Loading...
HomeMy WebLinkAbout2011 07-05 CC CDC AGENDA PKTAgenda Of The 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 — July 5, 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 interpretacion en espanol se proporciona durance sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.ciov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 7/5/2011 - Page 2 PROCLAMATION 1. Proclaiming July 5, 2011 as: "DON SEVERENS DAY" PRESENTATIONS 2. 20 Year Anniversary Recognition — Matthew J. Smith, Police Sergeant 3. Presentation by the Equinox Center's findings from its 2011 San Diego Regional Quality of Life Dashboard providing highlights focusing specifically on findings relevant to National City. National City Information Outreach Update and Green Business Program — Jacqueline Reynoso, National City Chamber of Commerce 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. Approval of the Minutes of the City Council/Community Development Commission Regular and Special Meetings of March 15, 2011, the City Council/Community Development Commission Regular and Special Meetings of April 19, 2011, and the City Council/Community Development Commission Regular and Special Meetings of May 3, 2011. (City Clerk) 6. 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) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 7/5/2011 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City approving a contract amendment between the City and Harris & Associates increasing the not -to - exceed amount an additional $100,000 to provide additional on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the amendment. (Various Capital Improvement Project funds, no General funds). (Development Services/Engineering) Resolution of the City Council of the City of National City approving a contract amendment between the City and Bureau Veritas North American, Inc. increasing the not -to -exceed amount an additional $100,000 to provide additional on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the amendment. (Various Capital Improvement Project funds, no General funds) (Development Services/Engineering) 9. Resolution of the City Council of the City of National City approving a contract amendment between the City and CivilSource, Inc increasing the not -to -exceed amount an additional $100,000 to provide additional on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the amendment. (Various Capital Improvement Project funds, no General funds). (Development Services/Engineering) 19. Resolution of the City Council of the City of National City approving a contract amendment between the City and Kimley Horn and Associates, Inc. increasing the not -to -exceed amount an additional $100,000 to provide additional on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the amendment. (Various Capital Improvement Project funds, no General funds). (Development Services/Engineering) 11. Resolution of the City Council of the City of National City approving a contract amendment between the City and Project Professionals Corporation increasing the not -to -exceed amount an additional $300,000 to provide additional on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the amendment. (Various Capital Improvement Project funds, no General funds). (Development Services/Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 7/5/2011 - Page 4 CONSENT CALENDAR (Cont.) 12. Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement for Motorist Aid and Safety Grant funding in the amount of $14,279.00 for the reimbursable grant purchase of rescue equipment for the National City Fire Department from the Fiscal Year 2011/2012 San Diego Service Authority for Freeway Emergencies Grant Program. (Fire) 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement with Day Wireless Systems, in an amount not to exceed $52,009.00, to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services and other projects as needed. (Police) 14. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Grossman Psychological Associations, APC, in the not -to -exceed amount of $49,500 to provide Pre - placement Evaluations, Pre -Employment Exams, an Officer Assistance Program, Critical Incident Debriefing, and Fitness for Duty Evaluations for the Police Department for the term of one year. (Police) 15. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with Independent Forensic Services, LLC, in the not -to -exceed amount of $23,000 to provide examinations of sexual assault victims and suspects for the National City Police Department for an additional one-year term, expiring on June 30, 2012. (Police) 16. WARRANT REGISTER #48 Warrant Register #48 for the period of 05/25/11 through 05/31/11 in the amount of $2,719,621.55. (Finance) 17. WARRANT REGISTER #49 Warrant Register #49 for the period of 06/01/11 through 06/07/11 in the amount of $1,170,122.56. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 7/5/2011 - Page 5 CONSENT CALENDAR (Cont.) 18. WARRANT REGISTER #50 Warrant Register #50 for the period of 06/08/11 through 06/14/11 in the amount of $1,360,070.56. (Finance) PUBLIC HEARINGS 19. Public Hearing — Weed Abatement, Council to hear report findings regarding abated properties: Parcel Numbers 5560820700 - 910 Melrose Street and 5571803200 — 844 Palm Avenue held over from Council meeting of June 21, 2011, per National City Municipal Code 9.12.020 — Public Nuisance Declared — Weeds and Other Flammable Materials. (Fire) **Companion Item No. 23** 20. Public Hearing — Street Vacation - Vacating a portion of excess right-of-way on West 30th Street, east of Interstate 5 and the railroad right-of-way. (Applicant: City of National City) (Case File No. 2011-18 SC). (Development Services/Planning) **Companion Item No. 24** 21. Public Hearing — Downtown Specific Plan Consistency Review and Conditional Use Permit for the expansion of a gas station convenience store and the sale of alcohol for off -site consumption at 10 Osborn Street. (Applicant: Hagman & Associates) (Case File 2011-16 DSP, CUP) (Development Services/Planning) **Companion Item No. 25** ORDINANCE FOR INTRODUCTION 22. Ordinance of the City Council of the City of National City amending Chapter 10.52 of the National City Municipal Code pertaining to regulations for the use of municipal parks, playgrounds and golf courses to allow dogs to be off -leash in City designated Dog Parks, and establishing Dog Park regulations. (City Attorney) NON CONSENT RESOLUTIONS 23. Resolution of the City Council of the City of National City authorizing the approval of Weed Abatement Public Hearing Findings and rescinding Resolution No. 2011-132. (Fire) **Companion Item No. 19'"* CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 7/5/2011 - Page 6 NON CONSENT RESOLUTIONS 24. Resolution of the City Council of the City of National City authorizing execution of an Order of Vacation of a portion of excess right-of-way on West 30th Street, east of Interstate 5 and the railroad right-of-way. (Applicant: City of National City) (Case File No. 2011-18 SC) (Development Services/Planning). **Companion Item No. 20** 25. Resolution of the City Council of the City of National City finding consistency with the Downtown Specific Plan and approval of a Conditional Use Permit for the expansion of a gas station convenience store and the sale of alcohol for off - site consumption at 10 Osborn Street. (Applicant: Hagman & Associates) (Case File 2011-16 DSP, CUP) (Development Services/Planning) **Companion Item No. 21** NEW BUSINESS 26. Follow up report regarding formal and informal policies for the sale of alcohol in less than six-pack quantities. (Development Services/Planning). 27. Request to extend to August 16, 2011, the 40-day period for initiation of a Street Vacation to vacate portions of D Avenue, south of 31st Street and 32nd Street, east of D Avenue. (Applicant: Sudberry Properties, Inc.) (Case File No. 2008- 37 SC). (Development Services/Planning). 28. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Certified Nursing Assistant school at 2345 East 8th Street. (Applicant: The Nurse Group, LLC) (Case File 2011-19 CUP) (Development Services/Planning). 29. Request for the appointment of two City Councilmembers to an ad hoc committee to participate in the process of preparing a strategic plan for building and sustaining quality of life facilities. (City Manager) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 7/5/2011 - Page 7 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 30. Authorize the reimbursement of Community Development Commission expenditures in the amount of $148,384.83 to the City of National City for the period of 05/25/11 through 05/31/11. (Finance) 31. Authorize the reimbursement of Community Development Commission expenditures in the amount of $699,542.65 to the City of National City for the period of 06/01/11 through 06/07/11. (Finance) 32. Authorize the reimbursement of Community Development Commission expenditures in the amount of $137,841.59 to the City of National City for the period of 06/08/11 through 06/14/11. (Finance) NEW BUSINESS STAFF REPORTS 33. Verbal Report — Redevelopment update on recent legislation. (Brad Raulston, Executive Director) 34. City's Treasurers Report on assessed values for National City for the 2011-2012 Assessment Year. 35. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — July 19, 2011 — 6:00 p.m. — Council Chambers — National City, California. Adjourned Regular Joint Meeting with the City of National City and the National City School District — Wednesday — July 27, 2011 — 6:00 p.m. — Rancho de la Nacion School Auditorium — 1830 E. Division Street, National City, California WHEREAS, Don S0iene is a wordsmith extraordinaire with an uncanny abili beyond the fieadifne€ and ditigantlY,striveeie get to the heart of tjie st a varied care r covering 16. owledgeable a pthgram, viewed digmta . Y vioid Schwarzene j. anti -recruited op-e d ninety fashion an NOW THEREFORE s�onar Cityrtogpther the City of National Gii DON SEVRENi DAY,f 1 call upon all citzens„of National to take a moment to comin°end Don Se leadership and commitment to.the:citizen's of the community. Ron Morrison MAYOR''t. Alejandra Satefo-Solis ' Vice Mayor Mona Rios. Councilmember ITEM #J 7J,5/11 Wit ITEM#3 7/5/ll E QU I N-Q------ENTE R 1-JEALTHY ENVIRONMENT; STRONG ECONOMY VIBPANT,COMMUNITIE8' rir.;.,l i "u )�i rLo 3udovl O!ALITYOF LIFE siIBOARD R it,ON CrNrtl r S00 200 000 Li 600 .00 8 300 200 100 DAILY PER PERSON MUNICIPAL & 1NDUSTRLAL WATER USE BY WATER DISTRICT, 2010 Os ,O�d'/0 9 ,�"9 _r�y�9'��du'°9�39 ,ZA1,49d'��'�,�d+i',�4i 4�9�ady6y39'�. frSso' .t ,1,6 ,#4' r''v c0�4 / ✓" off" I" / ` . '" .�' . a�' a� `Afa f 7 d� Saw. reene�aer.cims.uea ce.vwa.aWrsM.aM D 8 6- 8. 10 1l Average Wash Dlepeled Per C plo Per Day SoVro: Emsle44es.201gdlpm,Nonr4 MNMM,KMMCKIRMGM[eyrv: 1010 31 the case of Conneb ael Del Mu; raREillyMO Mood b(Ig9ewMM gAprebn, such aerie Navy lace 11 Coma* 000M Felryound6 11Del Ws se wpgre0w9+ Mamsl pep,011oe 00000Wee. CH IID REN' S ASTHMA HOSPITALIZATION RATES W1,114. EgUINOXClNTEI l3prtiv d+General Alan with�State nyironmental Justice',Eleinei t HEALTHY ENVIRONMENT.: STRONG ECONOMY VIBRANT COMMUNITIES. VIBRANT COMMUNITIES \VWw.EQUINO CENTS AEC. YA�.�. k4{1r`y:rR. Ck: ur s;t il:�nM1`:L11 �5 [IA IC�i. Z LAND USE 0);,,,,,vi 1 t111kPot1;,AGot-s&"1'riiN LAN D U S E Rcs'i d1ntiai Lind. RA INISPO It) N clr` r ,tiilcsma:vckd A.L R. U1.JA l..ITV Unhealthy Days for Elderly St.' cir^s) • T1A.NSPOfIANIN N • i11,44•i t 00 L.�611.ATL .^: $.A "b'C: e ro,2.Ci1louse,. is Emission w. 1.11. E 2 11 O.AI MEASURES \\'H 1 T I0 DAILY PER. PEAspN MUNICIPAL .St;INDUSTRIAL WATER. USE BY WATER DI.STRICT; 2010 boovozsovvwsteimaiwor,2010 Comte a *ayhittalVAttiCciPsettiO4Oat a1441,2z the suceessCtit onedeveloped by the Sout1ieru Nevaa`leiater Autliorily anaits member agencies, Xi0p3etnent pricttig stratur0 tbat sicctrrately refIeCt the value of.water and Bite cost ofreplacingwasted water, and rowan ithose:twbo. conserve. Provide incentives or low interest loans tO bomeo►uae swho transition to low water landscapes or retrofit hmiteswith more efitcientoplttihbtrg •:In.411.0.70,14q,s in Oes coultifat it ,residences,and commet+ buildings sO water t ersbecome mr+re i wn ie of how ninth wateii56eingconsurged. p.,�L•miu'v.Ni Ulii'FOXCEN l E ° FIAT ° ' -1 .A Li RE? • 4AL NUMBER L .-I_oSiIRE I) ADVISORIES IN 2009 VINOXCENTER.ORG 'WHAT ARE TH E RES? ' At'Ai A INSMADIEGOzCOLifin -20Ia *1* 1.-iY AR: T Ey t PQtiT\NT'? k)v• - • -- • SAN DI EGO COUNTY TRAILS &CONSERVED LANDS 141 (47 SAN DI G0 COUNTY PARK ACCESS POLICY OPT10.NS site targeted park in 'in ;that are*park poor, -Continue to support Meuse oi'TransNet funds (voter -passed safes tart) to conserve wildlands.in thebaekcbuntry.:. • Support trail development and the restoration of canpons so natural areas can be -used as park space in urban neighborhoods. .Ensure eafstingparks are safe for children to play in and establish crime watches near parlisif neeary. Develop transportation options, that metre It easy *walk.. bike ortake public transit to panes: ENTIAL D1'v' LOPi ik?�atsr r,. itresitowarcimotemukititufilytames, LONA la .6A.L(.1C.AT ON I ()WARDS 1-1 (ILNI WHAT IS TI-115 M EAS ME? 'i'/n percent of residents zoho spend 177.0re than 3,5% of gross income on housing in the San Diego region. ( '-0 • h 1,:;,..k..,,c.,,,,,. ..,,,,,,4„.„4.„,.., ,.. , • . e ,i i : 41 t- ,,,....v,11.6 A. , '1,,,!,.1 4 a 1,1v , 61,,, 1 L 1 , , 0.3,,,,,,, 4,4, ,:74;/:',i:',;..c,'::. ''''' '''.4"'' ',-,-;'.,!5.1,' -..-:;,,,,,,...,.A.,.I i, A-, •.<!--.:.?:•niKE,,,..-...;....,--...• ..,,..,,,,-:,7 i.,„.•;'..'„. ,..'..,,,,,. .'t,-1.:14-:,..r. .L.•,-,113:,,,,,,t, ,,, 0.1,1 ..,...‘,.. 'I' . , . • -::, .„.,„,,, .. , . ......... ;'1!,.,,,,•,t,...;.:_:.1J%•.‘.....,..,,,!:i..,,,,-,'•:.,..,,-.,... : : .._ .... . , . .. .".. : , . :.; -,-.. ,,....,...,:f.,..• --il...,,:., i'4:,-,1}.'.'... t'di:TW•Ilifliblif,:. ' ..1 . .. , PO L. I CY 0 PT 1(.) lci • ArCent'Sau D1%0 FouhdaticagursikVfM,0*aft more *tin Vo%, of voters belim we have both it PrOgog$0;040TaYfuld a 11004110V#OPMeat, jobs ht1kiii1PrOVezOttlOtiagna,:tobig envmilln�nt. ON E C 0 EM P LO rxNT AND \VVAG ES AP}Si31�p6�J_GIPt ITl: `, t • theent en, -2009.. However, {we haute regions ih the state when eig.: + * e ,iplagment met -al -glad decade. Job uthsorl vo¢ d ��clar li es e m the region'satesemnoinn y e partkult 000, put . . !oltp at veh° •' Vela* lameswed(M), ton? ributes to Oingestion and tra dek ys,.therek4fuel Are, COI!. `rTTh augh'SenateOillc 375 WO); Atli :gab, Ai Eon€' eto geegouse 2400 • E 2000 1600 1200 4 TOTAL 'VEHICLE MILES TRAVELED—ALT, Itf) $ At.lb SAN DIEGO COGKTY ,IGRispionotof i0C19 500rve,equbmiteater,2014 Cglorrita0pa1Mentenhinspostak4I.1010 AYs ;"44,441)11# *a-Oval:ix cm1ycefranst - . uiborhoo4centes an ,sViikIies;410 15,6 ,, ceNgtOresidOti the. " • boonlihatteconor9,10eyeimnet* andnduetailngto e'POLF4ixilioter:1441,6,or • okumutki6-s. Encolvw teleopmmuu'rkpuuldowntown or h4P4-basgbutiflesPas. \WWW. E Q1) 1 NOXC ENTER.ORG .it IBAN SPOiZTATION • PRIMARY BARRIERS TO INCREASED- pyRuC TRANSIT RIDERSHIP 111 SAN DIEGO CoU NTY o eis?tTrrioa:tc toto,I f.04 TatesTooLOd+0 Fe*Tonsit, polfrOther r7ecassiiryrsrc$s $tiGEatadans, OP 9 :Near Mod�zot Home Tiarciportatbn io4rn;'Epulnnx Cuno¢r, 2t414 Srri OIa®oRiybrniTranrDarutlpFr PuEiE gpiilbhilioly 200E 19.4. 211 • Advocate for Shifting some federal highway transportation funds;to public transitproiects and p ritizingtxansitt projects locally. • Improve public transit service g,Uality.;, including increased service fri etty and speed, and improved comfort and security. • Consider fare free zones or transit malls in core. areas,. . d g, l] l rs:Srtlart "'Growth. Incentive Program, which "vanes Ovate dollars for communities to invest in compact, mixed arse development focused around public transit. ;X'CENTEi ..ORG is4EAS, Percent oftotczt electricity supply generated from renewable resources for SDOWPis service area. 31,1: ,"; 1,1 'rs• ...in If v11 4',1` • C,1 «Iwo *I' 414 I 3„, 404 • 4:- • 44 §ADAo. .*0411'1"4030.i. "Sgmflcantgams in b1eneg y.The regionalso l'f sub rli44.036411:0g (notcounted in Piiiti$11044POY`Oi RPM.. MGM wasabktO 0101+Vs'Atl!thO'4Pf'xuau nsing: haiittletrectiti frominsvinns: 41 11 Source: E4ulnaot:Cterk�T�ltCtiG4CnCs(6GlsbirEnR?; •�ll�t044.0 itgOit.iisA + a # + l+P I 4(kTlWii004:ili, 1.3EN'I"lAL EN ER *S. Okark ty tonsiiatptlbtt in San.Dliaga'.Cou inileatIf904elasttwoycaxsandis> i aver. `rhe eamam%dow u= e0.174nuscs play a r sl i�i t et b l -.ant trncnt in energy ' 'p ns'Qathelastyeararea lie. rA nq ► ' ".ANT? is ctitteal'to every aspectof • GREEN 1.: O[_I y't r l '°1.1 1 Per capita daily ()7'c( nholtsc gas emissions, measured i11 pounds of carbon dioxide equivalent (CO`_.e).:: \\fl1Y is I l I:\(ItPO RIAN duetothe UNHEALTHY W HAT 1 S T.H. E 'I EA.S 1&L? WHY:IS IT IMIO TA T? + pir pol]ution /*Atsilietiatrritk economy mote t�an:$28blllouuuuuailv;, Omot$4.200,/person inS, adicrnC fo nia, au cof]ostworker praductivlly fi.,14:pubikwith cis. • Pc0ll bn lated`health cai e+c s ` ;tie :healttr..tnsurance,i?r r i Crea s' c ind�v ais tidemp �rsr+ho l iiute to their eu sloyees' beattl Beare. 21 CHILDREN' ASTHMA HOSPITALIZATION RATES 3L Aa".iib1 iM, (eirk c.+tiEois, LxAp,ULEt S41DIE 10* r@gu gn;fie 60o0 i s s1owi of,the:eeonoiny had a4, # giant pactuii Ll e. redlOon o peesonaland eiMiniiat+ ralwa coustr'iirticoleaddemotiOo mat�rSal The l +1 } t7i7 rccentlystarted lioceptin* Inore.� idst which avif divert more waste: itewderoolliternan t construct on Ling ordinanoess,implementet in:som e jlwl& cti n3willAlso' li vaap v$ Cas1 a #r r0cnvers. Ilowe'1'er,-a91ipiiactoti.Illw rntoff �l aste_;a c � tOteriala aril U tes tbB iffaS,..�_ AVG W srE Otis. err�cF ; CASIvE$•sAK. C C;a li4Incitator wtiaRildiki lion] latetexto," �d are frod1 t (d i dTlZia 1d 1 iO n PO Wa6.'r��ng#r)z'ira0��ethCB�t��►iltib�TB �`K� mffTrh+p ho rrh priet'irrtite4tk:!!he u►edtan honseho74inc iile I Lit+ ted'd ra ati . i? �a ' belo tlsisrelBa .nittettriON ;Indicutoi ,';, dkd i lleet noe a startcomponift Itotvewr,:the ttordaprt!Engw- pectittc forward Wgalso4ote'tbut ae rjg00. %Wolkofenvh jot s inAirc aa, its -t' a 'av *ilahie'10 at4lmtaet tl • 12 0111401 a; S t Ploge+ oitY aetut6 die eataiutitY. ty^ot*+tt>n at i taiit.CitteettitiMit Pat "l ctYtl� 4tth+'t+R,, tt1� s�ctitq: daeh off;? dicntor`tiimn.tlzeprov onsiladicatar;soSvcwffluse< rl ,itarto ' trait does nat'gnpttlro atl pote ttortinsti itte: sue; *Alto'tit' C l+v'IIARiON: P UL MAflTIN tit0W' N'TTAI E TEVORCAttAtt I'4]COLE NAKACiAWA AAROt' CONTORE:L ROC ;EWELL'. SOOrr GPI os JEMMY HAYDEN. PHYLLIS ':t*iUCK B E BILL.MALLQY SITCIAi 1i-3AN S TO DASHBOA I) `ri < #0 MA.ttT{N &1.CWN i',ON CC1N 'O1 Alt StJOTT G14i. FS GINA Rods EVIRT ADVISORY:PANBL cre Ar DBRS E ERAY YOLIotYLiJ[' Astin5tEti'illt t D JPALSIDNE- ItOit ORM PIMP NATORM Hirittel MuutuM DIt;: MAtWAMS trtaittIISITYOFAbilksieteno DS,E'IIDA i9 4:1 1 'a JAOON B ' tNA toN INolis [G> RE' D:CR S DLO MAttg 174AYIES RAuL Ic N tom 1ENNEDY 1 AVID 0 7 045, DIANE R?SENnspa ear ;Cnr1Oraaa iiz i.;aE;'rsp a 1s ,ts Equiitno c Center researches. and advances innovative solutions to .balance z onal growth with our finite turaI, resources. We arm con nntni ty lead and the public with: tyre b'r information and 'Oihey recorn uendations to r ali a tire:': sustainable ftture for Sari Diego County. For more i 1terrnat on on Quality of Li San Diego.- Coun , and the -Ur . body. of ; tenter research a recommendations.' p. e e vet our wvbslte ai nt r°.or 545 SECQND EET ENCINI:TAS 92024 I 1-76 23.0-29 0 %'1.tJtiu , ;�sati1 i 0111, rs1'; ill i1i.1_,is,. p ECZUII<tO-k•-CENTER Board of Directors 2010-2011 Marty Brown Chief Business Officer Elcelyx Therapeutics, Inc. Aaron Contorer - Chairman Contorer Foundation Scott Grimes - Secretary Vice President Endangered Habitats League Jeremy Hayden Of Counsel Luce Forward Trevor Callan - Treasurer CEO Phyllis Huckabee Callan Capital Vice President Quidel Corporation Roi Ewell Vice President of Industry & Government Affairs SeaWorld Parks and Entertainment Bill Malloy Senior Vice President Malloy & Company EQJJINO-XII-CENTER 2010-2011 LIST OF SUPPORTERS San Diego Visionaries: $50,000 + Brown Family Trust Contorer Foundation Orca Fund San Diego Futurists: $10,000 - $50,000 Eric and Jennie Busboom Trevor and Sandy Callan Katherine Kennedy and Robert Horsman Larry Marcus Family Fund Leichtag Foundation Mintz Levin Abe Ordover and Eleanor Musick Scott Peters and Lynn Gorguze Deirdra Price John and Marcia Price Family Foundation Diane Rosenberg and Chris Gopal Sempra Foundation/SDG&E San Diego Foundation Tom Sudberry—Sudberry Properties San Diego Stewards: $1,000 to $10,000 Agri -service Cox Communications Roi Ewell Mark and Kathy Fackler Murray and Elaine Galinson Jeremy and Kyla Hayden Phyllis Huckabee Ellen M. Kirk Mervyn L. Brenner Foundation McKewon Family Foundation Mintz Levin NAMTRA Media Qualcomm Ron and Marion Paul Gina Rogers Charles Schwab Seaworld Union Bank San Diego Citizens: up to $1,000 Dan Conners Malcolm and Angela Davies Olaf Walters UBS We are very grateful for our many wonderful supporters! ITEM #4 7/5/11 NATIONAL CITY INFORMATION OUTREACH UPDATE AND GREEN BUSINESS PROGRAM JACQUELINE REYNOSO NATIONAL CITY CHAMBER OF COMMERCE ITEM #5 7/5/11 APPROVAL OF THE MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REGULAR AND SPECIAL MEETINGS OF MARCH 15, 2011, THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REGULAR AND SPECIAL MEETINGS OF APRIL 19, 2011, AND THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REGULAR AND SPECIAL MEETINGS OF MAY 3, 2011 (CITY CLERK) ITEM #6 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 7/5/11 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: July 5, 2011 AGENDA ITEM NO. 7 EM TITLE: Resolution of the City Council of National City approving a contract amendment between the City and Harris & Associates increasing the Not -to -Exceed amount an additional $100,000 to provide additional on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the amendment (Various Capital Improvement Project funds, no General funds) PREPARED BY: Barby Tipton DEPARTMENT: DevelopmeJrX eytice -Engineering Division PHONE: 4583 APPROVED BY. EXPLANATION: On June 21, 2011, the Engineering Division of the Development Services Department presented the City Council with an On - Call Consultants Update. As mentioned, the Engineering Division solicited Request for Proposals (RFP) from professional Engineering firms to provide general engineering, construction inspections and project management for various Capital Improvement Projects. Five firms were selected to provide the needed on -call services for a period of two (2) years with the option to extend for an additional year. This requested amendment will provide funding for the Capital Improvement Projects planned for next fiscal year. As on -call services are needed for projects, supplemental agreements will be processed accounting for actual amounts and project(s) to be charged within the not -to -exceed limit. Council approved the not to exceed amount of $100,000 for the original contract with Harris & Associates. This amendment . u bring the total not to exceed amount to $200,000. Staff recommends approval of this amendment to provide services ded for current CIP projects as well as projects planned for next fiscal year. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed basis not exceeding the contract amount and amendments to such. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Amendment to Agreement 2. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH HARRIS & ASSOCIATES INCREASING THE NOT TO EXCEED AMOUNT AN ADDITIONAL $100,000 TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR FY 2011-2012 WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 226, approving a two-year Agreement with Harris & Associates to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for a not to exceed amount of $100,000; and WHEREAS, the First Amendment to the Agreement increases the not to exceed amount an additional $100,000 for the various capital improvement projects for Fiscal Year 2011-2012, for a total Agreement amount of $200,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement with Harris & Associates increasing the not to exceed amount an additional $100,000 to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for Fiscal Year 2011-2012. Said First Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of July, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARRIS & ASSOCIATES, INC This Amendment No. 1, to the Agreement, is entered into this 7Tn day of June, 2011 by and between the City of National City, a municipal corporation ("CITY"), and Harris & Associates, Inc_ (the "CONSULTANT"), RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on October 5, 2010, ("the Agreement") wherein the CONSULTANT agreed to provide on -call general engineering services for various Capital Improvement Projects. WHEREAS, the original not to exceed amount was $100,000. WHEREAS, the agreement expires on October 6, 2012, with an optional extension of one year when mutually agreed upon by parties. WHEREAS , The parties desire to amend the Agreement to increase the not -to -exceed limit by $100,000, for a total agreement amount of $200,000. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on October 5, 2010, through the adoption of City of National City Council Resolution No. 2010-226, shall be amended by increasing the not -to -exceed limit by $100,000 to provide general engineering services for various Capital Improvement Projects. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 5, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Harris & Ass (Corporatio .1 i �7 ; s� By: By: wf e Ron Morrison, Mayor (N (Ne) ! . C;�� (Print) APPROVED AS TO FORM: (Title) Claudia G. Silva City Attorney By: (Title) In �s of two corporate officers) -S 1 r ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE IMMJDO(YY) 08/03/2010 PRODUCER 0757776 1-800-877-4560 NUB International Insurance Services Inc. P.O. Box 4047 Concord, CA 94524 INSURED Harris i Associates Inc. Attn: Susan Handilag 1401 Willow Pass Road, Suite 500 Concord, CA 94520 ) COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A:OneBeacon America Insurance Co. INSURER 8 Wausau Underwriters Insurance Company INSURER C: Colony National Insurance Company INSURERD:Travelers Property Casualty Co of Amer INSURER E Continental Casualty Company THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DDIYID POLICY EXPIRATION DATE (MMJDD►T1 LIMITS A GENERAL _X LIABILITY _COMMERCIAL GENERAL LIABILITY CLAIMS MADE ril OCCUR 7180096500004 08/01/10 08/01/11 EACHOCCURRENCE $ 1,000,000 FIRE DAMAGE (My one ere) $ 1,000,000 MED EXP (My one person) $ 10,000 X X GENL "X' "C" ^U" PERSONAL SADV INJURY $ 1,000,000 Separation of Insureds GENERAL. AGGREGATE g2,000,000 AGGREGATE JECT I IE LIMIT APPLIES PER. POLICY I x LOC PRODUCTS - COMP/OP AGG $ 2,000,000 —I B AUTOMOBILE LIABILITY A BODILY INJURY (Per parson) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Pa accident) g PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - FA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESS LIABILITY AR6460401 08/01/10 08/01/11 EACHOCCURRENCE $10,000,000 X-I OCCUR I I CLAIMS MADE AGGREGATE $ 10,000,000 DEDUCTIBLE RETENTION $ $ $ $ D WORKERS COMPENSATION AND ** P,1088166N36A10 08/01/10 08/01/11 X WC STATU- TORY TORY LIMITS ER E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE g 1,000, 000 E.L. DISEASE -POLICY LIMIT $ 1,000, 000 E OTHER Professional Liability AEA113822501 08/01/10 08/01/11 Per Claim: a 10,000,000 Aggregate: 115,000,000 Ded. Each Claim: a 150,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ** Workers Compensation policy excludes monopolistic states ND, ON, WA, WY. General i Auto Liability Additional Insured status granted, if required by written contract/agreement, per attached forms ASC0010 0198 i CA2048 0299. RE: As -needed Civil Engineering Svcs. for Capital projects FY 2008-09 (HA #082-0270) I l+CnlIT'aa.P1 tlVL.IJCK ) ADDITIONAL INSURED; INSURER LETTER: 082-0270 City of National City Din Danesbfar Principal Civil Engineer 1243 National City Blvd. National City, CA 91950 USA CANCELLATION Ten Day Notice. for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MB/LIMN/Ca MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE ACORD 25-S (719T) dgarcia 16914763 ACORD CORPORATION 1988 L 2 POLICY #: 7180096900004 EFFECTIVE: 08/01/2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART and GL CONTRACTORS EXTENDER FORM VCG 206 02 05 a. COMMERCIAL GENERAL LIABILITY COVERAGE FROM CG 00 01 12 04 is amended by the following wording. b. GL CONTRACTORS EXTENDER paragraph 1. ADDITIONAL INSURED — REQUIRED IN CONTRACT, AGREEMENT OR PERMIT is deleted and replaced by the following wording. 1. WHO IS AN INSURED — (Section II) is amended to include as an additional insured any person or organization you arc required to add as an additional insured under this policy in a written contract or written agreement in effect during this policy period and signed and executed by you prior to the Toss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by "your work" performed under the written contract or written agreement. 2. The insurance provided to the additional insured is limited as follows: a) This endorsement shall not increase the limits stated in Section III — LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications: and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily injury: or `property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the Toss for which coverage is sought. 3. Subpart (1)(a) of the Pollution exclusion (Section I — Coverages, part 2. f of the Commercial General Liability Coverage form) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the Toss for which coverage is sought specifically requires that this insurance apply on a primary and/or non- contributory basis. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. ASC 00 10 01 98 Page 1 of 1 3:8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-fled by this endorsement This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION WHERE THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO INCLUDE SUCH PERSON OR ORGANIZATION AS A DESIGNATED INSURED. Each person or organization shown in the Schedule is an "insured' for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in SECTION 11 of the Coverage Form. This endorsement is executed by the Wausau Underwriters Insurance Company Premium $ Effective Date 08/01/2010 For attachment to Policy No. Audit Basis Issurd To Expiration Date 08/01/2011 ASIZ9I455034010 Harris & Associates Inc. 1 1k 12411 PRESIDENT 7 - Countersigned by Authorized Rcpresenbtivc CA 20480291 Copyright, Insurance Services Office, Inc., 1996 5.8 Excerpts from: Form CA0001 0306 BUSINESS AUTO COVERAGE FORM Policy Number: ASJZ91455034010 Insurer: Wausau Underwriters Insurance Company Policy Period: August 1, 2010 to August 1, 2011 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provision of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. Page 1 of 1 5 Excerpts from: Liberty Mutual form AC 84 07 05 09 Liberty EXPRESS SM Auto Enhancement Endorsement BUSINESS AUTO COVERAGE FORM Policy Number: ASJZ91455034010 Insurer: Wausau Underwriters Insurance Company Policy Period: August 1, 2010 to August 1, 2011 XXIV - WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV — BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of accident, to waive rights of recovery against such person or organization. Page 1 of 1 6 Excerpts from: OneBeacon Form VCG 206 02 05 @VANTAGE FOR GENERAL LIABILITY - CONTRACTORS COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy Number. 7180096900004 Insurer: OneBeacon America Insurance Company Policy Period: August 1, 2010 to August 1, 2011 5. BLANKET WAIVER OF SUBROGATION Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury' or "property damage", that requires you to waive your rights of recovery. Page 1 of 1 7 0 o•• Os m Us U TRAVELERS J tP GE#VED EP GIHEERIPIC DEPT. WORKERS COMPENSATION AND 1010 AUG - tM$LO.YEn LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-oi POLICY NUMBER: (PJ-UB-8166N36-A-10) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this paiicy. We will not enforce our right against the person or organization named In the Schedule. (this agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit any one not named In the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 08-02-10 ST ASSIGN: 8 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 8 .. _M TITLE: Resolution of the City Council of National City approving a contract amendment between the City and Bureau Veritas North American, Inc. increasing the Not -To -Exceed amount an additional $100,000 to provide additional on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the amendment (Various Capital Improvement Project funds, no General funds) PREPARED BY: Barby Tipton DEPARTMENT: Developmentt Sees -Engineering Division PHONE: 4583 APPROVED BY: — EXPLANATION: On June 21, 2011, the Engineering Division of the Development Services Department presented the City Council with an On - Call Consultants Update. As mentioned, the Engineering Division solicited Request for Proposals (RFP) from professional Engineering firms to provide general engineering, construction inspections and project management for various Capital Improvement Projects. Five firms were selected to provide the needed on -call services for a period of two (2) years with the option to extend for an additional year. This requested amendment will provide funding for the Capital Improvement Projects planned for next fiscal year. As on -call services are needed for projects, supplemental agreements will be processed accounting for actual amounts and project(s) to be charged within the not -to -exceed limit. Council approved the not to exceed amount of $100,000 for the original contract with Bureau Veritas North American, Inc. Tki,, amendment will bring the total not to exceed amount to $200,000. Staff recommends approval of this amendment to ride services needed for current CIP projects as well as projects planned for next fiscal year. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed basis not exceeding the contract amount and amendments to such. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Amendment to Agreement 2. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC., INCREASING THE NOT TO EXCEED AMOUNT AN ADDITIONAL $100,000 TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR FY 2011-2012 WHEREAS, on October 19, 2010, the City Council adopted Resolution No. 2010- 234, approving a two-year Agreement with Bureau Veritas North America, Inc., to provide on - call general engineering, construction inspections, and project management services for various capital improvement projects for a not to exceed amount of $100,000; and WHEREAS, the First Amendment to the Agreement increases the not to exceed amount an additional $100,000 for the various capital improvement projects for Fiscal Year 2011-2012, for a total Agreement amount of $200,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement with Bureau Veritas North America, Inc., increasing the not to exceed amount an additional $100,000 to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for Fiscal Year 2011-2012. Said First Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of July, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BUREAU VERITAS NORTH AMERICA, INC. This Amendment No. 1, to the Agreement, is entered into this 7111 day of June, 2011 by and between the City of National City, a municipal corporation (`CITY"), and Bureau Veritas North America, Inc. (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on October 19, 2010, ("the Agreement") wherein the CONSULTANT agreed to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. WHEREAS, the original not to exceed amount was $100,000. WHEREAS, the agreement expires on October 20, 2012, with an optional extension of one year when mutually agreed upon by parties. WHEREAS , The parties desire to amend the Agreement to increase the not -to -exceed limit by $100,000, for a total agreement amount of $200,000. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on October 19, 2010, through the adoption of City of National City Council Resolution No. 2010-234, shall be amended by increasing the not -to -exceed limit by $100,000 to provide general engineering services, construction inspections and project management services for various Capital Improvement Projects. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 19, 2010, shall remain in full force and effect. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Bureau Veritas North America, Inc. By By: Ron Morrison, Mayor (Print) APPROVED AS TO FORM: (Title Claudia G. Silva City Attorney By: VI Cr RA'S/ f L (Title) 1 A Ro" CERTIFICATE OF LIABILITY INSURANCE ‘----- DATEOGMR�o" YY' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER_ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). PRODUCER Aon Risk Services Northeast, InC. Parsippany ppany NT Office 10 Lanidex Center West P.O. BOX 608 Parsippany NI 07054-0608 USA CONTACT NAME: PHONE (866) 283-7122 'FAX INC. No. Eat): 1LA/G No 1: (R47) 953-5390 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 8 INSURED RnrCa Vey ita5 North America, inc. 11590 w. Bernardo Court, #100 San Diego CA 92127 USA INSURER A: Lexington Insurance Company 19437 INSURER B. New Hampshire Ins CO _ 23841 INSURER C: National union Fire Ins Co of Pittsburgh 19445 INSURER!): commerce & Industry Ins CO 19410 INSURER E. Granite State Insurance Company 23809 INSURER Fr • If IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE AIRS INSR SUBR MD POLICY NUMBER POLICY LI+ (MMIDDIYYYY POLICY EXP MMIDD/YYW) LIMITS O GENERAL uADILITY GL6439313 04/01/201/01/2012 EACH OCCURRENCE --ISAATFOE $1,000,000 X COMMERCIAL GF NFRAL LIABILITY IG RENTED IEa occurrence) $1,000,000PREMISES CLAIMS -MADE X OCCUR MED EXP (Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE S2,000,000 GEN'L AGGRE�GATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S2,000,000 PODGY I "' IJET [ LOC C AUTOMOBILE LIABILITY CA 3377177 AOS 04/01/2011 04/01/2012 COMBINEDSINGLE LIMIT (Ea amideng 11, 000,000 E X ANY AUTO CA 3377178 04/01/2011 04/01/2012 BODILY INJURY( Perpersonl ALL OWNED AUTOS SCHEDULED AUTOS MA BODILY INJURY (Per accident) HIRED AUTOS __._ NON -OWNED AUTOS PROPERTY DAMAGE (Peracciden0 UMDRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS -MADE AGGREGATE DED RETENTION e WORKERSCOMPENSATIONAND EMPLOYERS' LIABILITY YIN WCO2S842303 AOS 04/01/2011 04/01/2012 X WC STATO- 075- TORYLIMITS l TER B ANY PROPRIETOR I PARTNER ! EXECUTIVE N I CFFICEI2/MEMBER EXCLUDED? NIA WCO25842304 04/01/2011 04/01/2012 E.L. EACH ACCIDENT 11,000,000 (Mandatory in NH) If yes, describe under CA E.L. DISEASE -EA EMPLOYEE 81, 000, 000 DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT S1,000,000 A Archit&Eng Prof 026030221 SIR applies per policy terns 11/30/2010 & condi 12/15/2011 _ions Each claim Aggregate 31.,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is mitered) The Architects & Engineers policy 'ncludes coverage for Professional Liability and Contractors Pollution Liabi ity. RE: On call Professional Engineering & Construction Services. City of National city is included as Additiona Insured as required by written contract, but imited to the operations of the Insured under said contract, per the applicable endorsement with respect to the General Liability and Automobile Liability policies. A Waiver of Subrogation is granted in favor of Certificate Holder as required by written contract but limited to the operations of the Insured under said contract, with respect to the Workers' Compensation. CERTIFICATE HOLDER CANCELLATION City of National City Attn: Barby Tipton 1243 National City National City CA 91950 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH TIIE POLICY PROVISIONS. AUTHORVED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD Holder Identifier : 570042775972 2 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01 /201 1 forms a part of policy No.CA 337-71-77 issued to BUREAU VERITAS NORTH AMERICA, INC_ by NATIONAL UNION FIRE INSURANCE COMPANY OF PI TTSBURGH , PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADD'L INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage andlor limits of this policy, or 12) The coverage andlor limits required by said contract or agreement. 87950 (1 "5) Archive Copy Authdfized Representative or Countersignature (in States Where Applicable) Page 1 of 1 POLICY NUMBER: GL 643-93-13 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s): BLANKET WHERE REQUIRED BY WRITTEN CONTRACT Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liahility for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: CG20100704 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organ- ization other than another contractor or sub- contractor engaged in performing oper- ations for a principal as a part of the same project. 0 ISO Properties, Inc.,2004 Page 1 of 1 0 4 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (rho following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/01 /2011 Issued to BUREAU VERITAS NORTH AMER! CA, INC. By NEW HAMPSHIRE INSURANCE COMPANY Premium forms a part of Policy No. WC 025-84-2303 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington. WC 00 03 13 (Ed. 04/84) Countersigned by Authorized Representative 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City Council of National City approving a contract amendment between the City and CivilSource, Inc. increasing the Not -to -Exceed amount an additional $100,000 to provide additional on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the amendment (Various Capital Improvement Project funds, no General funds) PREPARED BY: Barby Tipton PHONE: 4583 DEPARTMENT: Develo Diui APPROVED ices -Engineering EXPLANATION: On June 21, 2011, the Engineering Division of the Development Services Department presented the City Council with an On - Call Consultants Update. As mentioned, the Engineering Division solicited Request for Proposals (RFP) from professional Engineering firms to provide general engineering, construction inspections and project management for various Capital Improvement Projects. Five firms were selected to provide the needed on -call services for a period of two (2) years with the option to extend for an additional year. This requested amendment will provide funding for the Capital Improvement Projects planned for next fiscal year. As on -call services are needed for projects, supplemental agreements will be processed accounting for actual amounts and project(s) to be charged within the not -to -exceed limit. Council approved the not to exceed amount of $100,000 for the original contract with CivilSource, Inc. This amendment will hring the total not to exceed amount to $200,000. Staff recommends approval of this amendment to provide services needed :urrent CIP projects as well as projects planned for next fiscal year. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed basis not exceeding the contract amount and amendments to such. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Amendment to Agreement 2. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH CIVILSOURCE, INC., INCREASING THE NOT TO EXCEED AMOUNT AN ADDITIONAL $100,000 TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR FY 2011-2012 WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 228, approving a two-year Agreement with CivilSource, Inc., to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for a not to exceed amount of $100,000; and WHEREAS, the First Amendment to the Agreement increases the not to exceed amount an additional $100,000 for the various capital improvement projects for Fiscal Year 2011-2012, for a total Agreement amount of $200,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement with CivilSource, Inc., increasing the not to exceed amount an additional $100,000 to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for Fiscal Year 2011-2012. Said First Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of July, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CIVILSOURCE, INC. This Amendment No. 1, to the Agreement, is entered into this 7Trr day of June, 2011 by and between the City of National City, a municipal corporation ("CITY"), and CivilSource, Inc. (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on October 5, 2010, ("the Agreement") wherein the CONSULTANT agreed to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. WHEREAS, the original not to exceed amount was $100,000. WHEREAS, the agreement expires on October 6, 2012, with an optional extension of one year when mutually agreed upon by parties. WHEREAS , The parties desire to amend the Agreement to increase the not -to -exceed limit by $100,000, for a total agreement amount of $200,000. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on October 5, 2010, through the adoption of City of National City Council Resolution No. 2010-228, shall be amended by increasing the not -to -exceed limit by $100,000 to provide general engineering services, construction inspections and project management services for various Capital Improvement Projects. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 5, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY CivilSource, Inc. By: By: l Ron Morrison, Mayor (Name) APPROVED AS TO FORM: (Title By: Claudia G. Silva (Name; City Attorney , (Print) J 1 Clientit: 13851 CIVILSOUR ACORD- CERTIFICATE OF LIABILITY INSURANCE PRODUCER Dealey, Renton & Associates P. O. Box 10550 to Ana, CA 92711-0550 , 427-6810 IDATE (MM(DDIYYYY) 09/22/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Civil Source, Inc. 500 Wald Street Irvine, CA 92618 NAIC # INSURER A. Travelers Indemnity Co. of Connectic 25682 INSURER e Travelers Property Casualty Co of Am 25674 INSURER : Travelers Casualty&Surety Co of Amer 31194 INSURER D: INSURER E COVERAGES ^IFS OF INS' • • ,� • -•L��- I ..,......,,_ oo,,_v 0E, ovv DAvc BBtry gJOCD I U I Ht INSUHED NAMED ABOVE FOR THE POLICY PERIOD INDICAL ED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY I(AVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A DD'I INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDD,YYI 07/20/10 POLICY EXPIRATION DATE(MM!DOlyf) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 6802810L758 General Llab. excludes claims arising out of the performance of professional services. 07120(11 EACH OCCURRENCE S1,000,000 X DAMAGE TO RENTED PREMISES (Fa Dccurrence) $1'QQQ,Q 00 $10 000 CLAIMS MADE X I OCCUR MED EXP (Any one person) X Contractual Liab. PERSONAL & ADV INJURY $j 000 000 GENERAL AGGREGATE s2,000,000 S2,000,000 GPN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG POLICY X PRO LOC JECT B AUTOMOBILE LIABUTY ANY AUTO AIL OWNED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS BA4592L377 07/20/10 07/20/11 COMBINED SINGLE LIMIT (Eaaccideml S1,000,000 BODILYSCHEDULED (Per (Per porsonI, $ X BODILY INJURY (Per accident) X PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ B EXCESSIUMBRELLA LIABILITY CUP6772Y251 Does not include Professional Liability. 07/20/10 07/20/11 EACH OCCURRENCE 1,000,000 X OCCUR [ . I CLAIMS MADE DEDUCTS' F RETENTION $ AGGREGATE s1,000,000 $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below UB6771Y518 07/20110 07/20/11 X WC STATU- OTH- TaRY I RUTSFR F.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE $1000000 , , E.L. DISEASE C OTHER Professional Liability 105316987 - - 07/20/10 07/20/11 - POLICY LIMIT $2,000,000 per claim $2,000,000 annl aggr. $5,000 Ded- per claim $1 ,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of National City, its elected officials, officers, agents, and employees are additional insured on General & Auto Liability coverage as per written contract. Waiver of subrogation included in work comp. (See Attached Descriptions) City of National City Attn: Maryam Babaki, P.E. 1243 National City National City, CA 91950 CANCELLATION Ten Dav Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RF CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ROWmjilRftft MAIL an DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, XIMXMAMM.I8N 7SP000I(IMMICX mexosi XR7nioar tt Td tXtotki Xxr IQJCXxuttnuceNxto r DCRzeo a zt ocxxxXx mitact $sxormoaxx AUTHORIZE REPRESENTATIVE U� ACORD 25 (2001/08) 1 of 2 t1S2742461M274245 2 THC 0 ACORD CORPORATION 1988 General Liability Deductible: $0 AMS 25.3 (2001/08) 2 of2 #S2742461M274245 3 POLICY NUMBER: BA4592L377 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM COMMERCIAL AUTO CA20480299 IT CAREFULLY. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the Inception date of the policy unless another date is indicated below. Endorsement effective 09/22/10 Named Insured Civil Source, Inc_ Name of Person(s) or Organization(s): City of National City Attn: Maryam Babaki, P; E_ 1243 National City National City, CA 91950 SCHEDULE The City of National City, its elected officials, officers, agents, and employees. (If no entry appears above, information required to complete this endorsernent will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An Insured Provision contained in Section II of the Coverage Form CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 4 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) -- POLICY NUMBER: UB6771Y518 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' Compensation pre- mium otherwise due on such remuneration. Person or Organization: City of National City Attn: Maryam Babaki, P.E. 1243 National City National City, CA 91950 DATE OF ISSUE: 09/22/10, Schedule Job Description: The City of National City, its elected officials, officers, agents, and employees. 5 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or 'personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you, or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF CG D3 81 09 07 INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" fc which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement .requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a 'contract or agreement requiring insurance' with that person or organization_ We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring -insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily 2007 The Travelers Companies, Inc_ Includes the copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that pan of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and property damage" occurs, and the "personal in- jury' is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page2of2 © 2007 The Travelers Companies, Inc. includes the copyrichted material of insurance Services Office, Inc, wlih Its permission 7 CG D3 81 09 07 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 10 .. .1M TITLE: Resolution of the City Council of National City approving a contract amendment between the City and Kimley Horn and Associates, Inc increasing the Not -to -Exceed amount an additional $100,000 to provide additional on - call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the amendment (Various Capital Improvement Project funds, no General funds) PREPARED BY: Barby Tipton PHONE: 4583 EXPLANATION: On June 21, 2011, the Engineering Division of the Development Services Department presented the City Council with an On - Call Consultants Update. As mentioned, the Engineering Division solicited Request for Proposals (RFP) from professional Engineering firms to provide general engineering, construction inspections and project management for various Capital Improvement Projects. Five firms were selected to provide the needed on -call services for a period of two (2) years with the option to extend for an additional year. DEPARTMENT: Develo nt .ces-Engineering Divi APPROVED BY: This requested amendment will provide funding for the Capital Improvement Projects planned for next fiscal year. As on -call services are needed for projects, supplemental agreements will be processed accounting for actual amounts and project(s) to be charged within the not -to -exceed limit. Council approved the not to exceed amount of $100,000 for the original contract with Kimley Horn and Associates, Inc. This :ndment will bring the total not to exceed amount to $200,000. Staff recommends approval of this amendment to provide Ices needed for current CIP projects as well as projects planned for next fiscal year. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed basis not exceeding the contract amount and amendments to such. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Amendment to Agreement 2. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC., INCREASING THE NOT TO EXCEED AMOUNT AN ADDITIONAL $100,000 TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR FY 2011-2012 WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 227, approving a two-year Agreement with Kimley-Horn & Associates, Inc., to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for a not to exceed amount of $100,000; and WHEREAS, the First Amendment to the Agreement increases the not to exceed amount an additional $100,000 for the various capital improvement projects for Fiscal Year 2011-2012, for a total Agreement amount of $200,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement with Kimley-Horn & Associates, Inc., increasing the not to exceed amount an additional $100,000 to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for Fiscal Year 2011-2012. Said First Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of July, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN & ASSOCIATES, INC. This Amendment No. 1, to the Agreement, is entered into this 77" day of June, 2011 by and between the City of National City, a municipal corporation ("CITY"), and Kimley-Horn & Associates, Inc. (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on October 5, 2010, ("the Agreement") wherein the CONSULTANT agreed to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. WHEREAS, the original not to exceed amount was $100,000. WHEREAS, the agreement expires on October 6, 2012, with an optional extension of one year when mutually agreed upon by parties. WHEREAS , The parties desire to amend the Agreement to increase the not -to -exceed limit by $100,000, for a total agreement amount of $200,000. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on October 5, 2010, through the adoption of City of National City Council Resolution No. 2010-227, shall be amended by increasing the not -to -exceed limit by $100,000 to provide general engineering services, construction inspections and project management services for various Capital Improvement Projects. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 5, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Kimley-Horn & Associates, Inc. By: By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney (Name) t.VI\t�i �fZl�U�i (Print) (Till h/. Co c- ✓i-,✓ (Print) A r1 51'2cr4,(z-i (Title) 1 A CERTIFICATE OF LIABILITY INSURANCE 11/21/2010 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, DATE(MMIDD/YYYY) IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed- If SUBROGATION IS WAIVED, subject to the teens and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ames and Gough 450 Northridge Parkway Suite 102 Atlanta INSURED GA 30350 Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh COVERAGES NC 27636 CONTACT Jerry Noyola PRONE (770) 552 4225 -_- I- -- -- -- E-MAIL (AIC, Hof no ol ADDRESS :1 a@ames Y � gough_com PRODUCER -__-_-- CUSTOMER ID ti00001398 INSURLR(S} AFFORDING COVERAGE NAIL wsunERA Travelers Indemnity Co. of CT '25682 INsuncno Travelers Indemnity Company-25.658 INSURER c Travelers Property Casualty Co.;25674 INSURERD Phoenix Insurance Company '25623 INSURER E Lexington Insurance Company 119437 wsusesF:Travelers Prop. Cas. Co America 125674 - HuvmluN NVIViBEH: THIS INDICATED. CERIIFICATE EXCLUSIONS INSR' LiR IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OH OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ...1ADOLSUBRi __-_.__ __._......___ .. __.__. - ..__.__. OLICY ERR j_ TYPE OF INSURANCE I INSR WYD ; POLICY NUMBER I (MMlDDlYYVV) = LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY _-' CLAIMS-MADE1 X 000un j - I -' --. --- ' "'-- - "-- GENT AGGREGATE LIMIT APPLIES PER - ;POLICY j X ., PRO , X ! LOC 1f C1 ( .thtMlDDlYYYYI ` EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea nrnllrenCp) P-630-8193D99A-TCT-1.0 12/1/2010 72/1/2011 ,ono FXP (Any one person) i !PERSONAL&AOV INJURY GENERAL AGGREGATE PRODUCTS COMP/OP AGG ( .. ._ i 5 1,000,000 I S 1,000, 000 ' S 10 , 000 S _,. 1,000,000 $ 2,000,000 S 1,000,000 S B { AUTOMOBILE ---- X ._ X �, LIABILITY I ANY AUTO 1ALL OWNED AUT OS SCHEDULED AUTOS HIRED AUTOS ± NON -OWNED AUTOS I I i I I 1 1 P-S10-5724B497-IND-10 12/1/2610 I12/1/2011 I I I I COMBINED SINGLE LIMIT 1 (Ea accident) I S 1,000,000 BODILY INJURY (Per person) S BODILY INJURY P ) (eraccalern S PROPERTY DAMAGE $ (Pet accident) ... Undennsured molodst Br spl t I S ! Unatsured mmonst propegy IS X C IX UMDRELLA LIAR X OCCUR EXCESS LIAR I _.._.... ;CLAIMS NODE •DEDUCTIBLE RETENTION 5 10,000 I IPSM-CUP-B1937399A-TIL-10 EACH OCCURRENCE S 5,000,000 , ------ ,-- I AGGREGATE $ 5,000,000 - - - "-- --- - ---- 12/1/2010 I12/1/2012� - iS S D F WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYY/N 1 PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N � (btandaloryinNH) y under DESCRIPTION OF OPERATIONS below NIA j IPNUB-B193B99A-10 ) I YNUB-B193B99A-10 (CA) I 'i 12/1./2010 Y2/1/2011 ! X WC STATU- OTH i TOBY DM�7$ _" ER t I EL EACH ACCIDENT 5 -., 500, 000 12/1/2010 I12/1/2011 I - EL DISEASE EA EMPLOYES, S 500,000 E L DISEASE POLICY UMrr ' S 500,000 E Professional Liability 1016017332 .12/9/2010 t 2/1/2011 ,PetCia,m $2, 000, 000 I i I I Aggregate $2, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Romarks Schedum, it morn space is roguirad) Re: All City of National City Projects The City of National City, its elected officials, officers, agents & employees are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability. Waiver of Subrogation is applicable where required by written contract & allowed by law. CFRTIFICATP Wm noo _ LATION City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950-4301 SHOULD ANY OF 1HE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Matias Ormaza/NOYOLA ACORD 25 (2009/D9) INS025 (2o09cel The ACORD name and logo a e registered 0198-2009 marks of ACORD ACORD CORPORATION. AU rights reserved. 2 Policy Number: P-630-81931399A-TCT-10 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that 'you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Pail, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor. in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- CG D4 14 04 08 plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis. that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance' that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance'. 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABIIJTY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a: The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: ©2008 The Travelers Companies, Inc. Page 1 of 2 3 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: - i. Immediately record the specifics of the claim or "suit" and the date received; and li. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any deim or "suit" to Page 2 of 2 any provider of other insurance which would cover the additional insured for a loss we cover_ However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: 'Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2008 The Travelers Companies, Inc- CG D4 14 04 08 4 Policy Number: P-810-5724B497-IND-10 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and CA T3 53 06 09 H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury' or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section IL C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2009 The Travelers Companies, Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office. Inc. with its permission. 5 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION 11— LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph e. in Para- graph 0.7., Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the Page 2 of 4 United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (b) Neither you nor any other in- volved "insured" will make any settlement without our consent. We may, at our discretion, par- ticipate in defending the "insured" against, or in the settlement of, any claim or "suit". (d) We will reimburse the "insured": (c) (i) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE; (ii) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit de- scribed in Paragraph C., Limit Of Insurance, of SECTION I1 — LIABILITY COVERAGE, © 2009 The Travelers Companies, Inc_ CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 6 and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you compiled with the compulsory in- surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". CA T3 53 06 09 COMMERCIAL AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A_4.a., Transportation Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION HI — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss'. L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); 2009 The Travelers Companies, Inc. Page 3 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 7 COMMERCIAL AUTO (b) A partner (if you are a partnership); (c) A member (if you are a limited liability corn - Pang (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex - Page 4of4 fent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. 2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 8 TRAVELERSJR WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) — 001 POLICY NUMBER: PNUB - 819 3 B99A-10 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 . mium otherwise due on such remuneration. % of the California workers' compensation pre - Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 10-04-10 STASSIGN: AMES & GOUGH Novctnher 22, 2010 Re: Updated Certificate oFInsurance Dear Certificate Holder: You are receiving a new certificate of insurance from Kimley-Horn and Associates because they are consolidating all of their insurance policy expiration dates to December 1' anniversary. There has been no change in insurer, no reduction in coverage or change in policy limits. The enclosed certificate replaces any certificates you have received in 2010. If you have any questions, please give us a call. Best Regards ili'e ry ij yo a(; lz`1n;es(t''& (lough 450 Northridge Parkway, Suite 102 A Atlanta, GA 30350 Telephone: (770) 330-8327 A Facsimile: (866) 550-4082 10 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 11 'EM TITLE: Resolution of the City Council of National City approving a contract amendment between the City and Project Professionals Corporation increasing the Not -to -Exceed amount an additional $300,000 to provide additional on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the amendment (Various Capital Improvement Project funds, no General funds) PREPARED BY: Barby Tipton DEPARTMENT: Develosy- ces-Engineering Divi PHONE: 4583 APPROVED :. EXPLANATION: On June 21, 2011, the Engineering Division of the Development Services Department presented the City Council with an On - Call Consultants Update. As mentioned, the Engineering Division solicited Request for Proposals (RFP) from professional Engineering firms to provide general engineering, construction inspections and project management for various Capital Improvement Projects. Five firms were selected to provide the needed on -call services for a period of two (2) years with the option to extend for an additional year. This requested amendment will provide funding for the Capital Improvement Projects planned for next fiscal year. As on -call services are needed for projects, supplemental agreements will be processed accounting for actual amounts and project(s) to be charged within the not -to -exceed limit. Council approved the not to exceed amount of $300,000 for the original contract with Project Professionals Corporation. This amendment will bring the total not to exceed amount to $600,000. Staff recommends approval of this amendment to vide services needed for current CIP projects as well as projects planned for next fiscal year. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed basis not exceeding the contract amount and amendments to such. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Amendment to Agreement 2. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION INCREASING THE NOT TO EXCEED AMOUNT AN ADDITIONAL $300,000 TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 225, approving a two-year Agreement with Project Professionals Corporation to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for a not to exceed amount of $300,000; and WHEREAS, the First Amendment to the Agreement increases the not to exceed amount an additional $300,000 for the various capital improvement projects for Fiscal Year 2011-2012, for a total Agreement amount of $600,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement with Project Professionals Corporation increasing the not to exceed amount an additional $300,000 to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for Fiscal Year 2011-2012. Said First Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of July, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONAL CORPORATION, INC This Amendment No. 1, to the Agreement, is entered into this 7TH day of June, 2011 by and between the City of National City, a municipal corporation ("CITY"), and Project Professional Corporation, Inc. (the "CONSULTANT). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on October 5, 2010, ("the Agreement") wherein the CONSULTANT agreed to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. WHEREAS, the original not to exceed amount was $300,000. WHEREAS, the agreement expires on October 6, 2012, with an optional extension of one year when mutually agreed upon by parties. WHEREAS , The parties desire to amend the Agreement to increase the not -to -exceed limit by $300,000, for a total agreement amount of $600,000. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on October 5, 2010, through the adoption of City of National City Council Resolution No. 2010-225, shall be amended by increasing the not -to -exceed limit by $300,000 to provide general engineering services, construction inspections and project management services for various Capital Improvement Projects. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 5, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Project Professional Corporation, Inc. By: Ron Morrison, Mayor APPROVED AS TO FORM: (Title) Claudia G. Silva City Attorney By: a"Le 2f - ( ame) Lerlr)ve. (3. w-- e_ (Print) CFO (Title) 1 AL RO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/OD/YYYY) 06/09/201 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION is WAIVED, subject to tt terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AHERN INSURANCE BROKERAGE 9655 GRANITE RIDGE DR STE 500 SAN DIEGO, CA 92123 (888) 661-3938 X0052 882 CONTACT NAME: PHONE (A/C, No, Ext): (888) 661-3938 E-MAIL ADDRESS: Service.center@travelers.com PRODUCER T.MER ID 1104EA146 FAX (A/C, No): (877) 592-6091 INSURER(S) AFFORDING COVERAGE NAIC # INSURED PROJECT PROFESSIONAL CORP 656 FIFTH AVENUE STE. W SAN DIEGO, CA 92101 COVERAGES INSURER A:TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURER B:TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA INSURER C: INSURER D: INSURER E: INSURER F: CERTIFICATE NUMBER: 818523739251061 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT IFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR 1VVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM(DD/YYYY) LIMITS B GENERALLIA811TY X COMMERCIAL GENERAL LIABILITY -XI OCCUR X 680-9688P418-11 05/10/2011 05/10/2012 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES /Ea occurrence) $300,000 CLAIMS -MADE MED EXP (Any one person) 1x'" ) $5,000 X X GEN'L Xf HIRED AUTO PERSONAL Si ADV INJURY $2,000,000 NON OWNED AUTO AGGREGATE LIMIT APPLIES PER: POLICY JECT 1I LOC GENERAL. AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000, 000 $ AUTOMOBILE ---. _ LIABILI1Y COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ U UMBRELLA LIAR EXCESS UAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below YIN N/A UB-1329R331-11 05/10/2011 05/10/2012 X 1 ORYT TU- I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE . POLICY LIMIT - $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOLDER IS ADDITIONAL INSURED - BLANKET ADDL INSD-OWNERS/LESSEES/CONTR, CG D1 05, BUT ONLY AS RESPECTS TO WORK BEING PERFORMED BY THE INSURED. CANCELLATION CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES CONTINUED... AS RESPECTS TO WORKERS COMPENSATION COVERAGE, WC 04 03 06 (1)-WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA, HAS BEEN ATTACHED TO THE POLICY. CITY OF NATIONAL CITY IS LISTED IN THE ENDORSEMENT SCHEDULE AS A DESIGNATED PERSON OR ORGANIZATION. CG M1 06 PROVIDES A TOTAL AGGREGATE LIMIT OF $10,000,000 THAT APPLIES TO ALL. "PROJECTS". 3 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended to include as an insured any person or organiza- tion (called hereafter "additional insured") whom you have agreed in a written contract, executed prior to loss, to name as additional insured, but only with respect to Iiabilily arising out of your wok or your ongoing operations for that addi- tional insured performed by you or for you. 2. With respect to the insurance afforded to Addi- tional Insureds the following conditions apply: a. Limits of Insurance The following limits of liability apply: 1. The limits which you agreed to provide; Of 2. The Broils shown on the declarations, whichever is less. b. This insurance is excess over any valid and collectible insurance unless you have agreed CG D1 05 04 94 in a written contract for this insurance to apply on a primary or contributory basis. 3. This insurance does not apply: a. on any basis to any person or organization for whom you have purchased an Owners and Contractors Protective policy. b. to "bodily injury," "property damage," "per- sonal injury," or "advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, in- cluding: 1. The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and 2. Supervisory, inspection or engineering services. Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. 4 TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) — 00I POLICY NUMBER: (IJUB-1329R33-1-10) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 1.000 % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF NATIONAL CITY CONSULTING DATE OF ISSUE: 08-02-10 STASSIGN: 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO.12 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign an agreement for Motorist Aid and Safety Grant funding in the amount of $14,279.00 for the reimbursable grant purchase of rescue equipment for the National City Fire Department from the Fiscal Year 2011/2012 San Diego Service Authority for Freeway Emergencies Grant Program. (Fire) PREPARED BY: Walter Amedee G DEPARTMENT: PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The San Diego Service Authority for Freeway Emergencies (SAFE) has announced that the National City Fire Department has been awarded a grant in the amount of $14,279.00 for the purchase of rescue equipment. The "Motorist Aid and Safety Grant" is a reimbursable grant program that will be used to purchase rescue equipment. The program requires the City to purchase the rescue equipment, prior to requesting reimbursement. Staff recommends the utilization of $14,279.00 of City funds for the purchase of rescue equipment for the National City Fire Department, and to request reimbursement for such equipment from SAFE. This program was a competitive grant that required agencies to complete a grant application justifying the use of funds. FINANCIAL STATEMENT: APPROVED: G " Finance ACCOUNT NO. Rev. 282-12940-3470 Exp. 282-412-940-355-0000APPROVED: MIS The San Diego Service Authority for Freeway Emergencies Grant Program is a reimbursable grant that requires jurisdictions to order and receive equipment prior to being reimbursed for expenditures. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the purchase of equipment from the FY 2011/2012 San Diego SAFE Grant utilizing $14,279.00 in City funds. Direct staff to submit reimbursement forms to the San Diego SAFE Grant Program. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Agreement for Motorist Aid and Safety Project Grant Funding Appendix "A" Grant Proposal 3. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR MOTORIST AID AND SAFETY GRANT FUNDING IN THE NOT TO EXCEED AMOUNT OF $14,279 FOR THE REIMBURSABLE GRANT PURCHASE OF RESCUE EQUIPMENT FOR THE NATIONAL CITY FIRE DEPARTMENT FROM THE FISCAL YEAR 2011-2012 SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES GRANT PROGRAM WHEREAS, the San Diego Service Authority for Freeway Emergencies ("SAFE") has announced that the National City Fire Department has been awarded a Motorist Aid and Safety Grant in the not to exceed amount of $14,279 for the purchase of rescue equipment; and WHEREAS, the SAFE Program requires the City to purchase the rescue equipment prior to requesting reimbursement; and WHEREAS, to ensure that the Fire Department's rescue equipment is purchased prior to the grant deadline, City funds must be used to order and/or receive equipment prior to that deadline, to enable staff to claim reimbursement out of the grant funding, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the utilization of $14,279 of City funds to purchase rescue equipment for the Fire Department, and directs staff to request reimbursement for such expenditures from the San Diego Service Authority for Freeway Emergencies in the amount of $14,279. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of July, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney San Diego Service Authority For Freeway Emergencies Managed by: TeleTran Tek Services 9167 Chesapeake Drive San Diego, California 92123 (858) 279-1299 (858) 279-8424 FAX Board of Directors Ann Kulchin, Chair Hal Ryan, Vice Chair Ben Hueso Bill Hom Ron Roberts Tony Young Mayda Winter Dxecutive Director .:dward S. Castoria, M.A., J.D. TeleTran Tek Services Email:eddie@tcubed.net Web Page www.sdcallbox.org Member Agencies County of San Diego Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido Imperial Beach La Mesa Lemon Grove National City Oceanside Poway San Diego San Marcos Santee Solana Beach Vista CALIFORNIA'S FIRST SAFE AGREEMENT FOR MOTORIST AID AND SAFETY PROJECT GRANT FUNDING This agreement is made as of this 5th day of July, 2011 by and between the San Diego Service Authority for Freeway Emergencies ("SAFE") and the City of National City. RECITALS WHEREAS, City of National City submitted a grant funding proposal for a FY 2011/2012 Motorist Aid and Safety Project (the Project); and WHEREAS, the SAFE Board of Directors approved the Project for funding at its May 12, 2011 meeting; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein, the parties agree as follows: 1. A copy of City of National City's proposal is attached hereto and incorporated by reference as Appendix "A". 2. SAFE will provide grant funding for actual costs for goods, labor and/or services stated in the City of National City's proposal in an amount not to exceed $14,279.00. SAFE will provide said funding when funds become available after July 1, 2011. 3. All grant funds must be expended for the purpose(s) stated in the Proposal, and must be expended within San Diego County. The latter requirement does not prevent grant recipients from paying vendors located outside San Diego County for goods or services provided within San Diego County. SAFE will provide grant funding in one of two ways: a. The agency may procure and pay for the equipment or services that are the subject of the grant, and then submit a request for reimbursement to SAFE, including a copy of each paid invoice (or credit card statement) and the check(s) used to pay for it. b. The agency may order the equipment or services that are the subject of the grant, provide a copy of the unpaid purchase order or invoice to SAFE, the request that SAFE write a check directly to the vendor for the amount owed. This second method for obtaining payment is intended primarily for smaller agencies without sufficient funds to pay for the goods or services up front. c. In either case, the agency may submit requests for reimbursement or vendor payment before all the equipment or services are delivered. 4. Documents may be sent or delivered to SAFE at the following address: San Diego Service Authority for Freeway Emergencies ATTN: Edward Steven Castoria, SAFE Executive Director 9167 Chesapeake Drive San Diego, California 92123 5. SAFE is serving solely as a funding source for the Project. Provision of that funding does not in any way obligate SAFE to provide any further funding for the project, nor does it make SAFE in any way responsible for the City of National City's use of the goods, labor and/or services provided to the City of National City under this grant funding. 6. SAFE, TeleTran Tek Services, and the Member Agencies shall not be liable for, and City of National City shall defend, indemnify and hold them and each of them harmless from, any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related to the work covered by this agreement arising either directly or indirectly from any act, error, omission or negligence of the City of National City or its contractors, licensees, agents, servants or employees, including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of SAFE, TeleTran Tek Services, or the Member Agencies, or their agents or employees. However, the City of National City shall have no obligation to defend or indemnify SAFE, TeleTran Tek Services, or the Member Agencies from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of SAFE, TeleTran Tek Services, or the Member Agencies or their agents or employees. SAN DIEGO SERVICE AUTHORITY CITY OF NATIONAL CITY FOR FREEWAY EMERGENCIES By By EDWARD STEVEN CASTORIA RON MORRISON, Mayor SAFE Executive Director National City TeleTran Tek Services DATE: DATE: APPROVED AS TO FORM AND LEGALITY THOMAS MONTGOMERY, COUNTY COUNSEL By RACHEL H. WITT, Senior Deputy SAFE COUNSEL DATE: SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) MOTORIST AID PROJECTS PROJECT TITLE: AGENCY: NCFI) RESCUE EQUIPMENT PROGRAM NATIONAL CITY FIRE DEPARTMENT 1. PROBLEM STATEMENT: The National City Fire Department (NCFD) is seeking assistance to purchase Advanced Strut Rescue equipment and Rescue Randy Training Manikins totaling $14,279. The program will deliver trained personnel and advanced rescue equipment to reduce the loss of life at vehicle accidents. With the new rescue equipment, we feel we can more effectively and more safely handle freeway vehicle accidents. We will also improve the rescue delivery system in National City and neighboring jurisdictions. The program will deliver personnel and rescue equipment to reduce the loss of life at all vehicle collisions. With the new rescue equipment, we feel we can make a big impact on citizens of all ages traveling throughout South San Diego County. We will also improve the rescue delivery system in National City and neighboring jurisdictions. National City is a coastal city located immediately south of San Diego and ten miles north of the United States/Mexico border. The city covers 8.5 square miles and has approximately 63,000 residents. Three high traffic freeways intersect National City: San Diego Freeway (I-5), South Bay Parkway (S-54), and the Jacob Dekema Freeway (1-805). As a result of its proximity to these major freeways, there is a substantial amount of day and nighttime traffic that passes through National City. Our problem is that a large underage population mixes drinking and driving by going to Tijuana, Mexico, where the legal drinking age is 18. Young men and women partygoers regularly travel to Tijuana for a night out and then attempt to drive back to their homes in San Diego County. In addition, National City is immediately south of the Gaslamp District in downtown San Diego. There are many nightclubs downtown San Diego that also allow young partygoers to drink; and unfortunately most drive under the influence. Since National City is only 10 miles from Tijuana and San Diego, many vehicle collisions due to driving under the influence of alcohol occur on our freeways. These drivers contribute to the following National City rankings in comparison to 104 other cities with a similar population of between 50.001 and 100.000: Type of Collision Victims Killed & Injured Ranking by Population Total Fatal and Injury 232 41/104 Alcohol involved 40 11/104 Hit and Run 17 27/104 Hit By Drunk Driver < 21 1 72/104 Hit By Drunk Driver 21-34 20 2/104 Motocles 10 24/104 Pedestrians 29 10/104 Pedestrians 65+ 7 2/104 Pedestrians <15 6 18/104 Bicyclists 9 76/104 Bicyclists <15 3 48/104 Nighttime (9:00pm - 2:59am) 28 12/104 DUI Arrests 151 33/103 Nighttime (9:00 pm — 2:59 am) 22 Collision Data 2009 (Source: California Office of Traffic Safety Rankings) 1 Appendix "A" SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) MOTORIST AID PROJECTS PROJECT TITLE: AGENCY: NCFD RESCUE EQUIPMENT PROGRAM NATIONAL CITY FIRE DEPARTMENT Although the National City Police Department continues to take an aggressive posture to prevent and deter drinking and driving (particularly through the widespread use of sobriety checkpoints and saturation patrols) in National City, it has no control over enforcement on our freeways. This responsibility falls on the California Highway Patrol. As a result of not being able to prevent/deter drinking and driving on our freeways and to ensure that when a vehicle collision does happen, the NCFD wishes to provide trained personnel with up-to-date life-saving rescue equipment to all of these collisions. Auto extrication rescues are among the most common type of rescue performed across the country. Almost every jurisdiction, including National City, deals with vehicle collisions caused by drunk drivers. National City's drunk driving issue is intensified by the substantial amount of drunk drivers returning from Mexico or downtown San Diego. Bringing a vehicle collision to a successful and safe conclusion entails using state-of-the-art equipment and a trained rescue team as part of an operational plan that encompasses all the appropriate and necessary steps, procedures, and actions. Rescue personnel must use proper rescue equipment during these types of operations. They must be specially trained to handle these emergencies, and they must maintain tools and equipment so that they are ready whenever needed. With funding from the San Diego Service Authority for Freeway Emergencies (SAFE) grant, the NCFD will train all firefighters in auto extrication rescue techniques by purchasing and utilizing the Rescue Randy Training Manikins. These manikins can be safely used in situations too hazardous or uncomfortable for human volunteers. Made of durable vinyl, articulated joints, weight distribution according to human weight distribution chart, these manikins provide the hands-on training firefighters need to practice auto extrications. These manikins are used by the U.S. Military, Fire, and Police Departments, Safety Teams, and Emergency Personnel for rescue and extrication from pole top, confined spaces, collapsed buildings, smoke rooms, and ladder carry -down protocols worldwide. Rescue Randy Training Manikins measure 6' 1" 165 lbs. Size: 56" x 27" x 13". In addition to purchasing this equipment, the NCFD will provide training to the region using this equipment. During monthly in-service training (IST), various topics are discussed, practiced, and tested. This rescue equipment and manikins will be placed on the agenda to enhance the rescue capabilities of adjacent fire departments throughout the region. With up-to-date rescue equipment and training, the NCFD can effectively provide life-saving services to vehicle collision victims, while at the same time reduce their risk to injuries. This grant application consists of the purchase Advanced Strut Rescue equipment to be used in responses to auto extrications and Rescue Randy Training Manikins to practice auto extrications. Up-to-date rescue equipment is essential for the deployment of effective NCFD rescue teams and the successful rescue of vehicle collision victims. Our program will increase firefighter capabilities in various rescue situations by providing a rapid response to auto extrications with versatile rescue tools. The purchase of this equipment will take place from July 1-September 30, 2011. The training of all firefighters in the region will take place from October 1-December 31, 2011. 2. PERFORMANCE MEASURES: Goals 1. To quickly deliver life-saving personnel and rescue equipment to reduce the loss of life by staffing each NCFD fire engine with rescue equipment by December 31, 2011. 2 Appendix "A" SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) MOTORIST AID PROJECTS PROJECT TITLE: AGENCY: NCFD RESCUE EQUIPMENT PROGRAM NATIONAL CITY FIRE DEPARTMENT 2. To improve first responder services to vehicle accident victims on freeways intersecting National City and neighboring jurisdictions by obtaining up-to-date rescue equipment by December 31, 2011. Objectives 1. To purchase the advanced strut rescue equipment and training manikins by December 31, 2011. 2. To train all firefighters in the use of the rescue equipment by utilizing rescue manikins to simulate real world scenarios during training. 3. To improve the survival rate of vehicle accident victims by faster delivery of rescue equipment. 4. To ensure that all vehicle accidents receive responses by trained rescue personnel. 3. PROPOSED BUDGET: Rescue equipment to be purchased and placed into service for use at vehicle accidents include: Qty Item Total Price 1 Rescue 42 Kit $6,295 8 Pickets $760 8 Ratchet Straps $480 1 Hook Cluster $85 1 Cinch Ring $20 1 Jack Head $175 1 Spike Foot $70 1 Strut Bag $80 2 Chains $180 1 Strut Mount Bracket $180 2 Large Shark Collapsible Step Chock $598 1 0-Plate W/ 91/2 ton Alloy Steel Shackle $375 1 0-Pate Jr. Rescue Plate $225 4 Rescue Randy Trainin• Manikins $3,214 Sales Tax (9.75%) Shipping & Handling TOTAL 4. WHY FUNDING IS NECESSARY: $1,242 $300 $14,279 In June 2006, the City of National City passed a 1% sales tax increase to help bridge a $6.7 million budget gap; however, the National City Fire Department currently does not have the sufficient funds to purchase the rescue equipment. The City of National City's primary source of revenue is the sale of new and used cars. The economic crisis has created revenue shortfalls in the general fund, which supports Fire Department purchases. Due to substantial decreases in sales tax revenue, the State of California's budget crisis that has lead to it "borrowing" funds from local government, and the City Manager requiring all department's to look at 5% to 20% budget cuts, National City's City Council has limited the National City Fire Department's ability to purchase new equipment. As our department considers replacing aging equipment and adopting new technologies, the amount of funds needed for rescue equipment continue to grow out of reach. The National City Fire Department hopes to receive funding from San Diego SAFE to help with the purchase of this equipment. 3 Appendix "A" SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) MOTORIST AID PROJECTS PROJECT TITLE: AGENCY: NCFD RESCUE EQUIPMENT PROGRAM NATIONAL CITY FIRE DEPARTMENT 5. WHO ARE WE: The NCFD is currently composed of 41 personnel (36 in Fire Operations and 5 in Fire Administration). The Fire Administration Division provides overall administrative support to all Department activities to ensure that the Fire Department meets its mission statement of "protecting Life, property and the environment." The Fire Operations division runs two engine companies and one truck company. Typical staffing levels are four personnel per engine and truck company. Automatic and mutual aid agreements with the City of San Diego and other regional departments expands the responsibility of the NCFD beyond city limits into neighboring communities. In 2009, the NCFD responded to over 5,408 calls for service. Approximately 75% of the responses were emergency medical incidents and the remaining 25% were calls for fires or other incidents. National City experienced $529,500 in fire loss in 2009. 4 Appendix "A" CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 13 TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement with Day Wireless Systems, in an amount not to exceed $52.009.00, to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services and other projects as needed. PREPARED BY: Ronni Zengota, Operations Assistant PHONE: Ext. 4516 EXPLANATION: DEPARTMENT: Police APPROVED BY: Please see attached staff report. FINANCIAL STATEMENT: APPROVED: r 6J G-Zz-c( Finance ACCOUNT NO. APPROVED: MIS Amounts are budgeted in respective departments and cannot exceed the following: Police Department - $40,000.00 001-411-000-287-0000 / 131-411-000-511-0000 and grant accounts) Fire Department - $12,009.00 — 001-412-125-287-0000 & 001-412-125-299-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ff Report j Wireless Second Amendment STAFF REPORT On December 1, 2009, the City Council of the City of National City adopted Resolution No. 2009-285, entering into an Agreement with Day Wireless Systems. The Agreement provides the option to extend the Agreement for three (3) additional one-year terms. The Agreement was subsequently amended on July 1, 2010, for one year through June 30, 2011, for the not to exceed amount of $46,509.00. This Second Amendment in an amount not -to exceed $52,009, is exercises the option for a second one-year extension for the period of July 1, 2011 through June 30, 2012. Day Wireless has maintained and serviced the City's two-way radio communications equipment, installed and relocated cabling, installed modems, maintains the infrastructure on site for the City's mobile and portable radios, installed radio equipment to include bi-directional antennas, radio antennas, modem installations, relocated antenna cables, and provided preventative maintenance on City radios and public safety radios since approximately 1999. Day Wireless is the certified Motorola vendor for the Regional Communications System (RCS) of which the City of National City is a member. The amendment price increase is due to the cost of the maintenance contract being increased for the Police Department, and allows for the additional radio installations and radio swaps for newly acquired vehicles for the Police Department. The cost for services for the Fire Department has decreased from the last amendment. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH DAY WIRELESS SYSTEMS IN AN AMOUNT NOT TO EXCEED $52,009 TO PROVIDE MAINTENANCE, SERVICE, AND INSTALLATION OF THE CITY'S RADIO COMMUNICATIONS EQUIPMENT, MAINTAIN INFRASTRUCTURE FOR MOBILE AND PORTABLE RADIOS AND ON -CALL SERVICES, AND OTHER PROJECTS AS NEEDED WHEREAS, on December 1, 2009, the City Council adopted Resolution No. 2009-285, approving an Agreement with Day Wireless Systems for an amount not to exceed $57,005.04 to provide general services related to two-way radio communications maintenance for the City of National City, including certain projects for the Police Department, Fire Department, and Neighborhood Services for the period of July 1, 2009 through June 30, 2010; and WHEREAS, said Agreement provided the option to extend the term of the Agreement for three additional one-year terms; and WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2001- 232, approving the First Amendment to the Agreement with Day Wireless Systems for consultant services expanding the term for an additional one-year term, and amended the scope of services to include additional work for the Police Department and Fire Department for the not to exceed amount of $46,509. WHEREAS, the City and Day Wireless Systems desire to exercise the option provided in the Agreement to extend the term for an additional one-year term for the not -to - exceed amount of $52,009, and amend the scope of services to include additional work for the Police Department and a decrease in services for the Fire Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement with Day Wireless Systems in the not -to -exceed amount of $52,009 to provide maintenance, service, and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios and on -call services, and other projects as needed for an additional one-year term, expiring on June 30, 2012. Said Second Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of July, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva, City Attorney SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND U.S. MOBILE WIRELESS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS This Second Amendment to Agreement is entered into this 1st day of July 2011, by and between the City of National City, a municipal corporation (the "CITY"), and U.S. Mobile Wireless Communications, Inc., a corporation, dba Day Wireless Systems, (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR entered into an Agreement dated November 9, 2009, ("Agreement") wherein the CONTRACTOR agreed to provide general services related to two-way radio communications maintenance for the City of National City, including certain projects for the Police Department, the Fire Department, and Neighborhood Services for the period of July 1, 2009 through June 30, 2010. WHEREAS, the Agreement was subsequently amended on July 1, 2010, for one year through June 30, 2011, for the not -to -exceed amount of $46,509.00. WHEREAS, the parties now seek to continue the maintenance of the two-way radio communications and increase the scope of work due to an increase in the number of police vehicle radios to be included, and extend the length of the Agreement for one-year, expiring on June 30, 2012. NOW, THEREFORE, the parties agree as follows: 1. The length of the agreement, stated in Section 5 of the Agreement, is amended by extending the term for one year. The new term shall be from July 1, 2011 to June 30, 2012. 2. The scope of services, stated in Section 2 of the Agreement, is increased by increasing the scope of work as described in Exhibits "A" and "B". The specific subsections of the Agreement are amended to read as follows: A. SCOPE OF SERVICES — POLICE DEPARTMENT. The CONTRACTOR shall perform the services set forth in Exhibit "A" for the Police Department during the extended one-year term through June 30, 2012. B. SCOPE OF SERVICES — FIRE DEPARTMENT. Contractor shall perform the services set forth in Exhibit "B" for the Fire Department during the extended one-year term through June 30, 2012. 3. The total amount for all work performed under this Amendment shall not exceed Fifty -Two Thousand Nine Dollars ($52,009.00). This total amount includes the following limits on the amounts payable based on the scope of services identified above: A. POLICE DEPARTMENT. The total cost for all work performed for the Police Department pursuant to this Amendment shall not exceed Forty Thousand Dollars ($40,000.00). This not to exceed amount includes the specific scope of services set forth in Exhibit "A" totaling Eighteen Thousand Seven Hundred Eighty ($18,780.00) for the term of this Amendment, and up to the remaining balance for additional as -needed work during the term of this Amendment. B. FIRE DEPARTMENT. The total cost for all work performed for the Fire Department pursuant to this Amendment, as detailed in Exhibit "B" shall not exceed Twelve Thousand Nine Dollars ($12,009.00) for the term of this Amendment. With the foregoing exceptions, each and every provision of the Agreement date November 9, 2009, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date and year first above written. CITY OF NATIONAL CITY Ron Morrison, Mayor APPROVED AS TO FORM: U.S. MOBILE WIRELSS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS, INC. (Signatures of two corporate officers required) By: (Name) (Print) (Title) Claudia G. Silva, Esq. City Attorney By: (Name) (Print) (Title) Second Amendment -2- Between City of National City and Day Wireless Systems DAY vviRELESS SYSTEMS SERVICE HvrtEEMENT dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 DATE 4/28/2011 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: City of National City - Police Department ATTN: Accounts Payable BILLING ADDRESS: 1243 National City Blvd. CITY; National City CONTRACT START DATE: 7/1/2011 YES CUSTOMER #: NAT140 DAY. WIRELESS SYSTEMS CUSTOMER/AGREEMENT: 5 65-0 0 CUSTOMER CONTACT: Dave Noteware - Support Services Manager ZIP 91950 TELEPHONE r FAX #: 619-336-4509 Fax: 619-336-4525 AUTO RENEWAL: NO EXPIRATION DATE: 6/30/2012 PAGE 1 OF 1 vmaa TNLS K,REEVENi6^w lfla BY VS want WM ELEE'J.TNE E¢VIPBENY OKT IECUSYCMENK.EEENENT ORDER RFWERENCEU More WRL BE SEAM. MBLI£NILELESSIMACCOROMICE NMI THE TERMS NLBOONORINS NWT!, 1ATTACUMEMT. IAA MIREMLENr OM NOTMCWVE N EPLKEI.IEMiNNRE NN.V, BATIERIE^a,OR SEANCE OFµYTM $M1S50N LAT, MTEN LA. TONER OR TONER 40441I11.6 VWC35 EVOI WCRKIOEKCRI lD @LOW 'PLACE OF SERVICE MONTHLY 5VC AMOUNT SPECIAL INSTRUCTIONS: or( MODEL NUMBER/SERIAL NUMBER/DESCRIPTION MINATEER Lonanai SVCCTS oaNsol SY.. MNL-ra HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday excluding weekends PERMIT ExrENo o and holidays. 3 Mobile Control Stations' X 9.00 27.00 3 Reomote Op Positions' X 74.00 222.00 An annual preventative maintenance inspection is included in this contract and 1 Spectra Consolette Existing` X 25.00 25.00 is to be scheduled by a representative of National City Police Department. 1 Ethernet Router' X 15.00 15_00 1 Ethernet Switch' X 15.00 15.00 This contract includes all parts and labor with the exception of antennas, 1 Tensor Channel Bank' X 25.00 25.00 batteries, cables, programming, physical abuse and waterlchecmical damage. 9 XTL5000 Consolettes' X 9.00 81.00 3 BDA X 25.00 75.00 15 Astro Mobiles X 8.00 120.00 17 XTS3000 Portables X 8.00 136.00 'Denotes that this equipment is covered under 24/7/365. 67 XTS5000 Portables X 8.00 536.00 20 XTS2500 (warranty) X 2.00 40.00 Contract included pick up and delivery of portables. 6 XTS500D Portables (Warranty X .. 2.00 12.00 [ X] NEW [ ] ADJUSTMENT AGREEMENT AGREEMENT# 56 Astro Mobiles (Warranty) X 4.00 224.00 3 Moto Astros (Warranty) X 4.00 12.00 M61ionsi lamps. de*n,Eans and conditions *SATs SERVICE AGREEMENT are ;RHI 4 on imp< 2. PURCHASE NUMBER Totals for page 1 PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY [ j YES, ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE 1 ] QUARTERLY [ X j NO [x] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $1,565.00 TAXES $0.00 TOTAL $1,565.00 AUTHORIZED CUSTOMER (SIGNATURE) DATE: THE ABOVE SERVICE AM MART IS SUBJECT TO STATE a LOCAL TAXING JURISDICTIONS. TO EE VEWFIED 6Y WY WIRELESS SERVICE REPRESENTATIVE (SIGNATURE) DATE: EXHIBIT A DAY WIRELESS SYSTEMS SERVICE AGREEMENT dba: US Mobile Wireless Communications, inc. 8300 Juniper Creek Lane STE 100 DATE 6/16/201 1 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: NATIONAL CiTY-FIRE DEPT ATTN: BILLING ADDRESS: CITY: National City CONTRACT START DATE 7/1/2011 CUSTOMER#: NAT130 BRENDA HODGES 619-336-4570 CUSTOMER/AGREEMENT: 1243 NATIONAL CITY BLVD WIRELESS SYSTEMS CUSTOMER CONTACT: CAPT. MARK GUNDERT/JUDY WILKINS 619-336-4550 STATE: CA ZiP 92050 TELEPHONE! FAx#: 619-336-4550/619-336-4562 m g un d ert @n at io n alcit yca.GOV YES AUTO RENEWAL: NO EXPIRATION DATE 6/30/2012 PAGE 1 OF 1 n ,-RAWM1mR11YwYy1tJMl wuw,ivmmY, n[ eWMM[1rI Vet !He ,W MW w4m>a�,.w�ay.rtneu-v.+e mu. pc. sX+uYY Mr 1.1 rnuaue W111 . AdO]RWNIEN'TIN TEAVS MO RMPTH aceI]Ec CN ATTAO,M[Nt. a S1RSACAF$:ENT LVS NOW INCLUDE IMPI-APSKENTC ANIIXPA& e,1mcR OR SOM1L.CCf ANY IIA 1a6'0:1 LNIE AN raw.. TQVFA D TONV LIGN.IMC ONLEtadnGI NCRN6Pf9JY0m B9CV1 PLACE OF SERVICE MONTHLY SVC AMOUNT SPECIAL INSTRUCTIONS: HOURSOF SERVICE: 8:00 AM T04:30 PM Monday thru Friday. OTT MODEL Nu MBER/SERIAL NUMBERIDESCRIPTION OIRWe1 ..11311 s1C cm OW. woe. .NM. PER UNIT EXTENDED EXCLUDING WEEKENDS and HOLIDAYS. 4 Astro XTL5000 Mobile Control Station x 15.00 60.00 20 Astro XTL5000 Mobiles 1 W!DuaI CH x 15.00 300.00 An annual preventive maintenance inspection is included in this conlract 33 XTS5000 Portables x 9.00 297.00 and is to be scheduled by a represent at ive of the FIRE DEPT. 6 XTS3000 Portable x 9.00 54.00 28 Vehicular Tri-chemcharger x 7.50 210.00 Thiscontract includes all partsand labor with the exception of antennas, 2 Battery Maint Systems x 3.00 6.00 bat teries,cables, program ming,physicaiabu se and Water/chemicat dam age. 4 Impress Rapid Rate Chargers x 3.00 12.00 17 Speaker Mics x 2.00 34.00 -- THERE 1N NO 24 HOUR COVERAGE ON THE CONTRACT 5 Desktop chargers Model AA1670 x 3.75 18.75 1 Batt Maint System Model WPLN4079BR x • 9.00 9.00 0.00 0.00 [ X ] NEW [ ] ADJUSTMENT AGREEMENT AGREEMENT* Additional Icrms, delinh ions and condlllo ns et this %RVIC: AGREEMENT are Printed on iage 2. P,cf IS P.O. REQUIRED? LJ YES. ATTACH P.O. i I NO PAYMENT CYCLE_ TAX EXEMPT: I 1 ANNUALLY 1 i YES. ATTACH IXEMPT [ 1 SEMI-ANNUALLY CERTIFICATE [ J QUARTERLY I x 1 NO [ x 1 MONTHLY [ 1 OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH '- $1•,000.75 TOTAL $1,000.75 Customer (SIGNATURE) DATE: THE ABOVE Ea',,n: AMOJNT Is SJBJECT TO STATE Z. LOCAL TAXINGJUPoSIXR(CNS.TOSE VERIFIED BY DAY WII:LE9S SERVICE REPRESENTATIVE (SIGNATURE) DATE: EXHIBIT B ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER (503) 241-0154 FAX: urham and Bates Agencies Inc 20 SW Washington Suite 250 Portland `INSURED. - (503)542-0624 OR 97205-3554 US Mobile -Wireless Communications, Inc. DBA: Day -Wireless Systems 4.700 SE- International Way Milwaukie OR 97222 COVERAG DATE (MM/DD/YYYY) 10/1/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA;Ofl Beacon Insurance.(CL) INSURER S: - - NAIC # INSURER C. INSURER D: INSURER E. ' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHTHISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS -SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID. CLAIMS. ' INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MMIDDNY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY _ • DAMAGE IORENTED-'. • CLAIMS MADE OCCUR PREMISES (Ea occurrence) $ .MED EXP (Any one person) PERSONALBAOV INJURY $ $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 7 POLICY JECOT I LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS - - -- - -- BODILY INJURY- - (Perperson) -- $ HIRED AUTOS - - - - - - -BODILY - INJURY - .(Per aecjden!), $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY - -- AUTO ONLY - EA ACCIDENT - - $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG -$ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR J CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU• TORY LIMITS OTii- FR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ - OFFICER/MEMBER EXCLUDED? If yes, describe under - E.L. DISEASE - EA. EMPLOYEE $ SPECIAL PROVISIONS below E.L. DISEASE - POUCY LIMIT $ A OTHER Technology E60 Liability Claims -Made 7110113880002 10/1/2010 10/1/2011 Each Claim/Aggregate $2,000,000 SIR/Ded Each Claim $ 10,000 Retro Hate June 7, 2006 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS - =RE: Continuing Maintenance Projects throughout National City. Evidence of insurance provided subject to the terms, conditions, limitations and exclusions of the policy. *Except 10 days notice for non-payment of premium. Mail orig cert to: City of National City, Attn: Ronni Zengota, 1200 National City Blvd, National City, CA 91950-4301. CERTIFICATE HOLDER (619) 336-4525 rzengota@nationalcityca.go CITY OF NATIONAL CITY ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001108) INS025 (Oloe).03a AUTHORIZED REPRESENTATIVE Joanna Brown/MJK ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of•Insurance -on the. reverse side of this form does not- constitute a contract -between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS025 (olaa).oea Page 2 of2 ACORDr. CERTIFICATE OF LIABILITY INSURANCE DATE 0 PRODUCER (503) 241-0154 FAX: (503)542-0625 urham and Bates Agencies Inc 20 SW Washington Suite 250 Portland OR 97205-3554 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE . NAIC # -INSURED US Mobile Wireless Communications, Inc. DBA: Day Wireless Systems 4700 SE International Way Miiwaukie OR 97222 rnvroe rrc - INSURER A OneBeacon America Ins.. Co INSURERB: Navigators Insurance INsuRERa:See Below for Vrs Cos. 37478 INSURERD: INSURER E. - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH -THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE. AFFORDED BY THE POLICIES DESCRIBED HEREIN IS S.UBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- - INSR LTR ADD'L INSRD - TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DDJYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY - - - DAMAGE TO RENTED ' PREMISES $ 1,000,000 A X CIAIMSMADE X OCCUR 7110099180004 10/1/2010 10/1/2011 (Ea occurcence) MEDEXP $ 10,000 X $1MM UMBRELLA (Any orePerson) PERSONAL B ADV INJURY $ 1,000,000 X WA STOP RAP GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ 2,000;006 POLICY ri JECOT Ili 1 LOC WA EMPLOYERS LIAR 500,000 AUTOMOBILE X LIABILITY ANY AUTO (EaCOMaecidentINED )INGLE LIMIT $ 1,000,000 A X A ALLOV,NED AUTOS 7110099180004 10/1/2010 10/1/2011 BODILY INJURY (Per person) $ X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per ae JdeMj $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ - _ AUTO ONLY: AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 8,000,000 X OCCUR CLAIMS MADE r.A10EXC161165IV 10/1/2010 10/1/2011 AGGREGATE $ 8,000,000 $ B DEDUCTIBLE $ RETENTION $ S- C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 52WELN9641 10/1/2010 10/1/2011 X WYLATR-S OR - - ANYPROPRIETOR/PARTNER/EXECUTIVE OR -Hartford of Midwest EL.EACH ACCIDENT $ 1,000',000 OFFICER/MEMBER EXCLUDED? 1f yes, describe under CA -Hartford Accident Ind E.L. DISEASE - EA EMPLOYEE $ 1,000,000 SPECIAL PROVISIONS below NV -Hartford Casualty - E.L DISEASE -POLICY LIMIT $ 1,000,000. A OTHER' GARAGEKEEPERS - 7110099180009 10/1/2010 10/1/2011 COMPREHENSIVE AND COLLISION -LIMIT $250, 000 ➢EDUCTIBLE $ 500. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Continuing Maintenance Projects throughout National City. The City of National city its elected officials, officers, agents, and employees are Additional Insured. per attached VCG 207 0607 as respects' General Liability only and VCA 201 01 09 as respects Automobile Liability only when required by written contract, subject to the terms, condi ions, limitations and excclusa.qps O-..k. ,. t,.daysnotice fior non Sqc f premium. aRT e" n., t of.. �,.it Y �44T :ifit-1#P':a3' �ls. Mr4 �0 GFv1 ... .r CERTIFICATE HOLDER (619)336-4525 rzengota@nationalcityca.go CITY OF NATIONAL CITY ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD- NATIONAL CITY, CA 91950-4301 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Joanna Brown/MJK ACORD 25 (2001/08) INS025 mum .Dee ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the .issuing in surer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) INS025 (Otoel.oaa Paget of Policy #711009918-0004 .. THIS ENDORSbi 1ENT CHANGES THE POLICY. PLEAS,. jREAD IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule. lists the coverage extensions provided by this endorsement. Refer to the individual provisions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured Broad Form Vendors 2. Additional insured — by Contract, Agreement or Permit relating to: o Work performed by you o Premises you own, rent, lease or occupy o Equipment you lease 3. Aggregate Limit Per Location 4. Blanket Waiver of Subrogation 5. Bodily Injury Redefined —.Mental Anguish 6. Broadened Named Insured 7. Broadened Property Damage o Borrowed Equipment o Customers' Goods o Use of Elevators 8. Coverage Territory —Worldwide 9. Duties in Event of Occurrence, Claim or Suit 10. Expected or intended Injury (PD) 11 Medical Payments 12. Mobile Equipment Redefined 13. Newly Acquired or. Formed Organizations 14. Non -Owned Aircraft 15. Non -Owned Watercraft 16. Personal and Advertising Injury 17. Product Recall Expense 18. Supplementary Payments Increased Limits 1. ADDITIONALINSURED • BROAD FORM VENDORS Section 11— Who Is An insured is amended to include as an additional insured any person(s) or organization(s) (referred tobelow as vendor) with whom you agreed in a written contract or agreementto provide insurance, but only with respect to' "bodily` injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. This provision 1. does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damagesby reason of the assumption of liability in a contractor agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property.damage" arising out ofthe sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4. or 6.; or VCG 207OS 07 Inctudescopyrighted-material or Insurance Services Orrice, Inc. Copyright2004, OneBeacon Insurance Group INSURED Page 1 ol7 (b) Such inspections, aorustments, tests or servvicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) Any person or organization if the "products -completed operations.. hazard" is excluded either by the provisions of the Coverage: Form or by endorsement. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. ADDITIONAL INSURED — CONTRACT, AGREEMENT OR PERMIT a. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to Liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of "-your work" for the additional insured(s) at the location: designated in the: contract, agreement or permit; or 2. In the maintenance, operation or use of equipment leased to you by such -persons) or organization(s), or 3. In connection with premises you own, rent, lease or occupy. This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the contract, agreement or permit. b. The insurance provided to the additional insured herein is limited. This insurance does not apply: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy; and (b) the contract or agreement was executed or permit issued prior to the "bodily injury", "property damage", or "personal and advertising injury"; 2. To any person or organization included as an insured under the Additional Insured - Broad Form Vendors provision of this endorsement 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part 4. To any person or organization If the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failingto prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. 5. To any: (a) Lessor of equiptnent after the equipment lease expires; or (b) Owners or other interests from whom land has been leased; or (c) Managers or lessors of premises it. (1) The "occurrence" takes place after you cease to be a tenant in that premises; or (2) The "bodily injury", "property damage", "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on- behalf of the manager or lessor. 6. To "bodily injury, or "property damage" occurring after: (a) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to. its Intended use by any person or organization other than another contractor or subcontractor engaged in performingoperations for a principal as part of the same :project. Page 2 of 7 Includes copyrighted material of liuur-ame Services Office, Inc. VCG 20706 07 Copyright 2004, OneBeacon Insurance Group c. Limits of Insurance applicable to the additional insured are thosb ecified.in the contract, agreement or permit or in the Declarations of this policy, whichever is Tess, and fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or "suits" brought; or 3. Persons or organizations making claims or bunging "suits". These limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section III —Limits of Insurance, the General Aggregate Limit applies separately to each of your "locations" owned by or rented or leased to you. b. Under Section V Definitions, the following definition is added "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street,. roadway, waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV — Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. 5. BODILY INJURY • REDEFINED —,MENTAL ANGUISH Under Section V the definition of "bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 6. BROADENED' NAMED INSURED Section 11- Who Is An Insured is amended to include as an insured the. following: Any organization which is a legally incorporated: entity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured unfit the 180th day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but forits termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE — BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "property damage" liability is subject to the following: a. The Damage To Property exclusion under Section`I Coverage Ms amended as follows: 1. The exclusionfor personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a Job site and provided it is not being used by anyone to perform operations at the lime of loss. 2. The exclusions for (a) Property loaned to you; (b) Personal property in the care, custody or control of the insured; and (c) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed'onit do not apply to "property damage" to "customers' goods" while on your premises nor do they apply to "property damage" arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods" is $25,000 per "occurrence". vcG 207 05 07 Includes c pyrigtied material of Insurance Services Office, Inc. Page 3.of 7 Copyright 2004, OneBeacon Inserance Group b. Under Section V — Definitions, the following definition is added: "Customers'Goods" means goods of your customer on your premises for the purpose of being: 1. Repaired; or 2. Used in your manufacturing process. c. The insurance afforded by this provision is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such insurance is primary, excess, contingent or on any ether basis: Any payments -by will follow the Other Insurance — Excessprovisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 8. COVERAGE TERRITORY— WORLDWIDE The definition of "coverage territory" is replaced by the following; "Coverage territory" means anywhere. However, the insureds responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America (including its territories and possessions), Puerto: Rico .orCanada. 9. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV— Duties to The Event Of Occurrence, Claim or Suit is amended by adding the`following paragraphs: a. The requirements that you must 1. notify us of an "occurrence" offense, claim or "suit" and 2. send us documents concerning a claim or "suit' apply only when such "accident" claim, "suit" or "loss" is known to: 1. You, if you are an individual; 2. .A partner, if you are a partnership; 3. An executive officer of the corporation or insurance manager, if you are a corporation; or. 4. A manager, if you are a limited liability company. b. The requirementthat you must notify us as soon as practicable of an "occurrence":or an offense that may result in a claim does not apply if you report an "occurrence" to your workers compensation insurer which later develops into a liability claim for which coverage is provided: by this .policy. However, as soon as you have definite knowledge that the particular "occurrence is a liability claim rather than a workers compen- sation claim, you must complywith the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. 10. EXPECTED OR INTENDED INJURY (PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force toprotect personsor property. 11. MEDICAL PAYMENTS — INCREASED LIMITS AND TIME PERIOD a. In the Insuring Agreement under Coverage C• Medical Payments, the requirement that expenses are incurred and reported to.us within one year of the detect the:accident's changed to three years. b. The Medical Expense Limit is $10,000 per personor the amount shown in the Declarations as the Medical Expense.Limit, whichever is greater. c. This provision 11 does not apply if Coverage C - Medical Payments is otherwise excluded either by the provisions of the Coverage Form.or by endorsement. 12. MOBILE EQUIPMENT — SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The.following:is addedto the "mobile equipment". definition: Vehicles maintained primarily for purposes other than the transportation' of.persons or cargo that are self- propelled vehicles of less.than 1,000 pounds gross vehicle weight with.,the following types of permanently attached equipment will be considered "mobile equipment":. a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. Page 4 of 7 Includes copyrighted material of litsa_mtce Services Office, Inc. VCG 207 06 07 Copyright 2004, OneBeacon Insurance Group 13. NEWLY FORMED OR ACk.eUIRED ORGANIZATIONS UnderSection II — Who Is An Insured, the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is afforded only until the end of the current policy period. 14. NON -OWNED AIRCRAFT a. The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not applyto an aircraft that is: 1. Hired, chartered or loaned with a paid crew; and 2. Not owned by any insured. b. The insurance afforded by this provision 14. is excess over any other valid and collectible insurance (including any deductible or`Seit Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITYCONDiTIONS. 15. NON -OWNED WATERCRAFT a. b. c.. Section II — Who Is An Insured is amended to include as an insured for any watercraft that is covered by thispolicy, any person who, with your expressed or implied consent, either uses or is responsible for the use of a watercraft. However, no person or organization is an insured with respect to: 1. "Bodily injury" to a co "employee" of the person operating the watercraft; or 2. "Property damage" to property owned by, rented to, in the charge of or employer of any person who is an insured under this provision. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability, the limitation on the length of a watercraft is increased to 51 feet. The insurance afforded by this provision 15. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention)" available to the insured, whether such insurance is primay, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Exce Insurance provisions In the COMMERCIAL GENERAL LlABILtTY CONDITIONS. 16. PERSONAL AND ADVERTISING INJURY The following exclusionsunder the definition of "personal and advertising injury" are a. Insureds In Media Type Businesses "Personal and advertising injury" committed by an insuredwhose`business is: (1) Advertising, broadcasting, publishing or telecasting; or (2) Designing or developing content of websites for others. However, this exclusion does not apply to paragraphs 14. a., b. and c. of "personal and advertising injury" under the; Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. b. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or maintains for others. 17. PRODUCT RECALL EXPENSE a. With respect to this Provision 17., the Recall Of Products, Work Or lmpaired Property exclusion under Coverage A Bodily Injury And Property Damage Liability is deleted. b. The following is added to Section III — Limits Of Insurance section: 1. The Limits of insurance shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) "Covered recalls" initiated; or (c) Number of your products" recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period: VCG 207 06 07 occupied by you or the amended as follows: Includes copyrighted material of Insurance Services Offwo, Inc. Page 5 of 7 Copyright 2004, OneBeacon Insurance Group f 3. Subject to 2. above, the rach Product Recall Limit isthe most We will reimburse you for the sum of all "product recall expenses" arising out of any one "covered recall" for the same defect or deficiency. Products Recall Schedule Limits of lnsurance Product Recall Aggregate $50,000 Limit Each Product Recall Limit $25,000 The limits of nsurance forthis coverage apply. separately to eachconsecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy periodshown in the Declarations, unless the policy period is extended after issuance for an addrriional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance: c. The following is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit provision under Section IV Conditions: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": 1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of"your product' and the reason for the withdrawal or recall; 2: Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; 3. As often as may be reasonably required, permit us to inspect "your product" that demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamagedsamples of "your products" for inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms; and 5. Permit us to examine any insured under oath, while not in the presence of any other insured and at such times as may reasonably be required, about any matter relating to this insurance or your claim, including an insured's books and records. to the event of an examination, an insured's answers must be signed. d. The following definitions are added to the Definitions Section: 1. "Covered recall" means a recall made necessary because the insured or a govemment body has determined that a known or suspected defect, deficiency, inadequacy or dangerous condition in "your product" has resulted in or will result in "bodily injury" or "property damage". 2. "Product Recall Expense" means: (a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling "your product": (1) For communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) For remuneration paid to your regular "employees" for necessary overtime (4) For hiring additional persons, other than your regular "employees"; (5) Incurred by "employees", including transportation and accommodations; (6) To rent additional warehouse or storage space; or (7) For disposal of "your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, but "product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit. Page 6 of 7 Includes copyrighted nR&M :of Insurance Serpices Office, Inc. Copyright 2004, oneBeacon Insurance Group VCG 207 05 07 (b) "Product Rei..ii Expense" does not include any expenses ,- ailting from: (1) Failure of any product to accomplish its intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause Toss of which any insured knew or had reason to know at the inception of this insurance; and (7) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. 18. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS In the SUPPLEMENTARY PAYMENTS — Coverages A and B provision: a. The limit for the cost of bail bonds is amended to $2,500; and b. The limit for reasonable expenses incurred by the "insured" is amended to $500 a day. VCG 207 06 07 Includes copyrighted material of Insurance Services Office, Inc. Page 7 of 7 Copyright 21:104, OneBeacon Insurance Group Policy 1/711009918-0004 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR AUTOMOBILE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional insured By Contract 2. Airbag Discharge 3. Auto Theft Reward 4. Blanket Waiver of Subrogation 5. Bodily Injury Redefined — Mental Anguish 6. Broad Form Named Insured 7. Communications Equipment 8. Diminution in Value 9. Drive Other Car — Executive Officers 10. Duties In The Event of Accident, Claim, Suit or Loss 11. Employees As insureds 12.:. Employee Hired Autos<... 13. Fellow Employee Exclusion 14. Glass Repair — Waiver of Deductible 15. Hired Auto Physical Damage Coverage 16. Lease Gap Coverage 17. Liability Coverage — Suppiementary Payments le. Newly Formed or Acquired, Organizations 19. Physical Damage - Transportation Expenses 20. Rental Reimbursement — Private Passenger Vehicles 21. Towing —Any Covered Auto 1. ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION 0 — LABILITY COVERAGE is amended to include as an additional "insured" any person or organization with whom you agreed ina written contract, written agreement or permit, to provide Insurance such as is afforded under this Coverage Form. Such person or organization is an insured" only with respect to Liability tor "bodily injury" or "property damage" caused, in whole or in part by your maintenance, operation or use of your covered "autos". With respect to the insurance afforded to these additional "insureds", this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the "bodily injury" or "property damage"; b. To any person or organization included as an "insured" by endorsement or in the Declarations; or c. To any lessor of "autos" when their contract or agreement with you for such leased "auto" ends. 2. AIRBAG DISCHARGE if you purchased physical damage coverage for a covered "auto" under this policy, we will pay to reset or re- place anairbag that accidentally discharges without the vehicle being involved in an accident_ No deductible applies to this additional coverage. However, this coverage only applies if the airbag is not covered under a manufacturer's warranty and you did not intentionally cause the airbag .to.discharge. 3. AUTO THEFT REWARD We will pay up to a $2,000 reward in the event of a covered Toss, for information leading .to the arrest and con- victionof anyonestealing acovered "auto". A. reward will not be,pald to you, a family member, employee or any public official while performing their duty. 4. BLANKET WAIVER OF SUBROGATION The Transfer Of Rights of Recovery Against, Others To: Us condition under SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A, LOSS CONDITIONS,is;replaced by the following: We will waive any right of recovery wemayhave against any person or organization because of payments we make for injury or damage arising out of the operation of a covered "auto" when you have assumed liability for such "bodily Injury" or "property damage" under an "Insured contract", probided the contract is in writing and executed prior to the "bodily injury" or "property damage". 5. BODiLY INJURY REDEFINED-. MENTAL ANGUISH The definition of "bodily injury" under SECTION V - DEFINITIONS is replaced by the following: • "Bodily injury" means bodily injury, sickness, or disease sustatned by a person, including mental anguish or death resulting from any of these at any time. VCA 20101 09 Includes copyrighted material of Insurance Services Office,Inc. Page 1 of 5 Copyright 2'04, 6. BROAD FORM NAMED INSURED a. The Who Is An Insured provision under SECTION 11— LIABILITY COVERAGE is amended to include the following_ Any organization which is a legally incorporated entity in which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form will be a Named Insured until the 180"' day or the end of the policy period whichever comes first, provided there is no other similar insurance avail- able to that organization_ b. Paragraph a. of this provision 6. does not apply to "bodily injury' or "property damage" for which an "insured" is also an "Insured" under any other automobile policy or wouldbe an "insured" under such a pol- icy, but for its termination or the exhaustion of its Limit of Insurance. 7. COMMUNICATIONS EQUIPMENT a. The exclusion for electronic equipment under Exclusions of SECTION III- PHYSICAL DAMAGE COVER- AGE does not apply to loss of any permanently installed, non -removable .communications equipment de- signed for use as a: 1. Citizen's band radio; 2. Two-way mobile radio or telephone;. 3. Scanning monitor receiver; or 4. GPS Navigation System, including its antenna and other accessories. b. No Deductible applies to this additional coverage. c. The most we will pay for this coverage is $5,000 per occurrence. 8. DIMINUTION IN VALUE The "diminution in value" exclusion under SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions does not apply if the covered "auto" is a private passenger "auto" and:isleased, rented, hired or borrowed with- out a driver fora period of.30 days or less and is used in the conduct of the insured's business. The most we will pay for "loss" arising out of an "accident" is the lesser of $7,500 or 20% of the actual cash value of the "auto" as determined by Kelley Blue Book or other independent valuation sources. 9. DRIVE OTHER CAR — EXECUTIVE OFFICERS a. The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE is amended to include: If you are designated in the Declarations as: 1. An individual; you and your spouse. 2. A partnership; your partners and their spouses. 3. An organization other than an Individual or a partnership; your "executive officers and their spouses. b, SECTION II - LIABILITY COVERAGE and SECTION 111- PHYSICAL DAMAGE COVERAGE are extended to include "autos" you don'town,_hire, lease or borrow while in the care, custodyorcontrcit of an insured" listed in 9.a. This does not include any ''auto": 1. Owned by any insured" listed in 9.a„ or any member of their household, including any such "auto" that Is owned but not insured; 2. Used byen'Snsured" fisted in 9.a. while working in the business of selling, servicing, repairing or parking autos; or 3. Insured under another policy of insurance. If Medical Payments, Uninsured/Underinsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are covered on this policy, then Insureds listed in 9.a. above and lardy/members residing in the same households are insureds" while: 1. Occupying as a passenger; or 2. A pedestrian when struck by, any "auto" you do not own, hire, lease or borrow, except any "auto" owned by that "insured" listed in 9.a, their family members or an"auto' insured under any other policy. c. The limits and deductibles applicable to this provision will be the largest applicable to any owned "auto" for the specific insurance. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc. VCA 201 01 09 Copyright 2004, d. The following definition is added to the DEFINITIONS section of the policy: "Executive officer" means a person holding any of the officer positions created by your charter, constitu- tion, by-laws or any similar governing document. e. The Other Insurance Condition, under Section IV - BUSINESS AUTO CONDITIONS, does not apply to the provisions of this Drive Other Car endorsement. There is no 'other insurance applicable to this en- dorsement. 10. DUTIES IN THE EVENT OF ACCIDENT;CLAIM, SUIT OR LOSS Under SECTION IV- BUSINESS AUTO CONDITIONS -the Duties In The Event. Of Accident, Claim, Suit Or Loss Condition is amended as follows: The requirements that you must: a. Notify us of an "accident", claim, "suit" or "loss"; and b. Send us documents concerning a claim or "sett". apply only when such "accident", claim, "suit`. or "loss" is known to: a. You, if you are an individual; b. A partner, if you are a partnership; c. An executive officer of the corporation or insurance manager, if you are a corporation: or d. A manager, it you are a limited liability company. 11. EMPLOYEES AS INSUREDS The Who Is An Insured provision under SECTION II LIABILITY COVERAGE is changed by adding the fol- lowing: Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. This coverage is excess over any other collectible insurance. 12. EMPLOYEE MIRED AUTOS The following Is added to the Who Is An Insured Provision: An "employee of yours is an 'insured" while operating an "auto" hired or rented under a contact or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of .your busi- ness_ For purposes of this coverage grant, paragraph S.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, runt or borrow; and 2. Any Covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that Is leased, hired, rented or borrowed with a driver is not a covered "auto". This coverageis excess over any ether collectible insurance. 13. FELLOW EMPLOYEE EXCLUSION The Fellow Employee exclusion under SECTION 11 - LIABILITY -COVERAGE does not apply if the "bodily in- jury" results from the use of.a covered "auto" you own or hire. This coverage is excess over any other insur- ance. 14. GLASS REPAIR- WAIVER OF DEDUCTIBLE Under paragraph D. - Deductible -of SECTION 111-PHYSICAL DAMAGE COVERAGE, the following is, added: No deductible applies to glass damage if the glass is repaired rather than replaced, 15. HIRED AUTO - PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" under SECTION 11 - UABILITY COVERAGE and If Comprehensive, Specified Causes of toss,or Coilislo l Coverages are provided under this policy for any "auto" you own, then SECTION III -PHYSICAL DAMAGE COVERAGE is.extended to "autos" you hire. subject to the following limit: The most we will pay for "loss" to any hired "auto" is the lesser of: a. $75,000 for "autos" o1 the private passengertype and $50,000 for all other "autos"; VCA 2010109 Includes copyrighted rnifteriatof Insurance SeMdes Of lce; Inc. Page 3 of Copyright 2004, b_ The actual cash value; or c. The cost of repairing or replacing it with other property of like kind or quality. The deductible will be equal to the largest deductible applicable 10 any owned "auto" for that coverage_ No de- ductible applies to "loss" caused by fire or lightning. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if the following conditions are met: a. It results from an accident; b. You are legally liable; and c. The lessor incurs an actual financial loss. The most we will pay for this loss of use coverage is $1,000 per "accident". 16. LEASE GAP COVERAGE Under paragraph C. Limit of Insurance - of SECTION tit — PHYSICAL DAMAGE COVERAGE, the following is added: If a covered "auto" is leased, we will also pay the difference between the actual cash value of a covered "auto" at the lime of "loss" and the remaining balance on your lease if the following conditions are met: a. The 'auto" has a long term lease and is covered on this policy. b. The lessor is added as an Additional Insured In a written lease agreement. c. You are legally obligated for the reraining balance. We will not pay for any amounts representing excess wear and tear charges; additional mileage charges; taxes; overdue payments; penalties, interest or charges resulting from overdue payments; or lease termination tees. 17. LIABILITY COVERAGE EXTENSIONS — SUPPLEMENTARY PAYMENTS Under SECTION 11—UABILITY COVERAGE, the Coverage Extension for Supplementary Payments is revised as follows: a. The limit for the cost of bail bonds Is amended to $3,500. b. The limit for reasonable expenses incurred by the "insured" is amended to $500 a day. 18. NEWLY FORMED OR ACQUIRED ORGANIZATIONS a. The Who Is An Insured provision under SECTION II — UABILITY COVERAGE is amended to include as an "insured" any organization that is formed or acquired by you and over which you maintain majority own- ership. b. Paragraph a. of this provision 18. does not apply to any organization: 1.. ThatIsa joint venture or partnership; 2. That is an "insured" under any other policy; 3. That has exhausted Its Limit of Insurance under any other policy; or 4. 180 days or more after its acquisition or formationby you, unless you have given us notice of the acqui- sition or formation. c. Paragraph a. of this provision 18. does not apply to "bodily Injury or "property damage" that results from an "accident" that occurred: before you formed or acquired the organization. 19. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES COVERAGE Under SECTION Ill — PHYSICAL DAMAGE Coverage Extensions, the limit for. Transportation Expenses is amended to $75 per day and the maximum is amended to $2;250. 20. RENTAL REIMBURSEMENT We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" of the private passen- ger type because of "loss" to a "covered auto" of the private passenger type. Payment applies in .addition to the otherwise applicable amount of each coverage you have on a "covered auto". No deductibles apply to this coverage. We will pay those expenses incurred during the policy period. beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, six (6) days after the "loss". Page 4 of 5 Includes copyrighted material of insurance Services Office, Inc. VCA 2D1 D1 De Copyright 20C14, Payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred. 2. The maximum daily payment of $25 for any one day. This coverage does not apply while there are spare or reserve "autos' available to you. If "loss" results from the total theft of the private passenger "auto", we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the PHYSICAL DAMi AGE COVERAGE Extension. 21. TOWING — COVERED AUTOS Under SECTION III — PHYSICAL. DAMAGE COVERAGE, Coverage for Towing is amended as follows: a. This coverage applies to any covered "auto for which a premium charge for towing and labor is shown in the Schedule or in the Declarations. b. The limit is $100. VCA 201 01 09 Includes copyrighted material of Insurance Services Office; Inc. Page 5 of 5 Copyright 2004, DAY {'LESS SYSTEMS SERVICE _ _ _ REEMENT dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 DATE 4/28/2011 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: ATTN: BILLING ADDRESS: CITY: CONTRACT START DATE: 7/1 /2011 City of National City - Police Department Accounts Payable 1243 National City Blvd. National City ZIP 91950 YES AUTO RENEWAL: NO CUSTOMER#: NAT140 CUSTOMER/AGREEMENT: 565-00 WIRELESS SYSTEMS CUSTOMER CONTACT: Dave Noteware - Support Services Manager TELEPHONE/FAX#: 619-336-4509 Fax:619-336-4525 EXPIRATION DATE: 6/30/2012 PAGE 1 OF 1 WHEN THIS AGREEMENT M ACCEPTED BY US MOBNE WIRELE88, THE EQOMNENT ON THE CV,TOMENROPEEMENT ORDER REFERENCED ABOVE WILL BE SERVICED BY U.B. MOBILE WIRELESS M ACCORDANCE WRN THE TERNS ANO CONDITIONS PRIMED ON ATTACHMENT. THIS AGREEMENT DOES NOT MOLUCE P EPUCEMENT OF ANTENNAS, BATTERIES. OR SERNCE OR ANY TRANSMISSION LINK ANTENNA. TOWER OR TOWER LIGHTING YNLE89 BUCK WORK M GESCRME0 BELOW PLACE OF SERVICE MONTHLY SVC AMOUNT SPECIAL INSTRUCTIONS: QTY MODEL NUMBER/SERIAL NUMBER/DESCRIPTION COSTOMER LOCATION SVC C. ORME-M SVC CTII M.44v HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday excluding weekends PER UNIT EMENDED and holidays. 3 Mobile Control Stations' X 9.00 27.00 3 Reomote Op Positions* X 74.00 222.00 An annual preventative maintenance Inspection is included in this contract and 1 Spectra Consolette Existing` X 25.00 25.00 is to be scheduled by a representative of National City Police Department. 1 Ethernet Router* X 15.00 15.00 1 Ethernet Switch' X 15.00 15.00 This contract includes all parts and labor with the exception of antennas, 1 Tensor Channel Bank* X 25.00 25.00 batteries, cables, programming, physical abuse and water/checmical damage. 9 XTL5000 Consolettes' X 9.00 81.00 3 BDA X 25.00 75.00 15 Astro Mobiles X 8.00 120.00 17 XTS3000 Portables X 8.00 136.00 'Denotes that this equipment is covered under 24/7/365. 67 XTS5000 Portables X 8.00 536.00 20 XTS2500 (warranty) X 2.00 40.00 Contract included pick up and delivery of portables. 6 XTS5000 Portables (Warranty X 2.00 12.00 [ X] NEW [ ] ADJUSTMENT AGREEMENT AGREEMENT# 56 Astro Mobiles (Warranty) X 4.00 224.00 3 Moto Astros (Warranty) X 4.00 12.00 Additional terms. deflnIeons end conditions 01114 SERVICE AGREEMENT ere printed en page 2. PURCHASE NUMBER Totals for page 1 PAYMENT CYCLE: TAX EXEMPT: [ ]ANNUALLY [ ]YES, ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE [ ] QUARTERLY [ X [ NO [x] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $1,565.00 TAXES $0.00 TOTAL $1,565.00 AUTHORIZED CUSTOMER (SIGNATURE) DATE: THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE 8 LOCAL TAXING JURISDICTIONS. TO BE VERIFIED BY DAYVARELESS SERVICE REPRESENTATIVE (SIGNATURE) DATE: EXHIBIT A DAY WIRELESS SYSTEMS SERVICE AGREEMENT dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 DATE 6/16/2011 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: NATIONAL CITY -FIRE DEPT ATTN: BRENDA HODGES 619-336-4570 CUSTOMER/AGREEMENT: BILLING ADDRESS: 1243 NATIONAL CITY BLVD CITY: National City STATE: CA CONTRACT START DATE: 7/1/2011 YES ZIP CUSTOMER #: NAT130 CUSTOMER CONTACT: CAPT. MARK GUNDERT/JUDY WILKINS 619-336-4550 92050 TELEPHONE /FAX#: 619-336-4550/619-336-4562 mgundert@nation alcityca.GOV AUTO RENEWAL: NO EXPIRATION DATE: 6/30/2012 PAGE 1 OF 1 wnW11.11$MATC[Ne1VI ISAIASr,eu AT VS MWIt mNue% IM,MJUIAMtx imt ANSiLMwAUNW1cN,LMYFIInntlfVll2UMtlWC mu NC ftNVKtVaT MN M4NLA WIg6ESSIN ACCORDANCE WPM THE TERN$ AND<CNDInNYls PRINTED ON ATTACHMENT. THI$AGREEMENT DOES NOT INCLVOE RERAC0.IENT OP ANTENNAS 4AMMAIE4 OR YJNICE Oi ANY TRANSMISSION LINE ANTENNA, TOWER CR TOWER 11GNTNG UNLESS EACH WORK I$ DESCRIBED BELOW PLACE OF. SERVICE MONTHLY SVC AMOUNT SPECIAL INSTRUCTIONS: HOURS or SERVICE: 8:00 AM T04:30 PM Monday thru Friday. OTY MODEL NUMBER/SERIAL NUMBER/DESCRIPTION DUmOMER LOCADON SAT OR DM.. [ACM, MAMA PER UNIT EXTENDED EXCLUDING WEEKENDS and HOLIDAYS. 4 Astro XTL5000 Mobile Control Station x 15.00 60.00 20 Astro XTL5000 Mobiles 1 W/Dual CH x 15.00 300.00 An annual preventive maintenance inspection is included in th is contract 33 XTS5000 Portables x 9.00 297.00 and is to be scheduled by a representative of the FIRE DEPT. 6 XTS3000 Portable x 9.00 54.00 28 Vehicular Tri-chem charger x 7.50 210.00 This contract includes all parts and labor with the exception of antennas, 2 Battery Maint Systems x 3.00 6,00 batteries, cables, programm ing, physical abuse and water/chemical dam age. 4 Impress Rapid Rate Chargers x 3.00 12.00 17 Speaker Mics x 2.00 34.00 ** THERE IN NO 24 HOUR COVERAGE ON THE CONTRACT 5 Desktop chargers Model AA1670 x 3.75 18.75 1 Batt Maint System Model WPLN4079BR x • 9.00 9.00 0,00 0.00 [ X] NEW []ADJUSTMENT AGREEMENT AGREEMENT# Additidnaiterms, dellnhia nsand con diticns DI this SERVICEAGREEMENTNre printed on pogo 2. P.O,M IS P.O. REQUIRED? [ 1 YES, ATTACH P.O. I 1 NO PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY [ ] YES, ATTACHEXEM PT [ ] SEMI-ANNUALLY CERTIFICATE [ ] QUARTERLY [ x ] NO [ x ] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $1,000.75 Customer (SIGNATURE) DATE: TOTAL $1,000.75 THE ABOVE MRVICE AMOUNT ISOJSIECT TO STATE B LOCAL TAXINGJURISDICTIONS TO RE VERIFIED BY DAY WIRELESS SERVICE REPRESENTATIVE (SIGNATURE) DATE: EXHIBIT B CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011', AGENDA ITEM NO. 14 M TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Grossman Psychological Associates, APC, in the not -to exceed amount of $49,500 to provide Pre -Placement evaluations, Pre -Employment exams, an Officer Assistance Program, Critical Incident Debriefing and Fitness for Duty Evaluations for the Police Department for the term of one year. PREPARED BY: Ronni Zengota, Operations Assistant DEPARTMENT: Police PHONE: 4516'', APPROVED BY: EXPLANATION: - On July 1, 2010, the City entered into an Agreement with Grossman Psychological Associates, APC, to provide Pre -Placement evaluations, Pre -Employment Exams, Officer Assistance Program, Critical Incident Debriefing and Fitness for Duty Exams for the Police Department from July 1, 2010 through June 30, 2011, for the not to exceed amount of $49,500. The Agreement provides the option to extend the Agreement for three (3) one-year terms. This First Amendment to the Agreement in the not to exceed amount of $49,500 exercises the option for the first one-year extension through June 30, 2012. Grossman Psychological Associates, APC is a licensed psychologist that has specialized in police psychology since 1982, and is qualified by experience and ability to perform the services required by the ice Department. FINANCIAL STATEMENT: APPROVED: — "13 Finance ACCOUNT NO. Budgeted through the General Fund APPROVED: MIS 001-411-000-205-0000 — Pre -placement, Pre -employment, Critical Incident Debriefing, Fitness For Duty 001-411-000-299-0000 — Officer Assistance Program ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: endment to Agreement RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC, IN THE NOT -TO -EXCEED AMOUNT OF $49,500 FOR AN ADDITIONAL ONE YEAR TERM TO PROVIDE PRE -PLACEMENT EVALUATIONS, PRE -EMPLOYMENT EXAMS, AN OFFICER ASSISTANCE PROGRAM, CRITICAL INCIDENT DEBRIEFINGS, AND FITNESS FOR DUTY EVALUATIONS FOR THE NATIONAL CITY POLICE DEPARTMENT WHEREAS, on July 1, 2010, the City entered into a one year agreement with Grossman Psychological Associates, APC, in the amount of $49,500 to provide pre -placement evaluations, pre -employment exams, an officer assistance program, critical incident debriefings, and fitness for duty evaluations for the National City Police Department; and WHEREAS, said Agreement provided the option to extend the term of the Agreement for three additional one-year terms; and WHEREAS, the parties desire to exercise the option to extend the Agreement for the first of the three one-year extensions by extending the term of the Agreement for one additional year, beginning July 1, 2011, and expiring on June 30, 2012, in the amount of $49,500, for a total agreement amount of $99,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to the Agreement in the not -to -exceed amount of $49,500 with Grossman Psychological Associates, APC, to provide pre -placement evaluations, pre -employment exams, an officer assistance program, critical incident debriefings, and fitness for duty evaluations to the Police Department from July 1, 2011 through June 30, 2012. Said First Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of July, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC This First Amendment to Agreement is entered into this 1st day of July, 2011, by and between the City of National City, a municipal corporation (the "CITY"), and GROSSMAN PSYCHOLOGICAL ASSOCIATES, a professional corporation (the "CONSULTANT),. RECITALS A. The CITY and the CONTRACTOR entered into an Agreement on July 1, 2010 ("the Agreement"), wherein the CONSULTANT agreed to provide Pre -Placement Suitability Evaluations, Pre - Employment Psychological Examinations, an Officer Assistance Program, Critical Incident Debriefing, and Fitness for Duty Examinations for the National City Police Department located at 1200 National City Boulevard from July 1, 2010 through June 30, 2011, for an amount not to exceed $49,500. B. The Agreement provided an option to extend the term of the Agreement for one-year, with up to three extensions. C. The parties desire to exercise the option to extend the Agreement for the first of the three one-year extensions by extending the term of the Agreement for one additional year, beginning July 1, 2011 and expiring on June 30, 2012. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on July 1, 2010, shall be amended as follows: 1. The term of the Agreement dated July 1, 2010, is extended for an additional one-year term to provide Pre -Placement Suitability Evaluations, Pre -Employment Psychological Examinations, an Officer Assistance Program, Critical Incident Debriefing, and Fitness for Duty Examinations for the National City Police Department located at 1200 National City Boulevard from July 1, 2011 through June 30, 2012, for an amount not to exceed $49,500, for a total agreement amount of $99,000. 2. The parties further agree that with the foregoing exceptions, each and every term and provision of the Agreement dated July 1, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC By: By: Ron Morrison, Ira Grossman, PHD Mayor President APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO.15 EM TITLE: Nesolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with Independent Forensic Services, LLC, in the not -to exceed amount of $23,000 to provide examinations of sexual assault victims and suspects for the National City Police Department for an additional one-year term, expiring on June 30, 2012', PREPARED BY: Ronni Zengota, Operations Assistant PHONE: 4516'. EXPLANATION: DEPARTMENT: Police APPROVED BY: -L2-- 11 The City and Independent Forensic Services entered into an agreement on July 1, 2009, wherein Independent Forensic Services agreed to provide examinations of sexual assault victims and suspects from July 1, 2009 through June 30, 2010, in an amount not to exceed $23,000.00. The Agreement provided an option to extend the term of the Agreement for one-year with up to three extensions. On July 1, 2010, the parties entered into the First Amendment to the Agreement to extend the term of the Agreement for a term on one year, expiring June 30, 2011, in an amount not to exceed $23,000.00, for a total Agreement amount of $46,000.00. The parties desire to exercise the option to extend the Agreement for the second of the three one-year extensions by extending the term of the Agreement for one additional year, from July 1, 2011 to June 2012, for an amount not to exceed $23,000, for a total Agreement amount of $69,000.00 FINANCIAL STATEMENT: ACCOUNT NO. Budgeted through the General Fund', APPROVED: MIS 001-411-000-205-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: crbv, c811A Finance STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: and Amendment to Agreement iolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH INDEPENDENT FORENSIC SERVICES, LLC, IN AN AMOUNT NOT TO EXCEED $23,000 TO PROVIDE FORENSIC EXAMINATIONS IN SEXUAL ASSAULT INVESTIGATIONS WHEREAS, on December 1, 2009, the City Council adopted Resolution No. 2009-285, approving an Agreement with Independent Forensic Services, LLC, to provide examinations of sexual assault victims and suspects for the National City Police Department from July 1, 2009 through June 30, 2010, in an amount not to exceed $23,000.; and WHEREAS, said Agreement provided the option to extend the term of the Agreement for three additional one-year terms; and WHEREAS, on July 1, 2010, the City and Independent Forensic Services, LLC, entered into the First Amendment to the Agreement to extend the term of the Agreement for one year, expiring on June 30, 2011, in an amount not to exceed $23,000, for a total Agreement amount of $46,000; and WHEREAS, the City and Independent Forensic Services, LLC, desire to extend the term of the Agreement for an additional one-year term for the not -to -exceed amount of $23,000, for a total agreement amount of $69,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement with Independent Forensic Services, LLC, in the not -to -exceed amount of $23,000 to provide examinations of sexual assault victims and suspects for the National City Police Department from July 1, 2011 through June 30, 2012. Said Second Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of July, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva, City Attorney SECOND AMENDMENT TO AGREEMENT BETWEEN TIIE CITY OF NATIONAL CITY AND INDEPENDENT FORENSIC SERVICES, LLC This Second Amendment to Agreement is entered into this 1st day of July, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and INDEPENDENT FORENSIC SERVICES, LLC, (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an Agreement on July 1, 2009, ("the Agreement") wherein the CONTRACTOR agreed to provide examinations of sexual assault victims and suspects for the National City Police Department located at 1200 National City Boulevard, from July 1, 2009 through June 30, 2010, in an amount not to exceed $23,000. B. The Agreement provided an option to extend the term of the Agreement for one-year, with up to three extensions. C. On July 1, 2010, CITY and CONSULTANT entered into the First Amendment to the Agreement to extend the term of the Agreement for a term of one year, expiring on June 30, 2011, in an amount not to exceed $23,000, for a total Agreement amount of $46,000. D. The parties desire to exercise the option to extend the Agreement for the second of the three one-year extensions by extending the tenn of the Agreement for one additional year, from July 1, 2011 to June 30, 2012, for an amount not to exceed $23,000, for a total Agreement amount of $69,000. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on July 1, 2011, shall be amended to extend the Agreement between the City of National City and Independent Forensic Services, LLC, for an additional one-year term to provide examinations of sexual assault victims and suspects for the National City Police Department from July 1, 2011 through June 30, 2012, in an amount not to exceed $23,000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated July 1, 2009, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY INDEPENDENT FORENSIC SERVICES, LLC By: Ron Morrison. Mayor By: Claire Nelli, Owner APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5th, 2011 AGENDA ITEM NO.4 iM TITLE: Warrant Register #48 for the period of 05/25/11 through 05/31/11 in the amount of $2,719,621.55 PREPARED BY: K. Apalateguil PHONE: 619-336-4331 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/25/11 through 05/31/11 DEPARTMENT: Finance • APPROVED BY: d, 4+ The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check City of San Diego 241987 Kaiser Foundation HP 242049 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/f ORDINANCE: INTRODUCTION: Amount 1,204,458.00 160,809.14 FINAL ADOPTION: APPROVED: APPROVED: Explanation Wastewater charges Employee Insurance Active June 20111 Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,719,621,55 BOARD / COMMISSION RECOMMENDATION: N/AN ATTACHMENTS: rant Register #48 PAYEE CITY OF SAN DIEGO COMMUNITY HOUSING WORKS DESROCHERS GALVAN GEOSYNTEC CONSULTANTS GLORIA SANDERS KEYSER MARSTON ASSOC PRO BUILD PRUDENTIAL OVERALL SUPPLY SDG&E TIERRA WEST ADVISORS INC VISTA PAINT ABCANA INDUSTRIES ACEDO AIRGAS WEST ALLEN ANDERSON ,T/MCI A CUSTOMER SERVICE BECK BEST BEST & KRIEGER LLP BISHOP BOOT WORLD BOYD BRENNTAG PACIFIC INC BURKE WILLIAMS & SORENSEN LLP CAPF CALIFORNIA LAW ENFORCEMENT CHILDREN'S HOSPITAL CITY NATIONAL BANK CITY OF NATIONAL CITY CITY OF SAN DIEGO CLARK RICARDO & CLARK CARRIE COMMERCIAL AQUATIC SERVICES CONDON CORPUZ DAPPER TIRE COMPANY DCS TESTING & EQUIPMENT, INC. DEFRATIS DICERCHIO DISCOUNT TECHNOLOGY ""',,EDGE ER III LOYMENT DEVELOP DEPT FERGUSON ENTERPRISES INC FORAND G & A AUTOMOTIVE, INC. WARRANT REGISTER # 48 5/31/2011 DESCRIPTION WASTEWATER FEES HOMEBUYER LOAN AT 3706 LYNDA PL RETIREMENT BENEFIT / JUNE 2011 FINANCIAL SERVICES SEC 8 - MAY 2011 ENVIRONMENTAL CONS SVCS - 4/30/11 REIMB-CDC 1996-03-603 OVERPAYMENT PROFESSIONAL SVCS / MARCH 2011 MOP# 45707. PAINTING MATERIALS/NSD MOP# 45742. LAUNDRY SERVICES / NSD GAS AND ELECTRIC UTILITIES / CDC PROFESSIONAL SVCS / APRIL 2011 MOP# 68834. PAINTING SUPPLIES / NSD POOL CHEMICALS RETIREE HEALTH BENEFITS/JUNE 2011 MOP 45714 TRAFFIC CONTROL SUPPLY RETIREE HEALTH BENEFITS/JUNE 2011 RETIREE HEALTH BENEFITS/JUNE 2011 TELECOMMUNICATIONS SERVICE / NC BRIAN COX HVAC MAINTA/C UNIT RETIREE HEALTH BENEFITS/JUNE 2011 PERSONNEL ISSUES THROUGH 03/31/2011 RETIREE HEALTH BENEFITS/JUNE 2011 MOP 64096 WEARING APPAREL RETIREE HEALTH BENEFITS/JUNE 2011 POOL CHEMICALS FFA GRIEVANCE 2010-SVCS THRU 03/31/11 FIRE/LTD JUNE 2011 PD/LTD JUNE 2011 CHILD ABUSE EXAMS LEASE PYMNT-PURCHASE#10-005 PETTY CASH REPLENISHMENT- APR 2011 WASTEWATER FEES NC210415005 - OVERPAYMENT REIMB POOL EMERGENCY REPAIRS RETIREE HEALTH BENEFITS/JUNE 2011 RETIREE HEALTH BENEFITS/JUNE 2011 P225/60R16 TIRES / PW HOSE TESTING - NFPA STANDARD/FIRE RETIREE HEALTH BENEFITS/JUNE 2011 RETIREE HEALTH BENEFITS/JUNE 2011 15K HARD DRIVES / MIS RETIREE HEALTH BENEFITS/JUNE 2011 RETIREE HEALTH BENEFITS/JUNE 2011 UNEMP INS REIMB CHGS 01/01/11-03/31/11 MOP 45723 PLUMBING MATERIAL REIMB-RESERVES ON 05/22/11 MOP 72655 R&M AUTO EQUIPMENT CHK NO DATE 241987 5/31/11 241988 5/31/11 241989 5/31/11 241990 5/31/11 241991 5/31/11 241992 5/31/11 241993 5/31/11 241994 5/31/11 241995 5/31/11 241996 5/31/11 241997 5/31/11 241998 5/31/11 241999 5/31/11 242000 5/31/11 242001 5/31/11 242002 5/31/11 242003 5/31/11 242004 5/31/11 242005 5/31/11 242006 5/31/11 242007 5/31/11 242008 5/31/11 242009 5/31/11 242010 5/31/11 242011 5/31/11 242012 5/31/11 242013 5/31/11 242014 5/31/11 242015 5/31/11 242016 . 5/31/11 242017 5/31/11 242018 5/31/11 242019 5/31/11 242020 5/31/11 242021 5/31/11 242022 5/31/11 242023 5/31/11 242024 5/31/11 242025 5/31/11 242026 5/31/11 242027 5/31/11 242028 5/31/11 242029 5/31/11 242030 5/31/11 242031 5/31/11 242032 5/31/11 242033 5/31/11 1/3 AMOUNT 1,204,458.00 41,385.00 110.00 396.00 1,340.95 162.41 6,937.50 71.84 13.87 145.45 4,046.25 1,000.69 284.73 160.00 49.09 125.00 110.00 6,328.47 150.00 140.00 3,839.96 110.00 250.00 145.00 566.49 3,667.50 576.00 1,599.00 1,221.00 43,101.10 354.88 608.46 8.00 1,324.61 280.00 140.00 2,211.27 2,916.10 120.00 70.00 3,285.15 250.00 250.00 11,768.66 278.16 294.85 176.56 2/3 WARRANT REGISTER # 48 5/31/2011 PAYEE DESCRIPTION CHK NO DATE AMOUNT GELSKEY RETIREE HEALTH BENEFITS/JUNE 2011 242034 5/31/11 115.00 GIBBS JR RETIREE HEALTH BENEFITS/JUNE 2011 242035 5/31/11 120.00 GOO RETIREE HEALTH BENEFITS/JUNE 2011 242036 5/31/11 165.00 GRAINGER MOP 65179 PLUMBING MATERIAL 242037 5/31/11 1,121.41 GRANICUS INC WEBCAST/LIVECAST MANAGED 242038 5/31/11 1,477.35 HANSON RETIREE HEALTH BENEFITS/JUNE 2011 242039 5/31/11 135.00 HEALTH NET HEALTH -FULL NETWORK 57135A 06/2011 242040 5/31/11 6,764.73 HEALTH NET HEALTH NET - R1192F - JUNE 2011 242041 5/31/11 3,152.35 HEALTH NET HEALTH NET 57135F JUNE 2011 242042 5/31/11 1,304.42 HOLLIS RETIREE HEALTH BENEFITS/JUNE 2011 242043 5/31/11 185.00 HOLLOWAY RETIREE HEALTH BENEFITS/JUNE 2011 242044 5/31/11 150.00 INTERNATIONAL CODE COUNCIL ICC MEMBERSHIP FOR BLDG OFFICIALS 242045 5/31/11 225.00 INTERNATIONAL CODE COUNCIL 10 CA BUILDING TAB LOOSE / FIRE 242046 5/31/11 89.02 JAMES RETIREE HEALTH BENEFITS/JUNE 2011 242047 5/31/11 140.00 JUNIEL RETIREE HEALTH BENEFITS/JUNE 2011 242048 5/31/11 50.00 KAISER FOUNDATION HEALTH PLANS INS ACTIVE - JUNE 2011 242049 5/31/11 160,809.14 KAISER FOUNDATION HEALTH PLANS RETIREES INS GRP 104220-01 - MAY 2011 242050 5/31/11 24,289.27 KAISER FOUNDATION HEALTH PLANS RET INS - JUNE 2011 GRP #104220-03 242051 5/31/11 9,344.7 KIMBLE RETIREE HEALTH BENEFITS/JUNE 2011 242052 5/31/11 300.0 LANDA RETIREE HEALTH BENEFITS/JUNE 2011 242053 5/31/11 155.00 LASER SAVER INC MOP# 45725. INK CARTRIDGES / CSD 242054 5/31/11 311.47 LEON COATS JR NC400902002 - VIOLATION DISMISSED 242055 5/31/11 330.00 MASON'S SAW & MOP 45729 SMALL TOOLS 242056 5/31/11 75.49 MATIENZO RETIREE HEALTH BENEFITS/JUNE 2011 242057 5/31/11 100A0 MCCABE RETIREE HEALTH BENEFITS/JUNE 2011 242058 5/31/11 280.00 MCDOUGAL LOVE ECKIS SVCS RENDERED THROUGH 04/30/11 242059 5/31/11 1,785.00 MEDINA RETIREE HEALTH BENEFITS/JUNE 2011 242060 5/31/11 105.00 MIKE ALBERT LTD LSR NC210107034- OVERPAYMENT REIMB 242061 5/31/11 60.00 MJC CONSTRUCTION ADA ACCESS UPGRADES & PARK GARDEN 242062 5/31/11 46,595.60 MORA REIMB-TRAVEL, STRIKE TEAM LEADER 242063 5/31/11 267.32 MURRAY RETIREE HEALTH BENEFITS/JUNE 2011 242064 5/31/11 150.00 MYERS RETIREE HEALTH BENEFITS/JUNE 2011 242065 5/31/11 140.00 NAPA AUTO PARTS MOP 45735 AUTO PARTS 242066 5/31/11 158.64 NGUYEN REIMB - INTRODUCTION TO CORRECTIONS 242067 5/31/11 1,380.00 NORTHROP GRUMMAN CORPORATION COMMPAND SCAN CENTER LICENSE/PD 242068 5/31/11 14,016.00 NOSAL WILLIAM A RETIREMENT SETTLEMENT/JUNE 2011 242069 5/31/11 1,098.64 OCHOA RETIREE HEALTH BENEFITS/JUNE 2011 242070 5/31/11 125.00 PARKHOUSE TIRE 12R22.5 H BST R250F TIRE / PW 242071 5/31/11 1,372.55 PAUU RETIREE HEALTH BENEFITS/JUNE 2011 242072 5/31/11 340.00 PERRY FORD SPARK PLUGS FOAGSF-2 / PW 242073 5/31/11 1,199.88 POST RETIREE HEALTH BENEFITS/JUNE 2011 242074 5/31/11 280.00 POTTER RETIREE HEALTH BENEFITS/JUNE 2011 242075 5/31/11 150.1 PRO BUILD MOP 45707 SHOP SUPPLIES 242076 5/31/11 783• PROJECT DESIGN CONSULTANTS NC GENERAL PLAN UPDATE-APRIL 2011 242077 5/31/11 49,769.24 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICE 242078 5/31/11 219.94 RAY RETIREE HEALTH BENEFITS/JUNE 2011 242079 5/31/11 190.00 RELIANCE STANDARD VTL JUNE 2011 242080 5/31/11 2,446.45 PAYEE RIVERSIDE COUNTY SHERIFF DEPT ROARK ROBOTRONICS ROE RUIZ S D COUNTY SHERIFFS DEPT SDG&E SHORT SMART & FINIAL SMART SOURCE OF CA LLC STAPLES ADVANTAGE STRASEN SUPERIOR READY MIX SYSCO SAN DIEGO TARULLI TIRE SAN DIEGO INC THE BANK OF NEW YORK THE LINCOLN NATIONAL LIFE INS E SOHAGI LAW GROUP PLC E STAR NEWS TOPECO PRODUCTS TRIVIZ T-SHIRT WHOLESALE MART U S BANK UNITED ROTARY BRUSH CORP URIAS VALLEY INDUSTRIAL SPECIALTIES WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZIETLOW SECTION 8 HAPS PAYMENTS PAYROLL Pay period 11 Special Payroll Start Date 5/3/2011 WARRANT REGISTER # 48 5/31/2011 DESCRIPTION TUITION - O. RAMIREZ RETIREE HEALTH BENEFITS/JUNE 2011 MCGRUFF THE CRIME DOG COSTUME/PD RETIREE HEALTH BENEFITS/JUNE 2011 RETIREE HEALTH BENEFITS/JUNE 2011 CAL -ID PROGRAM COSTS/JAN-JUN 2011 FACILITIES GAS & ELECTRIC RETIREE HEALTH BENEFITS/JUNE 2011 MOP# 45756. SUPPLIES / COMM SVCS MOP# 63845. ANIMAL CONTROL FRM/PD MOP# 45704. OFFICE SUPPLIES / PD RETIREE HEALTH BENEFITS/JUNE 2011 ASPHALT CONSUMABLES / NUTRITION CENTER MOP 47940 TIRES ADMIN FEES - 1998 TAB LIFE & AD&D, STD, LTD - JUNE 2011 LEGAL SERVICES / GEN PLAN UPDATE AD FOR TOWING CONTRACT MOP 63849 AUTO PARTS RETIREE HEALTH BENEFITS/JUNE 2011 74 SOCCER LEAGUE T-SHIRTS / CSD CREDIT CARD EXPENSES / MIS SWEEPER REPAIRS RETIREE HEALTH BENEFITS/JUNE 2011 MOP 46453 PLUMBING MATERIAL JANITORIAL SUPPLIES MOP 63850 AUTO PARTS MOP 45763 AUTO PARTS RETIREE HEALTH BENEFITS/JUNE 2011 Start Date 5/25/2011 End Date 5/16/2011 End Date 5/31/2011 Check Date 5/25/2011 5/25/2011 3/3 CHK NO DATE AMOUNT 242081 5/31/11 143.00 242082 5/31/11 135.00 242083 5/31/11 2,191.60 242084 5/31/11 120.00 242085 5/31/11 310.00 242086 5/31/11 8,464.00 242087 5/31/11 16,825.40 242088 5/31/11 300.00 242089 5/31/11 185.27 242090 5/31/11 300.61 242091 5/31/11 1,149.69 242092 5/31/11 135.00 242093 5/31/11 348.00 242094 5/31/11 2,386.85 242095 5/31/11 537.62 242096 5/31/11 1,590.00 242097 5/31/11 8,237.23 242098 5/31/11 11,165.00 242099 5/31/11 61.50 242100 5/31/11 72:95 242101 5/31/11 135.00 242102 5/31/11 469.09 242103 5/31/11 750.97 242104 5/31/11 376.82 242105 5/31/11 125.00 242106 5/31/11 1,109.53 242107 5/31/11 1,807.58 242108 5/31/11 680.09 242109 5/31/11 15.01 242110 5/31/11 150.00 A/P Total 1,740,926.99 8,552.66 969,732.35 409.55 GRAND TOTAL $ 2,719,621.55 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE U CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NA'IIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT TIIE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND I HE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 5th OF JULY, 2011. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5th, 2011 IIIPEM TITLE: Warrant Register #49 for the period of 06/01/11 through 06/07/11 in the amount of $1,170,122.56 AGENDA ITEM NO. 17 PREPARED BY: IK. Apalateguq DEPARTMENT: Finance PHONE: 619-336-43311 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/01/11 through 06/07/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Health Net 242153 64,272.04 Health Insurance R1192A June 2011 Public Emp Retirement 242167 253,925.94 Service Period 5-11-5 FINANCIAL STATEMENT: ACCOUNT NO. IN/AI ENVIRONMENTAL REVIEW: N/P ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: J Finance APPROVED: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,170,122.56 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ("rant Register #49 PAYEE SMART & FINAL CASA DE MEXICO BIRRIAS CHRISTENSEN & SPATH LLP E2 MANAGE TECH INC OPPER & VARCO PRO BUILD PRUDENTIAL OVERALL SUPPLY RADIATION DETECTION COMPANY SAN DIEGO CLIPPING SERVICE SAN DIEGO TROLLEY INC SDG&E VISTA PAINT ACE UNIFORMS & ACCESSORIES INC ADAMSON POLICE PRODUCTS ADDICTION MEDICINE AFLAC ^'\NC OF AMERICA PUBLIC & SUISSE INC KE WILLIAMS & SORENSEN LLP CHRISTINE VALLE CINTAS DOCUMENT MANAGEMENT COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CLERK COUNTY OF SAN DIEGO CLERK COX COMMUNICATIONS DELTA CARE USA DELTA CARE USA DELTA DENTAL PLAN OF CA DELTA DENTAL PLAN OF CA DEPT. OF INDUSTRIAL RELATIONS DISCOUNT SCHOOL SUPPLY DOUCETTE ELECTRO-OPTICAL INSTRUMENTS CO EMBASSY STES ARCADIA PASADENA FIRE SERVICE SPECIF. & SUPPLY GALINDO ROJAS GROSSMAN PSYCHOLOGICAL HAMILTON MEATS & PROVISIONS HAWTHORNE MACHINERY HDL COREN & CONE TH NET TH NET JOBS AVAILABLE INC JOSSE KAISER FOUNDATION HEALTH PLANS WARRANT REGISTER # 49 6/7/2011 DESCRIPTION MOP 45756 RECREATION SUPPLIES LUNCH/FIRE CAPT ASSESSMENT PANEL ECONOMIC DEVELOPMENT LOAN LEGAL SERVICES/1ST HOME BUYER ENVIRONMENTAL CONS SVCS-8/27/10 WESTSIDE INFILL TOD (WITOD) MOP# 45707. PAINTING SUPPLIES/NSD MOP 45742 UNIFORMS - NSD HOUSING INSPECTION SUPPLIES NEWS READING/CLIPPING SERVICE FLAGGING SVCS 08/26/10 GAS AND ELECTRIC UTILITIES / CDC MOP 68834 SPRAY PARTS UNIFORMS / NSD BODY ARMOR/APEX CARRIER / POLICE MED SVCS - 07/01 - 12/31/2011 AFLAC ACCT BDM36 - MAY 2011 CAT LOADER EUIP LEASE PMT#21 DAIRY DELIVERY / NUTRITION FFA GRIEVANCE 2010-FILE 05569-0001 CONSULTING SERVICES MONTHLY SHREDDING / POLICE OBSERVER SAFETY CLOTHING / PD COUNTY EMT RECERTIFICATIONS/FIRE CEQA/ENVIRONMENTAL IMPACT REPORT CHILLER PROJECT COX CABLE AT TEEN & SENIOR CENTER PMI DENTAL INS - JUNE 2011 PMI COBRA DENTAL INS -APR 2011 DENTAL INS JUNE 2011 COBRA DENTAL INS - APR 2011 INV# P 027143 / INSPECTIONS/CSD ARTS & CRAFT SUPPLIES / NSD 125 PLAN REIMBURSEMENT RECON POWER BOOT MODULE/POLICE RESERVATION: B/C SILVA SERVICE ON RESCUE TOOLS / FIRE 125 PLAN REIMBURSEMENT MEDICAL SERVICES - J. TAYLOR MEAT DELIVERY! NUTRITION CENTER AUTOMOTIVE SUPPLIES /PW CONTRACT SVCS APRIL-JUNE 2011 HEALTH INS R1192A - JUNE 2011 HEALTH INS 57135J - JUNE 2011 ADVERSTISING- FINANCIAL SVCS OFFICER 125 PLAN REIMBURSEMENT RETIREES INS-JUNE 2011 GRP#104220-01 1/2 CHK NO DATE AMOUNT 242111 6/2/11 201.54 242112 6/7/11 65.29 242113 6/7/11 357.00 242114 6/7/11 50.00 242115 6/7/11 9,730.04 242116 6/7/11 1,180.00 242117 6/7/11 57.97 242118 6/7/11 40.84 242119 6/7/11 161.40 242120 6/7/11 88.50 242121 6/7/11 37.25 242122 6/7/11 32.07 242123 6/7/11 1,052.17 242124 6/7/11 229.41 242125 6/7/11 1,532.11 242126 6/7/11 770.00 242127 6/7/11 1,452.44 242128 6/7/11 3,077.02 242129 6/7/11 753.59 242130 6/7/11 2,062.50 242131 6/7/11 6,000.00 242132 6/7/11 72.95 242133 6/7/11 24.00 242134 6/7/11 1,296.00 242135 6/7/11 2,839.25 242136 6/7/11 50.00 242137 6/7/11 79.76 242138 6R/11 3,021.12 242139 6R/11 87.32 242140 6/7/11 12,965.17 242141 6/7/11 529.17 242142 6/7/11 755.00 242143 6/7/11 583.19 242144 6R/11 914.75 242145 6/7/11 207.15 242146 6/7/11 406.08 242147 6R/11 1,718.53 242148 6R/11 250.00 242149 6/7/11 750.00 242150 6/7/11 1,009.47 242151 6/7/11 127.91 242152 6/7/11 2,400.00 242153 6/7/11 64,272.04 242154 6/7/11 1,284.78 242155 6/7/11 227.50 242156 6R/11 192.30 242157 6/7/11 24,083.91 PAYEE KAISER FOUNDATION HEALTH PLANS L&L PRINTERS MARCOS SALAS MEG SCHOFIELD NAVARRO NINYO & MOORE ORIENTAL TRADING CO INC OSI BATTERIES INC. PROGRESSIVE ELECTRONICS PUBLIC EMP RETIREMENT SYSTEM RODRIGUEZ S D COUNTY SHERIFF'S DEPT SAN DIEGO SPORTS MEDICINE SKS INC. SMART SOURCE OF CA LLC SOS PRODUCTS.COM STAPLES ADVANTAGE STEPHANIE CRAWLEY SYSCO SAN DIEGO TELLEZ U S BANK U S BANK U S BANK V & V MANUFACTURING VERIZON WIRELESS WADE & ASSOCIATES WILLY'S ELECTRONIC SUPPLY YOUNG ZUMAR INDUSTRIES WIRED PAYMENTS TRISTAR RISK MANAGEMENT SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 49 6/7/2011 DESCRIPTION AUSTIN, LESLEY PRINTING & BINDING REIMB-TUP PROCESS FEE DVD SETS/TUTORING TECHNIQUES REFUND/DIRECT DEPOSIT RETURNED MATERIALS TESTING ST RESURFACING ARTS & CRAFT SUPPLIES / CSD CLI-SNN5762. MOTOROLA V325 / PD UNDERCOVER PACKAGE / PD SERVICE PERIOD 5-11-5 125 PLAN REIMBURSEMENT SHERIFFS RANGE USE 4/26/11 WELLNESS EXAMS / FIRE PERSONNEL VAL MAXLIFE ATF BULK W3240 OIL REQUISITION FORMS CERT BASIC KIT / FIRE MOP 45704 OFFICE SUPPLIES-PD LIABILITY CLAIM COSTS CONSUMABLES / NUTRITION CENTER 125 PLAN REIMBURSEMENT CREDIT CARD EXP - PD CREDIT CARD EXP - COMM SVCS CREDIT CARD EXP - COMM SVCS LAPEL PIN / NATIONAL CITY POLICE SERVICES FOR 04/22 - 05/21/11 PM SOCCER FIELD MOP 45763 PATCH CORD, 4" WIRE ETC EDUCATIONAL REIMB SPECIAL 2418 FPEG STREET SIGNS PREFUND JOSEPH RADER Start Date 6/1/2011 End Date 6/7/2011 2/2 CHK NO DATE AMOUNT 242158 6/7/11 5,220.26 242159 6/7/11 587.82 242160 6/7/11 237.00 242161 6/7/11 248.00 242162 6/7/11 412.27 242163 6/7/11 4,312.00 242164 6/7/11 92.91 242165 6/7/11 83.53 242166 6/7/11 2,388.83 242167 6/7/11 253,925.94 242168 6/7/11 942.89 242169 6/7/11 600.00 242170 6/7/11 2,418.00 242171 6/7/11 840.13 242172 6/7/11 217.31 242173 6/7/11 302.09 242174 6/7/11 1,477.44 242175 6/7/11 500.00 242176 6/7/11 1,627` 242177 6/7/11 732.b 242178 6/7/11 1,850.64 242179 6/7/11 761.58 242180 6/7/11 261.89 242181 6/7/11 601.19 242182 6/7/11 64.30 242183. 6/7/11 1,942.80 242184 6/7/11 76.27 242185 6/7/11 1,200.00 242186 6/7/11 470.37 A/P Total 433,474.22 34671247 6/7/11 50,993.90 685,654.44 GRAND TOTAL $ 1,170,122.56 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTIIER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 5'1' OF JULY, 2011. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5th, 2011 AGENDA ITEM NO. 1_8 M TITLE: Warrant Register #50 for the period of 06/08/11 through 06/14/11 in the amount of $1,360,070.56 PREPARED BY: K. Apalategui DEPARTMENT: Finance PHONE: 019-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/08/11 through 06/14/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation ESGIL 242255 58,955.58 Plan Checking Services Planning Dept FINANCIAL STATEMENT: APPROVED: d ACCOUNT NO. APPROVED: ;NO ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: ,Ratification of warrants in the amount of $1,360,070.56 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rant Register #50 PAYEE AMAZON BAKER & TAYLOR BRODART CITY OF NATIONAL CITY DICK BLICKART MATERIALS DILEO DISCOUNT SCHOOL SUPPLY EBSCO ACCTS RECEIVABLE FRIENDS OF THE READ/SAN DIEGO HANSEN LIBRARY SALES INSTITUTE FOR MULTI SENSORY LAKESHORE LEARNING MATERIALS MATH TUTOR EDUCATIONAL MERIT SOFTWARE MIDWEST TAPE NATIONAL ELEM SCHOOL DISTRICT PAPER MOON MUSIC "'LITERACY AMERICA 0 INDUSTRIES ittsIDYNIX 774271 SMART & FINAL SMILE MAKERS SPRINT STAPLES ADVANTAGE THE WARE GROUP U S POSTMASTER XEROX CORPORATION BEST BEST & KRIEGER LLP CHRISTENSEN & SPATH LLP DTSC E2 MANAGE TECH INC EDCO DISPOSAL CORPORATION EQUIFAX INFORMATION SVCS POWER PLUS PRO BUILD PRUDENTIAL OVERALL SUPPLY TIERRA WEST ADVISORS INC ABCANA INDUSTRIES ADAMSON POLICE PRODUCTS AFLAC AGUSTIN RUIZ AI L FRESH PRODUCTS RDA HUGGINS GASPRO PLUS ASBURY ENVIRONMENTAL SVCS AT&T/MCI BEST BEST & KRIEGER LLP WARRANT REGISTER # 50 6/14/2011 DESCRIPTION CIO # 04/20/11 SUPPLIES FOR LITERACY CHILDREN'S BOOKS ADULT GIVEAWAY BOOKS OUT OF STATE SALES TAX ON BPO #74119. CRAFT SUPPLIES FOR FAMILIES FOR MATERIALS FOR THE LITERACY PROGRAM CRAFT SUPPLIES FOR FAMILIES FOR ON-LINE SUBSCRIPTIONS TUTOR CONFERENCE ON JUNE 11, 2011 CHILDREN'S BOOKS BOOKS FOR THE LITERACY COLLECTION MATERIALS FOR TUTORS AND LEARNERS MATH TUTOR SOFTWARE SERIES LITERACY SOFTWARE/GRAMMAR FITNESS DVD'S FOR THE COLLECTION PRINTING FOR READING IS FUNDAMENTAL PERFORMER/LEARNER LIT PROGRAM U.S. CONFERENCE/ADULT LITERACY CAB-USB CABLE LIBRARY'S AUTOMATION MAINTENANCE FFL CRAFT SUPPLIES & SNACKS PHONICS DOMINOES BLENDS FOR LIT VIDEO CONFERENCING MOP 45704 - SUPPLIES ONLINE HOSTING AND SUPPORT POSTAGE FOR OVERDUE NOTICES BASE CHARGES & OVERAGES LEGAL SERVICES AGREEMENT AGREEMENT / LEGAL SVCS REIMB COSTS DEPT OF TOXIC SUBS ENVIRONMENTAL CONSULTING WASTE DISPOSAL FOR CDC SEC 8 SVCS EQUIPMENT RENTAL / REDEV MOP# 45707. PAINTING SUPPLIES/NSD MOP# 45742. LAUNDRY SERVICES/NSD PROFESSIONAL SERVICES / MAY POOL CHEMICALS MULTI -FLASH REFLECTOR / PW ACCOUNT BDM36 JUNE 2011 LAIABILITY CLAIM COSTS FOOD FOR NUTRITION CENTER LIABILITY CLAIM COSTS FUEL FOR CITY FLEET 50/50 HEAVY DUTY ANTIFREEZE TELECOMMUNICATIONS SERVICE / NC PERSONNEL ISSUES / MAY 31, 2011 1/3 CHK NO DATE AMOUNT 242189 6/14/11 6,295.18 242190 6/14/11 710.72 242191 6/14/11 44.29 242192 6/14/11 587.17 242193 6/14/11 343.04 242194 6/14/11 61.32 242195 6/14/11 94.61 242196 6/14/11 16,899.00 242197 6/14/11 300.00 242198 6/14/11 370.66 242199 6/14/11 56.93 242200 6/14/11 99.48 242201 6/14/11 324.45 242202 6/14/11 556.50 242203 6/14/11 3,061.83 242204 6/14/11 120.58 242205 6/14/11 280.00 242206 6/14/11 407.00 242207 6/14/11 597.40 242208 6/14/11 14,309.68 242209 6/14/11 33.64 242210 6/14/11 59.19 242211 6/14/11 22.65 242212 6/14/11 120.42 242213 6/14/11 594.00 242214 6/14/11 308.00 242215 6/14/11 534.42 242216 6/14/11 321.00 242217 6/14/11 5,237.97 242218 6/14/11 124.11 242219 6/14/11 900.00 242220 6/14/11 104.75 242221 6/14/11 50.33 242222 6/14/11 195.00 242223 6/14/11 437.32 242224 6/14/11 15.99 242225 6/14/11 6,858.75 242226 6/14/11 808.31 242227 6/14/11 296.08 242228 6/14/11 1,452.44 242229 6/14/11 828.83 242230 6/14/11 6,701.66 242231 6/14/11 562.65 242232 6/14/11 42,497.93 242233 6/14/11 172.03 242234 6/14/11 357.32 242235 6/14/11 135.15 PAYEE BONSUISSE INC BRENNTAG PACIFIC INC BUREAU VERITAS NORTH AMERICA CALIFORNIA HIGHWAY ADOPTION CO CALIFORNIA POLICE CHIEFS CALPELRA CHEVRON & TEXACO CITY OF CHULA VISTA CITY OF SAN DIEGO CLAIMS MANAGEMENT ASSOCIATES CLEAN HARBORS COMMERCIAL AQUATIC SERVICES COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COURTESY REFRIGERATION COX COMMUNICATIONS DELTA CARE USA D-MAX ENGINEERING DTSC ESGIL CORPORATION ESGIL CORPORATION EXPERIAN FEDEX HAMILTON MEATS & PROVISIONS HOME DEPOT CREDIT SVCS HONEYWELL INTERNATIONAL INC INDEPENDENT FORENSIC SERVICES INTERNATIONAL CODE COUNCIL IRON MOUNTAIN JALOS FOOD ENTERPRISES INC KIMLEY HORN AND ASSOCIATES INC L C ACTION LADCO LAW OFFICES OF DON DETISCH LEXIS-NEXIS LOPEZ MAN K-9 INC. MAYER REPROGRAPHICS METRO FIRE & SAFETY MINER MINUTEMAN PRESS MR. COPY / FAX CITY NATIONAL CITY AUTO TRIM ORKIN PEST CONTROL PACIFIC AUTO REPAIR PEPPERBALLTECHNOLOGIES, INC. PRO -EDGE KNIFE WARRANT REGISTER # 50 6/14/2011 DESCRIPTION MILK AND DAIRY DELIVERY POOL CHEMICALS PROFESSIONAL SVCS 4/1 TO 5/31/2011 PARADISE CREEK LITTER REMOVAL MEMBERSHIP-GONZALES REGISTRATION FEE -ANNUAL TRAINING MOP 45699 FUEL PD & FIRE RECRUITMENT TESTING SVCS ENTERPRISE ZONE ADMIN SVCS FY11 CONSULTANT SVCS / LIABILITY & RISK HAZARDOUS WASTE PICKUP POOL EMERGENCY REPAIRS PC REV- GC76000-761000 /APR 2011 REGIONAL COMMUNICATIONS MAINT T-STAT TO REPAIR REFRIGERATOR COX HIGH SPEED 60MB DATA CIRCUIT PM' COBRA DENTAL INS - MAY 2011 STORM WATER SERVICES, MAY 1-28, 2011 EPA FEES: EPA #CAL000265249 PLAN CHECKING SVCS/ PLANNING CITY HALL WATER FACILITY CREDIT CHECKS / NEW PD EMPLOYEES SPECIAL MAIL HANDLING-HR MEAT DELIVERY FOR NUTRITION ROEBELLINI HVAC WORK SART EXAMS FOR FY 2011 ICC BOOK RECORDS MANAGEMENT/DOC STORAGE RELEASE OF DEPOSIT-VALLARTA SUPER CITY WIDE SPEED SURVEYS J PD SUPPLIES / PD DEPARTMENT LIABILITY CLAIM COSTS 15537/ 15538/ 15539/ 15 540/ 15 541 INVOICES LEXIS-NEXIS ONLINE LEGAL RESEARCH TRANSLATION SERVICES FY 10/11 WEEKLY MAINT TRAINING / K-9 MATTE BLACK INK / ENG INSPECTION CHEMICAL EXTINGUISHER TRAVEL REIMB-STRIKE TEAM LEADER MOP 74691 PAPERWORK XEROX 36 X 500 NOTETAPED ROLLS R&M CITY VEHICLES BUILDINGS PEST MAINTENANCE SMOG CERTIFICATION/REPAIRS ARMORER CERTIFICATION -CALIXTO KNIFE SHARPENING SERVICES 2/3 CHK NO DATE AMOUNT 242236 6/14/11 672.80 242237 6/14/11 739.84 242238 6/14/11 875.00 242239 6/14/11 864.00 242240 6/14/11 1,600.00 242241 6/14/11 885.00 242242 6/14/11 238.71 242243 6/14/11 7,109.17 242244 6/14/11 24,250.00 242245 6/14/11 4,965.00 242246 6/14/11 1,062.84 242247 6/14/11 2,302.27 242248 6/14/11 16,900.17 242249 6/14/11 9,063.00 242250 6/14/11 187.81 242251 6/14/11 29.15 242252 6/14/11 87.32 242253 6/14/11 13,540.0( 242254 6/14/11 200.E 242255 6/14/11 58,955.58 242256 6/14/11 420.00 242257 6/14/11 27.00 242258 6/14/11 22.23 242259 6/14/11 1,509.40 242260 6/14/11 127.42 242261 6/14/11 5,021.40 242262 6/14/11 2,978.60 242263 6/14/11 358.15 242264 6/14/11 131.00 242265 6/14/11 35,993.75 242266 6/14/11 11,074.79 242267 6/14/11 7,878.06 242268 6/14/11 115.00 242269 6/14/11 12,988.23 242270 6/14/11 427.38 242271 6/14/11 420.00 242272 6/14/11 800.00 242273 6/14/11 428.04 242274 6/14/11 150.45 242275 6/14/11 179.54 242276 6/14/11 122.24 242277 6/14/11 235.5r' 242278 6/14/11 297. 242279 6/14/11 373.3s- 242280 6/14/11 544.33 242281 6/14/11 395.00 242282 6/14/11 46.00 PAYEE PROGRESSIVE ELECTRONICS R J SAFETY SUPPLY RAY ALLEN MFG INC RBF CONSULTING RED WING SHOES REGIONAL TRAINING CENTER RODRIGUEZ RUSS' BEE REMOVAL SAM'S ALIGNMENT SERVICE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET & LAB SUPPLY SDCTOA SDG&E SMART & FINAL SOUTH BAY COMMUNITY SERVICES SOUTH COAST EMERGENCY UTHWEST SIGNAL SERVICE MMIT SUPPLY SWANK MOTION PICTURES, INC. SWEETWATER AUTHORITY SYSCO SAN DIEGO THE FILIPINO PRESS THOMAS HERMAN CONSULTING UNDERGROUND SERVICE ALERT UNDERWRITERS LABORATORIES, INC UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP VERIZON WIRELESS SECTION 8 HAPS PAYMENTS PAYROLL Pay period 12 Start Date 5/17/2011 WARRANT REGISTER # 50 6/14/2011 DESCRIPTION MAGNUM DEPTH TRUCK VAULT/PD SWEATSHIRT W/HOOD & ZIPPER SZ LRG SHEPHARD HEAD DECAL / PD PROFESSIONAL SERVICES, 4-2 TO 4-30 SAFETY BOOTS (R. HUERTA - EQUIPMENT) TUITION:CHILD ABUSE & ASSAULT-STANICH REIMB-POWER STATION BATTERIES BEE REMOVAL WHEEL ALIGNMENT CITY VEHICLES TUITION -DRIVING UNDER THE INFLUENCE COMPUTER AIDED TRAFFIC COLLISION MOP# 45753. DOG FOOD / POLICE REGISTRATION/BATTALION CHIEFS -FIRE FACILITIES GAS & ELECTRIC MOP# 45756. SUPPLIES / POLICE JAN-MAR 2011 SVS SUBCONTRACT 3 POINT SEAT BELT PIE-1771495-0020 TRAFFIC SIGNAL & STREET LIGHTING PET STATION DISPENSER / PW GREASE MOVIE LICENSE / CSD WASTEWATER WATER BILL FOOD & CONSUMABLES DISPLAY ADVERTISING / FAM DAY CONSULTANT TO PROVICE CONSULTING UNDERGROUND SRVC ALERT CHRGS LADDER TESTING: GROUND / FIRE UPS SHIPMENT SWEEPER REPAIRS WIRELESS SERVICE FOR ALL CITY Start Date 6/8/2011 End Date 5/30/2011 End Date 6/14/2011 Check Date 6/8/2011 3/3 CHK NO DATE AMOUNT 242283 6/14/11 4,182.24 242284 6/14/11 476.16 242285 6/14/11 36.95 242286 6/14/11 17,348.35 242287 6/14/11 125.00 242288 6/14/11 324.00 242289 6/14/11 76.64 242290 6/14/11 575.00 242291 6/14/11 80.19 242292 6/14/11 78.00 242293 6/14/11 26.00 242294 6/14/11 206.14 242295 6/14/11 330.00 242296 6/14/11 10,926.26 242297 6/14/11 61.59 242298 6/14/11 , 20,332.00 242299 6/14/11 155.92 242300 6/14/11 16,344.25 242301 6/14/11 480.00 242302 6/14/11 321.00 242303 6/14/11 286.52 242304 6/14/11 4,528.37 242305 6/14/11 500.00 242306 6/14/11 10,000.00 242307 6/14/11 217.50 242308 6/14/11 1,272.50 242309 6/14/11 20.24 242310 6/14/11 1,247.07 242311 6/14/11 228.90 A/P Total 433,628.98 14,681.66 911,759.92 GRAND TOTAL $ 1,360,070.56 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF TIIE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR TIIE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARA I E, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND [IF, CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 5th OF JULY, 2011. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. '19 EM TITLE: Public Hearing — Weed Abatement, Council to hear report findings regarding abated properties Parcel Numbers 5560820700 - 910 Melrose Street and 5571803200 - 844 Palm Avenue held over from meeting of June 21st, 2011; per National City Municipal code 9.12.020 — public nuisance declared — Weeds and other flammable materials. (Fire) PREPARED BY: Robert Hernandez/Fire Marsh DEPARTMENT: Fi PHONE: 336-4552 APPROVED BY: EXPLANATION: In accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to National City Municipal Code, Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council.; FINANCIAL STATEMENT: ACCOUNT NO. 001-12124-3561 ENVIRONMENTAL REVIEW: NIf ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: y c"'""U Finance APPROVED: MIS STAFF RECOMMENDATION: City Council by resolution approves the report and Account as submitted or as modified or corrected by City Council. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )d Charges Special Assessments - Please see Exhibit "A" City of National City Weed Abatement Program 2011/2012 Fixed. Charge Special Assessments Parcel t rrt lttf l.... C ; , . 5;tteAddr - Owner tlyAddress City St Zip 554 112 15 00 $3,340.46 2nd St National City Arregui Family Trust 04-18-94 3140 E 2nd St National City CA 91950 554 170 13 00 $930.24 614 S Harbison Ave National City 91950 Otero Della 614 S Harbison Ave National City CA 91950 556 082 07 00 $862.72 910 Melrose St National City 91950 Ruiz David L 910 Melrose St National City CA 91950 557 180 32 00 $17,604.16 844 Palm Ave National City 91950 Hinton William E 844 Palm Ave National City CA 91950 557 180 37 00 $2,078.20 805 NJ Ave National City 91950 Li Zhiwel 1498 13th St #193 Imperial Beach CA 91932 557 351 17 00 $1,392.36 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 18 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 19 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 20 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557.351 21 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 22 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 23 00 $1,223.32 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 24 00 $1,223.32 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 25 00 $1,223.32 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 558 132 19 00 $1,207.46 2613', E 16th St National City 91950 Wallace Grace R 2613 E 16th St National City CA 91950 Total Parcels: 15 Total Assess: 4 38 892 6 $ , EXHIBIT "A" CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 20 iM TITLE: Public Hearing — Street Vacation vacating of a portion of excess right-of-way on West 30th Street east of Interstate 5 and the railroad right-of-way (Applicant: City of National City)(Case File No. 2011-18 SC). PREPARED BY: Martin Reeder DEPARTMENT: Deve Svcs/Planning. PHONE: 619-336-4313 APPROVE EXPLANATION: The City Council initiated the vacation request on May 17, 2011 to vacate the unimproved portion of right-of-way at the western terminus of West 30th Street. The Planning Commission determined that the vacation is consistent with the General Plan on June 6, 2011. The attached Background Report describes the proposed vacation in more detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The street and alley vacation do not result in any changes in land use. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the Planning Commission determination and recommends approval of the street vacation. BOARD / COMMISSION RECOMMENDATION: The Planning Commission determined the Street Vacation request complies with the General Plan. Vote: Ayes — DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores. ATTACHMENTS: Background Report 3. Location Map Recommended Finding 4. Plans BACKGROUND REPORT The proposed portion of West 30th Street to be vacated is excess right-of-way that is currently unimproved. The land is owned in fee by the City. The vacation is being requested in order for the City to explore potential uses for the property. The area to be vacated is approximately 2,533 square feet in size. The area borders transit right-of-way to the west, private property to the north and southwest, and the terminus of the developed cul-de-sac portion of West 30'h Street to the east. The attached plans show the area to be vacated. if vacated, the excess right-of-way would become a parcel of land that could potentially be developed. The developed portions of 30th Street, including the cul-de-sac, will continue to be usable and would not be impinged upon_ Adopted in January 2006, the City's Street Vacation Procedures require the City Council to initiate a request to vacate any public streets. The Council initiated the street vacation request on May 17, 2011. Pursuant to the Streets and Highways Code, Section 8313 and the Street Vacation Procedures, the Planning Commission must determine whether a proposed vacation is in conformance with the General Plan and forward the recommendation to the City Council. General Plan Conformance The area to be vacated is not developed and has never been used for vehicles or for emergency and safety vehicular access to the area. The area is surrounded on three sides by developed land uses and is outside of the developed street. 30th St. in this location is not identified as an arterial or collector street in the Circulation Element of the General Plan. There are no policies or goals in the current General Plan that the proposed vacation conflicts with_ Potential uses for the property could be income -generating in nature, therefore being consistent with economic development goals intended to stimulate business activity and provide additional employment opportunities. Summary The General Plan does not identify any future street or alley access for the subject area. The Circulation Element does not identify the area as a major road (arterial or collector), and there are no plans to improve the excess right-of-way. The proposed street vacation does not conflict with the policies and goals of the General Plan. i RECOMMENDED FINDING FOR APPROVAL OF THE STREET VACATION Determine that the Street Vacation as described on the attached plans is in compliance with the National City General Plan, since there are no improvements proposed for the area, and since the area has not and would not be used for vehicular or emergency access to the area. W 1 _ , al \ \ \ , \ \ ' \ \ OS -CZ 1` \ \\___1\_-\ ' \, \ 1 1� \ Project Location. — — — Zone Boundary c.� 0 ML-PD w 0 ML St ML-CZ 7\ I I I I Feet 0 75 150 300 f A P N ; nf.a igh.t:-of-way) Planning Commission Location Map 3 2011-18 SC 0.5.. 3! 1 11!. A.P. NO. 559-200-38 T.P.O.B N-1? S41'2\3'25"W(R) 6 A.P. NO. ��, \562-220-33 '-> GRAPHIC SCALE EXHIBIT \' B" A.P. NO. 559-200-34 1Z D=115'38'47"- R` 8 10 20 ( IN FEET ) 1 inch = 20 ft. 24*1 ST VICINITY MAP NO SCALE 40 v vO- S41`'23'25"W 11.58' 7) LEGAL DESCRIPTION PORTIONS OF LOTS 33 & 34 AND A PORTION OF 29TH STREET IN BAHIA VISTA, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1815, FILED IN OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1924 BASIS OF BEARINGS THE BASIS OF BEARING FOR THIS PLAT IS THE EASTERLY RIGHT OF WAY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILROAD ACCORDING TO RECORD OF SURVEY NO. 15781 I.E. N17'43'34"W LEGEND INDICATES AREA TO BE VACATED BY THE CITY OF NATIONAL CITY AREA = 2,533.63 SO. FT f 9:9 T.P.O.B. INDICATES TRUE POINT -2/- OF BEGINNING EXHIBIT A CASE FILE NO. 2011-08 CUP DATE: 2/18/2011 ENGINEERING DEPARTMENT CITY OF NATIONAL CITY =WORM MOO THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION. PRELIMINARY STEVEN A. BLISS PLS 5652 DATE STREET VACATION PORTION OF BOTH STREET 1185TBRLY COL -DE -SAC ADIOINING RAILROAD SEICET I OP 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 21 M TITLE: Public Hearing —Downtown Specific Plan Consistency Review and Conditional Use Permit for the expansion of a gas station convenience store and the sale of alcohol for off -site consumption at 10 Osborn Street. (Applicant Hagman & Associates) (Case File 2011-16 DSP, CUP) NYz PREPARED BY: Martin Reeder PHONE: 336-4313 DEPARTMENT: Devel APPROVED BY: /Planning. EXPLANATION: Planning Commission conducted a public hearing on June 6, 2011, where the Commission voted to find the project consistent with the Downtown Specific Plan and approve the CUP based on required findings and subject to Conditions of Approval. City Council set the item for hearing at their June 20, 2011 meeting. The attached background report describes the proposal in detail. A resolution is included on this agenda as a companion item. The resolution is for approval of beer and wine only, omitting all references to distilled spirits. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15303 (New Construction or Conversion of Small Structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends approval based on the attached findings and conditions of approval. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Flores, Pruitt Nays: DeLaPaz, Farias, Reynolds ATTACHMENTS: Background Report 6. Community Meeting Information Recommended Findings for Approval 7. Site Photos 3. Recommended Conditions 8. Police Dept. & Institute for Public Strategies comments 4. Location Map 9. Applicants Plans 5. Census Tract Map and Police Beat Map BACKGROUND REPORT The subject property is located on the northwest corner of National City Blvd. and Osborne St., in the Medium Commercial (CM) zone_ The parcel has frontage on three streets; Osborn Street, National City Blvd. and Division Street. There is 250 feet of frontage on Osborn Street, 145 feet on National City Blvd and 115 feet on Division Street. The lot is developed with a gas station (Valero), which includes an automotive service bay and a 1,106 square -foot mini mart with restroom, cashier area and storage space. There is an alley behind the property and eleven parking spaces located throughout the property. The subject lot and the car sales lot to the west are separated by a 2-8 foot grade differential. The property is within the Downtown Specific Plan Area. The applicant is proposing to expand the existing mini mart by 820 square feet by converting the adjacent mechanics bay into sales floor area. There is also a 694 square -foot addition proposed for an office, walk-in cooler and storage room. As part of the proposal, the applicant would like to sell beer, wine and distilled spirits for off -site consumption (ABC Type 21 license) between the hours of 6 a.m. and 12 a.m. Plans also include the relocation of a trash enclosure and the re -striping of the parking lot. The project site is within Development Zone #1A of the Downtown Specific Plan Area. This is generally the area bounded by 5th, Roosevelt, 8th and National City Blvd. Preferred land uses in this zone are residential and visitor serving commercial (hotel, motel, restaurants) entertainment uses (theaters, clubs); Tight industrial manufacturing; auto -oriented retail; professional offices or public parking. A gas station is a commercial use that serves all facets of the population; therefore, the use is consistent with the Specific Plan. In addition to being consistent with preferred land uses, new construction (the addition) must meet the Project Development Findings of the Downtown Specific Plan. There are a total of seven such findings, most of which are geared towards ground up projects on vacant or completely redeveloped lots. In this case, with only a small addition to an existing use, only one of these findings can be made. Project Development Finding 1 — Basic Compliance — requires that project comply with the minimum parking requirements and standards of the Specific Plan. Seeing as the proposed addition does not exceed any of these standards (height, setbacks, parking or density), the project is consistent with this finding. Valero has been operating under the current ownership at this location since February 2009. The applicant has indicated that they would like to offer a wider variety of products to their customers, including beer, wine and distilled spirits, in order to add to the viability of the service station. The current hours of operation are 6:00 a.m. to 12:00 a.m. seven days a week. Both the expansion of the mini mart and the sale of alcohol require a Conditional Use Permit (CUP). A gas station may have a sales display area with up to 216 cubic feet of i non -automotive product; however, Chapter 18.98 of the National City Land Use Code (NCLUC) allows for a greater sales area of non -automotive products with an approved CUP. Chapter 18.71 of the Land Use Code allows for alcohol sales with an approved CUP. With the 820 square -foot conversion, the mini mart would be approximately 2,620 square feet in size. Discounting the storage, restroom and office space, the total sales area would be around 1,926 square feet. As mentioned above, the lot currently has eleven parking spaces. There is no specific parking requirement for a gas station; however, most commercial uses require one space for each 250 square feet. In this case, that would be approximately four spaces, which are provided. Trip generation rates provided by the San Diego Association of Governments (SANDAG) for this type of facility (gas station with convenience store and carwash), are based on the number of fuel spaces (155 Average Daily Trips per pump). Since no new gas pumps are proposed and the expansion of the mini mart would not generate an increased number of vehicle trips, no significant increase in the number of daily trips is expected. The mini mart expansion is part of an upgrade of the existing building currently housing an auto repair bay and the existing store and cashier area. The new building design proposes facade improvements consisting of a smooth plaster finish, columns, cornice molding and stone veneer at the base of the building. The changes to the building appearance will have a positive effect on the area, given that it is located at a major intersection. The proposed expansion will allow for the enhancement of an existing tenant by extending their services to include sale of additional convenience goods as well as gasoline sales. This is consistent with General Plan policies that encourage full utilization of commercial sites. The project also meets several other General Plan policies, including the expansion of existing businesses where they are compatible and the private revitalization of older businesses in the City. The site has some landscape areas, consisting mostly of shrubs around the vehicular access points to the property. In order to upgrade the landscaping, a Condition of Approval has been added requiring the applicant to submit a Landscape and Irrigation plan as part of building permit submittal. A Condition has also been added to require the relocated trash enclosure to meet current standards (door and cover). Pursuant to Section 18.71.030, a community meeting was held Saturday, May 28, 2011 at 2:00 p.m. at the Valero station. The applicant states that all property owners and occupants within 660 feet of the store were notified by mail of the meeting. A sign -in sheet and meeting minutes are attached. According to the sign -in sheet, only the business owners were present. Per State Alcoholic Beverage Control (ABC) there are currently five (5) off -sale licenses in this census tract (114.00) where a maximum of three (3) are recommended. 2 Therefore, this census tract is considered by ABC to be over -saturated with regard to off -sale alcohol outlets. The existing locations are as follows: Name Address Distance (mi) Arido Market 1643 Wilson 1.4 Big B Market 1540 Coolidge 1.2 Cozines 402 Civic Ctr 1.1 AM/PM 133 W 8th 0.6 One Ten Liquor and Market 110 National City Blvd < 300 feet Census tract 114.00 encompasses the area from Division to West 18`h Streets and west of National City Blvd. Of the businesses in this census tract, AM/PM and Cozines received discretionary approval from the City. The remaining businesses are considered legal non -conforming — they have no Conditional Use Permit. Alcohol products would be stored in three areas. Distilled spirits are proposed to be located behind the sales counter; large quantity beer products (cases, 30-packs, etc) and red wine would be on shelves in the main sales area, with the remainder (white wine, beer) to be stored in the coolers. In an effort to ensure the responsible placement of alcohol products, a Condition of Approval (No. 15) has been added limiting the sale of products outside the coolers to the rear corner of the store, and also limiting the location of cold alcohol products to the coolers along the west wall. With distilled spirits behind the cashier, this would ensure that all alcohol products would be in view of or under the direct control of the cashier, and also that they would be away from the front entrance. Condition No. 16 requires all coolers containing alcohol products to be locked after alcohol sales hours, should the station be open after current hours in the future. The condition also requires that distilled spirits be kept in a locked cabinet at all times. According to current crime statistics provided by the Police Department (PD), the reporting area (Beat 20) had a 2009 crime rate of 99.7%, below the 120% considered to be a high crime area. The Department has objected to the issuance of a Conditional Use Permit for on -sale alcohol at this location. In their comments, PD states that there are currently 100 alcohol licenses issued in National City, or roughly 11.7 outlets per square mile. There was also objection due to another Type 21 license being located directly across the street (One Ten Liquor and Market) and that no other gas station in the City has been issued a Type 21 license (there is not). Furthermore, it was stated that until the Police Department had the budget to deploy a dedicated unit to regulate these alcohol establishments, policing of additional businesses selling alcohol would be a burden to the Department. The Institute for Public Strategies also provided comment and stated that the census tract in which the project site is located is currently over -saturated with regard to alcohol licenses and that it is close to a residential neighborhood (there are residences 100-150 feet to the east across Osborne Street). IPS recommends, should the permit 3 be approved, that no single -serves be sold, all employees receive Responsible Beverage Service and Sales (RBSS) training, and that distilled spirits not be permitted (a Type 20 — beer and wine only — rather than Type 21). No single -serves and RBSS training are standard conditions for alcohol CUPS and are included with this staff report. Conditions of Approval have been included limiting the hours of alcohol sales as well as standard alcohol permit conditions limiting how alcohol is sold, in what quantities and by whom. These Conditions of Approval controlling the sale of beer and wine will reduce any potential for adverse effects. Additionally, the City has the authority to revoke a Conditional Use Permit if the approved Conditions of Approval are not adhered to. The Planning Commission conducted a public hearing on June 6, 2011. The applicant asked for leniency on three Conditions of Approval. Commissioners commented that a Type 20 ABC license (beer and wine) might be more appropriate and they could not support changing any conditions. The Commission voted to find the project consistent with the Downtown Specific Plan and approve the CUP based on required findings and subject to Conditions of Approval, with a typographical change to Condition No. 16. City Council set this item for hearing at the June 21, 2011 meeting after discussing the proposal. Concerns were raised regarding the need for the sale of distilled spirits and that it might be more appropriate for the outlet to sell beer and wine only. Due to these concerns, recommend Findings and Conditions of Approval are for beer and wine only, omitting all references to distilled spirits, should Council choose to approve this application. If a different option is pursued, a new resolution would need to come back at a later date. 4 RECOMMENDED FINDINGS FOR APPROVAL That the site for the proposed use is adequate in size and shape, since the addition to the existing mini -mart can be adequately constructed on the lot with all required setbacks and parking needs met. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the gas station is existing and the expansion of an existing mini -mart and the addition of alcohol sales 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 mini -mart already exists and is located in a developed commercial area. Also, conditions of approval controlling the sale of alcohol will reduce the potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the service station, an established and allowed use in the applicable commercial zone. That the design enhancement of the property will contribute to the viability of an existing older business and to other local businesses along the National City Blvd. commercial corridor. 6. That the project complies with the maximum height, minimum setback, maximum floor -area -ratio, maximum density (where applicable), minimum build -to -line, and minimum parking requirements and standards of the Specific Plan. 7. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 5 RECOMMENDED CONDITIONS OF APPROVAL General 1. This Conditional Use Permit authorizes the 820 square -foot expansion of a mini -mart and for the sale of beer and wine for off -site consumption at the Valero at 10 Osborn Street. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. 2011-16 DSP, CUP, dated 4/7/2011. 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 Division. 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 Arrpptance 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_ Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Engineering 8. The owner shall remove and replace all sidewalks as marked out in the field. 9. The owner shall remove and replace the existing alley apron located near the southwesterly property corner as marked out in the field. 6 10. The owner shall remove the existing speed hump that was placed in the alley on the westerly side of the property. 11. All monitoring wells existing on site shall be protected in place. Fire 12. Approved fire extinguishers shall be installed to include the new proposed portion of the tenant improvement described as containing 2,382 square feet. Planning 13. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Director prior at building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for hardscape on site, including parking lot striping. The plans shall also show details for the trash enclosure, including a door and cover. The finish of the trash enclosure shall be painted to match the mini -mart building on site. 14. The sale of alcoholic beverages shall be limited to between the hours of 6:00 a.m. and 12:00 a.m. seven days a week. 15. Alcohol products stored outside of the coolers shall be located on the shelving unit farthest from the front doors. 16. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 12:00 a.m. and 6:00 a.m. 17. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 18. No beer and malt beverage products shall be sold of Tess than six-pack quantities per sale. There shall be no sale of single cans or bottles. 19. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 20. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. 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. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 21. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 22. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 23. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 24. 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. 25. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 26. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. Police 27. 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. 8 • nterstate 5 OS CITY OF SAN DIEGO cz) 103 117 (I) 119 119 > a) 123 0 0 IY 125 135 CG-PD 116 128 140 (7) c _ota(r) 0 CM sion -St 3 15 21 27 33 25 Icor CO East 1st St 111 1 1 1 1 1 129 135 L c7i East 2nd St 1 1 1 1 1 1 NMI NMI OW Subiject P-e..root Zone Boundary Kirmatuagi City Boundary IFeet 0 75 150 300 A P 5 5 9-0 0-2 9 Planning Commission Location Map 2011-16 DSP CUP 9 5;. 24 . NATLC\AL 106.02 SAN DIEGO CHULA VISTA CORONADO. Miles ,y R 4.. << t ti r-: t ,. `to r�� `,t s4: m" , S. 4.� 5� ) K 4 J w `'Sqs , r 5 1'd t 4r , �„n „ t yam- m s1,s�1 v t,,- 9 r. ,Copr ?nt Krand, 9508�20 ,Mierosof CorAoration andforrts suppliersA ghts reserved'Portions©$990-30O5Jws1a11Shield 80-ware CorpuraLun All rights reserved', C erlem ill ipping and dirs hon data Cf20O5 NAYTEQ. All rights reserietl.NAVTE'Onane NAVIEQ ON BOARf�jare'lfadeenarks ot: 4AVFSEQ ©2005 Tete Atlas NOdhAmepca'Inc1 Alihohis rrserved-3e 4 sand Vele Alias( North America areGdemarks'nfa eAlfa§inc i toy. `t�"4," }' \l, ,,4 Source: Microsoft Mappoint NCPU CAU, 4/18/07 City of National City Beat 20 11 Date: May 23, 2011 Dear Occupant: We are a neighbor doing business as "Valero" gas station and food mart @ 10 Osborn St. In National City (corner of Osborn St. and National City Blvd). We have recently applied for a Conditional llse Permit to expand our business to include the sale of alcoholic beverages. The City of National City requires that, prior to the commencement of the public hearing for the Conditional Use Permit, a community meeting be held to discuss the community's concerns or questions regarding this request. This is to inform you that we will hold the required community meeting on Saturday May 28 @2:00 pm @ the Valero Station @ 10 Osborn St. Please feel free to attend and take part in the discussion of our proposed expansion. You may contact us @ (619) 954-3864 for further details. 12 National City Valero Community Planning Meting 10 Osborn St, National City, CA 91950 5/28/2011 @ 2:00 pm Name Address Phone# Date Signature 11er4" 2°-14,,.R 2'1 F"N-t3ev-AL 1,ua .5,>. 92/02 (019-b5lk-753a 5-28-iL di. -if:-✓' [DDy e)-cikI-fiO /0 OS60(n-) srNck-huN�Lc,?rygi9s, 6/q.—‘55-38i5 S-d.$-I MINUTES May 28, 2011 The attached letter was mailed out to the local residents of National City Valero located at 10 Osborn St. in National City. On May 28`h 2011 we made National City Valero available to hold a community planning meeting in regards to the expansion and the to allow it to become an alcoholic beverage outlet. The doors we open to the community @ 1:30pm on the afternoon of May 28th. A signup sheet was provided for those that attended. As of 2:30 of this same afternoon no one had shown up or attended. The only people present were: Eddy Brikho (owner), Robert Zakar (Representative). Respectfully, Robert H. Zakar 14 2011-16 DSP, CUP —10 Osborn— Valero — Site Photos Front of existing mini -mart from Osborn Street Rear of mini -mart / location of proposed expansion from alley 15 National City Police Department Memorandum TO: Chief Adolfo Gonzales FROM: Sergeant Graham Young DATE: May 27, 2011 SUBJECT: Conditional Use Permit (CUP-2011-16) for the sale of beer, wine and distilled spirits at Valero Gas Station— 10 Osborne Street, National City. This Conditional Use Permit application is for a Type 21 ABC License at 10 Osborne Street, in National City. The application indicated that the applicant would like to sell beer, wine and distilled spirits. There is no mention of a restricted time period of sale; therefore they would have to comply with State regulations of selling alcohol from the hours of 6:00 a.m. to 2:00 a.m. To the best of my knowledge, there is no other gas station that has a Type 21 ABC license in National City that would allow them to sell "distilled spirits." On May 25, 2011, I conducted a site survey of the proposed location the proximity to other ABC licensed establishments within a quarter mile of the location. I found during this site survey that there is one other Type 21 License located directly across the street — 110 Liquor Store. The location of the gas station next to the on ramp of northbound and southbound Interstate 5 is a concern for drinking and driving once a sale has been made, especially for the request for selling distilled spirits. Currently the City of National City has a total of 100 "On -sale" and "Off -sale" alcohol selling establishments. This equates to 11.7 alcohol selling establishments per square mile within the City_ The Department of Alcohol Beverage Control, (ABC) has only four enforcement personnel to cover regulation enforcement operations in the geographic area south of the Interstate 8, leaving municipal agencies to conduct enforcement of ABC regulations situated in their own jurisdictions. Until the end of the current budget crisis and the Police Department can hire enough officers to facilitate a dedicated unit to police and regulate establishments possessing an ABC license, it makes regulating these ABC Licensed businesses extremely difficult and a burden on regular patrol units. Respectfully Submitted, Sergeant Graham Young National City Police Department 16 South Bay community change project'. A Program of The Institute For Public Strategies Environmental Scan National City Valero 10 Osborn Street National City, CA 91950 Scan Completed: 04/25/2011 scnoois Eoc: 10 Osborn St. National City, C.A 91950 Search P3air3 :.. c', o .y ,A; TAzus Balboa Elerneatarv. School 1844 Saalh ditth metre. Saco Diew. CA ;51SE253-"clot ...... itlEiciatv Charter Schoaf :;.:. :.: - ... 701 tiaticnal City Etor:l,:erd tlationar Ci:v , CA iS94: 336 rt503 'Eya;y'paa> I have l e'n a:ora than happ-y oath the in o emznl. d-mea m:. - CENTRAL SCHOOL 433 E ?ae. t3ataonat Ciy. -^h i619: 33fi-110(+ :. .... "r ca:::nnt *chit until this ;ear IS o•,ea my kids School. ... . SOLO Bugled l,0`7":E?1uriily Setloci 3itir Platunel Cil Gaida•.ard =110_ Flaticn 1 City CA t519.> + ll _211 . . Ce; a Gha ei tl;;rvrior: School !< Abtot FMB<{'. .tl•QpVH Fa_�_: iucai PuhSc 5dsoots - This establishment is applying for a type 21 license (off sale general/package store) which authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. The business is located on the southeast side of Osborn Street (before it turns into National City Blvd to the south) and within 100 feet west of Interstate 5. The area is situated between a large residential community to the east, mixed business district to the south, military installation to the west, and mixed industrial/residential area to the north. Within 50 feet of the business are Shell Gas Station (north), One Ten Liquor and Market (south) which is a type 21 license, a paint and body shop (across/diagonal the street southeast), a residential neighborhood (east). 32nd Street U.S. Naval Station is 1/8th mile west. There is a constant flow of vehicular traffic, including mass transit. Funded by the San Diego County Health and Human Services Agency, Alcohol and Drug Services 303 H Street Suite 390 Chula Vista, CA 91950 Phone: 619.476.9100 Fax: 619.476.9104 www.publicstrategies.org 17 Sauth 'B community change project A Program of The Institute For Public Strategies Census Tract Data for 114.00 (ABC, 2009) 114.00 (Business Address Tract per U.S_ Census 2000) 38.00 (Immediate Adjoining Census Tract: North of tract 114.00) 36.03 (Immediate Adjoining Census Tract: Northeast of tract 114.00) 118.01 (Immediate Adjoining Census Tract: East of tract 114.00) ABC Off - Sale Allowable 3 5 3 3 ABC Off - Sale Actual 5 0 2 2 ABC Off -Sale Difference (Equation is #'of Allowable minus #'. of Actual = rr) -2 +5 +1 +1 The allowable number of alcohol off -sale license for census tract 114 is three (3); however, five (5) off -sale licenses have been issued. The establishment would be the sixth (6) alcohol off -sale license granted for the tract; three (3) more than currently allowed. Pictured Above: 10 Osborn Street, National City, CA 91950 Funded by the San Diego County Health and Human Services Agency, Alcohol and Drug Services 303 H Street Suite 390 Chula Vista, CA 91950 Phone: 619.476.9100 Fax: 619.476.9104 www.publicstrategies.org 18 South Bay community change project A Program of The Institute For Public Strategies The closest residence is 33 Osborn Street, approximately 50 feet from the front of the establishment's property. Integrity Charter School (kindergarten — 8th grade) is half a mile away and the closest school to the establishment. Residential Area: 50 feet east of the establishment. Business: 50 feet south of the establishment. Funded by the San Diego County Health and Human Services Agency, Alcohol and Drug Services 303 H Street Suite 390 Chula Vista, CA 91950 Phone: 619.476.9100 Fax: 619.476.9104 www.publicstrategies.org 19 youth BAY' community change project A Program of The institute For Public Strategies Transportation and Business: Interstate 5 is 100 feet west of establishment. Shell gas station is 50 feet north. Area is busy thorough fare for mass transit, business and personal vehicles traveling between I-5, 32" U.S. Naval Station, industrial area, downtown National City and residential communities. Recommendations: 1. Mandatory RBSS training for store manager and employees. 2. No single serve alcoholic beverages shall be sold. 3. Given the wide availability of liquor stores and distilled spirits available in National City, city may want to consider rejecting CUP for Type 21 license (beer, wine and distilled spirits) but indicate it would consider approving a CUP for a Type 20 license (beer and wine only). Funded by the San Diego County Health and Human Services Agency, Alcohol and Drug Services 303 H Street Suite 390 Chula Vista, CA 91950 Phone 619.476.9100 Fax: 619.476.9104 www.publicstrategies.org 20 44.cm VIIGO I. oA%almnXi 40�n, Of: p,LO T.RO'cACRO466 4118.0 TR04,104114 001,44). 4063440rA. 0.1400 1/144 owmh OGO me00MSl 0.16.6f[Prl LOT 160 Si 16,60 r66, 614605iy616.m6 MOrtid. I e40 Si 11640,a54E4 w.uw6. 266 .{3114, uan: my[ nu w.Ge6,w Tm,.3�xcr. orr�GlacurnmF� 1.6nO5e',6,C 0 - EXISTING SITE PLAN 4161 DIVISION STREET WZ Aga SITE PLAN SHEET INDEX min�rnam nu3 EXH ET ADATEE. NO. 2019-18 DSP CUP DA/1 2011 6V616,VnL6•I.1 u� Core OF WORK rn.:.errucurt uover41 E. :+roX 3o.+ea �.1 ,i.iunroA.m roio� r>e; ry,romoxu I^� v„�i6vee6i nrt enmva me A.Lel.E 3609, CH 4114 ME r,n. tH¢ 107644u6 ro. 4,4 03644fIOx u ere Sr. -I•Onx on rl.r3. 6 • O M ➢SOOT I MG 14 4 6 wrc.TxW Or 661174mc 4.64 6,603164164 4X0r1•0, TR 3133 f W. 4,61.:0,666.1446046641,4463 $6046•1 0117114 S,F,r6X R. 6^5, o6 im [e.cufwr�6xcn4oncx,6TWy Rr.3- 1 co cnxI LSYNY, An t W OLK rllyy��Y. y[Cr_Fat 9xP YGft. NYhtAG/ lY[tW 5-415 wK[Zao �, rar av curoloz I `vcaifln r�\ T'PYfY'M' fElENEE PERM. EXISTING FLOOR PLAN 1 cM4 uz e:uiova eNvrticz.rec+l.e ra> I Ula wM 7t, r/ SZ8 1 IL W AUO WC4 P4t,1YlG •1])aY X1511K6 511 / 55✓ arpr lusnnr 4[cr 20Yr {& OLE f!ELC . Pµ5 FEE r-rrrrrffl rEISIEJE KL'Yv [ [SP!/J4 v«. PROPOSED FLOOR PLAN 0 cn Bei s V A i l O N KEY NOTES C1, IN IEGRAL LOLDRCD C1UCCO-CxP0 SNCCC PNOOVCIS /V� PI.NAMA I0020 (2) IN-'G1AL C0l]RCD SOIDCO ExPO STJ=D0 '20OVC 15 D.I., u.2CMA (;) CJLR,RC^_ STONE \t [2 (a i SPJ_CD CORNC1 THEE IN.EM1 r-[*PO 02 200 PR2000iS - V 225 SOP8Ev1O lm ..s,u ,CAC Lard Cnlnx PANCt nrcu <J ACM PAS_P, ,P0 w.o COLOM1 CJ i PAVAuq 1.0Pr 10 200 V(e NCW SNACLOW:/.S� OVEN DODD, B8+CA �2NECo. S `P, Room STOREFRONT EA: rOer R, CD:EJ 110j uAT-=LaCF SS[L ,O4DON Fool,. AD TO, MIO]¢ED ('i> ZAA WL1.05L0.E 4Eix_ DOOR. (RC IOFY FINISH ELECTRIC>L CLOSE1 0Eln; DOGRS ORD?T 8DOE; Ex2E^IOR u12M DOOR ix'CR'- MCC DE:.CH.nvE 'nu OR MOSAIC riN15n 71 y u J nA 0 1 PIL SECTION A -A .DOK00 sucuR ,. msrm uR:kOtO 9smt scrs Irtg L,GR RN! j «wean 0 wv01 I1 08LORRN! SECTION B-B R051$0Ne ay p)A)T LEGEND P STREET r E S FPFCAPF RCAF. PAWS, Dr CAN DI[GO FRE.A. (AN '1r.,) Edi 55 00 EV W :O Arv.0 AR00J70.EaRF J`N 'CC an [KMUEFN 1 D0r N.i N Per O?•I5 Fr[e ERE[ eWGCAPPCS GFAJILRA ISVN PIRA DRFERFEN iCOS .A spa [}1. l!0 T0_L. FN f=ISnrvc oµu mF1s P1Owlx RHOBELLNII FFDAD DATE 150A MV,II-DUNA TO IMAMS 000IL A:VN1 SNRUBE suln n c4Nvs LANTANNA SELLSMAHA PARMIry0 '.01, S0REEAING s_ CD As: PmoscoaNR mec. , RHAPHIOL5P15 w.ICA l GUSIRu0 TEYn.UM .DM1,105 NONE S.E LN_JF�d1Nill rau,INc lAnuNA CEMMCN RAY( SIDE NON ORANGE mox : D. I10..A RARTAORDE E91. 5 GAL TiA, LEAF DAL, ICOF 5 GA- :71 N In SEL GIN.n♦ IP AhING 0020An'n -n]AN � C'[. 1RLIUNC GAEANIA MINIMUM DISTANCE —0 STREET -P ES TRAFFIC SIGNALS .tS0OP SIGN)-20 lee'. UNDERCDCUN0 UT:VWY LINES - 5 feet LSD, 5RJJVD I: N'., $'RJCTURES DRIVEWAY(ENT0IE5)-ID feet INTERS, no', ( �n le re gc(iG] W,1 l?. of Irva sll ee.e SEI'0R -10 'ccl NITS I. Awl LANDSCAPE AND IRRIGAII JN AREAS SHALL COMPLY DI,l 1ME CITY OF NA'CNAL CITY 'AND DEVELOPMENT CODE LANDSCAPE P.ESULAPCND PBS LAND DEVELOPMENT M ANL, LANDSCAPE STANDARD; TFE COMIALINCTIES PLANNED DISTRICT CROW )CE. AND ALL 0 SKEW CITY AND REGIDVAL STANDAHD5 �. ULCN ALL P(OINRED PL N ING AREAS Sh ALL DE COVERED µ111 JL/'N TC MIN DEPTH D- CF. C%CL C NG S5,ES REFILIRDIS RCRE CTAT. AND L. AS PtANTED MITI G10L DC0 _R Ex0DEED SOLE AREAS An THOUT '+£G:TANOn' SHALL ALSC BE 0U.".5 10 154CIS MIN. DEP, I. ALL GRADEL .DIGIIJRBED OR ERODED AREAS 1M0T AOL 5.01 BE PERMANCN'_Y AWED CR CJ*ERED Br ETRJ,NRES SHALL BE PER,5Av 51L1 RE.'EGETA TES SRO IRRIGATE[ AMP ACCORDANCE 041H 18E SILNDAR05 N THE ,AND OE.EL.]FMEN1 NAVJA- - Nn5CC'. ALL RE DLIREJ LANDSCAPE APE. SMALL 3E 0AIN10INEG Bo ONNER. THE LANDSCAPE AREAS SHALL 8E MAIN'A DM .FREE CF DEBRIS ANC LISTER AND ALL PLANT MAIFRIAL SHAL_ BE MAINTAINED IN A HEALTHY BRCMNG CBNDTI Dv. DISEASED ]R DEAD PLANS MATERIAL SHALT DE 5A115FACTOFILY TREATED DR REPLACED PER THE CCN0)110N5 OF TOE PERM'T S. IRRIGATION: AN AUTOMAT[. ELECTRICALLY CONTROLLED IRRIGATION S*STErn SHALL BE PROV'OEO AS 1REWIRED FOR PROPER IRRIGATION. DESE5OPVE0I, AND MAINTENANCE OF THE'. CEFATION 14 A NE4,,Y, UDEASE-DESISTANCE CONDITION. THE DESIGN OF THE SYSTEM in ALI PPO'.IDE A0E0UATE SJPADRI FCR THE YE:E'ATON SELE':'ED. ALL. -PROPOSED 'eo.GJ0:IN CYSIFMS WILL AN AP I OLF) RAIN SE0`OR SHUTOFF DC. LE. AN IRRIGATION _-PR, DEVISED WILL BE USED ADO BUBBLER B-TREE ROOT BARRIERS SHAL BE INSTALLED w0ERE DGEES ARE PLACED WITH, Sleet OF PUBLIC IMPROVEMENT.-'NCIL'DIDG WALKS. CURBS OR STREET PAVEMENTS CR w0EFE NEw ?UBIJC IMPROVEMENTS ARE FL,. ADJAGEHT 10 DAISTING TREES. hiE ROOT BARRIER LSIT5 DOT WRAP ARGENT: -HE P001 FALL. 1. AL. ROOF DRAIN DISCHARGE ARC P PC. PTSD ONE rvAL-M (CV. LF A5/7. TEA LIy FiM4 WGNYJ.fw. 9A1 NWIY.0 00010 _ CONCEPTUAL LANDSCAPING PLAN DIVISION STREET N J u Tn L-1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 22 M TITLE: Ordinance of the City Council of the City of National City amending Chapter 10.52 of the National City Municipal Code pertaining to regulations for the use of municipal parks, playgrounds and golf courses to allow dogs to be off -leash in City designated Dog Parks, and establishing Dog Park regulations PREPARED BY: Claudia G. Silva DEPARTMENT: PHONE: 4222 EXPLANATION: Section 10.52.010 of the Municipal Code is amended to allow dogs off -leash in Cit signated "dog parks". Currently, dogs are prohibited to be "off -leash" in parks. The proposed amendment would maintain the general prohibition, but provide an exception for dogs to be "off leash" in City designated dog parks. Sections 10.52.020 and 10.52.030 are being added to provide regulations for the use of a dog park, and making it a misdemeanor to violate those regulations. APPROVED BY ttorn FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Introduce ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: posed ordinance ORDINANCE NO. 2011 — ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 10.52 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO REGULATIONS FOR THE USE OF MUNICIPAL PARKS, PLAYGROUNDS AND GOLF COURSES TO ALLOW DOGS TO BE OFF -LEASH IN CITY DESIGNATED DOG PARKS, AND ESTABLISHING DOG PARK REGULATIONS BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended by amending Title 10 as follows: Section 1. Chapter 10.52 of the National City Municipal Code is hereby amended in its entirety to read as follows: Chapter 10.52 REGULATIONS FOR THE USE OF MUNICIPAL PARKS, PLAYGROUNDS AND GOLF COURSES Sections: 10.52.010 Prohibited activities. 10.52.020 Dog park regulations. 10.52.030 Enforcement. 10.52.010 Prohibited activities. No person shall engage in any of the following acts within the premises of any city park, playground, golf course, or recreation facility: A. Transport, carry, or discharge any firearm, weapon, air gun, slingshot, or explosive of any kind. B. Use archery equipment, hit golf balls, play baseball, football, soccer, cricket or any other game of ball, in a designated picnic area. C. Bring, ride, allow, or permit any bovine animal, sheep, goat, swine, or horse to enter or occupy the premises. D. Bring or permit any dog, other than a seeing -eye dog, to enter or occupy the premises, unless the same is kept on a leash adequate to control such dog at all times. This prohibition against dogs off -leash does not apply to dogs within a "leash free" area, or City designated "dog park". E. Take, kill or maltreat any bird or animal, either wild or domestic. F. Pick, dig, remove, carry away, or willfully damage or destroy park improvements, soil, plants or trees on the premises. G. Drive or ride a motorcycle, automobile, or any other motorized vehicle on any walkway or turfed area. H. Willfully damage or vandalize any building or structure located upon the premises. I. Except for pedestrians or joggers, enter or occupy the premises between the hours of 9:00 p.m. and 7:00 a.m. without the consent of the city council, the city manager, or their authorized agents. J. Enter or trespass in any area, building or facility which is fenced and locked. K. Drive or operate any motor vehicle in any park in excess of fifteen miles per hour. L. Park any automobile or vehicle in any park at any place other than designated parking areas. Places where parking is permitted shall be designated by appropriate signs. M. Wash, perform maintenance on, or make other than emergency repairs upon any automobile, motorcycle or self -driven vehicle in any park. N. Make a fire in any park other than in stoves, pits or braziers provided by the city. O. Except for charcoal lighter, bring into any park any material which will, if spilled or spread, be injurious to the turf or plant growth. P. Throw or dispose of any bottles, tin cans, broken glass, paper, clothes, cast iron, rubbish, soil, or other debris of any kind, except in approved containers provided by the city. Q. Willfully remove, damage or destroy any athletic equipment provided by the city. Normal wear and tear is acceptable R. Move or remove from one location to another any part or parts of field equipment. S. Open or close any valve pertaining to the water mains or sprinkler system, or to expose or interfere with any gas pipe, hydrant, pitcock, sewer, catch basin, backflow preventer, or other similar device in any park. T. Indulge in indecent or riotous conduct or language, or to otherwise make noises in such a manner as to disturb any picnic, meeting, concert or activity. U. Operate a public address system without prior written permission of the city. This prohibition shall not include the use of small portable radios, as long as such radios are operated at such a volume as not to disturb other persons present in the park. V. Willfully disturb or interfere with any employee of the city acting within the scope of his or her employment, or to disturb or interfere with any spectator or participant in any event or activity conducted in any park, or to enter any park for the purpose of committing any such disturbance or interference. W. Camp or lodge overnight in or upon any park, unless prior written permission is obtained from the city. X. Sell refreshments, foodstuffs or novelties in any park or on any street immediately adjacent thereto without the prior written permission of the city council. Y. Practice, carry on, conduct or solicit for any trade, occupation, business or profession without the written permission of the city council. Z. Play upon any tennis court wearing shoes other than tennis -type shoes. AA. Use any tennis court for tennis tournaments, team practices, or other special events of any kind without the prior written permission of the City. BB. Wade or swim in any pool except when supervised. CC. Use any park facility for which a charge is made without first having paid the fee requested and having received the required permit. DD. Remove any authorized or official sign indicating that any park facility or equipment is reserved. EE. For any male person to use any toilet set apart for women, and for any female person to use any toilet set apart for men' provided, that this prohibition shall not apply to children accompanied by their father, mother or guardian. FF. Climb onto any building or structure not designated for such activity. GG. Tear down, deface or destroy any sign posted pursuant to the above sections. HH. Except in any golf course, possess a lighted or burning tobacco product or tobacco -related product, including but not limited to cigars, cigarettes and pipes; use, including chewing of, tobacco or tobacco -related products; dispose of any lighted or unlighted tobacco or tobacco -related product in any place other than a designated waste disposal container. Ordinance No. 2011- 2 Park, Playground & Golf Course NCMC 10.52 Regulations - Dog Parks 10.52.020 Doq park regulations. Dog owners or person with custody, care charge, control, or possession of a dog shall comply with the following: A. The presence of a dog in a City designated dog park shall constitute implied consent of the person either owning or controlling the dog to the regulations imposed by the City. A dog park means an area within a City park specifically designated by the City as an area for dogs to be "off -leash". B. Dog parks shall be used during day -light hours only. C. Dogs must be keep on a leash going to and from the dog park. D. A person shall not have more than three (3) dogs within a dog park. E. Dog leashes, choke chains, prong collars, and head collars (Haiti, Gentle Leader, etc.) must be removed before dogs run loose in the dog park. F. Dog owners or person with custody, care charge, control, or possession of a dog shall not abandon or otherwise leave any off -leash dog unattended or unsupervised within a dog park G. Dog owners must clean up after their dog(s) using closeable bags and dispose of the waste in a trash receptacle. H. Dogs must be under vocal control and not cause a public nuisance, safety hazard or harass people, other dogs or wildlife. I. Aggressive behavior by a dog(s) is not permitted. Dogs must be removed from the dog park at the first sign of aggression. J. The presence of a dog in a dog park shall constitute a waiver of liability, on behalf of the person either owning or controlling the dog, to the benefit of the City of National City, as well as an agreement and undertaking by the person either owing or controlling the dog to protect, indemnity, defend, and hold harmless the City of National City for any injury or damage caused by the dog. K. In the event of a dog bite that results in injury requiring medical care to a person or another dog, dog owners shall provide to the injured person or owner or custodian of the injured dog, at the time of the injury, his or her full name, correct dog license information, telephone number, mailing address, and driver's license number. L. Dogs must have a current dog license as required by Municipal Code Section 18.12.010, , and have up-to-date vaccinations. A current dog license may serve as proof of compliance. M. Under no circumstances shall a sick dog that has been diagnosed with a contagious disease, or that shows signs of illness be allowed in any dog park. N. Female dogs in estrus (heat cycle) are not allowed within a dog park. O. Food, pet treats and dog food are not allowed inside the dog park. P. Dog owners or person with custody of a dog shall not permit their dog(s) to dig holes. Q. A dog park shall not be used as a children's play -area. No children under the age of 16 are permitted in the dog park unless accompanied by an adult and are closely supervised. 10.52.030 Enforcement. This Chapter may be enforced by any official or officer who is charged by the Municipal Code with code enforcement authority. Violation of any provision of this Chapter shall be punishable as a misdemeanor, and shalt carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. --- Signature Page to Follow --- Ordinance No. 2011- 3 Park, Playground & Golf Course NCMC 10.52 Regulations - Dog Parks PASSED and ADOPTED this day of , 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2011- 4 Park, Playground & Golf Course NCMC 10.52 Regulations - Dog Parks CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 23 'EM TITLE: Resolution of the City of National City Authorizing the Approval of Weed Abatement Public Hearing Findings and rescinding Resolution No: 2011-132. (Fire) PREPARED BY: Robert Hernandez/Fire Ma haI ,ji DEPARTMENT: PHONE: 336-4552 APPROVED BY: EXPLANATION: On June 21, 2011, a public hearing was held as required pursuant to Chapter 1.36.100 of the Municipal Code, wherein the City Council considered the objectives and protests of the owners of parcels by interested parties. This resolution will approve the Report and Account as submitted. The approved costs of the abatements will be liens upon the respective lots or premises. Due to protests regarding the properties identified as APN 5560820700, located at 910 Melrose Street, and APN 5571803200, located at 844 Palm Avenue, which were specified in Exhibit "A" of Resolution 2011-132, adopted on June 21, 2011, that Resolution is being rescinded. There was a continuation and re -hearing on July 5, 2011, regarding the two subject parcels. The proposed resolution incorporates all the parcels subject to weed abatement liens, including the two formerly protested parcels. Pursuant to NCMC Section 1.36.110, a copy of this resolution shall be served on the responsible person, pursuant to the procedures set forth in the NCMC Section 1.36.030, no later than fifteen days after the date of adoption. s important to note that the large amount of rainfall experienced in San Diego County this year resulted in _.Jnificantly higher volumes of inspections and weed abatements. FINANCIAL STATEMENT: ACCOUNT NO. 001-12124-3561 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: inance MIS STAFF RECOMMENDATION: Approve the Weed Abatement Public Hearing Findings and rescind Resolution No: 2011-132. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: solution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WEED ABATEMENT PUBLIC HEARING FINDINGS, CONFIRMING ASSESSMENT OF COSTS OF WEED ABATEMENT, AND RESCINDING RESOLUTION NO. 2011-132 WHEREAS, the Director of Emergency Services filed with the City Clerk an assessment, attached hereto as Exhibit "A", for weed abatement work done under and pursuant to National City Municipal Code Chapter 1.36; and WHEREAS, as required by Ordinance No. 2081, the City Clerk has given notice of the filing of the assessment and of the time for a hearing by the City Council, and an affidavit of posting such notice has been made and is on file in the office of the City Clerk; and WHEREAS, on June 21, 2011, the City Council held a hearing at which the report and account, and all written appeals, protests, or objections, if any, were duly presented, read, and considered, and all persons desiring to be heard thereon were heard, and the City Council gave all persons present an opportunity to be heard in respect to any matter relating to said work, to any act or determination of the Director of Emergency Services, or to any matter relating to said work or the assessment or the proceedings, therefore; and WHEREAS, based on the testimony of interested parties regarding two properties identified as APN 5560820700 and APN 5571803200, the City Council requested additional information regarding these properties, and informed the interested parties they would have an additional opportunity to be heard; and WHEREAS, on July 5, 2011, the City Council held an additional hearing regarding the two properties identified as APN 5560820700 and APN.5571803200, at which the report and account, and all written appeals, protests, or objections, if any, were duly presented, read, and considered, and all persons desiring to be heard thereon were heard, and the City Council gave all persons present an opportunity to be heard in respect to any matter relating to said work, to any act or determination of the Director of Emergency Services, or to any matter relating to said work or the assessment or the proceedings, therefore; and WHEREAS, all such persons desiring to be heard have been heard by the City Council; and WHEREAS, in order to provide clarity and ease of reference of having only one resolution identifying the affected properties when filing the resolution with the County Auditor, Resolution 2011-132, adopted on June 21, 2011, is being rescinded; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby find, resolve, determine, and order as follows: That said hearings have been duly held; that each and every step of the proceedings prior to and including the hearings has been duly and regularly taken; that the City Council is satisfied with the correctness of the assessment, the proceedings and all matters relating thereto, and all protests, objections, or appeals be and the same are hereby overruled and denied, and the City Council does hereby confirm said proceedings and said assessment; that the City Council approve the report and account as submitted; and that the City Clerk is directed to file with the County Auditor of the County of San Diego, a certified copy of this Resolution. Resolution No. 2011 — Page Two PASSED and ADOPTED this 5th day of July, 2011. Ron Morrison, Mayor ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney City of National City Weed Abatement Program 2011/2012 Fixed Charge Special Assessments Parcel Assured Amt Site Address Owner Mail Address City St Zip 554 112 15 00 $3,340.46 2nd St National City Arregui Family Trust 04-18-94 3140 E 2nd St National City CA 91950 554 170 13 00 $930.24 614 S Harbison Ave National City 91950 Otero Delia 614 S Harbison Ave National City CA 91950 556 082 07 00 $862.72 910 Melrose St National City 91950 Ruiz David L 910 Melrose St National City CA 91950 557 180 32 00 $17,604.16 844 Palm Ave National City 91950 Hinton William E 844 Palm Ave National City CA 91950 557 180 37 00 $2,078.20 805 N Ave National City 91950 Li Zhiwel 1498 13th St #193 Imperial Beach CA 91932 557 351 17 00 $1,392.36 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 18 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 19 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 20 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 21 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 22 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 23 00 $1,223.32 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 24 00 $1,223.32 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 25 00 $1,223.32 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 558 132 19 00 $1,207.46 2613 E 16th St National City 91950 Wallace Grace R 2613 E 16th St National City CA 91950 Total Parcels: 15 Total Assess: $38,892.46 EXHIBIT "A" CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 24 EM TITLE: A Resolution Authorizing Execution of an Order of Vacation of a portion of excess right-of-way on West 30th Street east of Interstate 5 and the railroad right-of-way (Applicant: City of National City)(Case File No. 2011-18 SC). PREPARED BY: Martin Reeder PHONE: 619-336-4313 DEPARTMENT: Deve APPROVED BY: /Planning. EXPLANATION: On July 5, 2011, the Council approved the Street Vacation request. Since there are no conditions to be satisfied, it would be appropriate to adopt the attached Resolution authorizing execution of the Order of Vacation. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The street and alley vacation do not result in any changes in land use. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the attached Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Order of Vacation RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ORDER OF VACATION OF A PORTION OF EXCESS RIGHT-OF-WAY ON WEST 30TH STREET, EAST OF INTERSTATE 5 AND THE RAILROAD RIGHT-OF-WAY WHEREAS, application was submitted to vacate and close a portion of excess right-of-way on West 30th Street, east of Interstate 5 and the railroad right-of-way more particularly described'in Exhibits "A" and "B", attached hereto and incorporated herein as though set forth in full; and WHEREAS, on June 6, 2011, the Planning Commission considered the proposed vacation and closure and found and determined that the vacation and closure of the unimproved portion of street right-of-way conforms with the City's adopted General Plan; and WHEREAS, the City Clerk has caused notice of said vacations and closures to be posted in the manner specified by law; and WHEREAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure, and WHEREAS, all things and acts necessary to be done as required by Part 3 of Division 9 of the Califomia Streets and Highways Code in order to abandon said street have been done and accomplished; and WHEREAS, a public hearing was held on July 5, 2011, at which time all persons interested in or objecting to the proposed vacation and closure were afforded the opportunity to appear and be heard; and WHEREAS, the City Council at said hearing, found, from all evidence submitted, that said portion of public right-of-way is unnecessary for present or prospective motorized use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing found that the unimproved public right-of-way does not provide a benefit for an access public right-of-way or for future utilities; and WHEREAS, the City Council at said hearing further found that vacation and closure of said portion of public right-of-way are in conformity with the adopted General Plan; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Mayor and City Clerk are respectively authorized and directed to execute and attest an Order of Vacation of the above described portion of public right-of-way. 2. That the vacation of the above described portion of public right-of-way to motorized vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California Streets and Highways Code. Resolution No. 2011 — July 5, 2011 Page Two 4. That the right-of-way to be vacated is not needed for present or future public transportation uses and/or for utility service, since the properties abutting the right-of-way under consideration will continue to have access to public streets and utilities. 5. That while the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists or equestrians, adjacent streets will allow for the same through travel. 6. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since there are no improvements proposed for the area, and since the area has not and would not be used for vehicular or emergency access to the area. 7. That the City Clerk is hereby authorized and directed to cause a certified copy of subject order to be recorded in the office of the County Recorder of San Diego County, pursuant to Section 8325 of the California Streets and Highways Code. 8. That from and after the date that this Resolution is recorded, the above -described portion of public right-of-way no longer constitutes a street, except as reserved and excepted herein. PASSED and ADOPTED this 5th day of July, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No. 2011- duly adopted on July 5, 2011, by the City Council of the City of National City, hereby orders the vacation of an portion of excess right-of-way on West 30th Street, east of Interstate 5 and the railroad right-of-way more particularly described in Exhibits "A" and "B", attached hereto. Executed this 5th day of July, 2011. Ron Morrison, Mayor Michael R. Dalla City Clerk EXHIBIT 'A' LEGAL DESCRIPTION-30v' STREET VACATION PORTIONS OF LOTS 33 AND 34 AND A PORTION OF 29TH STREET 1N RA}IIA VISTA, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1815, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF 30TH STREET AS SHOWN ON RECORD OF SURVEY MAP NO. 15781 FILED IN THE. OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 3, 1998 AS FILE NO. 1998-0188561, SAID POINT ALSO LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILROAD; THENCE ALONG THE NORTHERLY RIGHT -OF —WAY LINE OF 30TH STREET ACCORDING TO SAID RECORD OF SURVEY MAP NO. 15781 NORTH 72° 16' 26" EAST, 81.99 FEET TO A POINT OF CUSP WITH A TANGENT 58.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE, SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 113° 53' 31" A DISTANCE OF 115.29 FEET, A RADIAL TO SAID POINT BEARS SOUTH 48° 22' 55" WEST; THENCE, SOUTH 41° 23' 25" WEST, 11.58 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT -OF —WAY LINE OF SAID 30TH STREET ACCORDING TO SAID RECORD OF SURVEY MAP NO. 15781, SAID POINT LYING ON A 440 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 41° 23' 25" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 13' 53" A DISTANCE OF 40.17 FEET TO SAID EAS 1 ERLY RIGHT-OF-WAY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILROAD; THENCE ALONG SAID EASTERLY LINE OF SAID SAN DIEGO AND ARIZONA EASTERN RAILROAD NORTH 17° 43' 34" WEST, 52.06 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2,533.63 SQUARE FEET MORE OR LESS. Steven A. Bliss, PLS 5652 t go. 5652 iD 9 31-1l/ �`-. OF COC-' a/ DATE • 41/ ih S41'23'25"WIR)/ cS' A.P. NO. \562-220-33 GRAPHIC SCALE 10 20 40 0-c\-\ ( IN FEET ) 1 inch = 20 rt. VICINITY MA NO SCALE ENGINEERING DEPARIVENT Q7Y 0? NATIONAL an, N .P. NO. 559-200-34 D=115'38'47* SB' is 7) •0,>. LEGAL DESCRIPTION PORTIONS OF LOTS 33 & 34 AND A PORTION OF 297H STREET IN BAHIA VISTA, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO THE MAP THEREOF NO. 1815, FILED IN OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1924 Ql BASIS OF BEARINGS / / S41'23'25"W 11.58' THE BASIS OF BEARING FOR THIS PLAT IS THE EASTERLY RIGHT OF WAY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILROAD ACCORDING TO RECORD OF SURVEY NO. 15781 I.E. N17 43'34"NI LEGEND INDICATES AREA TO BE VACATED BY THE CITY OF NATIONAL art - AREA 2,533.63 SO. FT t T.P.O.B. INDICATES TRUE POINT OF BEGINNING THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION. STEVEN A. BLISS PLS 5652 DATE i VACATION flifferr r OF 1 POR270N OF soul swEr ntsistur gz. -mr- sgc ADIODIDIS AMMO ORDER OF VACATION The City of National City, by authority of Resolution No. duly adopted on July 5, 2011 by the City Council of the City of National City, hereby orders the vacation of an portion of excess right-of-way on West 30`h Street east of Interstate 5 and the railroad right-of-way more particularly described in Exhibits "A" and "B", attached hereto. Executed this 5`h day of July, 2011. RON MORRISON, MAYOR MICHAEL R. DALLA, CITY CLERK 1 EXI-IIRIT 'A' LEGAL DESCRIPTION-30t1i STREET VACATION PORTIONS OF LOTS 33 AND 34 AND A PORTION OF 29TH STREET IN BAHIA VISTA, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1815_ FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF 301H STREET AS SHOWN ON RECORD OF SURVEY MAP NO. 15781 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 3, 1998 AS FILE NO. 1998-0188561, SAID POINT ALSO LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILROAD; THENCE ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF 301" STREET ACCORDING TO SAID RECORD OF SURVEY MAP NO. 15781 NORTH 72' 16' 26" EAST, 81.99 FEET TO A POINT OF CUSP WITH A TANGENT 58.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE, SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 113' 53' 31" A DISTANCE OF 115.29 FEET, A RADIAL TO SAID POINT BEARS SOUTH 48° 22' 55" WEST; THENCE, SOUTH 41° 23' 25" WEST, 11.58 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF SAID 3OTH STREET ACCORDING TO SAID RECORD OF SURVEY MAP NO. 15781, SAID POINT LYING ON A 440 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 41° 23' 25" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 13' 53" A DISTANCE OF 40.17 FEET TO SAID EAS 1 ERLY RIGHT-OF-WAY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILROAD; THENCE ALONG SAID EASTERLY LINE OF SAID SAN DIEGO AND ARIZONA EASTERN RAILROAD NORTH. 17° 43' 34" WEST, 52.06 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2,533.63 SQUARE FEET MORE OR LESS. /I . Steven A. Bliss, PLS 5652 DATE 2 e / S4125'25"WSR6 6, A.P. t'1O. rr, 62-22O-33 x.>4 GRAPHIC SCALE 43 31-'�o i0 2.0 40 EXHIB[ VICINITY MAP NO SCALE .P. NO. 559--200--34' D=11518'47' R�58, S41'23'25'W 11.58' T.P.O.B. LEGAL DESCRIPTION PORTIONS OF LOTS 33 do 34 AND A PORTION OF 29TH STREET IN BAHIA VISTA, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1815, FILED IN OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1924 BASIS OF BEARINGS THE BASIS OF BEARING FOR THIS PLAT IS THE EASTERLY RIGHT OF WAY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILROAD ACCORDING TO RECORD OF SURVEY NO. 15781 I.E. N17'43'34"W LEGEND INDICATES AREA TO BE VACk1ED BY THE CITY OF NATIONAL CITY AREA 2,533.63 SO. FT ± INDICATES TRUE POINT OF BEGINNING \\ THIS PLAT WAS PREPARED BY ME )OR UNDER MY DIRECTION. 0 rSTEVEN A. BLISS PLS 5652 DATE ENGINEERING DEPARTMENT G" TY Lam` NATTANAL [7"Y alwaram awe STREET YACATYWI PORTION OF 30271 MEET Witinatiir CUZ—M—SIC AWNING MEMO MOW OP1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 25 EM TITLE: Resolution of finding of consistency with the Downtown Specific Plan and approval of a Conditional Use Permit for the expansion of a gas station convenience store and the sale of alcohol for off -site consumption at 10 Osborn Street. (Applicant Hagman & Associates) (Case File 2011-16 DSP, CUP) PREPARED BY: Martin Reeder DEPARTMENT: Deve PHONE: 336-4313 APPROVED EY: EXPLANATION: The City Council conducted a hearing on this item at the July 5, 2011 City Council meeting. The attached resolution is needed to take action on the item.. Planning. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15303 (New Construction or conversion of small structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: solution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY FINDING CONSISTENCY WITH THE DOWNTOWN SPECIFIC PLAN AND APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE AND THE SALE OF ALCOHOL FOR OFF -SITE CONSUMPTION AT 10 OSBORN STREET WHEREAS, the Planning Commission considered a Downtown Specific Plan Consistency Review and Conditional Use Permit for the expansion of a gas station convenience store and the sale of beer, wine and distilled spirits for off -site consumption at 10 Osbom Street at a duly advertised public hearing held on June 6, 2011, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2011-16 DSP, CUP maintained by the City, and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, the Planning Commission voted to approve the Downtown Specific Plan Consistency Review and Conditional Use Permit for the expansion of a gas station convenience store and the sale of beer, wine and distilled spirits for off -site consumption at 10 Osborn Street by a vote of four to three in favor of approval; and WHEREAS, a Notice of Determination was before the City Council on June 21, 2011, and a public hearing was set for July 5, 2011; and WHEREAS, the City Council considered a Downtown Specific Plan Consistency Review and Conditional Use Permit for the expansion of a gas station convenience store and the sale of beer, wine and distilled spirits for off -site consumption at 10 Osborn Street at a duly advertised public hearing held on July 5, 2011, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the City Council considered the staff report contained in Case File No. 2011-16 DSP, CUP maintained by the City, and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state and City laws; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on July 5, 2011, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the addition to the existing mini -mart can be adequately constructed on the lot with all required setbacks and parking needs met. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the gas station is existing and the expansion of an existing mini -mart and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. Resolution No. 2011 — July 5, 2011 Page Two 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the mini -mart already exists and is located in a developed commercial area. Also, conditions of approval controlling the sale of alcohol will reduce the potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the service station, an established and allowed use in the applicable commercial zone. 5. That the design enhancement of the property will contribute to the viability of an existing older business and to other local businesses along the National City Boulevard commercial corridor. 6. That the project complies with the maximum height, minimum setback, maximum floor - area -ratio, maximum density (where applicable), minimum build -to -line, and minimum parking requirements and standards of the Specific Plan. 7. That public convenience and necessity may be served by the 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 the 820 square -foot expansion of a mini -mart and for the sale of beer and wine for off -site consumption at Valero located at 10 Osborn Street. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit "A", Case File No. 2011-16 DSP, CUP, dated April 7, 2011. 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 Division. 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. Resolution No. 2011 — July 5, 2011 Page Three 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both 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 retum 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 Attomey and signed by the Development Services Director prior to recordation. BUILDING 7. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. ENGINEERING 8. The owner shall remove and replace all sidewalks as marked out in the field. 9. The owner shall remove and replace the existing alley apron located near the southwesterly property corner as marked out in the field. 10. The owner shall remove the existing speed hump that was placed in the alley on the westerly side of the property. 11. All monitoring wells existing on site shall be protected in place. FIRE 12. Approved fire extinguishers shall be installed to include the new proposed portion of the tenant improvement described as containing 2,382 square feet. PLANNING 13. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc., shall be submitted for review and approval by the Planning Division prior to a building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for hardscape on site, including parking lot striping. The plans shall also show details for the trash enclosure, including a door and cover. The finish of the trash enclosure shall be painted to match the mini -mart building on site. 14. The sale of alcoholic beverages shall be limited to between the hours of 6:00 a.m. and 12:00 a.m., seven days a week. Resolution No. 2011 — July 5, 2011 Page Four 15. Alcohol products stored outside of the coolers shall be located on the shelving unit farthest from the front doors. 16. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 12:00 a.m. and 6:00 a.m. 17. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 18. No beer or malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 19. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four - pack or other manufacturer's pre -packaged multi -unit quantities. 20. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 inches by 22 inches (17" x 22") in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 21. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings, and any property or adjacent property under the control of the applicant. 22. All cups and containers shall be sold at or above prevailing prices and in their original multi - container packages of no fewer than 12, and no cups or containers shall be given free of charge. 23. Ice may be sold only at or about prevailing prices in the area and in quantities of not Tess than three pounds per sale. Ice shall not be provided free of charge. 24. 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. 25. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and be made available to the City Finance Department and any peace officer of the California Department of Alcoholic Beverage Control upon demand. Resolution No. 2011 — July 5, 2011 Page Five 26. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a National City business license. POLICE 27. Permittee shall comply with all regulatory provisions of the California 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 shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 5th day of July, 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: July 5, 2011 AGENDA ITEM NO. 26 EM TITLE: Follow up Report regarding formal and informal policies for the sale of alcohol in less than six-pack quantities. PREPARED BY: Martin Reeder DEPARTMENT: Devel vcs/Planning. PHONE: 619-336-4313 APPROVEDO. : • EXPLANATION: At the City Council meeting of March 1, 2011, the Council took up the matter of the City's informal policy prohibiting the sale of beer or malt beverages in less than six-pack quantities. Council referred the matter back to staff in order to prepare language allowing three -packs of 24-oz cans of beer, including the pros and cons of such language. The attached background report discusses the matter in detail. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends the City Council adopts a formal policy regarding standard Conditions of Approval for the sale of alcohol. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Background Report Existing off -sale outlets 3. Updated typical alcohol Conditions of Approval 4. Existing Council Policy 707 5. Proposed update of Council Policy 707 BACKGROUND REPORT As you will recall, Council had taken up the issue of potentially amending the City's informal policy of prohibiting the sale of beer or malt beverages in less than six-pack quantities, established some time after 1990_ The City Attorney's Office had suggested that the best course of action would be for the Council to adopt a formal written policy in order to provide clear notice to the public of the policy and to give guidance to the Planning Commission. Before deciding the matter, the Council requested that the Planning Commission provide their input. The Commission stated that they did not support the sale of beer in less than six- pack quantities, particularly for businesses in close proximity to schools. They also stated that the City needs to strengthen and formalize the existing informal policy, providing a written standard for businesses selling alcohol for off -site consumption. A representative for the Institute for Public Strategies (IPS) spoke in support of the City strengthening their position on prohibiting the sales of beer in less than six packs. They also stated that IPS had conducted a review of the 47 off sale establishments in the City, and found that several businesses were in violation of their Conditional Use Permits by selling Tess than six-pack quantities, specifically prohibited by their Conditions of Approval. At the City Council meeting of March 1, 2011, Council discussed allowing the sale of beer in manufacturers' pre -packaged quantities of three 24-oz beer cans. The Council discussed the prevalent issues with over -consumption of alcohol, particularly among the homeless population; however, it was distinguished that this issue was with large quantity malt liquor beverages rather than standard beer products. There was acknowledgement from the Police Department that homeless persons were unlikely to purchase multi -packs due to lack of cold storage and due to a preference for high volume beverages (e.g., 32-oz, 40-oz, etc). Council referred the matter back to staff in order to prepare formal and informal language allowing the three -packs, as well as the pros and cons of such language. Pros of allowing sales of 3-packs of 24 oz cans There are instances throughout local outlets where three -packs of beer are already available. Many existing off -sale outlets (e.g., markets, liquor stores) are non -conforming and do not have Conditional Use Permits. In these cases, there is generally no regulation on the quantities of alcohol products that can be sold. Although there have been some observed informal three -packs (not pre- packaged by the manufacturer), most are of normally -distributed packaging styles. With regard to volume, although a 24-oz can is double the normal 12-oz can volume, the overall volume of the three -pack would be the same as a standard six-pack (72-oz). Therefore, there would be no change in quantity available. In addition, allowing existing businesses with CUPs containing the no less than six- 1 i pack condition to sell the three -packs, would allow said businesses to compete on par with their non -CUP competitors. This has been a point of contention with newer businesses when obtaining CUPS. Cons of allowing sales of 3-packs of 24 oz cans Conversely, allowing newer businesses (especially larger or chain stores) to compete with older non -conforming outlets could potentially lead to smaller businesses being unable to contend with the typically lower prices of larger stores. However, this would only pertain to the three -packs, not other items prohibited by CUPs. There is also still a potential for over consumption in cases where a group of homeless persons might share a three -pack although, again, the preference is for larger single quantities (and for malt liquor rather than beer). If the Council approves the sale of three -packs of 24-oz cans of beer, it was intended to be applicable to all existing outlets with CUPs restricting such sales, and also to new CUP applications. The amended condition would be considered a de facto amendment by the Council to allow a more liberal application of the previous condition. As of the writing of this report, there are 96 retail alcohol outlets in the City. Of these, 46 are off -sale outlets, 20 of which have a Conditional . Use Permit. In researching Conditions of Approval for these off -sale CUPs, 14 have a specific condition restricting sales of beer to no Tess than six-pack quantities. As part of this research, staff contacted ABC (Alcoholic Beverage Control) in order to determine the effect on existing licensed outlets should the new conditions be applied retroactively as proposed. Although no CUP modification may be necessary with the City, ABC would require that the licensee request a condition modification. This process would require a fee and would take two to four months to process. ABC has stated that they cannot initiate a blanket change of all licenses that would be affected by the City's change of policy. In addition to discussion regarding three -packs of beer, the Council also discussed wine coolers and other alcohol products. Although no direction was given to address any other issues, staff is of the opinion that if a formal policy direction is adopted, that all Conditions of Approval be included to provide clarity to the process of permitting alcohol sales uses in the future. To this end, a list of typical alcohol Conditions of Approval has been attached for your review attachment no. 3). These conditions are generally included with all new CUPs for alcohol, but have been amended to include the three -pack language (No. 2). In researching the conditions, it was noticed that the standard condition relating to the sale of "wine coolers" was not necessarily up to date. Wine coolers were typically grouped with other wine products in the past; however, most "wine coolers" do not contain wine at all, but rather are a form of malt beverage. These beverages (e.g., 'Mike's Hard Lemonade', `Smirnoff Ice', etc) are generally 2 2 labeled as `premium malt beverages' or `flavored malt coolers', as well as sometimes being referred to as 'wine coolers'. In an effort to modernize the existing condition, an amended version (No. 4) is included with attachment no. 3. Formal vs. informal Council policy The Council may adopt a formal or informal policy regarding standard Conditions of Approval for on and off -sale alcohol Conditional Use Permits. In the case of an informal policy, staff would continue to apply the standard conditions to CUPs for alcohol sales, as before, on a case by case basis. Changes to the conditions could occur at various levels of review. A formal City Council policy sets forth the City Council's policy on alcohol permits, and only the Council would have the authority to change or waive any of the conditions. This is the primary difference between the informal and formal — who can change or waive a condition. An informal policy, which consists of the Conditions themselves and their applicability, is included with this report as attachment no. 4. An existing Council Policy (policy number 707) pertains to the alcohol license review process with regard to the Department of Alcoholic Beverage Control (ABC). As a Council Policy on the review of alcohol permits currently exists, incorporation of a formal policy regarding the standards for Conditional Use Permits into the same policy is most logical. Accordingly, a revised Council Policy Number 707 is attached, which incorporates the formal policy discussed above. 3 3 ;alifornia ABC - License Query System - Data Portal http://www.abc.ca.gov/datport/AHCountyRep. asp License! I Number 107043 ;i Status CTIVE 5) 212962_ IACTIVE 227126 TIVE 270714 CTIVE 319583 THE 323832 THE 327223 i4ACTIVE 8) 335475 TIVE 9) 10) 347417 350706 TIVE CTIVE 1) 12) 361854 CTIVE 366444 ; CTIVE California Department of Alcoholic Beverage Control For the County of SAN DIEGO - (Off -Sale Licenses) and Zip Code = 91950 Report as of 5/18/2011 License Type I Orig.Iss Date Expv Date I Primary Owner and Premises Addr_ Business Name Mailing Address. lGeo ode 21 ./10/1985-4/31/2012 ':. BAZ2J, JACK 02 CMC CENTER DR NATIONAL CITY, CA 91950 ensus Tract 0114.00 : 708 20 t/14/1988 ./30/2011 ' PNS STORES INC 1410E PLAZA BLVD ATIONAL CITY, CA 91950 ensus Tract 0117.00 BIG LOTS 4126 ' 00 PHILLIPI RD, ATTN TAX DEPT :3708 OLUMBUS, OH 43228-5311 21 1/18/1989 .130/2011 . 7 ELEVEN INC 1 100 E PLAZA BLVD TIONAL CITY, CA 91950 ensus Tract: 0120.03 7 ELEVEN 2131 18978 O BOX 219088 DALLAS, TX 75221-9088 3708 20 ./19/1992 ! li • /30/2012 INARES, NOEMI C 22 HIGHLAND AVE TIONAL CITY, CA 91950 ensus Tract: 0118.01 RODEOS MEAT MARKET; 3708 21-.5/1011996 6/30/2011 : 11535E i YOUNAN, BASIM ' 18TH ST NATIONAL CITY, CA 91950 Census Tract. 0117.00 •,' FARMERS DISCOUNT KET', 3708 21 5/6/1997 • /30/2012 :CORPORATION FORTUNE COMMERCIAL :SUPERMARKET 1420E PLAZA BLVD, STE Cj NATIONAL CITY, CA 91950 Census Tract- 0117.00 SEAFOOD CITY 2883 SURVEYOR ST ! OMONA,CA91768-3251 3708 21 3/11/199/ 1/31/2012 ONVENIENT , INVESTMENTS INC 335 HIGHLAND AVE TIONAL CITY, CA 91950 ensus Tract 0116.01 1IGHLAND GROCERY D LIQUOR ! 1827-29 MASSACHUSETTS ST LEMON GROVE, CA 91945 '... 3708 3708 20 10/28/1997 ./30/2011 ' 7 ELEVEN INC 17 2425 SWEETWATER RD NATIONAL CITY, CA 91950 Census Tract 0122 00 ELEVEN 2131 13583 , !DALLAS, O BOX 219088 TX 75221-9088 :. 20 12/2/1998 11/30/2011 YAJIMA, GRACE SACHIE 1727 SWEETWATER RD, 1 STEA 1 NATIONAL CITY, CA 91950 Census Tract 0122.00 KYOTO GIFT & FOOD 3708 21 4/12/1999 ./31/2011 '.. SHOSHANI, GEORGE : HANNA 1626E 8TH 5T NATIONAL CITY, CA 91950 Census Tract: 0120.01 KINGS LIQUOR - _ ��--3708 3708 20 1/25/2000 12/31/2011. RAZOOKY BROS INC 1643 WILSON AVE NATIONAL CITY, CA 91950 Census Tract: 0114.00 IDO MARKET -, 20 6/27/2000 ./30/2011 ELEVEN INC . 400 HIGHLAND AVE TIONAL CRY, CA 91950 ensus Tract: 0116.02 7 ELEVEN 2131 20785 PO BOX 219088 j TALI AS, TX 75221-9088 3708 : of4 4 5/18/2011 10:23 AM ;al ifornia ABC - License Query System - Data Portal http://www.abe.ca.govidatport/AllEountyRep asp 1 1 1 21 23 24 25) 3); 371290 : ACTIVE 20 12/14/2000 ' 11/30/2011 FL, MOSI-AIL SALEM 336 HIGHLAND AVE '.. ATIONALCITY, CA91950I. ensus Tract: 0116.01 HIGI (LAND ARCO 3708 1) 372525 . •CTIVE 21 .r/1/2001 a/31/2011 LAIN INC 4 N EUCLID AVE TIONAL CITY, CA 91950-1934 Census Tract 0119.02 WRIGLEYS SUPERMARKET ;3708 !. >);:373003 •CTIVE 21 r•5/2001 ._._._ 1/31/2012 IG BEN MARKET CORP HE 108E 8TH ST NATIONAL CITY. CA 91950 ' ensus Tract_ 0117. 00 :IG BEN MARKET 708 '.. __. __... 1)j 377506 ; ACTIVE % 20 7/9/2001 3/30/2011 ; :Census DAI. LO 8 CO INC 303 HIGHLAND AVE NATIONAL CITY, CA 91950': Tract: 0118.02; FOODLAND 2 -- 5075 FEDERAL BLVD SAN DIEGO, CA92102-2652 3708 I __ ')i379974 CTIVE 20 12/7/2001 ./30/2011 :!GROCERYOUTLET ' 'NATIONAL 1Census INC . 3446 HIGHLAND AVE CITY, CA 91950. Tract 0116.02 GROCERY OUTLET .___._ . 000 0 5TH ST ' BERKELEY, CA 94710-1918 3708 381590 •CTNE 21 11/20/2001 10/31/2011 i GORYOKA INC 2421 NATIONAL CITY BLVD NATIONAL. CITY, CA 91950 Census Tract: 0116.02' NATIONAL CITY LIQUOR 708 ) 390654 CTIVE 20 10/25/2002 ./30/2011 ELEVEN INC 15 N EUCLID AVE TIONAL CITY, CA 91950 ensus Tract: 0119.02 7 ELEVEN STORE 2131 13564F j O BOX 219088 ALLAS, TX 75221-9088 3708 ) 394110 THE 20 12/23/2002 11/30/2011,. L J F INC 31 N HIGHLAND AVE ATIONAL CITY, CA 91950 ensus Trani: 011802' DON JOHN MARKET 3708 - -._; )' 396415 SUREND; 20 ! /7/2004 4/31/2011 I I HANNA ANDY SLAWI 151 HIGHLAND AVE, STE A NATIONAL CITY, CA 91950 Census Tract 0118.02 SIETE DIAS MARKET -, 3708' 396949 •CTNE 21 ! 1/29/2003 7/31/2011 - AFSU, SALWAN ,FORGIS 28 HIGHLAND AVE TIONAL CITY, CA 91950 ensus Tract. 0118.01 ! LA CASA LIQUOR : --- 3708 - 'i. )398373 •CTIVE 20 •. •/23/2003 t/31/2012 LAHA . ROBY J ' 540E 18TH ST NATIONAL CITY, CA 91950 ensus Tract: 0121.02 GEORGES MARKET -_- 3708 398986 CTNE 20 './28/2003 ./30/2011 7 ELEVEN INC 17 1601E 18TH ST NATIONAL_ CITY. CA91950 ! Census Tract. 0120.01 i ELEVEN 2131 17265 PO BOX 219088 .3708 DALI 1S, TX 75221-9088 ! 00787 S CTIVE .: 20 4/10/2004 ./30/2011 I AL MART STORES INC 1200 HIGHLAND AVE NATIONAL CITY, CA 1950-3541 ensus Tract: 0117.00 ' WAL MART S1 ORE 5023 702 SW 8TH ST, DLPT 8916 ATTN MARIBEL LA CHANCE BENTONVII- LE, AR /2716-0500 3708 :.. 08542 CTNE 21 13/252004 - _... 12/31/2011 ZINC 1750 CARNIVAL SUPERMARKET E 8TH ST NATIONAL CITY, CA 91950'.. ensus Tract:012001 __I CARNIVAL SUPERMARKET ._.. 3708 -._.. 1410185 CTNE ! 20 -1/1/2004 12/31/2011 ABO, LAITH SABRI SR 035 HIGHLAND AVE ATIONAL CITY, CA 91950 ',, 1 ensus Tract 0116.01 RED BIRD MARKET 708 of 4 5 5/18/2011 10:23 AN1 fornia ABC - License Query System - Data Portal http://www.abc.ca.gov/datport/AHCountyRep_asp 28) 12441 29). 419791 , 30), 19824 31) 32) 3) 435025'. TIVE ACTIVE CTIVE CTIVE 48925 ',.•�.CTNE 456482 THE 4) 464703 I ACTIVE 466860 ,TIVF 6) )468698 ;ACTIVE 37)74554 38) 39) 476346 21 :/21/2004 /31/2011 AMMO, FARIS HANNA WILSON LIQUOR 16E 8TH ST, BLDG A STET. 21 1/4/2005 TIONAL CITY, CA 1950-2566 ensus Tract: 0117 00 12/31/2011 HERMIZ, MONTHIR ABED 04 PALM AVE NATIONAL CITY, CA 91950 ;ensus Tract 0118-02 708 ' RANCH HOUSE LIQUOR 20 1/6/2005 12/31/2011.. YOUSIF, SUNDUS HAMID 1540 COOLIDGE AVE NATIONAL CITY, CA 91950 Census Tract: 0114-00 BIG B MARKET & DELI i 3708 3708 20 c/1/2006 l2/29/2012 21 I'2/8/2007 1/31/2012 NC MARKET INC 220-240 E 18TH ST NATIONAL CITY, CA 91950 Census Tract 0116.01 MATTIA NAMIR GERGES 2111 HIGHLAND AVE NATIONAL CITY, CA 91950-6916 21 ;./20/2008 II6/30/2011 NATIONAL CITY MARKET 240E18TH ST NATIONAL CITY, CA 91950 3708 Census Tract: 0116.01 MART & FINAL STORES LC 1220 E PLAZA BLVD ATIONAL CITY, CA .1950-3610 ensus Tract 0117,00 HI BEV LIQUOR 3708 SMART & FINAL 347 O BOX 512377 LOS ANGELES, CA90051 3708 20 ../23/2008 /31/2011 - ARGET CORPORATION 3060 PLAZA BONITA RD ATIONAL CITY, CA 1950-8004 ensus Tract 0032.04 TARGET T2232 1000 NICOLLET MALL, TPN-0910 708 ATTN CAROLE HELMIN NIINNEAPOLLS, MN 55403-2542 20 /2/2009 31/2012 GGJ PETROLEUM INC i 1803 HIGHLAND AVE TIONAL CITY, CA 1950-5830 :)Census Tract: 0116.01 HIGHLAND SERVICE STATION 708 21 ':/13/2008 1 1 /30/201 1 IM & RAMZ1 INC 1039 S HARBISON AVE ATIONAL CITY, CA 1950-3921 ensus Tact: 0120.02 TEXAS LIQUOR 708 T 20 5/20/2009 ACTIVE 21 ')4/27/2009 77244 THE 21 0).)477530 ACTIVE I 7/15/2009 21 ',I6/22/2009 /30/2012 NATL CITY COMPLEX INC 133W 8TH ST NATIONAL CITY, CA 91950-1129 ,)Census Tract: 0114-00 31/2012 ROTA, MARW RANI V 605 E 18TH ST NATIONAL CITY, CA 1950-5337 30/2011 ensus Tract: 0120.03 NATL CITY COMPLEX NC GEORGES LIQUOR ADEK, BASHAR I 601 GRANGER AVE NATIONAL CITY, CA 1950-7822 ensus Tract: 0122,00 AMITY MARKET AND IQUOR 708 708 3700 5/31/2011 ARFIELD BEACH CVS LLC 1730 SWEETWATER RD NATIONAL CITY, CA 1950-7625 ;ensus Tract: 0122.00 VS PHARMACY STORE /83 1 CVS DR, MAIL DROP 23062A '. WOONSOCKET, RI 02895-6146 i 708 of4 6 5/18/2011 16:23 AM :alifornia ABC - License Query System - Data Portal http://w w.abc.ca.gov/datport/AHCountyRep-asp 6) 479720 TIVE 21 11/25/2009 . 10/31/2011 FIELD BEACH CVS CVS PHARMACY9138 •, 1 CVS DR, MAIL DROP 23062A WOONSOCKET, RI 02895-6146 3708 ,.. I91950-3609 LLC j 1201E PLAZA BLVD NATIONAL CITY, CA _ ensus Tract. 0117.00 481544 CTIVE 21 4/24/2010 ` 7/31/2011 BODEGA LATINA . _........ EL SUPER 14601 LAKEWOOD BI_VD, # B PARAMOUNT, CA 90723 708 10.50:31 AM ' ' CORPORATION 3007 HIGHLAND AVE NATIONAL CITY, CA 1950-7400 ensus Tract 0121. 01 ! '.. 83194 '.. CTIVE 20 ! /15/2010 ,.6/30/2011 ELEVEN INC 7 ELEVEN STORE 2131 PO BOX219088 DALLAS, TX75221-9088 708 '.. _. - :54:43 AM 1999 SWEETWATER RD ATIONAL CITY. CA 1950-7694 ensus Tract: 0122.00 39199 500246 CTNE 21 /25/2010 .7/31/2011 ALOS FOOD VALLARTA 10147 SAN FERNANDO RD PACOIMA, CA 91331-2617 3708 , .. 10.07.03 AM NTERPRISENC 1 EUCLID AS INC NATIONAL CITY, CA 1950-3855 ensus Tract: 0120.02 SUPERMARKET # 36 505702 TIVE ! 21 1/10/2011 12/31/2011 OUNIS. SAMER A i IMPERIAL LIQUOR i 708 1:52.06 PM 106E 16TH ST NATIONAL CITY, CA 1950-5226' ensus Tract 0120. 03 S08693 _�..... CTIVE _ 20 ./2/2011 11-43.-50 AM /30/2011 ELEVEN INC 07 E 8T11 ST i NATIONAL CITY, CA 91950 ]] ensus Tract 0118. 02 7 ELEVEN STORE , 18218D 2121 O BOX219088 ALLAS, TX 75221-9088 708 5332 .CTIVE 21 1/22/1973 ,to/29/2012 TTIQ, LOUIS , 110 NATIONAL CITY BLVD '.' NATIONAL CITY, CA 91950 I ensus Tract: 0114.00 ONC TEN LIQUOR & MARKET :. '.. 708 -- - End of Report - - - For a definition of codes, view our glossary of4 1 5/18/2011 10:23 AM 1. (off -sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of less than manufacturer's pre- packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 3. (off -sale alcohol) No sale of wine or distilled spirits shall be sold in containers of Tess than 750 milliliters: The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 4. (off -sale alcohol) Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 5. (off -sale alcohol) Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. 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. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 6. (off -sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 7. (off -sale alcohol) All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 8. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 9. (off -sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit , Case File No. , dated 10. (off -sale alcohol) Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11. (off -sale alcohol) 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. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at 8 all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand_ 13. (on and off -sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. (on -sale alcohol) 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. 15. (on -sale alcohol) Alcohol shall be available only in conjunction. with the purchase of food. 16. (on -sale alcohol with patio) Permittee shall post signs_ in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 9 CITY COUNCIL POLICY TITLE: LIQUOR LICENSE APPLICATION REVIEW PROCESS POLICY NUMBER: 707 PURPOSE/BACKGROUND: To streamline the process of liquor license application review to ensure timely staff responses and/or protests to the Department of Alcoholic Beverage Control regarding these applications. POLICY: The Department of Alcoholic Beverage Control (ABC) sends copies of all liquor license applicationsto the Police Department. The City has thirty days from the date of the ABC mailing to provide comments to the ABC. If no protests are received within that time period, the ABC issues the license. The Police Department is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an "original" license application) or expanding business or one - seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's Planning Department and that the issuance of the liquor license will be delayed until such time as the protest is withdrawn. Once a CUP has been issued, the Planning Department notifies the Police Department of that issuance and it_ is then- the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking liquor licenses are in compliance with local standards. City of National City to CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 21, 2011 PURPOSE/BACKGROUND: Page 1 of 4 To streamline the process of alcohol license application review to ensure timely staff responses and/or protests to the Department of Alcoholic Beverage Control regarding these applications. The City Municipal Code requires Conditional Use Permits for the sale of alcohol. Such land use regulation is designed to ensure that the health, safety and welfare of the community does not become negatively impacted. In order to minimize any potential adverse effects of alcohol sales for both on and off -site consumption, including public drunkenness, disorderly conduct, illegal sales or domestic violence, the City adopts conditions of approvals and enact policies designed to protect the public from such effects. The following sets forth the City Council's policy on the applicable alcohol standards for Conditional. Use Permit applications for both on and off -sale alcohol sales, as well as the Department of Alcoholic Beverage Control application notification requirements. POLICY: The Department of Alcoholic Beverage Control (ABC) sends copies of all alcoholic beverage license applications to the Police Department. The City has thirty days from the date of the ABC mailing to provide comments to the ABC. If no protests are received within that time period, the ABC issues the license. The Police Department is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an "original" license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's Planning Division and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. CITY OF NATIONAL CITY 11 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: Jurfe-2-1776<11 Page 2 of 4 Once a CUP has been issued, the Planning Division notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with local standards. Regulation of conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows: 1. (off -sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of less than manufacturer's pre- packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 3. (off -sale alcohol) No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 4. (off -sale alcohol) Flavored malt beverages, also known as premium malt beverages and flavored maltcoolers, and sometimes commonly referred to as wine coolers, may be sold only by for -pack or other manufacturer's pre- packaged multi -unit quantities. 5. (off -sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale alcohol) All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 8. (off -sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit , Case File No. , dated CITY OF NATIONAL CITY 12 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 21, 2011 Page 3of4 9. (off -sale alcohoij Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall. post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be Tess than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 10. (off -sale alcohol) Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11. (off -sale alcohol} 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. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales gall other commodities during the same period. The applicant shall at all times keep records which reflect separatelyiegross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the Califomia Department of Alcoholic Beverage Control upon demand. 13. (on and off -sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. CITY OF NATIONAL CITY 13 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 21, 2011 Page 4 of 4 14. (on -sale alcohol) 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 state dear( indicati al alcoholic beverage sales and total food sales. Said statement shall be subject to audit an veri ica ion y emp oyees o t e ity, 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. 15. (on -sale alcohol) Alcohol shall be available only in conjunction with the purchase of • food. 16. (on -sale alcohol with patio) Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. These conditions of approval shall apply to all new Conditional Use Permits for the sale of alcohol for on and/or off -site consumption and modifications of existing Conditional Use Permits (CUPs) for such sales. The sale of three -packs of24-oz cans of beer shall apply retroactively to all existing off -sale CUPs where a condition exists limiting sales to no less than six-pack quantities. However, business wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC). The Council may, at its sole discretion, choose to waive or modify any of the above conditions. CITY OF NATIONAL CITY 14 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 27 EM TITLE: A request to extend to August 16, 2011, the 40-day period for initiation of a Street Vacation, to vacate portions of D Avenue south of 31st Street and 32"d Street east of D Avenue (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-37 SC). PREPARED BY: Martin Reeder PHONE: 619-336-4313 EXPLANATION: DEPARTMENT: Dev APPROVED B /Planning. The Council originally initiated this street vacation at the November 9, 2010 City Council meeting. The item has been extended multiple times to ongoing negotiations. The current 40 day period ends on July 7, 2011. The proposed street vacation was in conjunction with a pending shopping center development, and involved vacating portions of D Avenue south of 31st St. and E. 32nd St. east side of D Avenue. The applicant has stated that the project is now ready to continue; however, due to additional work needed to prepare an updated plan, the applicant has asked for an additional continuance of the item with the Planning Commission, the latest of which continued the item to the July 18, 2011 meeting. The City's Street Vacation Procedures require that once the City Council has initiated a street vacation, the Planning Commission must find the request in conformance with the General Plan within 40 days. The applicant has indicated that they wish to move forward with the item at the July18, 2011 Planning Commission hearing, .efore the street vacation initiation will need to be extended another time so that the Commission may . rmine General Plan conformance. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends the Council extend the Street Vacation initiation period for an additional 40 days to August 16, 2011. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Application 2. Map of proposed street vacation NATIONAL CITY, CALIFORNIA STREET or ALLEY VACATION REQUEST Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 FOR DE'ARTMENL' USE ONLY Case Number Filing Fee $ - Receipt No. Date Received By E.A.F. Required Fee $ Related Caees NOTE Streets, alleys, or portions thereof may only be vacated upon a finding that property in question Is not needed for present or future uses es a street. See attached Vacation Procedures for more information. Please consider my request for the vacst'on of D P 6 eN AIL located between J�' j1f,�iSL, GOY j,\ t N , till -.f LAND • ' , and as more particularly shown and described on drawing of area to be vacated, prepared by 9i1. M cii&l lZi elz41. dated o I t ` 0 G) , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional ages if i I) l✓ A P s-rt i TIAT OW -lOtzcv Ace- V %7 1146, Me-offP Title Examination Report obtained by date (attach copy) First American Title Insurance Co. June 9, 2009 (see Tab 9) Street or Alley Vacation Request Application Revised December, 1998 Page 1 of 2 THE CITY OF NATIONAL CITY APPLICATION FOR STREET VACATION ATTACHMENT 1 PROPERTY OWNER(S) of all property included in this application. Name: DERCO Properties, LLC, a C!Ho ni,2 limited liability company for the City of National City By: (Signature acknowledges that this application is being filed) Name: "DERCO" Derr Family Ventures L.P., a California limited partnership By: Derr Management Services, Inc., a California Corporation Its: General Partner By: A nne B. Derr. President Address: P.O. Box 304 Spring Valley, CA 91976 Phone No. (619)472-0120 Fax No. 1619) 472 - 1435 Date: �J1 /0,7 APPLICANT Name: NCSDI No. 1j a California limited liability company By: Sudberry Development, Inc., a California corporation Its: Manager Signature: Name: Community Development Commission By: Brad Raulston, Executive Director (Signature acknowledges that this application is being filed) Address: 1243 National City Blvd. National City, CA 91950 Phone No. (619) 336-4256 Fax No. (619) 336-4286 Date: Mark K. Ra'delow, Vice President (Signature acknowledges that his application is being filed) Address: 5465 Morehouse Drive, Suite 260, San Diego, CA 92121 Phone No. (858) 546-3000 Fax No: (858) 546-3009 Date: S)./ 19 /07 — Project Boundary —•• City Boundary Area to be Vacated CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 28 eM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Certified Nursing Assistant school at 2345 East 8th Street. (Applicant The Nurse Group, LLC) (Case File 2011-19 CUP) PREPARED BY: Martin Reeder PHONE: 336-4313 EXPLANATION: DEPARTMENT: Developm vc nning. APPROVED Y: • The project site is a 32,670 square -foot lot developed with an 11,400 square -foot medical office building. The property has 59 parking spaces on site and is located in the Private Institutional (IP) zone. The applicant proposes to provide lectures for up to 30 certified nursing assistant students, from 8:30 a.m. to 5:00 p.m. Monday to Friday, in a 1,284 square -foot suite in the building. The Planning Commission conducted a public hearing on June 20, 2011. Commissioners asked questions regarding conditions of approval and project plans. 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: Flores, Reynolds, Baca, Alvarado, DeLaPaz. Abstain: Pruitt. Absent: Farias ATTACHMENTS: Location Map _. Planning Commission Staff Report 3. Resolution No. 18-2011 4. Reduced Plans 1 1 1 1 1 1 804 (D RT 805 819 r» Subject Parcel — — — Zone Boundary E 6th St E 8th St N W 836 IP-PD RM-2-PD 1 I l J 0 75 150 I Feet 300 A P N' 5.7-162-05 Planning Commission. Location Map 2011-19 CUP 6.. 8.. 11 Title: 'CAL1FO -c on on itr CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 3 April 4, 2011 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A CERTIFIED NURSES ASSISTANT SCHOOL AT 2345 EAST 8TH STREET. Case File No.: 2011-19 CUP Location: Northwest corner of East 8th Street and Euclid Avenue. Assessor's Parcel No: 557-162-05 Staff report by: Martin Reeder — Assistant Planner Applicant: The Nurse Group, LLC Property owner: Mpt of Paradise Valley LP Combined General Plan/ Zoning designation: Private Institutional (IP-PD) Parcel size: 0.77 acres Adjacent land use/zoning: North: Automotive use / IP-PD East: Paradise Valley Hospital across Euclid Ave. / IP-PD South: Medical offices and restaurant use across East 8th St. / IP-PD West: Medical offices use / IP-PD Environmental review: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) 2 BACKGROUND Site Characteristics The project site is an approximately 32,670 square -foot lot developed with an approximately 11,400 square -foot medical office building. The property has 59 parking spaces on site and is located in the Private Institutional (IP) zone. The property is also located within a Planned Development (PD) overlay. The applicants are looking to occupy a 1,284 square -foot suite in the building, which is mostly vacant medical office space. There are a handful of other medical offices at the facility. Proposed Use The applicant proposes to provide lectures for up to 30 certified nursing assistant students from 8:30 a.m. to 5:00 p.m. Monday to Friday. The lectures are part of a 24- day Certified Nursing Assistant (CNA) training program that prepares students for the CNA certification exam. The first eight days would be spent at the project location, with the practical training to take place in off -site medical facilities. Analysis A school is permitted in the IP zone with the issuance of a Conditional Use Permit (CUP). Specifically, the use is noted in Use Group 27 — Offices and Studios — a use allowed in the IP zone; however, schools specifically require a CUP within this use group (other group 27 uses are allowed by right). Concerns with educational uses usually focus around traffic and parking issues. Given that this would be a one-off campus and would not cater to as many students as a traditional college campus, these concerns would not be as prevalent. Parkinq/Circulation The building was built in 1959 with 59 parking spaces. Current Code standards would require a minimum of 51 spaces for 32,670 square feet of office space. Therefore, the center has 8 more spaces than needed. However, the pending Zoning Code requires 1 space per 40 square feet of classroom space and 1 space per 300 square feet of office use. In this case, that would be 12 parking spaces. 1,284 square feet of office space per current standards requires 7 spaces. The difference of 5 parking spaces is covered by the overage of 8 spaces on site. Therefore, the proposal meets both current and proposed parking requirements. According to SANDAG data, a 1,284 square -foot school would generate approximately 31 average daily trips (ADT). Access to and from the area is provided by East 8th Street and Euclid Avenue, both arterial streets. Therefore, no traffic issues are anticipated; the existing road network is more than capable of handling the additional traffic generated by the school. 3 Planned Development Overlay Zone As previously mentioned the property is located within the PD Overlay zone. Seeing as there would be no new construction involved, only interior tenant improvements, there is no Planned Development permit necessary. Department Comments Comments were received from the Building Division and Fire Department dealing with building and fire code requirements. Standard Conditions of Approval are also included, as well as a condition requiring proof of all local, state and/or federal permits necessary for operation of the Certified Nursing Assistant School be provided prior to operation. Summary The proposed educational use is consistent with the Land Use Code with the approval of a Conditional Use Permit. Conditions of Approval will ensure that the business operates in harmony with existing uses in the area. Furthermore, the potential impacts are minimal since the site is within an existing commercial/industrial area and adequate parking is available on site. RECOMMENDATION Approve 2011-19 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Public Hearing Notice (Sent to 17 property owners) 5. Site Photos 6. Notice of Exemption 7. Exhibit A, Case File No. 2011-19 CUP, dated 5/9/2011 MARTIN REEDER Assistant Planner MARYAM BABART Development Services Director 4 RECOMMENDED FINDINGS FOR APPROVAL 2011-19 CUP, 2345 East 8th Street 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. That the site has sufficient access to East 8th Street and Euclid Avenue, both arterial streets, to accommodate the additional 48 average daily trips (ADT), and since no building expansion is proposed. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with an educational and/or office use which is permitted in the Private Institutional zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain additional education. 5 RECOMMENDED CONDITIONS OF APPROVAL 2011-19 CUP, 2345 East 8Ih Street General 1. This Conditional Use Permit authorizes a Certified Nursing Assistant school at 2345 East 8`h Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2011-19 CUP, dated 5/9/2011. 2_ Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning 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 Planning Division 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. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. Building 5. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 6. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 7. A Group IT building used for educational purposes shall be provided with a manual or automatic fire alarm system. This provision shall apply to, but shall not necessarily be limited to, every community college and university. Exception — a privately owned trade or vocational school, or any firm or company which provides educational facilities and instructions for its employees is not subject to this requirement. 6 8. Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances. Planning 9. The applicant shall provide proof of all local, state and/or federal permits necessary for operation of the Certified Nursing Assistant School. Proof of said permits shall be provided at time of business license issuance. 7 RESOLUTION NO. 18-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A CERTIFIED NURSES ASSISTANT SCHOOL AT 2345 EAST 8TH STREET. CASE FILE NO. 2011-19 CUP APN: 557-162-05 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a Certified Nursing Assistant School at 2345 East 8th Street at a duly advertised public hearing held on June 20, 2011, 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. 2011-19 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on June 20, 2011, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. 2. That the site has sufficient access to East 8th Street and Euclid Avenue, both arterial streets, to accommodate the additional 48 average daily trips (ADT), and since no building expansion is proposed. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with an educational and/or office use which is permitted in the Private Institutional zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain additional education. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 8 General 1. This Conditional Use Permit authorizes a Certified Nursing Assistant school at 2345 East 8th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2011-19 CUP, dated 5/9/2011. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning 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 Planning Division 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. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. Building 5. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 6. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 7. A Group 'B' building used for educational purposes shall be provided with a manual or automatic fire alarm system. This provision shall apply to, but shall not necessarily be limited to, every community college and university. Exception — a privately owned trade or vocational —school, or any firm or company which provides educational facilities and instructions for its employees is not subject to this requirement. 8. Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances. Planning 9. The applicant shall provide proof of all local, state and/or federal permits necessary for operation of the Certified Nursing Assistant School. Proof of said permits shall be provided at time of business license issuance. 9 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.rn. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 20, 2011, by the following vote: AYES: DeLaPaz, Alvarado, Baca, Reynolds, Flores, NAYS: ABSENT: Farias ABSTAIN: Pruitt CHAIR�IAIV 10 44'6" EXIT 4'6'x 3' window Simulation Lab 713 "x9'6"=68.8 sf Pocket door Rest Room 7'6"X7'=52.5 sf Th imulation Lab ' 1 "x9'6"=65.5 sf Pocket door Storage Room 7'5"x916"=70.3 sf/ Library 7'x9'6"=66.5 sf 4'6"x 3' window 3'X6'8" DOOR Hallway Central Ideating Unit ' Doo 8 x 4 window Waiting Room 16'x11'=176 sf Reception 365 sf 4'6"x 3' window 4'x3'wlade Couselor's Room 12'xl 1=132 sf Upper cabinets 12" deep File Area Office Supplies Class Room 10'x28'9"=287.5 sf 4'6"x 3window EXHIBIT A CASE FILE NO. 2011-19 CUP DATE: 5/9/2011 EXISTING Suite 110, 2345 8th Street 1284 square feet 3x "Door Upper cabinets 12" deep 4'6"x 3' window EXIT FILE -o P 28'10" CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 5, 2011 AGENDA ITEM NO. 29 M TITLE: Request for the appointment of two City Councilmembers to an ad hoc committee to participate in the process of preparing a strategic plan for building and sustaining quality of life facilities. PREPARED BY: Angelita Marchantee DEPARTMENT: City ,o''ia.-r's Office PHONE: (619) 336-4219 APPROVED BY: 4,0t' EXPLANATION: Staff is analyzing existing programs and services within Community Services and requests an ad hoc committee be formed. The ad hoc committee will included two Councilmembers, the chairperson of the Parks, Recreation, and Senior Citizens Advisory Board (PRAB), non-profit partners, and community leaders. Meetings are expected to occur on a quarterly basis. Brad Raulston and Jessica Cissel will staff the committee. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Appoint Councilmembers to City of National City Community Services Ad Hoc Committee. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: e ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT July 5th, 2011 AGENDA ITEM NO. 30 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $148,384.83 to the City of National City for the period of 5/25/11 through 05/31/11 PREPARED BY: K. Apalateg0 PHONE: 619-336-4331 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. DEPARTMENT: Finance APPROVED BY: 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: APPROVED: 4L,,,, ACCOUNT NO. APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $148,384.0 ENVIRONMENTAL REVIEW: N/P ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: --rants for the period of 5/25/11 through 05/31/11' PAYEE COMMUNITY HOUSING WORKS DESROCHERS GALVAN GEOSYNTEC CONSULTANTS GLORIA SANDERS KEYSER MARSTON ASSOC PRO BUILD PRUDENTIAL OVERALL SUPPLY SDG&E TIERRA WEST ADVISORS INC VISTA PAINT SECTION 8 HAPS PAYMENTS PAYROLL Pay period 11 N COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #48 5/31/2011 Start Date 5/3/2011 DESCRIPTION HOMEBUYER LOAN AT 3706 LYNDA PL RETIREMENT BENEFIT / JUNE 2011 FINANCIAL SERVICES SEC 8 - MAY 2011 ENVIRONMENTAL CONS SVCS - 4/30/11 REIMB-CDC 1996-03-603 OVERPAYMENT PROFESSIONAL SVCS / MARCH 2011 MOP# 45707. PAINTING MATERIALS/NSD MOP# 45742. LAUNDRY SERVICES / NSD GAS AND ELECTRIC UTILITIES / CDC PROFESSIONAL SVCS / APRIL 2011 MOP# 68834. PAINTING SUPPLIES / NSD Start Date 5/25/2011 End Date 5/16/2011 End Date 5/31/2011 Check Date 5/25/2011 CHK NO DATE AMOUNT 241988 5/31/11 41,385.00 241989 5/31/11 110.00 241990 5/31/11 396.00 241991 5/31/11 1,340.95 241992 5/31/11 162.41 241993 5/31/11 6,937.50 241994 5/31/11 71.84 241995 5/31/11 13.87 241996 5/31/11 145.45 241997 5/31/11 4,046.25 241998 5/31/11 1,000.69 AJP Total $ 55,609.96 8,552.66 84,222.21 GRAND TOTAL $ 148,384.83 :TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT July 5th, 2011 AGENDA ITEM NO. 11 ITEM TITLE: (Authorize the reimbursement of Community Development Commission expenditures in the amount of $699,542.65 to the City of National City for the period of 6/01/11 through 06/07/11,' PREPARED BY: K. Apalategui DEPARTMENT: , Finance PHONE: 619-336-4331 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: (L. o[ Approve the reimbursement of funds to the City of National City in the amount of $699,542.65' ENVIRONMENTAL REVIEW: N/iN . ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: ccept and File. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: ivvaurants for the period of 6/01/11 through 06/07/11 PAYEE BIRRIAS CHRISTENSEN & SPATH LLP E2 MANAGE TECH INC OPPER & VARCO PRO BUILD PRUDENTIAL OVERALL SUPPLY RADIATION DETECTION COMPANY SAN DIEGO CLIPPING SERVICE SAN DIEGO TROLLEY INC SDG&E VISTA PAINT DELTA DENTAL PLAN OF CA HDL COREN & CONE TION 8 TION 8 HAPS PAYMENTS COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #49 6/7/2011 DESCRIPTION ECONOMIC DEVELOPMENT LOAN LEGAL SERVICES/1ST HOME BUYER ENVIRONMENTAL CONS SVCS-8/27/10 WESTSIDE INFILL TOD (WITOD) MOP# 45707. PAINTING SUPPLIES/NSD MOP 45742 UNIFORMS - NSD HOUSING INSPECTION SUPPLIES NEWS READING/CLIPPING SERVICE FLAGGING SVCS 08/26/10 GAS AND ELECTRIC UTILITIES / CDC MOP 68834 SPRAY PARTS DENTAL INS JUNE 2011 CONTRACT SVCS APRIL-JUNE 2011 Start Date 6/1/2011 End Date 6/8/2011 CHK NO DATE AMOUNT 242113 6/7/11 357.00 242114 6/7/11 50.00 242115 6/7/11 9,730.04 242116 6/7/11 1,180.00 242117 6/7/11 57.97 242118 6/7/11 40.84 242119 6/7/11 161.40 242120 6/7/11 88 50 242121 6/7/11 37.25 242122 6/7/11 32.07 242123 6/7/11 1,052.17 242140 6/7/11 -99.03 242152 6/7/11 1,200.00 A/P Total $ 13,888.21 685,654.44 GRAND TOTAL $ 699,542.65 --- =TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT July 5th, 2011 AGENDA ITEM NO. 132 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $137,841.59 to the City of National City for the period of 6/08/11 through 06/14/11 PREPARED BY: K. Apalateguij PHONE: p19-336-4331 DEPARTMENT: APPROVED BY: Finance vh 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: Jo, cC U ' APPROVED: MIS Approve the reimbursement of funds to the City of National City in the amount of $137,841.59 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: I FINAL ADOPTION: Finance STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A 1CHMENTS: Yv.. ants for the period of 6/08/11 through 06/14/11' COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #50 6/14/2011 PAYEE BEST BEST Si KRIEGER LLP CHRISTENSEN & SPATH LLP DTSC E2 MANAGE TECH INC EDCO DISPOSAL CORPORATION EQUIFAX INFORMATION SVCS POWER PLUS PRO BUILD PRUDENTIAL OVERALL SUPPLY TIERRA WEST ADVISORS INC CALPELRA CITY OF SAN DIEGO SECTION 8 HAPS PAYMENTS PAYROLL, Pay period Start Date 12 5/17/2011 DESCRIPTION LEGAL SERVICES AGREEMENT AGREEMENT / LEGAL SVCS REIMB COSTS DEPT OF TOXIC SUBS ENVIRONMENTAL CONSULTING WASTE DISPOSAL FOR CDC SEC 8 SVCS EQUIPMENT RENTAL / REDEV MOP# 45707. PAINTING SUPPLIES/NSD MOP#45742. LAUNDRY SERVICES/NSD PROFESSIONAL SERVICES / MAY REGISTRATION FEE -ANNUAL TRAINING ENTERPRISE ZONE ADMIN SVCS FY11 Start Date 6/8/2011 End Date 5/30/2011 End Date 6/14/2011 Check Date 6/8/2011 CHK NO DATE AMOUNT 242216 6/14/11 321.00 242217 6/14/11 5,237.97 242218 6/14/11 124.11 242219 6/14/11 900.00 242220 6/14/11 104.75 242221 6/14/11 50.33 242222 6/14/11 195.00 242223 6/14/11 437.32 242224 6/14/11 15.99 242225 6/14/11 6,858.75 242241 6/14/11 442.50 242244 6/14/11 24,250.00 A/P Total $ 38,937.72 14,681.66 84,222.21 GRAND TOTAL $ 137,841.59 ITEM #33 7/5/11 VERBAL REPORT - REDEVELOPMENT UPDATE ON RECENT LEGISLATION (BRAD RAULSTON, EXECUTIVE DIRECTOR) COUNTY OF SAN DIEGO ERNEST J. DRONENBURG, JR. ASSESSOR/RECORDER/COUNTY CLERK www.sdarcc.com ASSESSOR'S OFFICE 1600 PACIFIC HIGHWAY, SUITE 103 SAN DIEGO, CA92101-2480 (619) 236-3771 • FAX (619) 557-4056 June 27, 2011 Chris Zapata, City Manager City of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. Zapata: ITEM #34 7/5/11 RECORDER/COUNTY CLERK'S OFFICE 1600 PACIFIC HIGHWAY, SUITE 260 P.O. BOX 121750, SAN DIEGO, CA 92112-1750 (619) 237-0502 • FAX (619) 557-4155 The following are the final locally assessed values for your city for the 2011-2012 assessment year. Generally year -over -year changes in assessed values are attributable to change in ownership and new construction reassessments, and the annual inflation adjustment (CCPI) .not to exceed 2% per year. Under California law, a reduction in assessed value can also occur when the current market value of the property falls below its base year value adjusted for inflation. These temporary reductions are subject to full restoration as market values improve. This year's values incorporate the net of all changes including partial and full value restorations. These figures differ from the total assessed values in the News Release because they are the net values, after exemptions have been deducted. Secured Roll Unsecured Roll. ($000) ($000) Land $1,218,778 Improvements $1,676,854 $64,419 Personal Property $4,959 $141,325 Total Valuation $2,900,591 $205,744 Homeowners' Exemptions $31,031 Other Exemptions $113,385 NET TOTAL $2-756��5 COMBINED TOTAL $2,961,919 I hope this information is helpful. If you have any questions or desire any further information, please contact Diana Lackey, Chief Deputy Assessor, at (619) 531-5507. Very truly yours, ERNT J. DRON G, JR. County Assessor der/Clerk EJD:ld cc• Finance Director COUNTY OF SAN DIEGO ASSESSOR'S OFFICE 1600 PACIFIC HIGHWAY, SUITE 103 SAN DIEGO, CA 92101-2480 (619) 236-3771 • FAX (619) 557-4056 ERNEST J. DRONENBURG,JR. ASSESSOR/RECORDER/COUNTY CLERK www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 PACIFIC HIGHWAY, SUITE 260 P.O. BOX 121750, SAN DIEGO, CA 92112-1750 (619) 237-0502 • FAX (619) 557-4159, SUMMARY OF TOTAL ASSESSED VALUE BY CITY CITY 2010-2011 DID 2011-2012 CHANGE CARLSBAD CHULA VISTA CORONADO DEL MAR EL CAJON ENCINITAS ESCONDIDO IMPERIAL BEACH LA MESA LEMON GROVE NATIONAL CITY OCEANSIDE POWAY SAN DIEGO SAN MARCOS SANTEE SOLANA BEACH VISTA TOTAL INCORPORATED CITIES TOTAL UNINCORPORATED AREAS TOTAL SAN DIEGO COUNTY 24,321,673,845 21,918,450,346 6,482,813,393 2,557,129,093 7,212,895,912 11,595,898,988 12,125,474,590 1,423,133, 967 5,419,747,491 1,609, 891,538 3,099,775,501 17,503,409,629 8,422,222,849 185,340,463,009 9,173, 807,255 4,526,718,991 3,473,740,609 24,221,348,773 21,893,699,349 6,571,163,889 2,625,475,688 7,250,228,443 11,761,392,385 12,220,360,923 1,422,909,308 5,495,024,709 1,632,156,458 3,106,335,572 17,712,329,154 8,532,003,160 186, 549, 850, 365 9,250,756,371 4,580,956,699 3,550,066,861 -0.41 % -0.11% 1.36% 2.67% 0.52% 1.43% 0.78% -0.02% 1.39% 1.38% 0.21 % 1.19% 1.30% 0.65% 0.84% 1.20% 2.20% 8,719,838,623 8,734,387,723 0.17% 334,927,085,629 337,110,445,830 0.65% 58,757,162,646 58,596,353,261 -0.27% 393,684,248,275 .395,706,799,091. .0.51% VI.Ir!n \I111V. VY/ 1 1/ COUNTY OF SAN DIEG O ERNEST J. DRONENBURG, JR. ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 PACIFIC HIGHWAY, RM.103 SAN DIEGO, CA 92101-2480 (619) 236-3771 Fax (619) 557-4056 RECORDER/COUNTY CLERK'S OFFICE 1600 PACIFIC HIGHWAY, RM 260 SAN DIEGO, CA 92101-2480 (619) 237-0502 FAX (619) 557-4155 2011 INVENTORY OF PARCELS AND VALUES - ** GRAND TOTALS ** RESIDENTIAL TOTAL Time-share Condominums Mobilehomes Vacant Single Family Duplex or 2 Houses Multi 2 to 4 Houses Multi 5 to 15 Units Multi 16 to 60 Units Multi 61 Units 'and Up Condominium Transitional COMMERCIAL TOTAL Vacant - Store Building Shopping Center Hotel Motel Service Station Office Condominiums Parking or Used Car Lot Trailer Park Auto Sales & Service Agency General INDUSTRIAL TOTAL Vacant Factory Warehousing Bulk Storage Extractive & Mining Industrial Condominiums General IRRIGATED FARM TOTAL RURAL --LAND (Non=i_rr gated) TOTAL INSTITUTIONAL TOTAL RECREATIONAL TOTAL MISCELLANEOUS TOTAL GRAND TOTAL PARCELS UNITS ASSESSED VALUES 911,530 1,179,994 286,521,499,043 72,429 72,065 830,342,219 23,719 23,295 2,246,248,431 31,600 298 4,002,.687,213 554,698 555,597 197,329,667,739 12,250 24,478 3,607,189,232 21,413 58,123 7,157,362,434 7,219 57,029 4,529,778,178 2,204 61,776 4,826,632,128 1,251 146,523 14,838,028,274 179,530 179,852 46,975.,767,598 5,217 958 177,795,597 26,490 111,536 57,440,544,898 3,235 179 1,929,955,330 11,698 12,608 26,299,537,E-- 1,266 975 7,694,50E 1,276 58,385 7.,336,401,A 732 443 747•,666,6u, 1,682 1,391 675,,759,318 1,441 733 f,698,623,855 554 20,543 1,036,581,128 402 344 906,236,475 4,204 15,935 9,115,274,436 11,451 44,894 21,.927,807,444 1,951 91 1,519,500,744* 3,302 3,965 1.1,344,:758,154 2,988 21,983 6,136,879,490 121 13,477 422,598,936 157 53 '241;667,148 1,646 1,421 965,889,620 1,286 3,904 1,296;513,352 3,554 1,051. 1,176,937,753 9,315 947 1; 587 921 , f52 2,172 7,226 6,311,709,230 13,885 4,554 2,949,822,953 476 6 34,079,822 978,873 - 1,350,208. 377,950,322,995 The above data is provided for your information and represents total assessed values of real property, excluding personal property and fixtures, prior to exemptions. If you have any questions, please contact Diana Lackey, Chief Deputy, Assessor, at (619) 531-5507. ERNE Y 7. DRONENBU Cou i,, Assessor ITEM #35 7/5/11 CLOSED SESSION REPORT (CITY ATTORNEY)