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HomeMy WebLinkAbout2011 01-11 CC CDC AGENDA PKTAgenda Of The Adjourned Regular Meeting — National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — January 11, 2011— 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 interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings 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 1/11/2011- Page 2 PRESENTATION 1. Interviews and Appointments: Various Boards & Commissions. (City Clerk) 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 Meeting of December 7, 2010. (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) Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 3502 Stockman Street (TSC Item No. 2010-23). (Development Services/Engineering) 5. Resolution of the City Council of the City of National City authorizing the installation of a "Parallel Parking Only" signs on C Avenue between E. 20th Street and E. 31st Street to discourage angled parking (TSC Item No. 2010-26). (Development Services/Engineering) 6. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 340 D Avenue (TSC Item No. 2010-22) (Development Services/Engineering) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 1/11/2011- Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the installation of 40 feet of blue curb handicap parking with signs in front of Central Elementary School at 933 E Avenue (TSC Item No. 2010-21). (Development Services/Engineering) Resolution of the City Council of the City of National City appropriating $64,138 to expand the City's current City-wide concrete improvements project contract with Black Rock Construction from $256,552 to $320,690 and to use the remaining CDBG and Gas Tax funds available for the project. (Funded by CDBG and Gas Tax). (Development Services/Engineering) 9. Resolution of the City Council of the City of National City awarding additive alternates to the contract with Ohno Construction, in the amount not -to -exceed $159,161.20 for construction improvements for the El Toyon Soccer Field Specification 07-01 and authorize the Mayor to execute the Change Order #3. (County of San Diego Grants and Park & Recreation Capital Outlay Fund). (Development Services/Engineering) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to Agreement for grant funds in the amount of $100,000 from the County of San Diego extending the terms of the Agreement to April 30, 2011 to allow for the completion of a soccer project at El Toyon Park. (Development Services/Engineering) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Fifth Amendment to Agreement for grant funds in the amount of $125,000 from the County of San Diego extending the terms of the Agreement to April 30, 2011 to allow for the completion of a soccer project at El Toyon Park. (Development Services/Engineering) 12. Resolution of the City Council of the City of National City awarding a contract to MJC Construction, in the amount not -to -exceed $242,007.50 for construction improvements for the National City Parks ADA Access Upgrades & Park Garden, Specification No. 10-05 and authorizing the Mayor to execute the contract. (Funded by CDBG Funds). (Development Services/Engineering) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 1/11/2011- Page 4 CONSENT CALENDAR (Cont.) 13. Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase from TriTech Software Systems of the Mobile Computer Aided Dispatch (CAD) licensing, software and hardware for an amount not to exceed $30,000 from Citizen Option for Public Safety (COPS) grant 2010. (Police) 14. WARRANT REGISTER #21 Warrant Register #21 for the period of 11/17/10 through 11/23/10 in the amount of $436,123.78. (Finance) 15. WARRANT REGISTER #22 Warrant Register #22 for the period of 11/24/10 through 11/30/10 in the amount of $3,502,548.02. (Finance) ORDINANCES FOR INTRODUCTION 16. An Ordinance of the City Council of the City of National City establishing the compensation of the Mayor and City Council. (City Attorney) 17. An Ordinance of the City Council of the City of National City approving an Amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City to provide for a 2% @ 60 full formula benefit for miscellaneous members. (Human Resources) **Companion Item #18** NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National City approving an Amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City to provide for a 2% @ 60 full formula benefit for miscellaneous members. (Human Resources) **Companion Item #17** CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 1/11/2011- Page 5 NON CONSENT RESOLUTIONS (Cont.) 19. Resolution of the City Council of the City of National City ratifying a Second Amendment to Agreement for exchange of real property and joint escrow instructions, and authorizing the Mayor to execute an Indemnification Agreement with the Isles Family Trust and Wells Fargo Bank pertaining to said exchange of real property (522 West 8th Street and 2020 Hoover Avenue). (City Attorney) NEW BUSINESS 20. Report: City Council Policy prohibiting the sales of beer in small quantities. (City Attorney) 21. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the expansion of an existing restaurant (Titta's II) and the modification of nonconforming alcohol sales at 3421 East Plaza Blvd. (Applicant Roger Speir) (Case File 2010-29 CUP) (Development Services/Planning) 22. Update to the City Council on the Business Outreach and Retention Program: Second monthly business license report. (Redevelopment) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 21 Authorize the reimbursement of Community Development Commission expenditures in the amount of $971,023.46 to the City of National City for the period of 11/24/10 through 11/30/10. (Finance) 24. Authorize the reimbursement of Community Development Commission expenditures in the amount of $42,379.43 to the City of National City for the period of 11/17/10 through 11/23/10. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 1/11/2011- Page 6 STAFF REPORTS 25. Scheduling February 5, 2011 for the City Council Planning and Budget Workshop. (City Manager) 26. Employee Work Furlough Report. (City Manager) 27. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL 28. Discussion of Employee Recognition Program and Citizen of the Month. (Councilmember Initiated) ADJOURNMENT Regular Adjourned City Council and Community Development Commission Meeting — Tuesday — January 25, 2011 — 6:00 p.m. - Council Chambers — National City, California. (Please see attached Modified City Council Meeting Schedule) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 1/11/2011- Page 7 NOTICE OF MODIFIED CITY COUNCIL MEETING SCHEDULE Please be advised that the City Council has adopted the following modified meeting schedule for November, December 2010 and January 2011. 2010 November 2 No Meeting November 9 Meeting November 23 Meeting December 7 Meeting 2011 January 11 Meeting January 25 Meeting Beginning in February 2011, the normal City Council Meeting Schedule (the first and third Tuesday of the month) will resume. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO. 1 EM TITLE: Interviews and Appointments: Various Boards & Commissions PREPARED BY: Michael R. Dalla DEPARTMENT: City k PHONE: 619-336-4226 APPROVED BY: EXPLANATION: Several vacancies and expired terms exist on various Boards & Commissions. The vacancies and expired terms have been advertised and posted. Incumbent appointees have been contacted to determine their desire for re -appointment. At the time of the agenda preparation, the pool of new applicants was small. All applications on hand will be provided to the City Council on January 6th. Any submitted after that date will be distributed prior to the meeting. A summary report of vacancies, expired terms, applicants and requests for re -appointment will be provided prior to the meeting. All applicants have been asked to be present for interview. All incumbents desiring re -appointment have been requested to be available for possible interview. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Conduct interviews. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: =port: Boards and Commissions - Local and Regional January 5, 2011 TO: FROM: SUBJECT: Mayor / City Council Michael Dalla, City Clerk Boards and Commissions — Local and Regional Our office has been asked to provide information on both National City and regional Boards. Below you will find a brief synopsis of individual Boards and attached you will find the most current Appointments List for National City Boards and Commissions. The following actions have been taken, or are underway relating to Boards & Commissions: • Currently serving Board and Commission members whose terms are expired have been contacted to determine their interest in continuing to serve on their respective boards and commissions. • Notices of vacancies and invitations to apply for positions have been posted and advertised in the Union -Tribune. • Interviews of applicants for all Boards and Commissions will be scheduled for January 11 t . SYNOPSIS OF INDIVIDUAL BOARDS ART COMMITTEE Appointing Authority Members: Length of Term: Terms Expire: Meetings are held: Staffing Provided by: Mayor with approval of City Council 5 (non-residents may apply) 3 years September 30th Quarterly Community Services Current Status: In 2009 the City Council approved reducing the Art Committee from seven (7) members to five (5). The reduction was to be effective in June of 2010. The terms of all seven (7) current members have expired. CIVIL SERVICE COMMISSION Appointing Authority Members: Length of Term: Terms expire: City Council 5 (residents only) 5 years September 30th Meets: 6 times per year Staffing Provided by: Human Resources Current Status: The Commission is at full strength. COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) Appointing Authority Mayor with approval of City Council Members: 8 (7 voting / 5 residents and 2 non-residents) Length of Term: 3 years Terms expire: March 31st Meets: 4 times per year Staffing Provided by: Community Services Current Status: There are three (3) vacancies on the CPRC. All three are 'Resident Voting Members'. LIBRARY BOARD OF TRUSTEES Appointing Authority Mayor with approval of City Council Members: 5 (residents only) Length of Term: 3 years Terms Expire: September 30th Meets: Monthly Staffing Provided by: Library Staff Current Status: There is one (1) expired term on the Library Board. PARKS, RECREATION AND SENIOR CITIZENS ADVISORY BOARD Appointing Authority Mayor with approval of City Council Members: ?? To be Determined (residents only) Length of Term: 3 years Terms Expire: September 30th Meets: Every two months Staffing Provided by: Community Services Current Status: In 2009 the City Council merged the Park & Recreation Advisory Board (PRAB) and the Senior Citizens Advisory Board. At the time, however, no determination was made establishing the number of members that constitute the new merged board. Currently the former PRAB has one (1) vacancy and two (2) expired terms and the former Senior Citizens Advisory Board has one (1) vacancy. Should it be the desire of the City Council to reduce the size of the merged board then no action should be taken to fill the two vacancies. PLANNING COMMISSION Appointing Authority City Council Members: 7 Planning Commissioners plus 2 for HCDC Items (residents only) Length of Term: 4 years Terms Expire:. March 31st Meets: Bi-monthly Staffing Provided by: Developmental Services Current Status: There are currently six (6) expired terms on the Planning Commission and one term that will expire on March 31, 2011. in 2009 the City Council adopted Ordinance 2009-2325 which expanded the duties of the Planning Commission to include acting as the Committee for Housing and Community Development (HCDC), and expanded the Planning Commission to include "...two (2) ex officio members to four year terms, who shall be tenants of the Community Development Commission, 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 HCDC Committee". The two (2) ex officio members have not yet been appointed. TRAFFIC SAFETY COMMITTEE Appointing Authority Mayor with approval of City Council Members: 5 (residents only) Length of Term: 3 years Term Ends: September 30th Meets: Monthly Staff Provided by: Developmental Services Current Status: There is one (1) current vacancy on the Traffic Safety Committee and there are four (4) expired terms. REGIONAL BOARDS AND COMMITTEES SAN DIEGO COUNTY WATER AUTHORITY Appointing Authority: Mayor with approval of City Council Current Representative Appointed Term Expires Ron Morrison 02-19-2008 03-08-2014 SWEETWATER AUTHORITY Appointing Authority: Mayor with approval of City Council Current Representatives Appointed Term Expires Ron Morrison 12-19-2006 12-31-2010 Ted Muehleisen 05-19-2009 12-31-2010 SAN DIEGO UNIFIED PORT DISTRICT Appointing Authority: City Council Current Representative Appointed Term Expires Dukie Valderrama 12-16-2008 01-02-2013 METROPOLITAN TRANSIT SYSTEM BOARD (MTS) Appointing Authority: Mayor with approval of City Council Current Representative Appointed Term Expires Jess Van Deventer 09-01-2009 * see note #1 below Rosalie Zarate (Alternate) 09-01-2009 SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) Appointing Authority: City Council Current Representative Appointed Term Expires Ron Morrison 12-01-1998 * see note #2 below 1 ST Alternate: Vacant 2nd Alternate: Rosalie Zarate METRO WASTEWATER JPA Appointing Authority: Mayor with approval of City Council Current Representative Appointed Term Expires Primary - Alejandra Sotelo-Solis 09-01-2009 * see note #3 below Alternate — Joe Smith HEARTLAND COMMUNICATIONS Appointing Authority: Governing Body of member agency Current Representative Appointed Term Expires Primary — Rosalie Zarate 02-19-2008 * see note #3 below Alternate — Vacant 11 BAY SHORE BIKEWAY WORKING GROUP Appointing Authority: Mayor with approval of City Council Current Representative Appointed Term Expires Rosalie Zarate 01-18-2005 * see note #3 below PORT OF SAN DIEGO PUBLIC ART COMMITTEE Appointing Authority: Mayor with approval of City Council Current Representative Appointed Term Expires Chris Zapata 10-13-2009 10-03-2011 REGIONAL SOLID WASTE AUTHORITY Appointing Authority: Mayor with approval of City Council Current Representative Appointed Term Expires Ron Morrison 06-07-1994 * see note #3 below INDEPENDENT FINANCIAL REVIEW COMMITTEE — TRANSACTION AND USE TAX Appointing Authority: Mayor with approval of City Council Current Representatives To be determined This committee is to be appointed five years after voter approval of the Transaction and Use Tax measure. The committee should be appointed in 2011. NOTES • note #1 * note #2 : National City's MTS representative must be a current or former elected National City official. Therefore, former Councilmember Van Deventer may continue to serve as National City's representative to MTS or the City Council may make a new appointment. The City Council's intention should be reflected in a formal vote. There is no established term. SANDAG requests annual action or notification confirming the City's representatives by January 10 of each year. * note #3: There is no established term. Serves at the pleasure of the appointing authority or until no longer an elected official. s CITY OF NATIONAL CITY LOCAL APPOINTMENTS LIST AS OF JANUARY 5, 2011 Board/Commission/Committee First Name Last Name Appointed Term Expires Civil Service Commission Leticia L. Camacho 07-06-2004 09-30-2012 Civil Service Commission Jerry Cano 04-01-2009 09-30-2011 Civil Service Commission Rafael Courtney 01-19-2010 09-30-2015 Civil Service Commission Martin Martinez 03-02-2010 09-30-2014 Civil Service Commission William J. Sendt 01-19-2010 09-30-2013 CPRC VACANCY 03-31-2012 CPRC VACANCY 03-31-2013 CPRC VACANCY 03-31-2013 CPRC Harold Aranda 05-19-2009 03-31-2013 CPRC Louise Branch 05-19-2009 03-31-2012 CPRC Nancy Estolano 05-19-2009 03-31-2012 CPRC William Phillips 05-16-2006 TBD CPRC Daniel Serrano 05-19-2009 03-31-2013 Library Board of Trustees Arlene Castillo 06-03-2008 09-30-2011 Library Board of Trustees Brian Clapper 05-19-2009 09-30-2010 Library Board of Trustees Deborah Hernandez 11-03-2009 09-30-2011 Library Board of Trustees Nancy Nieto 05-19-2009 09-30-2012 Library Board of Trustees Francisco Quezada 11-03-2009 09-30-2012 Parks, Recreation & Senior Citizens Advisory Board VACANCY 09-30-2010 Qualifications: Members must be residents of the City of National City, with the exception of two positions on the Community and Police Relations Commission and the Public Art Committee. January 5, 201 -d/Commission/Committee First ig Last Name Appointed Te :xpires Parks, Recreation & Senior Citizens Advisory Board. VACANCY 09-30-2013 Parks, Recreation & Senior Citizens Advisory Board Roberto Andrade 05-19-2009 09-30-2011 Parks, Recreation & Senior Citizens Advisory Board. Roy Cesena 04-02-2002 09-30-2008 Parks, Recreation & Senior Citizens Advisory Board Yvonne Cordoba 09-21-2004 09-30-2011 Parks, Recreation & Senior Citizens Advisory Board. Anthony Garcia 04-03-2007 09-30-2010 Parks, Recreation & Senior Citizens Advisory Board. James Grier Jr. 07-14-1987 09-30-2011 Parks, Recreation & Senior Citizens Advisory Board Nora McMains 09-05-2006 09-30-2013 Parks, Recreation & Senior Citizens Advisory Board. Howard R. Schwitkis 04-19-1991 09-30-2011 Parks, Recreation & Senior Citizens Advisory Board Katharine Wesner 05-19-2009 09-30-2012 Planning Commission Albert "AP' Alvarado 02-18-2003 03-31-2008 Planning Commission George J. Baca 12-07-1999 03-31-2008 Planning Commission Maria DeLaPaz 04-02-2002 03-31-2006 Planning Commission Alfredo Farias 06-03-2008 03-31-2011 Planning Commission Dolores Flores 06-05-2001 03-31-2005 Planning Commission Alethea R. Pruitt 04-01-2003 03-31-2007 Planning Commission _ Vincent Reynolds 06-05-2001 03-31-2005 Public Art Committee Frank Bueno 05-19-2009 07-20-2010 Public Art Committee Manuel Cavada 07-20-2004 07-20-2010 Public Art Committee Cristina Chacon 07-20-2004 07-20-2010 Public Art Committee Paul Ecdas 05-19-2009 07-20-2010 Public Art Committee Janice Martinelli 07-20-2004 07-20-2010. Public Art Committee Bennett Peji 07-20-2004 07-20-2010 Public Art Committee William A. Virchis 07-20-2004 07-20-2010 Qualifications: Members must be residents of the City of National City, with the exception of two positions on the Community and Police Relations Commission, and the Public Art Committee. 2 Board/Commission/Committee First Name Last Name Appointed Term Expires Traffic Safety Committee VACANCY 09-30-2013 Traffic Safety Committee Brian Clapper 04-19-2005 09-30-2010 Traffic Safety Committee Cheryl Howrey-Colmenero 04-19-2005 09-30-2009 Traffic Safety Committee Mary L. Martin 01-13-1998 09-30-2009 Traffic Safety Committee Arlito Reclosado 04-04-2006 09-30-2010 Qualifications: Members must be residents of the City of National City, with the exception of two positions on the Community and Police Relations Commission, and the Public Art Committee. 3 ITEM #2 1/11/2011 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF DECEMBER 7, 2010 (CITY CLERK) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, 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 ITEM #3 1/11/2011 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: January 11, 2011 AGENDA ITEM NO. 4 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 3502 Stockman Street (TSC Item No. 2010-23) PREPARED BY: Stephen Manganiello, Traffic Engineer 12 DEPARTMENT: Develo • me - o ices / PHONE: 619-336-4382 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on December 1, 2010 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 3502 Stockman Street. "TTACHMENTS: Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (December 1, 2010) Explanation Ms. Maryluz Natoli, resident of 3502 Stockman Street, has requested the installation of a blue curb handicap parking space in front of her home. Ms. Natoli is a disabled senior citizen who has a hard time walking. Ms. Natoli has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is no "useable" parking available on the property. The driveway and garage are both too short to accommodate a standard vehicle. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that maybe converted into disabled parking. This condition is met. All work will be completed by the City Public Works Department. TSC 2010-23 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 1, 2010 ITEM TITLE: ITEM NO. 2010-23 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 3502 STOCKMAN STREET (BY M. NATOLI) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Ms. Maryluz Natoli, resident of 3502 Stockman Street, has requested the installation of a blue curb handicap parking space in front of her home. Ms. Natoli is a disabled senior citizen who has a hard time walking. Ms. Natoli has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is no "useable" parking available on the property. The driveway and garage are both too short to accommodate a standard vehicle_ Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1 Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 3502 Stockman Street. EXHIBITS: 1_ Correspondence 2. Location Map 3_ Photo 4. Disabled Persons Parking Policy 2010-23 1 ENG4IEERING DEPT. 2010 OCT 21 P Ti: 0 S October 21, 2010 To whom it may concern: I want to request a disabled/handicap parking sign be posted at my home address_ The reason is because 1 am recently having a hard time being able to park my automobile in front of my home due to others taking most of the available parking spots. I am a disabled driver and have a hard time walking certain distances_ Please take the time to review my request_ Sincerely; i 66030 A,J J ***CUSTOMER RECEIPT COPY*** EXPIRES: 06/30/2011 *** D I S A B L E D PERSON P L A C A R D*** DATE ISSUED: 02/10/09 LACARD NUMBER: 171676A MO/YR: QN NATOLI MARYLUZ M DT FEES RECVD: 02/10/09 3502 STOCKMAN ST NATIONAL CITY CA 91950 CO: 37 PIC: 1 TV: 92 AMT DUE : NONE AMT RECVD - CASH : CHCK : CRDT : 1100 613 38 0000000 0033 CS 1100 021009 N1 I71676A 3 Location Map t4 .s1 3502 STOCKMAN STREET 3502 Stockman St. (looking south) 3502 Stockman St. (looking south) 5 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et sey_ at the following facilities: 1 Government. buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2_ Hospitals and convalescent homes with more than 75-bed capacity_ Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5 Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more than 200 persons Public recreational facilities including municipal swimming pools, recreation halls, museums, etc Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity_ Other places of assembly such as schools and churches. 10 Commercial arid/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space_ Zone shall be located to serve a maximum number of facilities on one block. 11_ hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours pet- day 6 I A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units_ En addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant) Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition_ The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. En establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (I) Applicant (ou guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans " (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 7 (� ) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE_It must be emphasized that such parking spaces do not constitute "personal reserved parking` and that any person with valid "disabled persons" license plates may park in the above stalls. Jha: p 8 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH A SIGN IN FRONT OF THE RESIDENCE AT 3502 STOCKMAN STREET WHEREAS, a resident with a valid Disabled Person Placard from the State of California Department of Motor Vehicles, has requested the installation of a blue curb handicap parking space in front of her home at 3502 Stockman Street; and WHEREAS, after conducting an inspection and review, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, at it's meeting on December 1, 2010, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with a sign in front of the residence at 3502 Stockman Street. PASSED and ADOPTED this 11th day of January, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO. 5 TEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of "Parallel Parking Only" signs on C Avenue between E. 30th Street and E. 31st Street to discourage angled parking (TSC Item No. 2010-26) PREPARED BY: Stephen Manganiello, Traffic Engineer/14A DEPARTMENT: Development Services / PHONE: 619-336-4382 APPROVED BY: ering EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on December 1, 2010 the Traffic Safety Committee approved the staff recommendation to install "Parallel Parking Only" signs on C Avenue between E. 30th Street and E. 31st Street. ATTACHMENTS: :xplanation Zesolution 3. Staff Report to the Traffic Safety Committee (December 1, 2010) Explanation National City Parking Enforcement informed City Engineering staff that residents are illegally parking on the west side of C Avenue between E. 30t" Street and E. 315t Street by parking at an angle, rather than parallel to the edge of pavement. According to Section 22502 of the California Vehicle Code, "Where no curbs or barriers bound any roadway, right-hand parallel parking is required unless otherwise indicated." Parking Enforcement asked if signage could be installed to identify the appropriate manner of which to park. Staff visited the site and observed several vehicles parked at an angle, with their vehicles extending onto the unpaved shoulder (see attached photo in the staff report to the Traffic Safety Committee). Since the roadway is only 36 feet wide, angled parking cannot be accommodated without impacting traffic circulation. Therefore, staff recommends installation of "Parallel Parking Only" signs on C Avenue between E. 30t'' Street and E. 31st Street to discourage angled parking. All work will be completed by the City Public Works Department. TSC 2010-26 6 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 1, 2010 ITEM TITLE: ITEM NO. 2010-26 REQUEST FOR INSTALLATION OF PARKING SIGNAGE ON C AVENUE BEWTEEN E. 30T" STREET AND E. 31ST STREET (BY NATIONAL CITY PARKING ENFORCEMENT) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: National City Parking Enforcement informed City Engineering staff that residents are illegally parking on the west side of C Avenue between E. 309' Street and E. 31s` Street by parking at an angle, rather than parallel to the edge of pavement_ According to Section 22502 of the California Vehicle Code, "Where no curbs or barriers bound any roadway, right-hand parallel parking is required unless otherwise indicated." Parking Enforcement asked if signage could be installed to provide guidance for the residents on the appropriate manner of which to park. Staff visited the site and observed several vehicles parked at an angle, with their vehicles extending onto the unpaved shoulder (see attached photo). Since the roadway is only 36 feet wide, angled parking cannot be accommodated without impacting traffic circulation. STAFF RECOMMENDATION: Staff recommends installation of "Parallel Parking Only" signs on the west side of C Avenue between E. 30th Street and E 31si Street to discourage angled parking and provide guidance for residents. EXHIBITS: 1. Location Map 2. Photos 2010-26 1 Location Flap C Ave. between E. 30`h St. and E. 31s` St. (looking south) C Ave. between E. 30`h St. and E. 3E4 St. (looking south) 3 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF "PARALLEL PARKING ONLY" SIGNS ON C AVENUE BETWEEN EAST 30TH STREET AND EAST 31ST STREET TO DISCOURAGE ANGLED PARKING WHEREAS, staff was notified that residents are illegally parking on the west side of C Avenue between East 30th Street and East 31st Street by parking at an angle rather than parallel to the edge of the pavement, as required by California Vehicle Code Section 22502; and WHEREAS, C Avenue is only 36 feet wide, which cannot accommodate angled parking without impacting traffic circulation; and WHEREAS, at its meeting on December 1, 2010, the Traffic Safety Committee approved the installation of "Parallel Parking Only" signs on C Avenue between East 30th Street and East 31st Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of "Parallel Parking Only" signs on C Avenue between East 30th Street and East 31 st Street to discourage angled parking. PASSED and ADOPTED this llth day of January, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ""FETING DATE: January 11, 2011 AGENDA ITEM NO. 6 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 340 D Avenue (TSC Item No. 2010-22) PREPARED BY: Stephen Manganiello, Traffic Engineer v� DEPARTMENT: Development S ices / PHONE: 619-336-4382 APPROVED BY: EXPLANATION: See attached. EnAi FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on December 1, 2010 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 340 D Avenue. A' TACHMENTS: Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (December 1, 2010) Explanation Ms. Leticia Peregrina, resident of 340 D Avenue, has requested installation of a blue curb handicap parking space in front of her home. Ms. Peregrina has back problems (four herniated discs) and a prosthesis in one of her knees. Ms. Peregrina has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is no "useable" parking available on the property. There is no driveway or garage to accommodate a vehicle. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that maybe converted into disabled parking. This condition is met. All work will be completed by the City Public Works Department. TSC 2010-22 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 1, 2010 ITEM NO. 2010-22 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 340 D AVENUE (BY L. PEREGRINA) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Ms. Leticia Peregrina, resident of 340 D Avenue, has requested the installation of a blue curb handicap parking space in front of her home. Ms. Peregrina has back problems (four herniated discs) and a prosthesis in one of her knees_ Ms. Peregrina has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is no `useable" parking available on the property_ There is no driveway or garage to accommodate a vehicle. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans"_ This condition is met. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 340 D Avenue. EXHIBITS: 1- Correspondence 2. Location Map 3- Photo 4. Disabled Persons Parking Policy 2010-22 1 August 8, 2010 Dear Mr_ Manganiello, I am requesting a handicap parking space infront of my house. The person who helped me told me to bring a medical record and proof that t am disabled. One of my health problems is my back, I have four hernias in my discs_ Also I have a prothesis in one of my knees_ These are one of the many health problems I have_ Since 2000 I had a handicap parking space infront of my old address. About a month ago moved to this new address and I am requesting a handicap parking space. Sincerely, Leticia Peregrina 340 D Avenue National City, CA 91950 Tel: (61.9) 273-0031 Cell: (619) 273-7343 2 r-Q-77 GP-13'Vir G 97/rA7 X ,C; (771 j"7:7-2 7 <z_c-� i6 Ge a?`V a-rr --37(: d>"/Z. d-74(7- Zo-?- 2�v' -" d� r vim' ✓�' 7- a r a�a o, /a-r • -;/7 ruin^ ? J7 Q 7, 7,71/1 7 c !,� �' yetc �a_as3l�' tDAVE ReCRI 0 3 4AVE • NRTLOWI& C [ly CIA, 9195 a. SE7,k t(AIR Bi•k"._ a 5- + NF 5 94 :; WT.` Ly41 D0 d5.-Z3-�•' kW/14/20111 613 Al F0/14 halsid , if �W_WWeeL,IL 1 12/31/12 EREGRINA,LETICIA 35 FAST 2NL, 5T IATIONAL CITY, CA 9195C — MTS NCTD ( A P.dwti ae... .N'.-•cr "'CUSTOMER RECEIPT COPY". EXPIRES: 06/30/2011 "'DISABLED PERSON PLACARD"' PLACARD NUMBER: 339239A PIC, 1 TV: 92 PEREGRINA LETICIA 340 D AVE NATIONAL CITY CA 91950 CO: 37 DATE ISSUED: 07/14/10 MO/YR: RU DT FEES RECVD: 07/14/10 DUE : NONE RECVD - CASH : - CHCK - - CRDT - HOO 613 AI 0000000 000E CS 1100 07L410 NI 339239A DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD THIS IDENTIFICATION CARD OR FACSIMILE COPY IS TO BE CARRIED BY THE PLACARD OWNP. RREENP IT TO ANY PEACE OFFICER UPON DEMAND. IMMEDIATELY NOTIFY DMV BY 9NPY+BR9MAIL OF ANY CHANGE OF ADDRESS. WHEN PARKING, HANG THE PLACARD F,Jif?mj ,(; *,yIEW MIRROR. REMOVE IT WHEN DRIVING. PLACARD4: 339239A EXPIRES: 06/30/2011 DOB- 05/23/1949 ISSUED: 07/L4/10 TYPE: N1 PLACARD HOLDER: PEREGRINA LE.TICIA 340 D AVE NATIONAL CITY CA 91950 PURCHASE OF FUEL (BUSINESS 4 PROFESSIONS CODE 136601: STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSON'S VEHICLE AT SELF-SERVICE RATES, EXCEPT SELF- ICE FACILITIES WITH ONLY ONE CASHIER. ��a'- ar r WHEN YOUR PLACARD IS PROPERLY oZ. Y ' MAY PARK IN/ON- 'DISABLED PERSON PARKING SP +' (BLUE'ZO STREET METERED ZONES WITHC PAYING 'GREEN ZONES WITHOUT v�4 TRIC1'IONLIMITS 'STREET WHERE PREFERENTIAL PARKING PRIVIL wC:FS,,f13LR. GC O R SIDENTS AND MERCHANTS- YOU MAY NOT PARK IN/ON: 'R.1ZON W _ NES 'WHITE OR YELLOW ZONES 'SPACES HARKED BY CROSSHATC NE21 LED PERSON PARKING SPACES IT IS CONSIDERED MISUSE.: 'TO 3 FiAWV..4 ¢jiD UNLESS THE DISABLED OWNER IS BEING 'TRANSPORTED 'TO DISPL:PI--PAR ICH HAS BEEN CANCELLED OR REVOKED 'TO LOAN YOUR PLACARD TO-ANI�ONS!INCLUDING FAMILY MEMBERS_ MISUSEIS A MISDEMEANOR (SECTION 445IVC1 AND CAN RESULT IN CANCELLATION OR REVOCATION OF THE PLACARD- LOSS OF PARKING PRIVILEGES. AND/OR FINES. 4 DISABLED PERSON PARKING PLACARD Location Map 340 U Avenue (looking southwest) 7 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2 Hospitals and convalescent homes with more than 75-bed capacity Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block_ Community service facilities such as senior citizens service centers, etc. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more than 200 persons. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc_ Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9 Other places of assembly such as schools and churches. 10. Comrnercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space_ Zone shall be located to serve a maximum number of facilities on one block. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 8 l2. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shalt be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant)_ Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities_ In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street. parking for the general public, and detract from the overall. effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right jof way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (I) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 9 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE_It trust be emphasized that such parking spaces do not constitute "peisonal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha 10 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 340 D AVENUE WHEREAS, a resident with a valid Disabled Person Placard from the State of California Department of Motor Vehicles, has requested the installation of a blue curb handicap parking space in front of her home at 340 D Avenue; and WHEREAS, after conducting an inspection and review, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, at it's meeting on December 1, 2010, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve 340 D Avenue. PASSED and ADOPTED this 11th day of January, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO. 7 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 40 feet of blue curb handicap parking with signs in front of Central Elementary School at 933 E Avenue (TSC Item No. 2010-21) PREPARED BY: Stephen Manganiello, Traffic Engineer/1 DEPARTMENT: Develop PHONE: 619-336-4382 APPROVED BY: En EXPLANATION: See attached. es / FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on December 1, 2010 the Traffic Safety Committee approved the staff recommendation to install 40 feet of blue curb handicap parking with signs in front of Central Elementary School. ATTACHMENTS: xplanation z. Kesolution 3. Staff Report to the Traffic Safety Committee (December 1, 2010) Explanation Mrs. Luz Vicario, Principal of Central Elementary School, has requested installation of blue curb handicap parking in front of the school at 933 E Avenue. Handicap parking is provided in the staff parking lot for employees. However, the gates are locked during school drop-off/pick-up periods for safety. Therefore, disabled parents and visitors are unable to park near the entrance of the school during drop-off/pick-up periods. Staff visited the site and observed there is no handicap parking available on the street in front of the property. As to not interfere with the existing Passenger Loading Zone, staff recommends installation of 40 feet of blue curb handicap parking in front of the school between E. 9th Street and the staff parking lot driveway (see attached map and photos in the staff report to the Traffic Safety Committee). All work will be completed by the City Public Works Department. TSC 2010-21 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 1, 2010 ITEM TITLE: ITEM NO. 2010-21 REQUEST FOR INSTALLATION OF BLUE CURB HANDICAP PARKING IN FRONT OF CENTRAL ELEMENTARY SCHOOL AT 933 E AVENUE (BY L. VICARIO) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Luz Vicario, Principal of Central Elementary School, has requested the installation of blue curb handicap parking in front of the school at 933 E Avenue. Handicap parking is provided in the staff parking lot for employees. However, the gates are locked during school drop-off/pick-up periods for safety. Therefore, disabled parents and visitors are unable to park near the entrance of the school during drop-off/pick-up periods. Staff visited the site and observed there is no handicap parking available on the street in front of the property. As to not interfere with the existing Passenger Loading Zone, staff recommends installation of 40 feet of blue curb handicap parking in front of the school between E. 9th Street and the staff parking lot driveway (see attached map and photos). STAFF RECOMMENDATION: Staff recommends installation of 40 feet of blue curb handicap parking with signs in front of Central Elementary School at 933 E Avenue. EXHIBITS: 1. Correspondence 2. Location Map 3_ Photo 4. Disabled Persons Parking Policy 2010-21 1 Stephen Manganiello From: Luz Vicario[Luz_Vicario@national.k12.ca.usj Sent: Friday, October 15, 2010 3:20 PM To: Stephen Manganiello Cc: Elizabeth Williams Subject: Handicapped Spaces Hello Steve, Hope ion are doing well! Listen, I've been transferred to Central Elementary School and I received a parent complaint about there not being any handicapped spots in front of our school. Naybe you can stop by and check it out? Hope you are well! Luz S. `Jicario, Principal Central Elementary School National City, Ca 91950 (619) 9 6-7150 2 Location Map CENTRAL ELEMENTARY (933 E AVE) Central Elementary School, 933 E Ave. (looking east) Central Elementary School, 933 E Ave. (looking southeast) 4 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles_ The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1_ Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3- Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block Comrnunity service facilities such as senior citizens service centers, etc. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more than 200 persons. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc_ Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. Other places ofassembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than . 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11_ hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day 5 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements_ General Requirements Each disahled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area Disabled persons parking will not be installed at locations with a full-time parking prohibition_ When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will he assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disahled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program Special Hardship Cases [t is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans" (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 6 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha:p RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 40 FEET OF BLUE CURB HANDICAP PARKING WITH SIGNS IN FRONT OF CENTRAL ELEMENTARY SCHOOL LOCATED AT 933 E AVENUE WHEREAS, the principal of Central Elementary School has requested the installation of blue curb handicap parking in front of the school located at 3933 E Avenue because the existing handicap parking is inaccessible during school drop-off/pick-up periods for use by disabled parents and visitors; and WHEREAS, after conducting an inspection and review, staff determined that all conditions have been met for the property to qualify for 40 feet of blue curb handicap parking; and WHEREAS, at it's meeting on December 1, 2010, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of 40 feet of blue curb handicap parking in front of Central Elementary School located at 933 E Avenue. PASSED and ADOPTED this 11th day of January, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO. 8 .. �M TITLE: Resolution of the City of National City Council appropriating $64,138 to expand the current City-wide Concrete Improvements project contract with Black Rock Construction from $256,552 to $320,690 and to use the remaining CDBG and Gas Tax funds available for the project. (Funded by CDBG and Gas Tax) PREPARED BY: Din Daneshfaf C/� I9 DEPARTMENT: Develo ces PHONE: 619-336-4387 '%JJC(// APPROVED BYE -- EXPLANATION: On October 19, 2010 the City Council approved the Resolution No. 2010-235 to complete the City's Concrete Improvements project for the FY 2010-2011. With this resolution we are requesting the Council to authorize the appropriation of the funds in the amount of $64,138. Please note that it is required to use the CDBG portion of the funding by April 2011. The "GREENBOOK" adopted by the City of National City allows an increase of $64,138 which is 25% of the total original contract ($256,552). The improvements will be completed per the original contract unit prices. With this change the total contract amount with Black Rock Construction Company will increase from $256,552 to $320,690. The expenses will be reimbursed by CDBG and Gas Tax funds. No General Funds will be used. The funding will be used for additional concrete pedestrian ramp, sidewalk, curb, gutter, lley approns and cross gutter improvements at various locations throughout the City. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Funds are available through Project Account No 301-409-500-598-6137 ($19,000), 301-409-500-598-7062 ($22,000) and 109-409-500- 598-6137 ($23,138) for the twenty five percent of the total contract amount ($64,138) for contingencies per the "GREENBOOK" adopted by the City of National City ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Copy of the Resolution No. 2010-235 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROPRIATING $19,000 FROM CDBG ACCOUNT NO. 301-409-500-598-6137, $22,000 FROM CDBG ACCOUNT NO. 301-409-500-598-7062, and $23,138 FROM GAS TAX ACCOUNT NO. 109-409-500-598-6137 FOR A TOTAL OF $64,138 TO EXPAND THE CITY'S CURRENT CONCRETE IMPROVEMENTS PROJECT CONTRACT WITH BLACK ROCK CONSTRUCTION FROM $256,552 TO $320,690 WHEREAS, on October 19, 2010, the City Council approved Resolution No. 2010-235 authorizing the City to enter into a contract in the amount of $256,552 with Black Rock Construction Company for the National City Concrete Improvements Project for fiscal year 2010- 2011; and WHEREAS, the "Greenbook" adopted by the City of National City allows an increase of 25% of the total original contract, which is an increase of $64,138 to the $256,552 contract, bringing the total contract amount to $320,690; and WHEREAS, the increase to the contract is for concrete pedestrian ramp, sidewalk, curb, gutter, alley aprons and gross gutter improvements at additional locations throughout the City; and WHEREAS, funds in the amount of $41,000 are available in the remaining portion of the CDBG funding, which must be used by April 2011; and WHEREAS, additional funds in the amount of $23,138 are available in the remaining portion of Gas Tax funds to can be used for additional work on the City's current Concrete Improvements Project contract with Black Rock Construction. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation of $19,000 from CDBG Account No. 301-409- 500-598-6137, $22,000 from CDBG Account No. 301-409-500-598-7062 and $23,138 from Gas Tax Account No. 109-409-500-598-6137 for a total of $64,138 to expand the City's current Concrete Improvements Project contract with Black Rock Construction from $256,552 TO $320,690. PASSED and ADOPTED this 11th day of January, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney RESOLUTION NO. 2010 — 235 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO BLACK ROCK CONSTRUCTION COMPANY IN THE AMOUNT OF $256,552 TO PERFORM THE NATIONAL CITY CONCRETE IMPROVEMENTS PROJECT, FY 2010-2011 WHEREAS, the Engineering Department, in open session on October 5, 2010, did publicly open, examine, and declare nine sealed bids for the National City Concrete Improvements Project for fiscal year 2010-2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Concrete Improvements Project for fiscal year 2010-2011 to the lowest responsive, responsible bidder, to wit: BLACK ROCK CONSTRUCTION COMPANY BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $256,552 with Black Rock Construction Company for the National City Concrete Improvements Project for fiscal year 2010-2011. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of October010. ATTEST: h el R. Dalla it ROVED AS 0 FORM: audia G. Silv City Attor -y Ns. n Morrison, Mayor Mich y Clerk 1 Passed and adopted by the Council of the City of National City, California, on October 19, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-235 of the City of National City, California, passed and adopted by the Council of said City on October 19, 2010. ivzzle/Ailf") rk of the o City City National City, California By: Deputy 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT STING DATE: January 11, 2011 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City Council of National City awarding additive alternates to the contract with Ohno Construction, in the amount not -to -exceed $159,161.20 for construction improvements for the El Toyon Soccer Field Specification 07-01 and authorize the Mayor to execute the change order #3. (County of San Diego Grants and Park & Recreation Capital Outlay Fund) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Develo S Engineering Div' ' n APPROVED BY. FINANCIAL STATEMENT: APPROVED: ��J/ Finance ACCOUNT NO. 115-409-500-598-4076 APPROVED: G MIS Funds are available in expenditure account numbers 115-409-500-598-4076 in the amount of $159,161.20 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATACHMENTS: 1. Explanation 2. Change Order 3. Resolution Explanation: The soccer field project includes demolition, clearing & grubbing, grading, special sub -grade preparation & drainage, installation of (City provided) synthetic turf for a joint use soccer/football field, goal posts, striping and maintenance equipment. The project also includes the replacement of a sewer main. The City received grants from the County of San Diego as well as CDBG funds for the construction of the soccer/football field. The specifications were written such that at the very least the basic field could be constructed within the means of funding. Additive alternates were included in the specifications for bidding on items that compliment the field. The Additive alternates include the following: R& R w/Overlay AC service road with 1 1/2" thick AC - $13,000.00 Restore decomposed granite path with 2" minimum thickness DG and install recycled plastic redwood header - $40,890.00 Install DG and concrete header adjacent to and south of soccer field - $28,000.00 Relocate and paint bleachers - $2,200.00 Adjust/install irrigation and sod south of soccer field - $45,686.00 Clear, grub, and grade area inside dog runs and install 2" of Decomposed Granite. Install 4" high chain Zink fence. Install ADA compliant self closing/locking swing gates - $27,171.20 Install 4", 2500 psi concrete pads for benches and trash cans. Install City provided benches and trash cans - $3,970.00 Install 48" box tree, (Tipuana) - $11,200.00 Staff recommends that the Resolution be adopted awarding the additive alternates to the contract with Ohno Construction in the not -to -exceed amount of $159,161.20. $ 440,642.00 Net change by previously authorized Change Orders 29,704.23 Subtotal Amount of this change order New contract amount $ 629,507.43 Working days added: 0 Working days subtracted: Percent change in Contract to date 42.86% 470,346.23 159,161.20 Submitted by: Date _ ._ ... City a er ‘ ‘kri!ji ^1.17_.............. Date Pr.'-0 4' ger • .r, -e. ry: VW i6 Date Mayor Ron Morrison Date C' y Engin By signing this Change Order the Contractor confirms that he/she is completely familiar with its terms and conditions and has fairly negotiated its price, terms and conditions. If this Change Order is approved, Contractor will provide all of the equipment, materials and labor necessary to provide a complete work as described above at that the price stated herein. Additionally, Contractor confirms that the price is fair and complete and represents all costs associated with the work, including but not limited to all equipment, materials, labor, supervision, overhead, fees, bonds, insurance, profit, etc. and that there will be no further compensation. All of the terms and conditions of the original contract documents are incorporated herein. ccepted and agreed to by OHNO Construction: 4...._ I /d Date ote49 Contrab you o no agree with this Change order you may De directed to proceedwith this work under the terms of the contract and you may proceed under protest. You must comply with the contract requirements of submitting a written protest to protect your claim. N ,k El TOYON SOCCER FIELD Specification #07-01 Contractor: OHNO Construction Co. CHANGE ORDER NO. 3 January 11, 2010 Reason/Purpose for this Change Order: The City received grants from the County of San Diego as well as CDBG funds for the construction of the soccer/football field. The specifications were written such that at the very least the basic field could be constructed within the means of funding. Additive bids A - I were included in the specifications for bidding on items that compliment the field. Funding is such that the City can include the additive bid items A - H as listed below. The City of National City and Contractor agree to the following change to the original Contract: The contractor shall construction the following Additive Bid Items in accordance with the contract documents: A) R& R w/Overlay AC service road with 1 1/2" thick AC - $13,000.00; B) Restore decomposed granite path with 2" minimum thickness DG and install recycled plastic redwood header - $40,890.00; C) Install DG and concrete header adjacent to and south of soccer field - $28,000.00; D) Relocate and paint bleachers - $2,200.09; E) Adjust/install irrigation and sod south of soccer field - $45,686.00; F) Clear, grub, and grade area inside dog runs and install 2" of Decomposed Granite. Install 4" high chain link fence. Install ADA compliant self closing/locking swing gates $27,171.20; G) Install 4", 2500 psi concrete pads for benches and trash cans. Install City provided benches and trash cans - $3.970.00 and H) Install 48" box tree, (Tipuana) - $11,200.00 for a total of $159,117.20. Totals shown here are estimates. Amounts to be paid shall be per the line items costs bid by the contractor in the original bid documents, (see Attachement "A" for breakdown.) Original Contract Amount tor. ff d 1243 National City Boulevard, National City, CA 91950 Telephone (619) 336-4380 EL TOYON SOCCER FIELD Specification #07-01 Additive Bid "A": CHANGE ORDER #3, Attachment "A" DESCRIPTION IJNtTS :: TY ONIT:PAiGi i :'EXTENSION i ' 1 R& R w/Overlay AC service road with 1 1/2" thick AC. SF 5,000 2.60 $ 13,000.00 TOTAL BID Additive Bid "B": $ 13,000.00 DESCRIPTION UNITS QTY :UN TF PRICE' : EXTENSION 1 Restore decomposed granite path with 2" minimum thickness SF 33,880 $ 0.55 $ 18,634.00 2 Install recycled plastic redwood header LF 1,550 $ 6.00 $ 9,300.0D TOTAL BID $ 27,934.00 Additive Bid "C": DESCRIPTION ,UNITS ' :. " . UNIT P#tICE EiE7ENSION I Install DG and concrete header adjacent to and south of soccer field LS 1 $ 28,000.00 $ 28,000.00 TOTAL BID $ 28,000.00 Additive Bid "D": DESCRIPTiON :UNITS:' QTY UNU:PRICE: ':EXTENSION is 1 Relocate and paint bleachers Additive Bid "E": LS 1 $ 2,200.00 TOTAL BID $ 2,200.00 $ 2,200.00 DESCRIPTION 't3;NItS: i 7i .1 UNIT 01 CE. EXTENSION!::: 1 Adjustjinstall irrigation and sod south of soccer field Additive Bid "F": SF 17,240 $ 2.65 TOTAL BID $ 45,686.00 $ 45,686.00 =!:DESCRIPTIoly .. : .:'.:. UNITS ; :QTY : >:LINIT:Pfti.a :.EXTENSIgN 1 Clear, grub, grade area inside dog runs and install 2" of Decomposed Granite SF 18,968 $ 0.90 $ 17,071.20 2 Install 4" high chain link fence LF 500 $ 18.00 $ 9,000.00 3 Install ADA compliant self closing/locking swing gates EA 4 $ 275.00 $ 1,100.00 TOTAL BID i $ 27,171.20 Additive Bid "G": ::ot8cRIP iON :l3NITS :QTY LIMIT PRICE' EXfENSSION 1 install 4", 2500 psi concrete pads for benches and trash cans SF 500 $ 5.00 $ 2,500.00 2 Install City provided benches and trash cans EA 7 $ 210.00 $ 1,470.00 TOTAL BID $ 3,970.00 Additive Bid "H": 1 ...................... DESCRIPTION Install 48" box tree, (Tipuana) ;.aJNaTS ' EA 7 ON}T PRIGS $ 1,600.00 TOTAL BID ESTIMATED TOTAL OF ALL ITEMS EXTENSION::;': $ 11,200.00 $ 11,200.00 $ 159,161:20 All quantities listed are approximate. Contractor will be paid only for work actually peformed and accepted by the City. RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING ADDITIVE ALTERNATES TO THE ORIGINAL CONTRACT WITH OHNO CONSTRUCTION BY EXECUTING CHANGE ORDER NO. 3 IN AN AMOUNT NOT -TO -EXCEED $159,161.20 FOR CONSTRUCTION IMPROVEMENTS FOR THE EL TOYON SOCCER FIELD PROJECT WHEREAS, the City received grants from the County of San Diego, as well as CDBG funds, for the construction of a soccer field; and WHEREAS, specifications of the contract were written such that at the least the basic soccer field could be constructed within the means of funding; and WHEREAS, additive alternates were included in the specifications for bidding on items that compliment the field; and WHEREAS, funding is available for the additive alternates above what was needed for the base bid. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards additive alternates to the original contract with Ohno Construction. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute Change Order No. 3 with Ohno Construction in an amount not -to -exceed $159,161.20 for construction improvements for the El Toyon Soccer Field Project. PASSED and ADOPTED this 11th day of January, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO. 10 'EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to Agreement for Grant Funds in the amount of $100,000 from the County of San Diego extending the term of the Agreement to allow for the completion of a Soccer Project at El Toyon Park. PREPARED BY: Barby Tipton PHONE: x-4583 EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Development Services -Engineering Division APPROVED BY: APPROVED: APPROVED: Finance MIS No financial impact at this time. Funds have been deposited into 115 fund in the amount of $100,000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation Z. Third Amendment 3. Resolution On September 20, 2005, City Council approved a proposal to construct a soccer field in collaboration with the Boys and Girls Club. The initial funding of $125,000 was secured through the office of Supervisor Greg Cox and $73,046 of CDBG funds was allocated to the Boys & Girls Club to administer the project. In a letter to the City Manager, dated September 1, 2006, the Boys & Girls Club notified the City that they were unable to continue as partners in the project. In October 2006, the grant was amended and Council approved a resolution to reallocate the grant and the CDBG funds from the Boys & Girls Club to the City. On May 6, 2008, Council approved pursuing a synthetic turf playing surface in lieu of a natural field surface, therefore, on May 21, 2008, the City requested an extension of time to spend the grant funds. On September 16, 2008, Council accepted an additional grant in the amount of $100,000 for the construction of the soccer field. The City asked for an extension of time on November 13, 2009. This extension expired on June 30, 2010. On June 19, 2010, the soccer field construction bids were opened. The City anticipated that the construction would be completed by December 2010, and had asked for an extension of the grant with this amendment until January 31, 2011. Because the football field was being used until October 31, 2010, City Council approved extending the Notice to Proceed for construction until November 1, 2010. This action extended the completion date to February 2011. It is necessary to once again ask that the grant be extended until April 30, 2011_ Staff recommends adoption of the resolution for ratification of this amendment. THIRD AMENDMENT TO STANDARD) GRANT AGREEMENT BETWEEN "THE COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY This Third Amendment to Standard Grant Agreement between the County of San Diego and City of National City is dated on WHEREAS, on June 17, 2008 (17), the Board of Supervisors approved a $100,000 grant to City of National City (Grantee) for completion of the soccer field project in Kimball Park; and WI IEREAS, on September 26, 2008, the County of San Diego (County) and Grantee entered into the Standard Grant Agreement (Original Agreement) consistent with the Board of Supervisors' action; and WHEREAS, Grantee was unable to spend the grant funds by the end of the Term of Agreement; and WHEREAS, Grantee requested an extension of time to spend the grant funds; and WHEREAS, on November 13, 2009, County and Grantee entered into the First Amendment to Standard Grant Agreement to extend the Term of Agreement to June 30, 2010; and WHEREAS, Grantee was unable to spend the grant funds by that date and requested another extension of time to spend the grant funds. WHEREAS, on July 19, 2010, County and Grantee entered into the Second Amendment to Standard Cirant Agreement to extend the Term of Agreement to January 30, 201 1 ; and WHEREAS, Grantee requested an extension of time to spend the grant funds and requested authorization to use the grant for a different purpose; and WHEREAS, on October 19, 2010 (6), the Board of Supervisors approved the change in the purpose oldie grant. Cite of ational City 07-(J8CP NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree to amend the Original Agreement as follows: I . Paragraph 1 is amended to add the following sentence: Grantee may only use the grant for the construction of a football/soccer field at EI Toyon Park. 2. Paragraph 2 is amended to read as follows: The Term of Agreement shall he from the date the parties entered into the Original Agreement through April 30, 201 I. 3. Paragraph 3(b) is amended to read as follows: Grantee shall complete Documentation of Grant Expenditures setting forth Grantee's total actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County's administrator promptly after spending the grant funds, but in no event later than the end of the Term of Agreement specified above. If the County's administrator requests additional information regarding Grantee's expenditure of the grant funds, Grantee shall promptly submit the requested information to County's administrator. 4. Paragraph 3(f) is amended to read as follows: Grantee and County's administrator may agree in writing to extend the Term of Agreement to allow Grantee additional time to spend the grant funds for the purpose specified in Paragraph I. 5. All other terms and conditions in the Original Agreement remain in full force and effect. City oI Nltiorial t..J !i7-08CP WHEREFORE, the parties execute this Third Amendment on the date first written above_ COUNTY OF SAN DIEGO Bv: Ebony N. Shelton, Director Office of Financial Planning GRANTEE Bv: Date Print name and title By: Date Print name and title [Note: if Grantee is a California corporation, need one signature from each of the following two groups: I. Executive Group: President, Vice -President or Chairman of the Board; and 2. Management Group: Secretary, Assistant Secretary, Assistant Treasurer or Chief Financial Officer.] tiun;ii f it': {;7-{I8C1' RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO STANDARD GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY, FOR COUNTY GRANT FUNDS IN THE AMOUNT OF $100,000, EXTENDING THE TERM TO APRIL 30, 2011, TO ALLOW FOR THE COMPLETION OF THE SOCCER FIELD PROJECT AT EL TOYON PARK WHEREAS, on September 26, 2008, the City entered into an agreement with the County of San Diego to accept Community Enhancement grant funds in the amount of $100,000 for the construction of the El Toyon Park Soccer Field; and WHEREAS, the City and County entered amendments extending the term of the Agreement on November 13, 2009 and July 19, 2010; and WHEREAS, because more time is required to complete the Soccer Project, a Third Amendment to Agreement extending the term through April 30, 2011, is submitted for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third Amendment to Standard Grant Agreement between the County of San Diego and City of National City extending the term of the Agreement through April 30, 2011, to allow for the completion of the Soccer Field Project at El Toyon Park. Said Third Amendment to Standard Grant Agreement between the County of San Diego and City of National City is on file in the office of the City Clerk. PASSED and ADOPTED this 11th day of January, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO. 11 .. EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Fifth Amendment to Agreement for Grant Funds in the amount of $125,000 from the County of San Diego extending the term of the Agreement to allow for the completion of a Soccer Project at El Toyon Park. PREPARED BY: Barby Tipton PHONE: x-4583 EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Development Se ices -Engineering Di APPROVED BY APPROVED: APPROVED: Finance MIS No financial impact at this time. Funds have been deposited into 115 fund in the amount of $125,000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Fifth Amendment 3. Resolution On September 20, 2005, City Council approved a proposal to construct a soccer field in collaboration with the Boys and Girls Club. The initial funding of $125,000 was secured through the office of Supervisor Greg Cox and $73,046 of CDBG funds was allocated to the Boys & Girls Club to administer the project. In a letter to the City Manager, dated September 1, 2006, the Boys & Girls Club notified the City that they were unable to continue as partners in the project. In October 2006, the grant was amended and Council approved a resolution to reallocate the grant and the CDBG funds from the Boys & Girls Club to the City. On May 6, 2008, Council approved pursuing a synthetic turf playing surface in lieu of a natural field surface, therefore, the City requested an extension of time to spend the grant funds on May 21, 2008. Since then 2 additional extensions were requested and approved. The last extension expired on June 30, 2010. On June 19, 2010, the soccer field construction bids were opened. The City anticipated that the construction would be completed by December 2010, and asked for a extension of the grant with this amendment. Because the football field was being used until October 31, 2010, City Council approved extending the Notice to Proceed for construction until November 1, 2010. This action extended the completion date to February 2011. It is necessary to once again ask that the grant be extended until April 30, 2011. Staff recommends ratification of this amendment. FIFTH AMENDMENT TO STANDARD GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY This Fifth Amendment to Standard Grant Agreement between the County of San Diego and City of National City is dated on WI IEREAS, on October 24, 2006 (3). the Board of Supervisors approved a $125,000 grant to City of National City (Grantee) to complete the Arena Soccer Project sited at Kimball Park, located on 12th Street between "D" and "A" Avenues in National City; and WHEREAS, on March 19, 2007, the County of San Diego (County) and Grantee entered into the Standard Grant Agreement (Original Agreement) consistent with the Board of Supervisors' action; and WHEREAS, Grantee was unable to spend the grant funds by the end of the Term of Agreement; and WHEREAS, Grantee requested an extension of time to spend the grant funds; and WHEREAS, on May 21, 2008, County and Grantee entered into the First Amendment to Standard Grant Agreement to extend Term of Agreement to September 30, 2008; and WHEREAS, Grantee was unable to spend the grant funds by the end of the Term of Agreement and requested an extension of time to spend the grant funds; and WI IEREAS, on November 25, 2008, County and Grantee entered into the Second Amendment to Standard Grant Agreement to extend the Term of Agreement to May 31, 2009; and WI IEREAS. Grantee was unable to spend the grant funds by that date and requested another extension of time to spend the grant funds; and WHEREAS, on July 14, 2009, County and Grantee entered into the "Third Amendment to Standard Grant Agreement to extend the Term of Agreement to June 30, 2010; and WHEREAS, Grantee was unable to spend the grant funds by that date and requested another extension of time to spend the grant funds; and WHEREAS, on July 19, 2010, County and Grantee entered into the Fourth Amendment to Standard Grant Agreement to extend the Term of Agreement to January 30, 2011; and City of National L it`' (it;-07(1' WI IEREAS, Grantee requested an extension of time to spend the grant funds and requested authorization to use the grant for a different purpose; and WHEREAS, on October 19, 2010 (6), the Board of Supervisors approved the change in the purpose of the grant; and NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree to amend the Original Agreement as follows: 1. Paragraph 1 is amended to add the following sentence: Grantee may only use the grant for the construction of a football soccer field at El Toyon Park. 2. Paragraph 2 is amended to read as follows: The Term of Agreement shall be from the date the parties entered into the Original Agreement through April 30, 2011. 3. Paragraph 3(b) is amended to read as follows: Grantee shall complete Documentation of Grant Expenditures setting forth Grantee's total actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County's administrator promptly after spending the grant funds, but in no event later than the end of the Term of Agreement specified above. If the County's administrator requests additional information regarding Grantee's expenditure of the grant funds, Grantee shall promptly submit the requested information to County's administrator. 4. Paragraph 3(f) is amended to read as follows: Grantee and County's administrator may agree in writing to extend the Term of Agreement to allow Grantee additional time to spend the grant funds for the purpose specified in Paragraph 1. 5. All other terms and conditions in the Original Agreement remain in full force and effect. WHEREFORE, the parties execute this Fifth Amendment on the date first written above. COUNTY OF SAN DIEGO By: Ebony N. Shelton, Director Office of Financial Planning GRANTEE By: Date Print name and title By: Date Print name and title [Note: if Grantee is a California corporation, need one signature from each of the following two groups: I. Executive Group: President, Vice -President or Chairman of the Board; and 2. Management Group: Secretary, Assistant Secretary, Assistant Treasurer or Chief Financial Officer.] i.'it+ of National C'itl Qtri) C P RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIFTH AMENDMENT TO STANDARD GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY, FOR COUNTY GRANT FUNDS IN THE AMOUNT OF $125,000, EXTENDING THE TERM OF THE AGREEMENT TO APRIL 30, 2011, TO ALLOW FOR THE COMPLETION OF THE SOCCER FIELD PROJECT AT EL TOYON PARK WHEREAS, on March 19, 2007, the City entered into an agreement with the County of San Diego to accept Community Enhancement grant funds in the amount of $125,000 for the construction of the El Toyon Park Soccer Field; and WHEREAS, the City and County entered into amendments extending the term of the Agreement on May 21, 2008, November 25, 2008, July 14, 2009, and July 19, 2010; and WHEREAS, because more time is required to complete the Soccer Project, a Fifth Amendment to Agreement extending the term through April 30, 2011, is submitted for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Fifth Amendment to Standard Grant Agreement between the County of San Diego and City of National City extending the term of the Agreement through April 30, 2011, to allow for the completion of the Soccer Field Project at El Toyon Park. Said Fifth Amendment to Standard Grant Agreement between the County of San Diego and City of National City is on file in the office of the City Clerk. PASSED and ADOPTED this 11th day of January, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO. 12 EM TITLE: Resolution of the City Council of National City awarding a contract to MJC Construction, in the amount not -to - exceed $242,007.50 for construction improvements for the National City Parks ADA Access Upgrades & Park Garden, Specification No. 10-05 and authorizing the Mayor to execute the contract. (Funded by CDBG Funds) tt5)% PREPARED BY: Barby Tipton/Kenneth rnandez DEPARTMENT: Develop PHONE: 336-4583/4388 APPROVED Divisio EXPLANATION: See attached ngineering FINANCIAL STATEMENT: APPROVED:Finance ACCOUNT NO. APPROVED: ' MIS Funds are available in expenditure account numbers 301-409-500-598-6174 in the amount of $192,057.50 and 301-409-500-598-4130 in the amount of $49,950. ENVIRONMENTAL REVIEW: Exempt ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: I. Explanation >. Bid Opening Information Sheet 3. Bid Proposal Spreadsheet for the 3 lowest bidders 4. Resolution This project, The ADA Access Upgrades and Park Garden, Specification No. 10- 5, is a two -fold project. The Americans with Disabilities Act (ADA) Improvements will include handicap parking with van accessibility, sidewalks leading to previously installed ADA picnic tables, installation of and or updating of ADA pedestrian ramps, and updating of walkways (sidewalks) to meet ADA standards in El Toyon, Las Palmas and Kimball Parks. Secondly, at El Toyon Park we will install the basic items to start a Park Garden area where community members can plant, tend to and harvest flowers and or vegetables in the future. We will be installing ADA approved access gates, fencing and a pathway bordered by synthetic wood edging during this project phase. On November 22, 2010, 8 bids were opened. The apparent lowest bidder, MJC Construction, came in at $212,407.50. In addition, staff recommends the inclusion of Alternate Bid "C" in the amount not -to -exceed $29,600.00 for a 6-foot tall welded wire mesh fence system for the El Toyon Park Garden. Attached is a detailed Bidders' Proposal Worksheet for the three lowest bidders of this project. A contingency amount of $24,200.75 (10%) is requested to cover unforeseen changes. Staff recommends that the Resolution be adopted awarding the contract to MJC Construction and authorizing a 10% contingency for a total of $266,208.25 for the construction of the National City Parks ADA Access Upgrades & Park Garden, Specification No. 10-05. CALIFORNIA . h NA 'i'I0NMf rNCORPORATED BID OPENING SPECIFICATION NUMBER: 10-05 PROJECT TITLE_ NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN TIME: 3:00 P.M. DATE: MONDAY, NOVEMBER 22, 2010 ESTIMATE: $127,700 BASE BID, (ADDITIVE A, $107,670) (ADDITIVE B, S47,375) (ALTERNATE C, $46,420) AND (ALTERNATE D, $22,600) PROJECT ENGINEER: BARB)/ 'L IPTON NO BIDDER'S NAME (PACE 16-17) BID AMOUNT (PAGE 18-20) (Base, Additive A and 13) BID AMOUNT (Page 20-21 ) (Alt. C and D) ADDENDA (PAGE 16) BID SECURITY (PAGE 23-CHECK (PAGE 24 -BOND) MJC Construction 301 Sylvia Street Bonita, CA 91910 Base $96,682.50 A $85,995.00 B $29,730.00 C $29,600.00 D S32,200.00 1,2,3,4, 4A Bond $212,407.50 2- Palm Engineering 3770 Hancock Street, Suite H San Diego, CA 92110 Base $90,74250 A $83,702_30 B $45, I27.50 C $18,850.00 D $27,840.00 1,7,3,4, 4A Bond $219,572.50 3_ 3 D Enterprises 11300 Sorrento Valley Road San Diego, CA 92121 Base$118,140.00 A S109,400.00 B $ 31,010.00 C $19,000.00 D $24,460.00 1 2,3,4, 4A Bond $261,550.00 4. Team C. Construction 1272 Greenfield Drive El Cajon, CA 92021 Base $136,906.00 A $ 97,695.00 B $ 57,620.00 C $31,550.00 D $25,103.00 1,2, 3,4, 4A Bond 5292,22L00 5. Portillo Concrete 3527 Citrus Street Lemon Grove, CA- 91945 Base S132,840.00 A $106,365.00 B $ .00 C $34,400.00 D $25,960.00 1,2,3,4, 4A Bond 1, 5301,220 .00 6. Diamond Pacific 605 1 Amarillo Avenue La Mesa, CA 91942 Base $165,587.74 A $105,770.22 B $ 38 727.89 C $31,154.06 D $24,825.00 1,2,3,4, Bond $319,0s5.85 7. Scheidel Contracting and Engineering P.O. Box 1796 La Mesa, CA 91944 Base $143,102.50 A $ 98,487.50 B $ 74,966.00 C $33,775.00 D $26,426.00 l,? 3,4, 4A Bond $316,556.00 8. New Century Construction 9119 Emerald Grove Avenue Lakeside, CA 92040 Base $168,527.50 A $109,365.00 B $ .00 C $18,680.00 D $36,200.00 1,2,3,4, 4A Bond $319,097097.50 1 CITY OF NATIONAL CITY - BID SUMMARY PROJECT NAME NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN SPECIFICATION N'0. 10-05 FILE NO.: BID DATE: MONDAY, NOVE.MBER 22, 2010 ((C. 3:00 PM APPARENT LOW BIDDER: MR' Construction LOW BID AMOUNT (BASE+A+BL S212,407.50 ENGINEERS ESTIMATEjASE+A+B): $282,745 PROJECT NO. 6174 SIGNATURE CHECKLIST SUsco97OACTORS ALL SIGNATURES ARE AFFIXED Sulcc,6' RACTORs TYPE & AMOUNT OF BOND BOND or CHECK ADDENDUMS TO BE ACKNOWLEOG AFFIDAVIT DISCLOSURE ADDENDUMS 1' 22322010 YES SIONATURL YES SIGNATIIRH YES NONE SUBCONTRACTORS Crown Fence SUBCONTRACTORS Staiewtde .Stripes NOAE SIJSCON"'RAC"fORS On -Line Striping SU©CONTRACTORS CIA YES(BOND) 'BOND CHECK 'ES(BOND) BOND CHECK YE (BOND) AFFIDAVIT DISCI 04I114E 1, 2,3,6,&4A ADUFNDLIMS AFFIDAVIT DISCLOSURE 3, 4, & 4A ADDENDUMS 1 2.3. & 4A NO. ITEM i CTY. Engineer's Estimate UNIT UNIT COST TOTAL 1 1 2 3 ,MJC Construction 3015 Sylvia St., Bonita, CA 91902 619.472.5619 UNIT COST 1 TOTAL I'uln, Retie,:ring Construction 3770 Hancock St, Ste H, SD, CA 7211n 619.291.1495 UNIT COST TC'.A_ 3-1) Enterprises, Inc. 11300 Sorrento Vlv Rd n255. SD, CA 921 858-202-0410 UNIT COST OTAL AVERAGE (3 LOWEST BIDDING CONTRACTORS OLT OF A TOTAL OF 8 DNIT COST TOTAL BASE BID: I MobiuzatIon 1 LS $ 10000.0 $10,000.00 55000GO S5000.01) 530,0000 $3,000120 $6,000 CG St, .COO 0O $'4,99. 67 $46t667 2 Removal and Re placenle:,t c14"stuck sidewalk 3,315 SF $ 7.56 $25,G125C $450 S15,007.50 $550 $18,342.50 $9.00 530,01500 $6.33 $21,121F7 3 Remova! and Replacement oho' thick stdewalk 550 5F $ 8. 50 $7,225 00 S6 00 $5 [00.00 $5 50 $5,525 00 310 00 $8,500 CO $7 5C $6,3 75.00 4 Removal and Replacement ol'pedestnen ranps 4 EA $ 2,200.00 $8 8C0 00 $I 75000 $7,C000f) S2,200 00 S8,800 00 $2,600.00 110,400 00 £2 183 33 48,711 33 5 New 4" Thck Sidewalk 4 795 SF S 6.00 S28,770.00 $5 CO S23,975.00 15A0 323,975.00 $5 00 $23 675 00 $5.00 523.975.00 6 New pedestrian ramps EA S 2,200.00 S15,4CODO $1,5000C $10,500.00 $1,100DO $7,700.06 SI,30000 $D_I 00.00 S1,30000 8' '00 7 New 6" sidewalk ede curb 400 LF $ 25.00 $10 000 00 £ 10 00 $4 000.0C $12.0C $4 8C0.00 $10 GO $4 000.00 $10.67 54 266.67 8 New galvanized metal hand rail 400 1 LF $ 25.00 S10,000 00 $45.00 $18,000.00 $30. 00 S12,000.00 $45.00 $18,000 00 $40.00 $16,000.00 9 Repave,reatripe, and sign ADA Accessible parking spaces 9 EA $ 1,000rDO $9,00C.00 $500 CO $4,500.00 $30000 $2,700.00 $350.00 $3,1500C 4383.33 32,45000 10 New 6' wide ADA Accessible chew link sate wl lockable latch (West of U Street) 1 EA $ 1,000 00 $1,000.00 $1.600.00 31,600 DO $1.90C 00 S1,900 00 $2,000DG 32,000 DO $1,833..13 $1,833.33 11 Water quality control 1 LS $ 2,500 00 $2,500 00 $2,000 00 $2,000 00 $2.000 00 $2,000 00 $3 000 00 S'3,000 00 $2,333 33 S2,333. 33 BASE BID SUBTOTAL $127 707.50 $96,682.50 $90,742.80 $118,140.00 $101,85$.00 Additive Bid "A" (Kimball Park): 'A Removal and Replacement of 4' thick sidewalk 600 5F $ 7.50 $4 500.00 S6 00 $3.600.00 $5 50 $3,300.00 $9 DO 55,400 00 $6 83 $4,1 D0.00 2A Removal and Replacement of 6" thick sidewalk 7 585 SE S, 8.50 $64,472 50 $7 00 $53,095 00 $6 50 $49 302 50 510 00 $75 850 00 $? 83 $55.415.83 3A Removal and Replacement of pedestna, ramps 4 EA 1 $ 2,200.00 $8,800 CO 51. 500 00 $6,000.00 32,200.00 $8 SU0.00 12,600 OD $:0,400 00 52,100 GO $8,100.00 4A New 4"Thick Sidewalk 200 SE $ 6.00 $1,20000 $8.00 $1,900.00 $5 00 $:000.00 $5 00 $. 000.00 $600 $1,200.00 5A New pedestrian ramps 5 EA. $ 2,20000 311000.CO $1,500.00 $7,500.00 S2,00000 $10000.00 S1,30000 $6,600.00 11,900 00 $8,000G0 6A New ADA detectable domes on 6" thicki'CC IOC SF $ 15.00 $1,500.00 $20.00 $200000 535.00 31,500.00 $40. 00 $400000 $31. 67 33,16067 7A Cross gutter 85C 50 $ 1800 315,30000 012.03 $10,20000 $800 $6,800.00 0700 $5,250 CO 09.00 57,65000 BA Water • uainv control 1 LS $ 90000 $90090 $2000G0 $2000.00 $10000G, $I 000.00 $i 00000 $1 GOD 00 aI 333.3I $I33333 Additive Bid "A" SUBTOTAL, $107,672.50 S85,995.00 $83,702.50 $109,400.00 $93,265.83 Additive Rid "B" (El Tovea Park Garden): I Clearing and Grubbing IS S 10,00000 S10,000 00 $2,00000 $2000.00 $2,50000 $2,SC000 $2,000,00 $2,03000 $2,1GO 67 S216667 38 New 6' chain link fencin: 620 LF $ 25.00 $15 500 D0 525.GO $15 500.00 $2 % 50 517 050.0C 323 00 414,260 00 $25 17 S15 633. 33 48 6 wide ADA Accessible chat, Ink gates with lockable latch 2 EA S. 600.00 $1,200.00 S2,000.00 $4,000 DO S 1,800 00 $750.00 $1,500 00 5I '< 16 67 $2,433 "3 513 12' chain link 4ate wlthlockable latch I EA $ 1,10090 S1,1000D $2,50000 $2,500.DO S1,90000 S2,000.00 S2.000 00 $2,133.3, '2. 133_'3 69 4" thick compacted decomposed ran,te 3 G00 Si' $ 2 50 S9I000 00 $1 20 $4,320 00 515,000 00 $2.00 57,200 00 $2 73 59,840 00 7B Synthet'.c wood edging iur decommposed grani te ADA path 705 LE $ 15 00 $ I 575.00 $2 DO $1,410'30 S3 377 50 S10 00 $7. 05C 00 $5 83 112 50 Additive Bid 'B"SUBTOTAL 547.375,00 $29730,00 $45127.50 $34.010.00 536 89.17 L 1 I Y OF NATIONAL. CITY - BID SUMMARY PROJECT NAME: NATIONAL CITY PARKS ACA ACCESS UPGRADES & PARK CARDEN SPECIFICATION NO 10.05 PROJECT NO 6.174 11/22/2010 FILE NO,: 0TY. CHECKLIST ALL SIGNATURES TYPE & ADDENDUMS UNIT ARE AMOUNT OF TO BE Engineers SIGNATURE YES SIUNATUR6 YES SIGNATURE VHS suoccNTIUCTORS NONE SUBCONTRACTORSGown Fence SUBCONTRACTORS Statewide Stones AFFIXED 606CCNT0AC'oos NONE SUBCONTRACTORS OnLme Striping SUBCONTRACTORS N/A BOND BOND or CHECK YES (BOND) BOND CHECK YES (BOND) B09D CHECK YES (BOND) ACKNOWL_DG AFFIDAVIT -AFFIDAVIT ASTIDAVIT DISCLOSURE DISCLOSURE DISCLOSURE , _.... ADDEND'ULIS _, e t, 4, & 4A ADDENDUMS I, 2, 3, 4, & 4A :ADDENDUMS I, 2, 3, 4, Sc 4A BID DATE: MONDAY, NOVEMBER 22, 2010 p 3:00 PM APPARENT LOW BIDDER: MJC Construction LOW BID AMOUNT BASEeA,B : S212,407,50 ENGINEERS ESTIMATESBASE+A+B); S282,745 3 NO. ITEM Estimate MJC Construction 301S Sylvia SI., Bonita, 619.472.5619 UNIT COST CA 91902 Palm Engineering Construction 1341) Enterprises, Inc. 3770 Hancock St, Ste 8, SD, CA 92110 11300 Sorrento Vly Rd 925$, SI), CA 9211 B19.291-1495 858.202.0410 AVERAGE BIDDING CONTRACTORS 1 OCT OF A UNIT COST (3 LOWEST TOTAL OF 8 UNIT COST TOTAL TOTAL UNIT COST TOTAL UNIT COST TOTAL TOTAL Alternate Bid "C" (El Tovon Park Gorden Fence): 1C 6' tall welded wire mesh fence 620 LF $ 6800 S42,15000 530.00 S1860000 $25.00 SI 5,50000 $25C0 115,30000 526.67 $16,533. 33 2C Weldec wire mesh 6' wide ADO Accessible gates with lockable '.etch 0 EA $ I.000.OU $2,000 OC $3,000.00 $6,0020u ggOU.00 $1,600.00 $>50 CO $1,30000 $1,316.67 • $3,033.33 3C Weldec wire mesh 12' double gate with lockable latch I EA $ 2 26C 00 $2,260. 00 $5 000.00 $5 000.00 $1,750 00 51,75C. D0 $2,000 00 $2,000.00 $2,915 67 $2,916.67 Alternate Bid "C" SUBTOTAL S46,42400 $29,600.00 $18,850.00 $19,000,00 S22,483.33 Alternate Bid "D" (El Tovon Park Garden Fence): I D 2D 3D 6' tall vinyl coated chain link fence 620 LF $ 30.00 515,600 00 $40.00 $24,800 00 $3 7.00 $22,940.0) $33 00 $20 460 00 $36 67 S22,731.33 6' wide A'JA Accessible vinyl coated chau', link gate with lockable latch 2 EA $ I,00000 $2,00000 $2,300.00 14,600 00 SI20000 $2,400.00 $I.oac00 $2 000 00 $1,500 0C $3,000.00 12 wide vinyl coat, chit link double role with lockable latch 1 EA $ 222000000 $2A0C.00 $2, 80000 S2,8UC UU $2,500.00 52,50000 $2 000 00 $2,000 Cu $2.433 33 $2,433.33 Alternate Bid "D" SDBTOTAL $22,600.1(0 53h200.00 527,840.00 $24.460,00 $28,166.67 RID TOTAL (Based on sun at Base Bid, Add. A and Add. 13) S S282,745 $212,407.50 S219,572.50 S261,550.00 5231,410,00 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO MJC CONSTRUCTION COMPANY IN THE NOT -TO -EXCEED AMOUNT OF $242,007.50 FOR CONSTRUCTION IMPROVEMENTS FOR THE NATIONAL CITY PARKS ADA ACCESS UPGRADES AND PARK GARDEN PROJECT WHEREAS, the Engineering Department, in open session on November 22, 2010, did publicly open, examine, and declare eight sealed bids for construction improvements for the National City Parks ADA Access Upgrades and Park Garden Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for construction improvements for the National City Parks ADA Access Upgrades and Park Garden Project to the lowest responsive, responsible bidder, to wit: MJC CONSTRUCTION COMPANY BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the not -to -exceed amount of $242,007.50 with MJC Construction Company for the National City Parks ADA Access Upgrades and Park Garden Project Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council authorizes the additional appropriation of 10% of the contract amount not -to -exceed $24,200.75 be allocated for contingencies. PASSED and ADOPTED this 11th day of January, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO. ' 13 EM TITLE: ;Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase from TriTech Software Systems of the Mobile Computer Aided Dispatch (CAD) licensing, software and hardware for an amount not to exceed $30,000.00 from Citizen Option for Public Safety (COPS) grant 2010. PREPARED BY: Lieutenant Lanny Roark PHONE: 336-4524 EXPLANATION: I he mobile GAD will be utilized in, the police department's mobile command vehicle. The mobile CAD will allow for police dispatch capabilities using the same system currently in use in the police station's communication center. Mobile CAD capabilities in the mobile command vehicle expands the ability to dispatch, track and record police units from remote locations, provides a redundant system for emergency back up purposes and allows for an additional dispatch station for critical events, emergencies or otherwise heavy deployment of police resources. TriTech is the National City Police Department's sole provider of police dispatching software. The TriTech mobile CAD is a peripheral add - on to the department's existing communications dispatching system and the only one compatible with the existing system. The requested system is proprietary to TriTech. National City Municipal Code 2.60.220 allows for the waiving of bidding requirements when the commodity or service to be procured is required to integrate with or be compatible with existing furnishings, materials, systems, programs or iipment and the procurement can be timely made from a manufacturer or supplier who has iviously satisfactorily supplied the particular commodity or service or when the commodity can be obtained from only one source and there is -no adequate substitute. DEPARTMENT: Police ce APPROVED BY: FINANCIAL STATEMENT: `APPROVED: ACCOUNT NO. 208 411 911 515 op APPROVED: To be purchased with previously approved COPS 2010 grant funds ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Staff recommends the bidding requirements be waived and the requested purchase be authorized. BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: Tech quote for mobile CAD system. RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS PURSUANT TO SECTION 2.60.260 OF THE MUNICIPAL CODE, AND AUTHORIZING THE PURCHASE OF MOBILE COMPUTER AIDED DISPATCH (CAD) LICENSING, SOFTWARE, AND HARDWARE FOR THE POLICE DEPARTMENT FROM TRITECH SOFTWARE SYSTEMS FOR THE NOT -TO -EXCEED AMOUNT OF $30,000 FROM THE CITIZEN OPTION FOR PUBLIC SAFETY (COPS) GRANT 2010 WHEREAS, a mobile CAD, to be used in the Police Department's mobile command vehicle, will allow for police dispatch capabilities using the same system currently in use in the police station's communication center; and WHEREAS, such capabilities in the mobile command vehicle will expand the ability to dispatch, track and record police units from remote locations, provide a redundant system for emergency back-up purposes, and allow for an additional dispatch station for critical events, emergencies or otherwise heavy deployment of police resources; and WHEREAS, TriTech Software Systems is the provider of the City's police dispatching software; and WHEREAS, the TriTech mobile CAD is a peripheral add -on to the Police Department's existing communications dispatching system, and the only one compatible with the existing system provided by TriTech, who is the sole -provider of the software; and WHEREAS, Section 2.60.220(B) of the National City Municipal Code provides that the Purchasing Agent may dispense with the requirements of bidding when the commodity can be obtained from only one vendor, and the Purchasing Agent has in this case made such determination. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the bid process and authorizes the purchase of mobile computer aided dispatch (CAD) licensing, software, and hardware for the Police Department from TriTech Software Systems for the not -to -exceed amount of $30,000 from the Citizen Option for Public Safety (COPS) Grant 2010. PASSED and ADOPTED this 11th day of January, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney rn "11 TiA'dA:aeE 5'1T3 Sales Proposal General & Client Information Client Name] National City Ponce Deparbnent System Description_ ( Citrix Sales Order MJ TBD Client Purchase Order ki_--._ _. Client Purchase Order Date Client Contact:; Dave Noteware -_-__._-- Contact Phone 619_336.4509 Contact Email Address: dnoteware@ci.nationai-city.ca.us Credit Terms: 1 Net 30 days from date of invoice Client Account Manager:1 Ken Schulte Project Manager TBD roject Products & Services Sales Category ;Item Descnplon to: City of National City 1243 National city Blvd National City, CA91950.4570 Ship to: Same Unit P Otr and Extended Price CAD Mobile Command Vehicle License CAD Citrix Integration Module License 1 ! Support One Year Support &. Maintenance Services Citrix Server Configuration R Testing I Services 'Chris Workstation Configuration & Testing 1 j Services Project Management HW/3rd Pty SW HEWLETT PACKARD : ProLiant VL160G6 rackmount,jl)Xeon j Processor E5506 2.13GHz,80W,4MB Level 3 cache.5GB UDIMM (3x2GD) 2Rx8 PC3-10600R-9,HP P212/255 MB Smart Array,(2)250GB SATA T.2K NHP 3.5in HDD,DVD RW Drive,500W high efficiency multi ciqpu--- ------------ - - __--- ----- `---- 2,450.00 2,459.00 1 HW/3rd Pty SW Towndrve 2008 Standard Gov w/Software Assurance el --... - - -- 1 eflower supply __-- 1 990,00� 99040 1 I HW13rd SW Windows Terminal Services Gov CAL Device wlSoflware Assurance i , (electronic delivery) I -._....._ 115.001 115.00 1 I HW/3rd Pty SW Chris XENAPP Advanced w/Software Assurance - 1 Concurrent User r (electronic delivery) 455.001 455.00 i I HW/3rd Pty SW Citnz XENAPP 5.0 Media Kit 52.001 52,00 1 /..-. Other Server Shipping -._.._ -.... -..._ ... __.... -. 50.00, 50.00 3,000.00i 3,000.004 15,000.001- _... 15,000.00 3,960.00! _-- 3,960.00, 2,800.00, 2,800.00 675.00; 875.00 r 1,SOD.00' 1,500 3,000.00 -1,SOO.pO�. 13.500.00 '-- Totak 3,960.00 2,800.00 815.00 1,500.00 2,459.00 999.00 116.00 455.00 52.00 ........... 50.00 29,748.00 in Tech Software Systems 9860 Mesa Rim Rd, SD, CA 92121 858-799-7000 Confidential and Pvpdelaty Page 1 d 3 Quotation Date:I 11.16.10 -crop r!,n..� ra �r�e..tro Sates Proposal Quotation #: 2148K8-03 Project Summary 8 Totals TriTech CAD Software 18 500.00 4. TriTech IMerfata Software '_ TriTech Mobile Software - HW/3rd Pty SW 4,063.00 tSupport HW/3rd Pty SW I i - S Subcontract I , TriTech Services 11 5,176.00 TriTech Annual Support & Maintenance __.. _.... _._.. ; 3,960.00 i.._. Other 1 r. i .50.00 Subtotal: i $ 29,748.00 Estimated Sales Tax (State: at Taxable sales: 2,502.00 Sales tax rate: 1 9.75% 1 $ 243.95 _ _%) Estimated Shipping 1 $ - Total:: I $ 29,991.95 Project Payment Terms: Net 30 days front date of invoice 100H. I AS Hardware, 3rd party Software, Shipping and Sales Tax Due on Order $ 4,356.95 50./. , TriTech Software and Services Due on Order T _j I ; S 12,617.50 SO% TriTech Software and Services Due at Installation $ 12,817.49 -1- l Total Payments: $ 29,991,94 • • TriTech Soflware Systems 9860 Mesa Rim Rd, SD, CA 92121 858-799-7000 Confidential and Proprietary Page 2 of 3 -111=I rEc I --I Sates Proposal Quotation #: 2148KS-03 i Quotation Date:I 11.16.10 Summary Information & Project Notes • All TriTech configuration services MN be remotely. performed Send Purchase Orders to: • All TriTech services will be performed during normal TriTech business hours. • Synnex Is responsble for Instaaing OS for the TriTech provided hardware and drop shipping directly to National City. • The quoted server is only intended to support up to three Chris users. If additional Minx users are need additional RAM will be required for the server. .—_ ____.____ -.—.____—. Remit Payments to:. Quotation Issued by Kenneth Schulte t Phone J f720 379 3900 Email: ' _ jkenschultegitrrtech.com Terms and Conditions This Quotation is valid for 60 (sixty) days and is subject to the terms of your TriTech System System Purchase Agreement between TriTech and Client shall govern the additional TriTech software accordance with the Software Support Agreement between TriTech and the Client. The quotation for the express purpose of selection and purchase/license. Any estimated sales and/or use tax has convenience for budgetary purposes. TriTech reserves the right to adjust and collect sales and/or or pays state taxes directly, then prior to invoicing, your organization must provide TriTech with a copy authority for the given jurisdiction. Travel and out-of-pocket expenses will be invoiced as incurred, at actual cost, unless specifically itemized TriTech Software Systems _ - - PO Box it871]92 ----- Dallas, TX 75267.1392 I Purchase Agreement. The software licensing provisions of the licenses purchased here under. Support will be provided in information is proprietary and may not be copied or released other than been calculated as of the date of quotation and is provided as a use tax at the actual date of invoicing. If your organization is tax exempt of a current tax exemption certificate issued by your states taxing in the quotation_ 3y signing below, you are indicating that you are authorized to obligate funds for your organization. To activate your order, check the appropriate box below ind, either, (i) attach a copy of this quotation to your purchase order when it is remitted to TriTech, or, (ii) if no additional authorizing paperwork is required or your organization to accept and pay an invoice, sign below and fax this quotation to 858-799-7015 or email to safesadmin@tritech.com to indicate your acceptance. la Purchase Order required and attached, reference PO# on invoice ?' U No Purchase Order required to invoice 1. ; 1 Please check one of the following '-I ❑ agree to pay any applicable sales tax -. LL I am tax exempt. Please contact me if TriTech does not have my current exempt information on file, r i a Accepted for Client i_ National City Police Department - I Client Agency/Entity Name Print Name Title i Client Authorized Representative---- t--- - - -_-- Signature i ,Date _ Client Authorized Representative i To7ech Software Systems 9860 Mesa Rim Rd, SD, CA 92121 858-799-7000 Conedeneal and Proprietary Page 3 of 3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11th, 2011 AGENDA ITEM NO. I4 EM TITLE: Warrant Register #21 for the period of 11/17/10 through 11/23/10 in the amount of $436,123.78 PREPARED BY: !K. Apalategui DEPARTMENT: in ce PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/17/10 through 11/23/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Public Emp Ret System 239268 $250,238.23 Employee Ret Service Period 11-10-4 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $436,123.78 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #21 Warrant Register_#21 11/23/2010 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 166 NUTRITION 212 PERSONNEL COMPENSATION FUND 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 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 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 275,672.59 3,184.72 55.32 5,726.24 240.35 17,589.49 5,134.06 15,614.99 5,603.90 3,521.67 733.35 25,623.91 7,200.22 8,611.95 210.00 31,965.58 87.25 6,600.00 14,159.19 1,241.31 6,052.69 1,295.00 436,123.78 PAYEE SDG&E BRG CONSULTING, INC COOPERS PLUMBING & HEATING DIXIELINE BUILDERS EQUIFAX INFORMATION SVCS FEDEX LASER SAVER INC LOPEZ PRO BUILD PRUDENTIAL OVERALL SUPPLY SMART SOURCE OF CALIFORNIA LLC STAPLES ADVANTAGE SWEETWATER AUTHORITY ABCANA INDUSTRIES ALL FRESH PRODUCTS AUSTIN DOORS BAVENCOFF BEDCO TRUCK EQUIPMENT BLACKIE'S TROPHIES AND AWARDS BONSUISSE INC BOOT WORLD BRENNTAG PACIFIC INC BURN INSTITUTE CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CARQUEST AUTO PARTS CDWG CHEVRON & TEXACO BUSINESS CARD CHILDREN'S HOSPITAL CPRS D MAX ENGINEERING INC DION INTERNATIONAL TRUCK INC. DREW FORD ENVIRONMENTAL HEALTH COALITION FERGUSON ENTERPRISES INC FLEET SERVICES INC GLOBAL PRESENTER GRAINGER HAMILTON MEATS & PROVISIONS I-IdL COREN & CONE HONEYWELL INTERNATIONAL INC IKON OFFICE SOLUTIONS INSTITUTE OF TRANSP ENGINEERS J & M KEYSTONE INC JERAULDS CAR CARE CENTER JJJ ENTERPRISES JUDD ELECTRIC KONE LASER SAVER INC 1C1'1FiP6R�TED -% WARRANT REGISTER # 21 11/23/2010 DESCRIPTION GAS & ELECTRIC SERVICE/NUTRITION DOWNTOWN SPEC PLAN AMENDMENT TEST OF BACKFLOW ASSEMBLY CONSTRUCTION SVCS/CASA FAMILIAR INFORMATION SERVICES / SEC 8 ANIMAL SHELTER COSTS FOR FY 2011 MOP# 45725_ INK CARTRIDGES / SECS TRANSLATION SERVICES / CDC MOP# 45707. PAINTING SUPPLIES/NSD MOP 45742 LAUNDRY SERVICE MOP 63845 BUSINESS CARDS MOP# 45704. OFFICE SUPPLIES / SEC8 WATER UTILITIES FOR CDC POOL CHEMICALS FOOD FOR NUTRITION CENTER DOOR REPAIRS/REPLACEMENTS REPLACE DAMAGED WEAPON BERNHARD SLAM LATCH W/KEY/LOCK MOP 67727 AWARD PLAQUES MILK AND DAIRY DELIVERY FOR NUTRITION MOP 64096 WEARING APPAREL POOL CHEMICALS BURN INSTITUTE'S REIMBURSEMENT BREAD DELIVERY -NUTRITION CENTER MOP 45698 ELECTRICAL MATERIAL MOP 47557 AUTO PARTS A/G TREND NEATEST ANTIVIRUS RENEWAL MOP 45699 GAS CHILD ABUSE EXAMS MEMBER RENEWAL 12/2010-11/2011 DEPOSIT#1420 PLAZA BLVD CNTR 2033902C92 WASHER FLUID MOP 49078 AUTO PARTS MAKING NAT CITY HEALTHY HOMES MOP 45723 PLUMBING MATERIAL MOP 67804 AUTO PARTS YAMAHA DIGITAL SOUND PROJECTOR BAR MOP 65179 BUILDING MATERIAL MEAT DELIVERY CONT SVCS PROP TAX OCT-DEC 2010 CITY-WIDE HVAC WORK COPIER MAINTENANCE & SUPPLIES TRAFFIC ENGINEER MEMBERSHIP RESTORATION & ABATEMENT SPARK ARRESTOR SMOKE ALARM REPAIRS ELECTRICAL EMERGENCY REPAIRS EMERGENCY ELEVATOR REPAIRS MOP 45725 INK CARTRIDGES 1/2 CHK NO DATE AMOUNT 239201 11 /18/10 1,551.31 239202 11/23/10 9,950.49 239203 11/23/10 70.00 239204 11/23/10 32,824.13 239205 11/23/10 56.22 239206 11/23/10 53.83 239207 11/23/10 315.16 239208 11/23/10 210.00 239209 11/23/10 405.97 239210 11/23/10 41.61 239211 11/23/10 229.38 239212 11/23/10 132.59 239213 11/23/10 169.64 239214 11/23/10 438.78 239215 11/23/10 6,880.07 239216 11/23/10 1,678.69 239217 11/23/10 1,458.33 239218 11/23/10 74.36 239219 11/23/10 440.44 239220 11/23/10 725.38 239221 11/23/10 107.64 239222 11/23/10 704.16 239223 11/23/10 795.90 239224 11/23/10 480.00 239225 11/23/10 . 368.23 239226 11/23/10 432.30 239227 11/23/10 6,600.00 239228 11/23/10 119.15 239229 11/23/10 2,440.00 239230 11/23/10 160.00 239231 11/23/10 1,295.00 239232 11/23/10 74.34 239233 11/23/10 104.95 239234 11/23/10 4,808.00 239235 11/23/10 207.24 239236 11/23/10 177.73 239237 11/23/10 2,625.73 239238 11/23/10 1,118.08 239239 11/23/10 2,721.80 239240 11/23/10 2,400.00 239241 11/23/10 315.12 239242 11/23/10 87.25 239243 11/23/10 272.00 239244 11/23/10 1,961.55 239245 11/23/10 210.19 239246 11/23/10 1,260.00 239247 11/23/10 600.00 239248 11/23/10 1,027.20 239249 11/23/10 423.72 PAYEE LAW OFFICES OF DON DETISCH LEXIS-NEXIS MAN K-9 INC. MASON'S SAW & MEYERS/NAVE LAW CORP MUNICIPAL CODE CORPORATION NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY ROTARY CLUB PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PARKHOUSE TIRE PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO STREET LIGHTING INC. PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM R.J. SAFETY SUPPLY RELIABLE SPRING & SUSPENSION SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO SPEEDO TACH, INC. SASI SMITH SOUTH BAY COMMUNITY SERVICES ST BERNARD SOFTWARE STAPLES ADVANTAGE STRATACOM SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LIGHTHOUSE INC TOPECO PRODUCTS U S BANK SERVICE CENTER UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WHITE WILLY'S ELECTRONIC SUPPLY ZOLL MEDICAL CORP Special Payroll isc.oRponivrso WARRANT REGISTER # 21 11/23/2010 DESCRIPTION FOR PROFESSIONAL SERVICES/THE PLAZA LEXIS-NEXIS ONLINE LEGAL RESEARCH TRAINING FOR K9 - OCT 2010 MOP 45729 MATERIALS & SUPPLIES MOU NEGOTIATIONS MUNICIPAL CODE SUPPLEMENT #30 MOP 45735 AUTO PARTS CAR WASHES FOR CITY FLEET N C ROTARY CLUB STATEMENT SMOG CERTIFICATION & REPAIRS JANITORIAL SUPPLIES FOR NUTRITION 700X12 F LANDE SD2000 INDLUG TIF LABOR, CHECK BAS & BRAKE LIGHT MOP 67839 AUTO PARTS 6' BANQUET TABLES W/FOLDING LEGS KEYLESS ALARM INSTALL ON NCIS VEH KNIFE SHARPENING SERVICES MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 11-10-4 #EAL3000357 NEMESIS BLACK FRAME PLATES BASIC TRAFFIC INVEST COURSE REGIONAL OFFICER TRAINING SPEEDOMETER CALIBRATIONS PROCESSING CHARGES 11/10 - 01/11 STATE RECERTIFICATION CARD PERSONNEL SVCS-QTR ENDING SEPT 2010 100H (PRISM APPLIANCE MOP 45704 OFFICE SUPPLIES -PO MOP 63845 BUSINESS CARDS FACILITIES WATER BILL FOOD & CONSUMABLES MOP 45726 AUTO PARTS MOP 63849 AUTO PARTS CREDIT CARD CHARGES/FIRE SWEEPER REPAIRS MOP 46453 PLUMBING MATERIAL ER ANIMAL CARE FOR STRAY MISC JANITORIAL SUPPLIES LEGAL PUBLICATION 10-05-10/11-04-10 ARTE SANA NAT CONFERENCE MOP 45763 OFFICE SUPPLIES (3) AUTOPULSE ONE YEAR 2/2 CHK NO DATE AMOUNT 239250 11/23/10 3,521.67 239251 11/23/10 427.38 239252 11/23/10 800.00 239253 11/23/10 589.39 239254 11/23/10 9,927.50 239255 11(23/10 306.29 239256 11/23/10 936.78 239257 11/23/10 164.00 239258 11/23/10 10.00 239259 11/23/10 534.05 239260 11/23/10 83.69 239261 11/23/10 139.11 239262 11/23/10 950.47 239263 11/23/10 239.81 239264 11/23/10 3,178.32 239265 11/23/10 470.82 239266 11/23/10 92.00 239267 11/23/10 227.98 239268 11/23/10 250,238.23 239269 11/23/10 49.59 239270 11/23/10 159.18 239271 11/23/10 104.00 239272 11/23/10 26.00 239273 11/23/10 112.00 239274 11/23/10 228.00 239275 11/23/10 189.40 239276 11/23/10 15,553.99 239277 11/23/10 11,533.46 239278 11/23/10 1,864.46 239279 11/23/10 494.98 239281 11/23/10 20,197.93 239282 11/23/10 5,010.61 239283 11/23/10 816.85 239284 11/23/10 53.27 239285 11/23/10 2,040.34 239286 11/23/10 634.70 239287 11/23/10 273.75 239288 11/23/10 45.00 239289 11/23/10 2,056.42 239290 11/23/10 1,155.22 239291 11/23/10 61.00 239292 11/23/10 51.01 239293 11/23/10 3,837.41 DATE 11/17/2010 GRAND TOTAL A/P Total 430,989.72 5,134.06 $ 436,123.78 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11th, 2011 AGENDA ITEM NO. 15 EM TITLE: Warrant Register #22 for the period of 11/24/10 through 11/30/10 in the amount of $3,502,548.02 PREPARED BY: K. Apalategui DEPARTMENT:i PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/24/10 through 11/30/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor City of San Diego ATP Engineering Health Net Kaiser Foundation n—ject Design Consult FINANCIAL STATEMENT: ACCOUNT NO. N/A Check 239294 239318 239349 239361 239389 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: Amount 1,204,458.00 809,504.45 66,387.09 131,543.28 52,915.84 FINAL ADOPTION: APPROVED. APPROVED: Explanation Wastewater Charges Street Resurfacing. Project Health Ins H0067A Dec 2010 Kaiser Ins Active Dec 2010 Consultant Services Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $3,502,548.02 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #22 colfrc t/a - Warrant Register #22 11/30/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE 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 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS GRANT 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 296 ENGINEERING DEPT GRANTS 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 346 PROP 1 B FUND 502 SECTION 8 FUND 505 HOME 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 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 905,363.42 24,384.28 17,734.38 69,538.82 839.16 1,238,731.60 3,635.39 930.00 196.21 748.37 53,676.16 10,455.98 2,372.97 452.20 1,452.67 761.46 1,170.78 8,605.62 35, 589.76 1,295.00 6,021.23 8,185.01 7,504.75 27,237.14 331.11 1,039.98 27,703.09 26,683.30 912,534.96 4,102.11 26,018.57 832.82 2,183.35 24,323.79 14,220.01 16,375.32 12,631.65 6,685.60 3,502,548.02 1/3 PAYEE CITY OF SAN DIEGO BEST BEST & KRIEGER LLP DESROCHERS DIXIELINE BUILDERS LASER SAVER INC LOLA HAPPY BAKERY N C CHAMBER OF COMMERCE OPPER & VARCO POWER PLUS SAN DIEGO HOUSING COMMISSION SDG&E STRADLING YOCCA CARLSON & TIERRA WEST ADVISORS INC VERIZON WIRELESS ABCANA INDUSTRIES ACE UNIFORMS & ACCESSORIES,INC ACEDO AIRGAS-WEST ALLEN ALTA PLANNING & DESIGN, INC. ANDERSON ANTHONY'S AUTO BODY AT&T/MCI AT&T/MCI ATP GENERAL ENGINEERING AUTO BEAUTY PRODUCTS BECK BISHOP BOYD CAPF CALIFORNIA COMMERCIAL SECURITY CALIFORNIA LAW ENFORCEMENT CITY OF SAN DIEGO CONDON CONFERENCES AND SEMINARS CORPUZ COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS DEFRATIS DICERCHIO DREDGE DREW FORD DSL EXTREME EISER III ESRI INC GALINDO ROJAS GELSKEY . - I VCO�R WRATE ._ WARRANT REGISTER # 22 11/30/2010 DESCRIPTION WASTEWATER FEES LEGAL SVCS/ RDA PLAN MATTERS RETIREE HEALTH BENEFITS DEC'10 CONSTRUCT SVCS - CASA FAMILIAR MOP# 45725. INK CARTRIDGES/CDC ECONOMIC DEVELOPMENT LOAN AGREEMENT OCT, NOV & DEC 2010 CONSULTANT SVCS / WI-TOD EQUIPMENT RENTAL (POWER POLES) OVERPAYMENT OF PORT -IN FOR HAP GAS AND ELECTRIC UTILITIES / CDC LEGAL SVCS /SUDBERRYIGATEWAY PROFESSIONAL SERVICES / OCT 2010 VERIZON WIRELESS SERVICE / SEC 8 POOL CHEMICALS BC BUGELS RETIREE HEALTH BENEFITS DEC'10 MOP 45714 MATERIALS & SUPPLIES RETIREE HEALTH BENEFITS DEC'10 BIKE MASTER PLAN RETIREE HEALTH BENEFITS DEC'10 LEFT DOOR, LEFT DOOR GLASS, LEFT DOOR TELECOMMUNICATIONS SERVICE TELECOMMUNICATIONS SVC FOR NC STREET RESURFACING PAYMENT 3 RED POLISH SOAP RETIREE HEALTH BENEFITS DEC'10 RETIREE HEALTH BENEFITS DEC'10 RETIREE HEALTH BENEFITS DEC'10 FIRE/LTD DEC 2010 MOP 45754 BUILDING MATERIALS PD/LTD DEC 2010 WASTEWATER FEES RETIREE HEALTH BENEFITS DEC'10 FACEBOOK FIRED - WEBINAR RETIREE HEALTH BENEFITS DEC'10 PARADISE CREEK EDU PARK DEPOSIT DEH11-8563-VAP PARADISE CREEK SHARE OF PARKING CIT REV OCT'10 COX HIGH SPEED 60MB DATA CIRCUIT RETIREE HEALTH BENEFITS DEC'10 RETIREE HEALTH BENEFITS DEC'10 RETIREE HEALTH BENEFITS DEC'10 MOP 49078 AUTO PARTS DATA LINE FOR EL TOYON REC CENTER RETIREE HEALTH BENEFITS DEC10 ARCGIS SPATIAL ANALYST CONCURRENT CIVIL SVCS COMMISSIONERS REIMB RETIREE HEALTH BENEFITS DEC'10 CHK NO DATE AMOUNT 239294 11/30/10 1,204,458.00 239295 11/30/10 45,081.71 239296 11/30/10 110.00 239297 11/30/10 24,748.76 239298 11/30/10 109.70 239299 11/30/10 3,000.00 239300 11/30/10 12,500.00 239301 11/30/10 383.50 239302 11/30/10 195.00 239303 11/30/10 729.20 239304 11/30/10 175.80 239305 11/30/10 337.50 239306 11/30/10 9,162.50 239307 11/30/10 343.62 239308 11/30/10 414.86 239309 11/30/10 117.33 239310 11/30/10 160.00 239311 11/30/10 57.P' 239312 11/30/10 12' 239313 11/30/10 8,185._ 239314 11/30/10 110.00 239315 11/30/10 1,883.83 239316 11/30/10 6,611.56 239317 11/30/10 2,571.44 239318 11/30/10 809,504.45 239319 11/30/10 67.43 239320 11/30/10 140.00 239321 11/30/10 110.00 239322 11/30/10 145.00 239323 11/30/10 576.00 239324 11/30/10 152.15 239325 11/30/10 1,579.50 239326 11/30/10 679.94 239327 11/30/10 280.00 239328 11/30/10 229.00 329329 11/30/10 140.00 239330 11/30/10 1,420.00 239331 11/30/10 238.00 239332 11/30/10 15,718.95 239333 11/30/10 2,620.00 239334 11/30/10 120.00 239335 11/30/10 70.00 239336 11/30/10 25(' 239337 11/30/10 4 239338 11/30/10 32.83 239339 11/30/10 250.00 239340 11/30/10 4,938.75 239341 11/30/10 65.85 239342 11/30/10 115.00 2/3 WARRANT REGISTER # 22 11/30/2010 PAYEE DESCRIPTION CHK NO DATE AMOUNT GIBBS JR RETIREE HEALTH BENEFITS DEC'10 239343 11/30/10 120.00 GOO RETIREE HEALTH BENEFITS DEC'10 239344 11/30/10 165.00 GORMSEN APPLIANCE CO APPLIANCE REPAIRS & PARTS 239345 11/30/10 77.07 GRANICUS INC WEBCAST/LIVECAST MANAGED -DEC 2010 239346 11/30/10 1,477.35 HANSON RETIREE HEALTH BENEFITS DEC'10 239347 11/30/10 135.00 HARRIS & ASSOCIATES INC 8TH ST CONCEPTUAL DESIGN 239348 11/30/10 44,740.10 HEALTH NET HEALTH INS H0067A DEC 2010 239349 11/30/10 66,387.09 HEALTH NET HEALTH INS DEC 2010 57135J 239350 11/30/10 1,192.62 HEALTH NET HEALTH -FULL NET 57135A DEC 2010 239351 11/30/10 6,177.85 HEALTH NET HEALTH NET 57135F DEC 2010 239352 11/30/10 3,573.74 HEALTH NET HEALTH NET H0067F DEC 2010 239353 11/30/10 1,919.24 HOLLIS RETIREE HEALTH BENEFITS DEC'10 239354 11/30/10 185.00 HOLLOWAY RETIREE HEALTH BENEFITS DEC'10 239355 11/30/10 150.00 HONEYWELL INTERNATIONAL INC CITY-WIDE HVAC WORK 239356 11/30/10 1,310.77 ICC 2009 UNIFORM PLUMBING CODE 239357 11/30/10 329.61 IMAGING PRODUCTS SONY 12.1 MEGAPIXEL DIGITAL CAMERA 239358 11/30/10 252.43 JAMES RETIREE HEALTH BENEFITS DEC'10 239359 11/30/10 140.00 " "IIEL RETIREE HEALTH BENEFITS DEC'10 239360 11/30/10 50.00 SER FOUNDATION HEALTH PLANS KAISER INS ACTIVE DEC 2010 239361 11/30/10 131,543.28 r,iMBLE RETIREE HEALTH BENEFITS DEC'10 239362 11/30/10 300.00 KNORR SYSTEMS INC POOLTEST 7 PLUS PHOTOMETER/HARD CASE 239363 11/30/10 470.83 KOLANDA RETIREE HEALTH BENEFITS DEC'10 239364 11/30/10 135.00 LANDA RETIREE HEALTH BENEFITS DEC'10 239365 11/30/10 155.00 MATIENZO RETIREE HEALTH BENEFITS DEC'10 239366 11/30/10 100.00 MCAFEE MXLOGIC EMAIL ULTIMATE DEFENSE 239367 11/30/10 13,690.61 MCCABE RETIREE HEALTH BENEFITS DEC'10 239368 11/30/10 280.00 MCGREGOR RETIREE HEALTH BENEFITS DEC'10 239369 11/30/10 120.00 MEDINA RETIREE HEALTH BENEFITS DEC'10 239370 11/30/10 105.00 MURRAY RETIREE HEALTH BENEFITS DEC'10 239371 11/30/10 150.00 MYERS RETIREE HEALTH BENEFITS DEC'10 239372 11/30/10 140.00 NATIONAL CITY AUTO TRIM MOP 72441 R&M AUTO EQUIPMENT 239373 11/30/10 235.96 NELLANS CARPET & WINDOW TREATM TILE INSTALLATION AT LIBRARY 239374 11/30/10 6,036.70 NEXUS IS INC PHONE SYSTEM ADD MOVES CHANGES 239375 11/30/10 210.00 NINYO & MOORE MATERIALS TESTING ST RESURFACING 239376 11/30/10 14,335.75 NITV FEDERAL SERVICES LLC CERTIFIED EXAMINERS COURSE 239377 11/30/10 1,295.00 NOSAL WILLIAM A RETIREMENT SETTLEMENT DEC'10 239378 11/30/10 1,098.64 NUNEZ INSURANCE DEDUCTIONS OCT 2010 239379 11/30/10 202.72 OCHOA RETIREE HEALTH BENEFITS DEC'10 239380 11/30/10 125.00 PALM ENGINEERING FINAL PAYMENT SPEC 09-07 239381 11/30/10 3,693.00 PAUU RETIREE HEALTH BENEFITS DEC'10 239382 11/30/10 340.00 PBS&J WASTEWATER CONSULTANT SVCS . 239383 11/30/10 7,980.75 PERRY FORD CENTER CONSOLE PARTS/LABOR INSTALL 239384 11/30/10 1,124.32 2VO PAINT CO MOP 63846 TRAFFIC CONTROL 239385 11/30/10 561.91 BT RETIREE HEALTH BENEFITS DEC'10 239386 11/30/10 280.00 POTTER RETIREE HEALTH BENEFITS DEC'10 239387 11/30/10 150.00 PRO BUILD MOP 45707 BATTERY COMBO/PIPE/ETC-FIRE 239388 11/30/10 631.66 PROJECT DESIGN CONSULTANTS CONSULTATION SERVICES AGREEMENT 239389 11/30/10 52,915.84 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICE 239390 11/30/10 204.69 R.J. SAFETY SUPPLY CLASS 3 LINE/BLACK PARKA 3M REFLECTIVE 239391 11/30/10 84.83 -+}--- cAL1E•ORN:{A ' * • 3/3 PAYEE RAY RBF CONSULTING REED RESTAURANT EQUIP SVC RELIABLE TIRE CO. RELIANCE STANDARD ROARK ROE RPM WELDING INC RUIZ SDG&E SEWARD SHORT, CRAIG SMART SOURCE OF CALIFORNIA LLC SOUTH COAST EMERGENCY SPARKLETTS WATER STAPLES ADVANTAGE STRASEN SUPERIOR READY MIX SWRCB THE LINCOLN NATIONAL LIFE INS TOM MOYNAHAN TOPECO PRODUCTS TRIVIZ UNITED PARCEL SERVICE URIAS USA MOBILITY WIRELESS, INC. VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS WILLY'S ELECTRONIC SUPPLY YOUNG ZIETLOW, DAVID ZIONS BANK SECTION 8 HAPS PAYMENTS PAYROLL Pay period 24 Start Date 11/2/2010 - INCORPORATED WARRANT REGISTER # 22 11/30/2010 DESCRIPTION RETIREE HEALTH BENEFITS DEC'10 8TH ST SAFETY ENHANCEMENTS PARTS AND REPAIR FOR NUTRITION 77 PASSENGER TIRES@ $2 EA VTL DEC 2010 RETIREE HEALTH BENEFITS DEC'10 RETIREE HEALTH BENEFITS DEC'10 MOP 45749 BUILDING MATERIALS RETIREE HEALTH BENEFITS DEC'10 FACILITIES GAS & ELECTRIC SUBSISTENCE & TRAVEL. SGT G SEWARD RETIREE HEALTH BENEFITS DEC'10 ENVELOPE IMPRINTS DIODE MODULE, DILL SYSTEM WATER FOR MAYOR'S OFFICE MOP 45704 OFFICE SUPPLIES - CM RETIREE HEALTH BENEFITS DEC'10 COLDMIX ASPHALTS ANNUAL PERMIT CHARGE-CWC LIFE & AD&D STD LTD DEC 2010 MOP 45734 REGULAR TOWING MOP 63849 MATERIALS & SUPPLIES RETIREE HEALTH BENEFITS DEC'10 UPS SHIPMENT DOCUMENT RETIREE HEALTH BENEFITS DEC'10 MOBILITY/METROCALL PAGER SERVICE ER ANIMAL CARE FOR STRAY K9 VET CARE WIRELESS SERVICE FOR ALL CITY MOP 45763 COMPUTER SUPPLIES SLI CLASS 281 SESSION #8 RETIREE HEALTH BENEFITS DEC'10 22ND LEASE PAYMT B00 MHZ EQUIP Start Date 11/24/2010 End Date 11/15/2010 End Date 11/30/2010 Check Date 11/24/2010 CHK NO DATE AMOUNT 239392 11/30/10 190.00 239393 11/30/10 13,789.90 239394 11/30/10 329.83 239395 11/30/10 254.50 239396 11/30/10 2,334.13 239397 11/30/10 135.00 239398 11/30/10 120.00 239399 11/30/10 297.63 239400 11/30/10 310.00 239401 11/30/10 6,940.06 239402 11/30/10 419.58 239403 11/30/10 300.00 239404 11/30/10 75.73 239405 11/30/10 89.95 239406 11/30/10 1.50 239407 11/30/10 388.76 239408 11/30/10 135.00 239409 11/30/10 523.09 239410 11/30/10 6,577 239411 11/30/10 8,63 239412 11/30/10 135.00 239413 11/30/10 249.94 239414 11/30/10 135.00 239415 11/30/10 123.85 239416 11/30/10 125.00 239417 11/30/10 51.59 239418 11/30/10 40.00 239419 11/30/10 292.91 239420 11/30/10 722.22 239421 11/30/10 101.87 239422 11/30/10 419.58 239423 11/30/10 150.00 239424 11/30/10 48,678.25 A/P Total 2,621,219.08 6,218.38 875,110.56 GRAND TOTAL $ 3,502,548 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO. 16 TEM TITLE: Introduction of an Ordinance of the City of National City to Approve an Amendment to the Contract Between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City to Provide for a 2% @ 60 Full Formula Benefit for Miscellaneous Members PREPARED BY: Stacey Stevenson DEPARTMENT: Hu PHONE: 336-4308 APPROVED BY: EXPLANATION: es As provided for in the current contract between the City of National City and CaIPERS, City of National City employees working in designated miscellaneous classifications have a retirement formula of 3% @ 60 (Section 21354.3). The City Council of the City of National City voted to effectuate a two tiered retirement system under which individuals hired as miscellaneous members for the first time will not receive the benefit of the 3% @ 60 formula. Instead, such new hires will receive a benefit of 2% @ 60 (Section 21353). Such a change is allowable under Section 20475 (Different Level of Benefits). FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The change in formula is projected to result in an ultimate savings of 4.754% of the City's annual payment to CaIPERS. The timeline for savings is dependent on the City's hiring patterns. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Recommend adoption of the Ordinance BOARD / COMMISSION RECOMMENDATION: N/PN ATTACHMENTS: finance ORDINANCE NO. 2011 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE FOR A 2% @ 60 FULL FORMULA BENEFIT FOR MISCELLANEOUS MEMBERS ENTERING MEMBERSHIP FOR THE FIRST TIME The City Council of the City of National City does ordain as follows: Section 1. That an Amendment to the Contract between the City of National City and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked as Exhibit "A", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor is hereby authorized, empowered, and directed to execute said Amendment for and on behalf of the City of National City. Section 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the San Diego Union Tribune, a newspaper of general circulation, published and circulated in the City of National City, and thenceforth and thereafter the same shall be in full force and effect. PASSED and ADOPTED this day of , 2011. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor CalPERS California Public Employees' Retirement System EXHIBIT "A" AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of National. City The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective. July 1, 1948, and witnessed May 1, 1948, and as amended effective March 1, 1.954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1, 1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989, November 15, 1991, December 27, 1991,_June.1.1, 1993, May 2, 1996, July 9, 2002, September 17, 2002, July 6, 2004 and January. 27, 2009, and March 18, 2010 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 17 are hereby stricken from said contract as executed effective March 18, 2010, and hereby replaced by the following paragraphs numbered 1 through 18 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members; age 50 for local fire members; age 50 for local police members entering membership in the police classification on or prior to March 18, 2010; and age 55 for local police members . entering membership for the first time in the police classification after March 18, 2010. • s rt ZR^ t PLEASE r N � SIGN r,L 1;:L, 2 Public .Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided,members of said System subject to all provisions of the .Public Employees' Retirement Law except such as apply only on e action of a contracting agency and are not provided for herein and to all amendmets to said Law hereafter enacted ex ept those, which by express previsions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the Califamia,Public'Employees' Retirement'Sysiemy(CaIRERS),and its trustees, _agents and employees, the CaIPERS Board of Administration, and the'California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attori ysf that may arise as a result of any of the following: 4a) Public Agency's election to provide retirement benefits, provisions orformulas under this Contract that are different than the retirement benefits, provisions or formulas .provided under the Public Agency's prior non-CaIPERS retirement program: (b)- Public Agency'selection to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. Public Agency's agreement witha third party other than CaIPERS to provide retirement benefits, provisions, orform:ts that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter (commencing with section 901) of Title 11 of the United States. Bankruptcy Code and/or Public Agency's election .to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' 'Retirement Law. (c) (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or the California Constitution. PLEASE DO NOT SIGN "E 4. • Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: Local Fire Fighters (herein referred to as local safety members); Local Police Officers (herein referred to as local safety members); Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membership by said. Retirement Law, the followingclasses of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 6. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary andlor seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Govemment Code Section 20305 supersedes this contract provision by providing that any such temporary andlor seasonal employees are excluded from PERS membership subsequent to January 1, 1975. This contract shall be a continuation of the contract of the Community Development Commission of the. City of National City, hereinafter referred to as "Former Agency". The accumulated contributions, assets and liability for prior and current service under the Former Agency's contract shalt be merged pursuant to "Section 20508 of the Govemment Code. Such merger occurred March 20, 2008. Thepercentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 17, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 17, 2002 and not entering membership for the first time in the miscellaneous classification after the effective date. of this amendment to contract shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). PLEASE DO NOT SIGN "EX 10.. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21353 of .said Retirement Law {2% at age 60 Full). 11.. The percentage of final compensation to be provided for 'each year of credited prior and current service as a local fire merrrber and for those . local police members entering membership in the police classification on or prior to March 18,2010 shall be determined in accordance with Se ' . 213622 of said Retirement .Law43% at age501`ull). 2. The percentage of final compensation to be provided for each year of credited current service as a local police member entering membershiip for the first time in the police classification after March 18, 2010 shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 13. Public Agency elected and elects to be subject to the following .optional provisions: a. Section :20425 ("Local Poke Officer" shall include employees of a police department who were employed to perform identification or communication- duties .on August 4, 1972 and who elected to be local. safety members). Section.21222.1 (One -Time 5% increase 1970). Legislation repealed said Section effective January 1, 1980. G. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section :21573 (Third Level of 1959'Survivor Benefits). e. • Section 20965 (Credit for Unused Sick Leave). f. Section 21325. (One -Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said. Section effective January 1, 2002. Section 20042 (One-Yearfinal Compensation). Section 20903 (Two Years Additional Service Credit): DOf i p �jr'° i trg,l !'Ns , : f ; i. Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Pull formula) is applicable to local police members entering membership for the first time in the police classification after March 18, 2010/and. Section 21353 (2% @ 60 Full formula) is applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 14. . Public. Agency, in accordance with Government Code Section 20790., ceased to be an "employer" for purposes of Section. 20834 effective on January 16, 19.77. Accumulated contributions of Public .Agency shall be fixed and determined as provided in Govemment Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Govemment Code Section 20834. 15. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. ,.16. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change:) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable .amount, as fixed by the Board, payable in one installment within 60 days of date of contract tocover the costs of administering said System as it .affects the employees, of .Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 17. Contributions required, of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement. Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 18. Contributionsrequired of Public Agency and its employees shall be paid by Public Agency to the .Retirement. System within fifteen days after the end of the period towhich said contributions refer or as may be prescribed by Board regulation. If more or :less than the -correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent :remittances. Adjustments on account of errors in contributions required Of any employee may be made . by direct payments between the employee and the Board. B. . This amendment shall be effective on the day of BOARD OF ADMIT 5RATION CITY'COUNCIL PUBLIC -EMPLOYEES' RETIREMENT SYSTEM CITY OF NATIQ AL.CITY r._. rri rt BY LORI MCGARTLAN®;^CHIEF PRESIDINGOCER EMPLOYER SERVI{ DIVISION PUBLIGEMPLOYEE 'RETIREMENT- SYSTEMCD —1 err' Witness Date;j Attest: r r Clerk c-'.: - AMENDMENT ER# 190 PERSON-702A CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: SE M TITLE: An Ordinance of the City Council of the City of National City establishing the Compensation of the Mayor and City Council January 11, 2011 AGENDA ITEM NO. 17 PREPARED BY: PHONE: EXPLANATION: Claudia G. Silv Ext. 4222 DEPARTMENT: APPROVED BY: ity Attorney On December 7, 2010, the City Council provided direction to the City Attorney regarding changes to the proposed compensation ordinance. The City Council directed the City Attorney to return with an ordinance that articulated the following for introduction: 1) increase their salary by the same percentage and the same date, if any, as for the Municipal Employees Association; 2) confirm current PERS contribution at 5%, and increasing to 8% on July 1, 2011; 3) create a second tier retirement benefit formula (2% @ 60) for future elected officials (those who assume office after the effective date of the ordinance); and 4) all other benefits to remain as set since 2003. • FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce proposed ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: orandum with Attachments 1-4 oposed ordinance, including Exhibit "A" ORDINANCE NO. 2011 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code, for the time period between the effective date of this Ordinance and the general municipal election held in November, 2012, the base monthly salary for the City Council shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the upcoming salary increases for Municipal Employees' Association members, if any, provided that the salary increases for the City Council shall not exceed a total of thirty percent of the current base monthly salary. If the base monthly salary of the City Council is not adjusted upon the beginning of a councilmember's new term of office subsequent to the November 2012 election, the base monthly salary established by this Ordinance shall remain in effect. Section 2. That pursuant to the provisions of Section 36516.1 of the Government Code, for the time period between the effective date of this -Ordinance and -the -general -- municipal election to be held in November, 2012, the base monthly salary for the Mayor shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the upcoming salary increases for Municipal Employees' Association members, if any, provided that the salary increases for the Mayor shall not exceed a total of thirty percent of the current base monthly salary. If the base monthly salary of the Mayor is not adjusted upon the beginning of a councilmember's new term of office subsequent to the November 2012 election, the base monthly salary established by this Ordinance shall remain in effect. Section 3. That the Mayor and City Council's employee PERS contribution shall remain and be at five percent (5%) through June 30, 2011, and shall be the entire employee share contribution of eight percent (8%) effective July1, 2011, paid from their respective salaries. Section 4. That the retirement benefit formula shall be established at the same formula as those granted to the Municipal Employees Association, to wit: 2% at 60, applicable to Mayor and City Council members first elected on or after the effective date of the PERS contract amendment. Section 5. That the benefits for the Mayor and City Council shall be as set, forth in the attached Exhibit "A", which is incorporated herein by reference. PASSED and ADOPTED this 11th day of January, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva City Attorney ORDINANCE NO. 2011 — MAYOR City to pay $750/month for car allowance. MAYOR AND CITY COUNCIL a) City to pay $850/month for health coverage with a cash -in -lieu option. b) City to pay $40/month for life insurance, in addition to $25,000 term life insurance policy already provided by City. c) City to pay $350/month for expense account. d) City to establish annual fund of $3,000 to be used for college level language training in a foreign language. e) City to pay full City portion of PERS contribution. Elected officials pay 5% of the employee contribution, and will pay 8%, the full employee contribution, effective July 1, 2011. f) PERS retirement benefit formula shall be the same as those granted to the Municipal Employee Association, which is part of the PERS Miscellaneous Employees within the City, to wit: 2% @ 60 if hired /first elected after the effective date of the PERS contract amendment. All other benefits for Mayor and City Council are to remain the same. MAYOR City to pay $750/month for car allowance. EXHIBIT "A" Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate TO: FROM: SUBJECT: .}. CALIFORNIA NATIONAL CITY INCORPORATED Office of the City Attorney Mayor and City Council City Attorney Compensation of Mayor and City Council City Attomey Claudia Gacitua Silva Legal Counsel George H. Eiser, 111 Senior Assistant City Attorney Jodi L. Doucette DATE: December 1, 2010 Mayor and City Council Compensation As an election has occurred and resulted in elected officials beginning new terms of office, it is now legally permissible for the Mayor and members of the City Council to approve changes to their own compensation. Generally, changes to compensation do not apply to a member of council during the member's term of office. This general rule, however, does allow for compensation to change for all members of council whenever one or more members commences a new term of office. Government Code section 36516.5. Accordingly, adjustments to compensation coincide with elections at which members begin a new tern, in office. A. History of Salary Adjustments The last salary adjustment for the Mayor and City Council occurred on January 7, 2003. (See Ordinance No. 2003-2215, attached as Attachment 1). The last salary adjustment set the base salary of the City Council at $909.20 per month and the base salary of the Mayor at $3,463.30 per month.' In January, 2007, an ordinance was adopted providing for an increase to Council compensation consistent with any increase to Municipal Employee Association (MEA) employees. (See, Ordinance No. 2007-2289, attached as Attachment 2). There was not an increase to MEA salaries in 2007, but a stipend instead; an MEA salary increase was to begin in January 2008. In December 2007, before the MEA salary increases went into effect, the Council rescinded their prior salary ordinance. (See, Ordinance No. 2007-2299, attached as Attachment 3). Thus, the compensation to Mayor and Council remained at the 2003 levels. In addition to the Council compensation changes in the 2003 ordinance, changes were made to the Community Development Commission (CDC) Board compensation. The CDC compensation was reduced upon the adoption of AB 1 1. AB 1 I, effective January 1, 2006, added Section 34130.5 to the Health and Safety Code. Pursuant to that statute, CDC compensation was limited to $150 per meeting, with a maximum of $300 per month. This limitation applies to CDC compensation for the Chairman and all Board Members. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Compensation of Mayor and City Council December 1, 2010 Page 2 The City Council may increase its compensation either by ordinance or at an election. At any municipal election, the amount of the salary can be submitted to the voters. Government Code section 36516(6). Historically, compensation has been set by ordinance enacted by the Council. Compensation increases cannot exceed 5% per calendar year from the date of the last increase in compensation. Government Code Section 36516(a)(4). An elected mayor, pursuant to Government Code section 36516.1, may be provided with additional compensation to that which he/she receives as a councilmember, pursuant to an ordinance or by a vote of the electors at a municipal election. There are no limitations imposed on the amount of the mayor's compensation, although the City Council has historically adjusted the Mayor's salary by the same percentage as the City Council adjustment. Based on the 5% per calendar year, the City Council can increase its salary up to 30%. The proposed ordinance assumes a 30% increase in the compensation of the Mayor and City Council, as that is the maximum and can be revised if needed. The proposed ordinance also contains provisions addressing benefits and retirement. To the extent the City Council seeks to make changes to those provisions, such changes need to be reflected in the ordinance. B. Other Compensation In addition to considering salary, it is also appropriate to consider other compensation at this time, such as benefits. Government Code section 36516(d) provides as follows: Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees. Currently, the benefits for the Mayor and Council have remained the same since 2003, with the exception of the City -paid employee portion of the Public Employee Retirement System contribution, which has reduced over the years. The current benefits are detailed in Attachment 4. The proposed ordinance refers to the current benefit levels. C. PERS While the Mayor and Council have rejected salary increases since 2003, the Mayor and Council have adopted changes to their Public Employee Retirement System (PERS) contribution. On January 6, 2009, the City Council approved a reduction of the Employer Paid Member Contribution (EPMC) to the Public Employees Retirement System to 6%, with the Mayor and City Council paying a contribution of 2%. On June 1, 2010, each member of City Council and the Mayor voluntarily waived an additional 3% of City -paid member PERS contribution, effective July 1, 2010, with the Mayor and City Council paying a contribution of 5% to PERS. Compensation of Mayor and City Council December 1, 2010 Page 3 On that same date, each member of City Council and the Mayor also voluntarily waived the remaining 3% effective July 1, 2011. Effective July 1, 2011, the Mayor and City Council will be paying the entire 8% portion of the employee contribution to PERS.2 The PERS contribution will be reiterated in the salary ordinance. In addition, a change to the benefit formula, consistent with MEA employees, is included in the ordinance for your consideration. That benefit formula provides for a "2% at 60" formula. While a benefit formula change could now be adopted, it would not (nor could it) be applicable to any current elected officials. Retirement benefit formula changes (2-tiering) apply to those hired after the affective date of the change, not to current employees. D. Options The ordinance before you contains the elements of the possible changes to compensation: salary, benefits, and PERS. The Council has the following options: Accept the first reading of the ordinance as written, which includes the permissible amount of salary adjustment, confirms benefits at the current level, confirms the PERS contribution, and establishes a 2% at 60 retirement benefit formula for elected officials; 2. Direct the City Attorney to return with a revised ordinance reflecting any changes the City Council directs in any of the areas described above; or, 3. Seek to adjust the salary of the Mayor and Cit Council members by an election. IA City Attorney CGS/gmo 2 While the June 1, 2010 resolution addressed the City -paid member PERS contribution, the salary ordinance will also include the PERS contribution. ORDINANCE NO. 2003 — 2215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL, AND THE CHAIRMAN AND BOARD MEMBERS OF THE COMMUNITY DEVELOPMENT COMMISSION BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That the base monthly compensation for the City Council is hereby fixed at Nine Hundred Nine and 20/100ths Dollars ($909.20) per month, pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code. Section 2. That the base monthly salary of the Mayor is herby fixed at $3,463.30 per month, pursuant to the provisions of Section 36516.1 of the Government Code. Section 3. That the base monthly salary for the Chairman and each Board Member of the Community Development Commission is fixed at Nine Hundred Seventy Five and 33/100ths Dollars ($975.33) per month, pursuant to the provisions of Section 34130 of the Health and Safety Code. Section 4. That the benefits for the Mayor and City Council and the Chairman and the Board Members of the Community Development Commission shall be established as set forth in the attached Exhibit "A", which is incorporated herein by reference_ PASSED and ADOPTED this 7th day of January , 2003. Nick Inzu a, a ATTEST: APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Attachment 1 Page 1 MAYOR City to pay $750/month for car allowance. MAYOR AND CITY COUNCIL AND CHAIRMAN AND THE BOARD MEMBERS OF THE CDC a) City to pay $850/month for health coverage with a cash -in -lieu option. b) City to pay $40/month for life insurance, in addition to $25,000 term life insurance policy already provided by City. c) City and Community Development Commission to pay $350/month for expense account. d) City to establish annual fund of $3,000 to be used for college level language training in a foreign language. e) City to pay full City and official's portion of PERS contribution, and contract options shall be thesame as those granted to other PERS Miscellaneous Members within the City. All other benefits for Mayor and City Council and the Chairman and the Board Members of the Community Development Commission are to remain the same. EXHIBIT "A" Attachment 1 Page 2 ORDINANCE NO. 2007 — 2289 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARIES OF THE MAYOR AND CITY COUNCIL BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code, for the time period between the effective date of this Ordinance and the general municipal election held in November, 2008, the base monthly salary for the City Council shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the upcoming salary increases for Municipal Employees' Association members, if any, provided that the salary increases for the City Council shall not exceed a total of twenty percent of the current base monthly salary. If the base monthly salary of the City Council is not adjusted upon the beginning of a councilmember's new term of office subsequent to the November 2008 election, the base monthly salary established by this Ordinance shall remain in effect. Section 2. That pursuant to the provisions of Section 36516.1 of the Government - Code. for the time period between the effective date of this Ordinance and the general municipal election to be held in November, 2008, the base monthly salary for the Mayor shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the upcoming salary increases for Municipal Employees' Association members, if any, provided that the salary increases for the Mayor shall not exceed a total of twenty percent of the current base monthly salary. if the base monthly salary of the Mayor is not adjusted upon the beginning of a councitmember's new term of office subsequent to the November 2008 election, the base monthly salary established by this Ordinance shall remain in effect. PASSED and ADOPTED this 16th day of January, 2007. ATTEST: c et R. Della, Ci Cleric Mi Y Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment 2 ORDINANCE NO. 2007 — 2299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REPEALING AN INCREASE IN THE SALARIES OF THE MAYOR AND CITY COUNCIL BY REPEALING ORDINANCE NO. 2007-2289 WHEREAS, at the City Council meeting of January 16, 2007, the Mayor and Council adopted Ordinance No. 2007-2289 which increased their salaries by the same percentages, on the same dates, and subject to the same conditions as the salary increases, if any, for the Municipal Employees' Association. Before the adoption of Ordinance No. 2007- 2289, the last salary adjustment for the Mayor and. Council occurred on January 7, 2003; and WHEREAS, it has been proposed by members of the City Council that the Council repeal Ordinance No. 2007-2289, which would leave the salaries and benefits of the Mayor and City Council at the same level as they existed since January, 2003. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City that Ordinance No. 2007-2289 is hereby repealed. PASSED and ADOPTED this 4th day of Dece ' • e 007. Ap Ira /J/ '✓^` 'on Morrison. Mayor ATTEST: Mi el Della, City Jerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment 3 MAYOR AND CITY COUNCIL a) City to pay $850/month for health coverage with a cash -in -lieu option. b) City to pay $40/month for life insurance, in addition to $25,000 term life insurance policy already provided by City. c) City to pay $350/month for expense account. d) City to establish annual fund of $3,000 to be used for college level language training in a foreign language. e) City to pay full City portion of PERS contribution. Elected officials pay 5% of the employee contribution, and will pay 8%, the full employee contribution, effective July 1, 2011. All other benefits for Mayor and City Council are to remain the same. Attachment 4 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO. 18 .. EM TITLE: Resolution of Intention of the City of National City to Approve an Amendment to the Contract Between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City to Provide for a 2% @ 60 Full Formula Benefit for Miscellaneous Members PREPARED BY: Stacey Stevenson DEPARTMENT: Hum.. ls.. ces PHONE: 336-4308 APPROVED BY: EXPLANATION: As provided for in the current contract between the City of National City and CaIPERS, City of National City employees working in designated miscellaneous classifications have a retirement formula of 3% @ 60 (Section 21354.3). The City Council of the City of National City voted to effectuate a two tiered retirement system under which individuals hired as miscellaneous members for the first time will not receive the benefit of the 3% @ 60 formula. Instead, such new hires will receive a benefit of 2% @ 60 (Section 21353). Such a change is allowable under Section 20475 (Different Level of Benefits). FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The change in formula is projected to result in an ultimate savings of 4.754% of the City's annual payment to CaIPERS. The timeline for savings is dependent on the City's hiring patterns. ENVIRONMENTAL REVIEW: N/Al ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Recommend approval of Resolution BOARD 1 COMMISSION RECOMMENDATION: N/AI ATTACHMENTS: solution RESOLUTION 2011 — RESOLUTION OF INTENTION THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO PROVIDE FOR A 2% @ 60 FULL FORMULA BENEFIT TO MISCELLANEOUS MEMBERS WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the City Council of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20475 (Different Level of Benefits): Section 21354.3 (3% @ 60 Full formula) is applicable to only those miscellaneous members entering membership on or prior to the effective date of this amendment to contract. Section 21353 (2% @ 60 Full formula) is applicable to miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby give notice of its intention to approve an amendment to the contract between the City of National City and the Board of Administration of the Public Employees' Retirement System to provide for a 2% @ 60 Full formula benefit for miscellaneous members, a copy of said amendment being attached hereto as Exhibit "A" and by this reference made a part hereof. Said Amendment to Contract is on file in the office of the City Clerk. PASSED and ADOPTED this 11th day of January, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney Ca1PERS EXHIBIT Califomia Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of National City • The Board of Administration, Califomia Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1, 1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989, November 15, 1991, December.27, 1991, June 11, 1993, May 2, 1996, July 9, 2002, September 17, 2002, July 6, 2004 and January 27, 2009, and March 18, 2010 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 17 are hereby stricken from said contract as executed effective March 18, 2010, and hereby replaced by the following paragraphs numbered 1 through 18 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members; age 50 for local fire members; age 50 for local police members entering membership in the police classification on or prior to March 18, 2010; and age 55 for local police members entering membership for the first time in the police classification after March 18, 2010. ; . . t-i �...- 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, -defend and hold harmless the Califomia Public Employees' RetirementSystem<CaIPGRS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the -California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: {a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the Califomia Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. Public Agency's election to assign this Contract without the prior written consent of the CatPERS' Board of Administration. The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employe' Retirement Law. Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. ^E' 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 6. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. • Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 7. This contract shall be a continuation of the contract of the Community Development Commission of the City of National City, hereinafter referred to as "Former Agency". The accumulated contributions, assets and liability for prior and current service under the Former Agency's contract shall be merged pursuant to Section 20508 of the Government Code. Such merger occurred March 20, 2008. 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 17, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 17, 2002 and not entering membership for the first time in the miscellaneous classification after the effective: date of this amendment to contract shall .be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). y C'i4.'C. Llu 10. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21353 of said Retirement Law (2% at age .60 Full). 11.. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member and for those local police members entering _membership in the police classification on or prior to March 18, 2010 shall be determined in accordance with Section 213622 of said Retirement Law (3% at age50 full). 12. The percentage of final compensation to be provided for each year of credited current service as a local police member entering membership for the first time in the police classification after March 18, 2010 shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 13. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959Survivor Benefits). e. Section 20965 (Credit for Unused Sick Leave). f. Section 21325. (One -Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974)..Legislation repealed said Section effective January 1, 2002. g. Section 20042 (One-YearFinal Compensation). h. Section.20903 (Two Years Additional Service Credit). Cr: Liu Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula) is applicable to local police members entering membership for the first time in the police classification after March 18, 2010,and Section 21353 (2% @ 60 Full formula) is applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 14. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 16, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Govemment Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 15. Public Agency shalt contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. ".16. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 17. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 18. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or Tess than the correct amount of contributions is paid forany period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINIMATION CITY COUNCIL PUBLIC EMPLOYEI=,S' RETIREMENT SYSTEM CITY OF NATIONAL CITY C. BY LORI MCGARTLANI:J`i=-CHIEF EMPLOYER SERVI ,S DIVISION PUBLIC EMPLOYEE'"RETIREMENr SYSTEM AMENDMENT ER# 190 PERS-CON-702A f3Y PRESIDING O JICER Witness Date Attest: Clerk gib;. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO.19 iM TITLE: Resolution of the City Council of the City of National City Ratifying a Second Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions, and authorizing the Mayor to execute an Indemnification Agreement with the Illes Family Trust and Wells Fargo Bank pertaining to said Exchange of Real Property (522 West 8`h Street and 2020 Hoover Avenue) PREPARED BY: George H. Eiser, 111 p4 DEPARTMENT: City Attorney PHONE: Ext. 4221 EXPLANATION: APPROVED BY: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: memorandum Proposed resolution Second Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions Indemnification Agreement Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate N City Attorney Claudia Gacitua Silva vCba �._, ,., ;� Legal Counsel George H. Eiser, III Office of the City Attorney Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: January 3, 2011 FROM: George H. Eiser, III, Legal Counsel SUBJECT: Agreement for Exchange of City -Owned Property at 522 West 8th Street for Property Owned by Illes Family Trust at 2020 Hoover Avenue; Second Amendment to Agreement; Indemnification Agreement On September 23, 2010, the City and the Illes Family Trust ("Illes") entered into an Agreement for Exchange of Real Property and Joint Escrow Instructions (the "Agreement") whereby the parties agreed to an exchange of the City -owned property at 522 West 8th Street for the Illes- owned property at 2020 Hoover Avenue. Section 6.1.2 of that Agreement provides that either party to the Agreement shall have forty-five (45) days after the Agreement is executed (the "Contingency Period") to review and approve or disapprove, among other items, soils and environmental reports pertaining to the other party's property. On November 9, 2010, the City Council approved a First Amendment for Exchange of Real Property (the "First Amendment"), extending the Contingency Period for an additional 45 days to December 23, 2010, to provide adequate time for certain soils tests to be performed on the City Property, and for the parties to review and evaluate any reports based upon these soils tests. Wells Fargo Bank (the `Bank") is the beneficiary of a deed of trust on the Illes property. Concurrently with the exchange of the City and Illes properties, the Bank intends to transfer its deed of trust to the City property. In order to be protected from any known contamination of the City property, the Bank and Iiles have requested indemnification from the City, and that the City assume responsibility for possible future remediation activities on the City property. In order to negotiate the terms of an indemnification agreement and allow time for the City Council to consider approval, it was necessary to extend the Contingency Period set forth in the First Amendment to January 14, 2011. Therefore, a Second Amendment to Agreement for Exchange of Real Property (the "Second Amendment") was approved by the staff (in the absence of a City Council meeting between December 23 and January 11) on December 22. The proposed resolution would ratify the Second Amendment. A copy of the Second Amendment is attached to the agenda. The proposed resolution, if approved, would also authorize execution of an Indemnification Agreement between the City, Illes, and the Bank. According to the terms of the Indemnification Agreement, the City would indemnity, defend, and hold harmless Ilies and the Bank from any liability, loss, or damages resulting from any corrective action required by the County of San Diego to remediate contamination currently known to exist on the City property. Further, the 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 City would assume responsibility to reimburse Illes for the cost of such corrective action. Lastly, the Indemnification Agreement contains three qualifications to the City's obligations to provide indemnity and assume responsibility for the cost of the possible corrective action: 1) The corrective action giving rise to the City's reimbursement obligation shall be within the scope of the remediation activities identified in the "Proposal for Environmental Consulting Services" dated February 3, 2010, prepared by the City's consultant, Geosyntec Consultants. That proposal essentially provides a plan for removal ofthe above -ground fuel storage tanks ("AST's") on the City property, together with a contingency plan for potential removal of soil contaminated by leakage of the AST's. The cost of the AST removal is $24,917; the cost of implementing the contingency plan is $6,923. 2) The City's reimbursement obligation shall not exceed $32,000. 3) The City's indemnification obligation is limited to those costs and damages resulting from corrective action required by the County, and such corrective action shall be within the scope of the Geosyntec proposal. A copy of the Indemnification Agreement, including the Geosyntec proposal, is attached to the agenda. It is recommended that the proposed resolution be adopted, ratifying the Second Amendment to Agreement for Exchange of Real Property, and authorizing the Mayor to execute the Indemnification Agreement. 1-4 g GEORGE H. EISER, III Legal Counsel GHE/gmo January 3, 2011 2 Exchange of Real Property City of National City and hies Family Trust SECOND AMENDMENT TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS TO: Stewart Title Company 7675 Mission Valley Road San Diego, CA 92108-4429 (619) 692-1600 ("Escrow Holder") Escrow No.: 288553 Escrow Officer: Rhonda Bernardini Title Order No.: Title Officer: Frank Green THIS SECOND AMENDMENT TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of this 23`d day of December, 2010, by and between the CITY OF NATIONAL CITY, a , municipal corporation, ("City"), and ILLES FAMILY TRUST ("files"). The City and Illes are sometimes hereinafter referred to collectively as the "Parties". RECITALS A. On or about September 23, 2010, the Parties entered into an Agreement whereby they agreed to the exchange of the City Property at 522 West 8th Street, National City, for the Illes Property at 2020 Hoover Avenue, National City. B. Section 6.1.2 of the Agreement provides that the Grantee Party shall have forty- five (45) days after the Effective Date (the "Contingency Period") to review and approve or disapprove, inter alia, soils and environmental reports pertaining to the Grantor Party's Real Property. C. On or about November 9, 2010, the Parties amended the Agreement to extend the Contingency period by forty-five (45) days, for a total of ninety (90) days. D. It is necessary, in order to allow the Parties to prepare and approve additional documents that will facilitate completion of the exchange transaction, to further extend the Contingency Period by an additional twenty-two (22) days, for a total of one hundred -twelve (112) days. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the Parties agree that Section 6.1.2 of the Agreement for Exchange of Real Property and Joint Escrow Instructions dated September 23, 2010, is amended to read as follows: 6.1.2. Review and Approval of Documents and Materials. The Grantor Party shall deliver to the Grantee Party within ten (10) days after the Effective Date the documents and materials set forth below which pertain to the Grantor Party's Real Property that are in the Grantor Party's possession or control Party has , actual knowledge thereof at no expense to the Grantor Party ("Documents and Materials"). From the Effective Date until 5 p.m. on that date which is one hundred -twelve (112) days after the Effective Date ("Contingency Period"), the Grantee Party shall have the right to review and approve or disapprove, in its sole discretion, any or all of the Documents and Materials; provided, however, the Contingency Period and CIosing Date shall be extended by one (1) day for every day that the Grantor Party is late in delivering any of the Documents and Materials or any of the Title Documents beyond the date that the Grantor Party is required hereunder to deliver the same to the Grantee Party. With the foregoing exception, each and every provision of the Agreement for Exchange of Real Property and Joint Escrow Instructions dated September 23, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to Agreement as of the day and year first written above. ILLES FAMILY TRUST CITY OF NATIONAL CITY By: By: Richard Illes, Trustee Chris Zapata, City Manager By: Beverly Ann Ines, Co -Trustee Acceptance by Escrow Holder: Steward Title Company hereby acknowledges that it has received a fully executed original or original executed counterparts of the foregoing Agreement for Exchange of Real Property and Joint Escrow Instructions, and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder. Dated: , 2010. Stewart Title Company a California corporation By: Its Authorized Agent Name: Title: Between the City of National City 2 Amendment to Agreement for Exchange of and Richard Tiles Real Property and Joint Escrow Instructions or are reasonably available to the Grantor Party, and to the extent that the Grantor Party has actual knowledge thereof at no expense to the. Grantor Party ("Documents and Materials"). From the Effective Date until 5 p.m. on that date which is one hundred -twelve (112) days after the Effective Date ("Contingency Period"), the Grantee Party shall have the right to review and approve or disapprove, in its sole discretion, any or all of the Documents and Materials; provided, however, .the Contingency Period and Closing Date shall be extended by one (1) day for every day that the Grantor Party is late in delivering any of the Documents and Materials or any of the Title Documents beyond the date that the Grantor Party is required hereunder to deliver the same to the Grantee Party. With the foregoing exception, each and every provision of the Agreement for Exchange of Real Property and Joint Escrow Instructions dated September 23, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to Agreement as of the day and year first written above. ILLES FAMILY TRUST CITY OF NATIONAL CITY By: By: Richard Illes, Tru everly Ann Ines, C Acceptance by Escrow Holder: By: Chris Zapata, City Manager Steward Title Company hereby acknowledges that it has received a fully executed original or original executed counterparts of the foregoing Agreement for Exchange of Real Property and Joint Escrow Instructions, and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder. Dated: , 2010. Stewart Title Company a California corporation By: Its Authorized Agent Name: Between the City of National City 2 Amendment to Agreement for Exchange of and Richard IDes Real Property and Joint Escrow Instructions Title: Between the City of National City 3 and Richard Isles Real Property and Joint Escrow Instructions Amendment to Agreement for Exchange of INDEMNIFICATION AGREEMENT This Indemnification Agreement ("Agreement") is made and entered into this day of January, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), the ILLES FAMILY TRUST ("ILLES"), and WELLS FARGO BANK ("BANK"). A. CITY and ILLES entered into an Agreement for Exchange of Real Property and Joint Escrow Instructions (the "Exchange Agreement") on or about September 23, 2010. The purpose of the Exchange Agreement was for the CITY to transfer ownership of its land and improvements commonly known as 522 West 8th Street, National City (the "City Property") to ILLES, and for ILLES to transfer ownership of its land and improvements commonly known as 2020 Hoover Avenue, National City (the "Ines Property") to the CITY. B. On or about November 9, 2010, the CITY and ILLES entered into the First Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions (the "First Amendment"). The purpose of the First Amendment was to extend the Contingency Period to 90 days, within which time the CITY and II.LES could review and approve or disapprove soils and environmental reports pertaining to the other party's property. C. The BANK is the beneficiary of a deed of trust on the Illes Property. Concurrently with the transfer of the City Property to ILLES pursuant to the Exchange Agreement, BANK intends to transfer its deed of trust from the Illes Property to the City Property. D. ILLES and the BANK desire to be protected from liability arising out of any known contamination on the City Property, and have requested indemnification from the CITY, and that the CITY assume responsibility for possible future remediation activities on the City Property, and the CITY has agreed to such indemnification and to assume such responsibility. NOW, THEREFORE, for good and valuable consideration, the CITY, ILLES, and the BANK hereby agree as follows: 1. Upon the closing of escrow for the exchange of the City Property and the Illes Property, the CITY agrees to indemnify, defend, and hold harmless ILLES and the BANK from and against any claims, actions, suits, proceedings, loss, costs, damages, Iiability, or expenses resulting from any corrective action required by the County of San Diego to remediate contamination known to exist on the City Property as of the date of this Agreement, provided that such corrective shall be within the scope of the remediation activities identified in the "Proposal for Environmental Consulting Services" (the "Proposal") dated February 3, 2010 prepared by Geosyntec Consultants. Said Proposal is attached hereto as Exhibit "A" and incorporated herein by reference. 2. The CITY agrees to reimburse ILLES for the cost of any corrective action required by the County of San Diego to remediate contamination known to exist on the City Property as of the date of this agreement, provided that such corrective action shall be within the scope of the remediation activities identified in the "Proposal for Environmental Consulting Services" (the "Proposal") dated February 3, 2010 prepared by Geosyntec Consultants (Exhibit January 2011 1 Indemnification Agreement City of National City and Ines Family Trust "A"), and provided further that the CITY'S reimbursement obligation to ILLES shall not exceed $32,000.00. 3. It is understood by the parties hereto that the CITY is legally self -insured pursuant to Section 990 of the California Government Code, and Section 3700 of the California Labor Code. 4. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. 5. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. 6. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 7. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 8. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 9. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. --- Signature Page to Follow --- January 2011 2 Indemnification Agreement City ofNational City and Tiles Family Trust IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY THE ILLES FAMILY TRUST By: By: Ron Morrison, Mayor (Signature) 7 (Print) APPROVED AS TO FORM: By: (Signature) Claudia G. Silva City Attorney (Print) WELLS FARGO BANK By: (Signature) (Print) (Title) By: (Signature) (Print) (Title) January 2011 3 Indemnification Agreement City of National City and Illes Family 'Trust Geosyntec r> consultants VIA ELECTRONIC MAIL AND US MAIL Mr. Colby Young Community Development Commission of National City 1243 National City Boulevard National City, CA 91950 Subject: Proposal for Environmental Consulting Services National City Transit Yard 522 W. 8th Street National City, California Dear Mr. Young: 10875 Rancho Bernardo Road, Suite 200 San Diego, CA 92127 PH 858.674.6559 FAX 858.674.6586 www.geosyntec.com 3 February 2010 As requested, Geosyntec Consultants (Geosyntec) is pleased to present the City of National City Community Development Commission (CDC) this proposal to provide environmental consulting services (the "Services") related to the National City Transit Yard (NCTY) located at 522 W. 8th Street in National City, California (the site). This proposal has been provided in response to your request to remove the existing Above -Ground Storage Tank (AST) diesel fuel system located at the NCTY_ BACKGROUND Based on NCTY design plans provided by the CDC and a site visit by Geosyntec and its subcontractor, Fred North Construction (FNC) on 25 January 2010, the AST diesel fuel system consist of the following: two 8,000 gallon double -walled steel ASTs containing approximately 13,000 gallons of diesel fuel; a concrete pump island and fuel dispenser; approximately 120 linear feet (LF) of underground piping; a fiberglass leak detection sump; and a remote fill transfer pump. PROPOSED SCOPE OF WORK Pre -field Activities Geosyntec will prepare a site -specific Health and Safety Plan (HASP) in accordance with Occupational Safety & Health Administration (OSHA) requirements prior to mobilizing field staff and equipment to the site. The HASP will address potential health hazards at the Site, including requirements for worker protection. At least 48 hours prior to initiating subsurface sampling, Geosyntec will mark -out the limits of the proposed excavation (underground piping and appurtenances) and contact Underground Service Alert (USA) to identify the location of engineers I scientists I innovators Mr. Colby Young 3 February 2010 Page 2 Geosyntec a consultants underground utilities. A surface geophysical survey will be performed by a private underground utility locator in the vicinity of the proposed excavation to evaluate the presence of subsurface utilities and obstructions prior to commencing field activities. In addition, an AST removal permit will be obtained from the National City Fire Department prior to mobilizing to the site. During the 25 January 2010 site visit it was noted the electrical system was energized for the ASTs and fuel distribution system. Therefore, prior to initiating removal activities, Geosyntec requests that the CDC coordinate with NCTY staff to have the electrical circuits leading to the fuel system "locked out and tagged out." Field Activities Geosyntec will provide field oversight during the AST removals and excavation of underground pipe. Soil within the excavation will be monitored for the presence of hydrocarbon impacts by Geosyntec personnel. If impacted soil is identified during excavation activities, soil will be managed in accordance with the contingency plan presented in the following section. The following is a summary of the proposed scope of work for the AST iemoval: • Secure National City Fire Department AST Removal Permit; • Remove and salvage approximately 13,000 gallons diesel fuel; • Clean, remove, and recycle as clean scrap steel two 8,000 gallon double -walled steel ASTS, fuel pump, all associated piping, valves, and fittings (salvage weight is approximately 12 tons); • Remove and dispose rinsate water and residual fuel from tank and pipe cleaning process; • Excavate and backfill trenches to remove underground piping and leak detection sump; • Clean and remove 120 linear feet of underground Enviroflex® double -walled flexible piping and one 300 gallon underground fiberglass leak detection sump: dispose all as ordinary refuse at local municipal landfill; • Remove and recycle as clean scrap metal all pipe supports, control boxes, wire, and conduits; • Clean, remove, and recycle concrete pump island (20 sq. ft) and concrete slab (36 sq. ft) to remove sump (concrete will not be replaced); • Remove all associated panels, controls, conduits and wire back to panel IC. At the conclusion of field activities, Geosyntec will prepare a report documenting the AST removal activities. The report will include copies of permits, photographs of conditions encountered, and manifests for waste disposal. NationalCity.Prop_F.0203 7 0.doc engineers I scientists 1 innovators Mr. Colby Young 3 February 2010 Page 3 Geosyntec consultants Contingency Plan Geosyntec will notify the CDC immediately if impacted soil is encountered during excavation activities. In accordance with San Diego Department of Environmental Health (DEH) guidance, Geosyntec also recommends notifying the DEH in writing within 5 working days if impacted soil is encountered. If hydrocarbon -impacts appear to be localized and can be efficiently addressed within one working day while construction equipment is onsite, a limited amount of soil will be excavated and stockpiled onsite. Excavated soil will be placed on visqueen sheeting and covered or placed in a roll -off bin for characterization prior to offsite disposal. Up to five soil samples will be collected ,for total petroleum hydrocarbon (TPH) analysis in an offsite laboratory. ESTIMATED PROPOSAL BUDGET This proposal has been prepared based on the assumptions stated herein and Geosyntec's updated fee schedule dated 30 January 2009. A summary of the costs to complete the scope of work outlined herein is provided below for your review and information. Task Description Cost AST Removal • Subcontractor Expenses $ 18,4251 • Geosyntec Labor and Expenses $ 6,492 AST Removal Subtotal $ 24,917 Contingency Plan • Subcontractor Expenses $ 3,950 • Laboratory Expenses $ 253 • Geosyntec Labor and Expenses $ 2,720 Contingency Plan Subtotal $ 6,923 Geosyntec will perform these services on a time and material basis for a cost not to exceed $24,9171. If necessary, the contingency plan will be implemented on a time and materials cost not to exceed $6,923. Geosyntec will not exceed the estimated costs presented above without your prior authorization and approval. This cost estimate has been prepared based on the following assumptions: t Estimated cost includes $6,870 credit for scrap steel recycling and diesel fuel recycling, NationalCity. Prop. F.0203 10.doc engineers I scientists 1 innovators Mr. Colby Young 3 February 2010 Page 4 Geosyntec consultants • All work will be completed in one mobilization and water is available at the site free of charge. • Underground piping is in a straight line from sump to fuel pump, (approximately 120 ft) located in planter and concrete removal, if needed, will be at the unit price rate. No concrete will be replaced. • Rinsate and residual fuel generated during tank and pipe cleaning are liquid, with no solids and do not exceed 1,000 gallons. • All excavated soil is clean and can be used for backfilling trenches; if exc soil is impacted, it will be stockpiled on and covered with plastic sheeting at the unit price rate. • Power to Panel "1C" will be "tagged and locked out" at main panel by owner, prior work. • All concrete tank foundations, slabs, walks, and curbs will remain in place, except in the vicinity of the pump island and minimum necessary to remove the sump. N e—wil l r plaesd an,. cLezcavations will be.baclCfilled..with .1109 7 tons_ of imported soil to replace sump and underground pipe volumes. • Additional subcontractor expenses, if requested or required, will be incurred based on the following unit pricing: Description Unit Price Rinsate removal and disposal (> 1,000 gallons) $ 1.39 per gallon Solids removal and disposal (> 0 gallons) $ 5.45 per gallon Vac -truck washout if solids found in tanks (> 0) $ 550 per washout 6" concrete slab removal (> 56 SF) $ 7.70 per SF Remove underground piping (>120 LF) $ 55.00 per LF Soil Excavation and stockpiling (> 0/BCY) $ 27.50 per BCY Import and backfill soil (> 7 tons) $ 33.00 per ton Scrap steel salvage credit based on actual weight $ 85.00 per ton Fuel salvage credit based on actual volume $ 0.45 per gallon SCHEDULE Geosyntec will initiate implementation of the proposed scope of work upon receipt of written authorization to proceed. It is anticipated that the necessary permit application can be submitted within one week. Geosyntec estimates that the field activities described herein can be completed NationalCity.Prop. F.020310.doc engineers I scientists I innovators Mr. Colby Young 3 February 2010 Page 5 Geosyntec° consultants within approximately 2 to 3 weeks following the receipt of the approved AST removal permit. Geosyntec will prepare a letter report for submittal to the CDC within 2 weeks following removal of the AST. This proposal will constitute the service order referenced in the Professional Services Agreement between Geosyntec and the CDC, dated 2 June 2009. Geosyntec appreciates this opportunity to provide environmental consulting services to CDC in conjunction with the NCTY. If you have any questions, please contact me at (858) 674-6559. Sincerely, Geosyntec Consultants Veryl Wittig, PO, CHO Project Manager APPROVED AND ACCEPTED: City of National City Community Development Commission By: Colby Young Date N a tiona !City. Prop.F.0203 1 0.doc engineers I scientists I innovators RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A SECOND AMENDMENT TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS, AND AUTHORIZING THE MAYOR TO EXECUTE AN INDEMNIFICATION AGREEMENT WITH THE ILLES FAMILY TRUST AND WELLS FARGO BANK PERTAINING TO SAID EXCHANGE OF REAL PROPERTY (522 WEST 8TH STREET AND 2020 HOOVER AVENUE) WHEREAS, on September 23, 2010, the City and the IIles Family Trust ("IIles") entered into an Agreement for Exchange of Real Property and Joint Escrow Instructions (the "Agreement") whereby the parties agreed to an exchange of the City -owned property at 522 West 8th Street for the IIles-owned property at 2020 Hoover Avenue; and WHEREAS, Section 6.1.2 of the Agreement provides that a party shall haye forty-five (45) days after the Agreement is executed (the "Contingency Period") to review and approve or disapprove, among other items, soils and environmental reports pertaining to the other party's property; and WHEREAS, on or about November 9, 2010, the parties entered into a First Amendment to the Agreement, extending the Contingency Period by 45 days to December 23, 2010; and WHEREAS, it was necessary, in order to provide adequate time for preparation and approval of an Indemnification Agreement between the parties and Wells Fargo Bank (the "Bank"), which will hold a deed of trust on the property at 522 West 8th Street, for the parties to enter into a Second Amendment to the Agreement on or about December 23, 2010, extending the Contingency Period for 22 days, until January 14, 2011; said Second Amendment was executed by City staff and should appropriately be ratified by the City Council; and WHEREAS, the proposed Indemnification Agreement provides that the City will indemnify, defend, and hold harmless IIles and the Bank from all liability, loss, or damages resulting from any corrective action ordered by the County of San Diego for the property at522 West 8th Street, which corrective action shall be within the scope of the "Proposal for Environmental Consulting Services" prepared by Geosyntec Consultants, dated February 3, 2010; and WHEREAS, the proposed Indemnification Agreement further provides that the City will reimburse Illes for the cost of any corrective action required by the County that is within the scope of the Geosyntec proposal, and that said reimbursement obligation is limited to $32,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies a Second Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions to amend Section 6.1.2 of the Agreement to extend the Contingency Period for 22 days, for a total of 112 days. Said Second Amendment to Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor is authorized to execute an Indemnification Agreement by and between the City, the (Iles Family Trust, and Wells Fargo Bank. Said Indemnification Agreement is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2011 — Page 2 PASSED and ADOPTED this 11th day of January, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO. 20 EM TITLE: REPORT: City Council Policy Prohibiting the Sales of Beer in Small Quantities PREPARED BY: Claudia G. SilvaaC PHONE: Ext. 4222 EXPLANATION: Please see attached report. DEPARTMENT: City Attorney APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: File report. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )ort Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Mona Alvarado -Rios Louis Natividad Rosalie Zarate TO: FROM: SUBJECT: - CALIFORNIA IOL C"NCloc ED Office of the City Attorney Mayor and City Council George H. Eiser, III, Legal Counsel City Policy Prohibiting Sales of Beer in Small Quantities City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, 111 Senior Assistant City Attorney Jodi L. Doucette DATE: December 8, 2010 Recently, the question has been raised by certain retail businesses proposing to engage in the sale of beer as to whether the City would depart from its policy of prohibiting sales of beer in small quantities, e.g., in single cans or three -packs. This memorandum will discuss how this City policy came to be established, the rationale behind the policy, and the City Council's options in dealing with this issue. There is no officially -established policy of the City prohibiting the sale of beer in small quantities. However, the Planning Commission has been consistent in including conditions in CUP's prohibiting the sales of beer in smaller quantities by businesses applying to sell beer. It is believed this informal policy originated based upon requests by the ABC, and upon concerns of the Police Department. Pursuant to the Municipal Code, any conditions of approval imposed by the Planning Commission may be appealed to the City Council. The rationale of the Police Department in opposing sales of beer in small quantities is explained in the attached memorandum prepared by Lt. Graham Young. The three options available to the City Council regarding this issue are: 1. Take action to relax or eliminate the current informal policy prohibiting the sale of beer in small quantities. 2. Take action to strengthen, to the extent possible, the current informal policy. 3. Allow the current informal policy to remain in effect. Regardless of which of the above options is favored by the City Council, it may be the best course of action for the Council to adopt a formal written policy. The existence of a formal written policy would provide clear notice to the public of the policy. Further, the existence of a formal written policy would give guidance to the Planning Commission, which is the body that first considers applications for CUP's to sell alcoholic beverages. Before deciding the matter, the City Council may also wish to direct that the Planning Commission provide their input. GEORGE H. EISER, III Legal Counsel GHE/gmo 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Problems with Less than Six -Pack Sales in National City What are the benefits of allowing three -pack sales? • If the benefit is generating more sales and increasing revenue for the City through increased alcohol sales, then I believe we are heading down a dangerous path. The "not Tess than a six-pack" has worked well for us especially since we don't have a dedicated policing unit to regulate enforcement of ABC regulations and laws. Currently, ABC has three agents for enforcement south of Interstate 8. One has to ask why there is such a push for Tess than six-pack sales from retailers. • Packaging in a "three pack" is as common as single sales and is targeting a specific socioeconomic group, i.e. lower income brackets, transients, and youth. • Havi.ng worked in the grocery industry, I know that if there is a specific market (profit probability) for a product especially in bottle and can products a distributor will package a product anyway the retailer would like. The industry standard is a six-pack. • Local packaging outlets will package product in any quantity a retailer would like based on a targeted population. Six pack sales are Tess of an impulse buy, based on the volume quantity and price. • Six-pack is 6 X 12 ounces =72 ounces. • Three -pack could range from 20 ounce, 24 ounce, 32 ounce which could result in the price being cheaper for the same or more product. What results based on scientific studies have concluded. • A study by University of California Riverside Professor Robert Parker concluded that areas with a high availability of single - serving beer and alcoholic beverages were more likely to have higher rates of crime and violence. • In the research project's final report, Professor Parker wrote, "We would expect that if alcohol from single serve containers is being immediately consumed, rates of violence would tend to be higher around retailers with higher percentages of cooler space devoted to these products." Generally, single and three packs are sold cold and in larger volume containers geared for immediate consumption and targeting a specific socioeconomic group. Based on my training and experience, I have never seen a transient with a six-pack or twelve -pack, usually the transient has a single beer larger than 12 ounces. Additionally, it seems extremely unlikely that someone will buy a single can or a triple -pack to take home and refrigerate until later. • Compare alcohol to soft drinks, if a consumer wants a product for immediate consumption he buys Tess than a six pack. If he or she wants the product for later consumption then they buy a six-pack or greater. National City and the Police Department have devoted a huge amount of resources dealing with the transient population throughout the City. In the case of El Super, the location of this site is right next to transient encampments in the riverbed,next to a recycling center located on Chula Vista jurisdiction (that we have very little control over). These two factors provide transients quick access to cash to purchase a smaller amount of cold alcoholic beverage for immediate consumption steps away from where they reside and generate revenue. In the case of El Super, this location is situated directly across the street from Sweetwater high School. The availability for youth to obtain or purchase a smaller amount of cold alcoholic beverage for immediate consumption (youth do not generally purchase six-packs or greater to take home to keep cold for consumption at a later date). CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO. 21 EM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the expansion of an existing restaurant and the modification of nonconforming alcohol sales at 3421 East Plaza Blvd. (Applicant Roger Speir) (Case File 2010-29 CUP) PREPARED BY: Martin Reeder DEPARTMENT: Deve°(Sv /Planning. PHONE: 336-4313 APPROVED EXPLANATION: The project site is an existing restaurant space located between two commercial centers at the east end of Plaza Blvd. between Olive Street and East 8th Street. The previous restaurant (Manila Tokyo) was issued a Department of Alcoholic Beverage Control permit in 1993. The applicant wishes to continue operation under the existing license, but wishes to expand the restaurant (Tita's II) and offer live entertainment, thus triggering the need for a Conditional Use Permit. The attached Planning Commission Staff Report describes the project in details. The Planning Commission conducted public hearings on November 22 and December 6, 2010. Four residents spoke on the item, three with concerns over noise and community impacts, and one in support of the proposal. Commissioners asked questions regarding conditions of approval and about the CUP revocation process. Staff was asked to report back to the Commission in one year on the status of business operations. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Pruitt Nays: Flores, Reynolds ATTACHMENTS: Location Map 3. Resolution No. 32-2010 Planning Commission Staff Reports 4. Reduced Plans IC -OS 0 cp RS-2 728 w o 0 w o ! Easf8th Street i FRS-2 ,' ; ( 801 811 819 w 0 0 827 835 1 905 915 921____, CG-PP CL-PD -H35 3403 927 -H35 939• �. 943 1 • i/ /, -• • 1 1� Subject Parcel — — — Zone Boundary Leo 1 i~ 1 �_ CO ) ti w / iI I 3440 / 1 / / , I,_ 3426 l / �a 3414 m 1 N.IT . 901 / 839 Q•\--` /__------ / �7 j - t 913 -` • 1 925 ,'' I — �, 1 ao � I, 937 cD 900 I' • t i• 1 1 1 \ -------- R-1-PD \ ; i Mj -H35 _ _ i =="1 1 3420 3432 RS,1 / 82? r 833 t) i I I I I Feet 0 85 170 340 APN: 669-101-05 Planning Commission Location Map 1 2010-29 CUP 11.4.10. Title: Item no. 1 December 6, 2010 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT CONTINUED PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING RESTAURANT AND THE MODIFICATION OF NONCONFORMING ALCOHOL SALES AT 3421 EAST PLAZA BLVD. Case File No.: 2010-29 CUP Location: Plaza Blvd. and Manchester Avenue Assessor's Parcel No.: 669-101-05 Staff report by: Martin Reeder Applicant: Roger Speir BACKGROUND Previous Action This item was continued from the November 22, 2010 meeting. At the hearing a representative from the Institute for Public Strategies spoke in opposition to the proposal as well as a property owner who lives approximately 600 feet to the east in the O.D. Arnold Estates. Concerns focused on hours of operation, live entertainment and the proposed bar area. There was a discussion over limiting the hours that live entertainment should be permitted as well as the days that entertainment would be appropriate. Ultimately, staff suggested that the applicant meet with concerned community members to discuss details of the proposal. The Commission continued the item to a date certain of December 6, 2010; therefore, the project was not re -noticed. New Information There was an informal meeting held at City Hall on December 1, 2010. In addition to staff and the applicants, there were two community members in attendance. One neighbor lives approximately 600 feet to the east and the other directly across Plaza Blvd. from the restaurant, approximately 250 feet away. The former citizen stated that they did not want to see anything more than a restaurant, while the latter resident was 2 in support of the project as long as noise impacts were mitigated. The applicants reiterated that they had installed soundproofing and did not intend for any sound impacts to be present in the area. Furthermore, they agreed to close the outside seating area at 9:00 p.m. and to conduct a sound study to ensure there are no noise impacts to surrounding properties. With regard to hours and days of live entertainment, the applicant changed their request, asking for entertainment five nights a week (Wednesday through Sunday) from 5:00 p.m. until midnight. The applicants also stated that they wished to keep the proposed bar area. Analysis Conditions of approval have been modified to reflect the applicants' current request. In addition, conditions specific to noise control are included in order to mitigate possible noise impacts. These conditions (No. 34-36) require compliance with noise standards as specified in Title 12 (Noise) of the Municipal Code, prohibit any concert events or advertisement of such, and require the closure of the outside seating areas at 9:00 p.m. each evening. to addition condition number 37 requires that a sound study be commissioned providing proof of Title 12 compliance. As mentioned above, the applicant still wishes to keep the bar area, which has 12 seats. The restaurant will have a total of 186 seats. The 12 seats located in the bar area would comprise less than one percent of the overall seating. Furthermore, condition number 30 requires that no alcohol sales be permitted without the purchase of food. The applicant has indicated that food would be available in the bar. This would be similar to a lunch counter in a standard restaurant. Summary The sale of alcohol for on -site consumption at Tita's II will contribute to the viability of a restaurant, a permitted use within the Limited Commercial zone. Conditions of Approval for live entertainment and the sale of alcohol are intended to reduce the potential for adverse effects on area uses. Furthermore, the remodeling currently under way at the restaurant will help to create a new commercial draw to the area. 3 RECOMMENDATION 1. Approve 2010-29 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2010-29 CUP based on attached findings/findings to be made by the Planning Commission; or 3. Continue the item to a subsequent hearing date. ATTACHMENTS 1. Recommended Findings for Approval and Denial 2. Revised recommended Conditions 3. November 22, 2010 Staff Report with attachments 4. Applicant's Plans (Exhibit B, case file no. 2010-29 CUP, dated 10/28/2010) MARTIN REEDER Assistant Planner M • YAM BA Development Services Director 4 RECOMMENDED FINDINGS FOR APPROVAL 2010-29 CUP, 3421 East Plaza Blvd. That the site for the proposed use is adequate in size and shape, since an alcohol license has been associated with this property for some time, and the proposed entertainment would be an accessory use to the existing restaurant in an existing neighborhood commercial center and is not expected to significantly increase the demand for parking in the center. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Plaza Blvd. is classified as an arterial street in the Circulation Element and the addition of accessory live entertainment is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be subject to conditions that restrict the hours that alcohol will be available, require compliance with City noise standards and require the purchase of food with any alcohol purchase. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable commercial zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2010-29 CUP, 3421 East Plaza Blvd. 1 That the proposed use is not deemed essential and desirable to the public convenience and welfare, since the addition of live entertainment may contribute to additional calls for Police Service and noise issues in the area, inconsistent with the residential character of the surrounding community. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 5 RECOMMENDED CONDITIONS OF APPROVAL 2010-29 CUP, 3421 East Plaza Blvd. General 1. This Conditional Use Permit authorizes live entertainment and the on -sale of beer and wine within a restaurant located at 3421 East Plaza Blvd. Consumption of alcoholic beverages and live entertainment shall be limited to an area in substantial conformance with Exhibit B, case file no. 2010-29 CUP, dated 10/28/2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 7. Any plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the Califomia Electrical Code, and Califomia Title 24 energy and handicapped regulations. Fire 8. Plans submitted for improvements must comply with the current editions of the CFC, NFPA, Title 19 and National City Municipal Codes. 9. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered 6 road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. 10. The project shall be evaluated for sprinkler and fire alarm requirements. 11. A contractor license is required. Fire Protection Systems require a C-16 license and a Fire Alarm Systems require a C-10 license. The stamp shall be visible on all sets of plans. 12. Fire Sprinkler, Fire Alarm, Fire Protection Systems and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permit for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review process or 21 working days. No over the counter plan reviews accomplished. 13. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. 14. Plans will not be reviewed until fees have been paid. Check is payable to the City of National City. 15. Upon submittal for permit, the following shall be included for underground: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc; can be acquired from Sweetwater Authority. All pipe and their appliances, shall meet industry/code standards for under ground use. 16. Should any plan corrections be required, contractor must correct the plan and re- submit to the Fire Department for approval once again prior to installation. 17. Once plans are approved, contact will be made with the contractor. Contractor will be required to retrieve the approved plan from the National City Fire Department. The contractor will be required to sign the permit and pick up the approved plans. Work may not commence prior to plan pick-up. 18.A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection 19.A request for an inspection shall be made 48 hours in advance. Inspection shall be made once work is complete utilizing approved and stamped plans. Contractor shall be required to have the approved plans on site per code. 20.AII contractors shall possess a National City New Business License prior to Fire Department plan submittal. A copy of the New Business License will be required at time of plan submittal. 21. Exit signs shall be illuminated with green lettering per National City Ordinance requirements. 22. FDC caps to be Knox FDC Plugs. The application must be acquired from the National City Fire Department Administration offices. 23. If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access and shall be placed at front of property. Please contact the National City Fire Department for exact field location. 24. During construction, project shall strictly following Chapter 14 of the CFC edition "Fire Safety During Construction Alteration Or Demolition Of A Building'. Planning 25. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 12:00 a.m. seven days a week. 26.All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 27. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. There shall be no excessive advertising and/or marketing that targets youth or holidays. 28. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 29. No alcoholic beverages shall be available with take out or delivery service. 30. No alcohol shall be available without the purchase of food. 31. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 32. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 33. Entertainment shall be limited to the days of Wednesday through Sunday and to the hours of 5:00 p.m. until midnight. 34.All activities shall comply with Title 12 (Noise) of the National City Municipal Code at all times. 8 35. No public concert events are permitted as part of this permit. No advertisement targeted for a specific performer or event may be circulated outside of the restaurant and live entertainment shall be incidental to the restaurant use. 36. Service of the outside seating areas shall cease at 9:00 p.m. daily. Tables and chairs shall be stored or otherwise removed from service. 37. A sound study shall be commissioned by the applicant to ensure that live entertainment complies with Title 12 (Noise) of the National City Municipal Code. Results shall be provided to the Development Services Department and verified prior to any live entertainment being offered. 38. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Division prior to issuance of building permits. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation. 39. All plans submitted for approval shall reflect a parking lot configuration that is consistent with Land Use Code section 18.58 — Off -Street Parking and Loading. Police 40. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 9 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 4 November 22, 2010 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING RESTAURANT AND THE MODIFICATION OF NONCONFORMING ALCOHOL SALES AT 3421 EAST PLAZA BLVD. 2010-29 CUP Plaza Blvd. and Manchester Avenue 669-101-05 Martin Reeder Roger Speir Sabah Toma CL-PD-H35 (Limited Commercial — with a Planned Development and 35-foot height restriction overlay) Two-story commercial building / CL-PD-H35 Single-family residential across Plaza Blvd / RS-1 Highland Park apartments across Plaza Blvd / RM-1-PD-H35 Shopping Center and Single-family residential beyond / RS-2 Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) 10 BACKGROUND Site Characteristics The project site is an existing restaurant located between two commercial centers at the east end of Plaza Blvd. between Olive Street and East 8th Street; the building was constructed in 1975 as a produce market. Building plans on file show a total of 28 parking spaces on site dedicated to the business. The restaurant (Tita's II) applied for a business license in July of this year, although there has been a restaurant at this location for many years. The previous restaurant (Manila Tokyo) was issued an alcohol permit from the Department of Alcoholic Beverage Control (ABC) in 1993. The applicants have operated another business, Tita's Kitchenette, at 2720 Plaza Blvd for almost 20 years. The owners of Tita's restaurant were transferred the ABC license in September of this year. The Type 41 license (On -Sale Beer and Wine for Bona Fide Public Eating Place), is considered non -conforming as there is no Conditional Use Permit (CUP) on file for the property — the City's CUP requirement for alcohol sales was not instituted until 2003. The existing license has four conditions: • Entertainment shall not be audible outside of business premises; • No bar; • No alcohol sales between midnight and 6:00 a.m.; • Alcohol sales shall not exceed the sale of food. There is an existing non -permitted addition on the south side of the building. The addition expands the restaurant by approximately 299 square feet. Proposed Use The applicant wishes to continue to operate under a Type 41 license (no distilled spirits sales are being requested). However, the applicant is requesting to expand the restaurant including legalizing the non -permitted addition, adding a walk-in freezer, bar, stage and DJ area, and two outdoor dining areas. No alcohol is proposed to be served outside. The restaurant operation proposal includes being open from 10:00 a.m. until 1:00 a.m. daily, with alcohol sales ceasing at midnight. From 10:00 a.m. until 5:00 p.m. the restaurant would provide short-order service; from 5:00 p.m. until 7:00 p.m. (happy hour) a buffet service would be provided; a set dinner menu would be offered from 7:00 p.m. until close. The restaurant also proposes to provide take-out and catering service. The restaurant would also offer entertainment, starting during happy hour and continuing until closing. The applicant has stated that entertainers may be solo or in a 11 group — focusing on local musicians — but does not intend to have any concert events. They have also stated that soundproofing material has been installed in the building. Analysis Addition/Remodel As part of the new restaurant ownership, the applicants are remodeling the building by expanding the kitchen storages area (walk-in cooler), requesting the legalization of the non -permitted addition, adding two outdoor patio areas, with new awnings, and refinishing the outside walls. The walls of the building would be finished with stucco and repainted. A new awning is proposed for the main entrance and also above each of the patios. A low stone veneer wall is proposed around the outside seating areas. Although not part of the CUP application (no alcohol is proposed outside), the remodeling of the restaurant will improve the appearance of the business, bringing it more in line with the quality restaurant model the applicant is seeking to portray. Landscaping is a large part of the upgrade, with additional plants throughout the property frontages and adjacent to the building. There are already multiple palms and other trees along the Plaza Blvd. frontage. The proposed bar is approximately 15 feet Tong and has six seats at the service side of the bar_ There are six more seats facing the main dining room in the same area. The whole bar area is approximately 109 square feet in size. The proposed stage is located along the south side of the building, the area of the non -permitted expansion. The stage would be 411 square feet in size. There is also a small DJ area in the dining room that is around 36 square feet in size. Parking Parking for restaurants is based on the amount of fixed seats and other areas where people may assemble. Plans show 36 fixed seats, 12 bar seats and 80 moveable seats (tables in the main dining area). The outside seating areas would be able to accommodate a further 58 seats. As mentioned above, plans on file show 28 existing parking spaces. The addition of a new walk-in freezer (158 square feet) and the legalization of the non -permitted (299 square feet) would not trigger additional parking spaces, as parking standards for restaurants are based on the number of seats. However, two additional parking spaces are to be provided — project plans show 30 spaces proposed. It should be noted that the layout of the parking lot is not completely per code. For example, the back up space for the spaces on the north side of the building is not the minimum 24 feet required. However, there is room to fit 30 spaces if the aforementioned spaces are changed to angled spaces. A Condition of Approval has been added to require a parking lot configuration consistent with The Land Use Code. The parking lot plan will be evaluated during the building permit process. Outdoor seating areas have not historically required additional parking and have not been required to be parked in this case. 12 Institute for Public Strategies comments Comments from the Institute for Public Strategies (IPS) indicated concerns over live entertainment encouraging the transition to a dancing venue, and no alcohol sales after midnight (addressed in Condition No. 8). Fire Department comments Comments were provided by the Fire Department related to the tenant improvements and construction activities. These comments are included as Conditions of Approval under "Fire". Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales (no sale of alcohol without food, annual reporting of food/alcohol sales). Conditions have also been included to prohibit the delivery or take-out of alcohol and to comply with Municipal Code noise limitations. Summary The sale of alcohol for on -site consumption at Tita's 11 will contribute to the viability of a restaurant, a permitted use within the Limited Commercial zone. Conditions of Approval for live entertainment and the sale of alcohol are intended to reduce the potential for adverse effects on area uses. Furthermore, the remodeling currently under way at the restaurant will help to create a new commercial draw to the area. Although the alcohol license exists, the addition of entertainment may change the dynamic of the clientele frequenting the business, potentially contributing to additional calls for police service. In addition, limited Police resources would make it difficult to ensure compliance with the increasing number of alcohol licenses citywide. 13 RECOMMENDATION 1. Approve 2010-29 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2010-29 CUP based on attached findings/findings to be made by the Planning Commission; or 3. Continue the item to a subsequent hearing date. ATTACHMENTS 1. Recommended Findings for Approval and Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Police Department comments 6. Applicant's Community Meeting (Minutes, and Sign -In Sheet) 7. Notice of Exemption 8. Public Hearing Notice (Sent to 286 property owners and occupants) 9. Site photos 10. Applicant's Plans (Exhibit B, case file no. 2010-29 CUP, dated 10/28/2010) MARTIN REEDER Assistant Planner MARYAM BABAKI Development Services Director 14 RECOMMENDED FINDINGS FOR APPROVAL 2010-29 CUP, 3421 East Plaza Blvd. That the site for the proposed use is adequate in size and shape, since an alcohol license has been associated with this property for some time, and the proposed entertainment would be an arr.Pssory use to the existing restaurant in an existing neighborhood commercial center and is not expected to significantly increase the demand for parking in the center. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Plaza Blvd. is classified as an arterial street in the Circulation Element and the addition of accessory live entertainment is not expected to result in an appreciable increase in traffic. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be subject to conditions that restrict the hours that alcohol will be available, require compliance with City noise standards and require the purchase of food with any alcohol purchase. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable commercial zone. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2010-29 CUP, 3421 East Plaza Blvd. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since the addition of live entertainment may contribute to additional calls for Police Service and noise issues in the area, inconsistent with the residential character of the surrounding community. 2. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 15 RECOMMENDED CONDITIONS OF APPROVAL 2010-29 CUP, 3421 East Plaza Blvd. General 1. This Conditional Use Permit authorizes live entertainment and the on -sale of beer and wine within a restaurant located at 3421 East Plaza Blvd. Consumption of alcoholic beverages and live entertainment shall be limited to an area in substantial conformance with Exhibit B, case file no. 2010-29 CUP, dated 10/28/2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 7. Any plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and Califomia Title 24 energy and handicapped regulations. Fire 8. Plans submitted for improvements must comply with the current editions of the CFC, NFPA, Title 19 and National City Municipal Codes. 9. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered 16 road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. 10. The project shall be evaluated for sprinkler and fire alarm requirements. 11. A contractor license is required. Fire Protection Systems require a C-16 license and a Fire Alarm Systems require a C-10 license. The stamp shall be visible on all sets of plans. 12. Fire Sprinkler, Fire Alarm, Fire Protection Systems and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permit for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review process or 21 working days. No over the counter plan reviews accomplished. 13. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. 14. Plans will not be reviewed until fees have been paid. Check is payable to the City of National City. 15. Upon submittal for permit, the following shall be included for underground: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc; can be acquired from Sweetwater Authority_ All pipe and their appliances, shall meet industry/code standards for under ground use_ 16. Should any plan corrections be required, contractor must correct the plan and re- submit to the Fire Department for approval once again prior to installation. 17. Once plans are approved, contact will be made with the contractor. Contractor will be required to retrieve the approved plan from the National City Fire Department. The contractor will be required to sign the permit and pick up the approved plans. Work may not commence prior to plan pick-up. 18.A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection 19. A request for an inspection shall be made 48 hours in advance. Inspection shall be made once work is complete utilizing approved and stamped plans. Contractor shall be required to have the approved plans on site per code. 20.AII contractors shall possess a National City New Business License prior to Fire Department plan submittal. A copy of the New Business License will be required at time of plan submittal. 21. Exit signs shall be illuminated with green lettering per National City Ordinance requirements. 22. FDC caps to be Knox FDC Plugs. The application must be acquired from the National City Fire Department Administration offices. 17 23. If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access and shall be placed at front of property. Please contact the National City Fire Department for exact field location. 24. During construction, project shall strictly following Chapter 14 of the CFC edition "Fire Safety During Construction Alteration Or Demolition Of A Building". Planning 25. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 12:00 a.m. seven days a week. 26.All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 27. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. There shall be no excessive advertising and/or marketing that targets youth or holidays. 28. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 29. No alcoholic beverages shall be available with take out or delivery service. 30. No alcohol shall be available without the purchase of food. 31. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 32. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 33. No public concert events are permitted as part of this permit. Entertainment shall be limited to normal business hours and shall comply with Title 12 (Noise) of the National City Municipal Code at all times. No advertisement targeted for a specific performer or event may be circulated outside of the restaurant and live entertainment shall be incidental to the restaurant use. 18 34. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Division prior to issuance of building permits. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation. 35. All plans submitted for approval shall reflect a parking lot configuration that is consistent with Land Use Code section 18.58 — Off -Street Parking and Loading. Police 36. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 19 RESOLUTION NO. 32-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING RESTAURANT AND THE MODIFICATION OF NONCONFORMING ALCOHOL SALES AT 3421 EAST PLAZA BLVD. CASE FILE NO. 2010-29 CUP APN: 669-101-05 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of an existing restaurant and the modification of nonconforming alcohol sales at 3421 East Plaza Blvd. at a duly advertised public hearings held on November 22, 2010 and December 6, 2010, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2010-29 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on November 22, 2010 and December 6, 2010, support the following findings: That the site for the proposed use is adequate in size and shape, since an alcohol license has been associated with this property for some time, and the proposed entertainment would be an accessory use to the existing restaurant in an existing neighborhood commercial center and is not expected to significantly increase the demand for parking in the center. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Plaza Blvd. is classified as an arterial street in the Circulation Element and the addition of accessory live entertainment is not expected to result in an appreciable increase in traffic. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be subject to conditions that restrict the hours 20 that alcohol will be available, require compliance with City noise standards and require the purchase of food with any alcohol purchase. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable commercial zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes live entertainment and the on -sale of beer and wine within a restaurant located at 3421 East Plaza Blvd. Consumption of alcoholic beverages and live entertainment shall be limited to an area in substantial conformance with Exhibit B, case file no. 2010-29 CUP, dated 10/28/2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 21 7. Any plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the Califomia Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Fire 8. Plans submitted for improvements must comply with the current editions of the CFC, NFPA, Title 19 and National City Municipal Codes. 9. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no Tess than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. 10. The project shall be evaluated for sprinkler and fire alarm requirements. 11.A contractor license is required. Fire Protection Systems require a C-16 license and a Fire Alarm Systems require a C-10 license. The stamp shall be visible on all sets of plans. 12. Fire Sprinkler, Fire Alarm, Fire Protection Systems and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permit for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review process or 21 working days. No over the counter plan reviews accomplished. 13. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. 14. Plans will not be reviewed until fees have been paid. Check is payable to the City of National City. 15. Upon submittal for permit, the following shall be included for underground: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc; can be acquired from Sweetwater Authority. All pipe and their appliances, shall meet industry/code standards for under ground use. 16. Should any plan corrections be required, contractor must correct the plan and re- submit to the Fire Department for approval once again prior to installation. 17. Once plans are approved, contact will be made with the contractor. Contractor will be required to retrieve the approved plan from the National City Fire Department. The contractor will be required to sign the permit and pick up the approved plans. Work may not commence prior to plan pick-up. 22 18.A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection 19.A request for an inspection shall be made 48 hours in advance. Inspection shall be made once work is complete utilizing approved and stamped plans. Contractor shall be required to have the approved plans on site per code. 20. All contractors shall possess a National City New Business License prior to Fire Department plan submittal. A copy of the New Business License will be required at time of plan submittal. 21. Exit signs shall be illuminated with green lettering per National City Ordinance requirements. 22. FDC caps to be Knox FDC Plugs. The application must be acquired from the National City Fire Department Administration offices. 23. If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access and shall be placed at front of property. Please contact the National City Fire Department for exact field location. 24. During construction, project shall strictly following Chapter 14 of the CFC edition "Fire Safety During Construction Alteration Or Demolition Of A Building". Planning 25. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 12:00 a.m. seven days a week. 26.AII persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 27. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. There shall be no excessive advertising and/or marketing that targets youth or holidays. 28. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 29. No alcoholic beverages shall be available with take out or delivery service. 30. No alcohol shall be available without the purchase of food. 31. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their 23 judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 32. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 33. Entertainment shall be limited to the days of Wednesday through Sunday and to the hours of 5:00 p.m. until midnight. 34. All activities shall comply with Title 12 (Noise) of the National City Municipal Code at all times. 35. No public concert events are permitted as part of this permit. No advertisement targeted for a specific performer or event may be circulated outside of the restaurant and live entertainment shall be incidental to the restaurant use. 36. Service of the outside seating areas shall cease at 9:00 p.m. daily. Tables and chairs shall be stored or otherwise removed from service. 37. A sound study shall be commissioned by the applicant to ensure that live entertainment complies with Title 12 (Noise) of the National City Municipal Code. Results shall be provided to the Development Services Department and verified prior to any live entertainment being offered. 38. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Division prior to issuance of building permits. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation. 39. Alt plans submitted for approval shall reflect a parking lot configuration that is consistent with Land Use Code section 18.58 — Off -Street Parking and Loading. Police 40. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 24 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meetings held on November 22, 2010 and December 6, 2010, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt NAYS: Reynolds, Flores ABSENT: ABSTAIN: CHAIRP 25 F°WLmY J0425 f,_1 [CIO CD I1717 7— // PROJECT INFORMATION // / 0� / iZ Z O1 / // 1 EXISTING SITE PLAN vs P9u[n 14a0LYr. 31/1 L NASA 0OL10/0p. 101101111 Cm, a .1150 .Pn: o• vice1. 5 ry rs PRwta vu e0 PAse 9t gt- A e•9 p k77. 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NO LwNOC m 6211/ sr sr 1▪ x0oa?°''"o uLAi, VAS ARµ N: O a 1.010 A A 0V'pxG 4 aWes uY Sr o� ar sr lee sF LEGEND • S1TE 4NSee CONSINI01 0 NO01 - -- N IN4rr0v NSF Cy) ma Nei reNessOle we//1 V 010.40 #(0In•0/0/ee or E •20 O N WN 1}[ee iome:�M14 u�ml44 0 LSLO Aa xru R, MG +M,„—,rp (d plc 151E DON Oi lI x 4 seos i[ cct. r0+ ' +vG ulO YnpAI[([1 AC[fW Ip ML R CML;DE7, I�COK Lw •4 v[vun SN C 09 OM�NO MG 4201 0 1pes , O.—. 1u-A-E pPG•n5 "ill GAIN �r[E1�NSIONWnT ^w]n a0NCV4n muM�C Pwn :doro / Mo .iaia 1 o wow r a/ N°LYO� i 0 5 P r• r" CAMILLE y g A p • r0E I5: W0 ,', PAxxa'C Lp1 , (i Full Ia N [t EPY n[0'MM INN s N0 wu 1(040 10 xO 4ON 8 x4 91avwW ry1 K Pxx'[0 INI b xOTJ on M F EXHIBIT B CASE FILE NO, 2010-29 CUP DATE, 10/28/2010 • 1N m 10.04 • TITA oe / 09.28,10 ▪ .la n[ • • • 1 • ••/ NRN.• EXISTING and PROPOSED SITE PLAN A1[1 E) HEN COOLER FREEZER (E STOR FOOD SEFRVI AREA (E) OFFICE E�tVICE LANE 8 LINE A EATING AREA cLD CID ////////// NO / PARKING ME RESTR0 N II_L_ BA F �NCFI p�R'f HOSE ESS N) SAGE AREA PROPOSED FLOOR PLAN LEGEND CONSTRUCTION 5.0001. coxprM LO0X 0000 1 r+� �9 P M N.Yrluc 9uomram� I(1 V51Gp/4N;Pt 0. 00, OVO(f 0Y eN x• Rae o a*Z 2.1 : Aiium • OC y xoee nw e. nvO wrap np ltte�q tames a/e• ro(. nXpr.( vr( wn ram' apt o•wwu[-t Ma W Mos a .e•acor HA( MI( 1.0 Iu % wrap e'-o• w ip/ A5A. - p 4.. MNL M M'x. }/u SOMs 0V30E1 ODI ie a'N a [W('L1 `Pe an< RMwAa'"OC, 3A <.e 4Xca. a(e rwpx xlxnul .e 9q Nm4'I/Av.t mga Xang1172tl 4l.oVry �� Ply Ro DUD I1I1 Vl l 0i4gIti n[ retr.¢ pO lxiX �60 I•• (- S(CRw. L1 n! I/Y.In :-I! ' k fN01 . LxNO On!a taµeXOC "/ IN PoR m5W11 -L 1K) Ir ,f.lAM a OApe Ct .wSH -NHA t/}' Cyp, IIJF w0 S are ./ 1' Loup Ie an • Free 0ec ore 'Dnutn torei MN 1•u we stioS• 1e PC a.. .r( . xua.. wa we TRY 1M mus " non: u¢R e/e' '.' p Dr, i• L.0 5x5 omn u• oe ero P.10 it X. XL oRO sk.. $ap x s5nwxc . 4L ivu1u, uoL 5 Doc ter lot wo arx.:e R.CxuLM' M / 600 Ip C'n . Ccpp1. OC <n1 nso a.' x =nt p .,1tre1 CAMILLE ,• • • t x• er, 1004 •TITA i 09.28.10 • r1 u.. ostrx.1. m Sa. a cm e4010m PROPOSED £ FLOOR PLAN a 3 pxe 1 x. es. A2.1 REFLECTED CEILING LEGEND 1714.. row, 11 9mnu EXTERIOR ELEVATION LEGEND �dC" r.PWfon"'" PROPOSED PATIO AWNING PLAN TITAX T I Tf, PROPOSED ENTRY ELEVATION 2 BY camiOE$ICN, DO NOT OUPLICAtE. EN TITA'S II RESTAURANT DC 0 LU m°� (n a- < F- U Z - O w Z 0 � 0 P.. tc, C. CAMILLE 10.04 • TITA oe 09.28.10 P ..I Po Pole i1 0A PROPOSED PATIO AWNING PLAN i AND EXTERIOR 3 ° ELEVATION A3.1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 11, 2011 AGENDA ITEM NO. 22 sport: Update to the City Council on the Business Outreach and Retention Program: Second monthly business license report PREPARED BY: Colby Young, Project Manager PHONE: X4297 EXPLANATION: On October 5, 2010 City Council requested staff look at the possibility of reaching out to new businesses coming to National City to inform them of City resources and requested staff provide a regular monthly report of new business licenses issued in the City. The first of these ongoing reports was presented November 9, 2010. DEPARTMENT: R APPROVED BY - The Finance Department provided a printout of new business licenses distributed in October and November 2010. The list indicates the business start date, name, address, primary contact, business phone number, and SIC code. The list identifies licenses issued to all businesses types, including home businesses and businesses operating at the National City Swap Meet. Businesses with the address listed as 3200 D Avenue are businesses operating at the National City Swap Meet. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: List of Business Licenses Issued in October and November 2010 Time I8AM ATTAC 'ENT 1 1/3/2011 Start Date Bus No, Business Name Address Business City State Zip Primary Contact Bus Phone SIC 10/01/2010 81524 VALLARTA SUPERMARKET #36 10/06/2010 81666 SAVE THE PLANET RECYCLING 10/06/2010 81667 JORGE GRANILLO 901 EUCLID AVE NATIONAL CITY 303 HIGHLAND AVE NATIONAL CITY 3200 D AVE NATIONAL CITY 10/07/2010 81668 MARIA ELENA GUTIERREZ 3200 D AVE NATIONAL CITY CA CA CA CA 91950-3855 91950-1519 91950-7326 91950-7326 GONZALEZ, MIGUEL A (PRES) RODRIGUEZ GARCIA, FRANCISC GRANILLO, JORGE GUTIERREZ, MARIA ELENA (818)485-0596 (619)662-0626 (619)563-6055 (619)440-9871 5411 9999 5999 5999 10/11/2010 81670 10/122010 81673 PACIFIC EXPRESS SERVICES ORIGINAL PIZZA PLAZA 10/14/2010 81674 J T RESEARCH 10/14/2010 81675 JORGE A MARTINEZ 1442 HIGHLAND AVE NATIONAL CITY 3108 E PLAZA BLVD NATIONAL CITY 3030 PLAZA BONITA R NATIONAL CITY 3211 ISLAND AVE NATIONAL CITY CA CA CA CA 91950-4624 91950-3932 91950-8014 91950 AGPAOA, FERDINAND R LOMOELICA, GASPER (PARTNER) TONELLI, MICHAEL B MARTINEZ, ANTONIO (619)474-1547 (619)475-8555 (619)267-6400 (619)236-8683 4731 5812 8732 5999 10/14/2010 81676 A & D HAWAIIAN BBQ 2220 E PLAZA BLVD S NATIONAL CITY CA 91950-5162 MA, CATHY J (619)267-8888 5812 10/19/2010 81680 ALMA GARCIA 10/21/2010 81684 CEREZO, AGUILAR ELIEL 10/21/2010 81685 GRACIELA ELLIOTT 3200 D AVE 3200 D AVE 2602 TRANSPORTATIO 10/20/2010 81686 10/15/2010 81712 FRANK SUBARU PROGRESO FINANCIERO NATIONAL CITY CA 91950-7326 NATIONAL CITY CA 91950-7326 NATIONAL CITY CA 91950-8531 GARCIA, ALMA CEREZO, ELIEL ELLIOT, GRACIELA 2940 NATIONAL CITY B NATIONAL CITY CA 91950-7228 FORNACA, JAMES (PRES) 2409 E PLAZA BLVD NATIONAL CITY CA 91950-5101 GUTIERREZ, JAMES (CEO) (619)250-1367 5999 (619)554-4524 5999 (619)319-5788 7231 (619)470-5600 5511 (650)526-3606 6141 Total number of Accounts LicenseTrack 14 new business 05/30/2007 Time 8:35:58AM New Business Report With Phone Date 1/32. Page 1 Start Date Bus No, Business Name 11/15/2010 81672 BLADE MASTER PLUS Address 3030 PLAZA BONITA R Business City State Zip NATIONAL CITY CA 91950-8009 Primary Contact MARKS, JOHN (PARTNER) Bus Phone SIC (318)426-9971 5999 11/10/2010 81692 LESLIE RAYGOZA 3200 D AVE NATIONAL CITY CA 91950-7326 RAYGOZA. LESLIE (619)477-2203 5999 11/04/2010 81694 TUYET DOAN 11/25/2010 81703 11/022010 81704 AMIGOS WIRELESS 310 E 8TH ST STE B 2425 NATIONAL CITY B NATIONAL CITY CA 91950-2312 NATIONAL CITY CA 91950-6627 DOAN, TUYET PARTIDA, VICTORINO (619)267-1447 7231 (619)474-2917 4812 BLUE SKY TRAVEL & SVCS 11/02/2010 81705 AH BEADS 11/09/2010 81707 11/09/2010 81709 11/09/2010 81710 JUANA HORTENCIA HERNANDEZ TLC BOARD AND CARE INSTITUTE WEST DIVING SERVICES, INC 1400 E PLAZA BLVD S 3030 PLAZA BONITA R 2700 E 4TH ST STE 20 122 S KENTON AVE 1706 HOOVER AVE NATIONAL CITY CA 91950-3614 NATIONAL CITY CA 91950-8033 NATIONAL CITY CA 91950-3006 NATIONAL CITY CA 91950-2145 NATIONAL CITY CA 91950-5512 COOLEY, ARLENE A CARRILLO, NORMA M HERNANDEZ, JUANA H GONZALEZ, NORA WEST, FREDERICK W (PRES) (619)336-0448 4724 (619)472-9948 5632 (619)399-5424 7389 (619)549-5307 8999 (619)474-6310 1599 11/16/2010 81711 J.N.G. WOOD PRODUCTS, INC 11/14/2010 81713 AMAZING WOMEN CLOTHING 11/08/2010 81714 HDI SAN DIEGO 2101 WILSON AVE 336 HIGHLAND AVE 931 S HARBISON AVE NATIONAL CITY CA 91950-6541 NATIONAL CITY CA 91950-1510 NATIONAL CITY CA 91950-3920 PERALTA, VERONICA G (PRES) JARAMILLO, NORA A GUZMAN, LUZ (619)434-7586 5211 (619)309-8233 5932 (619)267-2379 5999 11/10/2010 81719 11/10/2010 81720 11/15/2010 81721 11/10/2010 81722 11/11/2010 81725 MARGARITA RZ MAAC PROJECT TOTAL OWNAGE CELL PHONE & PC REPA TOTAL OWNAGE CELL PHONE & PC REPA 3200 D AVE 1703 HOOVER AVE # B 1504 NATIONAL CITY B 1504 NATIONAL CITY B NATIONAL CITY CA 91950-7326 NATIONAL CITY CA 91950-5511 NATIONAL CITY CA 91950-4404 NATIONAL CITY CA 91950-4404 RODRIGUEZ. MARGARITA PIZANO,ANTONIO (PRES/CEO) KESSELRING, SCOTT D KESSELRING, SCOTT (619)408-8199 5999 (619)409-7588 8999 (619)204-5923 7378 (619)204-5923 7378 FIESTA NUTRICIONAL 11/17/2010 81732 HERLINDA MORENO 831E 30TH ST 3200 D AVE NATIONAL CITY CA 91950-7448 NATIONAL CITY CA 91950-7326 TOMAYO, ENRIQUE R MORENO, HERLINDA (619)246-4603 5999 (619)327-1232 5999 11/17/2010 81734 INNOVATIVE FEDERAL CONSTRUCTION GR 11/16/2010 81735 11/16/2010 81737 11/22/2010 81740 11/22/2010 11/24/2010 11/25/2010 11/15/2010 CARMEN PEAVEY CHRISTMAS TREES OWEN ORTA A E PAULE, CPA 81741 GAPO ORIENTAL STORE 81746 VITAL TRANSPORTATION LLC 81747 MCGONAGLE'S 81751 ROBERT E EISENBERG, M.D., INC 10E1ST ST 3007 HIGHLAND AVE 3200 D AVE 1400 E PLAZA BLVD 3403 E PLAZA BLVD 131 W 33RD ST STE 3 1231 HIGHLAND AVE 655 EUCLID AVE STE 3 NATIONAL CITY CA 91950-1202 NATIONAL CITY CA 91950-7400 NATIONAL CITY CA 91950-7326 NATIONAL CITY CA 91950-3614 NATIONAL CITY CA 91950-4140 NATIONAL CITY CA 91950-7267 NATIONAL CITY CA 91950-3536 NATIONAL CITY CA 91950-2972 WICK, LARRY L (VP,CEO) PEAVEY, JONNA G ORTA, OWEN PAULE, ADELINA ELIZABETH MALABAD, ROSELLER N ORELLANA, LISVETTE C MCGONAGLE, DAVID E EISENBERG, ROBERT B (619)474-4164 1599 (619)942-1868 5999 (619)288-1264 5999 (619)336-0482 8721 (619)471-6513 5411 (619)770-7425 4119 (619)259-2777 5812 (619)267-3020 8011 Total number of Accounts 26 LicenseTrack new business 05/30/2007 —STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT January 11th, 2011 AGENDA ITEM NO. 23 ITEM TITLE: ;Authorize the reimbursement of Community Development Commission expenditures in the amount of $971,023.46 to the City of National City for the period of 11/24/10 through 11/30/10 PREPARED BY: K. Apalategui PHONE: 619-336-4331 DEPARTMENT: APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVE APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $971,023.46 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: ..arrants for the period of 11/24/10 through 11/30/10 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 22 11/30/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 27,703.09 26,683.30 912,534.96 4,102.11 971,023.46 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #22 11/30/2010 PAYEE DESCRIPTION CHK NO DATE AMOUNT BEST BEST & KRIEGER LLP LEGAL SVCS/ RDA PLAN MATTERS 239295 11/30/10 45,081.71 DESROCHERS RETIREE HEALTH BENEFITS DEC'10 239296 11/30/10 110.00 DIXIELINE BUILDERS CONSTRUCT SVCS - CASA FAMILIAR 239297 11/30/10 24,748.76 LASER SAVER INC MOP# 45725. INK CARTRIDGES/CDC 239298 11/30/10 109.70 LOLA HAPPY BAKERY ECONOMIC DEVELOPMENT LOAN 239299 11/30/10 3,000.00 N C CHAMBER OF COMMERCE AGREEMENT OCT, NOV & DEC 2010 239300 11/30/10 12,500.00 OPPER & VARCO CONSULTANT SVCS / WI-TOD 239301 11/30/10 383.50 POWER PLUS EQUIPMENT RENTAL (POWER POLES) 239302 11/30/10 195.00 SAN DIEGO HOUSING COMMISSION OVERPAYMENT OF PORT -IN FOR HAP 239303 11/30/10 729.20 SDG&E GAS AND ELECTRIC UTILITIES / CDC 239304 11/30/10 175.80 STRADLING YOCCA CARLSON & LEGAL SVCS I SUDBERRY/GATEWAY 239305 11/30/10 337.50 TIERRA WEST ADVISORS INC PROFESSIONAL SERVICES / OCT 2010 239306 11/30/10 9,162.50 VERIZON WIRELESS VERIZON WIRELESS SERVICE / SEC 8 239307 11/30/10 343.62 ATP GENERAL ENGINEERING STREET RESURFACING PAYMENT 3 239318 11/30/10 739,965.63 HARRIS & ASSOCIATES INC 8TH ST CONCEPTUAL DESIGN 239348 11/30/10 40,130.10 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE DEC 2010 239361 11/30/10 191.09 STAPLES ADVANTAGE MOP 45704 OFFICE SUPPLIES - CM 239407 11/30/10 41.56 SECTION 8 SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 24 11/2/2010 Start Dale 11/24/2010 End Date 11/15/2010 End Date 11/30/2010 Check Date 11/24/2010 A/P Total $ 877,205.67 6,218.38 87,599.41 GRAND TOTAL $ 971,023.46 ---ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT January 11th, 2011 AGENDA ITEM NO. $4 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $42,379.43 to the City of National City for the period of 11/17/10 through 11/23/10 PREPARED BY: ';K. Apalategui PHONE: i619-336-4331, DEPARTMEN APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $42,379.43 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: 1N/A 'ACHMENTS: ....rants for the period of 11/17/10 through 11/23/10 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 21 11/23/2010 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 733.35 25, 623.91 7,200.22 8,611.95 210.00 42,379.43 Ty COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #21 11 /23/2010 PAYEE BRG CONSULTING, INC COOPER'S PLUMBING & HEATING DIXIELINE BUILDERS EQUIFAX INFORMATION SVCS FEDEX LASER SAVER INC LOPEZ PRO BUILD PRUDENTIAL OVERALL SUPPLY SMART SOURCE OF CALIFORNIA LLC STAPLES ADVANTAGE SWEETWATER AUTHORITY HdL COREN & CONE STAPLES ADVANTAGE DESCRIPTION DOWNTOWN SPEC PLAN AMENDMENT TEST OF BACKFLOW ASSEMBLY CONSTRUCTION SVCS/CASA FAMILIAR INFORMATION SERVICES / SEC 8 ANIMAL SHELTER COSTS FOR FY 2011 MOP# 45725. INK CARTRIDGES / SEC8 TRANSLATION SERVICES / CDC MOP# 45707. PAINTING SUPPLIES/NSD MOP 45742 LAUNDRY SERVICE MOP 63845 BUSINESS CARDS MOP# 45704. OFFICE SUPPLIES / SEC8 WATER UTILITIES FOR CDC CONT SVCS PROP TAX OCT-DEC 2010 MOP 45704 OFFICE SUPPLIES-PD CHK NO DATE AMOUNT 239202 11/23/10 6,633.66 239203 11/23/10 70.00 239204 11/23/10 32,824.13 239205 11/23/10 56.22 239206 11/23/10 53.83 239207 11/23/10 315.16 239208 11/23/10 210.00 239209 11/23/10 405.97 239210 11/23/10 41.61 239211 11/23/10 229.38 239212 11/23/10 132.59 239213 11/23/10 169.64 239240 11/23/10 1,200.00 239278 11/23/10 37.24 A/P Total $ 42,379.43 GRAND TOTAL $ 42,379.43 ITEM #25 1/11/2011 SCHEDULING FEBRUARY 5, 2011 FOR THE CITY COUNCIL PLANNING AND BUDGET WORKSHOP (CITY MANAGER) ITEM #26 1/11/2011 EMPLOYEE WORK FURLOUGH REPORT (CITY MANAGER) ITEM #27 1 /1 /2011 CLOSED SESSION REPORT (CITY ATTORNEY) ITEM #2g 1/11/2011 CITY OF NATIONAL CITY PERFORMANCE RECOGNITION PROGRAM Understanding that the City of National City employees are its most valuable assets, the City has developed a program to reward exemplary performance by these employees —the Performance Recognition Program. This program is intended to communicate the City's appreciation for outstanding work performance and service, by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment. Program Goals The National City Performance Recognition Program is designed to recognize and reward employees for exceptional performance beyond their normal job requirements. It exists specifically to acknowledge and select employees who demonstrate skills and abilities, which significantly enhance the City of National City's operations and services. The objectives of the program are: involve employees in continuous improvement of City services by recognizing excellent work; to promote employee innovation which results in productivity and performance improvements; to promote team spirit and unity of purpose within the City, based on shared achievement; to develop criteria or guidelines for assessing exceptional performance and public service within the City. Who is Eligible? All regular, non -management employees (in permanent non -probationary positions) of the City of National City are eligible. Eligibility Guidelines for the Nominees: • Demonstration of a high level of service to and concern for the needs of the public. • Work performance above and beyond that of others in not only their department but throughout the City. • Application of a particular skill or talent not generally included in the employee's job function. • Assumes a leadership role (consistently sacrificing personal output to assist in training new employees, etc.) 1 • Acts on improving relations between the public, employees, departments, other agencies, governmental bodies or community groups. Protocol To assure each department has an opportunity to partake in the recognition program, City departments have been divided into 12 groups, for each month of the year. Each department or departments will have the latitude to participate once a year as indicated by the following schedule: Janua Dark February Library March Public Works & En g ineerin g April Police Non-Safet Ma Finance June Communi Develo•ment Jul Police Safet August Atty/Clerk/Mayor & Council/City Manager's Office/MIS September Fire Safe October Planning/Building & Safe November Fire Non -Safe /Human Resources December Communi Services' Department Directors shall submit a recommendation by completing the Performance Recognition Award form listing the employee's name and providing a brief resume of his/her qualifications. The completed form will be submitted to the Director Human Resources who will facilitate the recognition process. The form should be submitted no later than 15 calendar days prior to the department's scheduled participation month. The Director of Human Resources will send a specific schedule to each department so they are aware of their deadline for participation. Each Department Director will be responsible for setting up their own in-house process for selecting their representative. Selection may be based on one act, or continual acts occurring over a period of time. Smaller departments/divisions have been assigned to coordinate their single selection based on a consensus of the Department Directors grouped together for their month. The City Manager shall have the ability to alter the schedule listed above should any special circumstance require a change in schedule. The Department Directors recommendation should include: ➢ Factual information; ➢ A statement describing how the employee exceeded his/her job expectations or responsibilities; and ➢ Information describing what makes this employee outstanding. 2 Suggested Criteria Employee who demonstrates a high level of service to the community; ❖ Employee who makes a substantial contribution to the City of National City's image and sets the example for others to follow; ❖ An individual who has made significant efforts toward improving relationships between the public, business and/or community groups; •3 Someone who demonstrates a positive willingness to assist fellow staff members; ❖ One who demonstrates creativity and innovation that enhances service and productivity; •• Someone who provides outstanding guidance, mentoring and/or leadership role; ❖ Employee(s) who promotes exceptional customer service. Award/Recognition The recipients of the Performance Recognition Award will be honored monthly during the second City Council meeting of each month. The Department Director will give a brief statement of the basis for each employee's recognition. A plaque that lists the individual employees recognized each month of that year would be placed in the Council Chambers Lobby for permanent recognition. The plaque will include a photograph of each employee. The recipient will have the month of their recognition, as well as their name, job title and department engraved on a small plate on the annual plaque. Department Directors will also have the discretion to tailor an award that is most appropriate to the individual employee being recognized. Examples of some possible awards include, but are not limited to, lunch with the director, personalized mementos, or other appropriate items purchased by the City. The City Manager is authorized to approve awards that are not listed here in order to allow for flexibility and future award ideas that would enhance the program. NCPersDept Form 2003 3 nominate City of National City Performance Recognition Award Nomination Form for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Signature: Date: 4