers, employees and agents from and against any and all claims, d. mands, costs, losses, liability or, for any personal injury, death or property tiar;fage, or both, or any litigation and other liability, including attorneys fees and .he costs of litigation, arising out of or related to the use of public property or the Ictivity taken under the permit by the permittee or its agents, employees or contractors. Sign e of Applicant OfficiaiUe Date Y-O 6 09 ^r Office Use Only Certificate of Insurance Approved Date tI REQUEST FOR WAIVEROF F Non-profit organizations, which meet the criteria on pa be considered for a waiver. If you would like to requ processing fees, please complete the questionnaire v of the instructions, will t a waiver of the elow. 1. Is the event for which the TUP is soug sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form a d submit it with the TUP Application) 2. Please state the name and ty a of organization sponsoring the event for which the TUP is sought : nd then proceed to Question 3. Name of the sponsoring o ganization Type of Organization (Service Club, Church, Social Se ice Agency, etc.) 3. Will the event genere net income or proceeds t the sponsoring organization? Yes (Please • oceed to Question 4) No (Please . ign the form and submit it with the TUP Applic .tion) 4. Will the proce who resides i need due to s provide a direct financial benefit to an individual or is employed in the city, and who is in dire financial alth reasons or a death in the family? Yes (Pl ase provide an explanation and details. No ( lease proceed to Question 5) ca 5. Will the proceeds provide a direct financial benefit to city government 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, social 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) Signature Date t5 co /IP LEG( Y WET FIEPRA $DtrrN- r • (ZE(,1G10�1,5 gcarp -8iKbL —soy . D41& 1 • CiNtaerki W85T WALL eNTozr:4 y4 xcr LO&- a,Y .10 X,20. OWNING- Atca CLUB Grin, STDRE. EAST wALL T I tl) k i 4 at f e- cSTi= r r' n ...LATE. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 15, 2009 AGENDA ITEM NO. 16 iITEM TITLE TEMPORARY USE PERMIT — National City "Got" Talent 2nd Annual Amateur Competitio which will take place in the National City Public Library at 1401 National City Boulevard on October 17, 2009 from 10 a.m. to 2 p.m. with Request of Waiver of Fees by the applicant . PREPARED BY Vianey Rolon 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from National City Public Library to conduct National City's Got Talent Amateur Competition event at 1401 National City Boulevard on October 17, 2009. This event is scheduled from 10 a.m. to 2 p.m. This event will feature a talent show, food booths, and information booths. The event will include six 10'x10' canopies and the possibility of a 30'x50' canopy to provide shade for the audience. A propane grill will be used for food preparation. The organizers will utilize the City's stage, sounds system and podium for the talent show. Various type of music will be played. -9 616' q,Y Environmental Review X N/A Financial Statement Approved By: The City has incurred $237.00.00 for processing the TUP through various City departments, plus $200.00 for the Fire permits, and $1384.50 for Public Works. Total fees arc $1821.50 Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with a Request of Waiver of Fees by the National City Public Library. BOARD / COMMISSION RECOMMENDATION 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 NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Public Library EVENT: National City Got Talent Amateur Competition DATE OF EVENT: October 17, 2009 TIME OF EVENT: 10 a.m. to 2 p.m. APPROVALS: PLANNING/BUILDING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x } NO [ ] SEE CONDITIONS [ ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 Approved by Finance (Business License). Specific Conditions of Approval: If there are outside vendors (I don't believe that there are) they should be licensed RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held entirely on City property at the library. The applicant sponsoring organization is the City's Library Department so no separate insurance is required. While the event itself poses no unusual risk to the public or City assets, there is always the risk of bruised egos and sore losers. Otherwise, I have no objections to the application. Let me know if you have any questions. 4- FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to 15`h Street to be maintained at all times. 2) Fire Department access into and through the parking lot 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) If chairs are used, they must be placed in a position as to not obstruct roadway access. Roadway must remain clear to allow for emergency traffic (20 Feet). 4) Fire Hydrants and fire department connections shall not be blocked or obstructed at any time. 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) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 8) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies 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. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 - 200 sf - $200.00 201 — (+) sf - $400.00 rovide map of lay -out. If you have any questions please feel free to contact me. 2 PUBLIC WORKS (619) 336-4580 Public Works recommends approval of the TUP and submits the following costs: Street Division: No involvement Parks Division: 1. The cost to provide 2 Park Maintenance personnel is estimated to be $921.50 for overtime for stage set up and break down and 9 hrs to work the event a. $368.60 for set up of stage b. $368.60 for break down of stage c. $184.30 for clean up after the event. 2. The city stage and PA system will be provided by the Parks Division. Facilities Division: 1. The cost of labor for the electrician is 6 hrs overtime @ $33.32/hr for a total of $199.92 2. The cost for tables and chairs is a. 10 tables @ $1 ea or $10 b. 100 chairs @ $.75 ea or $75 3. Labor for 2 custodians x 4 hrs each overtime @ $22.26/hr for a total of $178.08 Unless waived by City Council, the applicant shall pay: $921.50 to Parks Acct #105-442-000-102-0000 $378.00 to Facilities Acct #626-422-223-102-0000 $85.00 for table and chairs rental to Facilities Maintenance Miscellaneous Revenue Acct #R626-00000-3634