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HomeMy WebLinkAbout2012 01-10 CC CDC ADJ AGENDA PKTAgenda Of An Adjourned Regular Meeting — National City City Council / Community Development Commission of the City of National City/ Housing Authority of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — January 10, 2012 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretation en espahol se proporciona duranfe sesiones del Consejo Municipal. Los audiofonos esthn disponibles en el pasillo al principio de la junta. Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.aov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 1/10/12 — Page - 2 PRESENTATIONS 1. Recognizing Estela C. Cordero, Police Sergeant, for her 20 years of service the City of National City. 2. Swearing in of new Community Emergency Response Team Members (CERT) Jason Skidmore Helen Romero Harold Aranda 3. Presentation by San Diego Association of Governments — Smart Growth Concept Map 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. 4. Approval of the Minutes of the Regular City Council/Community Development Commission Meetings of November 15, 2011 and December 6, 2011. (City Clerk) 5. 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) 6. Resolution of the City Council of the City of National City authorizing the installation of 30-minute restricted parking from 8:00 am to 6:00 pm, Monday - Saturday, on W. 5th Street adjacent to 438 National City Boulevard (Star Automotive) to create higher parking turnover for customers and alleviate vehicle storage issues. (Traffic Safety Committee Item No. 2011-28) (Development Services/Engineering) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 1 /10/12 — Page - 3 CONSENT CALENDAR (Cont) --Lion of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of D Avenue and E. 20th Street to improve sight distance. (Traffic Safety Committee Item No. 2011-29) (Development Services/Engineering) 8. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of D Avenue and E. 22nd Street to improve sight distance. (Traffic Safety Committee Item No. 2011-30) (Development Services/Engineering) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Project Professionals Corporation for a not -to - exceed amount of $376,679 and authorizing a 25% contingency amount up to $94,169.75 to provide construction management and inspection services for the City's $3.5 million 8th Street Sewer Replacement and Utility Undergrounding Project. (Development Services/Engineering) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with URS Corporation for a not -to -exceed amount of $100,000 and authorize a 25% contingency amount up to $25,000 to provide on -call program management services for the City's Bond/Capital Improvement Program. (Funded by various Capital Improvement Project funds. No General funds are included) (Development Services/Engineering) 11. Resolution of the City Council of the City of National City authorizing staff to submit an application for Proposition 84 Storm Water Grant Program (SWGP) funds in the amount of $3 million for the restoration of Paradise Creek and authorizing a local match of $600,000 (matching funds are available through the 2011 Tax Allocation Bond (Capital Improvement) for Paradise Creek Enhancement). (Development Services/Engineering) 12. Resolution of the City Council of the City of National City authorizing staff to apply for funding for certain projects on and off Tidelands to the 2014-2018 Unified Port of San Diego Capital Improvement Program. (Redevelopment/Special Projects) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 1/10/12 — Page - 4 CONSENT CALENDAR (Cont.) 13. Resolution of the City Council of the City of National City approving a Memorandum of Understanding between the YMCA of San Diego County -South Bay Branch and the City of National City for a 12 month period of negotiation of contemplated partnership to provide sustainable programs at Las Palmas Park to National City residents. (Community Services) 14. Resolution of the City Council of the City of National City adopting updated City Council Policy #203 on "Investments". (City Manager/Finance) 15. Resolution of the City Council of the City of National City modifying the contribution rates to the Public Employees' Retirement System by decreasing the City's contribution and incrementally increasing the member contribution paid by the City of National City's Police Officers' Association Represented Employees reaching a 100% employee contribution in July, 2013; and rescinding City Council Resolution 2011-261. (Human Resources) 16. Resolution of the City Council of the City of National City modifying the contribution rates to the Public Employees' Retirement System by eliminating the City's contribution and increasing to 8% the member contribution paid by the City of National City's Miscellaneous Employees, Confidential Employee Group Subset; and rescinding City Council Resolution 2011-263. (Human Resources) 17. Resolution of the City Council of the City of National City designating the representatives authorized to order the deposit and withdrawal of City monies with financial institutions on behalf of the City of National City. (Finance) **Companion Item #39** 18. WARRANT REGISTER #20 Warrant Register #20 for the period of 11/09/11 through 11/15/11 in the amount of $1,358,307.41. (Finance) 19. WARRANT REGISTER #21 Warrant Register #21 for the period of 11/16/11 through 11/22/11 in the amount of $465,146.53. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 1/10/12 — Page - 5 CONSENT CALENDAR (Cont.) wNT REGISTER #22 Warrant Register #22 for the period of 11/23/11 through 11/29/11 in the amount of $3,078,993.52. (Finance) PUBLIC HEARING 21. Public Hearing of the City Council of the City of National City regarding results of majority protest proceedings and establishing the National City Tourism Marketing District. (Redevelopment/Special Projects) **Companion Item #23 ** ORDINANCE FOR ADOPTION 22. An Ordinance of the City Council of the City of National City to approve an Amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City to provide for a 3% @ 55 full formula benefit for Fire Safety Members entering membership for the first time in the Firefighters' Association. (Human Resources) NON CONSENT RESOLUTIONS 23. Resolution of the City Council of the City of National City declaring results of majority protest proceedings and establishing the National City Tourism Marketing District. (Redevelopment/Special Projects) **Companion Item #21** 24. Resolution of the City Council of the City of National City urging the State of California to adopt urgency legislation making the possession of psychoactive bath salts and psychoactive herbal incense a violation of State law. (City Attorney/Police) 25. Resolution of the City Council of the City of National City designating the City of National City as the Successor Agency under Part 1.85 of the Health and Safety Code subject to reservations herein stated. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 1/10/12 — Page - 6 NON CONSENT RESOLUTIONS (Cont.) 26. Resolution of the City Council of the City of National City under Part 1.85 of Division 24 of the Health and Safety Code designating the National City Housing Authority to perform the housing functions previously preformed by the Community Development Commission of the City of National City subject to reservations herein stated. (City Attorney) 27. Resolution of the City Council of the City of National City electing to retain the housing assets and functions of the Community Development Commission of the City of National City under Part 1.85 of Division 24 of the Health and Safety Code subject to reservations herein stated. (City Attorney) NEW BUSINESS 28. Presentation on the Marina District joint planning process with the Port and authorizing staff to work jointly with the Port District to issue a Request for Qualifications (RFQ) from parties interested in developing the Marina District. (Development Services) 29. Follow-up report and request for direction from City Council regarding the initiation of a Code Amendment to reclassify auto glass use for inclusion in the Major Mixed -Use Corridor (MXC-2) zone. (Development Services/Planning) 30. Approval of the Disqualifying Criteria of a Community and Police Relations Commissioner and the Supplemental Application to the City Application for appointment to boards, commissions and committees. (Community Services) 31. Review of amended application for the Community and Police Relations Commission (CPRC) in light of Disqualifying Criteria and the Supplemental Application to the City Application for appointment to City boards, commissions and committees. (Community Services) 32. Review of BayView Tower's TUP for banner and advertising display located on the BayView Tower building at 801 National City Boulevard. (Neighborhood Services) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 1/10/12—Page -7 NEW BUSINESS (Cont) iwoce of Decision — Planning Commission approval of a Conditional Use Permit for public assembly at the Olivewood Clubhouse located at 541 East 24th Street. (Applicant: San Diego County Building Trades Corporation) (Case File 2011- 27 CUP) (Development Services/Planning) 34. Notice of Decision — Planning Commission approval of a Conditional Use Permit for live entertainment at McDini's Bar/Restaurant, located at 105 East 8th Street, with a zone variance for less than required parking. (Applicant: Benny Adler) (Case File 2010-33 CUP, Z) (Development Services/Planning) 35. Notice of Decision — Planning Commission approval of a Conditional Use Permit for public assembly and a Tattoo Studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue. (Applicant: Anastasia Polies) (Case File 2011-28 CUP) (Development Services/Planning) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 36. Authorize the reimbursement of Community Development Commission expenditures in the amount of $200,111.39 to the City of National City for the period of 11/09/11 through 11/15/11. (Finance) 37. Authorize the reimbursement of Community Development Commission expenditures in the amount of $257,895.20 to the City of National City for the period of 11/16/11 through 11/22/11. (Finance) 38. Authorize the reimbursement of Community Development Commission expenditures in the amount of $126,839.84 to the City of National City for the period of 11/23/11 through 11/29/11. (Finance) 39. Resolution of the Community Development Commission of the City of National City designating the representatives authorized to order the deposit and withdrawal of Community Development Commission monies with financial institutions on behalf of the Community Development Commission of the City of National City. (Finance) **Companion Item #17** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 1/10/12 — Page - 8 HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NON CONSENT RESOLUTION 40. Resolution of the National City Housing Authority accepting the transfer of the housing assets and functions of the Community Development Commission of the City of National City under Part 1.85 of Division 24 of the Health and Safety Code subject to reservations herein stated. (City Attorney) STAFF REPORTS 41. Grants Status Report. (Housing & Grants) 42. Spice Update. (Police/Code Enforcement) 43. Report: California Supreme Court Decision regarding ABx1 26 and ABx1 27. (City Attorney) 44. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular City Council and Community Development Commission Meeting — Tuesday — January 24, 2012 — 6:00 p.m. — Council Chambers — National City, California ITEM #1 1/10/12 DATE TO FROM SUBJECT City of National City MEMORANDUM (REVISED) November 17, 2011 Lavonne Watts, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Executive Assistant III (Mayor/Council Office) Lilia Munoz, HR Technician ANNIVERSARY RECOGNITION The following City employee will complete her twenty years of service with the City of National City on November 26, 2011: NAME Estela C. Cordero POSITION Police Sergeant HIRED November 26, 1991 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday. January 10, 2012. If this is acceptable, please make the necessary arrangements and send confirmation of the schedule to the employee, department and our office. The recognition letter, gift catalog and anniversary pin will be sent prior to the presentation. Thank you. cc: SGT Estela Cordero Chief Adolfo Gonzales H \Recognition Program ITEM #2 1 /10/12 SWEARING IN OF NEW COMMUNITY EMERGENCY RESPONSE TEAM MEMBERS (CERT) JASON SKIDMORE HELEN ROMERO HAROLD ARANDA ITEvi1 #3 San Diego Association of Governments 1/10/12 REGIONAL PLANNING COMMITTEE December 2, 2011 AGENDA ITEM NO.: 6 Action Requested: INFORMATION DRAFT TECHNICAL UPDATE OF THE SMART GROWTH CONCEPT MAP File Number 3100000 Introduction Last month, the Regional Planning Committee received a report outlining the process for the technical update of the Smart Growth Concept Map. This month, an initial updated draft Smart Growth Concept Map and corresponding Site Descriptions are provided for the Committee's information and review (Enclosures 1 and 2). The initial draft maps and site descriptions have been prepared jointly by SANDAG and local jurisdiction staffs. Next month, the Regional Planning Committee will be asked to make a recommendation on the map and site descriptions to the SANDAG Board of Directors for planning purposes and for use in SANDAG's smart growth incentive programs. Background On October 28, 2011, the SANDAG Board adopted the 2050 Regional Transportation Plan and its Sustainable Communities Strategy (2050 RTP/SCS), which includes land use inputs from the 2050 Regional Growth Forecast. The current Smart Growth Concept Map is based on the 2030 RTP and the 2030 Regional Growth Forecast. The approval of the 2050 RTP/SCS provides an opportunity to update the underlying data of the Smart Growth Concept Map with the more recent land use inputs and transportation networks. The update is anticipated to be completed by January or February 2012. Discussion In 2004, the Board of Directors adopted the RCP, which provides an overall vision and policy framework for better connecting transportation and land use within the region, and promotes smart growth and sustainability. One of the RCP early actions was the development of a "Smart Growth Concept Map," illustrating the location of existing, planned, and potential "smart growth opportunity areas" for use in updating the RTP and determining eligibility for smart growth -related incentives. The Board accepted the original Smart Growth Concept Map in June 2006 for planning purposes for the 2030 RTP, and accepted a technical update in July 2008 for the first round of the TransNet Smart Growth Incentive Program (SGIP) grants. SANDAG and the local jurisdictions worked collaboratively to prepare the original and updated maps. Smart Growth Place Types and Minimum Targets The map contains seven different smart growth "place types." These include: Metropolitan Center, Ur;a Center, Town Center, Community Center, Rural Village, Mixed -Use Transit Corridor, and Special Use Center. Collectively, the map contains approximately 200 smart growth opportunity areas (SGOAs) identified by the local jurisdictions that reflect the various place types. The SGOAs are designated as either "Existing/Planned" or Potential." These designations are based on whether the areas meet minimum housing, employment, and transportation targets identified in the RCP for each smart growth place type, as listed below. (As part of the technical update, the transit service characteristics have been updated to reflect new transit services included in the 2050 RTP/SCS). Minimum Land Use and Transportation Targets ci�wio;:1n, - ,_ , 75 du/ac 14,,, ° 17,[ nr 80 emp/ac ii,ii,,,,t, , ,1 ,,= 1r f- ,,f1r-“,,- .4-k.i,,, Commuter Rail, Express Light Rail Transit (LRT), or Bus Rapid Transit (BRT) Metropolitan Center Urban Center 40 du/ac 50 emp/ac LRT or Rapid Bus Town Center 20 du/ac 30 emp/ac LRT, Rapid Bus, or Streetcar/Shuttle Community Center 20 du/ac N/A High -Frequency Peak -Period Local Bus or Streetcar/Shuttle within Urban Area Transit Strategy Boundary Rural Village 10.9 du/ac N/A N/A Special Use Center Optional 45 emp/ac LRT, Rapid Bus. or Peak BRT Mixed -Use Transit Corridor 25 du/ac N/A High -Frequency Peak -Period Local Bus or Streetcar/Shuttle du/ac = dwelling units/acre emp/ac = employees per acre Existing/Planned smart growth areas are locations that either contain existing smart growth development or allow planned smart growth in accordance with RCP land use targets, and are accompanied by existing or planned transit services included in the 2050 RTP/SCS: Potential smart growth areas are locations where smart growth development could occur if local land use plans are changed and/or if the 2050 RTP/SCS is modified to include minimum levels of planned transit service. Areas must meet both the land use and the transit service targets to qualify as Existing/Planned. The technical update of the Smart Growth Concept Map is not proposing to change any of the place types or minimum targets, but rather is proposing to update the underlying land use and transportation data on the map. A more comprehensive update of the Concept Map will be considered during the update of the Regional Comprehensive Plan (RCP), which is anticipated to begin in calendar year 2012. 2 TransNet SGIP Criteria In Vie lurrcnt TransNet SGIP criteria, the "Existing/Planned" smart growth areas are eligible to k,r both capital and planning grants, and the "Potential" smart growth areas are eligible my for planning grants. The SGIP evaluation criteria will be updated before the next call -for -projects with input from the Regional Planning and Transportation Committees. The criteria may be revised based on a number of factors including lessons learned from the first round of grants, recommendations resulting from the Final 2050 RTP/SCS, policy direction resulting from the Regional Housing Needs Assessment process, and/or additional input from policymakers. Types of Changes Made to the Smart Growth Concept Map The technical update of the Smart Growth Concept Map has resulted in five types of changes: 1. Updated land use intensities in SGOAs based on the 2050 Regional Growth Forecast; 2. Updated transit routes and services based on the Final 2050 RTP transportation network; 3. Refinements to SGOA boundaries or place types, as initiated by the local jurisdiction planning staffs; 4. Changes in status (from "Potential" to "Existing/Planned" or vice versa) for individual SGOAs based on any of the three factors listed above; and 5. Addition or deletion of SGOAs. Enclosure 1 includes the draft updated Regional and Subregional-Scale Smart Growth Concept Maps. Enclosure 2 includes the draft updated Site Descriptions, with the land use descriptions updated by the local jurisdiction planning staffs and the transit descriptions updated by SANDAG planning staff. Today's report is for information purposes. Next month, the Regional Planning Committee will be asked to make a recommendation on the maps and site descriptions to the SANDAG Board. CHARLES "MUGGS" STOLL Director of Land Use and Transportation Planning Enclosures: 1. Draft Regional and Subregional-Scale Smart Growth Concept Maps (December 2011) 2. Draft Site Descriptions (December 2011) Key Staff Contact: Carolina Gregor, (619) 699-1989, cgr@sandag.org 3 Smart Growth SMART GROWTH CONCEPT MAP - DRAFT SITE DESCRIPTIONS National City NC 1 Downtown National City (Downtown Specific Plan) NC 2 NC 3 South of West Plaza Boulevard, North of Mile of Cars Way, East of 1-5, West of National City Boulevard The entire length of Highland Avenue between the northern and southern city boundaries and extending into the adjacent jurisdictions and along Mile of Cars Way between Highland and 1-5 NC 4 8th Street between NC-1 and NC-4 Existing/Planned Urban Center This area includes the Downtown Specific Plan, which was adopted 2005. The Plan emphasizes walkable neighborhoods and mixed -use and transit -oriented development with densities of up to 75 dwelling units per acre. The Specific Plan anticipates approximately 4,000 new dwelling units. The 8th Street Trolley Station is several blocks to the west of National City Boulevard. There also are several access points to 1-5. There are more than a dozen MTS bus stops along National City Boulevard and a half dozen bus stops along 8th Street All of these services operate every 30 minutes and connect to the Trolley stations. The 8th Street Trolley Station is within close walking distance to the downtown area. Opportunities exist for a higher usage of both the existing 8th Street Trolley Station and bus routes with the potential residential development planned for the downtown area. Existing/Planned Town Center This area encompasses the Westside Specific Plan, which was adopted in 2010. The plan provided for mixed -use, transit - oriented development within the City's Old Town Neighborhood. The area includes the 24th Street Trolley Station. Existing/Planned Mixed -Use Transit Corridor Existing/Planned Mixed -Use Transit Corridor Highland Avenue runs north -south and is a main arterial for the City. Most of the corridor is designated for mixed -use with up to 75 units per acre. There are a variety of transit stops with frequent intervals along Highland Avenue. These bus lines also connect to the City's two Trolley stations. This corridor is primarily zoned for mixed -use with densities up to 75 dwelling units per acre. Existing land uses include residential, retail commercial and strip centers. Existing LRT (Trolley - Blue Line) Existing High -Frequency Local Bus Planned Express LRT (Trolley - Blue Line) (to be phased in by 2040) Existing LRT (Trolley - Blue Line) Existing High -Frequency Local Bus Existing High -Frequency Local Bus Planned LRT (Trolley - Highland Corridor) (to be phased in by 2050) Existing High -Frequency Local Bus NC 5 Paradise Valley Hospital Area at Eudid and 4th Street NC 6 Plaza Boulevard from Highland to NC-5 NC 7 NC 8 18th Street between NC-3 and Rachel Avenue 30th Street/ Sweetwater Road from National City Boulevard to Plaza Bonita Existing/Planned Existing/Planned Existing/Planned Existing/Planned Town Center This are includes Paradise Valley Hospital and the surrounding areas located east of 1-805, south of 4'h Street, along and north of Plaza Boulevard, and east of Paradise Valley Road. In addition to Paradise Valley Hospital, the area also contains various medical office and care facilities, as well as housing. A 498-unit senior housing/assisted living facility was recently built. Residential development in the area is allowed at a density of up to 75 dwelling units per acre and is facilitated by efficient transit service. Mixed -Use Transit Corridor Mixed -Use Transit Corridor Mixed -Use Transit Corridor This corridor extends from Highland Avenue to 1-805. This area is developed with a variety of commercial and residential development. There is access to 1-805 and bus transit service, which connects to the nearby trolley line. A stop for the South Bay BRT is planned at Plaza Boulevard and 1-805. The zoning in this area allows for mixed -use, with a density of up to 75 dwelling units per acre. This corridor is primarily zoned for mixed -use with densities up to 48 dwelling units per acre. Existing land uses include primarily multi -family residential. This corridor is primarily zoned for mixed -use with densities up to 75 dwelling units per acre. Existing land uses include several commercial shopping centers, strip centers, and the Plaza Bonita regional mall. Existing High -Frequency Local Bus Planned BRT (to be phased in by 2018) Planned Peak -Period BRT (to be phased in by 2018) Planned LRT (Trolley — Highland Corridor) (to be phased in by 2050) Planned BRT (to be phased in by 2018) Planned Peak -Period BRT (to be phased in by 2018) Planned High -Frequency Local Bus Existing High -Frequency Local Bus Existing High -Frequency Local Bus Planned LRT (Trolley — Highland Corridor) (to be phased in by 2050) ITEM #! 4 1/10/12 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS OF NOVEMBER 15, 2011 AND DECEMBER 6, 2011. (CITY CLERK) ITEM $5 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption 1/10/14 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 6 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 30-minute parking restricted from 8:00am to 6:00pm, Monday -Saturday, on W. 5th Street adjacent to 438 National City Boulevard (Star Automotive) to create higher parking turnover for customers and alleviate vehicle storage issues (TSC Item No. 2011-28) PREPARED BY: Stephen Manganiello, Traffic Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on November 30, 2011 the Traffic Safety Committee approved the staff recommendation to install 30-minute time -restricted parking. ATTACHMENTS: xplanation z. resolution 3. Staff Report to the Traffic Safety Committee (November 30, 2011) E;.planation Ms. Laila Alayan, manager of Star Automotive, located at 438 National City Boulevard, has requested time restricted parking on W. 5th Street adjacent to her 4-...oss in order to create higher parking turnover for her customers and chicle storage issues, particularly large trucks (see photos in attached staff report to the Traffic Safety Committee). Ms. Alayan's business is located on the northwest corner of National City Boulevard and W. 5th Street. Staff visited the site and observed large trucks parked on W. 5th Street adjacent to Star Automotive. The parking on this block is unrestricted. Staff also confirmed that the on -site parking lot is used for car sales. Installation of time restricted parking is appropriate for local businesses to encourage higher parking turnover and more efficient enforcement. Since this location is within a commercial corridor conversion to 30-minute parking is appropriate. All work will be completed by City Public Works. TSC 2011-28 1 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 30, 2011 ITEM TITLE: REQUEST FOR 30-MINUTE TIME -RESTRICTED PARKING ON THE NORTH SIDE OF W. 5TH STREET ADJACENT TO 438 NATIONAL CITY BOULEVARD (STAR AUTOMOTIVE) TO INCREASE PARKING TURNOVER FOR CUSTOMERS AND ALLEVIATE VEHICLE STORAGE ISSUES (BY: L. ALAYAN) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Ms. Laila Alayan, manager of Star Automotive, located at 438 National City Boulevard, has requested time restricted parking on W. 5'h Street adjacent to her business in order to create higher parking turnover for her customers and alleviate vehicle storage issues, particularly large trucks (see attached photos). Ms. Alayan's business is located on the northwest corner of National City Boulevard and W. 5th Street. Staff visited the site and observed large trucks parked on W. 5th Street adjacent to Star Automotive. The parking on this block is unrestricted. Staff also confirmed that the on - site parking lot is used for car sales. Installation of time restricted parking is appropriate for local businesses to encourage higher parking turnover and more efficient enforcement. Since this location is within a commercial corridor conversion to 30-minute parking is appropriate. STAFF RECOMMENDATION: Staff recommends installation of 30-minute parking restricted from 8:OOam to 6:OOpm, Monday -Saturday, on W. 5`h Street adjacent to 438 National City Boulevard (Star Automotive) to create higher parking turnover for customers and alleviate vehicle storage issues. EXHIBITS: 1. Location Map 2. Photos 2011-28 2 Location Map 438 National City Blvd (Star Automotive) Star Automotive, 438 National City Blvd (looking north) Star Automotive, 438 National City Blvd (looking northwest) 4 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 30-MINUTE PARKING, WITH SIGNS, RESTRICTED FROM 8:00 A.M. TO 6:00 P.M., MONDAY THROUGH SATURDAY, Thm 't/EST 5TH STREET ADJACENT TO 438 NATIONAL CITY BOULEVARD ,STAR AUTOMOTIVE) TO CREATE HIGHER PARKING TURNOVER FOR CUSTOMERS AND ALLEVIATE VEHICLE STORAGE ISSUES WHEREAS, the owner of Star Automotive located at 438 National City Boulevard has requested time -restricted parking on West 5th Street adjacent to her business to create higher parking turn -over for her customers, and alleviate vehicle storage issues; and WHEREAS, after a sight inspection, staff determined that time restricted parking is appropriate for the location and recommends the installation of three, 30-minute parking spaces with signs, restricted from 8:00 a.m. to 6:00 p.m., Monday -Saturday, on West 5th Street adjacent to 438 National City Boulevard; and WHEREAS, at it's meeting on November 30, 2011, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of three, 30- minute parking spaces with signs, restricted from 8:00 a.m. to 6:00 p.m., Monday -Saturday, on West 5th Street adjacent to 438 National City Boulevard to create higher parking turn -over for her customers, and alleviate vehicle storage issues. PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 7 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of D Avenue and E. 20th Street to improve sight distance (TSC Item No. 20"1-29) PREPARED BY: Stephen Manganiello, Traffic Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on November 30, 2011 the Traffic Safety Committee approved the staff recommendation to install red curb "No Parking" at the intersection of D Avenue and E. 20th Street. ATTACHMENTS: Explanation z. Resolution 3. Staff Report to the Traffic Safety Committee (November 30, 2011) Explanation Ms. Guadalupe Morales, resident of National City, has requested installation of red curb "No Parking" at the intersection of D Avenue and E. 20th Street to }v^ visibility. Ms. Morales stated that it is difficult to turn out of E. 20th Street enue when cars park too dose to the corner. Ms. Morales also stated that several accidents have occurred at this intersection. Staff visited the site and observed that three of the four corners on D Avenue do not have any red curb. The northeast corner has approximately 20 feet of red curb due to the presence of a fire hydrant. The intersection is Stop controlled for E. 20th Street and uncontrolled for D Avenue. The posted speed limit on D Avenue is 35 MPH. Staff reviewed the accident history at this intersection over the past four years. There were two `reported" traffic collisions involving a vehicle traveling on E. 20th Street that failed to yield to a vehicle traveling on D Avenue. Sight distance is most critical for drivers looking left as they approach the intersection. Based on review of the accident history, existing conditions, and design standards for stopping sight distance (Caltrans Highway Design Manual), staff recommends installation of red curb "No Parking" to improve sight distance at the intersection of D Avenue and E. 20th Street as follows: 1) Install 50 feet of red curb on D Avenue, south of E. 20th Street for westbound traffic and 20 feet of red curb for eastbound traffic; 2) Install 50 feet of red curb on D Avenue, north of E. 20th Street for eastbound traffic. All work will be completed by City Public Works. TSC 2011-29 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 30, 2011 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" AT THE INTERSECTION OF D AVENUE & E. 20T" STREET TO IMPROVE SIGHT DISTANCE (BY: G. MORALES' PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Ms. Guadalupe Morales, resident of National City, has requested installation of red curb "No Parking" at the intersection of D Avenue and E. 20th Street to improve visibility. Ms. Morales stated that it is difficult to turn out of E. 20th Street onto D Avenue when cars park too close to the corner. Ms. Morales also stated that several accidents have occurred at this intersection. Staff visited the site and observed that three of the four corners on D Avenue do not have any red curb. The northeast corner has approximately 20 feet of red curb due to the presence of a fire hydrant. The intersection is Stop controlled for E. 20th Street and uncontrolled for D Avenue. The posted speed limit on D Avenue is 35 MPH. - Staff reviewed the accident history at this intersection over the past four years. There were two "reported" traffic collisions involving a vehicle traveling on E. 20th Street that failed to yield to a vehicle traveling on D Avenue. Sight distance is most critical for drivers looking left as they approach the intersection. STAFF RECOMMENDATION: Based on review of the accident history, existing conditions, and design standards for stopping sight distance (Caltrans Highway Design Manual), staff recommends installation of red curb "No Parking" to improve sight distance at the intersection of D Avenue and E. 20`h Street as follows: 1) Install 50 feet of red curb on D Avenue, south of E_ 20th Street for westbound traffic and 20 feet of red curb for eastbound traffic; 2) Install 50 feet of red curb on D Avenue, north of E. 20th Street for eastbound traffic. EXHIBITS: 1. Location Map 2. Photos 2011-29 2 Location Flap with Recommended Improvements Existing fire hydrant with 20' red curb "No Parking Intersection of D Ave & E. 20th St, west leg (looking north) Intersection of D Avenue & E. 20th Street, east leg (looking south) 4 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" AT THE INTERSECTION OF D AVENUE AND EAST 20TH STREET TO IMPROVE SIGHT DISTANCE WHEREAS, a resident of National City has requested installation of red curb "No Parking" at the intersection of D Avenue and East 20th Street to improve visibility; and WHEREAS, based on review of the accident history, existing conditions, and design standards for stopping sight distance, staff recommends installation of red curb "No Parking" to improve sight distance at the intersection of D Avenue and East 20th Street as follows: 1. Install 50 feet of red curb on D Avenue, south of East 20th Street for westbound traffic, and 20 feet of red curb for eastbound traffic; 2. Install 50 feet of red curb on D Avenue, north of East 20th Street for eastbound traffic; and WHEREAS, at it's meeting on November 30, 2011, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 50 feet of red curb on D Avenue, south of East 20th Street for westbound traffic, and 20 feet of red curb for eastbound traffic; and the installation of 50 feet of red curb on D Avenue, north of East 20th Street for eastbound traffic. PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 8 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of D Avenue and E. 22nd Street to improve sight distance (TSC Item No. v)11 r' PREPARED BY: Stephen Manganiello, Traffic Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering Jc/ FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on November 30, 2011 the Traffic Safety Committee approved the staff recommendation to install red curb "No Parking" at the intersection of D Avenue and E. 22nd Street. ATTACHMENTS: Explanation z. resolution 3. Staff Report to the Traffic Safety Committee (November 30, 2011) Explanation Based on requests from residents, staff was asked to review the accident history Inc evaluate sight distance at the intersection of D Avenue and E. 22nd Street. 1.3d the site. The intersection is a "T" intersection having only 3 legs — north, south and west. The intersection is Stop controlled for E. 22"d Street and uncontrolled for D Avenue. The posted speed limit on D Avenue is 35 MPH. Staff confirmed that there is no red curb on D Avenue at the intersection. When vehicles park too close to the corners, visibility can be obscured. Staff reviewed the accident history at this intersection over the past four years. While there were no "reported" traffic collisions related to visibility constraints at the intersection, staff recommends installation of red curb "No Parking" on D Avenue at E. 22nd Street to prohibit vehicles from parking too close to the intersection. Sight distance is most critical for drivers looking left as they approach the intersection. Based on evaluation of existing conditions and review of design standards for stopping sight distance (Caltrans Highway Design Manual), staff recommends installation of 40 feet of red curb on D Avenue, north of E. 22nd Street and 20 feet of red curb on D Avenue, south of E. 22"d Street for eastbound traffic. All work will be completed by City Public Works. TSC 2011-30 1 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 30, 2011 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" AT THE INTERSECTION OF 0 AVENUE & E. 22ND STREET TO IMPROVE SIGHT DISTANCE (BY: RESIDENTS OF NATIONAL CITY) PREPARED BY: DISCUSSION: Stephen Manganiello, Engineering Division Based on requests from residents, staff was asked to review the accident history and evaluate sight distance at the intersection of D Avenue and E. 22"d Street. Staff visited the site. The intersection is a "T" intersection having only 3 legs — north, south and west. The intersection is Stop controlled for E. 22"d Street and uncontrolled for D Avenue. The posted speed limit on D Avenue is 35 MPH. Staff confirmed that there is no red curb on D Avenue at the intersection. When vehicles park too close to the comers, visibility can be obscured. Staff reviewed the accident history at this intersection over the past four years. While there were no "reported" traffic collisions related to visibility constraints at the intersection, staff recommends installation of red curb "No Parking" on D Avenue at E. 22"d Street to prohibit vehicles from parking too close to the intersection. Sight distance is most critical for drivers looking left as they approach the intersection_ STAFF RECOMMENDATION: Based on evaluation of existing conditions and review of design standards for stopping sight distance (Caltrans Highway Design Manual), staff recommends installation of 40 feet of red curb on D Avenue, north of E. 22"d Street and 20 feet of red curb on D Avenue, south of E. 22"d Street for eastbound traffic. EXHIBITS: 1. Location Map 2. Photo 2011-30 2 Location Map with Recommended Improvements Intersection of f) Ave & E. 20th St, west leg (looking north) 4 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" AT THE INTERSECTION OF D AVENUE AND EAST 22ND STREET TO IMPROVE SIGHT DISTANCE WHEREAS, staff has received numerous requests to review the accident history and evaluate sight distance at the intersection of D Avenue and East 22nd Street; and WHEREAS, after inspection of the site, staff recommends installation of 40 feet of red curb "No Parking" on D Avenue, north of East 22nd Street, and 20 Feet of red curb "No Parking" on D Avenue, south of East 22nd Street to improve sight distance; and WHEREAS, at it's meeting on November 30, 2011, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 40 feet of red curb "No Parking" on D Avenue, north of East 22nd Street, and 20 Feet of red curb "No Parking" on D Avenue, south of East 22nd Street to improve sight distance. PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 9 _ _ EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Project Professionals Corporation for a not -to -exceed amount of $376,679.00 and uthorizing a 25% contingency amount up to $94,169.75 to provide Construction Management and Inspection Services for the City's $3.5 million 8th Street Sewer Replacement and Utility Underaroundina Project. PREPARED BY: Aria Noorazar PHONE: (6191336-4414 EXPLANATION: DEPARTMENT: Development Services -Engineering Division APPROVED BY: On August 4, 2011, the City issued a Request for Proposals (RFP) for Construction Management and Inspection Services for the 8th St Sewer Replacement and Utility Undergrounding Project. On August 29, 2011 seven proposals were received. A three -member panel of Development Services staff reviewed the proposals and selecting four firms for interviews. After considering experience, costs to the City and ability to perform desired services, Project Professionals Corporation was selected to provide Construction Management and Inspection services for the project. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Sewer Replacement for 8th Street: $220,848.75 in #125-409-500-598-2027; 2011 Tax Allocation Bond (Capital Improvement) for 8th Street: $200,000 in #524-409-500-598-3918; Street Resurfacing for 8th Street: $50,000 in #307-409-500-598-3918 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: X STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Agreement 2. Resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION FOR A NOT -TO -EXCEED AMOUNT OF $376,679 TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 8TH STREET SEWER REPLACEMENT AND UTILITY UNDERGROUND PROJECT, AND AUTHORIZING 25% CONTINGENCY UP TO $94,169.75 FOR UNFORESEEN PROJECT NEEDS WHEREAS, the City desires to employ a consultant to provide construction management and project inspection services for the City's $3.5 Million 8th Street Sewer Replacement and Utility Undergrounding Project; and WHEREAS, the City has determined that Project Professionals Corporation is qualified by experience and ability to perform the services desired by the City, and Project Professionals Corporation is willing to perform such services for the not -to -exceed amount of $376,679. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Project Professionals Corporation to provide construction management and project inspection services for the City's $3.5 Million 8th Street Sewer Replacement and Utility Undergrounding Project for the not -to - exceed amount of $376,679. Said Agreement in on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a contingency amount up to $94,169.75 for unforeseen project needs. PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION THIS AGREEMENT is entered into this 10th day of January, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PROJECT PROFESSIONAL CORPORATION (the "CONSULTANT "). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Construction Management and Inspection Services for the 8'h Street Sewer Replacement and Utility Undergrounding Project. WHEREAS, the CITY has determined that the CONSULTANT is a construction management firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. FOLLOWS: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1. ENGAGEMENT OF CONSULTANT . The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT . 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT , from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 25% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility fc, :e 1 progress and execution of this Agreement for the CONSULTANT. Bryon Wade thereby is designated as the Project Director for the CONSULTANT . 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings s'.•,le `7clude labor classifications, respective rates, hours worked and also materials, if any. fhe total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT 's written work product for the CITY's purposes, and the CONSULTANT expressly waives and 2 2 City's Standard Agreement — May 2008 revision disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prena-,- by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 respect to the effect of the modification or reuse by the CITY, or for any liability to uid the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT . Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT 'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT 's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANT s, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT (s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT 's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT 's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT , its agents, servants, and employees are as to the CITY wholly independent CONSULTANT s and that the CONSULTANT 's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT , in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT , and each of its subCONSULTANT s, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatevernature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 3 3 Citys Standard Agreement — May 2008 revision 12. STANDARD OF CARE. A. The CONSULTANT , in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT 'S trade or profession currently practicing under editions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT 's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT 's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT , hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. 4 4 City's Standard Agreement — May 2008 revision The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting fn, ,f,rmation or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT 's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT , at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANT s, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S/CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall no! 5 5 Citys Standard Agreement — May 2008 revision contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, 6 6 City's Standard Agreement - May 2008 revision e✓iocnca and attorneys' fees, except that the arbitrator may assess such expenses or any part Thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written '-) the CONSULTANT . During said 60-day period the CONSULTANT shall perform all accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT , whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT 's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT ; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Stephen Manganiello, Acting City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 7 7 City's Standard Agreement — May 2008 revision To the CONSULTANT : Byron Wade PROJECT PROFESSIONALS CORPORATION 656 5th Avenue, Suite W San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this 8 8 City's Standard Agreement - May 2008 revision Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are y incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 1. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: CLAUDIA G. SILVA City Attorney By: Pr.fessionals Co oration (Title) (Title) 9 City's Standard Agreement — May 2008 revision PROJECT PROPESSIOh ,4LS CDRPORAT1ON: August 12, 2011 Steve Manganiello, City Traffic Engineer City of National City 1243 National City Blvd. National City, CA 91950 RE: Construction Management and Inspection Services for the City of National City, 8th Sewer Replacement and Utility Undergrounding Dear Steve, I am submitting this proposal in response to your Request for Proposals to provide Construction Management and Inspection services for the abovementioned project. Legal Name and Address of the Company & Address of the Office Working on the Project Project Professionals Corporation 656 51h Avenue, Ste W San Diego, CA 92101 Legal Form of the Co�any `S' Corporation Contact Information for Corporate Representative Byron S. Wade, President/CEO 656 5th Avenue, Ste W San Diego, CA 92101 Office 619.794.0182 Cell 619.244.3418 Fax 619.794.0180 Email: byron@projectprofessionalscorp.com Web: www.projectprofessionalscorp.com Insurance Requirements and Certificates All required approved insurance certificates and endorsements are currently on file with tna City. 656 5-r' AVENUE, SUITE W SAN DIEOO, CALIFORNIA 921 ❑ I ProiectProfessjorlalsCorpCOAT TELEPHONE 61 9.794.01 R2 FACSIMILE 6.1 9:794.01 0❑ 10 City of National City Professional Services Proposal tree Sewer Replacement and Utility Undergrounding Project Page 2of6 Huout Project Professionals Corporation PPC's construction management and inspection personnel are highly experienced and uniquely qualified to manage and inspect public works projects. Processing submittals, RFI's, approving schedules, keeping project files, coordinating with engineers, contractors, and inspectors, knowing the Greenbook and basic engineering principals is just the beginning. Understanding the legal principals and current law of public contracts is essential in the enforcement and administration of public works projects. Meeting agendas. minutes and change orders are carefully crafted since they can have unintended legal consequences if the party performing these services is unaware of the potential legal entanglements. At PPC we are experts at negotiating and drafting clear and binding change orders. Contractors are becoming more sophisticated and desperate for extras in these lean times. Protecting public funds is more challenging and knowing what the current law is on any issue is a must. PPC anticipates potential issues before they become costly and takes appropriate steps to mitigate damages and claims. PPC's Principal, Byron Wade, has over 25 years of experience managing every type of public works project. Problem solving is a critical skill that Byron and PPC staff will bring to this project. Our Senior Inspector on the project will be James Biasi. Mr. Biasi brings over 30 years of inspection, management and civil engineering experience in the area to the job. Supporting Project Manager, Michael McDonnell also brings the unique and highly valuable asset of being a licensed California Attorney. The importance of good public outreach cannot be overstated. PPC is very serious about protecting the integrity of National City and its staff as we represent the City on projects. We are genuinely concerned about every citizen's opinions and issues with each project. PPC has a standing policy of immediate response and resolution to every citizen complaint and keeping the City informed of all issues in a timely manner. PPC's CFO Leanne Wade is a Certified Public Accountant and brings expertise in public finance management and analysis that can be utilized for all financial issues. Part of closing out a project is the final walk and punch list. It takes years of experience to define the line between acceptable and unacceptable work. PPC staff brings this type of expertise to every project. 656 Sr" AVENUE, SUITE W SAN DIEGO, CALIFORNIA 92 1 0 1 ProiectProfessjonalsCorocom TELEPHONE 619.794.0182 FACSIMILE 6 1 9.794.01 B0 11 City of National City Professional Services Proposal 8`h Street Sewer Replacement and Utility Undergrounding Project Page 3 of 6 PPC will perform final walkthroughs and turnovers, draft punch lists, gather and review warranties, manuals and as -built drawings. The job's not done until the paperwork is finished. PPC's record keeping and file system are second to none. Finally, a project closeout should include the review and input of any stakeholders that were part of the whole process or are responsible for the future maintenance of the improvement. This will avoid difficult issues in the future if an unhappy stakeholder brings up issues after the project is closed out. PPC has developed excellent working relationships with all of National City's maintenance department heads and personnel that will be utilized throughout the project as necessary. At the end of each project a complete project file will be turned over to the City for their archives. Scope of Services Construction Management: 1. Enforce all terms and conditions of all contract documents. 2. Attend/chair all project related meetings. a. Weekly project meetings will be held as a minimum. b. Other site and office meetings will be held as required to address issues that cannot wait for the weekly meeting. 3. Take, process and distribute meeting minutes. 4. Track and document project schedule and scope of work compliance. a. Prepare, distribute and enforce Weekly Statements of Contract Time. b. Review, approve/reject and track the contractor's proposed full construction schedule and weekly updates. 5. Process and track construction related RFI's and submittals. 6. Coordinate soils and material testing. 7. Coordinate with utility companies and lead problem solving on utility issues. 8. Review soils and material test results for conformance with contract documents. 9. Review, estimate and approve payment quantities. 10. Prepare and process payment invoices. 11. Review, negotiate, recommend and draft change orders for City approval as necessary. 12. Provide value -engineering recommendations throughout the project with an eye towards the final streetscape project. 13. Principal Project Manager shall visit the construction site daily to track progress, insure public relations effort and lead problem resolution. 14. Maintainthe master construction file. 15. Lead and direct public relations effort. a. Develop informational flyer and distribute to local businesses and residences. 656 5'" AVENUE, SUITE W SAN DIEGO, CALIFORNIA 92101 Prolect Professio na l s Com. com 12 TELEPHONE 6.1 9:794.01 a FACSIMILE 619.794.01 80 City of National City Professional Services Proposal bth Strec., .fewer r.eplacement and Utility Undergrounding Project -age 4ot6 b. Make contact and coordinate all issues (access, trash pick-up, deliveries, etc.) with all effected properties prior to commencing adjacent construction and during construction activities. c. Coordinate utility undergrounding conversion efforts with all businesses and residents. d. Coordinate timing of any code compliance issues that may affect the utility undergrounding effort for the new service connections. • 16. Collect and review certified payroll records. 17. Perform all labor compliance duties: a. Communicate certified payroll requirements to the contractor and subcontractors at the pre -construction meeting. b. Set up and maintain certified payroll files. c. Accept and review all certified payroll documents. d. Perform on -site labor interviews (listed bellow under inspection services). e. Communicate and enforce all necessary corrective actions with contractor, City and Labor Commissioner when necessary. 18. Perform final walkthrough. 19. Develop, distribute and enforce final punch list. 20. Perform turnover duties to City Public Works Department. 21. Finalize the project per City policy and standards. Inspection: 1. Inspect all aspects of all work performed and improvements installed to insure conformance with project plans, documents and specifications for construction materials and method compliance. 2. Keep daily reports that document; a. Work performed and improvements installed and whether they are acceptable. b. Material and improvement quantities for payment. c. Contractor and subcontractor personnel for certified payroll audit and perform certified payroll interviews. d. All materials and equipment used on the project, e. Weather conditions. f. Unforeseen or changed conditions. g. Communications with the contractor or subcontractors. h. Communications with business and residents. i. Safety conditions and violations. j. Accidents of any kind. k. Communications with City staff that directs the project different from the contact documents. 3. Photo document the project daily. 656 5T" AVENUE, SUITE W ProiectProfessionalsCorp.com TELEPHONE 61 9.794.01 e2 SAN DIEGO, CALIFORNIA 921 ❑ 1 FACSIMILE 6 1 9.794.01 80 13 City of National City Professional Services Proposal S h Street Sewer Replacement and Utility Undergrounding Project Page 5 of 6 4. Communicate any unforeseen or changed conditions to the City and Project Manager in a timely fashion and take action as necessary. 5. Ensure testing of materials by others is completed as required. 6. Participate in change order negotiations. 7. Review project safety and traffic control for compliance with permits. 8. Review project BMP's for compliance with permits. 9. Communicate any safety violations, accidents and water quality control issues to the City and Project Manager in a timely fashion and take action as necessary. 10. Act as liaison with businesses and residents when necessary. 11. Participate in final walkthrough of the project. 12. Participate in the development and enforcement of the final punch list. 13. Keep as -built notes and drawings throughout the project. The Principal Project Manager shall manage and coordinate all PPC efforts, attend all meetings, visit the worksite regularly, meet and confer on all construction and public relations issues, negotiate all change orders, review and make recommendations on submittals, RFI's and invoices, collect and analyze all project quantities for daily ongoing budget control and analysis and process invoices and change orders. The Project Manager shall substitute for the Principal Project Manager where appropriate. There shall be 1 Senior Inspector for 8 hours per day, 5 days per week for the duration of the project. Your RFP estimates the project schedule to be between 12-15 months. The Administrative Assistant/Certified Payroll Officer shall maintain all project files, collect and review certified payroll documents and coordinate with the contractor on all corrections. Upon review of the plans of the project it can be anticipated that there could be substantial overlap of the phases of work such that the project construction time should be closer to 10-12 months rather than 15 months. For purposes of this proposal the attached sealed cost estimates project costs based on a 10-month period for time & material. So as to be responsive to your RFP, if the project runs over 10 months the hourly rates indicated in the original estimate will remain in effect regardless of the length of the project. The time/cost required can be estimated by adding similarly spread hours to any additional time. The project cost estimate proposal is based on a 10-month construction schedule and can be apportioned by type of work in the following percentages of the whole: Sewer replacement 50% Utility undergrounding 47% Resurfacing Highland to K St. 3% 656 5T" AVENUE, SUITE W SAN DIEGO, CALIFORNIA 92 1 D 1 ProlectProfessionalscorp_com TELEPHONE 6 1 9. 794.0 1 8 2 FACSIMILE 619.794.018D 14 City of National City Professional Services Proposal ever Replacement and Utility Undergrounding Project Page E of 6 f ne proposed project staff will be: Byron Wade, Principal Project Manager Jim Biasi, P.E., Senior Inspector Michael McDonnell, Project Manager (in lieu of Principal where appropriate) Jessica Schedine, Administrative Assistant/Certified Payroll Officer Roberto Saucedo, Principal Civil Engineer, (bi-lingual community outreach engineer) Thank you for this opportunity to serve the City of National City on this project. Sincerely, 656 STD AVENUE, SUITE W SAN DIEGO, CALIFORNIA 92 1 ❑ 1 ProjectProfessionalsCorp.com TELEPHONE 6 19.794.01 H2 FACSIMILE 619.794.0190 15 Cost Proposal for Design and Project Management Citywide Sewer Rehabilitation November 1, 2011 PPC Construciton Phase Estimate Task Project Management Principal Project Manager 836 Project Principal Civil Senior Civil Civil Manager Engineer Engineer Engineer 176 Senior Public Works Inspector CAD Administrative Operator Assistant Public Outreach 24 Project file maintenance Certified Payroll 166 Project Inspection As -built plans Project close-out Total Hours/Units Rates per hour/unit Totals 8' 4, 1,660 250 6 2 852 180 26 150 105 165 127.800 18,900 4,290 Hopwood Lubconsultants: Orie2 Eng. ________ v _ Surveying (Subconsultant's detailed estimate attached) ode, President/CEO BVE Eng. 135 125 Reimbursables: Item B&W Copies/Prints 8 1/2" x 11" Color Copies/Prints 8 1/2" x 11" Paper D Sheets Mylars CD Roms Binder, 2" Binder, 3" 16 1,676 116 194,416 Units 24 24 75 1,800 4 Total 426 68 28,968 $ 376,174 Unit Quantities Each $ 0.20 300 Each $ Each $ Each $ Each $ Each $ Cost/Unit 1.00 0 10.00 25 30.00 0 5.00 1 22.00 0 Total Total A ) 120^ 250 5 Each $ 26.00 5 130 Total Estimated Reimburseable Expenses $ 505 Total Estimated Consulting Fee (above) $ 376,174 Total Cost Estimate $ Y 376,6,79 D CERTIFICATE OF LIABILITY INSURANCE 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. ['HIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S)- AUTHORIZED REPRESENTATIVE DR 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 endorsement(s). PRODUCER if RN INSURANCE BROKERAGE 9655 GRANITE RIDGE DR STE 500 SAN DIEGO, CA 92123 (888) 861-3938 X0052 882 DATE (MM/DD/YYYY) 08/17/2011 INSURED PROJECT PROFESSIONAL CORP 656 FIFTH AVFNIJE STE. W SAN DIEGO, CA 92101 COVERAGES CONTACT NAME: PHONE INC, No, Est): (888) 681-393U E-MAIL ADDRESS: Service.centeri5travelers.com PRODUCER CUSTOMER ID 8. 1104EA146 FAX (A/C, No)' (877) 552-6091 INSURER(S) AFFORDING COVERAGE INSURER A:TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA NAIC k INSURER B. TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA INSURER Q INSURER D: INSURER E. INSURER F: CERTIFICATE NUMBER: 652271604081322 REVISION NUMBER: 1 HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FUR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTR.ACI OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED I IEREIN IS SUBJECT TO Al. L. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POI. ICIFS LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE B GENERAL LIABIITY x COMMERCIAL GENERA' 1 (ABILITY L AIMS -MADE IIRFFJ AUTO x OCCUR !JON OWNED AUTO GFNL AGGREGATE LIMIT APPLIES PER. FRO- POI.ICY IAIJECT FLOC ADDL INSR x SUER WVD POLICY NUMBER 680-9688P418-11 POLICY [FF (MMIDD/YYYY) 05/10/2011 POLICY EXP (MM/DDlYYYY) 05/10/2012 EACH OCCURRENCE LIMITS $2 000,000 DAMAGE IO RENTED PREMISES (Ea ocwnerce MED EXP (illy one person) PERSONAL 8 ADV INJURY $ 300, 000 $ 5,000 $2,000,000 GENERAL AGGREGATE $4,000,000 PRODUCTS- COMPiOPAGG $4,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUI OS UMBRELLA LIAB EXCESS LIAR COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Pei accident) PROPERTY DAMAGE (Per accident) $ OCCUR CLAIMS -MADE DEDUCTIBLE RETENTION $ A WORKERS COMPENSATION AND FMPLOYERS' LIABILITY ANY PROPHIEIOR''PARTNER✓EXECUTIVE OFFICER/MEMBER EXCLUDED' (Mandatory in NH) I( yes, describe under SPECIAL PROVISIONS below YIN I N/A UB-1329R331-11 EACH OCCURRENCE $ AGGREGATE $ 05/10/2011 05/10/2012 x NC STAI U- TORY LIMITS OTH ER $ E L EACH ACCIDENT $ 1,000,000 FI DISEASE CA EMPLOYEE 1,000,000 E.L. DISEASE POLICY! (MIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is I eguired) AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOLDER IS ADDITIONAI INSURED DESIGNATED PERSON/ORGANIZATION, CG T4 91 _ CERTIFICATE HOLDER CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 CANCELLATION 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 © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 17 TRAVELERS) ONE TOWER SQUARE [IARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) — 001 POLICY NUMBFR: (IJtJB-1329R33-1-11) 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 rnaintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAI 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: 03-31-11 STASSIGN: 18 TRAVELERS J One Tower Square, Hartford, Connecticut 06183 CHANGE ENDORSEMENT INSURING COMPANY: TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA Named Insured: PROJECT PROFESSIONAL CORP Policy Number: I-680-9688P418-ACJ-11 Policy Effective Date: 05-10-11 Policy Expiration Date: 05-10-12 Issue Date: 08-16-11 Premium $ NIL Effective from 05-10-11 at the time of day the policy becomes effective. THIS INSURANCE IS AMENDED AS FOLLOWS: TRANSACTION EFFECTIVE DATE IS AMENDED TO 08/11/2011 ADDITIONAL INSUREDS ARE ADDED TO THE POLICY AS PROVIDED UNDER THE ATTACHED ENDORSEMENT(S): CG T4 91 THE FOLLOWING FORMS AND/OR ENDORSEMENTS IS/ARE INCLUDED WITH THIS CHANGE. THESE FORMS ARE ADDED TO THE POLICY OR REPLACE FORMS ALREADY EXISTING ON THE POLICY: CG T4 91 11 88 NAME AND ADDRESS OF AGENT OR BROKER Countersigned by AHERN INSURANCE BRKRG X0052 9655 GRANITE RIDGE DR STE 500 SAN DIEGO CA 92123 DATE: Authorized Representative IL TO 07 09 87 (Page 01 of 01) Office: ELMIRA N`' "R':' CT 19 POLICY NUMBER: I-680-9688P41B-ACJ-11 EFFECTIVE DATE: 05-10-11 ISSUE DATE: 08-16-11 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 07 09 87 CHANGE ENDORSEMENT IL T8 01 01 01 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS COMMERCIAL GENERAL LIABILITY CG T4 91 11 88 ADDL INSD-DESIGNATED PERSON/ORGANIZATION IL T8 01 01 01 PAGE: 1 OF 1 20 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: I-680-9688P418-ACJ-11 ISSUE DATE: 08-16-11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your acts or omissions. CG T4 91 11 88 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 21 ```" CERTIFICATE OF LIABILITY INSURANCE DATEIMMDD/YYYY) 5/9/2011 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 endorsement(s). PRODUCER Michael Ehrenfeld Company 2655 Camino Del. Rio North #200 San Diego CA 92108 CONTACT Ginn• NAME: ]. Hanna (ARC No F.D. (619) 683-9990 FAx (A/C No1' 619)6B3-9999 E-MAIL h@ehrenfeldinsurance.com ADDRESS:9 INSURER(S) AFFORDING COVERAGE NAIC # INsuRERA:Continental Casualty_ Company 20993 INSURED Project Professionals Corporation 656 5th Ave., Ste. W San Diego CA 92101 INSURER B : INSURERC: INSURERD: INSURER E INSURER F • _--...-_-.._..-...—_-____-__-_ n.rvioiun NuivitICK: THIS IS ID 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUER MD POLICY NUMBER POLICY EFF IMMJJDOryYYY) POLICY EXP (MM,DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -LINO[ OCCUR MED EXP (Any one person) $ -- PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES —I PRO- PER'. PRODUCES - COMP/ON AGG $ POLICY n IFCT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT IEa aacidenI) $ A ANY AUTO ALL O1a1NED SCHEDULED BODILY INJURY (Per person) $ A AUTOS A AUTOS NON -OWNED BODILY INJURY (Per accident) $ I I TIRED ADIOS AUTOS PROPERTY DAMAGE (Per amiden1) $ UMBRELLA LIAB EXCESS OCCUR EACH OCCURRENCE $ LIAB CLAIMS -MADE AGGREGATE DED RETENT ON$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC STAID- TORY I IMITS OTH- FR ANY PROPRIETORJPARTNLR/EXECU I NE OFFICER/MEMBER EXCLUDED', f I NIA E.L. EACH ACCIDENT, $ (Mandatory In NH) If yes, describe under CL. DISEASE - EA EMPLOYEE $ D DESCRIPTION Or OPERATIONS Leber F.L. DISEASE - POLICY LIMIT $ A Professional Liability Claims-made/$10,000 ded. P,CA2B8328552 5/10/2011 5/10/2012 par claim limn $1,000,000 aggrega+olimn $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, B more space Is required) Certificate holder is named additional insured as respects the operations of the named insured. r,onClr it-rc Lunt earn ANCELLATION City of National City, its elected officials, officers, agents and employees Attn: Darby Tipton 1243 National City Blvd. National City, CA 91950 ACORD 25 (2010/05) INS025(201005)01 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 David Jacobson/GLH © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 22 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 10 :M TITLE: Resolution of the City Council of National City authorizing the Mayor to execute an Agreement with URS Corporation for a not -to -exceed amount of $100,000 and authorize a 25% contingency amount up to $25,000 to provide on -call Program Management services for the City's Bond/Capital Improvement Program (funded by various Capital Improvement Project funds, no General Funds) PREPARED BY: Lynn Col PHONE: 619-336-4318 EXPLANATION: Please see attached. DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: APPROVED: T AJk.A Finance ACCOUNT NO. APPROVED: MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an As -Needed basis. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution EXPLANATION This year's Capital Improvement (CIP) Program currently has 40 projects, totaling over $40 million. The City's 5-year CIP proposes over $120 million in prof(:„ts. The CIP is funded by over 20 funding sources, having specialized and accounting requirements, deadlines for expenditures, and restricted uses. Funding sources include the 2011 Tax Allocation Bond, various Federal and State appropriations and grants, and local funds. In order to keep these projects on schedule and within budget, and to ensure appropriate use of funds, the Development Services Department solicited proposals for a Program Manager for the City's Bond/Capital Improvement Program. On August 16, 2011 staff informed City Council of its intent to solicit proposals from qualified firms. On August 22, 2011, the Request for Proposal was emailed to 114 firms, and posted on the City's website. On September 6, 2011 ten proposals were received. A four -member panel of Development Services Staff reviewed the proposals and selecting three firms for interviews. After considering experience, costs to the City and ability to perform desired services, URS Corporation was selected to provide Program Management support for the City's Bond/Capital Improvement Program. Typical services will include, but are not limited to, project tracking, cost control, reporting, and on- and off -site staff support. URS Corporation's cost proposal is $100,000, as outline in the attached Agreement. Staff recommends approval of the Agreement and requests a 25% contingency in the amount of $25,000 for unforeseen changes. i AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND URS CORPORATION THIS AGREEMENT is entered into this 10th day of January, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and URS Corporation, (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call Program Management staffing (on and off -site) for the City's Bond/Capital Improvement Program. WHEREAS, the CITY has determined that the CONSULTANT is a project management firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 25% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Brian Norris, thereby is designated as the Project Director for the CONSULTANT. 2 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings r;h- ' include labor classifications, respective rates, hours worked and also materials, if any. st for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit amount) without prior written authorization from the Stephen Manganiello. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates on January 9, 2014. With rnutual agreement of parties, contract may be extended for period of one (1) year. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULT...i•tT': written work product for the CITY's purposes, and the CONSULTANT expressly waive ,u disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relat g o intellectual property and artistic works. 2 RPS A. Agreement between City and UPS 3 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was Timed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT [CHOOSE ONE]. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT [CHOOSE ONE]'s employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTAN's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable Slate and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement_ 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under 3 RPSA: Agreement between City and URS similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years u,:en debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY tor any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 4 RPSA: Agreement between City and UPS 5 CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR/ CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT [CHOOSE ONE]'s negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar stale or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT [CHOOSE ONE], at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANT [CHOOSE ONE]s, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000. lif coverage is provided on a claims made basis, insurance must show coverage date prior to start of work and it must be maintained (4) years after completion of work. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 5 RPSA: Agreement between City and UF<S G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I_ Insurance shall be written with only California or authorized admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A Vill according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorneys fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-days written 6 RPSA: Agreement between Gty and URS 7 notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the r'Ott`_.'' F'4T in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANTs breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONSULTANT City of National City Stephen Manganiello, Acting City Engineer 1243 National City Boulevard National City, CA 91950-4301 URS Corporation Brian Norris, Vice President 4225 Executive Square, Suite 1600 La Jolla, CA 92037 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the 7 RPSA: Agreement between Cily and JKS notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT .u;S. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code, The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter corning before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely mariner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods_ If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Tirne of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B, Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision, hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8 RPSA: Agreement between City and URS 9 Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or premise made by either party hereto, or by or to an employee, officer, agent or representative rh hereto shall be of any effect unless it is in writing and executed by the party to he uvut ie i lereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: CLAUDIA G. SILVA City Attorney URS CORPORATION By: 9 (Title) RPSA- Agreement between city a ,d URS 10 EXHIBIT "A" December 7, 2011 ri b,....I lvlanager for City's Bond/Capital Improvement Program Scope of Services Overview URS has developed the following scope of work based on the initial Request for Proposals (RFP) issued by the City of National City, and URS's subsequent pre -award meetings of November 151, 2011 and December 7th, 2011. It is presumed that the Program Manager will be co -located within the offices of National City, and that services will be on an as -needed basis as required by National City in the successful delivery of the City's Bond/Capital Improvement (CIP) Program. Scope of Work A. General Services The Program Manager will work under the direction of the City's Development Services Director/City Engineer and assigned staff. The Program Manager is expected throughout all phases of the Program to: • Plan, manage, coordinate and control all aspects of the Program • Advise/assist City in assessing projects that can be Design -Build (DB); assist City in putting together DB teams. • Have the ability to work independently, guided through broad direction • Become familiar with and adhere to related City policies and Municipal Codes. Determine project ciated applicable regulations, codes, bylaws, etc., and where necessary, work with authorities having jurisdiction to ensure that all requirements for prevailing wage contracts are accomplished. • Comply with grant requirements (State and Federally funded) • Provide overall coordination and implement controls to ensure that projects are completed efficiently • Establish, monitor and control projects with progressive reviews including scope, cost, schedule and risk • Identify and assess scope, schedule and budget changes and make recommendations to bring into compliance with Program goals and objectives • Assist with set-up of project cost accounting. Familiarity with City's Financial Accounting System (Eden). • Identify and advise City of any potential obstacles or issues that need special attention during the program; assess options, recommend preferred approach and implement as required • Regularly assess the status of work, establish and administer quality assurance and control programs for projects • Ensure all reports and submissions are identified and included in the project's schedule of deliverables • Implement project data control and retrieval systems (files: digital and hardcopy) to fully track the evolution of decisions, ensure appropriate approvals are obtained and preserved, and be able to provide copies of documents within 24 hours of receiving a request. Ensure all activities, especially decisions and financial commitments, are documented, tracked and retrievable on request • Maintain proper project records in a'format acceptable to City and turn over program documents at completion of the Program, and at such times as City may require • Properly close projects including but not limited to final summary balance sheet, Notice of Co i,6.:Je: ant: retention release • Other general services in support of the bond program Program Manager for City's Bond/Capital Improvement Program Scope of Services URS 11 B. Communications and Project Status Reports Through all phases of the projects, be responsible for maintaining an open communication process and developing a strategy to keep all interested parties informed as to the ongoing progress. This includes, but is not limited to: Developing and implementing a comprehensive communications strategy throughout the program to keep all interested parties informed of various projects progress. Communication methods include hard copy (print materials) and digital communications (use of websites). Prepare project management reports and summaries covering: • Budgets by activity/contract showing to date and expected committed and anticipated costs • Scheduled and actual progress of work • Bidding and contractual issues • Design status/construction status • Scope changes and scope status • Issues and risks • Three month look -ahead C. Project Scope and Control Requirements Through all phases the Program Manager will be responsible to: • Review all existing documentation and implement a process to better define projects • Define responsibilities of all parties and ensure that all required work is included in program plan • Implement controls and systems to verify compliance with the program plan • Identify, monitor and assess all project scope changes and implement change control system • Ensure various elements of the program are properly coordinated and consistent • Other general services in support of the bond program D. Design, Contract Document, and Schedule Control Through all phases, the Program Manager will be responsible to prepare and monitor the design, construction/contract document process and scheduling, including: • Attend design meetings; monitor and control the design process • Implement change control procedures • Prepare a comprehensive and detailed master CIP project schedule using project management software to include work of architects, engineers, and other consultants, City staff and any other involved in the Program. • Clear identification of tasks, linkages and responsibilities • Note all key milestones, such as various project deliverables • Monitoring and updating of all project schedules on critical paths • Identify issues and risks related to project schedule, recommend and implement corrective measures Program Manager for City's Bond/Capital Improvement Program Scope of Services 21P.agc URS 12 • Prepare monthly status reports identifying work completed, variances in work completed, corrective actions to be implemented and one -month look -ahead noting key activities to be achieved ' "'^ agement and Cost Control Through all phases, the Program Manager will be responsible to prepare, monitor and control all project expenditures, including: • Deliver the projects within the overall program within the agreed budget • Working with City systems and personnel, determine appropriate reporting tools for controlling expenditures and: o Prepare projected monthly cash flows (tracking budgeted versus actual), monitor and report actual expenditures versus forecasts and submit monthly Project reports o Prepare project cost accounting reports • Monitor, control and document all changes in line item allocations, cost, change orders and potential change orders during all phases of each Project • Review and approve monthly progress billings from contractors/consultants • Maintain cost control process to provide a timely and accurate measure of expenditures, obligations, commitments and expenses against the Bond program and the Capital Improvement Program; maintain status of revenue available from the Bond program and the Capital Improvement Program. • Use standard accounting methods to tabulate, compile, and check correctness of all expenditures associated with the 2011 Tax Allocation Bond and the Capital Improvement Program based on information provided by City. F. Fee Schedule — Program Management Staffing Work to be authorized incrementally via Task Order, for a Not -to -Exceed amount of $100,000.00. Hourly rates are as follows: Program Manager (James Reed) - $179.00/hour Project Principal (Brian Norris) - $200.00/hour Project Manager (Dana Peterson, CCM) - $121.46/hour Project Controls, Senior (John Riley) - $138.86/hour Project Controls, Mid -Level (Kevin Splittgerber) - $87.00/hour Administrative (Brittney Matthiesen) - $59.50/hour Program Manager for City's Bond/Capital Improvement Program Scope of Services URS 13 September 6, 2011 Ms. Barbv Tipton City of National City 1243 National City Blvd ;ay, CA 91950 Re: Request for Proposal —Program Manager for City's Bond/Capital Improvement Program Dear Ms Tipton: On behalf of URS, 1 am pleased to submit our qualifications to provide Program Management Services for the implementation of National City's Bond and Capital.Improvement Program. Our team has strength in all the required services listed in the Request for Proposals (REP), and brings extensive Program Management experience on similar programs; both in scope and anticipated challenges. Highly Qualified Personnel Our proposed Program 'Manager, James Reed, PE, RA, LEER AP, RPA will lead our effort, and is immediately committed to National City in the successful delivery of the National City program_ Jim is a highly skilled civil engineer and architect with over 28 years of experience in both the public and private sector. Furthermore, Jim has an extensive knowledge of implementing Capital Improvement Programs while both in the Air Force and in the private sector in Southern California. Jim has both the technical acumen and the interpersonal abilities to get programs executed successfully all while working as a partner with National City. He understands the big picture and the many factors that influence CIP planning and execution, and can successfully work as an extension of your staff on all areas of planning, design, and construction. Local Knowledge and Services URS has been serving San Diego County for over 70 years and has maintained a local office with staff of more than 260 professionals all able to directly support your program on an as needed basis. National City gets the intimate service found in a small firm combined with the in depth resources of a global company all through cost effective delivery. National City gets the global industry leader with the personal touch! URS has on - point, local experience in executing Bond and CIP facility programs. Our ten years of experience in managing the San Diego Unified School District's bond programs of over $3.5B brings ununatcbed experience in this area. National Leaders in Construction Management URS Corporation (URS' is a full -service, multi -disciplined firm that provides program, project and construction management (PM/CM) services including design and engineering services. URS Holdings, Inc., our parent company, was first established as an archirccmral and engineering firm in 1904. Fleadquartered in San Francisco, URS has approximately 2,000 employees in California, with nearly 1,000 in southern California_ We look forward to presenting our proposal and discussing our experience in more detail. In the interim, if you have any technical questions, please fed free to contact James Reed at 858.795.2684 or by email at jim_reed(c urscorp.com. Contractual questions should be addressed to Brian Norris at 858.795.2680 or by email at brian_norris@trrscorp.com. Very truly yours, URS Corporation, Brian Norris, P F_, MBA Vice President URS Cuporabon 4225 Executive Squaia, Suite 1E00 Le Jolla CA 92037 Tel. 858. 812. 9292 Fax: 858. 812.9293 James Reed, PE, RA, LEED AP, RPA Program Manager 14 National City Proposal to Provide Program Management Services OUR PHILOSOPHY City's Bond f Capital Improvement Program URS does not view program management as simply an exercise in "assisting" the client in ompleting a project or series of projects. Instead, we believe a Program such as the National ''v's Bond/ Capital Improvement Program needs the management expertise of an experienced ,.,,ad -oriented program manager who has a thorough understanding, of policies, planning, operations, and construction all while placing the client's interests at the top of his priority list. Our approach is not one of merely monitoring activities and providing historical reports. Rather, IJRS provides a proactive leader who consistently monitors the quality and statics of the work, looks ahead for issues that may impact performance, recommends and implements solutions when opportunities arise, and gets the work done right the first time all in the best interest of National City. Our approach is built on lessons learned from similar program management projects with clients around the world, and more importantly throughout Southern California. Your Program is more than just a collection of capital improvements planned to bring the infrastructure system to a state of good repair and ensure regulatory compliance_ Instead, it is an extremely complex program of work that requires significant planning, coordination, and controls to successfully complete the projects on dine and within budget. We are the right firm to act as an extension of your staff in the successful delivery of your program because you need a Program Manager that will provide seamless integration with tour staff, organization, and the community. URS is that Program Manager! OVERALL QUALIFICATIONS URS Corporation (URS) is a full -service, mull -disciplined firm that provides programs, project and construction management (PM/CM) services including design and engineerutg services. URS Holdings, Inc., our parent company, was first established as an architectural and engineering firm in 1904. Headquartered in San Francisco, URS has approximately 2,000 employees in California, with nearly- 1,000 in Southern California. URS has been serving San Diego County for over 70 years and has maintained a local office with staff of more than 260 professionals all able to directly support your program on an as needed basis. National City gets the intimate service found in a small firm combined evith the in depth resources of a global company all through cost effective delivery. National City gets the global industry leader with the personal touch! National City can be assured that URS has the necessary- resources required to provide any required services throughout the length of your program all while acting as a cost effective extension of your stall URS - NATIONAL CITY'S PROGRAM MANAGER Company experience is only one part of the equation. At the end of the day, it is people who get the job done. URS brings to National City a Program Manager with unmatched strength and expertise. James `Jim" Reed, will work as your partner in the successful delivery of your bond/capital unprovenient program He is a highly -skilled architect, civil engineer, and I.RRD AP with more than 28 years of experience. Jim has extensive knowledge and experience leading programs of similar size and complexity, and is committed immediately to Natipt, a part of your project success on a full time basis_ Jim has successfully led progr._:)an ing. design, and construction programs in the Air Force, served as a design and constntction manager for the Torrey Hills 600 Acre Master Planned Development, and was i " A` v Director delivering bond/capital improvement programs that have similar complexity and requirements as the National City program. l'hc benefit_ to National City is you are receiving a Program Manager that is committed to your program, and knows how to successfully act as a partner with a Public Agency. 15 1 • ACC0RL CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11!22/2011 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 endorsomont(s). PRODUCER MARSH RISK 8 INSURANCE SERVICES 345 CALIFORNIA STREET, SUITE 1300 CALIFORNIA LICENSE NO. 0437153 SAN FRANCISCO, CA 94104 URSCOR-ALL-PROF-11-12 I AJ CA INSURED URS Corporation dba URS Corporation Americas 4225 Executive Sq , Suite 1600 La Jolla, CA 92037 COVERAGES NOc CONTACT NAME: PHONE TFAX TAX—NO-Ezf!)' LfA/G Nn)T E-MAIL ADDRESS: INSURER(S)AF FORDING COVERAGE INSURER A National Union Fire Ins Co Pittsburgh PA INSURER B Zurich American Insurance Company INSURER C: Illinois National Ins Co INSURER D : Insurance Company 0f The State Of PA INSURER E : Lexington Insurance Company INSURER F : Lloyd's Of London & British Companies NAIC a 19445100 16535100 23617001 19429100 1943700D 15/92004 ------------ ••._ „,,«..,.., -u,r. vraIVrN nhtJmtlttt:b TI IIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TI IE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDI1ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HE ISSUED OR MAY PERTAIN, 1HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 1ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADOL SUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF (MM/DDMYY) POLICY EXP (MMIDOTYYYY) LIMITS A GENERAL x1 LIABILITY X GL4870829 D5/01/2011 06/01/2012 EACH OCCURRENCE $ 2,000,000 COkI ERCIAI GFNERAL LIABILITY DAMAGE TO RENTED PREMISES j.Ea oncunence) $ 1.000.000 X CLAIMS MADE LJ OCCUR MED EXP (Any one person) $ 10,000 XCU, BFPO $ 2,000.000 X Contractual PERSONAL A ADV INJURY Liability GENERAL $ 2,000,000 AGGREGATE GENT_ AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO $ 2,000 000 POLICY 1 x 1 ri r__l LOC 8 AUTOMOBILE _ LIABILITY X BAP938521502 r OSI01,2011 0610112012 COh1Bii4 n SINGLE LIMIT Ea accident} T 2,000,000 X A ANY AUTO Alt OWNED SCHEDULED BODII Y INJURY (Per person) $ AUTOS - AUTOS NON BODILY INJURY (Per accdent) $ HIRED AUTOS _ -OWNED AUTOS PROPERTY DAMAGE ,der accident) $ UMBRELLA LIAR Y OCCUR EACH OCCURRENCE £ EXCESS LIAR CLAIMS -MADE AGGREGATE DED RETENT ON$ $ C A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N WC20635052 01001/2011 01/01/2012 X WC STATU- TORY LlMIL5 OTH- EEL C .ANY PROPRIETOR.TARTNLWEXECUTIVE OFFICER?MEMBER EXCLUDED? f N I N/A WC20635051 01/01/2011 01/01/2012 FI EACH ACCIDENT g 2,000,000 (Mandatory in NH) II yes describe under WC20635053 01/01/2011 01/01/2012 EL DISEASE- EA EMPLOYEE $ 2,003,000 D DESCRIPTION OF OPERATIONS be -Ian. WC206350541WC20635055 01/OV2011 01/01/2012 Et. DISEASE • POLICY LIMIT $ 2,000,000 E F Prof Gab w/Lmld Contractual Claims made policy 015438088 PE 11051501PE 1105490 05/01/2011 05/01(2011 06/01/2012 06/01/2012 Each Claim $1,000,000 Aggregate $1000,000 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule. if more space is required) Re: Program Management / CIP Program Deductible and Self -Insured Retention: General Liability - $1061 SIR / Automobile Liability - $ I M Deductible / Workers Compensation - $1 M Deducible / Professional Liability - $10M SIR. The Gty of National City, and its officers, agents and employees are included as Additional Insureds as respects the General Liability and Automobile Liability policies, where required by written contract CFATIFIr'ATr Mrlr rsco CANCELLATION City of National City 1213 National City Blvd. National Gty, CA 91050-4301 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 of Marsh Risk & Insurance Services Lynne Harrington ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 16 AGENCY CUSTOMER ID: URSCOR /:CO Z! Dry LOC #: San Francisco ADDITIONAL REMARKS SCHEDULE Page 2 of 2 NCY MARSH RISK & INSURANCE SERVICES POLICY NUMBER AR RIER NAIC CODE NAMED INSURED URS Corporation dba URS Corpoution Americas 4225 Executive Sq., Suite 1600 La Jolla, CA 92037 EFFECTIVE DATE, ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER• 25 FORM TITLE: Certificate of Liability Insurance The Workers' Compensation coverage shown does not apply in monopolistic states. In the States of ND, 0H, WA and WY Workers' Cornpensalion coverage is provided by the State Fund- In those Stales, the above - referenced policies provide Stop -Gap Employers Liability only. Workers Compensation policies apply as indicated below: WC20635051 - CA WC20635052 - FL WC20635053 - TX WC20635054 - AK, AL, AZ, DC, DE, HI, IA, IL, IN, KS ,LA, MD, ME, MI, MO, MS, MT, NC, NE, NH, NJ, NM, OK, PA, RI, SC, So, TN, VA, VT WC20635055 - AR, CO, C f, GA, ID, KY, MA, MN, ND, NV, NY, 0H, OR, UT, WA, WI, WV, WY Waiver of Subrogation applies in laver of the City of National City as respects the Workers Compensation policy, where required by written contract or as permitted by law. Such insurance shall be primary insurance with respects to the interest of the additional insureds and any other insurance maintained by the additional insured shaft be excess and not contributing with the insurance required hereunder ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 17 NUMBER: BAP938521502 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED ws erdorsement: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 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 etlective on the inception date of the policy unless another date is indicated below. EndorsernentEtte dive: 5/1 /11 Named Insured: URS Corporation dba URS Corporation Americas Countersigned By: (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Any person or organization to whom or which, you are required to provide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. THE CITY OF NATIONAL CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES (If no entry appears above, information required to complete this endorsement 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. This endorsement is executed by the company designated below: Zurich American Insurance Company Effective date 5/1/2011 Expiration date 6/1/2012 Issued to: URS Corporation dba URS Corporation Americas CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 CA383 (2-99) Page 1oi1 18 ENDORSEMENT # cement, effective 12:01 A.M. 5/1/11 forms a part of Policy No. GL 4870829 Corporation dba URS Corporation Americas by National Union Fire Ins Co of Pittsburgh PA 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 FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: THE CITY OF NATIONAL CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES (If No entry appears above; information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A. SECTION 11 WHO IS AN INSURED is amended to include; as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing; operations performed for that additional insured. B. With respect to the insurance afforded to these additional insureds, SECTION 1 - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury' or"property damage" occurring after: (1) all work, including materials, parts or equipment 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 site of the covered operationshas 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 ororganization other than another contractor of subcontractor engaged in performing operations for a principal as a part of the, same project. All other terms and conditions remain unchanged. Authorized Representative 97838 (4/08) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. .;orsement, effective 12:01 A.M. 5/1 /2011 forms a part of Policy No. GL4870829 issued to: URS Corporation dba URS Corporation Americas by National Union Fire Ins Co of Pittsburgh PA ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modffies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: THE CITY OF NATIONAL CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: RE: PROGRAM MANAGEMENT / CIP PROGRAM ADDITIONAL PREMIUM: (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) SECTION II - WHO IS AN, INSURED is amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that additional` insured and included in the "products - completed operations hazard". All other terms and conditions remain unchanged. Authorized Representative 97837 (4/08) Includes copyrighted material of Insurance Services' Office, Inc., with its permission. 20 INSURER CANCELLATION TERMS NAMED INSURED. rIr,ration dba URS Corporation Americas HOLDER NAME: City of National City POLICY NO: Various CANCELLATION TERMS: 30 Days Notice of Cancellation will be provided by the carriers in accordance with the policy terms and conditions in the event the policies are cancelled or non -renewed, for any reason other than non-payment of premiums. CANCELLATION TERMS APPLY TO THE FOLLOWING COVERAGES: GI AL WC and Professional Liab. 21 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT =CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a`diflerent date is indicated below: use" need be completed cnly when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 1/1/2011 Corms apart of Policy No. WC20635051 Issued to: URS Corporation dba URS Corporation Americas By: National Union Fire Insurance Company of Pittsburgh, PA We have aright to recover our payments from anyone liable for an injury covered by This policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement frorn us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be of the total estimated workers compensation premium for this policy. WC040361 (Ed. 11-90) Countersigned by _ Authorized Rep,esentative 22 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH URS CORPORATION TO PROVIDE ON -CALL MANAGEMENT STAFFING FOR THE CITY'S BOND/CAPITAL IMPROVEMENT ROGRAMS FOR THE NOT TO EXCEED AMOUNT OF $100,000, AND AUTHORIZING 25% CONTINGENCY UP TO $25,000 FOR UNFORESEEN PROJECT NEEDS WHEREAS, the City desires to employ a consultant to provide on -call program management staffing for the City's Bond/Capital Improvement Program; and WHEREAS, the City has determined that URS Corporation is qualified by experience and ability to perform the services desired by the City, and URS Corporation is willing to perform such services for the not -to -exceed amount of $100,000 WHEREAS, a contingency amount up to $25,000 for unforeseen project needs is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with URS Corporation to pro,: do on -call program management staffing for the City's Bond/Capital Improvement Program for the not -to -exceed amount of $100,000. Said Agreement in on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a contingency amount up to $25,000 for unforeseen project needs. PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 11 EM TITLE: A Resolution of the City Council of the City of National City authorizing staff to submit an application for Proposition 84 Storm Water Grant Program (SWGP) funds in the amount of $3 million for the restoration of adise Creek and authorizing a local match of $600,000 (matching funds are available through the 2011 Tax Allocation Bond (Capital Improvement) for Paradise Creek Enhancement). PREPARED BY: Aria Noorazar PHONE: (619) 336-4414 EXPLANATION: Proposed project enhancements are summarized below for each segment. A preliminary assessment with photos is also attached. DEPARTMENT: Development Services/Engineeri APPROVED BY: 7 1) Segment 1 — D Avenue to E. 16th Street: restore Paradise Creek to its natural state by removing the existing concrete channel and replace with earthen channel; reintroduce wetland habitat. 2) Segment 2 — West of Roosevelt to W. 18th St: widen creek to reduce slopes and introduce new vegetation. 3) Segment 3 — W. 18th St and W. 22nd St.: dredge sediment and plant salt -tolerant vegetation FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time; upon approval of the grant, staff will return to Council to award the contract and identify funding sources. Matching funds are available through the 2011 Tax Allocation Bond (Capital Improvement) for Paradise Creek Enhancement ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation and Preliminary Assessment with Photos 2. Approved Request to Apply for Grant Form 3. Resolution RESOLUTION 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR PROPOSITION 84 OP.M WATER GRANT PROGRAM FUNDS IN THE AMOUNT OF $3 MILLION FOR -HF. RESTORATION OF PARADISE, AND COMMITTING TO A LOCAL ,.,,A i CH OF $600,000, FOR A TOTAL PROJECT COST OF $3.6 MILLION WHEREAS, the State Water Resources Control Board is accepting applications for Proposition 84 Storm Water Grant Program ("SWGP") grant funds to be used for projects that support sustained, long-term water quality improvement, or are coordinated or consistent with any applicable integrated Regional Water Management Plan; and WHEREAS, the Engineering Division of the Development Services Department seeks authorization to submit a Proposition 84 Storm Water Grant Program ("SWGP") grant application to obtain grant funds for the restoration of Paradise Creek (the "Project"); and WHEREAS, the grant request is for $3 Million, with a local match of $600,000, resulting in a total project cost of $3.6 Million; and WHEREAS, there are three segments of improvements proposed for the Project: =•' %ENT LOCATION IMPROVEMENTS 1 D Avenue to East 16th Street Restore Paradise Creek to its natural state by removing the existing concrete channel and replacing it with an earthen channel; reintroduce wetland habitat. 2 West of Roosevelt to West 18th Street Widen the creek to reduce slopes; introduce new vegetation. 3 West 18th Street and West 22nd Street Dredge sediment; plant salt -tolerant vegetation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the submittal of an application for a Proposition 84 Storm Water Grant Program ("SWGP") grant in the amount of $3 Million for the restoration of Paradise Creek. BE IT FURTHER RESOLVED that the City Council hereby authorizes the commitment from the City to provide local matching funds in the amount of $600,000, for a total project cost of $3.6 Million. --- Signature Page to Follow --- Resolution No. 2011 — January 10, 2012 Page Two PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Paradise Creek, Water Quality Enhancement P r j,ii ;reek is located upstream of Paradise Marsh, which is part of the federally protected Bay National Wildlife Refuge (NWR). Paradise Creek is one of the few streams in no Bay region that is not completely channelized, and this project aims to restore compromised segments of the stream both to benefit the stream itself and to protect sensitive wetland habitat in the downstream NWR. Additionally, it is intended to provide a more aesthetically pleasing look to the creek where passing through the urbanized area of the City of National City. Widening the channel, creating a larger cross section and vegetating the waterway and the embankments will cause the surface water to move slowly through the creek promoting sedimentation of the suspended solids. Biological removal is another important means for creek contaminant removal. Plant uptake is the most widely recognized biological process in the wetlands environment. Contaminants that are also essential plant nutrients (e.g., nitrate, ammonium, and phosphate) are readily taken up by plants. Many plant species are also capable of uptake and significant accumulation of some toxic metals, such as cadmium and lead. Based on the current configuration of the Paradise Creek, we propose to alter three segments of the Creek. These segments are shown in Figure 1. Our proposed alterations for the three segments are presented bellow. Figure 1 —Three Proposed Segments of Paradise Creek 1- Segment One — This segment is located between D Avenue and 16th Street. Currently, there is a concrete channel carrying flow from a culvert under D Avenue through Kimball Park to the southwest corner of the park adjacent to 16'h Street. Figures 2 and 3 show the existing condition of this segment. We propose to remove the concrete channel and replace it with an earthen channel that has plants along the bottom and embankments. Converting the concrete channel to an earthen channel will reduce the flow velocity and increase particle settlement. Additionally, low flow will meander through vegetation at the bottom of the channel and could lose some pollutants through plant absorption. This will Page 1 1 result in less transport of sediment and associated pollutants to Paradise Creek and consequently, enhanced water quality in that water body. Sediment traps will be provided at two places along this segment to facilitate the process of channel ?'ntenance. Sediment trap will include a depressed rectangular shape approximately two feet wide cut across the channel width. Figure 2 — Lined Section of the Paradise Creek within the Kimball Park (Looking Downstream) Figure 3- Lined Section of the Paradise Creek within the Kimball Park (Looking Upstream) 2- Segment Two — This segment is from west of Roosevelt Avenue to 18`h Street. Currently, the water body is confined to an earthen channel with relatively steep side slopes. This segment is affected by tidal influence from San Diego Bay. Figures 4 and 5 show the existing condition of this segment of the channel. This segment can be widened and the side slopes can be flattened. Both the channel bottom width and side slopes can be covered with salt -tolerant plants. Widening and vegetating the channel not only help to enhance water quality, but are also aesthetically pleasing. Pedestrian walkways can be constructed at both sides of the channel on the top of the Page 2 2 embankments. A schematic of the proposed cross section's alteration is presented in Figure 6. Figure 4 — Segment Two of Paradise Creek (Looking Downstream) Figure 5 — Segment Two of Paradise Creek (Looking Upstream) Walkway Existing Cross Section Proposed Cross Section Walkway Figure 6 — A Schematic of Proposed Cross Section for Segment Two Page 3 3 3- Segment Three — This segment is between 189' Street and 22nd Street. Although the channel in this segment is wide, over the years sediment has been built up on both sides of :he flow line and has reduced the channel cross section. Figures 7 and 8 show the current condition of this segment of the Creek. This segment is often under tidal influence. Dredging the segment and planting salt -tolerant vegetation will help the aesthetics of the channel and enhance water quality by reducing sediment and increasing plant uptake of pollutants. Figure 7 — Segment Three (Looking Downstream) Figure 8 — Segment Three (Looking Upstream) Page 4 4 REQUEST TO APPLY FOR FEDERAL, STATE, AND LOCAL GOVERNMENT GRANTS OR PRIVATE FUNDS Date: December 6, 2011 -tm,.nl: Engineering Dept. Ilead Signature: Will you need the City's grant writing contractor to assist in applying for the grant? NO ❑ YES If yes, 1) Estimated # of hours contractor would be needed? 30 2) Proposed funding source: Sewer Fund (125) A. What agency/foundation provides the funding you seek: Proposition 84 Storm Water (;rant Program (State) B. What title would you give this proposed program/project: Paradise Creek Water Quality Improvements C. Has this grant been applied for in the past? If so, when: No D. Brief description of the program you propose: 1. Remove the portion of concrete channel and replace with an earthen channel to reduce the flow velocity and increase particle settlement which will improve water quality as•it enters the ocean. ?. Widen the existing earthen channel; install saltwater plants and a walkway. 3. Dredge a portion of the earthen channel (See attached) E. Describe the benefits of the proposed program or activity: The proposed project can be combined with the improvements of Kimball Park and/or the Paradise Creek bond projects. The proposed improvements will improve the aesthetics of the Creek, provide a walkway for citizens to stroll upon and most importantly, will improve water quality. F. Does application require a Resolution approved by Council'? yes G. Who will administer the program`? Engineering H. Does the grant allow for administrative expenses? If so, how much? Unknown Revised 8/9/11 5 I. Dees this grant require matching funds or in -kind contributions from the City? If so, indicate how much on the following table. J. Complete the following table: Brant of foundation resources Year 1 $3,000,000 Year 2 $ 2. General Fund contribution Year Year 4 TOTAL 3. Other City Fund contributions 4. In -kind contributions $ 600,000 $ $ TOTAL $3,600,000 $ $ K. Discuss whether any of the City fund contributions (rows 2 and 3) in the above table represent new expenditures or in -kind contributions representing existin x.enditures. This project could be combined with the bond project(s) usin L. To the extent that new or existing General or other City funds are required, when would they need to be in place? Fiscal Year 2013-2014 (Recommendations to State in early 2013) M. What FIE will be required: none N. Are these new positions? N/A O. What classification titles do you propose? N/A P. Deadline for filing application: January 31, 2012 Q. Program period: R. When would grant/foundation award be made? 2013 Li Request to apply approved ❑ Request to apply approved — Department to notify Executive Management and Council dRequest to apply referred to Cow iI — Department to present at City Council Meeting for approval ❑ Request to apply denied City Manager Signature Date: Revised 8/9/1 1 6 CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 12 EM TITLE: IA resolution of the City Council of the City of National City authorizing staff to apply for funding for certain projects to the 2014-2018 Unified Port of San Diego Capital Improvement Program. PREPARED BY: Patricia Beard PHONE: 4255 EXPLANATION: Under a new Capital Improvement Projects ("CIPs") Policy filed by the Port District Clerk on May 31, 2011 member Cities and other eligible parties must apply for project funding via a specified annual process of the Port. The application deadline for funding is January 18, 2012 and hearings before the Board of Port Commissioners are tentatively scheduled for March 28 and April 4, 2012 respectively. The Port defines a CIP as a physical development project which can be capitalized over a period of time. Based on this definition, the Port's criteria and the City's short- and Tong -term objectives, staff provides on the attached Background Report a list of projects it proposes applying for funding for under two eligible categories — general CIP funding open to all Cities and Maritime Terminal Impact Fundng available only to National City and Barrio Logan. Staff is requesting that the City Council consider lopting a resolution authorizing staff to apply for said funding for the specified projects. Please see tached Background Report for a more detailed explanation and the proposed project list. DEPARTMENT: Redeve APPROVED BY: I 146 cial Projects FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. No City expense is proposed as part of these requests to the Port. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2. Port Policy #120 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE 2014-2018 JNIFIED PORT OF SAN DIEGO CAPITAL IMPROVEMENT PROGRAM FOR ^'^MG FOR CERTAIN NATIONAL CITY CAPITAL IMPROVEMENT PROJECTS WHEREAS, pursuant to the Unified Port of San Diego's (Port's) new Capital Improvement Projects Policy filed by the Port District Clerk on May 31, 2011, member cities and other eligible parties must apply for Capital Improvement Project ("CIP") project funding via the Port's specified annual process by January 18, 2012; and WHEREAS, the hearings before the Board of Port Commissioners are tentatively scheduled for March 28 and April 4, 2012, respectively; and WHEREAS, the City of National City qualifies to apply for funding under two eligible categories: 1) general CIP funding open to all cities (CIP's on tidelands); and 2) Maritime Terminal Impact Funding ("MTIF") available only to National City and Barrio Logan (CIP's off tidelands); and WHEREAS, staff recommends applying for Port funds for the following CIP projects, listed in order of priority: 1. Design and engineering for off -site improvements to implement the 2012 Vision Plan for the Marina District, i.e., Marina Way relocation. 2. Relocation of Tidelands Avenue Phase I, 3. Relocation of Tidelands Avenue Phase II, 4. Multi -level parking structure for Pasha or shared use; and WHEREAS, staff recommends applying for Port MTIF funds for the following projects, listed in order of priority: 1. Marina Way Bike Path, 2. Tidelands Avenue Civic Center Drive to Bay Marina Drive Resurfacing, 3. Harbor Drive Resurfacing, Civic Center Drive to northern city limits, 4. Harbor District Fire Station, 5. Connect Tidelands Avenue to Harbor Drive. NOW., THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes submittal of an application to the 2014-2018 Unified Port of San Diego Capital Improvement Program for funding for certain National City Capital Improvement Projects. --- Signature Page to Follow --- resolution No. 2012 — January 10, 2012 Page Two PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney ATTACIIMENT 1 BACKGROUND REPORT 3f Port CIP process: In late 2010, the Board of Port Commissioners established a special committee to establish a uniform process by which member Cities and other eligible parties can apply for Port funding of capital projects. This policy, #120, establishes criteria for reviewing CIP applications, a methodology and schedule for applications, and criteria for considering projects. The Port has a variety of funding programs available to Cities for various types of activities and two funding programs are available to National City for capital/construction projects. These funding sources are: 1) CIP funds: These funds are a portion of the Port's budget available for construction projects on tidelands; and 2) "MTIF" funds: Funds designated in 2010 following a legislative effort by National City and Barrio Logan for capital projects off tidelands. These funds are available for off -tidelands CIPs in "maritime impacted communities", i.e. communities experiencing off -tidelands impacts from marine terminal operations and other exclusionary Port activities. Some of the types of impacts that may be addressed through these funds are diminished air quality, heavy terminal -related truck traffic in adjacent commercial and residential neighborhoods, and degradation of public infrastructure caused by terminal operations. Further explanation of MTIF funding: "MTIF" means Maritime Terminal Impact Fund. Funds available include $500,000 in original seed funding and 0.05-percent of gross terminal revenues from the National City and Tenth Avenue Marine Terminals to be spent on off - tidelands projects primarily in National City and Barrio Logan. "Proportionality" must be proven for these projects and a source for any required matching funds must be identified. For example if a street improvement is requested, the amount of terminal -related street use must be represented pro-rata against non -terminal - related street use and City funding for the non -terminal proportion of the project must be included in the application. Projects recommended by staff for funding: Projects below are listed in order of priority. Priority was determined by the City Manager based on readiness/ feasibility of completing projects and potential to bring about near -term implementation of the 2012 Vision Plan for the Marina District. MTIF funds: 1. Marina Way Bike Path: $342,700. This project would transform the existing 12-foot wide sidewalk into a Class I shared use Bike Path linking Marina Gateway Plaza to the Bayshore Bikeway. The project is consistent with the National City Bicycle Master Plan, the Harbor District Specific Area Plan and the Vision Plan for the Marina District being contemplated by the Port and National City. Proportionality: Pro-rata Port share of impact to be addressed is 100- percent Port, with no City share. The Bike Path is intended to mitigate negative health and quality of life impacts caused by the terminal's restriction to public coastal access and recreation. 2. Tidelands Avenue Civic Center Drive to Bay Marina Drive Resurfacing: This project would provide scheduled maintenance for a primary truck route from the National City Marine Terminal to 1-5. Proportionality and cost: Proportionality will be determined and a preliminary cost estimate will be generated prior to the submittal to the CIP process. City share would be funded using annual street resurfacing funds. 3. Harbor Drive resurfacing, Civic Center Drive to northern City limits. This project would provide needed maintenance to a primary trucking corridor between the Tenth Avenue and National City Marine Terminals. Proportionality and cost: Proportionality will be determined and a preliminary cost estimate will be generated prior to the submittal to the CIP process. City share would be funded using annual street resurfacing funds. 4. Harbor District Fire Station: $3,278,756. This is a long range project to ensure that the Marine Terminal and Port leases are adequately protected from disasters, especially in consideration of alternative energy projects now being considered for Tidelands Avenue. National City provides a" fire protection services to the Terminal and Port within its jurisdiction. A detailed construction estimate will be provided to the Port. Proportionality: Is proposed to be determined if the Port staff is willing to consider funding. 5. Connect Tidelands Avenue to Harbor Drive: No estimate available. This is a long range objective for the City to correct the confusing traffic pattern at Harbor Dr, Civic Center Drive, Cleveland Avenue and McKinley Avenue. Staff intends to submit the project to encourage planning on the project to commence so that a future CIP can be considered. CIP funds: (There are no proportionality requirements for CIP project applications.) 1. Design and engineering for off -site improvements to implement the 2012 Vision Plan for the Marina District, i.e. Marina Way relocation. The Vision Plan contemplates relocating the southern portion of Marina Way westward to provide a larger development envelope immediately north of �e Pier 32 Marina. Due to development constraints caused by adjacency to the Sweetwater Marsh National Wildlife Refuge, a deeper development pad is considered desirable to secure an optimum development proposal. A preliminary cost estimated is being prepared for use on the Port CIP application. 2. Relocation of Tidelands Avenue Phase I: Design and engineering to relocate Tidelands Avenue south of Bay Marina Drive east to an area adjoining the BNSF balloon railroad tracks. Relocation of Tidelands Avenue is contemplated as a longer range project to implement the Vision Plan for the Marina District. Relocating Tidelands Avenue would allow for the vacation of the current street, allowing the Port more flexibility in the layout of terminal operations. A preliminary cost estimate is being prepared for the Port CIP submittal. 3. Relocation of Tidelands Avenue Phase II: Construction. (Please see explanation at #2 above.) A preliminary rough estimate will be used in the application. 4. Multi -level parking structure for Pasha or shared use. A garage is a long - sought terminal amenity for National City. Such a facility could free up valuable coastal lands for higher and better land uses than outdoor storage of vehicles. Historically the Port has not funded garage proposals, citing costs that would reduce Pasha's competitiveness with other auto import operators in the state. A preliminary estimate based on costs for recent garage projects such as Petco Park will be used. o I s4 Attachment 2 �,,►�% o Filed MAY 312011 0 al San Diego Unified Pot District Document No. 5'7740 Office of the District Clerk BPC Policy No. 120 SUBJECT: CAPITAL IMPROVEMENT PROGRAM (CIP) PURPOSE: To establish a policy for the orderly development or improvement of the capital assets of the Port District through a Capital Improvement Program ("CIP Policy"). PREAMBLE: The Unified Port District of San Diego has a responsibility to provide for the orderly development and improvement of the lands and capital assets under its jurisdiction to execute its State Tidelands Trust obligations. The Port District acknowledges that each area of tidelands in its trust offers different Public Trust assets and value, and that each possesses varying degrees of opportunity for development, real estate, maritime, recreation and conservation as well as constraints. The Port District, therefore, establishes this CIP Policy for the purpose of improving its CIP process and results. This CIP Policy is intended to facilitate capital development projects and budgets which are strategically cohesive, ensure clear and consistent treatment of all proposed capital projects on the tidelands, streamline the process, increase efficiency, reduce costs and improve outcomes. It is the policy of the Port District to evaluate and rank capital development projects as follows: • To reflect sound land use and capital improvement planning principles, as well as the strategic development, business and operational goals set by the Board of Port Commissioners ("BPC"). • To implement the appropriate and necessary sequencing of capital improvement projects based upon operational and business demands. • To ensure projects given priority have a direct relationship to the establishment or improvement of capital assets needed to facilitate upcoming priority developments and pressing operational needs. To distribute the Port's capital investments in a balanced manner throughout the tidelands located in all of the Member Cities. • To advance projects that are consistent with the Port District Act and the Port's numerous duties and state mandates: A) To serve as an economic engine for the region; Page 1 of 6 s To be an environmental steward of the bay and tidelands; To provide public access to the waterfront; D) To provide recreational and community services as specified under the Port District Act; To ensure public safety and Homeland Security; and • To provide a process for identifying, evaluating and mitigating the detrimental impacts of tidelands operations on adjacent off -tidelands communities, including maritime terminal impacts that qualify for Maritime Terminal Impact Funds ("MTI F"). The CIP process will proceed as follows: 1. The CIP will be developed using a long-term land use planning strategy every five (5) years. Annually, each fall, the CIP program will be revisited, reevaluated and revised to ensure that the project selection and priority is consistent with the Port District's strategic goals (COMPASS) and the current business and operational needs in light of changing circumstances. 2. The CIP project selection process should be open, inclusive, efficient and effective by producing a program within a reasonable period of time. The resulting CIP program should reflect the Port District's specific strategic goals (COMPASS) and business or operational needs. A) Port Staff, Port Commissioners, representatives of Member Cities, Port Tenants, and other public stakeholders may propose CIP projects for Port tidelands; B) Port Staff, Port Commissioners, and representatives of Member Cities may propose off -tidelands projects to address Port operational and marine terminal impacts using the process described below. 3. On -Tidelands Projects: For consideration during the annual and five-year CIP review process, a project proponent will develop for each proposed on -tidelands project the following objective assessment: A) A project description including a statement of need for the project; B) Identification of the specific strategic goals (COMPASS) the project addresses; C) A financial analysis of the costs of the project, the availability of grant funding or matching funds, as well as any expected return on investment BPC Policy No. 120 Page 2 of 6 5'7 : 40 2- ("ROI") — including operational costs, maintenance costs, and life -cycle costs — of the project; D) An analysis of any anticipated non -monetary public benefits of the project; F' An explanation of the project's compatibility with existing, related development projects both on and off -tidelands (including non -Port District development projects); F) A rational assessment of the need for the timing of the improvements, and an explanation of the appropriateness of the timing of the investment; G) An explanation of how. the project implements or facilitates the implementation of the Port Master Plan or other approved plans; and H) An analysis of the project's potential to create future economic benefit or impact if no immediate economic benefit is identified. 4. Off -Tidelands Projects: _ The Port District recognizes that certain communities may be subject to disproportionate adverse impacts and constraints as a result of the presence of Maritime Terminals, and potentially other Port. operations on the tidelands, while at the same time enabling a significant benefit to the District, or region, as a whole. The Port District, therefore, includes as part of this CIP Policy a provision for the inclusion of off -tidelands projects in the CIP and the establishment of a Maritime Terminal Impact Fund (the "MTIF") as set forth below. For purposes of this policy, "Off -Tidelands Impacts" are defined as impacts to communities adjacent to, directly associated with, or which are a result of the Port District's maritime terminals and other operations, which are of a unique, adverse or exclusionary nature. Off -Tideland Impacts are recognized only when a direct relationship between the Port District's on -tidelands operations clearly result in adverse impacts that can be reasonably established as specified under the Port District Act. Examples of such impacts can include, but are not limited to, diminished air quality, heavy movement of vehicles or equipment through adjacent commercial or residential areas, or disproportionate degradation or use of public infrastructure such as roads, streets, sidewalks, all of which may occur within and disproportionately impact the communities in proximity to the Port's tidelands operations. The Port District is currently, and intends to remain, in compliance with all applicable regulatory requirements with respect to maritime terminal operations and adjacent impacts. The Port considers this element of the CIP policy to be BPC Policy No. 120 Page 3 of 6 57740 ,e and beyond compliance, to reflect best practices and sound land use • •'r..g principles, and to be in the public interest. . rrponents of proposed CIP projects related to Off -Tidelands Impacts must present the following for inclusion in the CIP process: 4 project description. including a statement of need for the project; B) A statement of how the project relates to on -tidelands operations; C) Identification of the Off -Tidelands Impacts and a description, supported by independent verification, of the pro rata shares of the Off -Tidelands Impacts caused by on -tidelands operations on the off -tidelands infrastructure; D) A financial analysis of the costs of the project, the availability of grant funding or matching funds, how the Member City anticipates funding its proportional share of the costs, as well as any expected ROI — including operational costs, maintenance costs, and life -cycle costs — of the project; E) An analysis of any anticipated non -monetary public benefits of the project; F) A statement of whether the infrastructure impacts are the result of on - tidelands maritime terminal operations that would qualify for MTIF funding; G) An explanation of how the project implements or facilitates the implementation of the Port Master Plan or other approved plans; and H) An analysis of the project's potential to create future economic benefit or impact if no immediate economic benefit is identified. 5. Where a proponent proposes a CIP project, the Port District must receive the proponent's completed information regarding the project at least 60 days before the BPC begins its annual review of the CIP. Once this information is received, an objective Port Staff assessment of the project including the factors set forth in sections 3 and 4 will be prepared. That Port Staff assessment shall attach the proponent's information to the Staff assessment and forward it directly to the BPC as part of the public CIP process. 6. The proposed list of CIP projects, along with the proponent's information and Port Staffs assessment, shall be made publicly available at least 10 days before a CIP workshop or BPC meeting in which the CIP program will be considered. 7. Proposed CIP projects will be evaluated and ranked based on the following criteria (in no particular order): A) Contribution to the Port's strategic goals (COMPASS); BPC Policy No. 120 Page 4 of 6 57?40 4 B) Adherence to Port objectives and the Port District Act; C) Represents a balanced distribution of the Port District's proposed capital investment throughout the tidelands and Member Cities; C) Capacity to produce revenue and to enhance local and regional economic growth; E) Capacity to provide non -monetary public benefits; and F) Maintains off -tidelands infrastructure and mitigates Off -Tidelands Impacts necessary to support tidelands operations, particularly maritime terminal operations. 8. Funding for CIP projects will be established by the Executive Director consistent with the BPC-adopted budget, and the calculations for MTIF funding. Only off - tidelands, maritime -terminal -related impact projects will qualify for MTIF funding. Funds for new CIP projects will be placed in a CIP reserve at the end of each fiscal year based on available unrestricted/undesignated reserves. Once in the CIP reserve, the funds can be allocated to projects in the five-year plan in accord with the procedures set forth above. Once a particular MTIF project is identified for funding, those funds will be placed in reserve at the end of each fiscal year without regard to actual revenues and expenses. CIP projects may be phased such that the completion of a phase of the project results in a complete and usable product even if the project in its entirety is not complete. 9. Maritime Terminal Impact Fund: On July 6, 2010, the Port District established the MTIF with an initial capital contribution of $500,000. Additional funding for the MTIF will include one-half of one percent (.5%) of gross maritime terminal revenues earned from the operation of the Tenth Avenue Marine Terminal and the National City Marine Terminal each year. These funds shall be in addition to other CIP funds allocated to capitaldevelopment or improvement to be put towards maritime - terminal -impact projects. 10. Reporting to the Board: The CIP budget once approved by the BPC shall constitute direction from the BPC regarding Port District administration of the program. The Executive Director will update the BPC periodically on the execution of the approved CIP program, and may propose on an individual basis, consistent with the objectives and analysis identified above, additional projects for BPC consideration and approval. If new or additional information is discovered during the implementation of an approved CIP project that makes the implementation of the project infeasible or impractical, then this information will be reported promptly to BPC Policy No. 120 Page 5 of 6 57740 tr.a Board. ,'I.Notwithstanding any other provision of this policy, the annual funding for the CIP be changed or otherwise suspended from time to time if the BPC makes a fir'+ing that, because of a fiscal emergency there is an established need for all or p, of these funds to be expended for the repair, operation, maintenance or ^pment of Port District infrastructure critical and paramount to the operation ,a Port District. For purposes of this provision, "fiscal emergency" means an extraordinary occurrence or combination of circumstances that was unforeseen and unexpected and which requires immediate and sudden action of a drastic but temporary nature. RESOLUTION NUMBER AND DATE: 2011-45, dated April 12, 2011 (Supersedes BPC Policy 120, Resolution 202008-116, dated July 1, 2008; and Resolution 82-13, dated January 5, 1982) BPC Policy No. 120 Page 6 of 6 5'7740 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2011 AGENDA ENt NO. 13 M TITLE: Resolution of the City of National City approving a Memorandum of Understanding between the YMCA of San Diego County.South Bay Branch and the City of National City for a 12 month period of negotiation of contemplated partnership to provide sustainable programs to National City residents at ,_as Palmas Park. PREPARED BY: Jessica Cissel DEPARTMENT. PHONE: (619) 336.4243 APPROVED BY: EXPLANATION: In early 2011, the City sold bonds to create resources to improve Quality of Life facilities. As part of the bond program $ 8 to $9 million was allocated to Las Palmas Park. The initial estimates for the conceptual plans at Las Palmas Park show a need for additional funding. The YMCA of San Diego County -South Bay has expressed a desire to fundraise locally to generate monies to complete the project. Because the YMCA is a non-profit, they are able to leverage funds by local fundraising campaigns resulting in more resources for a final product/facility. Staff has prepared a draft MOU between the City and the YMCA to solidify the partnership and initiate a fundraising campaign. Prior to initiating a fundraising effort, the City Council and the YMCA board need to take action that would allow such efforts to take place. The draft MOU was provided to and reviewed by the YMCA for their consideration at the board meeting scheduled on November 30, 2011. The YMCA board voted to ceed with the draft MOU. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution to approve the MOU. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 1) Staff report 2) Proposed MOU RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTH BAY BRANCH OF THE YMCA OF SAN DIEGO COUNTY AND THE CITY OF NATIONAL CITY FOR TWELVE-MONTH PERIOD OF NEGOTIATION OF CONTEMPLATED PARTNERSHIP TO PROVIDE SUSTAINABLE PROGRAMS TO NATIONAL CITY RESIDENTS AT LAS PALMAS PARK WHEREAS, both the City the YMCA are strongly committed to improving the health and wellbeing of local citizens; and WHEREAS, the City and the YMCA currently enjoy a strong collaborative relationship in providing programs to improving the health and wellbeing of local citizens; and WHEREAS, both the City and the YMCA have comprehensive strategic plans where by each identified a desire to expand their programming beyond that currently provided to better achieve their missions and to do so in a more cost effective and efficient manner; and WHEREAS, a joint effort of the two organizations is recommending that the City and YMCA, while maintaining their individual autonomy, explore a collaborative partnership in which the City and the YMCA would combine and/or share certain facilities and certain services in order to extend the reach and impact of their programming and operate more efficiently; and WHEREAS, the collaborative partnership is intended and expected to achieve the following results: ➢ reduce operating costs for both organizations allowing each to shift more resources to programs and eliminating operation of obsolete facilities, • create access to facilities and programming for a greater number of residents, ➢ increase operational efficiencies by reducing duplication of services, ➢ expand programming expertise, ➢ grow local partnerships, ➢ generate broader community support by lessening the burden of the community to support multiple, largerecreation and wellness facilities; and WHEREAS, the City sold bonds and budgeted capital improvements to include new and expanded facilities at Las Palmas Park; and WHEREAS, the City is interested in partnering with the YMCA to provide programs to local National City residents and offer access to existing programs; and WHEREAS, the YMCA and the Boys and Girls Club of Greater San Diego intend to work together to provide comprehensive services to the community. The Las Palmas facility would be made available for the Boys and Girls Club on a mutually agreed upon schedule. Resolution No. 2012 — January 10, 2012 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding between the South County Branch of the YMCA of San Diego County and the City of National City for a twelve-month period of negotiation of contemplated partnership to provide sustainable programs to National City residents at Las Palmas Park. PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney I. 1.date on the Quality of Life Facilities Plan (Community Services) In 2007, National City established its Strategic Plan with goals to improve quality of life and to achieve fiscal sustainability. To achieve fiscal sustainability, the strategic plan action 2C states, "Partner with Community Organizations and Regional Agencies to Pursue Our Legislative Platform and Aggressively Seek Funding from I nc,l. State, & Federal Sources." To improve quality of life, strategic goal 3 actions include, "Continue to Ue Recreational Programs and Community Services, Maintain Existing Parks and Public Facilities and Find Funding to Construct Park Master Plans, Partner with the Port District to Build Aquatic Center, Granger Park, and Improve Public Access to the Harbor District, and Preserve and Promote Historic Resources and Cultural Assets." The City has established partnerships and Council decisions have created the opportunity to expand partnerships to sustain programs. Established partnerships include the Greater San Diego Boys and Girls Club in Kimball Park and the YMCA of San Diego County -South Bay Branch (Aquatics Center) in Pepper Park. In early 2011, the City sold bonds to create resources to improve Quality of Life facilities. At the July 5, 2011 City Council meeting, the Parks, Senior, and Youth Ad Hoc committees were initiated by Council. Since that date, there have been recreation working group meetings between the City and our potential partners, the YMCA of San Diego County -South Bay Branch and the Greater San Diego Boys and Girls Club, to discuss how the City can utilize our bond money to create sustainable quality of life facilities and programs. Because there are capital resources, but limited operating resources, staff has been discussing expanding partnerships with local non -profits to sustain operations. In late October and early November there were Council briefings held between City staff and all Council members to update the progress of the quality of life facilities plan. The first round of ad hoc meetings took place on November 15th and November 21st and included members of the City Council, the Parks, Recreation, and Senior Advisory Board (PRAB) members (who are National City residents), a Public Art Committee member, and City staff. Additional updates were provided to PRAB. City staff provided reporting on current programs, fees, and participation numbers as well as facility and park maintenance costs. In addition, there has been conceptual planning done by Kimley Horn and Associates to incorporate ideas and discussion by City staff, non -profits, and the public. The initial estimates for the conceptual plans at Las Palmas Park show a need for additional funding. The South Bay YMCA has expressed a desire to fundraise locally to generate monies to complete the project. Because the YMCA is a non-profit, they are able to leverage funds by local fundraising campaigns resulting in more resources for a final product/facility. Staff has prepared a draft MOU between the City and the YMCA to solidify the partnership and initiate a fundraising campaign. Prior to initiating a fundraising effort, the City Council and the YMCA board need to take action that would allow such efforts to take place. The draft MOU was provided to and reviewed by the YMCA for their consideration at the board meeting scheduled on November 30, 2011. The YMCA board voted to proceed with the draft MOU. At the December 6, 2011 meeting, the City Council was provided an update on the YMCA board position and directed staff to bring the draft MOU forward for Council review in January. MEMORANDUM OF UNDERSTANDING BETWEEN C't"t Y OF NATIONAL CITY AN1) YMCA OF SAN DIEGO COUNTY FOR ITS' SOUTH BAY BRANCH This Memorandum of Understanding between the CITY OF NATIONAL CITY �.„y j, a California municipal government whose address is 1243 National City Blvd. National City, CA 91950, and YMCA OF SAN DIEGO COUNTY- SOUTH BAY BRANCH ("YMCA"), a California 501(c)(3) nonprofit corporation, whose address is 1201 Paseo Magda, Chula Vista, CA 91910, here after, the "Parties", is entered into for the following purposes and under the following tens and conditions: WHEREAS, both the City the YMCA are strongly committed to improving the health and wellbeing of local citizens. WHEREAS, the City and the YMCA currently enjoy a strong collaborative relationship in providing programs to improving the health and wellbeing of local citizens. WHEREAS, both the City and the YMCA have comprehensive strategic plans where by each identified a desire to expand their programming beyond that currently provided to better achieve their missions and to do so in a more cost effective and efficient manner. WHEREAS, a joint effort of the two organizations is recommending that the City and YMCA, while maintaining their individual autonomy, explore a collaborative partnership in which the City and the YMCA would combine and/or share certain facilities and certain services in order to extend the reach and impact of their programming and operate more efficiently. WHEREAS, the collaborative partnership is intended and expected to achieve the following results: • reduce operating costs for both organizations allowing each to shift more resources to programs and eliminating operation of obsolete facilities; ➢ create access to facilities and programming for a greater number of residents; ➢ increase operational efficiencies by reducing duplication of services; ➢ expand programming expertise; • grow local partnerships; ➢ generate broader community support by lessening the burden of the community to support multiple, large recreation and wellness facilities. WHEREAS, the City sold bonds and budgeted capital improvements to include new and expanded facilities at Las Palmas Park. WHEREAS, the City is interested in partnering with the YMCA to provide programs that give preference to local National City residents and offer access to existing programs. 1 WHEREAS, the YMCA and the Boys and Girls Club of Greater San Diego intend to work together to provide comprehensive services to the community. The Las Palmas facility would be made available for the Boys and Girls Club on a mutually agreed upon :chedule. HEREFORE, the City and the YMCA hereby agree as follows: Both the City and the YMCA believe that it is in their respective best interests that a 12 month period of negotiation of the contemplated partnership, and the period that the YMCA may be actively fundraising in anticipation of this partnership, but in any case, not to exceed 12 months from the date this Memorandum of Understanding is executed by the Parties, that: neither the City nor the YMCA will enter into any discussions or agreements with third parties (excluding the Boys and Girls Club of Greater San Diego) without the written consent of the other, that would preclude the Las Palmas facility from being used in the contemplated partnership;* IN WITNESS WHEREOF, in consideration of the above, the Parties, by the signature of their respective authorized representatives, do hereby intend to be bound by the terms of this Memorandum of Understanding. YMCA OF SAN DIEGO COUNTY- CITY OF NATIONAL CITY SOUTH BAY BRANCH By: By: Its: Its: Date: Date: Updated: November 28, 2011 *Refer to attached schedule of performance. 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO.I4 ITEM TITLE: Resolution of the City Council of the City of National City adopting updated City Council Policy #203 on "Investments" PREPARED BY: [Leslie Deese, Asst. City Manager PHONE: [ 619-336-424c EXPLANATION: Please see attached report. DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. I IN/AI ENVIRQNMENTAL REVIEW: NiAI INTRODUCTION: t ' I FINAL ADOPTION: t Ti if,*10940000tIort Approve the Resolution adopting updated City Council Policy #203 on "Investments" APPROVED: APPROVED: B. t p9NiIWCitON RECOMMENDATION: iN/ Finance MIS ATTAF Vat 1) Proposed Changes 2) City Council Policy #203 — Proposed 3) City Council Policy #203 — Existing 4) "Revisiting Your Investment Policy" Guidelines ATTACHMENT #1 CHANDLER ASSET MANAGEMENT National City Investment Policy Review December 2011: We suggest the adoption of Chandler Model Investment Policy as opposed to modifying the City's existing policy. This provides the most comprehensive and thorough policy structure for our new relationship. Highlighted changes, all reflecting "best practices" for the City's investment policy: • "Standard of Prudence": we suggest replacing this section completely using California Government Code (CGC) language. • "Objective; Safety; Liquidity; Return": we suggest replacing this section with Chandlers more comprehensive language. • "Delegation of Authority": adds the authorization of an outside investment adviser. • "Eligible Investments" maximum final maturity was 2 years. With the City adopting what is allowable under CGC, this will change to a maximum 5 years final maturity. • "Permissible investments" are replaced by authorized investment types as allowed in CGC; this updates the old list and expands the available investment types. • "Diversification": we include expanded diversification and risk mitigation language. "Performance Standards": replaces the old section with our performance language reflecting a risk -adjusted market index comparison. • "Glossary of Terms": an extensive glossary of investment terms is provided with the latest Chandler Glossary. ATPA HMENP # 2 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR January 10, 2012 REVISED: Page 1 of 20 I. INTRODUCTION The City of National City's investment program will conform with federal, state, and other legal requirements, including California Government Code Sections 16429.1-16429.4, 53600- 53609 and 53630-53686. The following investment policy addresses the methods, procedures and practices which must be exercised to ensure effective and judicious fiscal and investment management of the City's funds. It is the policy of the City to invest public funds in a manner that will provide a market rate ofreturn, given its requirements for preserving principal and meeting the daily cash flow demands of the City. All investments will comply with this Investment Policy and governing laws. This Investment Policy was endorsed and adopted by the City's governing body and is effective as of the 10th day of January, 2012. This Investment Policy replaces any previous Investment Policy or Investment Procedures of the City. II. SCOPE This Investment Policy applies to all the City's financial assets and investment activities with the following exceptions: A. Proceeds of debt issuance shall be invested in accordance with the City's general investment philosophy as set forth in this policy; however, such proceeds are invested in accordance with permitted investment provisions of their specific bond indentures. Pooling of Funds Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income :will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR REVISED: January 10, 2012 Page2of20 III. GENERAL OBJECTIVES The overriding objectives of the investment program are to preserve principal, provide sufficient liquidity, and manage investment risks. 1. Safety. Safety of principal is the foremost objective of the investment program. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 2. Liquidity. The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. 3. Return: The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs. IV. PRUDENCE, INDEMNIFICATION AND ETHICS A. Prudent Investor Standard: Management of the City's investments is governed by. the Prudent Investor Standard as set forth in the California Government Code 53600.3: "...all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter a.re trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law." CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR January 10, 2012 REVISED: Page 3 of 20 B. Indemnification: The Finance Director or City Manager designee hereinafter designated as Financial Services Officer and other authorized persons responsible for managing City funds, acting in accordance with written procedures and the Investment. Policy and exercising due diligence, will be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported within 30 days and appropriate action is taken to control adverse developments. C. Ethics: Officers and employees involved in the investment process will refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. V. DELEGATION OF AUTHORITY A. Authority to manage the City's investment program is derived from California Government Code Sections 53600 et seg.. The governing body is responsible for the City's cash management, including the administration of this Investment Policy. Management responsibility for the cash management of City funds is hereby delegated to the Finance Director and/or Financial Services Officer. The Finance Director and/or Financial Services Officer will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate employees. B. The City may engage the services of one or more external investment managers to assist in the management of the City's investment portfolio in a manner consistent with the City's objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940. VI: AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected. by conducting a process of due diligence described in the investment procedures manual. These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule). CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR January 10, 2012 REVISED: Page 4 of 20 A. The City Finance Director and/or Financial Services Officer will determine which financial institutions are authorized to provide investment services to the City. Institutions eligible to transact investment business with the City include 1. Primary government dealers as designated by the Federal Reserve Bank; 2. Nationally or state -chartered banks; 3. The Federal Reserve Bank; and 4. Direct issuers of securities eligible for purchase. B. Selection of financial institutions and broker/dealers authorized to engage in transactions with the City will be at the sole discretion of the City. C. All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Finance Director and/or Financial Services Officer with a statement certifying that the institution has reviewed the California Government Code Section 53600 et seq. and the City's Investment Policy. D. Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the investment adviser. E. Public deposits will be made only in qualified public depositories as established by State law: Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law. VII. DELIVERY, SAFEKEEPING AND CUSTODY, AND COMPETITIVE TRANSACTIONS A. Delivery -versus -payment: .Settlement of all investment transactions will be completed using standard delivery -vs. -payment procedures. CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR January 10, 2012 REVISED: Page 5 of 20 B. Third -party safekeeping: To protect against potential losses by collapse of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all securities owned by the City will be held in safekeeping by a third party bank custodian, acting as agent for the City under the terms of a custody agreement executed by the bank and the City. C. Competitive transactions: All investment transactions will be conducted on a competitive basis which can be executed through a bidding process involving at least three separate brokers/financial institutions or through the use of a nationally recognized trading platform. VIII. AUTHORIZED AND SUITABLE INVESTMENTS All investments will be made in accordance with Sections 53600 et seq. of the Government Code of California and as described within this Investment Policy. Permitted investments under this policy will include: 1. Municipal Bonds. These include bonds of the City, the state of California, any other state, and any local Agency within the state of California. The bonds will be registered in the name of the City or held under a custodial agreement at a bank. The bonds shall be rated at the time of purchase within the 4 highest general classifications established by a rating service of nationally recognized expertise in rating bonds of states and their political subdivisions. a. No more than 5% per issuer. 2. U.S. Treasury and other government: obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no Limits on the dollar amount or percentage that the City may invest in U.S. Treasuries. 3. Federal Agency or United States government -sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government -sponsored enterprises:. There are no limits on the dollar amount or percentage that the City may invest in government -sponsored enterprises. CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: September 6, 2011 AMENDED OR January 10, 2012 REVISED: Page 6 of 20 4. Banker's acceptances provided that: a. They are issued by institutions with short term debt obligations rated "Al" or higher, or the equivalent, by at least two nationally recognized statistical -rating organization (NRSRO); and have long-term debt obligations which are rated "A" or higher by at least two nationally recognized statistical rating organization; b. The maturity does not exceed 180 days; and c. No mor ° and no more than 5% per issuer. 5. Federally insured time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that: a. The amount per institution is limited to the maximum covered under federal insurance; and b. The maturity of such deposits does not exceed 5 years. 6. Certificate of Deposit Placement Service (CDARS) a. No more than 30% of the total portfolio may be invested in a combination of certificates of deposit including CDARS. b. The maturity of CDARS deposits does not exceed 5 years. 7. Negotiable certificates of deposit (NCDs) provided that: a. They are issued by institutions which have Tong -term obligations which are rated "A" or higher by at least two nationally recognized statistical rating organizations; and/or have short term debt obligations rated "Al" or higher, or the equivalent, by at least two nationally recognized statistical rating organizations; b. The maturity does not exceed 5 years; and c. No more than 30% of the total portfolio may be invested in NCDs and no more than 5% per issuer. CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 19901 AMENDED OR January 10, 2012 REVISED: Page 7 of 20 8. Commercial paper provided that: a. The maturity does not exceed 270 days from the date of purchase; b. The issuer is a corporation organized and operating in the United States with assets in excess of $500 million; c. They are issued by institutions whose short term obligations are rated "Al" or higher, or the equivalent, by at least two nationally recognized statistical rating organization; and whose Tong -term obligations are rated "A" or higher by at least two nationally recognized statistical ratingorganization; and d. No more than 25% of the portfolio is invested in commercial paper and no more than 5% per issuer. 9. State of California Local Agency Investment Fund (LAIF), provided that: a. The City may invest up to the maximum permitted amount in LAIF; and b. LAIF's investments in instruments prohibited by or not specified in the City's policy do not exclude it from the City's list of allowable investments, provided that the fund's reports allow the Finance Director or Financial Services Officer to adequately judge the risk inherent in LAIF's portfolio. 10. Local government investment pools. a. San Diego County Investment Pool 11. Corporate medium term notes (MTNs), provided that: a.. Such notes have a maximum maturity of 5 years; b. Are issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States; CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR January 10, 2012 REVISED: Page 8 of 20 c. Are rated "A" category or better by at least two nationally recognized statistical rating organization; and d. Holdings of medium -term notes may not exceed 30% of the portfolio and no more than 5% per issuer. 12. Mortgage pass -through securities and asset -backed securities, provided that such securities: a. have a maximum stated final maturity of 5 years; b. be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by at least two nationally recognized statistical rating organization; c. be rated in a rating category of "AA" or its equivalent or better by at least two nationally recognized statistical rating organization; and d. purchase ofsecurities authorized by this subdivision may not exceed 20% of the portfolio. 13. Money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940: a. Provided that such funds meet either of the following criteria: 1 Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations; or, 2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations authorized by California Government Code Section 53601 (a through j) and. with assets under management in excess of $500 million. CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR January 10, 2012 REVISED: Page 9 of 20 b. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio. IX. PORTFOLIO RISK MANAGEMENT A. The following are prohibited investment vehicles and practices: 1. State law notwithstanding, any investments not specifically described .herein are prohibited, including, but not limited to futures and options. 2. In accordance with Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest -only strips is prohibited. 3. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited. 4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited. 5. Purchasing or selling securities on margin is prohibited. 6. The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited. 7. The purchase of foreign currency denominated securities is prohibited. B. Mitigating credit risk in the portfolio Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies: it 0 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR January 10, 2012 REVISED: Page 10 of 20 1. The diversification requirements included in Section IX are designed to mitigate credit risk in the portfolio; 2. No more than 5% of the total portfolio may be invested in securities of any single issuer, other than the US Government, its agencies and enterprises; 3. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or yield of the portfolio in response to market conditions or City's risk preferences; and 4. If securities owned by the City aredowngraded by either Moody's or S&P to a level below the quality required by this Investment Policy, it will be the City's policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio. a. If a security is downgraded, the Finance Director and/or Financial Services Officer will use discretion in determining whether to sell or hold the security based on its current maturity, the- economic outlook for the issuer, and other relevant factors. b. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the governing board. C. Mitigating market risk in the portfolio Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer -term portfolios have the potential to achieve higher returns. On the other hand, longer -term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer -term investments only with funds that are not needed for current cash flow purposes. The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk: CITY COUNCIL POLICY TITLE: POLICY NUMBER: ADOPTED: AMENDED OR January 10, 2012 REVISED: Page 11 of 20 1. The City will maintain a minimum of three months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements; 2. The maximum percent of callable securities (does not include "make whole call" securities as defined in the Glossary) in the portfolio will be 20%; 3. The maximum stated final maturity of individual securities in the portfolio will be five years, except as otherwise stated in this policy; and 4. .The duration of the portfolio will at al.l, times be approximately equal to the duration (typically plus or • minus 20%) of a Market Benchmark Index selected by the City based on the City's investment objectives, constraints and risk tolerances. The City's current Benchmark will be documented in the investment procedures manual. X. INVESTMENT OBJECTIVES (PERFORMANCE STANDARDS AND EVALUATION) A. Overall objective: The investment portfolio will be designed with the overall objective of obtaining a total rate of return throughout economic cycles, commensurate with investment. risk constraints and cash flow needs. B. Specific objective: The investment performance objective for the portfolio will be to earn a total rate of return over a market cycle which is approximately equal to the return on the Market Benchmark Index as described in the City's investment procedures manual. XI. PROCEDURES AND INTERNAL CONTROLS A. Procedures The Finance Director and/or Financial Services. Officer will establish written investment policy procedures in a separate investment procedures manual to assist investment staff with day-to- day operations of the investment program consistent with this policy. Such procedures will include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director and/or Financial Services Officer. CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR January 10, 2012 REVISED: Page 12 of 20 B. Internal Controls The Finance Director and/or Financial Services Officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure will be designed to provide reasonable assurance that these objectives are met. Internal controls will be described in the City's investment procedures manual. XII. REPORTING, DISCLOSURE AND PROGRAM EVALUATION A,. Monthly reports Monthly investment reports will be submitted by the Finance Director and/or Financial Services Officer to the governing board. These reports will disclose, at a minimum, the following information about the risk characteristics of the City's portfolio: 1. An asset listing showing par value, cost and accurate and complete market value of each security, type of investment, issuer, and interest rate; 2. A one -page summary report that shows: a. Average maturity of the portfolio and modified duration of the portfolio; b. Maturity distribution of the portfolio; c. Average portfolio credit quality; and d. Time -weighted total rate of return for the portfolio for the prior one month, three months, twelve months, year to date, and since inception compared to the Benchmark Index returns for the same periods; 3. A statement of compliance with Investment Policy, including a schedule of any transactions or holdings which do not comply with this policy or with the California Government Code, including a justification for their presence in the portfolio and a timetable for resolution; and 4. A statement that the City has adequate funds to meet its cash flow requirements for the next 6 months. 13 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR January 10, 2012 REVISED: Page 13 of 20 B. Annual reports 1. The Investment Policy will be reviewed and adopted at least annually within 120 days of the end of the fiscal year to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends. 2. A comprehensive annual report will be presented in conjunction with the investment policy review. This report will include comparisons of the City's return to the Benchmark Index return, suggest policies and improvements that might enhance the investment program, and will include an investment plan for the corning year. C. Periodic audit The Finance Director and/or Financial Services Officer will establish a process of periodic independent review by an external expert to assure compliance with internal controls. CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR January 10, 2012 REVISED: Page 14 of 20 Appendix I Authorized Personnel The following positions are authorized to transact investment business and wire funds for investment purposes on behalf of the City of National City: Chris Zapata, City Manager Leslie Deese, Assistant City Manager Tina Norrdin, Financial Services Officer 1S CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR January 10, 2012 REVISED: Page 15 of 20 Appendix II GLOSSARY OF INVESTMENT TERMS° Agencies. Shorthand market terminology for any obligation issued by a government - sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are: FDIC. The Federal Deposit Insurance Corporation provides insurance backed by the full faith and credit of the US government to certain bank deposits and debt obligations. FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds. FHLB. The Federal .Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds. FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called "FreddieMac" issues discount notes, bonds and mortgage pass -through securities. FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as "FannieMae," issues discount notes, bonds and mortgage pass- through securities. GNMA. The Government National Mortgage Association, known • as "GinnieMae," issues mortgage pass -through securities, which are guaranteed by the full faith and credit of the US Government. PEFCO. The Private Export Funding corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government. TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio and Mississippi River valleys. TVA currently issues discount notes and bonds. Asked. The price at which a seller offers to sell a security. Average life. In mortgage -related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected. Banker's acceptance. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which "accepts" the obligation to pay the investor. Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy. I4 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR January 10, 2012 REVISED: Page 16 of 20 Bid. The price at which a buyer offers to buy a security. Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position. Callable. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment riskas the investor may receive its principal back when interest rates are lower than when the investment was initially made. Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable. Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies. Collateralized Mortgage Obligations (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities. Commercial paper. The short-term unsecured debt of corporations. Cost yield. The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return. Coupon. The rate of return at which interest is paid on a bond. Credit risk. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer. Current yield. The annual income from an investment divided by the current market value. Since the mathematical calculation relies on the current market value rather than the investor's cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity. Dealer. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position. Debenture. A bond secured only by the general credit of the issuer. Delivery vs. payment (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser's agent. /1 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: September 6, 2011 AMENDED OR January 10, 2012 REVISED: Page 17 of 20 Derivative. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components ("Stripped" coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate or index. Discount. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker's acceptances, are known as discount securities. They. sell at a discount from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons trade at a discount when the coupon rate is. lower than the current market rate for securities of that maturity and/or quality. Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk. Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration). Federal funds rate. The rate of interest charged by banks for short-term loans to other banks. The Federal Reserve Bank through open -market operations establishes it. Federal Open Market Committee: A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves. Haircut: The marqin or difference between the actual market value of a security and the value assessed by the lending side of a transaction (i.e. a repo). Leverage. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing. Liquidity: The speed and ease with which an asset can be converted to cash. Make Whole Call. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will n.ot be paid because of the call. With this type of call, an investor is compensated, or "made whole." Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral. CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 19901 AMENDED OR January 10, 2012 REVISED: Page 18 of 20 Market risk. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates. Market value. The price at which a security can be traded. Marking to market. The process of posting current market values for securities in a portfolio. Maturity. The final date upon which the principal of a security becomes due and payable. Medium term notes. Unsecured, investment -grade senior debt securities of major corporations which are sold in relatively small amounts either on a continuous or an intermittent basis. MTNs are highly flexible .debt instruments that can be structured to respond to market opportunities or to investor preferences. Modified duration. The percent change in price for 100 basis point change in yields. Modified duration is the best single measure of a portfolio's or security's exposure to market risk. Money market. The market in which short termdebt instruments (Tbills, discount notes, commercial paper and banker's acceptances) are issued and traded. Mortgage pass -through securities. A securitized participation in the interest and principal cashflows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security. Mutual fund. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund's prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds and money market instruments, as set forth in the individual fund's prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio. Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par. Prepayment speed. A measure of how quickly principal is repaid to investors in mortgage securities. Prepayment window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed. Primary dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S. Government securities market. 14. CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR January 10, 2012 REVISED: Page 19 of 20 Prudent person (man) rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as "Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes." Realized yield. The change in value of the portfolio due to interest received and interest earned and realized gains and Ibsses. It does not give effect to changes in market value on securities; which have not been sold from the portfolio. Regional dealer. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities, and that is not a primary dealer. Repurchase agreement (RP, Repo). Short term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller's point of view, the same transaction is a reverse repurchase agreement. Safekeeping. A service to bank customers whereby securities are held by the bank in the customer's name. Short Term. Less than one (1) year's time. Structured note. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements. Total rate of return. A measure of a portfolio' performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio. U.S. Treasury obligations. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk, and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds. Treasury bills. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three and six-month Tbills at regular weekly auctions. It also issues "cash management" bills as needed to smooth out cash flows. CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER: 203 ADOPTED: October 23, 1990 AMENDED OR REVISED: January 10, 2012 Page 20 of 20 Treasury notes. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually. Treasury bonds. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually. Value. Principal plus accrued interest. Volatility. The rate at which security prices change with changes in general economic conditions or the general level of interest rates. Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost. ©Copyright 2011 by Chandler Asset Management, Inc. ATTACHMENT 3 CITY COUN:CIL POLICY TITLE: InvesSments POLICY NUMBER 203 ;ADOPTED: October 23, 1990 REVISED Feb 19, 2008 1 Scope This policy applies to all the financial assets accounted for in the City of National City and the Community Development Commission of National City (hereafter referred to collectively es the "City"), Comprehensive Annual Financial Report and • any new fund created by the City Council, unless specifically exempted. Purpose The purpose of this document is to -identify various policies and procedures that en- ,hance opportunities for a prudent and systematic investment processand to organize .and formalize: investment -related :activities.. Related activitieswhich comprise sound' cash management include accurate cash flow projections, control of disbursements, expedlerft c011eptiort .cf. revenues, cost effective. banking :relations and a short tenn borrowing program which coordinates.investmenteppoirtunitywith working capital re- quirenients. The ultimate goal is to enhance the economic status of the City- while' protecting its pooled cash resources and to provide broad.guidelines to the officer of,^ the City charged withthe responsibilities for investment of temporary idle funds. The investment policies and: practices of the City are based on state law and prudent money management. All funds will pe invested in- acco:dance with -the .City's Invest . ment Policy and the authority governing investments for municipal- governments as - Set forth in the. Califormie Governjrient. Code,; Sectiarts.53601 through, 53659. The in vestment of bond proceeds are restricted.,¢y the provisions of relevant bond docu=- ments:, Policy ;Temporarily idle funds will be invested in. a mariner which will .provide the highest in-.. vestment return with the maximum security while meeting the daily cash flow de- mands of the Gity and conforming to all state and local statutes governing the invest- ment of idle funds. CITY OF NATIONAL CITY aa;' CITY COUNMPOLICY TITLE: hivestnients. POLICY NUMBER 203 ADOPTED: October 23., 1990 R•EVISFD Feb I9, 2008, • 2 • Standard of Prudence Investments shall be made in context of the "Prudent Investor" rule, which states that "Investments shall be made with judgment and care, under circum- stances then prevailing, which persons of prudence, discretion and in- telligence exercise in the management of their own affairs, not for • speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived:" This standard of prudence shall be applied in context offnariaging an overall port-1 Investment officers actInJn. poi:onionopwith written.pro0dures end theinvest- ment Policy and exercisingdue diligence Shoji be relieved tkpettonal responsibility! for an individual secpritYs (*edit riSli or market'pride-,cbangee provided deviations from expectations are repOrted in a timely fashion and appropriate action is take to control -adverse developments. Objective The primary objectives, in priority order,- of the Clty's investment activities shall be: Safety: Safety of principal is the foremdst objective of the investment program.; Investments of the City shall be undartaken in a Manner that seeks to ensure' the preservation of capital in the overall portfolio. To attain this objective, di- versification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of.overall portfolio. ; CITY OP,NATIOI4AL CITY. CITY COUNCIL POLICY TITLE: Irivestloents POLICY . fB R 203 ADOPTED: October 23,1990 REVISE} Eeb 12,2005. 3 - ach investrent transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk: Credit risk: Credit risk, defined as the risk of Toss due. to failure of the issuer 'of a security, shall be mttigatecl by 'investing only with issuers whose financial strength and reputation can be verified tobe the high- est as rated by nationally known rating agencies,.and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow. 'Market risk. Market Tisk,. the: nslc of the market value #luctuatkitis, to ovarali changes in the general !eve" of interest*es, "shaft be tnitj-„ gated by '(a) structun g the portfolio so. that Securities matt re earner than Or cohcurrent_with the timing of major cash outflows, thus elfin'- hating. the need to sell- securities prior to their maturity; (b) prcihiibiting the use of.leverage and margin' abcounts; and (c)prohibiting the taking of short positions -that is, selling securities which the city does not own It is explicitly recognized herein, however, that in: a diversified. . portfplii, occasional measured tosses are inevitablle,'and must be core. sider•.ed'within"the context of the overall investment return iJquiditV:: The City`s investment portfolio wilt relrisin sufficiently liquid to enable the City to meet all operating requirements which might be reasonably antici- pated. An adequate . portion of the portfolio should be maintained in liquid short term securities which can be converted to cash and guarantee the City' ability to meet operating expenditures. CITY OF NATIONAL CITY z CQUNCIL POLICY. "-TITLE: POLICY Inyestmerits 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 4 Return on investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of. the portfolio: The market -average rate of return is defined as the twelve-month average of the return on the:six-month U.S. Treasury Bill. Whenever possible, and con- sistent with risk limitations, as defined herein, and prudent investment princi- ples, the Treasurer Shall. seek to augment returns above the market- average rate of return. Deleoation of:Authority • _ „ Management responsibility for the investment program is hereby delegated to the Fl- kanOe 'Director, wh� shall establish written procedures for the operation of the invest - :Merit 'program consistent with the inveettnent policy. The oversight responsibility for the. investment program is hereby delegated to the Treasurer who shall monitor and ;review all investments for consistency with4his investment policy. Procedures should include reference to: safekeeping, repurchase agreements, wire transfer agreements, :collateralklepository agreements .a.ncttianking service contracts. Such procedures ;shall include 'explicit delegation of. auMerity of .persons responsible for investment 1:transactions. No person May. engage:in an investment transaction except as pro - Added under the terms of this policy and the procedures, established by the Finance 'Director. The Finance Director shall be responsible for all transactions undertaken :and shall establish a sycterrt of controle- to regulate the activities of subordinate offi- clam. • thics and Conflicts of interest Officers and employees involved in the investment process shall refrain from per- sonal business activity that could conflict with properexecution of the investment pro- gram, or which could impair their ability to make impartial investment decisions. Em- ployees andinvestment officials shall disclose to the City Manager any material finan' cial interest in financial institutions that conduct business with the City, and they shall CITY .6"NATIONAL CITY CITY C. OUNCIL POLICY , Invstments -Poucy. NUMBER 203 ADOPTED.: October 23, 1990 REVISED Fell 19, 2008 5 further disclose any large personal financial investment positions that could be Iated tO'the performance of the City's portfolio. Employees and officers shalt subordi-• nate their personal investment transactions to those of the City, particularly with re-' gard to :the time of purchases and sales. Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment:services. investments will be .placed with SEC registered broker dealers, only. In addition, a list will also be maintained of approved security broker/dealers,, selected: by credit worthiness with at leastfive years of operation. These !nay include, "primary" dealers or regional dealers that qualify under Securities 4 Exchange Com- mission . Rule 1503-1 (uniform net capital rule). No public deposit shall be made ex-,, cept in a qualified public depository as established by state laws: " • Am:annual review .of the finandal condition and registrations of qualified bidders wiU .tte--cor4duCted_W the Finance. Director: A current financial itaternent:10 tie -submitted: annually is required to be on fde for each financial institution, and broker/dealer irL .which the City invests. Broker/dealers are also required to provide proof OUNASD, certification and proof of State registration. The Finance Director ,shall provide a current edition of the Irivostenent Policy to ak deaiers/brokers which have been*previously approved to handle investment transac- tions. Receipt of tile -policy, inCluding.confirtnation that it has, been reviewed by per- sons handling:the Gity's account should be acknowledged in Writing prior'th com- mencing id trade. Authorized and Suitable investments • security purchases and. holdings: shall be maintained within statutory limits imposed: by the Government Code. The Finance Director will maintain phst Of permissible inr; vestrnents and thecurrent limits for each type of investment. ELIGIBLE INVESTMENTS Investinents may be'Made in,securities Qvhicharepermi,ssibia investmentunder the; California Government Code, as they now read or may hereafter be amended, from; money in the treasunj not required for the. inimediate necessities -of the City. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: 0etober 23, 1990 ityjr.sED :Feb 19, 2Q08 • 6 The following are the criteria for eligible investments: 1. All investments of the City shall have the City of National City or the Commu- nity Development Commission of the City of National City as the registered, owner and shall be kept in the custody of the City or by a qualified safekeeping institution. 2. Investments shall be diversified among institutions, types of securities and: maturates to maximize safety and yield with changing market conditions. • 3. Investment of funds through authorized broker/dealers- and in permitted finan- ciaLinstitutionS. • . 4, Investments should a final Maturity of 2 years toreduce arty intereet.,rete3 risk afund.. The 'Prudent Rule Investor" shall apply under certain market condi-: tions to go beyond 2 years if the instrument has a callable, transferable, negotii ble. feature in Which maturity would fall within the-limits:of the California govern-, rnerit'Code section. 5. No derivatives will be allowed in the fund, including .inverse 'floaters, range notes, interest only strips from Collateralized Mortgage Obligations (CMOs) or, any•sedurity that could result in zero interest accrual if held to Maturity. 6, "PermissibleAnvestments -as allowed in Government Codes (see Figure 1 on; page 16)53601, 53635, 53637, 53652 and 43653 are as follows: GOVERNMENT OBLIGATIONS consisting of (a) US Agencv Bonds are notes .and bonds of FederaL Agenties-, GovernMent Spr- sorecl Enterprises and International institytions. Agencies are not the direct obliga- tion of the treasury but involve federal sponsorship or guarantees. (b) U.S. Treasury Obligations whiCh are notes, bonds, bills or certificates of indebted- ness- issued by the U.S. Treasury and are direct obligations of the Federal Gov- . ernment. BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust Company and. brokered to investors in the secondary market The maximum maturity Of an issue will be 180 days. Issuers must be at or above tha. following investment grade from the rating firms -of Fitch - "Mbody's - Pi (A when applicable), Standard (. CITY OF NATIONAI, CITY • :CITY .COUNCIL POLICY • TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 7 and Poor's - Al (A when applicable). The maximum exposure shall be no more •than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility,, guarantee/band of indemnity or- some Other support -agreement. The maxiniurn ma— turity of an issue shall be 180 days. Issuers must be al or above the following investL' ment grade from one of these rating firms: Fitch - F1, Moody's -Pi (A when applica, ble), Standard and Poor's - Al (N When applicabie). The maximum exposure shall be no more than 15% of the portfolio value. MEDIUM -TERM NOTES are defined in Government Code Section 53601 as all cor- porate and depository institution debt securities with.a maximum remaining maturity Of five .years or lesS, issued by corporation s organized and operating within the; 'United States or by depository institutions licensed by the United States or any staW and operating within the United States. Notes eligible for investment under this vision shall be rated "A" or better by nationally: recognized rating Service.. Purchases, of mediurri-termnotes shall not include other instruments authorized by section 53601 and may not exceed 10% Of the portfolio value. " NEGOTIABLE CERTIFICATES OF DEPOSIT issued by FDIC insured commercial banks and thrift institutions. Funds are deposited for specified periods of time and earn either .a fixed or variable interest rate. The nwirmim maturity of an issue will be generally be no more than .2 years on new investinents, Certain exceptiops can be.. made upon the discretion of the Finance Ditactor. issuers Must be at or above thk following investrnent grade from the rating frems, Fitch bp or AA, Moody's .- P1 or -AA, Standard and Poor's - Al or AA Issue is limited up to $100,000, unless collateral- ized. Collateralized investment issue is limited -to $4,000,000. No more than 30% of the portfolio value can be invested in any combination of negotiated certificates and Certificates of Deposit Account Registry Seniice:(CDARS). CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICE (CDARS). Allows for FDIC coverage of deposits of greater than $100,000 when funds are invested through a "deposit placeMent service". The CDs are in increments of less than $100,000 to :ensure that both principal and interest are eligible for full FDIC insurance. No morei .than 30?/o of the portfolio value can be invested in any combination of certificates of deposit issued through a private sector deposit placement service and negotiated certificates of deposit. CITY OF NATIONAL CITY CITY COUNCIL_ PO ICY • TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990:.. REVISED .Feb 19, 2008 8 COUNTY OF SAN DIEGO TREASURY POOL. Investment of funds in the County of San. Diego Treasury which allows the County Treasurer -Tax Collector to invest locaF funds through a pooled concept. LOCAL AGENCY INVESTMENT FUND (LAIF) is a pooledinvestment fund through,. the State Treasurer. This is a liquid` investment that has no maximum maturity. INVESTMENT TRUST OF. CALIFORNIA (CaITRUST) is a pooled investment pro gram through the CaITRUST Joint Powers Authority,: authorized by GovernmentCode Section 53601(o). CaITRUST provides three pooled account. options (Short-, Term, Medium -Term and Long -Term). The CaITRUST Short -Term Account provides daily liquidity; 'the Medium -Term and Long -Term Accounts permit monthly deposits; and withdrawals. All of the accounts comply with the limitations and:. restrictions placed on local it vestments:by the Government Code. and no leverage is. permitted:" ih any of the accounts.. The Finance Director shall have the authority to adjust the investment portfolio per-. cent distribution and maximum maturities depending on certain market conditions in accordance with the terms of the:government codes. INELIGIBLE INVESTMENTS Investments not described herein, Including,but not limited to, reverse repurchase' agreements, common stocks, and corporate notes and bonds are prohibited from uses in: this portfolio. Further, investments which exceed five years in maturity require au- thorization by City Council prior to purchase. • CITY O F NATIONALCITY 029 CITY COUNCIL POLICY TITLE: Investments POLICY NLT1vIBER 203 ADOPTED: October 23, 1990 REVISJ? . Feb 19, 2008 Collateralization. To secure active or inactive deposits, the amount of securities, placed with the deposi- tory shall at all times be maintained as .specified in California Government Code 53652.and pursuant to Section 53656 and 53658. The Finance Director is,authorized to waive collateral for Certificates of Deposits to the extent of FDIC or FSLIC insur- ance,coverage. Marketable securities which are provided under a repurchase agreement shall be held by the City's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are .subject to the Finance Director's ap- proval. SafeIeepino and Custody -All investments of the City shall have the. City of National City or the Community De-; velopment Commission of the City of National City as registered owner andshall be• held in safekeeping by a third party bank trust department, acting as agent for the' City under the terms of a custody agreement. Diversification The City will diversify its investments by security type and institution. With the excep- tion of U.S. Treasury securities, Certificates of Deposit, Certificate of Deposit Account Registry Service (CDARS), and the Local Agency Investment Fund pool, no invest- • ment may be made that would, as of the date a particular investment is being consid- ered, result in having more than 15% of the City's total investment poitfolio•being in-' vested in a single security type or with a single financial institution. Non -Discrimination The City shall notknowingly make any investment in any financial institution and bro- ker/dealers that practices or supports, directly or indirectly through it actions, dis crimination onthe basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008 10 Performance.Standards The investmentportfolio will be designed to obtain a::market average rate of return. during budgetary and economic cycles, taking into account the City's investment risk: constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six-month Treasury Bill. Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed, by law. Any statutory allocations to restricted funds shall be made in proportion to the. ratio of restricted. fund balances to tha total pooled. balances. CITY COUNCIL POLICY TITLE: Investments POLICY NUMBR. 203. ADOPTED: OctOer 23, 1990 REVISW) p'et) 19, 2008 Reporting The Finance Director shall render a quarterly report to the City Council and City Man ager showing the following. information: 1. Type of investment 2. Name of financial institution • 3. Date of purchase 4. Date of maturity 5. Current market value for all securities 6. Rate of interest 7. Purchase price of investment 8. Other data as required by the City A written confirmation of investments shall be issued by the seller or purchaser of the, security confirming the transaction. Items included in the confirmation are the name of security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or selling price, accrued interest if applicable, settlement date and any addi- tional inforrnation fully describing the security. Pdlicy Review This investment policy shall be reviewed at least annually to .ensure its consistency. With the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Amendments to the pol- icy shall be forwarded to the City Manager and the City Council. Review of activities by outside independent auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the Treasurer!s, accounts has been performed. The auditors should confirm all investment holdings,' at fiscal year end. " • • • CITY OF NATIONAL CITY •CITY COUNCIL POLICY • TITLE: Invegtme4ts POLICY 1\11.143ER 203 ADOPTED: October 23,._1990 . , 12E VISED Feb 19,-2008 12 Related Policy References Resolution No, 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-110 Resolution No. 98-136 Resolution No. 99-130 Resolution No. 00-120 Resolution No. 2002-149 Resolution No. 2004-203 . • CITY OF.NATIONAt CITY CITY -COUNCIL POLICY • TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Feb 19, 2008_ 13 CITY OF NATIONAL CITY INVESTMENT POLICY Glossary of Terms Arbitrage -'Transactions by which securities.are brought and sold in different markets at the same time for the sake of the profit arising from a. yield difference in the two markets. Bankers Acceptance —A draft or bill or exchange accepted by a bank or .trust company.. The accepting institution, as well as the issuer, guarantees payment of the bill. Bond Proceeds -The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These monies are used to finance the project or purpose for. which the securities were issued and to pay certaincostsof issuance: as may be provided in; the bend. contract Broker —:-Someone who brings buyers and sellers together and is compensated for his/her service. Collateralization-Process by which a borrower pledges securities, property, or other de- posits for the. purpose of securing the repayment of a loan and/or security. Commercial Paper —An unsecured short-term promissory note issued by corporations, with maturities ranging frorn 2 to 270 days: County Pooled investment` Funds -The aggregate of all funds from public agencies placed in the custody of the County Treasurer or Chief Finance Officer for investment and reinvest- Ment, Coupon -The annual rate:of interest .that a bond's issuer promises to pay the bondholder on the bond's face value; a certificate attached to a bond evidencing. interest due o n a payment date. Interest Rate —The annual yield earned on: an investment, expressed as a percentage. • CITY OF NATIONAL. CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMPER 203 ADOPTED: •October.23, 1990.. REVISED Feb..19, 2008 14 Custodian -A bank or other financial institution that keeps custody of stock certificates and other assets. Dealer —Someone who acts as a principal in all transactions, including buying and selling ` from his/her own account. Defeased Bond Issues —Issues that have sufficient money to retire outstanding debt when due so that the agency is released from the contracts and covenants in the bond document. Derivative —Securities that are based on, or derived from, some underlying asset, reference,. date, or index. Coverrime►lt-Accounting Standards Board (GASB)=-A standard -setting body, associated with the 'Financial: Accounting Foundation, which prescribes standard accounting practices fork govemmental units. i Fannie Mae -Trade name for the Federal National Mortgage Association (FNMA), a United States sponsored corporation. Federal Reserve Systern—Thecentral bank of• the United States consists of a sevenmem- ber Board of Governors, 12 regional banks and 5,700 commercial banks .that are members.. • Federal Deposit Insurance Corporation (FDIC) —Insurance provided to customers of :a" subscribing bank thatguararitees deposits to a set limit (currently $100,000) per account. Freddie Mac —Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a United States sponsored corporation. 01111110" Mae —Trade name for the Government National Mortgage Association (GNMA), a di- rect obligation bearing the full faith and credit of the United States Government. Liquidity —Refers to the ability to rapidly convert an investment ihto cash. Local Agency Investment .Fund (LAIF) Demand Deposit —Was established by the state to enable treasurers to place idle funds in a pool for investment: Medium -Term Notes — Instruments issued by corporations organized and operating within. • the United States or by depository institutions licensed by the United States or any state and. operating within the united States. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October.23, 1990 REVISED Feb 19, 2008 15 Sallie Mae - Trade name for the Student .Loan Marketing Association (.SLMA), a United. States. sponsored corporation. Treasury Bills — United States Treasury Bills which are short term, direct obligations of the United States Government issued with: original maturities of 13 weeks, 26 weeks and 52' weeks; sold in minimumamounts of $10,000 in multiples of $5,000 above the minimum. Is- sued in book entry form only. T-bills are said on a discount basis. United States Government Agencies — Instruments issued by various United States Gov- ernment Agencies most of which are secured only by the credit worthiness of the particular agency. Market .Risk —Defined as market value fluctuations due to overall changes in the general levelof interest rates. Adverse fluctuation possibilities shall be mitigated -by limiting the maxi mum maturity of any one security to five years, structuring the portfolio based onhistoric and` ,current cash flow analysis, and eliminating the need to sell securities for the sole purpose of `short-term speculation *Mitigates market risk: Market Value —The price at which a security is trading and could presumably be purchased or sold. Maturity —The date the principal or stated value of an investmentbecomes due and payable. Portfolio —Collection of securities held by an investor. Purchase Date —The date in which a security is purchased. for settlement on that or a later'. date. Rate of Return -The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (REPO) --Contractual arrangements between a financial institution or dealer and an investor. The investor puts up their funds for a certain number of days at a stated yield. In return, they take title to a given block of securities as collateral. At maturity, the securities are repurchased and the funds are. repaid with interest • CITY QF.NATIONAL CITY CITY CO C NCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23 1990; REV);SED Feb 19, 2008 FIGURE 1 Allowable Investment Instruments Per State Government Code 53601 Applicable. to All Local Agencies investment Type. U.S. Treasury Obligations State of California Obligations CA Local Agency Obligations US Agencies Bankers Acceptances :Commercial Paper Negotiable. Certificate's of Deposit .Repurchase Agreements Reverse Repurchase Agreements' ' Medium -Teri Notes Mutual Funds Money Market Funds Collateralized Bank Deposits Mortgage Pass -Through Securities Time Deposits Pooled Investment Funds • Aleximu. m Maturity 5 years 5 years 5 years 5 years 270 days 180 days 5 years 1 year 92 days 5 years N/A N/A.• 5 years 5 years 5 years N/A Maximum % Quality of Portfolio Requirements None None None None None None 16 None None 40% Fed Reserve Eligible 15% or 30% /A1/P1 rating 30% Npne None None 20% Of base None 30% A rating 20% Multiple 20% Multiple None None 20% AA rating None . None None • None *See "permissible Investments as allowed in Govemment Codes" on page 6 for notes_related to this. figure. CITY OF NATIONAL CITY • •.3J A GUST 2011 Recent economic and financial turmoil has drastically changed the investment landscape. Investors face decisions about new securities, unfamiliar asset classes, different financial relationships, and an altered regulatory framework.. This backdrop of change provides a timely reminder to revisit and evaluate existing investment policies, and perhaps adopt needed modifications. A thoughtfully considered, and well -drafted investment policy statement, forms the foundation of a comprehensive investment program. The very process of creating,'or even reviewing, an investment policy compels an entity to carefully consider its situation, including its objectives, constraints, abilities, and resources.Involving management and - staff, at least for an Initial draft is a chance to get a rounded perspective. The investment policy can serve as a checklist that organizes 'and structures an entity's investment program. STARTING OUT Internal Changes. A good place to start is to consider what changes have taken place internally since the last review' of your. Investment policy; especially in Tight of the major economic and financial turmoil, has your entity's tolerance for risk changed? Has the size of your portfolio changed? How have your revenues,. expenses' weathered the economy?. Has the predictability.f your cash flows changed? Have any of Mete causedyour objectives to change?_Are your.staffing and other resources for the investment process the same? Have they changed:in such away to alterwhat you tan do with your investment program?Take inventory of these Internal changes and evaluate how they affect your Jnvestment•poljcy. Plan to makethanges and modiificationsaccordingly. ' Your Financial Relationships. The period: since 2008 has. wreaked. havoc on financial firms. The way they.arestructured and.regulated has iagp:n�f changed. Firms formerly considered appropriate have either disappeared or been acquired: Rethink your selection criteria for approved depositories. Regulation continues in a state of flux. New Securities and Asset Classes. Government sponsored enterprise (GSE) securities have historically been popular among investors with primary objectives of safety, liquidity and yield . . because of their perceived safety and strong liquidity. The effects of GSE troubles have been two -fold: on the one hand; the federal . government is rethinking the future of these issuers. This has implications for safety, liquidity and supply, if not for current securities, then for future ones. As well,. many investors have reconsidered the place of such securities In their portfolios. Ultimately, other securitiesand/or asset classes will take their place. Evaluate the role of these securities, newsecurities, or potential future securities in your portfolio, and how you will handle such changes in your investment policy overtime. : For example, consider whether you would like. to expand or alter the role of certain municipal securities in your policy. REVIEWING THE INVESTMENT POLICY ITSELF Introductory Background Section: i n .addition to being an internal document, an investment policyis an external document. That is, it can provide valuable information to an entity's partners -whether financial institutions or other Interested stakeholders such as ratings. agencies,investors in the entity's own debtor others. Accordingly, starting with an . Introductory : overview of the entity might . provide useful context. CHANDLER 16 I Asslr JyW4A iEMENt. Scope: The scope describes which funds the investment policy covers: Some entities explicitly state funds that are excluded from the policy. If an entity pools it$.funds to benefit:from economies of scale or to simplify the process,: such pooling should be identified. in the scope, If changes in the entity have changed the scope of funds covered —either increased or decreased -these should be noted here. Investment Objectives. An investment policy should succinctly identify its objectives: safety of principal, liquidity for both anticipated and unexpected obligations, and appropriate return. The return objective can be further clarified by identifying a benchmark or a target that an investor deems appropriate. Prudence, Indemnification and Ethical Standards.. This section should clearly state that investments will be made with prudence and that staff will follow a prudent standard of conduct. Such a statement of prudence communicates internally and externally an entity's commitment to following a high standard in investing. A statement of:indemnification relieves an entity's. officers or staff from personal responsibility so long as they actin accordance with•written procedures and the investment policyand exercise due diligence, as long as deviations are reported within a given period and appropriate action is taken to control adverse developments. As part of the investment policy, consider, whether indemnification language adequately protects staff. This section often includes.a statement on ethical conduct and prohibiting conflicts of interest. Consider whether your investment policy appropriately promotes ethical. conduct and discourages conflicts. Delegation of Authority. In this section of the investment policy, an entity can include a provision that the Finance Director or Treasurer establish written. procedures for the operation of the cash managernent/ investment program, consistent with this investment policy, and also a system of Internal:control to regulate. the activities of subordinate employees.- Ending this section with a paragraph or a feWsentences about the use ofexternal Investment advisers provides flexibility for, the entity. Whether or not an entity currently uses an investment adviser, having a section . that allows for the delegation of authority.for:the Management of an entity's investment portfolio in a manner consistentwith the entity's investment:policy is 3 prudent. The section should'require that any investment adviser:be.registered withthe SEC under. the Investment Advisers Act of 1940 and adhere to the prudent expert standard: •AUTHORIZED FINANCIAL INSTITUTIONS . . An..entity depends onrelationships with..financial:. institutions to transact investments. Establishing and maintaining relationships with financially sound and • trust -worthy partners. is of paramount importance. Having a list that defines with which institutions an • entity cantransact Investments ordeposits and having. • a due diligence process fo_ r their selection are key to the objective of safety. Broker -Dealers. In this section of the investment policy, an:entity can state that authorized broker -dealers are selected through a diligence process that the entity describes in the Investment Procedures Manuol that all investors are encouraged to create. Recent backdrop of change provides a timely reminder to Depository Relationships. This section • of the investment policy should identify the process by which depository relationships are established. Delivery and. Safekeeping.. One of the most important protections and a revisit and evaluate ' control against fraud is the separation existing investment . the safekeeping and custody function from the investment function. policies. p investment policies should include a . . section regarding independent third- .. party safekeeping or custody of securities: By arranging to have securities held by a third party, an entity can effectively: minimize safekeeping or custodial risk in an investment transaction: Another topic that should be covered in this area is. delivery -versus payment. Thispracticerequires that no funds be released until securities are:delivered. Having it In the investment policyformalizes this. requirement for. the entity and ensures that it is followed. • • • Authorized Investments: Entities should use cautionIn draftingand evaluating.this section: Make.surethe . investments.listed are appropriate for the entity's speclfic sltuation._When starting with a template or, model Investment policy, pay close attention to this section. • In light of the recent financial crisis; certain new • Investments emerged such as the government.backed corporate notes: Investors' interest has been :heightened in. Investments.such-as municipal bonds.. Other securities such as commercial paper might have .Iostsome.inVestors' interest. Reviewingthelist. of authorized investments makes sense given the meaningful change that has taken place. ',rtfolio Risk Management. An investment policy can clude a section that addresses how an. entity manages the risk in the portfolio: Use this as an opportunity to evaluate whether your risk control parameters are sufficient. Prohibited Transactions: In this section, anentity can specifically identify investments that are prohibited or not allowed. Mitigating Credit Risk. In this section, an entity can discuss techniques it uses to protect against credit risk. This can include diversification, placing absolute knits on percentage of portfolio that can:be invested in anyone issuer (except US treasuries), allowing for the sale of a security prior to its Maturity and recording a capital gain or loss in the interest of improving the quality, liquidity or yield of the portfolio in . response to market conditions orthe entity's risk preferences;. and having a policy for dealing. with downgraded securities. Mitigating Market Risk, An. entity can include.a subsection in portfolio risk management that addresses market risk, the rlsk that the portfolio value will fluctuate due to changes in the general level of interest rates. The investment policy can include several techniques that address market risk, such as providing adequate liquidity for short-term cash needs, and making longer -term investments only with funds that not needed for current cash flow purposes. Limits can be placed on callable securities, and final maturity of securities: can. be constrained to a specified maturity: Performance Standards and Evaluation. Aseparate„ section of the investment policy can address how'your investmentportfolio will be measured. and evaluated. Have you identified how you will select and use benchmarks to measure and evaluate. your performance? Do you identify a benchmark? Is it still appropriate? Do changes need to be made in this area? Procedures and Internal Control. Inthis section, the pr RISKS AND OTHER IMPORTNIT cONS[DERAIIONS Confirm your investment policy is reflecting and guiding your current investment investment policy should state that an investment procedures manual is required:The procedures manual should cover daily treasury operations, name the entity's financial partners (e.g.;•advisers, brokers, bankers and custodians), and describe internal controls designed to protect an entity's assets from:loss, theft or misuse. Having these in a separate document allows for • changes without governing board approval.. Reporting, Disclosure and Program Evaluation. This component of the investment policy is crucial in • maintaining transparency: and accountability. Reports: are effective means to track investment activity, assess how investment activity conforms to adoptedguidelines and policies and to evaluate how.the portfolio is performing relative to its -objectives. The section should address the format... and content of reports, frequency and who should prepare and who should receive and review the reports. Specified Og am. • frequency might be monthly; quarterly; and annually. CONCLUSIONS It is prudent to review your investmentpolicy periodically. Ideally, such review would take place annually. In normal circumstances,: it is a good opportunity to review your investment program, using the investment policy as a checklist. Given the unprecedented changes that have taken place in investing, it is timely to take inventory of your program and confirm your investment policy is reflecting and guiding your current investment program. his report is provided for general Infarmptlon mamas only and should not be construed as specific lapel, tax; or vandal Planning advkie,All opinionsaid.vlewa co stlWte judgments or .flayenr Infomapon al of the dote of milky and ends kdlkrnatlai may#leaorne Outdated or superseded at any timavAthold notksihte repot Is not Weeded td constitute en offer, kite^ . bon, rosom ie dadon-otedvke regerdky any securities «Investmentbfrahgy. ibis information should.not be regarded byredplente as a adlttlhrte for the aceldse of their casniudfinent. Paced MOM. teNr.estrnerds are tub)at to kaa`ast'c edit, and madmtdsk. Merest rate risk the value of @ income me in ethnentssdl detiine as Interest rates rise. credit dde the possibility, that the honowv.inay notbe able to repay Wrest and prkidpal. tow -rated bonds generally have to pay higher lntsrest rates to attract waling to take on greater risic Market risk the bond market n general;could decline due to economic mditions,,:espedelly during periods of neina intgest rates. , RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 203 PERTAINING TO THE NATIONAL CITY INVESTMENT POLICY BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 203, entitled "Investments", is amended as recommended by the City Manager. PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 15 'EM TITLE: Resolution of the City Council of the City of National City modifying the contribution rates to the Public Employees' Retirement System by decreasing the City's contribution and incrementally increasing the member contribution paid by the City of National City's Police Officers' Association Represented Employees reaching a 100% employee contribution in July, 2013; and rescinding City Council Resolution 2011-261. PREPARED BY: ilia Munoz, HR Technician DEPARTMEN PHONE: 336-4309 APPROVED EXPLANATION: r,_ 'esources j On December 6, 2011, the City Council approved a Memorandum of Understanding (MOU) between the City of National City and the National City Police Officers' Association (NCPOA) for the period July 1, 2011 through June 30, 2014. The terms of the MOU included an amendment to Article 17, Public Employees' Retirement System (PERS). Since July 2009, the City has contributed seven percent (7%) of the employee's nine percent (9%) member contribution, with the employees contributing the other two percent (2%). As amended, NCPOA employees have agreed to pay the employee contribution as follows: three percent (3%) effective July I, 2011, two percent (2%) effective July 10, 2012, and two percent (2%) (Non-swom one percent 1%) effective July 9, 2013. As such, NCPOA employees will assume responsibility for the full employee contribution effective fiscal year 2013/2014. To effect this provision, pursuant to Government Code Section 20691, the City Council must amend the contract between the Board of Administration of PERS and the City Council by adopting a resolution specifying the plan change. Therefore, staff seeks a resolution reducing the Employer Paid Member Contribution to Ca1PERS for NCPOA employees to four percent (4°10) effective July 1, 2011, two percent (2%) effective July 10, 2012, and eliminating the Employer Paid Member Contribution effective July 9, 2013. is action is intended to replace City Council Resolution 2011-261 in order to remedy factual errors in the titling and language of the ;olution. FINANCIAL STATEMENT: ACCOUNT NO. Fiscal Year FY 11/12 Savings $310,822 FY 12/13 $526,421 FY 13/14 $771,477 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the new resolution and rescind the Council Resolution 2011-261 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: >olution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MODIFYING THE CONTRIBUTION RATES TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) BY DECREASING THE CITY'S CONTRIBUTION AND INCREMENTALLY INCREASING THE MEMBER CONTRIBUTION PAID ' IEMBERS OF THE NATIONAL CITY'S POLICE OFFICERS' ASSOCIATION, AND ELIMINATE THE CITY'S CONTRIBUTION EFFECTIVE JULY, 2013, AND RESCINDING RESOLUTION NO. 2011-261 WHEREAS, the City Council of the City of National City has the authority to implement Section 20691 of the Government Code, which provides that the City may periodically increase, reduce, or eliminate the payment by the City of all or a portion of the normal Public Employees' Retirement System (PERS) member contributions required to bepaid by employees; and WHEREAS, since July 1, 2009, pursuant to the terms of a Memorandum of Understanding (MOU) with the National City Police Officers' Association (NCPOA), the City has paid as the Employer Paid Member Contribution (EPMC) 7% of the employee's PERS contribution for employees represented by the NCPOA, with sworn employees paying 2%, and non -sworn employees paying 1 % of the contribution; and WHEREAS, the City and the NCPOA have recently entered into a new MOU for the period July 1, 2011 through June 30, 2014, which provides in part that the City will pay -a reduced EPMC for employees represented by the NCPOA, and that the EPMC will incrementally be eliminated, with said employees paying the full member contribution effective July 9, 2013; and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: 1. This action shall apply to all sworn and non -sworn employees represented by the National City Police Officers' Association„, 2. The benefit shall consist of paying 4% of the normal member contributions as EPMC effective July 1, 2011; 2% effective July 10, 2012, and 0% effective July 9, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby elects to pay Employer Paid Contributions as set forth above. BE IT FURTHER RESOLVED that Resolution No. 2011-261 adopted on December 6, 2011, is hereby rescinded. --- Signature Page to Follow --- Resolution No. 2012 — January 10, 2012 Page Two PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 16 'EM TITLE: Resolution of the City Council of the City of National City modifying the contribution rates to the Public Employees' Retirement System by eliminating the City's contribution and increasing to 8% the . mber contribution paid by the City of National City's miscellaneous employees, Confidential Employee Group Subset; and rescinding City Council Resolution 2011-263 PREPARED BY: Lilia Munoz, HR Technician PHONE: 336-4300 EXPLANATION: DEPARTMENT: APPROVE Resgxirces Since January 2011, the City and its Confidential employees have shared the cost of the employee's retirement contribution with the City contributing five percent (5%) of the employee's eight percent (8%) member contribution, and the Confidential employees contributing the other three percent (3%). As amended, the miscellaneous employees in the Confidential Employee Group will pay an additional five percent (5%) of the employee contribution effective January 10, 2012. As such, employees will assume responsibility for the full employee contribution. To effect this provision, pursuant to Government Code Section 20691, the City Council must amend the contract between the Board of Administration of PERS and the City Council by adopting a resolution specifying the plan change. Therefore, staff seeks a resolution to eliminate the Employer Paid Member Contribution to CaIPERS for miscellaneous employees in the Confidential Employee Group. is action is intended to replace City Council Resolution 2011-263 in order to remedy factual eyrors in the titling and language of the Resolution FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: NA1 Fiscal Year Savings FY 11/12 (6 months) $11,851 FY 12/13 $23,703 FY 13/14 $23,703 FY 14/15 (6 months) $11,851 ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the new resolution and rescind the Council Resolution 2011-263 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: solution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MODIFYING THE CONTRIBUTION RATES TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY ELIMINATING THE CITY'S CONTRIBUTION AND INCREASING TO 8% THE MEMBER CONTRIBUTION PAID BY THE .CITY OF NATIONAL CITY'S MISCELLANEOUS EMPLOYEES, CONFIDENTIAL EMPLOYEE GROUP SUBSET, EFFECTIVE JANUARY 10, 2012, AND RESCINDING RESOLUTION NO. 2011-263 WHEREAS, the City Council of the City of National City has the authority to implement Section 20691 of the Government Code; and WHEREAS, since January 1, 2011, the City and the members of the Confidential Employee Group Subset of the City's Miscellaneous Employees (the Confidential Employees) have shared the cost of the Confidential Employees' normal PERS member contributions, with the City paying as the Employer Paid Member Contribution (EPMC) 5% of the employee's contribution, and the employees paying 3% of the contribution; and WHEREAS, the City and the Confidential Employees have recently agreed to pay an additional 5% of the employee's contribution, resulting in the Confidential Employees paying the entire 8% employee's contribution, effective January 10, 2012; and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: 1. This action shall apply to all Miscellaneous Employees, Confidential Employee Group Subset. Effective January 10, 2012, the members of the Confidential Employee Group Subset of the City's Miscellaneous Employees shall pay an additional 5% of the employee's normal PERS member contribution, eliminating the City's EPMC contribution and resulting in the Confidential Employees paying the entire 8% contribution. The effective date of this resolution shall be January 10, 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby elects to pay Employer Paid Contributions as set forth above. BE IT FURTHER RESOLVED that Resolution No. 2011-263 adopted on December 6, 2011, is hereby rescinded. --- Signature Page to Follow --- Resolution No. 2012 — January 10, 2012 Page Two PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO.17 :M TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE REPRESENTATIVES AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY OF NATIONAL CITY. PREPARED BY: Teresa Mendoza PHONE: 619-336-4332 DEPARTMENT: 1Finance APPROVED BY: EXPLANATION: As a result of the recent reorganization, the resolution dated December 16, 2008, must be updated to remove Jeanette Ladrido, Finance Director and replaced by Tina Norrdin as the new Financial Services Officer. The proposed resolution would concurrently designate Chris Zapata, City Manager, Leslie A. Deese, Assistant City Manager and Tina Norrdin, Financial Services Officer as the City's representatives authorized to perform these functions. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A1 ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: esolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE REPRESENTATIVES AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY OF NATIONAL CITY BE IT RESOLVED by the City Council of the City of National City that the following City representatives shall be authorized to order the deposit and withdrawal of monies with financial institutions on behalf of the City of National City: Chris Zapata, City Manager Leslie A. Deese, Assistant City Manager Tina Norrdin, Finance Services Officer PASSED and ADOPTED this 10th day of January, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10th, 2012 AGENDA ITEM NO. 18 EM TITLE: Warrant Register #20 for the period of 11/09/11 through 11/15/11 in the amount of $1,358,307.41 PREPARED BY: K. Apalategui DEPARTMENT: FI PHONE: I619-336-4331 APPROVED BY: EXPLANATION: ,Per Government Section Code 37208, attached are the warrants issued for the period of 11/09/11 through 11/15/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Best Best & Krieger LLP 244439 108,009.13 Explanation Legal Svcs through 2/28/11 SDG&E 244509 63,003.82 Gas & Electric utilities FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,358,307.41 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #20 PAYEE PADRE JANITORIAL SUPPLIES INC PEASE JR BEST BEST & KRIEGER LLP DTSC EQUIFAX INFORMATION SVCS GEOSYNTEC CONSULTANTS INC KANE BALLMER & BERKMAN MAINTEX INC PRO BUILD S D UNIFIED PORT DISTRICT SAN DIEGO CLIPPING SERVICE SAN DIEGO COUNTY RECORDER SAN DIEGO TROLLEY INC STAPLES ADVANTAGE WESTFLEX INDUSTRIAL ABRUSCATO AFLAC ALCEM FENCE COMPANY INC =RESH PRODUCTS SUISSE INC BOOT WORLD CTI CDW GOVERNMENT, INC. CHILDREN'S HOSPITAL CHILDREN'S HOSPITAL CONDON CONSTRUCTION ELECTRONICS INC COPWARE INC CORPORATE PAYMENT SYSTEMS COUNTY OF SAN DIEGO COURTESY REFRIGERATION COX COMMUNICATIONS CULLIGAN D MAX ENGINEERING INC DAY WIRELESS SYSTEMS DELTA CARE USA DELTA DENTAL D-MAX ENGINEERING DOKKEN ENGINEERING DREW FORD ERIC BENEDEK ESGIL CORPORATION "CT SIGNS X .LALEZ GRAINGER GROSSMAN PSYCHOLOGICAL HAMILTON MEATS & PROVISIONS WARRANT REGISTER #20 11/15/2011 DESCRIPTION JANITORIAL SUPPLIES / NUTRITION RETIREE HEALTH BENEFITS / NOV 11 LEGAL SERVICES THROUGH 2/28/11 NATIONAL CITY PUBLIC WORKS YARD EQUIFAX INFO SVCS / SEC 8 CONSULT SVCS THROUGH 7/31/2011 LEGAL SERVICES THROUGH 10/31/11 4 CORNER TURKISH TOWELS / NSD MOP# 45707. PAINTING SUPPLIES/ NSD EXPERT & CONSULTING CDC CLIPPING SERVICE - REDEV RECONVEYANCE OF LOANS - CDC TROLLEY FLAGGING SERVICES / NSD MOP# 45704. OFFICE SUPPLIES/ NSD MOP# 63850. SUPPLIES / NSD CRIME PREVENTION COURSE AFLAC ACCT BDM36 NOV 2011 REPAIR CABLE RAIL/PARADISE CREEK FOOD / NUTRITION CENTER MILK & DAIRY DELIVERY / NUTRITION MOP 64096 WEARING APPAREL FORCE ENCOUNTERS COURSE USB CABLES, MFG #CTG-13400 CHILD ABUSE EXAMS CHILD ABUSE EXAMS CALPERS DEDUCTED FOR NOV 2011 SECURITY / FIRE ALARM MAINT JUL 11 SUBSCRIPTION - SITE LICENSE US BANK CITY CREDIT CARD PERMIT RENEWAL PERIOD 11-12 ACM052AE, EVAP COIL / PD COX COMMUNICATIONS DATA & VIDEO WATER SERVICES / NUTRITION DEP#1420 PLAZA BLVD CENTER HMN1080, MICROPHONE ANALOG PM! DENTAL INS DELTACARE NOV'11 DENTAL INS NOVEMBER 2011 STORM WATER SERVICES FOR SEPTEMBER PLAZA BLVD. SERVICES AUGUST, 2011 MOP 49078 AUTO PARTS EDUCATION REIMB CONSUL SVCS / 9/25/11-10/5/11/BUILD SIGNS, BLUE ON WHITE 11 X 8.5 / PW FEDEX SHIPMENT - FINANCE FIELD TRAINING - PD MOP 65179 BUILDING MATERIAL PRE -EMPLOYMENT EXAMS / POLICE MEAT DELIVERY / NUTRITION CENTER 1/3 CHK NO DATE AMOUNT 244437 11/10/11 39.89 244438 11/10/11 140.00 244439 11/15/11 108,009.13 244440 11/15/11 4,799.40 244441 11/15/11 69.84 244442 11/15/11 3,290.15 244443 11/15/11 517.50 244444 11/15/11 319.53 244445 11/15/11 303.88 244446 11/15/11 30.00 244447 11/15/11 81.75 244448 11/15/11 68.00 244449 11/15/11 59.60 244450 11/15/11 20.86 244451 11/15/11 33.44 244452 11/15/11 50.64 244453 11/15/11 1,452.44 244454 11/15/11 1,185.00 244455 11/15/11 1,663.66 244456 11/15/11 546.76 244457 11/15/11 250.00 244458 11/15/11 277.00 244459 11/15/11 2,076.48 244460 11/15/11 1,696.00 244461 11/15/11 840.00 244462 11/15/11 609.38 244463 11/15/11 1,687.10 244464 11/15/11 1,850.00 244465 11/15/11 352.10 244466 11/15/11 250.00 244467 11/15/11 1,510.88 244468 11/15/11 79.77 244469 11/15/11 195.80 244470 11/15/11 1,880.00 244471 11/15/11 603.20 244472 11/15/11 2,944.22 244473 11/15/11 12,669.25 244474 11/15/11 27,139.86 244475 11/15/11 12,938.48 244476 11/15/11 215.98 244477 11/15/11 160.00 244478 11/15/11 19, 339.00 244479 11/15/11 66.34 244480 11/15/11 20.44 244481 11/15/11 83.94 244482 11/15/11 1,047.20 244483 11/15/11 1,500.00 244484 11/15/11 1,335.53 PAYEE HARRIS & ASSOCIATES INC HCFA C/O CITY OF EL CAJON ID SERVICES INC INDEPENDENT FORENSIC SERVICES JERAULDS CAR CARE CENTER KAISER FOUNDATION HEALTH PLANS KITAGAWA HOME & OFFICE LASER SAVER INC LETICIA SANTIAGO LOPEZ MAN K-9 INC. MCCUNE CHRYSLER JEEP N C CHAMBER OF COMMERCE NC SENIOR NUTRITION PROGRAMS OLIVER PACKAGING & PROCHEM SPECIALTY PRODUCTS INC PRO -EDGE KNIFE PUBLIC AGENCY TRAINING COUNCIL QUAL CHEM CORP REYNOSO ROUSTON SAJO INC SAN DIEGO COUNTY SDG&E SEWARD SMART & FINAL SWEETWATER AUTHORITY SYSCO SAN DIEGO THE EPLER COMPANY TYLER TECHNOLOGIES, INC U S BANK U S BANK U S BANK VAILSTONE COMPANY INC VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS AMAZON BAKER & TAYLOR BRADFORD BRODART EMERY PRATT CO LASER SAVER INC MIDWEST TAPE NOLO PRESS INC SMART SOURCE OF CA LLC SPRINT STAPLES ADVANTAGE WARRANT REGISTER #20 11/15/2011 DESCRIPTION SERVICES THROUGH 10/31/2011 1ST QTR PAGING SERVICES/FIRE ID PRINTER REPAIR CASE# 1105548 / SART EXAMS / PD MOP 72449 R&M AUTO EQUIPMENT KAISER RETIREES INS NOV 2011 MARKERS SAN-75846 / PW TONERS / MIS REFUND A NOT COMPLETE CLASSES TRANSLATION SERVICES FOR FY 2012 MAINTENANCE TRAINING / POLICE K-9 AC BOTTLE PR 7052002 CHAMBER/WORLD CUP EVENT SENIORS CLUB THANKSGIVING HOME DELIVERED TRAYS / NUT PUMP 300 GHP CORROSION RESISTANCE KNIFE SHARPENING SVCS / NUTRITION ARMORED COURSE GRIT WATERLESS HAND CLEANER/PW VIOLENCE & TRAUMA COMM COURSE EDUCATIONAL REIMB REIMB C&D ADMIN COST PAID TWICE 2011 SDCBA MEMBERSHIP COST FACILITIES GAS & ELECTRIC REGIONAL OFFICER TRAINING MOP# 45756. SUPPLIES / COMM SVCS FACILITIES DIVISION WATER BILL FOR FOOD & CONSUMABLES / NUTRITION CONSULTING SERVICES FOR GASB FIN SYSTEMS SOFTWARE SERVICES CREDIT CARD EXPENSES - PD CREDIT CARD EXPENSES - PD CREDIT CARD EXPENSES - PD DEP#1251 3525 STOCKMAN STREET SUNROCK FREE STANDING COOLER STRAY ANIMAL VET CARE / PD VERIZON CELL PHONE CHARGES BOOKS - AS NEEDED FOR FY 2012 BOOKS - AS NEEDED FOR FY 2012 PERFORMER FOR FAMILIES FOR LITERACY AUTOMATION/PRECISION ONE -- OLD FARMERS ALMANAC 2012 MOP#45725 - SUPPLIES DVD'S - AS NEEDED FOR FY 2012. BOOKS - AS NEEDED FOR FY 2012. BUSINESS CARD IMPRINTS VIDEO CONFERENCING, LONG DISTANCE MOP #45704. OFFICE SUPPLIES LIBRARY 2/3 CHK NO DATE AMOUNT 244485 11/15/11 11, 902.00 244486 11/15/11 1,917.93 244487 11/15/11 156.25 244488 11/15/11 2,358.50 244490 11/15/11 49.99 244491 11/15/11 22,461.11 244492 11/15/11 25.01 244493 11/15/11 1,419.89 244494 11/15/11 25.00 244495 11/15/11 302.00 244496 11/15/11 800.00 244497 11/15/11 69.18 244498 11/15/11 250.00 244499 11/15/11 10.00 244500 11/15/11 1,344.00 244501 11/15/11 334.08 244502 11/15/11 46.00 244503 11/15/11 475.00 244504 11/15/11 429 244505 11/15/11 54:., 244506 11/15/11 165.26 244507 11/15/11 118.00 244508 11/15/11 235.00 244509 • 11/15/11 63,003.82 244510 11/15/11 59.94 244511 11/15/11 84.72 244512 11/15/11 14.98 244513 11/15/11 4,397.53 244514 11/15/11 5,000.00 244515 11/15/11 1,200.00 244516 11/15/11 1,499.77 244517 11/15/11 635.36 244518 11/15/11 124.69 244519 11/15/11 12,912.00 244520 11/15/11 678.83 244521 11/15/11 180.00 244522 11/15/11 61.75 244523 11/15/11 1,315.28 244524 11/15/11 390.52 244525 11/15/11 250.00 244526 11/15/11 5,456.24 244527 11/15/11 7.56 244528 11/15/11 451.86 244529 11/15/11 2r 244530 11/15/11 33>. 244531 11/15/11 31.54 244532 11/15/11 11.08 244533 11/15/11 222.04 3/3 C ICbiipORAT u WARRANT REGISTER #20 11/15/2011 PAYEE DESCRIPTION CHK NO DATE AMOUNT U S POSTMASTER POSTAGE FOR OVERDUE NOTICES 244534 11/15/11 272.36 XEROX CORPORATION XEROX BASE CHARGES AND OVERAGES 244535 11/15/11 1,228.32 A/P Total 360,799.84 Start Date End Date SECTION 8 HAPS PAYMENTS 11/9/2011 11/15/2011 4,829.73 PAYROLL Pay period Start Date End Dale Check Date 23 10/18/2011 10/31/2011 11/9/2011 992,677.84 GRAND TOTAL $ 1,358,307.41 Certification IN ArfORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE ,_ERTIFY 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 EMANDS 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 TIIAT 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 TIIE 10`t' OF JANUARY, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10th, 2012 AGENDA ITEM NO. 19 M TITLE: 'Warrant Register #21 for the period of 11/16/11 through 11/22/11 in the amount of $465,146.53 PREPARED BY: 'K. Apalategui DEPARTMENT: Fina -- PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/16/11 through 11/22/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation SD Habitat for Humanity 244545 174,366.29 Expense Reimb / 1820 G Condo Project FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A; ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: !Ratification of warrants in the amount of $465,146.53 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ant Register #21 PAYEE ACEDO FRANK TOYOTA GALINDO ROJAS MUNOZ CA ASSOC OF CODE ENFORCEMENT CHRISTENSEN & SPATH LLP CITY OF SAN DIEGO DTSC GEOSYNTEC CONSULTANTS INC SAN DIEGO HABITAT FOR HUMANITY SDG&E THE SOHAGI LAW GROUP PLC 1800-RADIATOR ABCANA INDUSTRIES AGUIRRE AMERICAN BACKFLOW SPECIALTIES AT&T/MCI ATOTIMCI BEST & KRIEGER LLP NTAG PACIFIC INC BROADWAY AUTO ELECTRIC BSN SPORTS BURKE WILLIAMS & SORENSEN LLP CA ASSOC OF CODE ENFORCEMENT CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CARQUEST AUTO PARTS CHEVRON & TEXACO CITY NATIONAL BANK CITY OF CHULA VISTA CITY OF SAN DIEGO CONSTRUCTION ELECTRONICS INC COUNTY OF SAN DIEGO COX COMMUNICATIONS CPL CABLE PIPE & LEAK DETECT DARRYLL VAN DEURSEN DEPARTMENT OF TRANSPORTATION DISCOUNT SPECIALTY CHEMICALS DREW FORD ENNIS PAINT SAN DIEGO FAST SIGNS FIRE ETC F' -T SERVICES INC LEZ G (STEMS INC HANSON AGGREGATES PACIFIC HOME DEPOT CREDIT SVCS INTERVIEWS & INTERROGATIONS J & M KEYSTONE INC WARRANT REGISTER # 21 11/22/2011 DESCRIPTION REFUND / CALPERS DEDUCTION 2009 TOYOTA PRIUS HYBRID LEASE EDUCATIONAL REIMBURSEMENT / HR MILEAGE REIMB / SANDPIPA MEETING PLANNING AND ZONING COURSE LEGAL SVCS / T&T COMMUNITIES ENTERPRISE ZONE PROGRAM -1ST QTR PYMNT/ ENVIRONMENTAL OVERSIGHT 835 BAY MARINA DRIVE - 10/31/11 PROJECT DRAWDOWN REQUEST GAS AND ELECTRIC UTILITIES / CDC LEGAL SVCS / OCT 2011 RADIATOR #709VP POOL CHEMICALS REPAIR US45D LAC TO US67D LAC PURCHASE OF BACKFLOWS, PARTS SBC AT&T PHONE SERVICE / CITY SBC AT&T PHONE SERVICE / CITY PERSONNEL ISSUES THRU 10/31/11 POOL CHEMICALS ELECTRICAL PARTS PRO DOWN CHAIN SET FFA GRIEVANCE 2010 - 10/31/2011 PLANNING & ZONING COURSE / NSD MOP 45754 R&M BUILDINGS ELECTRICAL MATERIAL MOP 47557 AUTO PARTS MOP 45699 GAS LEASE PYMNT-PURCHASE#10-005 REG: MOTORCYCLE ACADEMY SEWER TRANSPORTATION/TREATMENT FIRE ALARM SERVICE / NOV 2011 COMMUNICATIONS MAINT/ OCT 2011 COX COMMUNICATIONS DATA & VIDEO LOCATE WATER LINES/LAS PALMAS REG: DUI DETECTION / SFST HIGHWAY LIGHTING LIQUID LIVE ENZYME / PW MOP 49078 AUTO PARTS MOP 74690 TRAFFIC CONTROL SUPPLY VINYL SIGNS / PUBLIC WORKS FIRE DEX COVERALL / FIRE MOP 67804 AUTO PARTS PARKING & CERTIFICATION / PD NETWORK ENGINEERING SVCS/ OCT 11 CLASS II BASE 3/4" CALT 200L M5 LED -WHITE LIGHTS REG: INTERVIEW & INTERROGATION PAYMENT OF NUISANCE ABATEMENT 1/3 CHK NO DATE AMOUNT 244536 11/21/11 205.36 244537 11/21/11 1,049.25 244538 11/21/11 110.00 244539 11/21/11 54.95 244540 11/22/11 65.00 244541 11/22/11 4,972.50 244542 11/22/11 12,125.00 244543 11/22/11 37,492.00 244544 11/22/11 3,252.29 244545 11/22/11 174,366.29 244546 11/22/11 84.97 244547 11/22/11 25, 537.15 244548 11/22/11 235.99 244549 11/22/11 186.96 244550 11/22/11 165.00 244551 11/22/11 564.79 244552 11/22/11 2,905.13 244553 11/22/11 357.32 244554 11 /22/11 585.00 244555 11/22/11 566.89 244556 11/22/11 212.06 244557 11/22/11 365.59 244558 11/22/11 357.50 244559 11/22/11 65.00 244560 11/22/11 38.49 244561 11/22/11 95.87 244562 11/22/11 353.56 244563 11/22/11 437.71 244564 11/22/11 43,101.10 244565 11/22/11 665.00 244566 11/22/11 634.29 244567 11/22/11 843.55 244568 11/22/11 9,063.00 244569 11/22/11 3,029 16 244570 11/22/11 610.00 244571 11/22/11 99.00 244572 11/22/11 4,270.42 244573 11/22/11 1,098.21 244574 11/22/11 88.29 244575 11/22/11 281.88 244576 11/22/11 189.23 244577 11/22/11 442.41 244578 11/22/11 118.40 244579 11/22/11 77.00 244580 11/22/11 877.50 244581 11/22/11 467.92 244582 11/22/11 1,763.53 244583 11/22/11 200.00 244584 11/22/11 8,297.98 PAYEE JERAULDS CAR CARE CENTER KONE L N CURTIS & SONS LAW OFFICES OF DON DETISCH LEXIS NEXIS LOPEZ LOVE MACIAS MCDOUGAL LOVE ECKIS NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH ONE STOP PARTS SOURCE PBS&J PERRY FORD PRO BUILD PRUDENTIAL OVERALL SUPPLY QUAL CHEM CORP RAPHAEL'S PARTY RENTALS, INC ROMERO'S ROOFING SERVICE, INC S & S WORLDWIDE INC SAFARILAND, LLC SAFETY KLEEN SAN DIEGO BMW MOTORCYCLES SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SDCFCA - ADMIN SECTION SOUTHERN CALIF TRUCK STOP STAPLES ADVANTAGE STILES SWEETWATER AUTHORITY THE LIGHTHOUSE INC TRAINING FOR SAFETY INC TURF STAR UNION TRIBUNE USA MOBILITY WIRELESS, INC. V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZUMAR INDUSTRIES EAGLE L�COOtin.ATED WARRANT REGISTER # 21 11/22/2011 DESCRIPTION MOP 72449 R&M AUTO EQUIPMENT MAINTENANCE TO ELEVATORS INV 6029724 / SUPPLIES FIRE DEPT LEGAL SERVICES / OCT 2011 ONLINE LEGAL RESEARCH/OCT 2011 TRANSLATION SERVICES FOR FY 2012 SUBSISTENCE: ADV DISPATCHER COURSE SUBSISTENCE: DUI DETECTION/SFST CIVIL SERVICE COMMISSION - 10/31/11 MOP 45735 AUTO PARTS R&M CITY VEHICLES CAR WASHES FOR CITY FLEET BRAKE ROTORS DRO680110P PROVIDE SEWER BILL/TAX ROLL MOP 45703 AUTO PARTS MOP 45707 MATERIALS & SUPPLIES MOP 45742 LAUNDRY SERVICE AEROSOL 18 OZ FOAMING CLEAN SPOT REFUND / TENT PERMIT CITY-WIDE ROOF REPAIRS CRAFT SUPPLIES / CSD LAB SUPPLIES / POLICE 6 GAL PAIL OPEN HEAD GREY NEW R&M CITY VEHICLES REG: BASIC TRAFFIC INVESTIGATION TRAFFIC COLLISION DIAGRAMMING RADAR -LASER OPERATOR COURSE MEMBERSHIP RENEWAL / WILKINS MOP 45758 FUEL MOP 45704 MATERIALS & SUPPLIES EMT-P REIMBURSEMENT / FIRE FACILITIES WATER BILL MOP 45726 AUTO PARTS REG: ADVANCED DISPATCHER COURSE SUPPLIES FOR PARK DEPARTMENT ADVERTISING/PLANNING COMMISSION PAGING SERVICE / MIS BADGES / POLICE MOP 46453 PLUMBING MATERIAL CLEAR INVEST DATABASES / OCT 11 MOP 63850 AUTO PARTS MOP 45763 ELECTRICAL MATERIAL STREET SIGNS / PUBLIC WORKS KEY TO THE CITY PINS 2/3 CHK NO DATE AMOUNT 244585 11/22/11 49.99 244586 11/22/11 3,788.43 244587 11/22/11 1,178.20 244588 11/22/11 2,368.59 244589 11/22/11 427.38 244590 11/22/11 140.00 244591 11/22/11 882.39 244592 11/22/11 451.86 244593 11/22/11 603.75 244594 11/22/11 1,026.40 244595 11/22/11 313.19 244596 11/22/11 276.00 244597 11/22/11 217.43 244598 11/22/11 3,391.60 244599 11/22/11 740.93 244600 11/22/11 395.50 244601 11/22/11 485.72 244602 11/22/11 470.58 244603 11/22/11 41 244604 11/22/11 48:, 244605 11/22/11 1,564.10 244606 11/22/11 2,405.74 244607 11/22/11 435.00 244608 11/22/11 701.60 244609 11/22/11 144.00 244610 11/22/11 54.00 244611 11/22/11 14.40 244612 11/22/11 30.00 244613 11/22/11 243.71 244614 11/22/11 51.71 244615 11/22/11 217.00 244617 11/22/11 29, 062.98 244618 11/22/11 519.42 244619 11/22/11 296.00 244620 11/22/11 927.23 244621 11/22/11 2,078.40 244622 11/22/11 10.88 244623 11/22/11 158.91 244624 11/22/11 413.77 244625 11/22/11 412.80 244626 11/22/11 482.03 244627 11/22/11 31.96 244628 11/22/11 48,' `^ 244629 11/22/11 2,8 A/P Total 404,667.19 PAYEE WARRANT REGISTER # 21 11/22/2011 DESCRIPTION 3/3 CHK NO DATE AMOUNT WIRED PAYMENTS TRISTAR RISK MANAGEMENT OCT 2011 WC REPLENISHMENT 36512924 11/16/11 50,099.34 TRISTAR RISK MANAGEMENT PREFUND FOR L POWELL CLAIM#05NAT00502 36533618 11/17/11 10,380.00 GRAND TOTAL $ 465,146.53 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE C1_R1IFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE rui,r,BILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE 1 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 10'h OF JANUARY, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10th, 2012 AGENDA ITEM NO. 20 TITLE: 1 Varrant Register #22 for the period of 11/23/11 through 11/29/11 in the amount of $3,078,993.52 PREPARED BY: K. Apalategui! DEPARTMENT: Fin. PHONE: 619-336-4331!1 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/23/11 through 11/29/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation City of San Diego 244649 1,220,194.00 Transportation / Sewer Treatment Kaiser Foundation 244659 154,415.08 Insurance Active Dec 2011 �•hlic Emp Ret System 244672 267,243.95 Retirement Insurance Service Period 11-11-3 FINANCIAL STATEMENT: ACCOUNT NO• f jN/AI ENVIRONMENTAL REVIEW: N/py ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $3,078,993.52 BOARD / COMMISSION RECOMMENDATION: 'N/A! ATTACHMENTS: rrant Register #22 PAYEE AEP CALIFORNIA LLC DARRYLL VAN DEURSEN SAKAMOTO T-SHIRT MART POWER PLUS S D COUNTY VECTOR CNTRL PROGRAM SAFDIE RABINES ARCHITECTS SD COUNTY TREASURER SDG&E SWEETWATER AUTHORITY VERIZON WIRELESS 3M COMPANY ABCANA INDUSTRIES BRENNTAG PACIFIC INC CALIFORNIA DIESEL COMPLIANCE CARDIAC SCIENCE CORP. CDWG C" JTAS DOCUMENT MANAGEMENT )F NATIONAL CITY DF SAN DIEGO CLEAN HARBORS DATA TICKET INC DAY WIRELESS SYSTEMS DELTA CARE USA DELTA DENTAL ESGIL CORPORATION FIRST AMERICAN CORE LOGIC, INC HARRIS & ASSOC CORP HONEYWELL INTERNATIONAL INC KAISER FOUNDATION HEALTH PLANS L N CURTIS & SONS MEYERS/NAVE LAW CORP MUNICIPAL MAINTENANCE EQUIP NATIONAL CITY HISTORICAL SOCIE NATIONAL CITY HISTORICAL SOCIE NATIONAL CITY HISTORICAL SOCIE NAT'L CITY CHAMBER OF COMMERCE NORRDIN ONE STOP PARTS SOURCE POWERSTRIDE BATTERY CO INC PRO BUILD PRO GEAR if; EMP RETIREMENT SYSTEM GA .. . Y KLEEN SAN DIEGO BMW MOTORCYCLES SDG&E SMART SOURCE OF CA LLC SPEX FORENSICS WARRANT REGISTER #22 11/29/2011 DESCRIPTION LCD'S, WALL MOUNT & LABOR / POLICE REG: DUI DETECTION COURSE / POLICE SUBSISTENCE: DUI/SFST COURSE / PD APRON EMBROIDERY / CSD EQUIPMENT RENTAL / CDC ASSESSMENT FOR FY 2011-2012 / CDC PROFESSIONAL SERVICES AGREEMENT POSSESSORY INTEREST TAX BILL GAS AND ELECTRIC UTILITIES / CDC WATER UTILITIES / CDC VERIZON CELL PHONE SVCS / SEC 8 GLASSES, OCCUPATIONAL PL / PW POOL CHEMICALS POOL CHEMICALS ANNUAL SMOKE OPACITY TESTING PURCHASE AGREEMENT AUGUST 29 TREND MICRO NEATSUITE ADVANCED MONTHLY SHREDDING / POLICE PETTY CASH REPLENISHMENT SEP11 TRANSPORTATION / SEWER TREATMENT HAZARDOUS WASTE PICKUP INADVERTENT DEPOSIT / FINANCE COMPANY MAINT / NOV 2011 / FIRE PMI COBRA DENTAL INS / OCT 2011 COBRA DENTAL INS / OCT 2011 PLAN CHECK SERVICES / FIRE METROSCAN SOFTWARE RENEWAL PROFESSIONAL SVCS THRU 10/31/11 REPAIRS NOT COVERED BY CONTRACT KAISER INS ACTIVE DEC 2011 LSP CINCH RESCUE COLLAR / FIRE CONSULT / MOU NEGOTIATIONS AUTOMOTIVE SUPPLIES / PW ANNUAL HOLIDAY DINNER / MYR ANNUAL HOLIDAY DINNER / NATIVIDAD ANNUAL HOLIDAY DINNER / RIOS TOURISM MARKETING DISTRICT REIM REIMB: LUNCH FOR INTERVIEW PANEL RAY B POLICE RTR DRO 680110P/PW PS31-AGM 9A31 / PW MOP 45707 MATERIALS & SUPPLIES AUTOMOTIVE SUPPLIES / PW SERVICE PERIOD 11-11-3 EDUCATIONAL REIMBURSEMENT HAZARDOUS MATERIAL REMOVAL R&M CITY VEHICLES FACILITIES GAS & ELECTRIC PARKING VIOLATION NOTICE BOOKS/PD LAB SUPPLIES / POLICE CHK NO DATE 244630 11/29/11 244631 11/29/11 244632 11/29/11 244633 11/29/11 244634 11/29/11 244635 11/29/11 244636 11/29/11 244637 11/29/11 244638 11/29/11 244639 11/29/11 244640 11/29/11 244641 11/29/11 244642 11/29/11 244643 11/29/11 244644 11/29/11 244645 11/29/11 244646 11/29/11 244647 11/29/11 244648 11/29/11 244649 11/29/11 244650 11/29/11 244651 11/29/11 244652 11/29/11 244653 11/29/11 244654 11/29/11 244655 11/29/11 244656 11/29/11 244657 11/29/11 244658 11/29/11 244659 11/29/11 244660 11/29/11 244661 11/29/11 244662 11/29/11 244663 11/29/11 244664 11/29/11 244665 11/29/11 244666 11/29/11 244667 11/29/11 244668 11/29/11 244669 11/29/11 244670 11/29/11 244671 11/29/11 244672 11/29/11 244673 11/29/11 244674 11/29/11 244675 11/29/11 244676 11/29/11 244677 11/29/11 244678 11/29/11 1/2 AMOUNT 7,019.96 99.00 451.86 60.00 195.00 649.02 44,986.71 8,549.68 99.47 484.20 274.83 132.05 299.83 758.84 720.00 4,155.00 6,595.24 72.95 630.59 1,220,194.00 1,584.06 1,549.00 1,000.75 109.48 732.30 2,244.90 7,500.00 6,832.50 2,946.45 154,415.08 320.69 17,435.00 380.45 50.00 25.00 25.00 28, 500.00 52.00 434.87 997.54 1,501.96 175.23 267,243.95 1,402.50 3,554.22 271.35 22,733.01 1,631.69 2,127.03 2/2 PAYEE SUPERIOR READY MIX SWEETWATER AUTHORITY SWRCB THOMPSON PUBLISHING GRP INC. THOMSON WEST UNITED ROTARY BRUSH CORP V & V MANUFACTURING VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL ZIONS BANK SECTION 8 HAPS PAYMENTS PAYROLL, Pay period Start Date 24 11/1/2011 Special Payroll f eat: F N tTX I1RC,(SR 'OR li'r WARRANT REGISTER #22 11/29/2011 DESCRIPTION COLDMIX ASPHALTS WASTEWATER WATER BILL ANNUAL PERMIT / CWC FAIR LABOR STANDARDS HANDBOOK LEGAL PUBLICATIONS/OCT 05- NOV 04 SWEEPER REPAIRS REPAIR NC POLICE BADGES STRAY ANIMAL VET CARE / PD K9 VET CARE FOR FY 2012 26TH LEASE PYMNT/800 MHZ EQUIP Start Date 11/23/2011 End Date 11/14/2011 End Date 11/29/2011 Check Date 11/23/2011 11/22/2011 CHK NO DATE 244679 11/29/11 244680 11/29/11 244681 11/29/11 244682 11/29/11 244683 11/29/11 244684 11/29/11 244685 11/29/11 244686 11/29/11 244687 11/29/11 244688 11/29/11 A/P Total AMOUNT 520.43 19.68 8,154.00 47429 1,214.76 484.27 158,91 409 48 169.33 48,678.25 1,684,487.64 6,337.27 1,107,599.39 80,56' GRAND TOTAL $ 3,078,993.52 Certification 'PDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE "FRTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE LITY OF FUNDS FOR THE PAYMENT TIIEREOF 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 ZARATE, MEMBER LUIS NATIV!DAD, MEMBER MONA RIOS, MEMBER 1 HEREBY CERTIFY THAT 773E FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTIIORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 10'h OF JANUARY, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 21 EM TITLE: IA Public Hearing of the City Council of the City of National City regarding results of majority protest proceedings and establishing the National City Tourism Marketing District. PREPARED BY: Patricia Beard DEPARTMENT: Redevelopment/Special Projects PHONE: 4255 APPROVED BY: EXPLANATION: On November 15, 2011 and December 6, 2011 the City Council took the initial steps to form a Tourism and Marketing District for National City. To be administered by the National City Chamber of Commerce, the District, if approved by resolution, will provide a dedicated stream of revenue for the purpose of implementing programming to increase visitor stays at hotels in the City. This public hearing is to hear testimony related to any protest to forming the District. If adopted, tonight's resolution is the final step in establishing the District. The City Clerk has not received any protests related to this matter.. FINANCIAL STATEMENT: APPROVED: Finance No cost to the City. Formation of the District was paid for through a grant from San Diego County. The District itself will be funded by a 2.5-percent assessment on eligible hotel charges to all hotels in the District. The City will collect the assessment at the same time it collects Transient Occupancy Taxes and will retain one -percent of the assessment amount to cover City administrative costs. The balance will be paid to the Chamber of Commerce. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report ATTACHMENT 1 BACKGROUND REPORT SUMMARY .per 15, 2011 the Council adopted a Resolution of Intention to Form the National City Tourism Marketing District. The NCTMD is being formed pursuant to the Property and Business Improvement District Law of 1994 (1994 Law). The 1994 Law requires submission of signed petitions from assessed businesses, adoption of a resolution of intention, a public meeting for comment, and a public hearing. After adoption of the resolution of intention, a notice of the public meeting and public hearing was mailed to affected lodging businesses. Mailing of the notice began a forty-five (45) day period in which lodging businesses may protest district formation. If, after the close of the forty-five (45) day period and the public hearing, no majority protest exists (a majority protest is defined as written protest submitted by 50% lodging businesses, which protests are weighted by the amount each business will pay), Council may adopt this Resolution. DISCUSSION Tourism improvement districts have been widely used throughout California; there are currently fifty-nine tourism districts throughout the state, and the concept has spread to other states including Washington and Montana. Tourism districts create a stable funding source for destination marketing tied directly to the lodging industry. Funds raised by the district are collected by the city and returned to a private non-profit corporation, which manages the funds in accordance with a written Management District Plan. The Management District Plan is attached hereto as Exhibit A. It is proposed that the National City Chamber of Commerce be the management corporation for the district. If the district is formed, the City would enter into a contract with the Chamber for management of the district funds. Adopting this resolution will create the district and place a two and one-half percent (2.5%) assessment on all hotels within the City. Lodging businesses within the City have requested Council begin the process of forming a tourism district. A listing of hotels proposed to be included in the district is attached to the Management District Plan. Businesses which will pay 70.4% of the proposed assessment have submitted petitions in favor of forming the district, which exceeds the legal requirement of 50%. The clerk has not received any opposition to the proposed district. Adopting this Resolution is the final step in the district formation process. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 22 _ fEM TITLE: Ordinance of the City of National City to Approve an Amendment to the Contract Between the Board of Administration California Public Employees' Retirement System and the City Council of the City of ,Jational City to Provide for a 3% @ 55 Full Formula Benefit for Fire Safety Members Entering Membership for the First Time in the Firefighters' Association PREPARED BY: Lilia Munoz DEPARTMENT: PHONE: 336-4309 APPROVED EXPLANATION: ources As provided for in the current agreement between the City of National City and CaIPERS, City of National City employees working in designated fire safety classifications have a retirement formula of 3% @ 50 (Section 21362.2). Under the terms of the current Memorandum of Understanding between the City and the Firefighters' Association, individuals hired into the City's Firefighters' Association for the first time will not receive the benefit of the 3% @ 50 formula. Instead such new hires will receive a benefit of 3% @ 55 (Section 21363.1). Such a change is allowable under Section 20475 (Different Level of Benefits). FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: 1NIP ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Recommend adoption of Ordinance BOARD / COMMISSION RECOMMENDATION: jN/AJ ATTACHMENTS: dinance txhibit-CaIPERS Amendment to Contract ORDINANCE NO. 2012 — 2371 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN FiE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES i=:7IREMENT SYSTEM AND THE CITY OF NATIONAL CITY TO PROVIDE FOR 55 FULL FORMULA BENEFIT FOR FIRE SAFETY MEMBERS ENTERING MEMBERSHIP FOR THE FIRST TIME IN THE FIREFIGHTERS' ASSOCIATION BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That an Amendment to the Contract between the City of National City and the Board of Administration of the California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked as Exhibit "A", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor is hereby authorized, empowered, and directed to execute said Amendment for and on behalf of the City of National City. Section 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the San Diego Union Tribune, a newspaper of general circulation, published and circulated in the City of National City, and thenceforth and thereafter the same shall be in full force and effect. PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney A A, Ca1PERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of National City The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1, 1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989, November 15, 1991, December 27, 1991, June 11, 1993, May 2, 1996, July 9, 2002, September 17, 2002, July 6, 2004, January 27, 2009, March 18, 2010 and March 22, 2011 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 18 are hereby stricken from said contract as executed effective March 22, 2011, and hereby replaced by the following paragraphs numbered 1 through 18 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members, age 50 for local police members entering .membership in the police classification on or prior to March 18, 2010 and for those for local fire members entering membership in the fire classification on or prior to the effective date of this amendment to contract, age 55 for local police members entering membership for the first time in the police classification after March 18, 2010 and for those for local fire members entering membership for the first time in the fire classification after the effective date of this amendment to contract. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' RetirementSystem (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. PLEASE DO NOT SIGN "E :ii'.'p' l.re aw3 (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CalPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to Califomia statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). In addition . to the classes of employees excluded from .membership by said. Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. PLEASE L)u NOT SI 7 This contract shall be a continuation of the contract of the Community Development Commission of the City of National City, hereinafter referred to as "Former Agency". The accumulated contributions, assets and liability for prior and current service under the Former Agency's contract shall be merged pursuant to Section .20508 of the Government Code. Such merger occurred March 20, 2008. 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 17, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 9. The percentage of final compensation to be provided for -each year of credited prior and current service as a local miscellaneous member in employment on or after September 17, 2002 and not entering membership for the first time in the miscellaneous classification after March 22, 2011 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 10. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after March 22, 2011 shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full). 11. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member entering membership in the police classification on or prior to March 18, 2010 and for those local fire members entering membership in the fire classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). ti PLEASE DO NOT S 12. The percentage of final compensation to be provided for each year of credited current service as a local police member entering membership for the first time in the police classification after March 18, 2010 and for those iocal fire members entering membership for the first time in the fire classification after the effective date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 13. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 20996 (Military Service Credit as Prior Service). f. Section 21325 (One -Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. 9• Section 20042 (One -Year Final Compensation). h. Section 20903 (Two Years Additional Service Credit). Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula) is applicable to local police members entering membership for the first time in the police classification after March 18, 2010. Section 21353 (2% @ 60 Full formula) is applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after March 22, 2011. Section.21363.1 (3% @ 55 Full formula) is applicable to local fire members entering membership for the first time in the fire classification after the effective date of this amendment to contract. a fZ h t rlT f^: 14. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 16, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 15. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 16. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 17. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and: on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 18. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.. B. This amendment shall be effective on the day of BOARD, OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL CITY OF NATIONAL CITY BY BY, KAREN DEFRANK,"'QHIEF PRESIDING OFFICER CUSTOMER ACCOUNT' SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Da e'r Attest: Clerk AMENDMENT GaIPERSID #1867545551 PERS-CON-702A CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 23 EM TITLE: resolution of the City Council of the City of National City declaring results of majority protest proceedings and establishing the National City Tourism Marketing District. PREPARED BY: Patricia Beard PHONE: 4255r.O DEPARTMENT: Redeye! .. nt/Special APPROVED BY: EXPLANATION: On November 15, 2011 and December 6, 2011 the City Council took the initial steps to form a Toruism and Marketing District for National City. To be administered by the National City Chamber of Commerce, the District, if approved by the attached resolution, will provide a dedicated stream of revenue for the purpose of implementing programming to increase visitor stays at hotels in the City If adopted, tonight's resolution is the final step in establishing the District.j FINANCIAL STATEMENT: APPROVED: Finance No cost to the City. Formation of the District was paid for through a grant from San Diego County. The District itself will be funded by a 2.5-percent assessment on eligible hotel charges to all hotels in the District. The City will collect the assessment at the same time it collects Transient Occupancy Taxes and will retain one -percent of the assessment amount to cover City administrative costs. The balance will be paid to the Chamber of Commerce. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2. Business Plan for the National City Tourism Marketing District RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING RESULTS OF MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING THE NATIONAL CITY TOURISM MARKETING DISTRICT WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and Highways Code section 36600, et. seq.) authorizes cities and counties to establish property and business improvement districts upon petition by a weighted majority of the lodging business owners located within the boundaries of the district; and WHEREAS, lodging business owners who will pay more than fifty percent (50%) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the National City Tourism Marketing District ("NCTMD") have petitioned the City Council to establish the NCTMD; and WHEREAS, included with the petitions was a Management District Plan summary that describes the proposed assessment to be levied on lodging businesses within the NCTMD to pay for sales promotion and marketing activities, and other activities set forth in the Management District Plan; and WHEREAS, the assessed lodging businesses within the NCTMD will be benefited by the activities and improvements set forth in the Management District Plan; and WHEREAS, on November 15, 2011, at 6:00 p.m., at 1243 National City Boulevard, National City, CA 91950, the City Council adopted a Resolution of Intention, Resolution No. 2011-246; and WHEREAS, the public meeting and public hearing to consider the establishment of the NCTMD have been properly noticed in accordance with Streets and Highways Code section 36623; and WHEREAS on December 6, 2011, at 6:00 p.m., at 1243 National City Boulevard, National City, CA 91950, the City Council held a public meeting regarding the establishment of the NCTMD, and the City Council heard and received objections and protests, if any, to the establishment of the NCTMD and the levy of the proposed assessment; and WHEREAS, on January 10, 2012, at 6:00 p.m., at 1243 National City Boulevard, National City, CA 91950, the City Council held a public hearing regarding the establishment of the NCTMD, and the City Council heard and received all objections and protests, if any, to the establishment of the NCTMD and the levy of the proposed assessment; and WHEREAS, the City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of businesses in the proposed district which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed to be levied on each lodging business. Resolution No. 2012 — January 10, 2012 Page Two NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The recitals set forth herein are adopted by the City Council as findings and they are true and correct. The National City Tourism Marketing District is hereby established for a five-year term. 3. The assessments levied for the NCTMD shall be applied towards sales, promotions and marketing programs to market National City as a tourist, meeting and event destination, and other improvements and activities as set forth in the Management District Plan. 4. The revenue from the levy of the assessments on lodging businesses within the NCTMD may not be used to provide for activities or improvements outside the NCTMD or for any purpose other than those specified herein, in the Management District Plan, and in the Resolution of Intention. 5. Assessments levied on lodging businesses pursuant to this resolution shall be levied on the basis of benefit. Because the services provided are intended to increase room rentals, an assessment based on room rentals is the best measure of benefit. 6. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. The assessments for the entire District will total approximately $175,000 in year one. 8. The activities and improvements set forth will be funded by the levy of an assessment on lodging businesses within the NCTMD as described in the Management District Plan that is on file with the City Clerk. 9. Bonds shall not be issued to fund the NCTMD. 10. The boundaries of the NCTMD shall be the boundaries of the City of National City. Please see the attached map, incorporated herein as Exhibit "A". 11. The assessments shall be used for the purposes set forth above, and any funds remaining at the end of any year may be used in subsequent years in which the NCTMD assessment is levied as long as they are used consistent with the requirements set forth herein. 12. The assessments to fund the activities and improvements for the NCTMD will be collected at the same time and in the same manner as are transient occupancy. taxes, and in accordance with Streets and Highways Code section 36631. Resolution No. 2012 — ,, ,nuary 10, 2012 Page Three The National City Chamber of Commerce shall be the Owners Association eets and Highways Code section 36614.5. 14. The National City Chamber of Commerce, pursuant. to Streets and Highways Code section 36650, shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report. The first report shall be due after the first year of operation of the district. 15. The NCTMD established pursuant to this resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §36600 et. seq.). 16. The City Clerk, or his or her designee, is directed to take all necessary actions to complete the establishment of the NCTMD and to levy the assessments. 17. Council. This Resolution shall take effect immediately upon its adoption by the City PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney ATTACHMENT 1 BACKGROUND REPORT SUMMARY i c er 15, 2011 the Council adopted a Resolution of Intention to Form the National City Tourism Marketing District. The NCTMD is being formed pursuant to the Property and Business Improvement District Law of 1994 (1994 Law). The 1994 Law requires submission of signed petitions from assessed businesses, adoption of a resolution of intention, a public meeting for comment, and a public hearing. After adoption of the resolution of intention, a notice of the public meeting and public hearing was mailed to affected lodging businesses. Mailing of the notice began a forty-five (45) day period in which lodging businesses may protest district formation. If, after the close of the forty-five (45) day period and the public hearing, no majority protest exists (a majority protest is defined as written protest submitted by 50% lodging businesses, which protests are weighted by the amount each business will pay), Council may adopt this Resolution. DISCUSSION Tourism improvement districts have been widely used throughout California; there are currently fifty-nine tourism districts throughout the state, and the concept has spread to other states including Washington and Montana. Tourism districts create a stable funding source for destination marketing tied directly to the lodging industry. Funds raised by the district arecollected by the city and returned to a private non-profit corporation, which manages the funds in accordance with a written Management District Plan. The Management District Plan is attached hereto as Exhibit A. It is proposed that the National City Chamber of Commerce be the management corporation for the district. If the district is formed, the City would enter into a contract with the Chamber for management of the district funds. Adopting this resolution will create the district and place a two and one-half percent (2.5%) assessment on all hotels within the City. Lodging businesses within the City have requested Council begin the process of forming a tourism district. A listing of hotels proposed to be included in the district is attached to the Management District Plan. Businesses which will pay 70.4% of the proposed assessment have submitted petitions in favor of forming the district, which exceeds the legal requirement of 50%. The clerk has not received any opposition to the proposed district. Adopting this Resolution is the final step in the district formation process. Attachment 2 NATIONAL CITY TOURISM MARKETING DISTRICT MANAGEMENT DISTRICT PLAN Formed pursuant to the Property and Business Improvement District Act of 1994 (Streets and Highways Code $36600 et seq.) Submitted to the National City Chamber of Commerce And National City Lodging Businesses August 22, 2011 by NATIONAL CITY TOURISM MARKETING DISTRICT MANAGEMENT DISTRICT PLAN TABLE OF CONTENTS I. INTRODUCTION AND OVERVIEW 2 II. WI-IY A TOURISM MARKETING DISTRICT FOR NATIONAL CITY? 3 III. WHAT IS A TOURISM MARKETING DISTRICT? 4 IV. NATIONAL CITY TMD BOUNDARY 5 V. SERVICE PLAN AND BUDGET 6 A. Assessment 6 B. Determination of Special Benefit 7 C. Time and Manner for Collecting Assessments 7 D. Service Plan. Budget Summary 7 VI. BID GOVERNANCE 10 A. Owners' Association 10 APPENDIX 1— THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 11 APPENDIX 2 — LODGING BUSINESSES TO BE ASSESSED WITHIN THE NCTMD 25 National City Tourism Marketing District Management District Plan Page 1 I. INTRODUCTION AND OVERVIEW Developed by National City Chamber of Commerce (the Chamber) and National City lodging businz sst s, the National City Tourism Marketing District (NCTMD) is a benefit assessment district help fund marketing and sales promotion efforts for National City lodging businesses. This approach has been used successfully in other destination areas throughout the country to improve tourism and drive additional room nights. Location: The proposed NCTMD includes all lodging businesses (hotels, motels, and inns) located within the boundaries of the city limits of the city of National City. Services: Marketing and sales promotions and safety and image enhancement initiatives to increase tourism and to market National City as a tourist, meeting and event destination. Budget: Cost: Formation: Duration: The total NCTMD annual budget for each year of its five year operation is anticipated to be approximately $175,000. The annual assessment rate is 2.5% of gross short term (stays less than 31 days) room rental revenue on lodging businesses. Based on the benefit received, assessments will not be collected on certain stays as described on page 6. TMD formation requires submittal of petitions from lodging businesses representing more than 50% of the total annual assessment followed by a City Council hearing and an opportunity for a written protest. The assessed lodging business owners will receive notice of the public hearing by mail. If there is a majority written protest, the TMD will not be formed. The proposed NCTMD will have a five year life. The NCTMD assessment will be implemented beginning January 1, 2012. Once per year beginning on the anniversary of the formation of the district there is a 30-day period in which owners paying more than 50% of the assessment may protest and terminate the district. National City Tourism Marketing District Management District Plan Page 2 II. WHY A TOURISM MARKETING DISTRICT FOR NATIONAL CITY? several reasons why now is the right time to form a TMD in National City; the most reasons are as follows: 1. The Need to Increase Occupancy The formation of the NCTMD is a proactive effort to provide supplemental funding beyond that provided by the City. The funding will ensure that adequate financing exists for the investment required to increase occupancy in the lodging industry and be competitive in the conference segment of the tourism market. The investment will cover an expanded marketing and promotional budget needed to reach this market segment. 2. An Opportunityfor Increasing City Tax Revenues As occupancy rates increase, so too will the City's TOT revenue. With stable public/private funding for tourism marketing efforts, annual occupancy rates should increase significantly as new marketing and sales promotion programs are implemented. Greater occupancy will also produce an increase in sales tax revenues from tourist spending. This represents a substantial return to the City. The formation of the NCTMD in partnership with the Chamber creates a stable funding source tied directly to tourism promotion. 3. Stable Funding for Tourism Promotion The NCTMD will provide a stable source of funding for consistent tourism promotion efforts. The NCTMD will provide funding for tourism promotion free of the political and economic circumstances that can reduce or eliminate government funding for tourism promotion. National City Tourism Marketing District Management District Plan Page 3 III. WHAT IS A TOURISM MARKETING DISTRICT? Tourism Mrketing Districts (TMDs) utilize the efficiencies of private sector operation in the tnn,-l-et-1 sed promotion of tourism districts. TMDs allow lodging and tourism -related business JIganize their efforts to increase tourism. Tourism -related business owners within the district fund a TMD, and those funds are used to provide services that the businesses desire and that benefit the lodging businesses within the District. Tourism Marketing District services may include, but are not limited to: Marketing of the Destination Tourism Promotion Activities Sales Lead Generation In California, Tourism Marketing Districts are formed pursuant to the Property and Business Improveme t District Law of 1994 (PBID Law). This law allows for the creation of a special benefit asse sment district to raise funds within a specific geographic area. The key derence between TMDs and ther .special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district. There are many benefits to Tourism Marketing Districts: Funds cannot be diverted for other government programs; Tourism Marketing Districts are customized to fit the needs of each tourism district; They allow for a wide range of services, including those listed above; Tourism Marketing Districts are designed, created and governed by those who will pay the assessment., > They provide a stable funding source for tourism promotion. The Property and Business Improvement District Law of 1994 is provided in Appendix 1. National City Tourism Marketing District Management District Plan Page 4 IV. NATIONAL CITY TMD BOUNDARY The NCTMD will include all lodging businesses, existing and in the future, available for public occ r •ncy within the boundaries of the city limits of the city of National City. ary currently includes twelve lodging businesses. Please see the map below. A complete listing of lodging businesses within the proposed NCTMD can be found on Appendix 2 of this Plan. National City Tourism Marketing District r s VITAS ; ©RSCOM National City Tourism Marketing District Management District Plan Page 5 V. SERVICE PLAN AND BUDGET A. Assessment 'n ' .iMib annual assessment rate is 2.5% of gross short term (stays less than 31 days) room rental revenue for lodging businesses. Based on the benefit received, assessments will not be collected on the following stays: 1. Stays when hotel rents are directly paid by the United States government or its agencies or instrumentalities, or by a transient while he or she is on official business as an employee of the United States government or a federal agency or instrumentality. This does not exempt a stay by a transient who is employed by a business entity that is under contract to a federal entity from payment of the assessment for a stay by that transient even though the payment is later to be reimbursed by the federal entity. 2. Stays directly paid by the State of California or a state agency. This does not exempt a stay by a transient who is employed by the state from payment of the assessment for a room rented by that transient even though the payment is later to be reimbursed to the transient by the state. 3. assessment. 4. 5. When the stay is, by treaty or federal or state law, exempt from payment of the Stays more than thirty (30) consecutive days. Stays pursuant to contracts executed prior to January 1, 2012. The term "gross revenue" as used herein means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross revenue shall not include any federal, state or loco taxes collected, including but not limited to transient occupancy taxes. Bonds shall pot be issued. The amount of assessment, if passed on to each transient, shall be disclosed in advance, and each transient shall receive a receipt for payment from the business. B. Delinquency, Penalties and Interest 1. Any business which fails to remit any assessment within the time required shall pay a penalty of ten percent of the amount of the assessment in addition to the amount of the assessment. 2. Any business which fails to remit any delinquent assessment on or before a period of thirty days allowing the date on which the assessment first became delinquent shall pay a second delinquency penalty of ten percent of the amount of the assessment in addition to the amount of the assessment d the ten percent penalty first imposed. 3. JJ If it is determined by the City that the nonpayment of any assessment is due to fraud, a penalty ofl twenty-five percent of the amount of the assessment shall be added thereto in addition to the penal 'es stated in subsections 1 and 2 above. 4. In addition to the penalties imposed, any business which fails to remit any assessment hall pay interest at the rate of one and one-half percent per month or fraction thereof National City Tourism Marketing District Management District Plan Page 6 on '.ic a,..oknt of the assessment, exclusive of penalties, from the date on which the assessment first became delinquent until paid. B. Determination of Special and Specific Benefit Tres that assessment funds be expended on a special and specific benefit conferred directly payers that is not provided to those not charged, and which does not exceed the reasonable cost to the City of conferring the benefit. The specific benefit the district will provide to assessed lodging businesses, and will not provide to non - assessed lodging businesses, is room night sales. The programs and services provided with the district funds will be designed specifically to drive room night sales at assessed lodging businesses. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from district -funded activities, be featured in advertising campaigns, and benefit from other district -funded services. Non -assessed lodging businesses will not receive these nor any other district -funded services. The services provided herein are intended to increase room night sales for lodging businesses. It is appropriate that the assessment be based on room night revenue, which varies proportionally between businesses and is an appropriate measure of benefit. C. Time and Manner for Collecting Assessments The NCTMD assessment will be implemented beginning January 1, 2012 and will continue for five years. The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the NCTMD. The City shall take all reasonable efforts to collect the assessments from each lodging business. The City shall forward the assessments to the Chamber which will have the responsibility of managing TMD programs as provided in this Management District Plan. D. Service Plan Budget Summary A summary of the annual service plan budget for the NCTMD is provided on the following pages. The total five year improvement and service plan budget is projected at approximately $175,000 annually, or $875,000 through 2016. A service plan has been developed to deliver services throughout the District. Annual Budget Years One through Five Cate • ory Sales, Marketing, Safety & linage : -- Administration City Collection Costs CotitInge ricy % Renewal Total Annual Budget ')/0 of Budget' Dollar Ainoiint National City Tourism Marketing District Management District Plan Page 7 Sales, Marketing, Safety and Image A sales and marketing program will promote National City as an overnight tourist and meeting destination. The sales and marketing program will have a central theme of promoting National City a :: aJie place to visit overnight. The safety and image initiatives will be designed to increase safety at lodging businesses and enhance the image of the lodging businesses as safe places to visit. These programs may include: • Internet marketing efforts to increase awareness and optimize intemet presence; • Print ads in magazines and newspapers targeted at potential visitors; • Radio ads targeted at potential visitors; • Attendance of trade shows; • Sales blitzes; • Familiarization tours; • Preparation and production of collateral promotional materials such as brochures, flyers and maps; • Attendance of professional industry conferences and affiliation events; • Lead generation activities designed to attract tourists and group events to National City; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts; • Education of hospitality staff on service and safety (related to alcohol and food) designed to create a visitor experience that will bring repeat visits; • Education of lodging business management and the owners' association on marketing strategies best suited to meet National City's needs; • Coordination with police and other public agencies to address crime and code violations at lodging businesses; • Participation in a business watch program to improve safety at lodging businesses; and • Image enhancement initiatives to promote National City lodging businesses as safe places to stay. Adnunistration and Operations The administrative and operations portion of the budget shall be utilized for staffing costs, office costs, insurance, and other general administrative costs. City Administration Fee The City shall retain 1% of the assessment collected to cover its costs of collection and administration. Contingency/Renewal A prudent portion of the budget will be set aside in a contingency fund, to be used for unforeseeable costs in carrying out the sales and marketing programs. If at the expiration of the district there are contingency funds remaining, and business owners wish to renew the district, the remaining contingency funds may be used for renewal costs. National City Tourism Marketing District Management District Plan Page 8 E. Adjustments Although actual revenues will fluctuate due to market conditions, the proportional allocations of the "„ ':all remain the same. However, the Chamber board shall have the authority to adjust *ions between the categories by no more than fifteen percent (15%) per year. G. Termination If there are funds remaining at the end of the District term and lodging businesses choose to renew, these remaining funds shall be transferred to the renewed District. If there are funds remaining at the end of the District and lodging businesses choose not to renew, any remaining funds will be spent consistent with this Plan or returned to assessed businesses in equal proportions to the assessment paid by each business pursuant to Street and Highways Code §36671. National City Tourism Marketing District Management District Plan Page 9 VI. BID GOVERNANCE A. Owners' Association 1i: _ .AI.) .,uuncil, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the owners' association of the NCTMD as defined in Streets and Highways Code §36614.5. The Chamber will serve as the Owner's Association for the NCTMD. The Chamber will create a tourism improvement district committee, which shall include the executive committee and be composed primarily of representatives of assessed lodging businesses, to manage the TID funds and programs. B. Brown Act and California Public Records Act Compliance The Owner's Association is subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act, designed to promote public accountability. The Owners' Association of a TMD is considered a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the Chamber board must be held in compliance with the public notice and other requirements of the Brown Act. The Owner's Association is also subject to the record keeping requirements of the California Public Records Act. C. Annual Report The Chamber board shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650. National City Tourism Marketing District Management District Plan Page 10 APPENDIX 1— THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 Y AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 STREETS AND HIGHWAYS CODE Division 18. Parking *** THIS DOCUMENT IS CURRENT THROUGH 2009-2010 EXTRAORDINARY SESSIONS 1-5, *** AND 7, AND URGENCY LEGISLATION THROUGH CH 4 OF THE 2010 REGULAR SESSION § 36600. Citation of part This part shall be known and may be cited as the "Property and Business Improvement District Law of 1994." § 36601. Legislative findings and declarations The Legislature finds and declares all of the following: (a) Businesses located and operating within the business districts of this state's communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of the business districts of its cities in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow cities to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that benefits from those improvements. (d) Assessments levied for the purpose of providing improvements and promoting activities that benefit real property or businesses are not taxes for the general benefit of a city, but are assessments for the improvements and activities which confer special benefits upon the real property or businesses for which the improvements and activities are provided. § 36602. Purpose of part The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within a business improvement area. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. National City Tourism Marketing District Management District Plan ' Page 11 § 36603. Preemption of authority or charter city to adopt ordinances levying assessments Nc,ti 2 in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). § 36603.5. 1'art prevails over conflicting provisions Any provision in this part that conflicts with any other provision of law shall prevail over the other provision of law. § 36604. Severability This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes. § 36605. [Section repealed 2001.] § 36606. "Assessment" "Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the properties or businesses located within a property and business improvement district. § 36607. "Business" "Business" means all types of businesses and includes financial institutions and professions. § 36608. "City" "City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county. National City Tourism Marketing District Management District Plan Page 12 § 36609. "City council" "Cite council" means the city council of a city or the board of supervisors of a county, or the :runission, or board created pursuant to a joint powers agreement and which is a city aning of this part. § 36610. 'Improvement" "Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (a) Parking facilities. (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms. (d) Lighting and heating facilities. (e) Decorations. (1) Parks. (g) Fountains. (h) Planting areas. (i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the area. (k) Ramps, sidewalks, plazas, and pedestrian malls (1) Rehabilitation or removal of existing structures. § 36611. "Property and business improvement district"; "District" "Property and business improvement district," or "district," means a property and business improvement district established pursuant to this part. § 36612. "Property" "Property" means real property situated within a district. § 36613. "Activities" "Activities" means, but is not limited to, all of the following: (a) Promotion of public events which benefit businesses or real property in the district. National City Tourism Marketing District Management District Plan Page 13 (b) Furnishing of music in any public place within the district. (c) Promotion of tourism within the district. (d) Marketing and economic development, including retail retention and recruitment. �! Prc-riding security, sanitation, graffiti removal, streetand sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Activities which benefit businesses and real property located in the district. § 36614. "Management district plan"; "Plan" "Management district plan" or "plan" means a proposal as defined in Section 36622. § 36614.5. "Owners' association" "Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement activities and improvements specified in the management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the Califomia Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all documents relating to activities of the district. § 36615. "Property owner"; "Owner" "Property owner" or "owner" means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. The city council has no obligation to obtain other information as to the ownership of land, and its determination of ownership shall be fmal and conclusive for the purposes of this part. Wherever this subdivision requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. § 36616. "Tenant" "Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. National City Tourism Marketing District Management District Plan Page 14 § 36617. Alternate method of financing certain improvements and activities; Effect on other provisions i; part provides an alternative method of financing certain improvements and activities. s of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part. § 36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. § 36620.5. Requirement of consent of city council A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. § 36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following: (1) A map showing the boundaries of the district. (2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or National City Tourism Marketing District Management District Plan Page 15 businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district. ) ' time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623. § 36622. Contents of management district plan The management district plan shall contain all of the following: (a) A map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. (b) The name of the proposed district. (c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected lands and businesses included. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements and activities proposed for each year of operation of the district and the maximum cost thereof. (e) The total annual amount proposed to be expended for improvements, maintenance and operations, and debt service in each year of operation of the district. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. National City Tourism Marketing District Management District Plan Page 16 (k) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof, including operation • ,tenance. The plan may provide that all or any class or category of real property which is ,w from real property taxation may nevertheless be included within the boundaries of out shall not be subject to assessment on real property. (1) Any other item or matter required to be incorporated therein by the city council. § 36623. Procedure to levy assessment (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners of businesses in the proposed district which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. § 36624. Changes to proposed assessments At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements or activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. National City Tourism Marketing District Management District Plan Page 17 § 36625. Resolution of formation (a) If the city council, following the public hearing, decides to establish the proposed rr=...y and business improvement district, the city council shall adopt a resolution of formation that shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement about whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received. (5) A statement that the properties or businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements and activities to be provided in the district will be funded by the levy of the assessments. The'revenue from the levy of assessments within a district shall not be used to provide improvements or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements and activities funded by the assessments proposed to be levied. (b) The adoption of the resolution of formation and recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. § 36626. Resolution establishing district If the city council, following the public hearing, desires to establish the proposed property and business improvement district, and the city council has not made changes pursuant to Section 36624, or has made changes that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the district. The resolution shall contain all of the information specified in paragraphs (1) to (8), inclusive, of subdivision (b) of Section 36625, but need not contain information about the preliminary resolution if none has been adopted. National City Tourism Marketing District Management District Plan Page 18 § 36626.5. [Section repealed 1999.] § 36626.6. [Section repealed 1999.] ' ection repealed 1999.] § 36627. Notice and assessment diagram Following adoption of the resolution establishing the district pursuant to Section 36625 or 36626, the clerk of the city shall record a notice and an assessment diagram pursuant to Section 3114. If the assessment is levied on businesses, the text of the recorded notice shall be modified to reflect that the assessment will be levied on businesses, or specified categories of businesses, within the arca of the district. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. § 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. § 36628.5. Assessments on businesses or property owners The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements and activities. § 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a parking and business improvement area. National City Tourism Marketing District Management District Plan Page 19 § 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to rnbf'; (h) of Section 36622, a new management district plan may be created and a new district established pursuant to this part. § 36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner. set forth by the city council in the resolution establishing the management district plan described in Section 36622. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part shall be charged interest and penalties. § 36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part. (c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. § 36633. Time for contesting validity of assessment The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. § 36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. National City Tourism Marketing District Management District Plan Page 20 , 36635. Request to modify management district plan The owners' association may, at any time, request that the city council modify the rnt “ cinent district plan. Any modification of the management district plan shall be made -'.is chapter. § 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention; Modification of improvements and activities by adoption of resolution after public hearing (a) Upon the written request of the owners' association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623 . Notice of all other public meetings and public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public meeting. (2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public meeting, to each business owner or property owner affected by the proposed modification. (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. § 36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. § 36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks -Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 National City Tourism Marketing District Management District Plan Page 21 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. 'h) The :esolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. (c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. § 36641. [Section repealed 20014 § 36642. [Section repealed 2001.] § 36643. [Section repealed 2001.] § 36650. Report by owners' association; Approval or modification by city council (a) The owners' association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The owners' association's first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements and the activities for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. National City Tourism Marketing District Management District Plan Page 22 (6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The city council may approve the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. Any modification shall be irde p!;:suant to Sections 36635 and 36636. .. ouncil shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. § 36651. Designation of owners' association to provide improvements and activities The management district plan may, but is not required to, state that an owners' association will provide the improvements or activities described in the management district plan. If the management district plan designates an owners' association, the city shall contract with the designated nonprofit corporation to provide services. § 36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district. § 36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year National City Tourism Marketing District Management District Plan Page 23 after the date of establishment of the district and shall continue for 30 days. The next such 30- day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners of real property or of businesses in the area who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the ashi• `. +ne city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. § 36671. Refund of remaining revenues upon disestablishment of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. National City Tourism Marketing District Management District Plan Page 24 APPENDIX 2 — LODGING BUSINESSES TO BE ASSESSED WITHIN THE NCTMD ame Clarion South Bay Grand Plaza Inn National City Motel Rodeway Inn Su . er 8 Motel Street Address 700 National City Blvd 1125 E Plaza Blvd 510 National City Blvd AR I 607 Roosevelt Avenue 425 Roosevelt Ave Room Count 180 39 24 40 61 National City Tourism Marketing District Management District Plan Page 25 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING f?ATF• January 10, 2012 AGENDA ITEM NO. 24 TITLE: Resolution of the City Council of the City of National City urging the State of Califomia to adopt urgf r: '4'=fin making the possession of psychoactive bath salts and psychoactive herbal in F <= vor)la :f)) of State law PREPARED BY: PHONE: EXPLANATION: Claudia Gacitua Silva DEPARTMENT: City Attorney Manuel Rodriquez Pglice Department Ext. 4222 and 4507 Please see attached staff report. APPROVED BY: APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. I APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: f report Dosed resolution Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate Office of the City Attorney City Attorney Claudia Gacitua Silva Legal Counsel George H..Eiser, III Senior Assistant City Attorney Jodl L. Doucette TO: Mayor and City Council DATE: January 5, 2012 FROM: City Attorney SUBJECT: Resolution of the City Council of the City of National City urging the State of California to adopt urgency legislation making the possession of psychoactive bath salts and psychoactive herbal incense a violation of State law Recently, the State of California adopted legislation prohibiting the sales and distribution of certain synthetic drugs, commonly referred to as "spice" and "bath salts" (AB 486 — synthetic compounds contained in psychoactive bath salts, and SB 420 — synthetic cannabinoid compounds). The state legislation does not, however, prohibit possession of these types of drugs: The City has been asked by the group People Against Spice Sales (P.A.S.S.) to adopt a resolution urging the State to criminalize the possession of spice and bath salts, in further effort to curb the current abuse of these drugs. A resolution urging the State to ban the possession of these drugs is attached -for City Council consideration, Background P.A.S.S. has appeared before the City Council to present on the perils of the synthetic drugs being marketed, especially to school age children. P:A.S.S: has also met with. City staff and community stakeholders to discuss approaches to educating parents and children on the dangers; of the substances: A community meeting at Sweetwater Union High School was also held to provide further outreach and education on the. subject. Spice is referred to as a psychoactive herbal incense in this report, and Bath Salts are referred to as psychoactive bath salts. By all accounts, these psychoactive drugs are dangerous to use. The distribution and use of psychoactive herbal incense (most commonly marketed as "Spice" or "IK2") and psychoactive bath salts (marketed under multiple brands) has been spreading across the United States. These products contain dangerous chemical compounds which are "designer drugs" designed to mimic the psychotropic effects of illegal stimulants and hallucinogens such as cocaine, methamphetamine, LSD, ecstasy, and marijuana, yet are manufactured in a way to avoid triggering the Federal Controlled Substances Act. These substances can cause -and have caused serious adverse health effects on users, including cardiac arrest, seizures, extreme anxiety/agitation, sometimes progressing to violent behavior, extreme paranoia, delusional thinking, visual and auditory hallucinations, suicidal thoughts/actions, increased blood pressure and heart rate, renal and kidney failure, and•death. 1243 National City Boulevard; Nationalcity, Callfornia'91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Staff Report Psychoactive Bath Salts and Psychoactive Herbal Incense January 5, 2012. Page Two The extent of actual use of these products in National City is unclear. However, liquor and convenience stores located in National City have been observed selling "spice" and "bath salts" product types. In addition, the Police Department has encountered youth in possession of "spice." The Police Department reports that many of the truants encountered have "spice" in their possession. In at least one known case, a high school student smoked psychoactive herbal incense and suffered cardiac arrest. These drugs pose a serious threat to public health and safety, based on their easy availability potential dangers. In response to the dangers posed by spice and bath salts products, ' numerous states have made the chemical substances contained in these products illegal.. States taking such actions include Missouri, Louisiana, Michigan, North Dakota and Florida. The United States Drug Enforcement Agency has used its emergency powers to name some of the substances in these products Schedule 1 controlled substances. It should also be noted, Sweetwater Union High School District recently took action to ban these products from their campuses. Despite these positive actions, there remain gaps in the laws governing spice and bath salts. First, the laws are based on identified, outlawed substances. It is well-known that the manufacturers of these psychoactive drugs commonly manipulate the chemical substance ingredients to avoid using the precise chemicals outlawed, while still achieving the same result. The proposed resolution contains a broader definition of these psychoactive drugs to address this concern. Second, possession is not addressed in the state law. While the City has the authority to adopt a local ordinance banning the possession of these psychoactive drugs, a consistent statewide approach would provide the most effective enforcement mechanism. The Police Department and City Attomey's Office have been workingtogether on examining approaches to effectively removing these drugs from our community. While thestate law addresses sales and distribution, in looking at prohibiting possession as the local level (as a Municipal Code violation resulting in a misdemeanor), staff delved into what resources would be required to prosecute these cases. More specifically, in researching criminalizing possession, one must examine the issueof testing to detect the illegal substances. At this time, the Sheriff's Crime Lab does not have testing for these drugs in place. Accordingly, the City would be burdened with the cost of testing that would need to be sent out to other labs. In addition, significant City resources would need to be expended by the Police Department and City Attorney's Office in pursuing misdemeanor charges through the court system. A statewide approach, however, would address these concerns. The attached resolution urges the state to adopt legislation prohibiting the possession of psychoactive drugs. Staff recommends the attached resolution be adopted, urging the state prohibit the possession of the psychoactive drugs commonly referred to as spice and bat 1 salts. C City Attorne CGS/gm. RESOLUTION 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY URGING THE STATE OF CALIFORNIA TO ADOPT URGENCY LEGISLATION MAKING THE POSSESSION OF PSYCHOACTIVE BATH SALTS AND PSYCHOACTIVE HERBAL INCENSE A VIOLATION OF STATE LAW WHEREAS, the City Council is concerned for the safety and health of City of National City citizens because the use, sale and distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense pose serious threats to their health, safety and general welfare; and WHEREAS, Psychoactive Bath Salts can be defined as any crystalline or powder product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects including but not limited to the following substances: 3,4-Methylenedioxymeth- cathinone (Methylone), 3,4-Methyenedioxypyrovalerone (MDPV), 4-Methylmethcathinone (Mephedrone), 4-methoxymethcathinone (Methedrone), 4-Fluoromethcathinone (Flephedrone), 3-Fluoromethcathinone (3-FMC), naphthylpyrovalerone and 2-amino-I-phenyl-I-propanone (cathinone) or any derivatives, synthetic substances and their isomers with similar chemical structure or any chemical alteration of these compounds which exhibit the same effects and/or any other substantially similar chemical structure or compound; and WHEREAS, Psychoactive Bath Salts are commonly marketed under trade names, such as Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night and White Lightning but may be marketed under other trade names and contain a common disclaimer that these products are "not safe for human consumption" ; and WHEREAS, Psychoactive Herbal Incense can be defined as follows: Any organic product consisting of plant material that contains a synthetic chemical compound that elicits psychoactive or psychotropic euphoric effects including but not limited to the following: any synthetic cannabinoid compound that contains 1-pentyl-3-(1-naphthoyl) indole (JWH-018), 1-buty1.3-(1-naphthoyl)indole (JWH-073), 1-2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH- 200), 5-(1,1-dimethylheptyl)-2-(1R,3S)-3-hydroxycyclohexyl]-phenol, (CP-47,497), 5-(1,1- dimethyloctyl)-2-(1 R,3S)-3-hydroxycyclohexyl]-phenol, (cannabicyclohexanol; CP-47, 497 C8 homologue) or any derivatives, synthetic substances and their isomers with similar chemical structure or any chemical alteration of these compounds which exhibit the same effects and/or any other substantially similar chemical structure or compound; and WHEREAS, Psychoactive Herbal Incense products are commonly marketed under the following names: K2, K3, Spice, Genie, Smoke, Pot-Pourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue, Stinger, Serenity, Fake Weed, Black Mamba, but may be marketed under other trade names and contain a common disclaimer that these products are "not safe for human consumption"; and WHEREAS, according to credible news reports and authorities, Psychoactive Bath Salts and Psychoactive Herbal Incense have caused or been linked to numerous deaths, medical emergencies, acts of violence, and other incidents throughout the United States and Europe; and Resolution No. 2012 — January 10, 2012 Page Two WHEREAS, calls to the United States Poison Control Center have substantially increased over the past year with regard to the ill-effects of Psychoactive Bath Salts and Psychoactive Herbal Incense; and WHEREAS, Psychoactive Bath Salts have been falsely marketed as standard bath salts for use in one's bath, but in fact have been ingested, snorted and used intravenously by many people throughout the United States with serious, deleterious effects to the person's health, including extreme anxiety/agitation, sometimes progressing to violent behavior, extreme paranoia, delusional thinking, visual and auditory hallucinations, suicidal thoughts/actions, increased blood pressure and heart rate, renal and kidney failure, and death; and WHEREAS, Psychoactive Bath Salts, are in fact "designer drugs" which have been manufactured with chemical substances that are intended to mimic and recreate the effects of cocaine and methamphetamine which are illegal, controlled substances under State and federal law; and WHEREAS, Psychoactive Herbal Incense has been falsely marketed as standard incense used for its aromatic qualities, but in fact been ingested or smoked by many people throughout the United States with serious, deleterious effects to the person's health, including cardiac arrest, seizures, extreme anxiety/agitation, sometimes progressing to violent behavior, extreme paranoia, delusional thinking, visual and auditory hallucinations, suicidal thoughts/actions, increased blood pressure and heart rate, renal and kidney failure; and WHEREAS, Psychoactive Herbal Incense, are in fact "designer drugs" which have been manufactured with chemical substances that are intended to mimic and recreate the euphoric effects of marijuana which is an illegal, controlled substance under federal law; and WHEREAS, recently a local youth attending a high school in Sweetwater Union High School District suffered a cardiac arrest after smoking Psychoactive Herbal Incense; and WHEREAS, Sweetwater Union High School District recently banned Psychoactive Bath Salts and Psychoactive Herbal Incense on school property; and WHEREAS, possession of Psychoactive Bath Salts and Psychoactive Herbal Incense continue to possessed by youth; and WHEREAS, California has banned the sale and distribution of Psychoactive Bath Salts and Psychoactive Herbal Incense, and the chemical substances contained therein; and WHEREAS, the Federal Drug Enforcement Agency has used its emergency powers under the Controlled Substances Act to declare many of the chemical substances contained in Psychoactive Bath Salts and Psychoactive Herbal Incense illegal; and WHEREAS, notwithstanding the federal and State laws, there remains gaps in the law that warrant further action at the State level to specifically address possession of these drugs; and ?Jo. 2012 — 2012 WHEREAS, State law bans the sale and distribution of these drugs, but does not anion; and WHEREAS, based upon on the facts described above, and other good and reliable information presented to and considered thereby, the City Council determined that the possession of Psychoactive Bath Salts and Psychoactive Herbal Incense continues to occur and is injurious to the health, safety and general welfare of National City citizens; and WHEREAS, the City of National City urges the State to address the continuing serious problem of possession of Psychoactive Bath Salts and Psychoactive Herbal Incense by prohibiting the possession of such drugs; and WHEREAS, a statewide uniform approach is most appropriate because these are controlled substances as defined in State law. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby urges the State of California to immediately ban the possession of Psychoactive Bath Salts and Psychoactive Herbal Incense. PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 25 EM TITLE: Resolution of the City Council of the City of National City designating the City of National City as the Successnr grenr.' under Part 1.85 of the Health and Safety Code subject to reservations herein PREPARED BY: PHONE: EXPLANATION: Claudia Gacitua Silva DEPARTMENT: Ext. 4222 APPROVED BY: ABx1 26 dissolves redevelopment agencies as of February 1, 2012. The City of National City is the sponsoring community and becomes the successor agency by operation of law on February 1, 2012. Based on certain ambiguous language in ABx1 26, however, it is advisable to have the City affirmatively designate itself as successor agency. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: posed resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE CITY OF NATIONAL CITY AS THE SUCCESSOR AGENCY UNDER PART 1.85 OF THE HEALTH AND SAFETY CODE SUBJECT TO RESERVATIONS HEREIN STATED WHEREAS, the City of National City formed the Community Development Commission of the City of National City ("Agency"), which has continuously engaged in redevelopment activities under the Community Redevelopment Law (Health and Safety Code sections 33000 et seq.); and WHEREAS, by enactment of Part 1.85 of the Health and Safety Code, subject to all reservations herein stated, the Agency is subject to dissolution on February 1, 2012, such that the Agency shall be deemed as a former redevelopment agency under Health and Safety Code section 34173(a); and WHEREAS, Health and Safety Code section 34173(a) designates successor agencies as successor entities to former redevelopment agencies; and WHEREAS, the City Council of the City of National City desires to declare itself as the successor agency upon the dissolution of the Agency, subject to all reservations herein stated; and WHEREAS, the City Council of the City of National City hereby desires to adopt. this Resolution, subject to the express reservation of rights of the City of National City and Agency under law and/or equity, including without limitation the effectiveness of Assembly Bill No. 26 (2011-2012 lst Ex. Sess.) ("AB 1x 26"), collectively, "Laws"; and WHEREAS, the City Council does not intend, by adoption of this Resolution, to waive any constitutional and/or legal rights under law and/or equity, including without limitation the effectiveness of AB 1 x 26, by virtue of the adoption of this Resolution and, therefore, reserves all of its rights under Laws to challenge the applicability of AB 1x 26 to the Agency and/or the City of National City in any administrative or judicial proceeding; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. WHEREAS, the City Council of the City of National City hereby finds and determines that the foregoing recitals are true and correct. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AS FOLLOWS: Subject to all reservations herein stated, the City of National City hereby elects to become the successor agency under Health and Safety Code section 34173(a) and implement all duties of successor agencies under Part 1.85 of the Health and Safety Code. 2. The City Manager is hereby authorized to administer the responsibilities of the City of National City under Part 1.85 of the Health and Safety Code. Resolution No. 2011 — January 10, 2012 Page Two This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEET:NG >=,TL. January 10, 2012 AGENDA ITEM NO. 26 M TITLE- Resolution of the City Council of the City of National City under Part 1.85 of Division 24 of the Health and . ` ' '-signating the National City Housing Authority to perform the housing functions by the Community Development Commission of the City of National City subject to reservations herein stated PREPARED BY: PHONE: EXPLANATION: Claudia Gacitua Silva Ext. 4222 DEPARTMENT: APPROVED BY: ABx1 26 dissolves redevelopment agencies as of February 1, 2012. The City of National City established a Housing Authority in 1975 to perform housing authority functions. ABx1 26 allows the continuance of such operation and a transfer of the assets to the Housing Authority. This resolution allows such a transfer of functions and housing authority to occur. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )osed resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY UNDER PART 1.85 OF DIVISION 24 OF THE HEALTH AND SAFETY CODE DESIGNATING THE NATIONAL CITY HOUSING AUTHORITY TO PERFORM THE HOUSING FUNCTIONS PREVIOUSLY PERFORMED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY SUBJECT TO RESERVATIONS HEREIN STATED WHEREAS, the City of National City formed the Community Development Commission of the City of National City ("CDC"), which has continuously engaged in both redevelopment activities under the Community Redevelopment Law (Health and Safety Code sections 33000, et seq.) ("CRL") and housing authority activities under the Housing Authority Law (Health and Safety Code sections 34200, et seq.); and WHEREAS, at the time the City of National City formed the CDC, the City also established the Housing Authority of the City of National City (Ordinance No. 1484, dated October 14, 1975); and WHEREAS, the Redevelopment Agency of the City of National City ("Agency") was established by Ordinance No. 1164, dated April 11, 1967; and WHEREAS, the CDC was established to enable both the Agency and the Housing Authority to operate under a single board and single entity; and WHEREAS, Sections 33334.2 and 33334.3 of the Community Redevelopment Law require the Agency to use not less than 20 percent (20%) of taxes allocated to the Agency pursuant to Section 33670 of the CRL for the purpose of increasing, improving, and preserving the community's supply of low and moderate income housing ("Low and Moderate Income Housing Fund"); and WHEREAS, the CDC has continuously utilized its Low and Moderate Income Housing Fund for the purpose of increasing, improving and preserving the community's supply of low- and moderate -income housing available at affordable housing cost; and WHEREAS, by enactment of Part 1.85 of Division 24 of the Health and Safety Code, subject to all reservations herein stated, the Agency, but not the CDC, is subject to dissolution on February 1, 2012, such that the Agency shall be deemed as a former redevelopment agency under Health and Safety Code section 34173(a); and WHEREAS, the dissolution of the Agency is limited to the dissolution of the redevelopment activities and does not affect or impair the Housing Authority or the CDC; and WHEREAS, subject to all reservations herein stated and pursuant to Part 1.85 of Division 24 of the Health and Safety Code, the City Council of the City of National City desires to designate National City Housing Authority ("Authority") to receive the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Agency upon the dissolution of the Agency, including enforcement of affordability covenants and performance of related activities pursuant to applicable provisions of the CRL, including, but not limited to, Section 33418; and Resolution No. 2012 — January 10, 2012 Page Two WHEREAS, the City Council of the City of National City hereby desires to adopt this Resolution, subject to the express reservation of rights of the City of National City, CDC, Agency and Authority under law and/or equity, including without limitation the effectiveness of Assembly Bill No. 26 (2011-2012 lst Ex. Sess.) ("AB 1x 26") (collectively, "Laws"); and WHEREAS, the City Council does not intend, by adoption of this Resolution, to waive any constitutional and/or legal rights under law and/or equity, including without limitation the effectiveness of AB 1 x 26, by virtue of the adoption of this Resolution and, therefore, reserves all of its rights under Laws to challenge the applicability of AB ix 26 to the Agency and/or the City of National City and/or Authority and/or CDC, in any administrative or judicial proceeding; and WHEREAS; all other legal prerequisites to the adoption of this Resolution have occurred; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AS FOLLOWS: Subject to all reservations herein stated and pursuant to Part 1.85 of Division 24 of the Health and Safety Code, the City of National City hereby designates the Authority to receive the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Agency upon the dissolution of the Agency, including enforcement of affordability covenants and performance of related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000), including, but not limited to, Section 33418. 2. The designation of Authority under this Resolution is expressly contingent upon Authority being duly authorized to take, and taking, such actions as are need to effectuate the transfer described in the immediately preceding paragraph. 3. The City Manager is hereby authorized to make all notifications of such designation as deemed necessary under Part 1.85 of Division 24 of the Health and Safety Code and to execute all documents and take all actions necessary and convenient to carry out and implement the designation of the Authority to receive the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Agency upon the dissolution of the Agency, including enforcement of affordability covenants and performance of related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000), including, but not limited to, Section 33418. 4. This Resolution shall take effect immediately upon its adoption. --- Signature Page to Follow --- Resolution No. 2012 — January 10, 2012 Page Three PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT iiiEETING DATE. January 10, 2012 AGENDA ITEM NO. 27 d TITLE: Resolution of the City Council of the City of National City electing to retain the housing assets and func;t: - mmunity Development Commission of the City of National City under Part 1.85 of t ;. }h and Safety Code subject to reservations herein stated PREPARED BY: PHONE: EXPLANATION: Claudia Gacitua Silva DEPARTMENT: Ext. 4222 APPROVED BY: ABx1 26 dissolves redevelopment agencies as of February 1, 2012. The City of National City established a Housing Authority in 1975 to perform housing authority functions. ABx1 26 allows the continuance of such operation and a transfer of the assets to the Housing Authority. This resolution allows such a transfer to occur. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: iosed resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ELECTING TO RETAIN THE HOUSING ASSETS AND FUNCTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY NATIONAL CITY UNDER PART 1.85 OF DIVISION 24 OF THE HEALTH . ,wu SAFETY CODE SUBJECT TO RESERVATIONS HEREIN STATED WHEREAS, the City of National City formed the Community Development Commission of the City of National City ("Agency"), which has continuously engaged in redevelopment activities under the Community Redevelopment Law (Health and Safety Code sections 33000 et seq.)("CRL"); and WHEREAS, Sections 33334.2 and 33334.3 of the CRL require the Agency to use not less than 20 percent of taxes allocated to the Agency pursuant to Section 33670 of the CRL for the purpose of increasing, improving, and preserving the community's supply of low and moderate income housing ("Low and Moderate Income Housing Fund"); and WHEREAS, the Agency has continuously utilized its Low and Moderate Income Housing Fund for the purpose of increasing, improving and preserving the community's supply of low- and moderate -income housing available at affordable housing cost; and WHEREAS, by enactment of Part 1.85 of Division 24 of the Health and Safety Code, subject to all reservations herein stated, the Agency is subject to dissolution on February 1, 2012 such that the Agency shall be deemed as a former redevelopment agency under Health and Safety Code section 34173(a); and WHEREAS, subject to all reservations herein stated and pursuant to Part 1.85 of Division 24 of the Health and Safety Code, the City Council of the City of National City desires to r;aain, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and funcf:ions previously performed by the Agency upon the dissolution of the Agency, including enforcement of affordability covenants and performance of related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000), including, but not limited to, Section 33418; and WHEREAS, the City Council of the City of National City hereby desires to adopt this Resolution, subject to the express reservation of rights of the City of National City and Agency under law and/or equity, including without limitation the effectiveness of Assembly Bill No. 26 (2011-2012 1st Ex. Sess.) ("AB 1x 26") (collectively, "Laws"); and WHEREAS, the City Council does not intend by adoption of this Resolution to waive any constitutional and/or legal rights under law and/or equity, including without limitation, the effectiveness of AB 1x 26, by virtue of the adoption of this Resolution and therefore reserves all of its rights under Laws to challenge the applicability of AB 1x 26 to the Agency and/or the City of National City in any administrative or judicial proceeding; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. WHEREAS, the City Council of the City of National City hereby finds and determines that the foregoing recitals are true and correct. Resolution No. 2012 — January 10, 2012 Page Two NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AS FOLLOWS: Subject to all reservations herein stated and pursuant to Part 1.85 of Division 24 of the Health and Safety Code, the City of National City hereby elects to retain, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Agency upon the dissolution of the Agency, including enforcement of affordability covenants and performance of related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000), including, but not limited to, Section 33418 and hereby accepts the transfer to the City of National City of all of the housing assets, rights, powers, duties, obligations, liabilities and functions associated with the housing activities of the Agency. 2. The City Manager is hereby authorized to make all notifications of such election as deemed necessary under Part 1.85 of Division 24 of the Health and Safety Code and to execute all documents and take all actions necessary and convenient to carry out and implement the transfer to the City of National City of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Agency upon the dissolution of the Agency, including enforcement of affordability covenants and performance of related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000), including, but not limited to, Section 33418 and to administer the City's obligations, responsibilities and duties to be performed thereunder. 3. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEE1ING DATE: January 10, 2012 M TITLE: AGENDA ITEM NO.28 Presentation on the Marina District joint planning process with the Port and authorizing staff to work jointly with the Port District to issue a Request for Qualifications (RFQ) from parties interested in - the Ma; la District. PREPARED BY: Raymond Pe, Principal Planne PHONE: '336-4421 DEPARTMENT: Dev APPROVED BY: Services EXPLANATION: The San Diego Unified Port District and the City have jointly undertaken a land use planning study for an area within the National City Marina District. The study area is generally bounded by Bay Marina Drive to the north, Marina Way and Paradise Marsh to the east, the Sweetwater River flood control channel to the south, and Tidelands Avenue to the west. The Port has land use authority over approximately two-thirds of the defined study area; the City has authority over the remaining area. The study analyzes the development potential in the study area, recommends a preferred land use alternative for future development, and addresses the implementation of the preferred alternative. The recommended preferred alternative proposes that some of the industrial designated lands in the study area be converted to commercial land uses. 4e background report, the study, and a market analysis are attached. FINANCIAL STATEMENT: ACCOUNT NO. Not Applicable ENVIRONMENTAL REVIEW: Not Applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: 1. Accept and file the Marina District Planning Study. 2. Direct staff to work with the Port to develop an RFP for the implementation of the study recommendations and development of the study area with flexibility to consider phasing or portions of the study area. 3. Direct staff to work with the Port on the development of parks and supporting facilities on the B-1 and B-3 parcels pursuant to the Harbor District Specific Area Plan and the approved Port CIP. 4. Direct City staff to consider the feasibility of relocating Granger Music Hall to a location within the study area. BOARD / COMMISSION RECOMMENDATION: �Applicablq� ACHMENTS: 1. Background Report 2. Marina District Vision Plan Available in City Clerk's Office) 3. Market Analysis (Available in City Clerk's Office) ATTACHMENT 1 BACKGROUND REPORT Background ,re have been significant cooperative efforts between the San Diego Unified Port District (Port) and the City in planning, funding, and building a variety of projects within the study area including Pepper Park, Pier 32 Marina, the Marina Gateway development, the Rail Depot, Railcar Plaza, construction of Marina Way, improvements to Bay Marina Drive, and the new Aquatic Center. The Port and City have expended or u. _ _ AL d nearly $32 Million for projects in the Harbor District area. This figure includes nearly $9 Million from the CDC and $15 Million from the Port for completed projects. Current projects include $575,571 from the CDC and $979,693 from the Port. Future projects have been allocated over $3.4 Million from the CDC and $3 Million from the Port. The implementation of the preferred alternative would compliment the ongoing efforts of the Port and City to redevelop the study area to increase visitor -serving commercial uses and public access to the waterfront while defining the land use transition between commercial and industrial areas. In October 2010, the Port and the City agreed to jointly undertake a land use planning study for an approximately 98-acre area within the National City Marina District. The City contributed funds to cover one- third of the costs of the study. The study area is generally bounded by Bay Marina Drive to the north, Marina Way and Paradise Marsh to the east, the Sweetwater River flood control channel to the south, and Tidelands Avenue to the west. The Port has land use authority over approximately two-thirds of the defined study area; the City has authority over the remaining area. The Port and City subsequently prepared a request for proposals (RFP) for the study and issued the RFP in December 2010. Four consulting firms submitted proposals in response in January 2011. The Port and City interviewed and evaluated the firms, selected the preferred firm of Project Design Consultants (PDC), and conducted agreement negotiations with PDC. The Port and City entered into a three -party agreement with PDC in May 2011. The planning study began in March 2011 with a meeting to establish the study approach and to refine the sultant's proposed scope of work. In March, data needs were assembled, stakeholders were identified, site visits/surveys were conducted. Between April and June, the consultant interviewed stakeholders. On May 4, the first public workshop provided the public with an overview of the study objectives and solicited input on issues, opportunities, constraints, and desirable land uses for the study area. On June 15, the second public workshop introduced conceptual land use alternatives developed by the consultant based on public and stakeholder comments, and a preference survey was conducted. On October 5, the third public workshop presented the results of the public input, which included the survey results, workshop comments, and correspondence received. The fourth public workshop was held on December 7, during which the preferred land use alternative was presented. The public workshops were well -attended by a diverse range of stakeholders including Port tenants, BNSF Railroad, the Environmental Health Coalition, outside agencies, potential developers, and representatives of adjacent jurisdictions. Study Summary One of the major principles underlying the implementation of the vision plan is that there will be no net loss of maritime industrial lands. This principle holds that for maritime industrial lands to be converted to non -maritime uses, an equivalent replacement must be designated to maritime industrial to offset the change. For example, if the National Distribution Center was to be redeveloped for commercial use, the same amount of non - maritime industrial land would need to be designated for maritime industrial use. The planning study analyzes the development potential in the study area (including a market study), recommends a preferred vision for future land use development, and addresses the means for implementation of the preferred land use alternative. The basis for the development of the preferred alternative included the ving objectives: • Protect maritime uses • Enhance the working waterfront Attachment 1 — Background Report Page 1 of 2 • Increase public access to the waterfront • Provide additional public amenities • Establish additional visitor -serving uses • Ensure compatibility of adjacent and transitional land uses • Solicit public and stakeholder input to assist in the design of the plan • Comply with environmental regulations and protect coastal resources • Develop a plan that is financially feasible and provides a fiscal benefit to both the Port and the City The resulting preferred land use alternative is a vision plan for the study area that generally recommends the conversion of some industrial land use to commercial land use. These areas include portions of the blocks north of Bay Marina Drive, the National Distribution Center (including San Diego County Child Protective Services), and an area north of 32nd Street and east of Tidelands Avenue. However, any loss of maritime industrial lands would be replaced. The preferred alternative proposes the realignment of Tidelands Avenue to the area along the existing railroad line west of the National Distribution Center. This realignment would serve to provide access to the adjacent parcel for future potential development and would also serve to delineate the separation of industrial and commercial land uses. A portion of Marina Way is also proposed for realignment to improve the ability to develop adjacent parcels. Three potential park sites are also proposed in the preferred alternative. One location north of Pepper Park and the boat launch would allow for the expansion of Pepper Park. The other two locations are areas within the existing Harbor District Specific Area Plan; these sites are already designated for park development in the specific plan. One of these is located along Marina Way adjacent to Paradise Marsh on what is designated as the B-1 parcel; the other is located near the southeast corner of the marina adjacent to Paradise Marsh on the B-3 parcel. Analysis The preferred alternative would improve several undesirable land use conditions in the study area. Many of the existing parcels in the area are odd -shaped, divided, incompatible with adjacent uses, or otherwise constrained for development. The preferred alternative would result in more developable land areas, improve buffering and delineation between land uses, and create a more substantial footprint for comprehensive commercial development. In addition, the principal of no net loss of maritime industrial lands would insure the continued protection of maritime uses. The planning study/vision plan is intended to inform the Port and City of the potential for future land use development in the study area. The study recommendations are not binding and require considerable discretionary entitlements in order to implement the preferred alternatives. These are further complicated by inter -jurisdictional land use authority as well as permit and discretionary authority of various other agencies, particularly the California Coastal Commission and State Lands Commission. Furthermore, development of the preferred land use alternative will ultimately be determined by market forces. Recommendation To further the implementation of the preferred land use alternative, staff recommends that Council: 1. Accept and file the Marina District Planning Study. 2. Direct staff to work with the Port to develop an RFP for the implementation of the study recommendations and development of the study area with flexibility to consider phasing or portions of the study area. 3. Direct staff to work with the Port on the development of parks and supporting facilities on the B-1 and B-3 parcels pursuant to the Harbor District Specific Area Plan and the approved Port CIP. 4. Direct City staff to consider the feasibility of relocating Granger Music Hall to a location within the study area. Attachment 1 — Background Report Page 2 of 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT :vIEEH ING DATE: January 10, 2012 AGENDA ITEM NO. 29 ,M TITLE: Follow up report and request for direction from City Council regarding the initiation of a Code Amendment to reclassify auto glass use for inclusion in the Major Mixed -Use Corridor (MXC-2) zone.. PREPARED BY: Martin Reeder DEPARTMENT: Development Svcs/Planning. PHONE: 619-336-4313 APPROVED BY: EXPLANATION: At the City Council meeting of December 6, 2011, there was discussion about the increasing numbers of commercial vacancies in the City. Discussion also focused on the classifications of certain types of businesses being outdated due to the advent of newer technologies that negate impacts historically associated with said businesses. This classification issue allegedly makes it difficult for vacant properties to be continuously occupied. At issue is a property located on Highland Avenue, within the Major Mixed -Use Corridor (MXC-2) zone, where an auto glass business has applied to be located. However, auto glass comes under the umbrella of minor auto repair and is, as such, not allowed in the MXC-2 zone. In an effort to allow such a business in the MXC-2 zone, the applicants have expressed interest in reclassifying auto glass differently so as to allow it in the MXC-2 zone and thus at the subject property on Highland Avenue. In order to reclassify this type of use, a Code Amendment would be necessary, which would first need to be initiated. Upon considering this report the Council may, at its discretion, initiate said amendment by minute action. attached background report discusses the matter in detail and provides options for the Council. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Consider the attached staff report and determine if a Code Amendment initiation is warranted. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: (ground Report BACKGROUND REPORT The property in question is located at 1205 Highland Avenue, which has historically been a bicycle shop. This use was considered a retail use that was r it in the former General Commercial (CG) zone in this area, and in the :.or Mixed -Use Corridor (MXC-2) zone that is prevalent along Highland Avenue today. The most recent business use proposed for the property was for the sale and installation of auto glass, which is considered minor automobile repair; the CG zone did not allow for such use. The recent Land Use Update rezoned this stretch of Highland Avenue to MXC-2, which likewise does not allow for minor automobile repair. The Land Use Code definition of Automobile Repair, Minor is as follows: • "Minor automobile repair" means the sale, installation, and servicing of tires, batteries, automotive accessories and replacement items, engine tune-up, replacing points and plugs, carburetor overhaul; brake replacement and drum turning; alignment work, wheel balancing; replacing shock absorbers; air conditioning service; washing and lubricating services; steam cleaning; and supplying other incidental customer services and products. Automobile repair uses typically involve the servicing of vehicles on site or in the field The former poses issues with parking of vehicles to be serviced or waiting to ter. )icked up. The latter poses issues with service vehicles parked on site. Ttio potential concerns are generally not at issue in an industrial or heavier commercial zone where automobile uses are typically allowed; however, these concerns are exacerbated in retail use areas, given the closer proximity to residential areas and the need for available parking. The proponents of the subject business have stated that new technologies in the field of auto glass replacement remediate historically associated issues (e.g. noise, parking, storage). Therefore, they are requesting that the City Council consider initiate a Code Amendment to allow an auto glass installation business to operate within the MXC-2 zone. The retail sale of auto glass would be allowed by right in any zone allowing retail sales — only the installation and/or storage of service vehicles is currently not permitted in the MXC-2 zone. Initiation procedure A Code Amendment must first be initiated in order to be considered for adoption by the Planning Commission and City Council. Initiation may be made either by minute action of the City Council or by application. The latter option requires the applicant to submit an application and the associated $1,607.50 fee. Minute action by Council does not necessitate a fee on the part of the affected parties_ 1 If the Council were to initiate this Code Amendment, the applicant would need to pay an application fee of $2,485 and submit a full application to staff. The application would need to provide information on the business in question, justification for the amendment, and also potential new language for the classification of the use. Staff would then bring the full Code Amendment to the Planning Commission, and ultimately the City Council, for consideration and approval. There is a Code Amendment for various parts of the Land Use Code currently being considered by Commission and Council. However, this is a wholesale update that is addressing typographical errors, language clarification, and omissions from the previous Code. These are necessary amendments and do not need the same type of analysis as a reclassification of a use not previously allowed in the zone. Therefore, it is appropriate for the subject Code Amendment to be separately initiated and considered. The City Council has two options in this case; to initiate the Code Amendment or not. If the Council chooses to grant the initiation, the applicant will be required to provide additional information for a full submittal. If the Council chooses not to initiate the Code Amendment, no Land Use Code changes would be considered and the applicant would not be able to operate this type of business at this location. 2 CITY OF NATIONAL CITY, CALIFORNIA C:QWi.AOENDA STATEMENT MEETING DATE: January 10, 2012 ITEM NO.30 At TITLE: Approval of the Disqualifying Criteria of a Community and Police Relations Commissioner and the Supplemental Application to the City application for appointment to boards, commissions, and committees. PREPARED BY: Lauren Maxilom PHONE: (619) 336-4289 EXPLANATION: DEPARTMENT: C91 unity Services APPROVED BY: In August, an item regarding an amended application of a sitting commissioner came before the Council. In addressing that matter, the City Council suspended the commissioner from participating and directed staff to return with a recommendation from the Community and Police Relations Commission (CPRC) to address what qualifies as a "passing background check." The CPRC created an ad hoc committee to review their options and the Disqualifying Criteria and Supplemental Application were created. The Disqualifying Criteria for a Community and Police Relations Commissioner (CPRC) and CPRC Supplemental Application to the City application for appointment to boards, commissions and committees are now before this Council for approval. These items are consistent with the provisions in line with CPRC Operating Procedures Section 3.02. Specifically, these documents elaborate and more clearly define Operating Procedures Section 3.02 FINANCIAL STATEMENT: ACCOUNT NO. N/A,! ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Option 1: Accept documents as presented and apply to: a) current suspended commissioner & pending appointee; or, b) new applicants only Option 2: Modify criteria, such as age of conviction and/or type of offense BOARD / COMMISSION RECOMMENDATION: I he (-'KC recommended approval of the Uisqualifymg Criteria of a CPRC Commissioner and the amended Supplemental Application to the City application for appointment to boards, commissions, and committees. ATTACHMENTS: Operating Procedures Section 3.02 Disqualifying Criteria for Community and Police Relations Commissioner 3. Supplemental Application to the City application for appointment to boards, commissions, & committees. National City Community and Police Relations Commission Operating Procedures Section 3.02 The COMMISSION shall consist of nine members, of which seven shall 1-. members that may include two non-residents of the CITY, and two shall be members: one from a Human Rights Advocacy Organization; and one from —wind wiial City Police OFFICERS Association. Vacancies in COMMISSIONER positions shall be nominated and appointed as follows: (a) The COMMISSION shall solicit applications through the City Clerk, the CITY Office of Community Services, the established Neighborhood Councils, the COUNCIL, and the general public. (b) The CITY MANAGER shall appoint a committee to review applications and recommend an appropriate number of nominees to fill impending vacancies. The committee shall consist of two COMMISSION members, either a past COMMISSIONER or one not applying for reappointment, two members of the community at -large, and the CONSULTANT when designated. Three of the committee members, including one COMMISSION member and any CONSULTANT, shall serve as the interview panel. (c) Selection criteria shall include a record of community involvement and the absence of any real or perceived bias or conflict of interest. (d) The CITY MANAGER shall recommend nominees to the COUNCIL for appointment, together with such nominees as the COUNCIL may wish to submit and consider. (e) When selecting COMMISSIONERs, consideration should be given to appointments that will cause the group to reflect the demographic make-up of the . CITY as best practicable. The final nominees selected by COUNCIL for appointment will be required to pass a criminal background check performed by an agency other than the DEPARTMENT prior to their actual appointment. (f) In the event the COUNCIL fails to appoint a nominee, the CITY MANAGER shall initiate the process again within 30-days after the COUNCIL action. Disqualifying Criteria for a Community and Police Relations Commissioner There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the po �rioi_. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history and convictions. ❑ Any Adult Felony conviction (including but not limited to the following) Murder ❑ Rape ❑ Assault I I Grand Theft ❑ Illegal drug use ❑ Possession for sale or sale of controlled substances ❑ Arson ❑ Domestic violence L Elder or Child Abuse ❑ Unlawful intercourse with a minor ❑ Impersonating a Peace office within your lifetime Adult misdemeanor convictions of moral turpitude (including but not limited to the following) ❑ Theft ❑ Burglary ❑ Forgery ❑ Embezzlement ❑ Fraud CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission __ Community & Police Relations Commission* (CPRC) Public Art Committee*` Library Board of Trustees Traffic Safety Committee ........_ . Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Home Address: Tel. No.: Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: San Diego County: California: Educational Background: Occupational Experience: Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No: Yes: _ (please see attached information regarding backgrounds and criminal history for CPRC) Date: Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: November 2011 BOARDS, COMMISSIONS & COMMITTEES Meeting Times and Locations Civil Service Commission Second Thursday of every other month 5:30 p.m. — Civic Center Conference Room Community and Police Relations Commission Third Thursday of February, May, August & November 6:00 p.m. — City Council Chambers Library Board of Trustees Second Wednesday of every month 4:30 p.m. — Library Parks, Recreation & Senior Citizens Advisory Board Third Thursdays of every month 4:00 p.m — Civic Center Conference Room Planning Commission First and Third Monday of every month 6:00 p.m. — City Council Chambers Public Art Committee Fourth Tuesday of January, April, July, October 3:00 p.m. — Civic Center Conference Room Traffic Safety Committee Second Wednesday of every month 3:00 p.m. — Civic Center Conference Room Supplemental Application National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of poPco ;nd community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and communication between citizens and the National City Police Department fhe Natiuiial City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. Have you ever been convicted of a felony crime: yes: no: Have you been convicted of a misdemeanor: yes: _ no: Please feel free to provide an explanation regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Disqualifying criteria for Community and Police Relations Commissioner: Any Adult Felony conviction (including but not limited to the following) ❑ Murder ❑ Rape ❑ Assault ❑ Grand Theft ❑ Illegal drug use ❑ Possession for sale or sale of controlled substances ❑ Arson • Domestic violence • ❑ Elder or Child Abuse ❑ Unlawful intercourse. with a minor ❑ Impersonating a Peace_office within your lifetime Adult Misdemeanor crimes of moral turpitude (including but not limited to the following) ❑ Theft ❑ Burglary ❑ Forgery ❑ Embezzlement ❑ Fraud CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 31 M TITLE: Review of amended application for the Community and Police Relations Commission (CPRC) in light of Disqualifying Criteria and the Supplemental Application to the City application for appointment to City boards, commissions, and committees.. PREPARED BY: Lauren Maxilom DEPARTMENT: PHONE: (619) 336-4289 APPROVED BY: EXPLANATION: An amended application for appointment has been received and is attached from Mr. Frank Lopez for your information and consideration. Upon Council's initial review of the amended application on August 2, 2011 Council suspended the Commissioner from participating pending recommendation from CPRC to amend their operating procedures to address what constitutes a passing background check. The Council can now address the amended application in Tight of its decision regarding the disqualifying criteria. If the disqualifying criteria are to be applied to the suspended commissioner, then the Council would set a hearing for the purposes of providing the commissioner an opportunity to address the Council and provide Council the option of terminating the appointment. If the disqualifying criteria are to be applied prospectively only, thus not applicable to the suspension, then Council can accept and file this amended application and lift the suspension. If this latter course of action is pursued, Council still the opportunity to ask the suspended commissioner about the change in his answer. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Dependent on Council action taken from preceding Council Agenda Item regarding Disqualifying Criteria. BOARD / COMMISSION RECOMMENDATION: Based on the Commissions previous recommendation to Council for approval of the Disqualifying Criteria for a Commissioner this application would be disqualified. ATTACHMENTS: . Staff Report (8/2/11) '.. Council Minutes (8/2/11) 3. Amended CPRC Application (rage 1 at 1) Book 93 / Page 216 08-02-2011 ,MUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA August 2, 2011 The Adjourned Regular Meeting of the City Council and Community Development Commission of National City was called to order at 5:02 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Commission members present: Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Administrative Officials present: Babaki, Dalla, Deese, Duong, Gonzales, Parra, Silva, Smith, Stevenson, Williams, Zapata. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS Eddie Perez, National City, inquired on behalf of some residents regarding the rumored cancellation of zumba classes by the City. Rita Heuss, National City, expressed her disappointment with the conduct of the proceedings at the last Council Meeting during consideration of the item dealing with the football camp. INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS 1. (Page 1 of 1) Frank Lopez RECEIVED 242.1 N Avenue, National City, CA 91950 619-869-6652 CITY CLERK Ilopez a,csbcs.org May 3,201l Mr. Mike Dalia City Clerk City of National City 1243 National City Boulevard National City, CA 91950 RE: Amended Application to City Boards and Commissions Dear Mr. Dalla, 2011 MAY - h A hb: 4 8 CITY OF NATIONAL CITY I am submitting an amended City of National City Application for Appointment to City Boards, Commission and Committee. Attached, please find revised application, along with updated resume. This application shall replace the application submitted on January 25, 2011. I would like to take this opportunity to convey what a pleasure it has been to serve as -a volunteer on the Community and Police Review Commission. It has been very rewarding and great learning experience to have been appointed to serve the City of National City in this capacity. I look forward to keep on serving as .a Community and Police Review Commissioner_ If you have any questions or need further information, please feel free to contact me at 619-869-6652..-. (rage 1. or 1) CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES 6 Civil Service Commission 1 Planning Commission y & Police Relations Commission` _7 _ Public Art Committee' Library Board of Trustees 2 Traffic Safety Committee 5 Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an Name: Frank _Lopez Home Address: 2421 N Avenue, National City .CA, 91911_ Tel. No.: 619-B69-6652 Business Affiliation: South Bay Community Services -title: Director —Youth In Transition Business Address: 1124 Bay Blvd, Suite D., Chula Vista CA 91911 Tel. No.: 619-6282411 Length of Residence in National City: 1987 - San Diego County.: 1967 - California: 1966 Educational Background: San Diego City College Mechanical Engineering 1988, Southwestern College Chula Vista CA - Drafting 1989 Occupational Experience: 18 years of experience in providing services that reinforces family's roles in the community and has assisted youth to identify strengths to become self-sufficient (See Attached Resume). Professional or Technical Organization Memberships: Board.member Izcalli Organization National City Cn (r 5er of Commerce member, Former Chair Countywide Advertising and Marketing WO( i:_,ro.:,t) . Responsible Beverage Server Workgroup MADD, Alcohol Policy Panel Civic or Community Experience, Membership, or Previous Public Service Appointments: Co -Chair So a,: i':;nco de Mayo con Orqutlo, Former Chair Alcohol Tobacco and Other Drugs Task Force Experience or Special Knowledge Pertaining to Area of Ingest: State Certification- Administrator Have you ever been convicted of a crime? No:_ Yes - Date: Signatur Please feel free to provide additiortlal information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. ' Residency requirements may not apply (Page 1 of 1) Frank Lopez 2421 N Avenue, National City, CA 91950 6.19-869-6652 flopez(a?csbcs.org Experience South Bay Community Services 1124 Bay Boulevard, Suite D, Chula Vista, CA 91911 Program Director- Youth In Transition July, 2007- Present Responsible for providing housing and supportive services to Youth in Transition ages 12-24. Program Director is responsible of day to day operations of programs to meet goal and objectives, which include Trolley Trestle, Independent Living Skills, Workforce Investment Act/EXCEL, Transitional Ilousing Program Plus and Casa Nuestra homeless and runaway shelter. Alcohol, Tobacco, and Other Drugs (ATOD) Task Force. April, 2003 — July 2007 Chair Countywide Binge and Underage Drinking Initiative Alcohol Marketing Workgmup. Coordinate an Environmental Prevention and reduction of Alcohol, Tobacco and Other Drugs availability and usage in the South Bay Community. Build community capacity and support collaborative efforts by increasing awareness, education and policy advocacy, .among elected officials and residents of National City. Operation Samahan, Inc. 2841 Highland Avenue, National City, CA 91950 Teen Outreach Coordinator - Youth 2 Youth Center August, 2001 —April, 2003 Manage and oversee Outreach activities. Supervise and train Youth Peer Educators. Provide support to Teen Clinic with Family Planning, Teen Pregnancy Prevention, HIV/STI Education, HIV antibody Pre -Post test counseling and assist with special projects as required. Collaborate and support Health Education activities a promotions. Assist in the deterrnination.of linguistic and cultural appropriateness and the translation of Educational materials. Network with community social service agencies; coordinate health fairs, and community awareness activities in South Bay. Maintain documentation in compliance with funding sources. Vida Integration del Hombre A.C. Tratamiento en Ad.iccion.es parn Menoress 924 Avenida Ryerson, Ensenada, Baja California Youth Treatment Program Coordinator September, 2000 — July, 2001 Initialize the start up of a comprehensive Adolescent Rehabilitation Program in Baja California, Mexico. Served as a consultant to create and institutionalize positive youth daily activities such as Scholastic, Spiritual, Physical, Health and Drug & Alcohol rehabilitation education. Supervise support staff and work closely with Medical Director, Psychiatric Director, Psychologists and Executive Director to evaluateadolescents' physical and emotional daily stability. Provide individual, group, and family therapy to recognize disease of addiction and to rehabilitate residents and families social, spiritual, labor and educational personal values. Family Health Centers of San Diego (formerly known as Logan Heights Family Health Center) 1809 National Avenue, San Diego, CA 92113 Prugra»t Coordinator July, 1997 - August, 2000 ,Male Involvement Initiative -Smart Teens Educating Peers (S T.EP. - Laser Tattoo Removal - TeenSmart Outreach Program Plan, develop, implement and evaluate State and County Granted Programs. Oversee day-to-day program operations, supervision, hiring of staff, budget monitoring and program compliance. Develop and refine hea'''' education and outreach curriculum and materials utilized by the programs. Collect and analyze program data facilitate finders with quarterly reports. Provide support to Teen Clinic with family planning, teen pregnancy prevention, HTV/STI education, HIV antibody pre -post test counseling and assist with special projects as required. (Page,-1 Of 1) ;1 I:rg ual jJJVMAIDSStreet Outreach Health Educator 1111' antibody pre post test counselor September, 1996 - July, 1997 Street Outreach to high -risk population. Collect/compile.dafa for.needs assessments, and quarterly -reports, network with other social service agencies,coordinate health fairs, and community awareness activities, supervise and train Teen-Pcer Educators. Collaborate and support all HED activities, assist in the determination o i;.; c and cultural appropriateness and the translation of HED materials. Hire -A -Youth, San Diego Consortium & Private lndustry Council 1551 Fourth Avenue, Strife 600, San Diego, CA 92101 Youth Employment Representative June, 1996 - September, 1996 Served as youth advocate to resolve/troubleshoot internship issues; assist youth in successfully seeking employment, Coordinate Career Fair and organize workshop for resume portfolio building, provide ideas and insights that youth implemented while seeking employment. Provide technical assistance to employers on evaluation of youth performance. San Diego Urban League Inc. 4261 Market Street, San Diego, CA 92102 Family Support Worker April, 1996 - October, 1996 Conduct home visitations as required to enhance parenting skills to individuals having difficulties implementing discipline to their children, or youths demonstrating problems in behaviors such as in school, family matters or with peers provide practical information related to children language, provide support to families in identifying and obtaining community resources. Modern Plastics Technology 675 Anita Street, Chula Vista, CA 91911 Aerospace Manufacturing Supervisor January, 1987 - August 1995 Supervise and assisted employees in the manufacturing of aerospace Tools & Dies, train new employees in the proper procedure of manufacturing, prepare tool orders, expedite jobs, and maintain tolerances and quality of the product, troubleshoot, screen individuals for possible hire, and maintain budget for fiscal year. Qualifications - > Multi -cultural Outreach > One on One Counseling ➢ State certified PRE -POST test Counselor ➢ HN/AIDS Education Certified > Moimo-lingual group presentations Skills ➢ 13 years experience as a supervisor ➢ 8 years experience in public relations ➢ Planning, Developmental &implementation skills Education 1984 1986 1987 1988 San Diego High School: San Diego, CA Comprehensive Training System- Chula Vista, CA San Diego City College: San Diego, CA Southwestern College: Bonita, CA re c n ces available .upon .request > Teen Pregnancy Prevention Education > Community Leader ➢ hombres con Palabra CtuuictthunE_ducation ➢ Facilitate 12 step program > State Community Care Licensing Certified > Excellent oral and written communication ➢ Microsoft Word, MS Work, Excel, E-mail > Proven record as a team player CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEET:NG DATE: January 10, 2012 AGENDA ITEM NO. 32 ?M TITLE: New Business — Review of BayView Tower's TUP for banner and advertising display located on the Ea.y`1 sr i c wer buiiding at 801 National City Boulevard. PREPARED BY: Armando Vergara PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighborhtpd Services Division APPROVED BY: l �%�%/(' Mayor and Council received a letter from Pacifica Companies providing a status report and update on the efficiency of the TUP banner display approved by City Council on January 25, 2011. This TUP expired on December 31, 2011 and Council Member Natividad is requesting extension of this past TUP approval. This extension request would be for Pacifica Companies to continue to display the BayView Tower Advertising Banner. The banner reads "Condos from 125,000 (619) 336-0303"measuring 8ft x 50ft in navy blue background and white lettering. The purpose of the banner is to draw prospective residential homebuyers through Pacifica's current sales program. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Pacifica Companies must re -apply for a new TUP extension to allow City Departments the review and recommendation process. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1) Letter from Pacifica Companies to Mayor & Council dated October 7, 2011. 2) History of TUP's and last noted recommendations, Neighborhood Services Division PACIFICA COMPANIE October 7, 2011 Honorable Mayor Morrison and City Council City of National City 1243 National City Boulevard National City, CA 91950-430 Re: BayView Tower Banner 6 month update Dear Mayor Morrison and members of the City Council: a(/)' Thank you once again for approving a Temporary Use Permit at the end of January for the advertising banner we display at the top of our BayView Tower Property. At the time of the approval, Councilmember Natividad requested a status report in 6 months. I am sorry for the delay in providing you with the report. Please accept my apology and this letter as an update on the status of the project and the efficacy of the banner. As you may remember, we requested the TUP for the banner because the sale of the units had been extremely slow. We are very happy to report that as a result of the approval you gave us, sales have picked up although they still need the boost afforded by the marketing value of the banner. The building contains 170 units. We have sold 105. We have 60 units which are rented, and 5 are currently vacant. Over the past 15 months we have sold over 35 units and rented 30 units. Unfortunately, only a few of the 35 sales took place in 2011 which relates to the importance of the banner. Potential buyers who visit oar sales office often cite the banner as their reason for coming. We feel strongly that without it our sales would suffer. We are truly grateful for your assistance. The Tower represents the best chance for homeownership for military and first-time homebuyers in the area and the sale of each unit and the associated property tax revenues stimulate the City's economy. We are proud of our National City projects and invite you to come and visit us anytime. We would love to have you. To arrange a visit or if you have questions, comments, or concerns, please don't hesitate to contact me any time: 619-851-1297 (cell). Again, thank you for your ongoing support. Sincerely, Allison Rolfe Director of Planning 1775 Hancock Street, Suite 200 • San Diego, CA 921 10 (619) 296-9000 • Fax (619) 296-9090 www.pacificahost.com • www.pacificacompanies.com 1 Neighborhood Services Division Bay View Towers Advertising Banners / TUP History 1) Class A TUP issued for display from 10/18/06 to 02/07/07 2) Class A TUP issued for display from 03/01/07 to 09/30/07 3) Class A TUP issued for display from 09/16/09 to 02/17/10 41 Class A TUP issued for display from 03/25/10 to 12/31/10 5) Class A TUP issued for display from 01/26/11 to 12/31/11 The first two TUP's were issued to a company known as Motivational Systems Inc for display at the Bayview Tower building located at 801 National City Blvd. The last three TUP's were issued to Pacifica Bayview LLC for display at the same location Bayview Tower building located at 801 National City Blvd. The following conditions have been noted on past TUP's from the City Attorneys Office and Development Services, just for FYI and discussion: CITY ATTORNEY The banner is not in compliance with the City's code requirements for signs (NCMC sections 18.62.100 and 18.62.170), which specifically addresses banners such as the one sought in this application. Our municipal code allows for banners that do not exceed 25 feet and do not exceed 60 days of posting. In addition, the City's temporary sign ordinance allows signs no greater than 50 square feet. Thus, the banner as proposed is not aiiowed pursuant to the Municipal Code. The TUP process is designed to allow uses, otherwise not allowed by the Municipal Code, for a temporary period of time. Temporary means that it is not permanent and is of limited duration. This current TUP application follows two prior requests, which were granted. Given the total length of time that the banner has been in place, it raises the quesiion as to whether this is really a temporary use. Moreover, the use of the TUP process for this type of banner, which is specifically addressed in the municipal code, is debatable. Allowing the banner to continue under a TUP for another long duration of time exceeds reasonable interpretations of temporary under the code, especially given the existing code provisions related to signs DEVELOPMENT SERVICES The proposed banner would violate the city's sign ordinance (Section 18.62.100) which provides for the height that the banner can be displayed and the length of time. The banner proposed does not meet the required height of 25 feet above ground and is proposed to exceed the 60-day time limitation. Additionally, the sign ordinance (Section 18.62.170) allows for temporary signs for sale of property provided that the sign is no greater than 50 square feet. Therefore, Planning cannot support the application since the proposed banner does not meet city standards and the ordinance does not provide for allowances beyond the limitations of the ordinance to be approved with a TUP. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT r LETING DATE: January 10, 2012 M TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for Public Assembly At the Olivewood Clubhouse located at 541 East 24th Street (Applicant San Diego County Building Trades Corporation) (Case File 2011-27 CUP) AGENDA ITEM NO. 33- N1'l. PREPARED BY: Martin Reeder, AICP DEPARTMENT: Development Svcs/Planning. PHONE: 336-4313 APPROVED BY: EXPLANATION: The applicant is proposing to use the Olivewood Clubhouse for public assembly uses, including banquets, parties, meetings, and educational training, in association with the San Diego County Building Trades Corporation, who owns the property. Events such as board meetings, resident meetings (from the adjacent apartment complex), and educational uses would be restricted to private attendance (owner and residents), while use of the building as a general meeting and/or banquet facility would be available for public attendees. All of these uses are generally considered under the umbrella of public assembly. Planning Commission conducted a public hearing on December 5, 2011. Commissioners asked questions regarding conditions of approval and parking. The Commission voted to approve the CUP based on required findings and subject to conditions of approval. The attached Planning Commission staff report is attached and describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: lFINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, DeLaPaz, Farias, Flores, Pruitt, Reynolds Absent: Baca ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 30-2011 4. Reduced Plans 0 D N 2101 RM-3 - East-24th St - 0 O 2303 2304 2313 r 2308 2321 2320 o - NNn w 2324 0 m A N O W O 0 O 0 RS-2 0 0 0 01 N 0 01 N co 2418 2430 2420 MXC-1 rn o 0 • Subject Parcel. — — — Zone Boundary I I I I Feet 0 80 160 320 APN: 560-370-09 Planning Commission Location Map 2011-27 CUP 11..1,7. 11. Title: Item no. 4 December 5, 2011 CI OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR PUBLIC ASSEMBLY AT THE OLIVEWOOD CLUBHOUSE LOCATED AT 541 EAST 24TH STREET. Case File No.: 2011-27 CUP Location: Northwest corner of 24th Street and F Avenue. Assessor's Parcel No: 560-370-09 Staff report by: Martin Reeder, AICP — Assistant Planner Applicant: Sharon Ramirez Property owner: San Diego County Building Trades Corporation Combined General Plan/ Zoning designation: Very High -Den. Multi -Unit Residential (RM-3) Parcel size: 0.40 acres Adjacent land use/zoning: North: National City Park Apartments / RM-3 East: Residential use across F Ave. / RM-3 South: Residential use across 24th St. / MXC-1 West: National City Park Apartments / RM-3 Environmental review: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) BACKGROUND Site Characteristics project site is an 18,200 square -foot lot developed with a 4,680 square -foot property has around 12 on -site parking spaces and is located in the Very High -Density Multi -Unit Residential (RM-3) zone. The site is the location of the Olivewood Clubhouse, a locally -designated historic structure, which forms part of the overall building on site. The most recent use of the property was as a Veterans of Foreign Wars (VFW) post, which closed in 2007. Proposed Use The applicant is proposing to use the Olivewood Clubhouse for public assembly uses, including banquets, parties, meetings, and educational training, in association with the San Diego County Building Trades Corporation, who owns the property. Events such as board meetings, resident meetings (from the adjacent apartment complex), and educational uses would be restricted to private attendance (owner and residents), while use of the building as a general meeting and/or banquet facility would be available for public attendees. All of these uses are generally considered under the umbrella of public assembly. Analysis Public Assembly uses are permitted in the RM-3 zone with the issuance of a Conditional Use Permit (CUP). Typical concerns with public assembly (e.g., churches, banquet facilities, etc) include parking, noise, and building occupancy. The original building was constructed in 1910. Subsequent building permits have been issued over the years, including a recent submittal for interior improvements and a storage room addition. Since purchasing the building, the applicants have worked with the National City Historical Society (NCHS) regarding work done to the original building. Proposed materials used for the roof, exterior walls, and windows have been approved by the NCHS. The building has historically been used for public assembly uses and is as such not expected to unduly affect the use of nearby properties. In addition, the property that flanks the subject parcel to the north and west is owned by the same property owner as the project proponent. The on -site parking requirement for public assembly use is 1 space per 35 square feet of seating area. Project plans show a seating area (community room) of approximately 1,350 square feet, necessitating 38 parking spaces where the lot has only 12 space3. As previously mentioned, the building was designed, built, and has been used as a public assembly facility; therefore, the property is considered to be non -conforming with regard to parking. Seeing as there is no change in use, additional parking is not required. Furthermore, no increase in parking is triggered by the addition of the storage room, as the room is only accessible from the exterior and is considered an accessory use. There is also room for vehicle parking off -site on F Avenue, adjacent to the property. Plans submitted with this application show 12 on -site parking spaces, including a handicap -accessible space. The plans also show a `future storage' building located in the northwest corner of the parking lot, an area which would allow for an additional two parking spaces. Seeing as the lot is under -parked by today's standards, it is suggested that the whole parking lot area be dedicated to parking spaces, not storage buildings. A Condition of Approval has been added in this regard. Department Comments Comments were received from the Building Division and the Fire Department. The comments are included as Conditions of Approval and require permits for all work and compliance with all applicable codes. Specific conditions related to fire suppression and emergency egress/ingress are also part of these comments. Other conditions include the addition of doors and a roof to the trash enclosure, and the prohibition of alcohol sales/consumption/distribution on site without appropriate permissions. Summary The proposed use of the property as a public assembly facility is consistent with the Land Use Code with the approval of a Conditional Use Permit and the predominant historical use at this location. The potential impacts are minimal since the site is within an existing building designated for such use and parking is available on -site and on adjacent city streets. In addition, the use will provide for public and private meeting space. °ENDATION Approve 20 1-27 CUP subject to the conditions listed below, based on attached findings. .TS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Public Hearing Notice (Sent to 19 property owners) 5. Site Photos 6. Department comments 7. Exhibit A, Case File No. 2011-27 CUP, dated 10/13/2011 MARTIN REEDER, AICP Assistant Planner RECOMMENDED FINDINGS FOR APPROVAL 2011-27 CUP, 541 East 24th St. 1. That the site for the proposed use is adequate in size and shape, since the n'lposed use will be within an existing building and since no expansion of the wilding is proposed. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume of traffic generated by the proposed use, since the site was developed for and has been historically been used for public assembly use, and since the proposed use involves no expansion. 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 a public assembly use, which is permitted in the RM-3 zone. That the proposed use is deemed essential and desirable to the public convenience, since it will provide for public assembly space for area residents. RECOMMENDED CONDITIONS OF APPROVAL 2011-27 CUP, 541 East 24th St. Ge:' ,itiunal Use Permit authorizes public assembly at 541 East 24th St. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2011-27 CUP, dated 10/13/2011. 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 City Manager or designee prior to recordation. 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. Building 4. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 5. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 6. The kitchen shall be evaluated for a Hood Suppression System. If required, the hood suppression system shall be alarmed and monitored. 7. The current ventilation hood shall be evaluated by the National City Building Department for compliance with applicable codes. 8. Panic hardware shall be required for all exit doors. 9. Exit lights shall be required for all exits. Exit lights shall have bug -eye style lights that activate during loss of power. A 90 minute battery back-up is required. 10. Fire extinguishers will be required. Please contact the National City Fire Department for field placement. 11.A Knox Box for the storage of facility keys for emergency after hours entrance is required. Please contact the National City Fire Department for application and field placement. 12.The structure shall be evaluated for fire sprinkler and fire alarm protection due to the ,4u.gt of occupancy. 13. Plans shall be directly submitted to the National City Fire Department through permit and payment. Please contact the National City Fire Department for assistance. Planning 14.This approval does not include the sale, consumption, or distribution of alcohol products in association with any public or private events. No such use is permitted without modification of this Conditional Use Permit or unless appropriate short-term alcohol sales permits are procured from the Department of Alcoholic Beverage Control (ABC). 15. The parking lot shall be kept free and clear of any accessory structures and shall be striped for the maximum number of parking spaces possible. A parking lot striping plan shall be approved by the Planning Division as part of the building permit process. 16. A door and cover shall be installed on the trash enclosure consistent with City requirements. CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2011-27 CUP Project Location: 541 East 24th Street, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for public assembly use within an existing community building on a property historically used for such assembly use. Applicant: Sharon Ramirez 2323 D Avenue National City, CA 91950 Exempt Status: Telephone Number: (619) 477-3114 Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the facility will not result in the expansion of a previously existing use. The facility will operate within an existing building without the need for expansion or intensification of use. Date: MARTIN REEDER, AICP Assistant Planner CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR PUBLIC ASSEMBLY AT THE OLIVEWOOD CLUBHOUSE LOCATED AT 541 EAST 24TH STREET. CASE FILE NO.: 2011-27 CUP APN: 560-370-09 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, December 5, 2011, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Sharon Ramirez) The applicant is proposing to use the Olivewood Clubhouse for public assembly uses, including banquets, parties, and meetings, in association with the San Diego County Building Trades Corporation, who owns the property. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., December 5, 2011, who can be contacted at 619-336-4310 or planninq c(Dnationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION Development Services Director 2011-27 CUP —541 East 24th Street. — Olivewood Clubhouse — Site Photos Olivewood Clubhouse looking northeast Parking lot looking north East side of property facing north IdVcf r4-an 1S.r u CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 October 26, 2011 To: Planning Division From: Luis Sainz, Building Division Subject: Response to Case File No: 2011-27 CUP Plans must be drawn to the 2010 California Building, Mechanical, Electrical, Plumbing and Fire Codes. The main change will be the implementation of a sprinkler system due to the change of occupancy use from a meeting room to a public assembly, banquet hall and/or party room. City of National City Fire Department NOM City Phone (619) 336-4550`daar,° eglitfiNIA. Planning Department Plan Review Date: Project: Reviews: October 31, 2011 541 East 24th Street Olivcwood Clubhouse R. Hernandez/Fire Marshal Listed plan corrections related to the National City Fire Department. If you have any questions please call (619) 336-4550. Please be advised: A fire Department permit will not be issued unless all corrections are completed and approved. 1) Project shall be built to code 2) The National City Fire Department utilizes all current codes and ordinances. At time of submittal, the National City Fire Department is using the 2010 edition of the California Fire Code and the 2010 edition of NFPA 3) Kitchen shall be evaluated for Hood Suppression System per code 4) Hood suppression system shall be alarmed and monitored per code 5) Current ventilation hood shall be evaluated by the National City Building Department for compliance 6) Panic hardware shall be required for all exit doors per code light shall be required for all exits per code. Exit lights shall have bug -eye style ii;:.i,ts to be deployed during loss of power. A 90 minute battery hack -up is required per code stinguishers shall be required per code. Please contact the National City Fire „aent for field placement 9) A Knox Box to provide keys to facility for emergency after hour's entrance is required. Please contact the National City Fire Department for application and field placement 10) Plans shall be directly submitted to the National City Fire Department through permit and payment. Please contact the National City Fire Department for assistance 11) Structure shall be evaluated for fire sprinkler and fire alarm protection due to change of occupancy Note: Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances V9croe t c__ ve,y cx- RESOLUTION NO. 30-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR PUBLIC ASSEMBLY AT THE OLIVEWOOD CLUBHOUSE LOCATED AT 541 EAST 24TH STREET. CASE FILE NO. 2011-27 CUP APN: 560-370-09 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for public assembly at the Olivewood Clubhouse located at 541 East 24th Street at a duly advertised public hearing held on December 5, 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. 2011-27 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 December 5, 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. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume of traffic generated by the proposed use, since the site was developed for and has been historically been used for public assembly use, and since the proposed use involves no expansion. 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 a public assembly use, which is permitted in the RM-3 zone. That the proposed use is deemed essential and desirable to the public convenience, since it will provide for public assembly space for area residents. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: .-r c:ral 1. This Conditional Use Permit authorizes public assembly at 541 East 24`h St. Except as required by conditions of approval, all plans submitted for permits associated with the nroier shall conform to Exhibit A, Case File No. 2011-27 CUP, dated 10/13/2011. 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 City Manager or designee prior to recordation. 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. Building 4. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 5. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 6. The kitchen shall be evaluated for a Hood Suppression System. If required, the hood suppression system shall be alarmed and monitored. 7. The current ventilation hood shall be evaluated by the National City Building Department for compliance with applicable codes. 8. Panic hardware shall be required for all exit doors. 9. Exit lights shall be required for all exits. Exit lights shall have bug -eye style lights that activate during loss of power. A 90 minute battery back-up is required. 10. Fire extinguishers will be required. Please contact the National City Fire Department for field placement. 11.A Knox Box for the storage of facility keys for emergency after hours entrance is required. Please contact the National City Fire Department for application and field placement. 12. The structure shall be evaluated for fire sprinkler and fire alarm protection due to the change of occupancy. 13. Plans shall be directly submitted to the National City Fire Department through permit and payment. Please contact the National City Fire Department for assistance. Planning 14. This approval does not include the sale, consumption, or distribution of alcohol products in association with any public or private events. No such use is permitted wits Ic—: modification of this Conditional Use Permit or unless appropriate short-term alcohol sales permits are procured from the Department of Alcoholic Beverage Control (ABC). 15. The parking lot shall be kept free and clear of any accessory structures and shall be striped for the maximum number of parking spaces possible. A parking lot striping plan shall be approved by the Planning Division as part of the building permit process. 16.A door and cover shall be installed on the trash enclosure consistent with City requirements. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 5, 2011, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Pruitt, Reynolds, Flores NAYS: ABSENT: Baca ABSTAIN: CHAIRMAN MAINTENANCE BEER Isi,c TS.T.S:ENCLOS.SE EY'.SRN° PINE TREE EXHIBIT A CASE FILE NO 2011-27 CUP DATE. 10/132011 EXISTING DLI GIEST P*RKING LOT 2.OXIBPAR(IN4$PAGE$ F AVENUE srvlGry RRIUE SSFS. u.r.lww m re TT. EAST 24TH STREET ACCESSIBLE RAMP ASSESSIBI E SIGN ASEESSIBL.- NTALL woou +AGMs.irvcrat R0R0.080,"Lia Td LONDRI�WwLcEsala A'!' W ays P414I91 moo BOMBE* RMsa.1REE@M1y MLE NWIR BlsgnuN BYER 4an. eO woo.siMr. NBIE PNRM ROM /9BILMIf,AEO fr. .RSF'W LT Fox EYFf.. nT on SITE PLAN / ?Qor PLAI BUILDING00114NCV/ BASE ALLOWABLE ABER CONSTRUCTION 0.R.0 TARLE SGi COMMVNIiT 400M1 gCONST �TPE VR tOE05i 61]i5pO9F�13"JRY SITE PRE. -.TAL BUILDING AR,. AFE} OF SCOPE OF GIORF: w1EPNAL E%'ERNAL (21'NINDON51 14,200 SF 4 fa) 5:1 81 1C0 SF -HS PROJECT SHALL COMPLY wITH THE FOLLOW.NC CCUES THE EN) EDToN OF THE EFL FORNIA BUILDING CODE ,CB. INLCUDING. PART 8 - HIS'02"CAL 1141ILOIN8 CODE F .4' J. EXISTING RUIIDING CODE THE 21:1) Ell ION OF THE CALIFORNIA ELECTRIC4'- CODE (CECI THE ELID EDI-I OR OF THE C*LIF0RNIA KECH0NICA- CODE (CMG) THE .1) EDITION OF THE CALIFORNIA 2LUMBING CODE'CPUI THE 2010 EOITCN Of THE CAL IFORNIA TIRE CGCE (CFG) THE 3 .0 EDITIC, OF THE CALIFORNIA GREEN SUIID ). 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'----•,,.., --------' , ----r 1 TeMno cap, Inc. nimmre& PlennIng vor,aitenodelimoom 6•1 San 0k3* 0491181 619.7.1.3.3.0E 8011101 0,1143 TO.. daanansaaenn Owner: AFL/CIO Building Trnda. Corp UV 0 A•leue alan92200 National City. CA AprIl 22, 2011 ReiNion. June 14 2011 -PCI 10 2011- PC2 Omber 3.2011 -CUP FLOOR PLAN FLOOR PLAN 1 1 A-2 WATER SUPPLY DIAGRAM a M ammo mraraE TW ILei M:T�F n 1 • n:n uryr_nr�.0 .ter ti.��, rnT�s� MMMIMMEMINIMIM ..M1 rMrir nm a•��r. m-vv 2 oao:n rme ^i occunwc nss6uev asounss' MA NTENANCE RM 01 CLG .,wl! .,,G� ,. [ u.rI,.r. Kevnn I- KITe°CHcEN Lc. II QQ. STORAGE aI CLG J WORK ROOM e ° CLG STORAGE � VL4. E%'..STING CRAIN E. WASTE PLAN STORAGE ROOM e- CLc. 0 PROPOSED DRAW 8WASTE PLAN WORK ROOM E CLG. NY,� M_N rn B�G II/ is WOMEN 6`- CLG. STORAGE 7/ e cLG YAL' 6 CLG. STOR 02.6 STOR dTc_n COMMUNITY ROOM 160 CLG SERVING 00 CLO. PORCH e Lc Teltaoo Deilge, Inc. ArtAlleaure! Plrnnlnp ,rxn.rrlYnMerlgn,ra6 1 El Br any, Sto 6E4 Sara Dlege, CA 92101 619.11Li01 Arehlr,ea. 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Cul N, KITCHEN STORAGE -.7' WORK ROOM 80 HLG ,T,`,11•Y r L _ HALL SECTION A -A STORAGE 8° G. WORK ROOM a co. °GENE/NEC,' scuson oo,,nxr; C4N,01.5 AND CEILING INGENNEE $13313 3137331E3 30 LIE INSTEL.E0 PER .10 °CC secncoe 1,1 1. STORAGE cLG HALL 81 CLG COMMUNITY ROOM 160 CLG. PORCH 000.0 LOBBY CLG ' , ,,.• D1V-/ - — \ . =XS,' Ts ileum Detign, roc. Ststiteeturt de Planning eetentlattanotteeignmen) 1S8 Proade.ey, Ste 624 San Olego. 93101 61,33.3001 kral11.1: ralUot 111....1.1.04aM Owner, P.FL/C10 &akin. Trodes Corp April 22, 2011 RevIsloni June 14 2011 - PC1 July 10 2011 - PC2 October 3, 2011 - CUP ELECTRICAL, STRUCTUAL ADDITION, & SECTIONS FLOOR PLAN_Ll A-2.2 --.., - ---_, '''.---='' r ---d---d-- -11—U •-, D-1 1- 1-0 41— N 1F '•- ..,,„, .....,.., ,.., ''..` ---------.„ --- ,--, ----'''-----,----_, ,,--........ —1— -1-- --II * ' ' _ , ...,.. 77r1 ____ .. •,..._ . ,. „„____ , , , -- — -,"" — - — EAST ELEVATION 14 TYPICAL WINDOW INSTALLATION 5 ._ I SCOPE OF EXTERNAL WORK --- , --- WINDOW REPLACEMENT AND ' SIDING REPAIR ON HISTORIC _ J—b— u II—d-1 ._-_-1---t• ,,.• I PORTION OF STRUCTURE ---- WEST ELEVATION 3 , -------- -• ' ____,-....._, _,.. „, , ADDRESS NUMBERS ....".'N..",.."0 .,- ---• „,., :27,!...m —I,—b---. N - DECORNTIVE COLUMNS ...Wm. nw. , ,L,, .,...--- ----- ---n- w -- Mg... liwn..... nwrma...w, no ------.-----,--- •w ._ -= =_ k - - -7-7, I NORTH ELEVATION 12 SOUTH ELEVATION' 1 Tailtoo Desk, Inc. A92h41ecIvre 10 Platolog wyrnAtittodeeigttom 120 Bros.., Stt 624 Sac Diego, CA 97101 410113.5101 Architect Demo 7,11zoa earchtAcclhaetntic.643 Owner: AFL/CIO Building Trades Corp 2066.2 209.03 91•51 ccoccr toacotse April 22, 2011 Revinlon. Jane 14 1011 PCI Jody 10 2011- PC2 antler 3, 2011 • CUP LEVATIONS A-3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ME,'.-:TING DATE: January 10, 2012 AGENDA ITEM NO. 34 M TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for Live Entertainment at McDini's Bar/Restaurant, located at 105 East 8th St., with a Zone Variance for less than required parking iAnnlicant: Benny Adler) (Case File 2010-33 CUP, Z) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Dev pm rt Svcs/Planning. PHONE: 336-4313 APPROVED BY: EXPLANATION: The applicant is requesting to offer live entertainment and dancing from 6 p.m. to 1 a.m. Thursday through Sunday in association with the existing bar/restaurant. The request also includes the construction of a 120 square -foot stage and 180 square -foot dance area. There is currently a stipulated judgment in effect prohibiting such activities. Should the CUP be approved, the applicant would still need to remedy this. The applicant also wishes to legitimize the previous conversion of a storage area within the building that increased the dining area by approximately 835 square feet. The applicant is requesting a Variance to the parking requirements for the additional floor area being added to the business; no additional parking spaces are proposed. Planning Commission conducted a public hearing on December 5, 2011. Commissioners asked questions regarding conditions of approval, parking, and proposed entertainment. Two speakers, formerly opposed to the project, spoke in support of the proposal. The Commission voted to approve the CUP based on required findings and subject to conditions of approval. attached Planning Commission staff report is attached and describes the proposal in detail. 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's recommendation to Planning Commission was to deny the Conditional Use Permit and to approve the Zone Variance.. BOARD 1 COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit and Zone Variance. Ayes: Alvarado, DeLaPaz, Farias, Flores, Pruitt, Reynolds Absent: Baca ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 29-2011 4. Reduced Plans gp1 Project Location — — Zone Boundary -- • • • • 1 - 11 \ - \ \c,� \ c3� \ (D �= ; \` Na \->\ 9 • - • 0 1 woo • 10 75 150 !Feet 300 105 E 8th Street N: 556-332-20 Planning Commission Location Map 2010-33 CUP 10.26.1 Title: Item no. 4 November 7, 2011 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT AND ZONE VARIANCE FOR LESS THAN REQUIRED PARKING AT AN EXISTING BAR/RESTAURANT AT 105 E. 8TH STREET. Case File No.: 2010-33 CUP Location: Southwest corner of East 8th Street and A Avenue Assessor's Parcel No.: 556-332-20 Staff report by: Martin Reeder, AICP Applicant: Benny Adler Property owners: Adler Howard Trust Combined General Plan/ Zoning designation: Downtown Specific Plan - Development Zone 9 Parcel size: 0.15 acres Adjacent land use/zoning: North: Commercial / DSP-8 East: Commercial / DSP-9 South: Commercial (Big Ben Market) across East 8th St./ DSP- 9 West: Commercial / DSP-4 Environmental review: Categorical exemption pursuant to Section 15301 (a) Existing Facilities — No exterior expansion is proposed. BACKGROUND Site characteristics Ti .a ;;;; site is a 6,548 square -foot lot on the southwest corner of East 8th Street and A jwntown Specific Plan - Development Zone 9. The lot is developed with a 6,000 square -foot single -story building that houses McDini's restaurant/bar. The lot directly to the north on A Avenue functions as the parking lot for McDini's and has 24 parking spaces. Both lots are owned by the project proponents. The applicant has stated that the current owner took over management of McDini's in July of 2008. McDini's operates under a Type 47 alcohol license (On -Sale General Eating Place). History A previous Conditional Use Permit (CUP-1986-10) was approved in October of 1986 that extended alcohol sales hours until 2 a.m. and allowed for live entertainment three days a week (Thursday through Saturday) until midnight. Another CUP was partially approved in 2009 (2009-10 CUP). As part of this permit, the applicant requested to extend the live entertainment hours allowed at that time, and to allow for a dance floor and stage to be constructed. The request also included the conversion of a storage area in to seating area, which had been converted without permits. The expansion/conversion also included an exception for less than required parking. The Planning Commission approved the requested expansion and parking exception but denied the extension of live entertainment hours. The required paperwork that the applicant needed to file in order to make the partial approval official was never processed; therefore, the permit expired one year later as it was not exercised. Since the last CUP, the City pursued nuisance abatement against McDini's due to ongoing code enforcement issues and the high volume of calls for service from the Police Department. Since the last CUP, a stipulated judgment was entered into between the City and McDini's, which allowed McDini's to continue operating provided that live entertainment was no longer conducted and that all outstanding code enforcement and building issues were resolved. McDini's has since satisfied all requirements of the Building Division and Fire Department, although the use is not consistent with parking requirements — the exception approving Tess than required parking for the expansion was never formalized. Proposed use The applicant is requesting to offer live entertainment and dancing from 6 p.m. 1 3.;7,. Thursday through Sunday in association with the existing bar/restaurant. The request also includes the construction of a 6-foot by 20-foot stage, with a 9-foot by 20-foot dance area for the live entertainment. In addition, the applicant is requesting to legitimize the previous conversion of a storage area within the building that increased the dining area by approximately 835 square feet. The converted area has 28 additional seats in seven four -person booths. The applicant is requesting an exception to the parking requirements for the additional floor area being added to the business; no additional parking spaces are proposed. No plans were Analysis The City's Land Use Code requires a CUP for live entertainment in excess of one performer and for dancing. The applicant has indicated their desire to change the style of McDini's to more of a dinner and entertainment venue rather than a bar. As a result, they indicate that more floor area is needed. The original CUP was based on a total of 4,885 square feet of usable floor area (not including kitchens, restrooms or storage). The converted storage area increased this amount to 5,720 square feet. Parking and Traffic The additional floor area to be added would accommodate 28 additional seats. Based on parking standards in the Land Use Code, a restaurant, nightclub, bar, etc would require a minimum of ten parking spaces for each 1,000 square feet of floor area. This equates to the need for at least 65 parking spaces where only 24 are provided. The 835 square -foot additional area would require at least eight parking spaces in and of itself. According to the applicant, as there is no additional space on either of the owners' two properties to locate additional parking, none can be provided. There is street parking available adjacent to the business with seven angled parking spaces on A Avenue and 40 feet along 8th Street that is available for parking (approximately 9 spaces in total). Since additional on -site parking is unavailable, the applicant is asking for a variance to the requirement for additional parking. According to SANDAG data, sit-down restaurants generate approximately three average daily trips (ADT) per seat. The addition of 28 seats could therefore generate an additional 84 ADT. Although 8th Street is classified as an arterial street in the Circulation Element of the General Plan and can most likely handle the additional capacity. Since much of the demand for parking would occur in the evening hours when other retail businesses are closed, there would be more available street parking during the hours the bar/restaurant is open. However, additional parking on the street may overflow into the surrounding neighborhoods. Comments were received from the Police Department and Institute for Public Strategies (IPS). Both the PD and IPS have stated their opposition to live entertainment due to ongoing concerns over the number of calls for service and a potential increase of negative impacts on the nearby community. Palk y Department PD has stated that they are not in support of this application for the reinstated live entertainment, dancing, or the construction of a stage at McDini's. PD cited concerns •)r service to similar establishments in the City, including Trophy Lounge and Sports Lounge. PD provided a list of 104 calls for service to McDini's between October 27, 2009 and October 27, 2011 (list attached). It should be noted that there were only 109 calls for service to this location in the 5 1/2 years preceding this recent two-year time period. Therefore, the 104 calls in the last two years is an increase of 260%. Institute for Public Strategies In an e-mail to staff, IPS has cited that the area surrounding McDini's has a high concentration of drunk in public occurrences. They also cited the distance to nearby residential properties (10 feet). The e-mail and referenced map are attached. It should be noted that in the event of Planning Commission and City Council approval of this Conditional Use Permit, there is still the issue of the stipulated judgment, which specifically prohibits the activities that are part of this CUP. Therefore, the judgment would have to be rescinded prior this CUP becoming active. Condition of Approval number 2 prohibits any live entertainment, dancing, or construction of any stage or dancing until the stipulated judgment has been rescinded or modified appropriately so as to allow for such activities. Public Comment One letter of concern was received during the noticing period. The letter was from residents of Brick Row who raised concerns over noise and other problems associated with McDini's. The comments are attached within. Summary The business owners have recently remodeled McDini's, including both interior and exterior improvements. In order to become more of an entertainment venue, they wish to offer live entertainment and dancing. The addition of more seating would result in increased clientele and an increase in demand for parking. Additional concerns, cited by both the Police Department and the Institute for Public Strategies, regarding the increase in patrons includes the potential of additional calls for police service. If approved, Conditions of Approval are included to alleviate potential deleterious effects. Due to the increasing number of police calls for service and the potential of increased levels of disturbance due to the expansion, the increased demand for parking which may overflow into residential areas, and concerns of noise levels voiced by the Police Department and the Institute for Public Strategies, staff does not support the current CUP. RECOMMENDATION Deny 2010-33 CUP based on the attached finding/findings to be determined by the Planning Commission; or 2. Approve 2010-33 CUP subject to the conditions listed below, based on attached findings; or 3. Continue the public hearing to a specific date. ATTACHMENTS 1. Recommended Findings for Denial/Approval 2. Recommended Conditions 2. Location Map 3. Police Beat Map 4. Department & Agency comments 5. Notice of Exemption 6. Public Hearing Notice (Sent to 103 property owners and occupants) 7. Public comments 8. Applicants' summary of activities 9. Applicant's Plans (Exhibit A, Case File No. 2010-33 CUP, dated 9/1/2011) MARTIN REEDER, AICP MARYAM B Assistant Planner Development Services Director RECOMMENDED FINDINGS FOR DENIAL OF THE CONDITIONAL USE PERMIT 2010-33 CUP — McDini's Live Entertainment the proposed use will have an adverse effect upon adjacent or abutting Lies, since the business has generated over 200 calls for service in the last seven and a half years, complaints have been received from neighboring residents regarding noise levels and public disturbance from patrons of the business, and since the extension of existing live entertainment hours at this venue would increase the number of persons attending the bar/restaurant, which may generate additional calls for service. 2. That the filing of a nuisance abatement by the City against the subject operator has demonstrated a consistent lack of adequate control over patrons of the business, and that calls for service has increased faster than the period previously analyzed during the same CUP process two years ago. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2010-33 CUP — McDini's Live Entertainment 1. That the site for the proposed use is adequate in size and shape, since the addition of 835 square feet would be inside the existing building envelope and the extension of live entertainment hours and the addition of dancing would occur inside the exisf,ng building. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the subsequent 84 additional average daily trips can easily be accommodated by 8th Street, an arterial street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the live entertainment and dancing activities would occur inside an existing building previously devoted to similar uses. Also, conditions of approval controlling said activities on site will reduce any potential for adverse effects. RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 2010-33 CUP — McDini's Live Entertainment 1 P- 'ce of special circumstances applicable to the property, including size and surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the property is completely developed and cannot be modified to construct additional parking, and since the building is not being expanded beyond the existing envelope within which the expansion is proposed. 2. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since there are multiple businesses in the Downtown Specific Plan Area that have less than required parking or no parking in some cases, and since the majority of area businesses are closed in the evenings when the majority of the subject property's patrons are in attendance, thus making nearby street parking spaces available. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the existing bar/restaurant use is permitted in Downtown Specific Plan Development Zone 9. RECOMMENDED CONDITIONS OF APPROVAL General 1 anditional Use Permit authorizes an approximately 835 square -foot interior '.vc entertainment and dancing from 6 p.m. to 1 a.m. Thursday through Sunday, and the construction of a 6-foot by 20-foot stage, with a 9-foot by 20-foot dance area for the live entertainment. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2010-33 CUP, dated 9/1/2011. 2. No live entertainment, dancing, or construction of any stage or dancing area may commence until the stipulated judgment has been rescinded or modified appropriately so as to allow for such activities. 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. 5. 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. 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 Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 7. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 8. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 9. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 10. Live entertainment shall be limited to between the hours of 6 p.m. to 1 a.m. Thursday rhroJyr, 6unday. 11. All operations and activities, including live entertainment, shall comply with Title 12 (Noise Control) of the National City Municipal Code. 12. All doors shall remain closed during any and all live entertainment events. 13. A uniformed professional guard service shall be hired and on the premises between the hours of 6:00 p.m. and 2:00 a.m. on all nights live entertainment is provided. The guard service shall patrol the outside of the premises as well as the inside, and shall prevent any loitering and/or undesirable activity in the parking lot. 14. The Conditional Use Permit shall be subject to revocation by the Planning Commission if the Chief of Police determines that the reinstatement of live entertainment has resulted in, or significantly contributed to a ten (10) percent increase in the demand for police services during the hours from 5:00 p.m. to 3:00 a.m. The demand for police services and police enforcement activities in this immediate area will be reviewed quarterly. 15. The Conditional Use Permit shall be subject to review by the Planning Commission one year from the date of the Resolution approving said permit. 16. The premises and parking lot shall be maintained and adequate lighting provided at the entrances, exits and the parking lot during hours of operation. The parking lot lighting shall be shielded and shall not overflow to adjacent properties. Graffiti shall be removed within 72 hours. 17. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on or in front of the premises. 18. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not Tess than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 19. A video surveillance system shall be installed to monitor activity throughout the project site. Details for the system shall be shown on building permit (tenant improvement) plans and shall be reviewed by and be acceptable to the Police Department. 20. The property shall have a dumpster on site, which shall have a locking cover and gate. Details for the dumpster shall be shown on building plans. Police shall comply with all regulatory provisions of the Business and Professions at pertain to the sale, display and marketing or merchandising of alcoholic beN. rages or to live entertainment. States Naval Station,... , fir,, v dd P)'i9D� 2006 M,rrosolt Co43oration antllorAs sud Phers� 11 ngl5ts reseraeif;Purtlons© .990=20D51httallShield 8elwarOZar Otation. Al l rights reel n n hnddirrettiglaatra N-i 2005 NAVTEQ. All rights resorted NAU�„„,,Q,'rantl NAVIEQ ON 6OAR[9jare.t*Ielnlarks of.AYSEQ'b 2005 Tele Atlas NonhArn4a, 10Allas and tele Atlas North America_ are tra00,rarks'b(pT:elle'0tI S City of National City Beat 20 Source: Microsoft Mappoint NCPD CAU, 4/18/07 National City Police Department Total Response Time Report Thursday, October 29, 2009 Start Date = 10127/2009 End Date =10/27/201 Day All Address = 105 E 08TH ST Hours = 00 thru 23 Beat = All All Calls Problem = All Priority = All LSquad = All Incident Number Location Prlortty Problem 1st Keystroke 2009102941110 .. 105 E OBTH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELFINITIATED/OTHER EXTRA PATROL REQUEST " 01:07:02 Totals for 10/29/2009: Friday, October 30, 2009 Incident Number I Location 2009103041234 Totals for 10/30/2009: Sunday, November 1, 2009 Incident Number 1 Location 1 Incident >rrivai Resp. Time 01:07:02 0:00:00 Average Response Time: 0:00:00 105 E.08TH ST, NATIONAL CITY; CAiNICDtNIS. RESTAURAN 1 Incident Priority P5 SELF:<INITIATED'/QTNER Priority Problem 1st Keystroke EXTRA PATROL REQUEST'.; 01:37 30 Problem ist Arrival 01:37.30 Resp. Time 0i00:00 Average Response Time: 0:00:00 1st Keystroke 1st Arrival Resp, Time 2009110141525 105 E 08tt St; NATIONAL CITY, CA/MCDINIS RESTAURANT_; Totals for 11/1/2009: 1 Incident Saturday, November 7, 2009 Incident Number I2009110742430 Totals for 11/7/2009: 1 Incident Sunday, November 8, 2009 Location 105 E 08TH ,ST, NATIONAL CITY, CA/MCDINIS RESTAURAN Incident Number Location P4 NON -URGENT, ,:_ Priority P5:SELF-INITIATEDIOi HER 415 NOISE Problem SELF INITIATED Priority Problem 00:11.15 00:11:15 O'59:50 Average Response Time: 0:59:50 lst Keystroke ,,: 23:09.54, 1st Arrival 23:09:54 Resp. Time 0:00:00 Average Response Time: 0:00:00 1st Keystroke 2009110842454 105E 08TH ST, NATIONAL CITY, CAIMCDINIS RESTAURAN Totals for 11/8/2009: Wednesday, November 11, 2009 Incident Number Location 1 Incident P5 SELF-INITIATED/OTHER SELF; INITIATED;.; Priority Problem 01:32:47 .; 1st Arrival Resp. Time 01:32:47 0:00:00 Average Response Time: 0:00:00 1st Keystroke 1st Arrival Resp. Time 2009111142946 105 E 06TH.ST, NATIONAL CITY, CAIMCDINIS RESTAURAN Totals for 11/11 2009: 1 Incident Friday, November 13, 2009 P5 SELF-INITIATEAIOTHER EXTRA PATROL REQUEST 23:55:34 23;55 34 j 0:00:00 Average Response Time: 0:00:00 Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2009111343266 105 E 08TH ST, NATIONAL CITY, CAMCDINIS RESTAURAN P5 SELF-INITIATED/OTHER 11-86 SPECIAL DETAIL 22:18:28 22:18:28 0:00:00 2009111343280 105;E:08TH ST NATIONAL CITY; CA/MCDINIS RESTAURAN . ' P5,SELF-INITIATE,DIOTHER;, SELF INITIATED 23:36:45: , 23:36:45 0:00:00 Totals for 11/13/2009: 2 Incidents Average Response Time: 0:00:00 Report: rptTotal._Response_Time -- Printed: 10/27/2011 5:05 pn Page 1 of 12 National City Police Department Total Response Time Report Start Date=10/2712009 End Date=10/2712011 Hours = 00 thru 23 Beat. All Day = All Address = 105E 08TH ST All Calls Problem = All Priority = All Squad = All Incident Number Location Priority Problem 1st Keystroke 1st t,rival Resp. Time 2009111443295 105 E 08TH ST, NATIONAL CITY, CAlMCDINIS RESTAURAN P5 SELF-INITIATED/OTHER 1 EXTRA PATROL REQUEST 01:30 03 01:30:03 0:00:00 200911.1443405 105,E 08TH ST, NATIONAL CITY, CA/MCDINIS+RESTAURAN_ P5 SELF-INITIATED/OTHER,- .;-.: BAR :CHECK. - ... 23:31.06 23:31:06 0:00:00 Totals for 11/14/2009: Sunday, November 15, 2009 Incident Number Location 2 Incidents verage Priority Problem 1st Keystroke 1st Arrival Resp. Time 2009111543412 105 E 08TH ST, NATIONAL CITY, CAMCD1NI5 RESTAURAN Totals for 11/15/2009: Thursday, November 19, 2009 Incident Number Location 2009111.943909 1 Incident 105 E 08TH ST, NATIONAL CITY, CNMCDINIS;f ESTAURAN Totals for 11 /19/2009: Sunday, November 22, 2009 Location Incident Number 20.09112244282 1 Incident PS:SELF INITIA-EDIOTHRR:,__ Priority PS-SELF-INETIATED/Oi1-1ER 1' BAR CHECK , :.... Problem SELF INITIATED 01:01:55 01:01:55 0:00:00 Average Response Time: 0:00:00 1st Keystroke 01:30:36 1st Arrival 01:30:36 Resp. Time j 0.00.00 Average Response Time: 0:00:00 105E:O8TH ST, NATIONAL CITY; CAIMCDINIS!RESTAURAN Totals for 11/22 2009: Saturday, November 28, 2009 Incident Number Location 1 incident Priority P5SELF-INITIATEDIO,T.HER, I Problem SELF INITIATED' 1st Keystroke 01:14:52;' 1st Arrival 01:14:52 Resp. Time 0:00:00 Average Response Time: 0:00:00 Priority Problem 1st Keystroke 1st Arrival Resp. Time 2009112845167 : I,105 E 08th St, NATIONAL CITY „CA/MCDINIS RESTAURANT 1 Incident Totals for 11/28/2009: P4 NON-U.RO.EN 415 MUSIC 22:38:05 22:38:05 1:06:02 Average Response Time: 1:06:02 Incident Number Location Priority ,Problem 1st Keystroke 1st Arrival ) Resp. Time 2009112945184 , -105 E 08TH ST, NATIONAL CITY, CAMCDINIS RESTAURAN P5 SELF-INITIATED/OTHER EXTRA PATROL REQUEST-. 01:35:16 01:35:16 0:00:00 Totals for 11/29/2009: Saturday, December 5, 2009 Incident Number Location 1 Incident Priority Problem 0 00 verage Response Tame: :: 1st Keystroke 1st Arrival Resp. Time 2009120546084 105 E 08th St, NATIONAL CITY, CAIMCDINIS;RESTAURANT Totals for 12/5/2009: 1 Incident P4;NON-URGENT 415 MUSIC- 21:37:22 :21:37:22 0:23:00 Average Response Time: 0:23:00 Report: rptTotal_Response_Time — Printed' 10/27/2011 5:05 pn Page 2 of 12 National City Police Department Total Response Time Report Start Date =10/27/2009 Hours = 00 that 23 Problem = All End Date =10/27/2011 Beat = A11 Priority = All Day=All Ali Calls Squad=AII Address =105 E 08TH ST Incident Number Location Priority Problem 1st Keystroke 1s. srr:al Resp. Time 2009120646111 105 E 08TH ST, NATIONAL CITY, CAJMCDINIS RESTAURAN P5 SELF-INITIATED/OTHER EXTRA PATROL REQUEST 01:19:31 01:19:31 0:00:00 2009120646115 105 E 08th St, NATIONAL CITY, CA/MCDINISRESTAURANT P5 SELF-INITIATED/OTHER EXTRA, PATROL REQUEST - 01.41:50 01A1:50 ;_ 0:00:45,<:- Totals for 12/6/2009: 2 incidents verage Response Ttme: 000: Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2069121347016 105 E 08th St, NATIONAL CITY, CA/MCDINIS RESTAURANT P2 URGENT SUBJECT WITH .A GUN 01:03:52 01.03:52 , 0:14:47 2069121347111 105.EA8TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P1 EMERGENCY FIRE STRUCTURE ` 19:41:57 _: 19:41:57 1 0:03:59 Totals for 12/13/2009: 2 Incidents RT009 verage esponse ime: :: Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2009121947885 105 E 08TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELF-INITIATED/OTHER i TRAFFIC STOP 22:56:55 22:56:55 0:00:00 2009121947890 :105E 08TH ST; NATIONAL CITY, CAIMCDINISSRE$TAUPAN ; P5 SELF INITIAT.EDIOTHER EXTRA PATROL.,REQUEST 23:46:28.:- 23 46:28 0:00:00, Totals for 12/19/2009: 2 incidents verage Response i ime: u:uu: -------••--- Incident Number — , ---- Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2009122047896 105 E 08TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELF-INITIATED/OTHER EXTRA PATROL REQUEST 01.16:15 01:15:15 0:00:00 2009122047908 .. 105 E 08TH ST; NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELF-INITIATEDIOTHER : SELF INITIATE16,1 .:. 02.24:14 02:24:14 .0:00:00 Totals for 12/20/2009: 2 Incidents verage Response i use. u:uu: Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2009122348343 105E 08th St, NATIONAL CI1 CA/MCDINIS:RESTAURANT P4 NON URGENT ...::. 594R VANDALISMIMAL MISCHIE , 20:52:31 20:52:31 1:14:33. ,. Totals for 12/23/2009: 1 Incident verage Response a rme: i:74: Incident Number Location Priority Problem lst Keystroke 1st Arrival Resp. Time 2009122748683 105 E 08TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P2 URGENT 242 BATTERY 00:21:39 00:21:39 0:04:44 2009122748689 -.. ,105'E.08TH: ST, NATIONAL: CIT.Y,.GAIMCDINIS RESTAURAN P5 SELF INIT{ATEDIOTJ ER , > SELF INITIATED -- 01:11:22 01:11.22 . 0:00:00 Totals for 12/27/2009: 2 Incidents verage Response I Ime: u:UL: Report: rptTotat,Response_Time — Printed: 10/27/2011 5:05 pn Page 3 of 12 National City Police Department Total Response Time Report Stan Date =10/27/2009 Hours = 001hn:23 End Date =10R7/2011 Day = All Beat =AII All Calls Problem = All Priority = All Squad = All Address =1D5 E 08TH ST Incident Number Location ! Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010010200245 105 E 08th St, NATIONAL CITY, CA/MCDINIS RESTAURANT ' P4 NON -URGENT 415 MUSIC 22:31:31 22:31:31 0:09:25 2010010200251 .: 105EO8THiST, NATIONAL' CITY, CA/MCDINIS RESTAURAN_ -P5SELF-INITIATED/OTHER BAR CHECK .. 2323:43 23:23:43.: 0:00:00, Totals for 112/2010: Sunday, January 3, 2010 Incident Number Location 2 Incidents Priority Problem Average Response Time: 0:04:42 1st Keystroke 1st Arrival Resp. Time 2010010300266 105 E 08TH ST, NATIONAL CITY; GAMCDINIS RESTAURAN Totals for 1/3/2010: 1 Incident Thursday, January 7, 2010 Location Incident Number 2010010700790 105E 08th St NATIONAL CITY, CNMCDINIS';RESTAURANT Totals for 1/7/2010: 1 Incident P:5,SELP1NITIATEDIOTHER SELF INITIATED 01:15:42 01:15:42 0:00:00 Average Response Time: 0:00:00 Priority 1:15 .SELFr1NIT IATED/0T-MER. Problem IMPOUND PRIVATE 1st Keystroke ist Arrival Resp. Time 13:37:16 13:37:16 - 1:25:00 Average Response Time: 1:25:00 Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010011501793 105 E 08Iti•St, NATIONAL CITY, CNMCDINIS RESTAURANT P5 SELF-INITIATED/OTHER , ' .IMPOUND PRIVATE . 13.21.05 13:21:05 0:49'42 Totals for 1/15/2010: Saturday, January 16, 2010 1 Incident Average Response Time: 0:49: Incident Number Location Priority 1 Problem 1 1st Keystroke 1st Arrival Resp. Time 2010011601881 105 E 08TH ST, NATIONAL CITY, CAIMCDINIS P5 SELF-INITIATED/OTHER : ' 1_BAR CHECK 00:11:34 ; :: 0011:34 0:00:00 Totals for 1/16/2010: Friday, January 22, 2010 Incident Number Location 1 Incident Priority Problem Average Response Time: 0:00:00 1st Keystroke 1st Arrival Resp. Time 2010012202690 105 E-081h St, NATIONAL CITY, CA/MCDINIS RESTAURANT, Totals for 1/22/2010: Sunday, January 24, 2010 Incident Number I Location 1 Incident P5 SELF-INITIATED/OTHER Priority IMPOUND PRIVATE Problem 13:17:45 13:17:45 0:00:00 Average Response Time: 0:00:00 1st Keystroke 1st Arrival Resp. Time 2010012402919J,105 E 08th St, NATIONAL CITY, CA/MCDINIS RESTAURANT_, Totals for 1!24/2010: 1 Incident P3,SERIOUS HAZARD 01:20:32 01:20:32. 0:09:40: Average Response Time: 0:09:40 Report: rptTo:el_Response Time -- Printed: 10/27/2011 5:05 pn Page 4 of 12 National City Police Department Total Response Time Report Monday, January 25, 2010 Incident Number Location Start Date=10/2?12009 End Date = 10/2712011 Hours = 00 thru 23 Beat = All Problem = All Priority = All Day = All All Calls Squad = All Address 105 E 057H ST Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010012503158 105E 08th St, NATIONAL CITY, CA/MCDINIS RESTAURANT Totals for 1/25/2010: Wednesday. January 27. 2010 1 Incident P4.NON-URGENT 242R;BATTERY:REPORT 22:54:25 ' 22'54:25 0:00:00 Average Response Time: 0:00:00 Incident Number Location Priority Problem 1st Keystroke 1st Arrival I Resp. Time 2010012703453 - 105 E 08th St -NATIONAL CITY(CANCDINIS RESTAURANT`: .^P4 NOt:,:irUliPENT BAR CHECK 22.03:41 , .; 22:03:41 I 0:00:00 Totals For 1/27/2010: Friday. January 29. 2010 1 Incident Average Response Time: 0:00:00 Incident Number Location Priority Problem 1st Keystroke lst Arrival Resp. Time 2010012903702 105 E-O8TH ST, NATIONAL CITY, CA/MCDINIS„ RESTAURAN P5 SELF-INITIATED/OTHER BARCHECK 23:05;03 23:05:03 0,00:00-, Totals for 1/29/2010: Tuesday. Februarv2.2010 1 Incident Average Response Time: 0:00:00 Incident Number Location Priority Problem 1st Keystroke 1st Arrival Rasp. Time 2010020204136 105 E 08th St, NATIONAL CITY, CA/MCDINIS RESTAURANT P5 SELF-INITIATED/OTHER IMPOUND PRIVATE 13:14:04 13:14:04 0:00:00 2010020204143 105E081hSt, ,NATIONAL ,CITY,CAIMCDINIS,RESTAURAN7 P5SELF-INITIATED/OTHER. IMPOUND PRIVATE . 14:.25:40 14:25:40 0:00:00 Totals for 2/2/2010: Wednesday, February 3, 2010 2 Incidents Average Response Time; 0:00:00 Incident Number I Location Priority Problem lst Keystroke 1st Arrival Resp. Time 2010020304262 1105 E08th St, NATIONAL CITY; CA/MCDINIS RESTAURANT P5SELF-INITIATED/OTHER IMPOUND:PRIVATE 13.49:02 13:49:02 _ 0:00 00 Totals for 2/3/2010; Thursday, February 4, 2010 1 Incident Average Response Time: 0:00:00 Incident Number I Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010020404385 1 105 E OBth Si, NATIONAL CITY, CA/MCDINIS RESTAURANT P5 SELF-INITIATED/OTHER IMPOUND PRIVATE 11:45:39 11:46:39 0:00:00 2010020404420 j 105 E 08th St NATIQNAI .CITY, CA/MCDINIS RESTAURANT :; P5 SELF-INITIATED/OTHER . IMPOUND PRIVATE 16:03:44: 16:03:44 0:00:00 Totals for 2/4/2010: Saturday, February 6, 2010 Incident Number Location 2 Incidents Priority Problem Average Response Time: 0:00:00 lst Keystroke 1st Arrival 1 Resp. Time 2010020604656. 105: E 08th St; NATIONAL CITY, CA/MCDINIS: FtES•TAURANT. _ I , PS SELF INITIATE6lOTHER IMPOUND PRIVATE ;, 14:51:29 14:51:29 J 0:00:00 Totals for 2/6/2010: 1 incident Average Response Time: 0:00:00 Report: rptTotai_Response_Time -- Printed: 10/27/2011 5:05 pn Page 5 of 12 National City Police Department Total Response Time Report Monday February 8, 2010 Incident Number Location Start Date =10/2712009 Hours = 00 thru 23 End Date =10/27/2011 Beat =All Day = AII All Calls Problem = All Priority = AI Squad = All Address =105 E 09TH ST Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010020804863. j 105 E-08th St NATIONAL -CITY, CAIMCDINIS RESTAURANT _ P5.SELF-INITIATEQIOTHER. Totals for 2/8/2010: 1 Incident IMPOUND PRIVATE 12:35.49 12.35:49 - 0:00:00 Average Response Time: 0:00:00 Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010020904972 105 E 08th St, NATIONAL CITY, CA/MCDINIS RESTAURANT P5;SEL-1INITIATEDIOTHER` IMPOUND PRIVATE 10 00'37 ' 10.00:37;. , 0:00.00 Totals for 2/912010: 1 Incident verage Response I Ime: u:uu: Incident Number Location Priority Problem 1st Keystroke lst Arrival Resp. Time 2010021005124 105 E 08th St, NATIONAL CITY, CA/MCDINIS RESTAURANT P4 NON -URGENT 415 CIVIL 11:01:43 11:01:43 0:12:30 2010021005.196 105 E 08TH ST, NATIONAL CITY, CAIMCDINIS RESTAURAN; P5 SELF-INITIATED/OTHER IMPOUND PRIVATE 17:33:20 17'33:20 3:29:13 Totals for 2/1012010: 2 Incidents verage Response time: 1:au: Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010021906355 105 E 0881 St NATIONAL CITY, CNMCDINIS RESTAURANT;:. .. P5,SELF-INITIATED/OTHER . IMPOUND PRIVATE 17:03:21 _ 17:03:21;, 0:36:53 Totals for 2/19/2010: Saturday, February 20, 2010 Incident Number Location 1 Incident Priority Problem verage Response 1 ime: U:ab: 1st Keystroke 1st Arrival Resp. Time 105 E08TH,ST, NATIONAL CITY. CAIMCDINNIS;_: 2010022006481 Totals for 2/20/2010: Tuesday, February 23, 2010 Incident Number Location 1 Incident P2 URGENT 245 ASSAULT V/DEADLY_WEAP 18.16:23 18:16:23 0:04:21 Priority Problem Average Response Time: 0:04:21 1st Keystroke 1 1st Arrival Resp. Time 2010022306803 105 E;Qelh $t, NATIONAL -CITY, CA1MCDtNIS RESTAURANT P5 SELF INITIATED/OTHER Totals for 2/23/2010: 1 incident IMPOUND PRIVATE 17:16:57::' j 17:16:57 0:00'.00 Average Response Time: 0:00:00 Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010022807340 105 E 08th St, NATIONAL CITY, CA/MCDINIS RESTAURANT P5 SELF-INITIATED/OTHER BAR CHECK 00:27:00 00'27:00 0:05:10 2010022807414 105 E68TH ST, NATIONAL CITY, CA/MCDINNIS?; ,: P2 URGENT, . ;:_ 245 ASSAULT;AI/DEADLY WEAR - 18:01:24 18:01:24 ; 0:02:40 Totals for 2/28/2010: 2 Incidents Average Response Time: 0:03: Report: rptTotal_Response Time -- Printed: 10/27/2011 5:05 pa Page 6 of 12 National City Police Department Total Response Time Report Tuesday, March 9, 2010 Incident Number Location Start Date=10127i2009 End Date = 10/27l2011 Day = AI Address =105 E 08TH ST Hours = 00 thru 23 Beat = All All Cal''s Problem = All Pnodty = All Squad = All Priority Problem 1st Keystroke ls. Arrival Resp. Time 2010030908585 105 E 08TH ST, NATIONAL CITY, CAIMCDINIS_RESTAURAN Totals for 3/9/2010: 1 incident P2 URGENT 415 FIGHT 23:21:00 2.21:00 0,00:00 Average Response Time: 0:00;00 •NVV.. WY. Incident Number N.V.. •V, V Location Priority Problem 1st Keystroke lst Arrival Resp. Time ! 2910031008626 105 E 0811ii':St, NATIONAL CITY, CNMCDINIS RESTAURANT P5 SELF-INITIATEOIQFHER IMPOUND PRIVATE 11.16:26- . 11:16:26 0:00:00 Totals for 3/10/2010: Thursday, March 11, 2010 Incident Number Location 1 Incident Prlortty Problem verage R0:00 esponse Time: : 1st Keystroke 1st Arrival Resp. Time I20100311081353` Totals for 3/11/2010: 105 E.081h S1, NATIONAL CITY, CAIMCDINIS 1 Incident - P2 URGENT.,:: 245 ASSAULT W/DEAOLY WEAP 22:55:36 22:55:36 0.01:55 Average Response Time: 0:01:55 Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp.Time 2010031208967 105 E 09TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELF INIT[ATED(OTHER FOLLOW-UP ;:, .:,,, 20:51:59. 20:51:59'; 0:09:00. 2010031208973 105 E C8TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELF-INITIATED/OTHER FOLLOW-UP 21:48:07 21.48:07 0:00:D0 2010031208986 , 105 E C8TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELF-INITIATED/OTHER EXTRA PATROL REQUEST 23:23:34 23:23:34 0:00:00,:. Totals for 3112/2010: Wednesday, March 17, 2010 3 Incidents [Incident Number Location Priority 2010031709610 105 E 08T-I ST, NATIONAL CITY, CAIMCDINIS RESTAURAN , PSSELF-INITIATED/OTHER Totals for 3/17/2010: 1 Incident Problem SELF INITIATED verage Response Tume: 0:00: 1st Keystroke 13:04:09 1st Arrival 13:04.09 Resp. Time 0:00:00 's Average Response Time: 0:00:00 Incident Number Location I Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010031809710 105 E 06TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELF-INITIATED/OTHER SELF INITIATED 01:47:52 01.47:52 0:00:00 20.10031,809830 105 E 08TH.ST, NATIONAL CITY, CA/MCDINIS RESTAURAN ..PE SELF-INITIATEDIOTHER. EXTRA PATROL REQUEST . 21:44:12 ,..; 21:44:12. 0:00:00 Totals for 3/18/2010: 2 Incidents verage Response 1 Ime: u:vu: Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010031909991 ;105 E 08TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN_ . P5,,SELF-INITIATED/OTHER-" SELF INITIATED 23:33:10 : 23:33:10 . 0:00:00 Totals for 3/19/2010: 1 Incident verage Response t ime: u:ou: Report rptTotai ,Response Time — Printed: 10/27/2011 5:05 pn Page 7 of 12 National City Police Department Total Response Time Report Start Date=10127/2009 Hours = 00 lhru 23 Problem = All End Date =10/27/2011 Beat=AII Priority = All Dav=NI All C,alls Squad = AII Address =105 E 08TH ST Incident Number location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010032510758 105 E O8TH ST, NATIONAL CITY, CAIMCDINIS RESTAURAN % P5 SELF-INITIATED/OTHER EXTRA PATROL REQUEST 20:22:57 20:22:57 0 00:00 2010032510785 105 E 08TH ST, NATIONAL CITY; CM iCDINIS;RESTAURAN . P5 SELF-INITIATED/OTHER __EXTRA PATROL REQUEST;- _ . 23:19:56 23:19:56 0:00:00 Totals for 3/25/2010: Thursday, April 1, 2010 Incident Number Location 2 Incidents Priority Problem verage Response Tlme: 0:00: 1st Keystroke 1st Arrival Resp. Time 2010040111647 ,105E OBTHST, NATIONAL CITY, CANMCDINISRESTAURAN P5 SELF INITIATED/OTHER,, Totals for 4/1/2010: 1 Incident Friday, April 2, 2010 Incident Number Location Priority EXTRA PATROL REQUEST- 23:18:54 23:18:54 0:0000 Average Response Time: 0:00:00 Problem 1st Keystroke 1st Arrival Resp. Time 2010040211657 105 E 08TH ST, NATIONAL CITY, CAIMCDINIS RESTAURAN Totals for 4/2/2010: 1 Incident P5_$ELF INITtATED10THER_ SELF.9NIT ATED. 00:44:07 00:44:07... 0:00:03 Average Response Time: 0:00:00 �,..r... Incident Number ,_..� Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010041313162 105 E 08th St,;NA. TIONAL CITY, CAIMCDINIS RESTAURAIJT P5;SELF-INITIATEDIOT}lER IMPOUND PRIVATE 14:54:11 14:54:11:. 0:00:03 Totals for 4/13/2010: Thursday, April 15, 2010 Incident Number Location 1 incident Priority Problem verage 1st Keystroke 1st Arrival Resp. The 2010041513458 105 E 08TH ST, NATIONAL CITY,: CNMCDINI.S.RESTAU RAN Totals for 4/15/2010: 1 Incident P5 SELF-INITIATED/OTHER EXTRA PATROL REQUEST; 23:04.09. 23:04:09 0:00:00 Average Response Time: 0:00:00 Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 1 2010042014017 105 E 08th SI, NATIONAL CITY, CA/MCDINIS P1 EMERGENCY MEDICAL 01.51:52 01:51:52 1 0:03.07 2010042014136 105 E O8TH ST, E SECT OR, NATIONAL CITY, CA/FOLLOW P2 URGENT „ 415 FIGHT 23:50:55 -; 23:50:55 0:02:41 Totals for 4/20/2010: 2 Incidents verage Response Trme: 002: Incident Number I Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010042114271 105 E 08TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN I P5 SELF-INITIATED/OTHER FOLLOW-UP 23:04:58 23:04:58 0:30:00 2010042114273 105 E 08TH ST NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELF-INITIATED/OTHER FOLLOW-UP .;::: 23:48:43- 23:46:43 . 3.30:00 Totals for 4/21/2010: 2 Incidents T Average Response ime: 0:00: Report: rptTotel_ResponseTime -- Printed: 10/27/2011 5:05 pn Page 8 of 12 National City Police Department Total Response Time Report Tuesday, April 27, 2010 Incident Number Location Start Date =10127 20J9 Hours = 00 thru 23 Problem = All End Date=10/27/2vr1 Beat=All Priority =All Day = At All Calls Squad z All Address =105E08THST Priority Problem let Keystroke I 1st Arrival Resp. Time 2010042714940 105 E OBTH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN Totals for 4/27/2010: Friday. April 30, 2010 1 Incident P5 SELF-INITIATED/OTHER FOLLOW-UP 15:04:15 15.04:15 0:00:00 Average Response Time: 0:00:00 Incident Number location Priority I Problem 1st Keystroke 1st Arrival Resp, Time 2010043015419 105 E OBTH ST. NATIONAL CITY, CAIMCDINIS RESTAURAN P5 SELF-INITIATED/OTHER SELF INITIATED 23.40:44 23:40:44 t 0:00:00 I Totals for 4/30/2010: Tuesday, Ma, 4, 2010 Incident Number Location 1 Incident Priority Problem Average Response Time: 0:00:00 1st Keystroke 1st Arrival Resp. Time 2010050415830 105 E 08TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN Totals for 5/4/2010: Wednesday. May 5, 2010 1 Incident P5 SELF-INITIATED/OTHER ; SELF INITIATED 14:25:05 . 14,25:05 0:00:00 Average Response Time: 0:00:00 Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2016050516005 105 E 08TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELF-INITIATED/OTHER EXTRA PATROL REQUEST 20:13:05 20:13:05 0:00:00 Totals for 5/5/2010: Thursday, May 13, 2010 Incident Number Location 1 Incident Priority Problem Average Response Time: 0:00:00 1st Keystroke 1st Arrival Resp. Time 2010051317030 105 E 08th St, NATIONAL CITY, CA/MCDINIS **ABC Totals for 5113/2010: Friday. Mav 14. 2010 1 Incident P5 SELF-INITIATED/OTHER OTHER AGENCY DETAIL 21:53:25 21:53:25 0:00:0D Average Response Time: 0:00:00 Incident Number Location Priority Problem 1st Keystroke lstArrival Resp. Time 2016051417183 105 E 08TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELF-INITIATED/OTHER J EXTRA PATROL REQUEST 23:20:05 23:20:05 0:00:00 Totals for 5/14/2010: Saturday, Mav 29, 2010 1 Incident Average Response Time: 0:00:00 IncidentNumberProblem Number Location 1st Keystroke 1st Arrival Resp. Time 010052918854 105 E 081h St, NATIONAL CITY, CAIMCDINIS RESTAURANT P2 URGENT 11-8 PERSON DOWN 19:52:35 19:52:35 0:08:35 Totals for 5/29/2010: Thursday, June 3, 2010 Incident Number Location 1 Incident Priority Problem Average Response Time: 0:08:35 1st Keystroke 1st Arrival 1 Resp. Time 2010060319488 105 E 08TH ST, NATIONAL CITY P5 SELF-INITIATED/OTHER SELF INITIATED 16:34:29 1 16:34:29 I 0:00:00 Totals for 6/3/2010: 1 Incident Average Response Time: 0:00:00 Report. rptTotal Response_TIme — Printed: 10/27/2011 5:05 pn Page 9 of 12 National City Police Department Total Response Time Report Monday, June 28, 2010 Incident Number Location Start Date=10/27/2009 Hours = 00 thru 23 End Date =10,2712011 Beat = All Problem = All Priority = All Day =Al All Calts Squad = All Address =105 E 08TH ST Priority Problem lst Keystroke 1stArrlval Resp. Time 2010062822554 105E 08TH ST, NATIONAL CITY, CA URGE 11.sl' PROWLER , ;-, 21:09:46 21:09:46 0:08:11 Totals for 6128/201D: Thursday, July 1, 2010 Location Incident Number 1 Incident Priority Problem Average Response Time: 0:08:11 1st Keystroke 1st Arrival Resp.Time 2010070122934 105 E 08THST, NATIONAL CITY, CA/VCDINIS;RESTAURAN Totals. for 7/1/2010: Saturday, July 24, 2010 Incident Number Location 1 Incident P5:SELF-INITIATED/OTHER 1 EXTRAPATROLREQUEST Priority Problem 22:37:05; 22:37:05 0:00:00,. Average Response Time: 0:00:00 1st Keystroke 1st Arrival Resp. Time 2010072425387 105 E 06TH ST, NATIONAL CITY, CA/10-87:700 A AV, Totals for 7/24/2010: Saturday, July 31, 2010 1 Incident P5 SELF-INITIATED/OTHER ;, BAR CHECK 00:07:55 00:07:56 ', 0:00:00 Average Response Time: 0:00:00 Incident Number Location 7 Priority Problem 1st Keystroke 1st Arrival Resp. Time 2010073125284 105 E 08THi.ST. NATIONAL CITY, CA/MCDINIS';RESTAURAN_ .:i- , P5 SELF INITIATED/OTHER BAR CHECK 21:34:26 21:34:26 - 0:00:00 Totals for 7/31/2010: Sunday, August 15, 2010 Incident Number Location 1 Incident Priority Problem Average Response Time: 0:00:00 1s1 Keystroke 1st Arrival Resp. Time 20.10051527935 105E 08TH: ST, NATIONAL CITY, CA/MCDI NIS RESTAURAN Totals for 8/15/2010: 1 Incident Friday, September 17, 2010 75;SELF 1NITIATED/OTIiER SELF INITIATED' 01:4311 01:43:11 0.00.00 Average Response Time: 0:00:00 Incident Number Location Priority Problem 1st Keystroke lst Arrival Resp. Time 2010091732108 105E08TH,ST,.NATIONALCITY;CAJMCDINISRESTAURAN ,P5:SELFINETI<1I-ED/OTHER" SELF INITIATED • 23:58:53 23:5.8:53.. _ 0:00:00 Totals for 9/1712010: Sunday, September 26, 2010 1 Incident Average Response Time: 0:00:00 Incident Number 2010092633100 Location Priority 105 E 08th St,;rear, NATIONALCITY, CA/MCDINISRESTAUR 'P4 NON -URGENT Problem 415 NOISE lst Keystroke 1st, Arrival 01:53:32: .. 01:53:32 0:05:31 Resp. Time It Totals for 9/26/2010: Sunday, October 17, 2010 Incident Number Location 1 Incident Priority Problem Average Response Time: 0:05:31 1st Keystroke 1st Arrival Resp. Time 2010101735712 105 E 08th St, NATIONAL CITY, CA/MCDINISRESTAURANT.. �. Totals for 10/17/2010: 1 Incident P2 URGENT 11-8•PERSON,:DOWN • 07:56:36 07:56:36 0:03:39 Average Response Time: 0:03:39 Report: rptTolal_ResponseTime -- Printed: 10/27/2011 5:05 pn Page 10 of 12 National City Police Department Total Response Time Report Monday, October 25, 2010 Incident Number Location 2010102536641 Totals for 10/25/2010: Thursday, January 27, 2011 105 E 08TH ST, NATIONAL CITY 1 Incident Incident Number Location Start Date .10/2712009 Hours = CO thru 23 Problem = All End Date =19/27/2011 Beat = All Priority = All Day =All All Calls Squad =All Address =105 E 08TH ST Priority Problem P5 SELF-INITIATED/OTHER SELF INITIATED Priority Problem 1st Keystroke 1s.Arrlval 07:43:03 07:43:03 Resp. Time 0:00:00 Average Response Time: 0:00:00 lst Keystroke 1st Arrival Resp. Time 2011012703140 105 E 08th St, NATIONAL CITY, CA/MCDINIS RESTAURANT P4 NON -URGENT 415 DRINKING IN PUBLIC 08:41:28 08:41:28 0:03:18 Totals for 1/27/2011: Thursday, February 3, 2011 Incident Number Location 1 Incident Priority Problem Average Response Time: 0:03:18 1st Keystroke 1st Arrival Resp. Time 2011020303967 105 E 08TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELF-INITIATED/OTHER SELF INITIATED 13:39:57 13:39:57 0:00:00 Totals for 2/3/2011: Friday, February 4, 2011 Location 105 E 08th St, NATIONAL CITY, CA Totals for 2/412011: Sunday. February 6. 2011 Incident Number 2011020404134 1 Incident Average Response Time: 0:00:00 1 Incident Priority Problem P5 SELF-INITIATED/OTHER IMPOUND PRIVATE 1st Keystroke 1st Arrival Resp. Time 18:19:02 18:19:02 0:25:48 Average Response Time: 0:25:48 Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2011020604312 105 E 08th St, NATIONAL CITY, CA/MCDINIS RESTAURANT P4 NON -URGENT 415 DRINKING IN PUBLIC 11:04:11 11:04:11 0:07:44 Totals for 2/6/2011: Tuesday, February 8, 2011 1 Incident Average Response Time: 0:07:44 Incident Number Location Priority Problem 1s1 Keystroke 1st Arrival Resp. Time 2011020804493 105 E 08TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELF-INITIATED/OTHER 11-50 FIELD INTERVIEW 08:19:41 08:19:41 0:00:00 Totals for 218/2011: Friday, February 11, 2011 1 Incident Average Response Time: 0:00:00 Incident Number Location Priority Problem ist Keystroke 1st Arrival 1 Resp. Time 2011021.104934 105E Oath St, NATIONAL CITY, CA/MCDINIS_RESTAURANT.. P5 SELF-INITIATED/OTHER IMPOUND PRIVATE 13:45:51 13:45:51. , 0:00:00 2011021104967 105 E 08th St, NATIONAL CITY, CA/MCDINIS RESTAURANT P5 SELF-INITIATED/OTHER IMPOUND PRIVATE 17.30:36 17:30:36 1 0:00:00 Totais for 2/11/2011: 2 Incidents Average Response Time: 0:00:00 Report: rptTota:,_Response_TIme -- Printed: 10/27/2011 5:05 pn Page 11 of 12 National City Police Department Total Response Time Report Monday, Ap1'I 4, 2011 Incident Number Location 2011040411194 105 E 08th St, NATIONAL CITY, CA/MCDINIS RESTAURANT Start Date =10/27/2009 Hours =00 thru 23 Problem Alt End Date =10127/2011 Beat = All 1 Priority = AI Day =All All Celts Address = 105 E 087H S7 Squad = All Priority P5 SELF-INITIATED/OTHER Totals for4/4/2011: 1 Incident Thursday, May 19, 2011 Incident Number Location Priority Problem IMPOUND PRIVATE Problem 1s t Keystroke 1st Anival Resp. Time 14:39:51 14:39:51 0:00:00 Average Response lime: 0:00:00 1st Keystroke 1st Arrival Resp. Time 2011051916646 105 E 08th S1, NATIONAL CITY, C.A/MCDINIS RESTAURANT Totals for 5/19/2011: 1 Incident Wednesday, July 13, 2011 P5 SELF-INITIATED/OTHER IMPOUND PRIVATE 17:32:34 17:32:34 0:00:00 Average Response Time: 0:00:00 Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2011071323504 105 E 08TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN Totals far 7(13/2011: 1 Incident Tuesday, Au ust 9, 2011 Incident Number Location P3 SERIOUS Priority 647F DRUNK IN PUBLIC Problem 09:38:30 09:38:30 0:20:36 Average Response Time: 0:20:36 1st Keystroke 1st Arrival Resp. Time 2011080927060 1 105 E 081h St, NATIONAL CITY, CA/MCDINIS RESTAURANT Totals for 8/9/2011: 1 Incident Wednesday, August 10, 2011 P4 NON -URGENT 415 NOISE 23:17:08 23:17:08 0:27:30 Average Response Time: 0:27:30 Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time 2011081027132 105 E 08th St, NATIONAL CITY, CA/MCDINIS RESTAURANT P5 SELF-INITIATED/OTHER IMPOUND PRIVATE 15:22:37 15:22:37 0:00:00 otals tornrltU2U11: Thursday, September 29, 2011 1 Incident Average Response Time: 0:00:00 Incident Number Location Priority Problem 1st Keystroke 1st Arrival Resp. Time! 0:00:00 2011092933756 105 E 08TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P5 SELF-INITIATED/OTHER SELF INITIATED 22:31:23 1 22:31:23 otals for 9/Z9/2U11: Thursday, October 13, 2011 Incident Number Location 1 Incident Priority Problem Average Response Time: 0:00:00 1st Keystroke 1st Arrival Resp. Time 2011101335399 105 E 08TH ST, NATIONAL CITY, CA/MCDINIS RESTAURAN P4 NON -URGENT Totals for 10/13/2011: 1 Incident 488R PETTY THEFT REPORT 17:31:38 17:31:38 0:19:58 Average Response Time: 0:19:58 Totals for Repor 104 Incidents Average Response Time: 0:09:39 Report: rptTotal_Response Time -- Printed: 10/27/2011 5:05 pn Page 12 of 12 Page 1 of 1 Martin Reeder From: Alicia DeLeon-Tores[adeleontorres@publicstrategies.org] Sent: Wednesday, November 02, 2011 9:50 AM Tc '^artin Reeder Dini's Attachments: 20110926_Map- Alcohol Related Police Activity-11.pdf; NationalCity_DIP_HotSpot_4 2011.pdf Martin, Still working on the McDini's environmental report — oy vey, there's a lot! But this may help you until I finish the report. • Located in an area known for a high concentration of Drunk in Public (2010 and 2011). I've attached the National City Police Department maps for both years. NOTE: I don't know if we can use the 2011 map in public — but it certainly has pinpointed area with 100 blk of the problem areas. This may be helpful in helping you formulate text for the report. The redder the area, the higher the problem. • The establishment's closest residential neighbor is 10 feet from their parking lot, in the alley way that connects 7th Ave and 8th Street. While 8th Street (surrounding the establishment is almost all businesses, the streets surrounding them (especially 1 block to the north) is almost residential. Should the establishment expand their hours of operation and entertainment, the residents will be impacted. There was no mention of them in the letter from McDini's to the City of National City. Note: Due to short notice, we weren't able to go during the evening hours of operation for the establishment. That would have been optimum. Alicia DeLeon -Torres South Bay Community Change Project (619) 476-9100 ext. 305 Institute for Public Strategies 303 H Street, Suite 390 Chula Vista, CA 91910 phone: (619) 576-9100 fax: (619) 476-9104 www.publicstrategies.org CONFIDENTIALITY NOTICE - This email message, including all attachments, is for the sole use of the intended recipient and may contain information protected by confidentiality laws and regulations. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you may not view, use, copy, disclose or distribute this e-mail, attachments, or any of the information contained within to anyone. If you have received this e-mail in error, do not read the content, please notify us immediately by e-mail and delete this e-mail message, attachments, and all copies. 11/2/2011 Liquor Stores: Off -Sale * Off -Sale 8 Single Serve ---- Freeway --- Highway — Reads Drunk in Public: n < 1 Arrests (No Cok r) ® t-2Arrests ® 2-6 Arrests rS) 6- 9Arrests U 9- 11 Arrests rfl 11 - 12 Arrests 12 - 13 Arrests ® 13 - 14 Arrests Cities: • National City ▪ OtherCrties County 0 Drunk in Public - National City Liquor Store Hot Spot Analysis January - December 2010 Prepared By: Center for Community Research Date- April 2011 Project ID: Drunk in Public (National City) Source: Institute for Public Strategies, TIGER, SANDAG Project Notes: Institute for Publto Strategies - South Pay Community Change Project 0.2 0.4 0.6 0.8 Miles A NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2010-33 CUP Project Location: 105 East 8th Street, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for an 835 square -foot interior addition to an existing restaurant building, live entertainment, and dancing. Applicant: Benny Adler 105 East 8th Street National City, CA 91950 Telephone Number: (619) 434-5024 ext.1 Exempt Status: Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 1 Section 15301 (a) (Existing Facilities) Not a project as defined in Section 15332 of CEQA Not subject to CEQA (Sec. 15061 b3) n Reasons why project is exempt: The proposal does not expand the building beyond its existing building envelope, but is merely the extension of an existing approved use. The project will not have a negative effect on the environment, since the building is not located in or near an environmentally sensitive area, and since it is located in a fully urbanized area. Date: MARTIN REEDER, AICP Assistant Planner IACOH.p OKAYED. CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT AND ZONE VARIANCE FOR LESS THAN REQUIRED PARKING AT AN EXISTING BAR/RESTAURANT AT 105 E. 8TH STREET. CASE FILE NO.: 2010-33 CUP, Z APN: 556-332-20 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 7, 2011, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Benny Adler) The applicant is proposing to construct a 6-foot by 20-foot stage, with a 9-foot by 20-foot dance area, and offer live entertainment and dancing from 6 p.m. to 1 a.m. Thursday through Sunday in association with the existing bar/restaurant. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., November 7, 2011, who can be contacted at 619-336-4310 or planninq(a�nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION Development Services Director CI TYF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1 43 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT AND ZONE VARIANCE FOR LESS THAN REQUIRED PARKING AT AN EXISTING BAR/RESTAURANT AT 105 E. 8TH STREET. CASE FILE NO.: 2010-33 CUP, Z APN: 556-332-20 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 7, 2011, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Benny Adler) The applicant is proposing to construct a 6-foot by 20-foot stage, with a 9-foot by 20-foot dance area, and offer live entertainment and dancing from 6 p.m. to 1 a.m. Thursday through Sunday in association with the existing bar/restaurant. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., November 7, 2011, who can be contacted at 619-336-4310 or plannir j nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. ; 10 I "`milk ✓1s CUte , 1 Z._: 1cS ° o lz f Gut 1\ t-)\0k4 3)(s_e.. /f\(\t L\ u?n,f6 65J--xrz---tc) Ori\ S Cu5'Yv15 t I -filativA, 6 ow -go 0-c- - NATIONAL CITY PLANNING DIVISION Development Services Director - - - - - - \ 106 \\ �� / \ th y y 1— y \ \ �. V - /� ` J 1 1 p ▪ '� --\, V / - 1 / A L �\ ,1 J �, \ `t ! �1� / \\ \\ IA 4 '-\- - - \ 12 = \.. �11 \\ �� \ i \ t -, 104� ; - - �� \ 124 \\ �\ CP \ t � v CA co - - �� 06 \1 IV - - \ \\ y 1 1 \ 1 \ t - \\ \ G \ 1 ; = � � % \ �� V \ A\ )D \ A \ ( \v _, A \ N� \->\ A \ \ 124 t 1 \ -> \ 1 \ t y\ n y 1 101 V t cr,,>\ 9 \ \ t t t` \ t tZ tc) O % t \ t \\ t OD \ \ t Z 4 t \ \\ t \ \ t \x \, t \\ \ t- \ \ \ \ t v\ \ �\ �V \ \ \\OO ` \ (r� 0 \ CP \ - - L1 Project Location — — — Zone Boundary I I I Feet 0 75 150 300 105 E 8th Street APN: 556-332-20 Planning Commission Location Map 2010-33 C U P 10. 2 6.1 'August 11, 2011 Ciiv of National City Pia i,ng Department 1243 National City Blvd National City,CA 91950 at*r• Martin Reeder .r, The following is a summary of our C.U.P. modification request: McDini's is the oldest restaurant in San Diego history, dating back to 1890. Present ownership is committed to "bridging" the colorful past into...the present. McDini's present format incorporates a complete family restaurant, together with a full spirits bar, serving SUNDAY-WEDNESDAY from 9AM to 12AM, THURSDAYS 9A - 2AM and FRIDAY & SATURDAY 9A - 4AM. Since completing the previous 900+ sq ft expansion of the facility, we are poised to add a 6' x 20' performance stage along with a designated 9' x 20' dance floor area. Our live format has been an ongoing process since ADLER ownership purchased McDini's in JULY 2008, operating very successfully under somewhat outdated 1985 C.U.P. conditions. Our format calls for "live music" bands, consisting of the better and more established ASIAN-AMERICAN & MEXICAN AMERICAN performers in the SOCAL region, catering to a 25 - 70yr old clientele_ "Imitation is the greatest form of compliment" Hints of what McDini's "pioneered" with live music can be seen at SIMILAR venue's located elsewhere in National City, with like performers, many of whom started at McDini's. LIVE MUSIC is a key to the continued success of McDini's. McDini's ownership is not interested in operating as a club, typically with a 21 & Up clientele (Class 48 license) catering to a niteclub crowd featuring a DJ or karaoke. We are fixated upon attracting and presenting (aside from regional acts), former Billboard Top 100 music acts, ie.... Th€. Goritours (Do You Love Me? 1962-Motown) Little Joe y La Familia (Latinaires) Paula Estrada and the Latinaires (Hello Stranger 1962) The West Coast Platters (Only You 1958) Barbara Mason (Yes I'm Ready #2 Billboard 1965) Tierra (Together #10 Billboard 1981). The Intruders (Cowboys to Girls #1 Billboard 1968) Bretton Wood (Gimme little sign 1967 #9 Billboard) and many others of reknowned quality. "Why Live Music?" This is the sincerest form of entertainment that caters to a more appreciative audience, attracting families of all ages and denominations looking to "re -live" or experience the past, in a smaller, (251 capacity) venue, like McDini's. McDlni's also wants to offer dancing to complement live performances, along with local dance troupes, offering both lessons and performances during future live shows, featuring "Hustle, Jitter Bug & Salsa" competitions, typically attractinga 60 to 80yr-old clientele. With our recent 2011 Bldg Safety Compliant upgrade, along with the expanded usage area, we are able to comfortably offer this setting, attracting a new and unique clientele, along with the comforts of our legendary restaurant & bar. Exterior windows are 1-1/2" thick , double glass to ensure soundproofing facing the residents to the south, stage would be directed in area to the west, facing SOLOMON FACTORY DIRECT (furniture) towards the water. Parking is adequate within our adjacent lot. Since performances would be limited to 6P - 1AM, all (7) area businesses close at FPM allowing sufficient off street parking, along with permitted access to the; �uhooi parking structure (48 spaces) located at 8th & Natl City Blvd's. Requested "live" dates would be THURS-SUNDAY 6P - 1AM. An added benefit to having the restaurant operating during perfomance times will be to maintain serving until 2AM on performance nights, with the possible addition of 24hr food service on FRIDAYS & SATURDAYS. With the recent closure of another of National City institutions, (George's Cakes) McDlni's also plans to acquire the rights to the name and select former staff to produce bakery offerings within our expanded kitchen area. This, along with added products, will bring more sales tax revenue, along with regional recognition, in an area that is otherwise blighted. Licensed and trained, uniformed security guards (2) will be on site during all live shows, before & after shows to assist in any issues, orderly arrivals and departures. Ownership and management would be present during all shows to assist with any issues. If NCPD visits are required, we would offer to pay $100. per visit on a weekly (or as contacted) voluntary basis, to be paid directly to the city treasurer upon billing forthwith. We thank you for this exciting opportunity to bridge the past to the present. Sincerely; Benny Adler McDlni's Restaurant Corp 'amour L j ITEM NO. �T November 7, 2011 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 11/03/2011 BUSINESS NAME: McDini's ADDRESS: 105 East 8th Street, NC, CA, 91950 OWNER NAME: Adler Howard Trust DOB: N/A OWNER ADDRESS: 105 East 8th Street , NC, CA 91950 (add additional owners on page 2) I. Type of Business ❑ Restaurant (1 pt) 11 Market (2 pts) X Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) ❑ Close by lOpm (2 pts) X Close after l0pm (3 pts) III. Entertainment E Music (1 pt) ❑ Live Music (2 pts) X Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1 pt) ❑ Medium (2 pts) X High (3 pts) V. Alcohol Businesses per Census Tract ❑ Below (I pt) X Average (2 pts) ❑ Above (3 pts) Notes: Revised: KA- 9/11 1 of 2 National City Police Departmem. ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) ❑ Below (1 pt) ❑ Average (2 pts) X Above (3 pts) V1I. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (1 pt) X Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) VIII. Owner(s) records check ri No criminal incidents (1 pt) X Minor criminal incidents (2 pts) ❑ Multiple/Major criminal incidents (3 pts) Low Risk ( 12pts or less) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 21 OWNER NAME: Benny Adler (Applicant) DOB: 06/05/1957 OWNER ADDRESS: 4565 Hewlett Dr. SD, CA 92115 OWNER NAME: DOB: OWNER ADDRESS: Recommendation: PD is not in support of this application for the reinstated live entertainment, dancing, or the construction of a stage at McDini's. PD concerns include calls for service to similar establishments in the City including Trophy Lounge and National City Sports Lounge. There were 104 calls for service to McDini's between October 27, 2009 and October 27, 2011. Completed by: Graham Young, Sergeant Badge ID: _365 2 of 2 Martin Reeder From: Lynn Cole Sent: Monday, November 07, 2011 10:58 AM Tr Martin Reeder jam Babaki Subject: FW: Conditional Permit Attachments: 3792_001. pdf HANDOUT /4- ITP2.1 NO. November 7, 2011 From: jack armstrong [mailto:jackarml@hotmail.com] Sent: Thursday, November 03, 2011 12:58 PM To: Planning Subject: Conditional Permit I oppose issuing this conditional use permit. The re -opening of this business in its current form has been welcomed by the community. However, to allow the conditions present prior to the last year when it operated as a night dub and concert venue would be detrimental to the neighborhood. Noise, loitering, littering and parking infractions are just a few of the nuisances this business created when it operated similarly in the past. jack armstrong vision,passion,tools jackarm@cox.net 619.847.5818 11/7/2011 HANDOUT ITEM NO. November 7, 2011 HEi;LlYED ENGINEERING DEPT. McBRIDE FAMILY TRUST Agents: Tom or Koren McBride 5289 APPIAN WAY, LONG BEACH, CALIFORNIA, 90NA Nov - i A 10: 5u PHONE 562-433-4147 E-mail: khmcb5289@verizon.net or khmcb verizon.net Cell numbers, Tom 562 706 4512 Karen 562 706 7112 City Engineer City of National City 1243 National City Blvd. National City, California, 91950 Dear Ms. Babaki, Reference Notice of Public Hearing ,Monday November 7, 2011 The McBride Family Trust owns the property #115, #117,#119 and #119B East 8th Street. We have concern about the building of a stage at the back of our McBride Family Trust Property; "MFT" We do not object to the building of the stage on the property but the problem is we have no idea of where the stage will be built behind our three 8a' Street stores; what type of entertainment is planned regarding the volume of the sound in the entertainment. One of our tenants is City Tax Company in the #117 Store space. In tax season the City Tax employees work late into the evening and loud music played adjacent to City Tax would of course be a problem for the employees and the tax clients attempting to prepare their tax returns. Often times I have noticed City Tax employees working late into the evening in the store with clients. Recently the "MFT" purchased a condominium in the nearby Bayview Tower as our second home in San Diego County. A few days ago I mentioned this Notice of Public Hearing to several of the condo owners and none of them had ever heard of this NofPH I believe once I have sufficient time to consult with Mark of the Bayview Tower Corporation he may also be concerned with noise out doors late in the evening so near to the Bayview Towers. We encourage our neighbor to improve and increase business in the immediate area of East Eighth Street and A Street intersection. His increased business may be good for the business of our tenants because of the increased foot traffic in the area. However I believe the owner of the property should provide all details about the location of the outdoor stage on the property, specific information to the owners of the nearby properties about the volume of the sounds of the entertainment and even type of Title: CALIFORNIA -d NATIONALCfry • CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 2 December 5, 2011 CONTINUED PUBLIC HEARING — CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT AND ZONE VARIANCE FOR LESS THAN REQUIRED PARKING AT AN EXISTING BAR/RESTAURANT AT 105 E. 8TH STREET. Case File No.: 2010-33 CUP Location: Southwest corner of East 81h Street and A Avenue Assessor's Parcel No.: 556-332-20 Staff report by: Martin Reeder, AICP Applicant: Benny Adler BACKGROUND Previous Action This item was continued from the November 7, 2011 meeting, at which time the applicant asked for a continuance in order to review Police Department records submitted to the Commission by Planning staff. At the previous meeting, three community members expressed concerns over noise and parking. Further concerns were raised alleging lack of proper notice. In order to alleviate concerns over noticing, staff produced another mailing list consisting of 406 owners and occupants. A courtesy notice was sent to all 406 listed entities informing them of the continued public hearing. 30 of the notices were returned as undeliverable. In addition, staff provided a formatted copy of the occupant list to the applicant so that another community meeting could be scheduled. New Information As of the writing of this report, no new information has been received from the applicant. There is no evidence that another community meeting was ever held, although calls were received that were elicited by the courtesy notice disseminated by staff. The prior staff report is attached, which fully evaluates the proposal. RECOMMENDATION 1. Deny 2010-33 CUP based on the attached finding/findings to be determined by the Planning Commission; or Approve 2010-33 CUP subject to the conditions listed below, based on attached findings; or 3. Continue the public hearing to a specific date. ATTACHMENTS 1. November 7, 2011 staff report with attachments, including findings and conditions. MARTIN REEDER, AICP Assistant Planner ii December 03, 2011 to: City of National City attn: Martin Reeder 1 of (2) pages in re: CUP Modification of CUP 2010-33-CUP McDlni's Restaurant Corp Community Meeting HANDOUT Item No. Z....- December 5, 2011 On SATURDAY, DECEMBER 3, 2011, a community meeting was held persuant to CUP modification at McDlni's located at 105 East 8th ST National City. Meeting was held at 10:30AM Sufficient notice was given by HAND -DELIVERY to ALL OCCUPANTS/RESIDENTS within 660' Of McDini's location. Approximately (3) persons showed up for this meeting. Topics discussed: Parking,Noise, Trash, Stage, types of Dancing to be allowed,Security One person who had previously submitted a letter to Planning in semi -opposition to CUP modification spoke at length.(Armstrong) Present: Benny Adler Charlton Adler Jack Armstrong (Prop Owner 801 Bay View Towers) Unk female (occupant Bay View Towers) Jim (last name not provided) (Prop Owner -Bay View Towers) Meeting commenced at 10:45AM, concluded at 11:48AM Noise & parking issues were discussed in detail between all parties. Armstrong mentioned that McDlnis patrons had previously used the Union Bank for parking during McDlnis events. Armstrong mentioned that recent weekends had revealed much Jack in the Box trash from late nite patrons of nearby bar (not McDini's) Also, noise levels, mistakenly taken for Bay Tower pool parties were discussed. Armstrong & others were correctly informed McDlni's is proposing an indoor stage to code, that during musical performanes, will face NORTHWESTERNLY towards SOLOMON outlet & VEE parts located at 704/706 "A" Avenue , awy from Towers. Music levels will be at an acceptable level as measured by one McDini's manager posted outside parking area of rear Bay View tower lot, within "ear -shot" of McDini's. Doors proposed to remain closed during performances. Parking issues were discussed. It was noted by ADLER that McDini's has: 24 spaces in rear lot Off Street "A" Ave/ parking is approx 24 spaces, 13 spaces on 7th from Natl City Blvd to 7th Ave, 8 Spaces at rear of SOLOMON, and 7 in front of SOLOMON bldg TOTAL PARKING = 76 spaces An agreement is in place between Owners of Charter School and McDlni;s to allow McDlni's to utilize 30 spaces in parking garage TOTAL (106) spaces formula 3 persons per car = 318 possible patrons Adler and all parties have understanding to propose allowing a private tow truck (rental) be placed FRI & SAT evenings in Union Bank lot to "scare -away" possible illegally parked auto's in lot. Security will be provided to show force at exterior of McDlni's including all parking area's of within 50' of McDini's. Dancing was discussed it was made clear that dancing & entertainment will attempt to attract persons 50YRS+, clarified that dancing is aimed towards formats of SALSA,MERENGUE,BACHATA & TANGO, (not Hip Hop or Rap), a unique blend of 60's Music, Spanish traditional music & Mexican folklorical traditional dance. An unnamed prop owner from Towers stopped in on 12/02/11. was under the mistaken impression that McDini's was offering to build an outdoor stage, bad info circulated by a previous letter from a Tom McBride. Also spoke with McBride today 12/05 at 9:45AM to discuss allowing parking in rear McDini's lot for his 3 tenants from 1115 thru 119 E. 8th. Meetings were very positive, no negative issues left untouched. We feel we have the confidence of the immediate neighborhood. COMMUNITY MEETING SATURDAY DEC 3, 2011 Roll CaII & address ffizeA,6 2 6M/Ie'_ 3 _ i M Cw� o 04, fi/r7.-� 4 5 6 7 9 10 11 Ciu v-rn Y/�NW HANDOUT Item No. December 5, 2011 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF CONTINUED PUBLIC HEARING CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT AND ZONE VARIANCE FOR LESS THAN REQUIRED PARKING AT AN EXISTING BAR/RESTAURANT AT 105 E. 8TH STREET. CASE ALE NO.: 2010-33 CUP, Z APN: 556-332-20 This is a courtesy notice to inform you of the continued public hearing for the above -noted project. The National City Planning Commission will consider this item after the hour of 6:00 p.m. Monday, December 5, 2011, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Benny Adler) The applicant is proposing to construct a 6-foot by 20-foot stage, with a 9-foot by 20- foot dance area, and offer live entertainment and dancing from 6 p.m. to 1 a.m. Thursday through Sunday in association with the existing bar/restaurant. Information is available for review at the City's Planning Division, Civic Center, who can be contacted at 619-336-4310 or planninqanationalcityca.gov CAr)ti f AL/AA/ fitA.. , -L U vv !Jr,/ f RESOLUTION NO. 29-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT AND ZONE VARIANCE FOR LESS THAN REQUIRED PARKING AT AN EXISTING BAR/RESTAURANT AT 105 E. 8TH STREET. APPLICANT: BENNY ADLER CASE FILE NO. 2010-33 CUP Z APN 556-332-20 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for live entertainment and Zone Variance for less than required parking at an existing bar/restaurant at 105 E. 8th Street (APN: 556-332-20). at duly advertised public hearings held on November 7, and December 5, 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. 2010-33 CUP, Z maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California that the testimony and evidence presented to the Planning Commission at the public hearings held on November 7, and December 5, 2011 support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2010-33 CUP — McDini's Live Entertainment 1. That the site for the proposed use is adequate in size and shape, since the addition of 835 square feet would be inside the existing building envelope and the extension of live entertainment hours and the addition of dancing would occur inside the existing building. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the subsequent 84 additional average daily trips can easiy be accommodated by 8th Street, an arterial street. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the live entertainment and dancing activities would occur inside an existing building previously devoted to similar uses. Also, conditions of approval controlling said activities on site will reduce any potential for adverse effects. RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 2010-33 CUP — McDini's Live Entertainment 1. Because of special circumstances applicable to the property, including size and surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the property is completely developed and cannot be modified to construct additional parking, and since the building is not being expanded beyond the existing envelope within which the expansion is proposed. 2. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since there are multiple businesses in the Downtown Specific Plan Area that have less than required parking or no parking in some cases, and since the majority of area businesses are closed in the evenings when the majority of the subject property's patrons are in attendance, thus making nearby street parking spaces available. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the existing bar/restaurant use is permitted in Downtown Specific Plan Development Zone 9. BE IT FURTHER RESOLVED that the application for Conditional Use Permit for live entertainment and Zone Variance for Tess than required parking at an existing bar/restaurant at 105 E. 8th Street is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes an approximately 835 square -foot interior addition, live entertainment and dancing from 6 p.m. to 1 a.m. Thursday through Sunday, and the construction of a 6-foot by 20-foot stage, with a 9-foot by 20-foot dance area for the live entertainment. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No, 2010-33 CUP, dated 9/1/2011. 2. No live entertainment, dancing, or construction of any stage or dancing area may commence until the stipulated judgment has been rescinded or modified appropriately so as to allow for such activities. 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 Jection 18.116.190 of the Municipal Code. 5. 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. 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 Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 7. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 8. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 9. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 10. Live entertainment shall be limited to between the hours of 6 p.m. to 1 a.m. Thursday through Sunday. 11. All operations and activities, including live entertainment, shall comply with Title 12 (Noise Control) of the National City Municipal Code. 12. All doors shall remain closed during any and all live entertainment events. 13. A uniformed professional guard service shall be hired and on the premises between the hours of 6:00 p.m. and 2:00 a.m. on all nights live entertainment is provided. The guard service shall patrol the outside of the premises as well as the inside, and shall prevent any loitering and/or undesirable activity in the parking lot. 14. The Conditional Use Permit shall be subject to revocation by the Planning Commission if the Chief of Police determines that the reinstatement of live entertainment has resulted in, or significantly contributed to a ten (10) percent increase in the demand for police services during the hours from 5:00 p.m. to 3:00 a.m. The demand for police services and police enforcement activities in this immediate area will be 'reviewed quarterly. 15. The Conditional Use Permit shall be subject to review by the Planning Commission one year from the date of the Resolution approving said permit. 1r,. Th9 premises and parking lot shall be maintained and adequate lighting provided at the inces, exits and the parking lot during hours of operation. The parking lot lighting shall be shielded and shall not overflow to adjacent properties. Graffiti shall be removed within 72 hours. 17. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on or in front of the premises. 18. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be Tess than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 19. A video surveillance system shall be installed to monitor activity throughout the project site. Details for the system shall be shown on building permit (tenant improvement) plans and shall be reviewed by and be acceptable to the Police Department. 20. The property shall have a dumpster on site, which shall have a locking cover and gate. Details for the dumpster shall be shown on building plans. Police 21. 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 or to live entertainment. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 5, 2011, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: DeLaPaz, Farias, Alvarado,Pruitt, Reynolds, Flores Baca L�s CHAIRMAN MCDINI'S RESTAURAN & BAR BUILDING NATIONAL CITY, CA Zo P(}12kiN 4 LoT N A 62.5' 100' 57' * Dimensions are approximate* dcNi6n- A CA -Se ,Fi LE rl v . 2.0 i o - 2 2') C U/e Z bAr-r&. g(i/Zvri CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 35 iM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for Public Assembly and a Tattoo Studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue (Applicant Anastasia Polies) (Case File 2011-28 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Development Svcs/Planning. PHONE: 336-4313 APPROVED BY: EXPLANATION: The applicant is proposing to use the Sweetwater Harley Davidson building, including the showroom, parking lot, and roof deck for public assembly uses, including banquets, parties, and car shows on a more permanent basis, rather than obtain a TUP every time. The applicant is also proposing to operate a tattoo studio in an existing office located in the sales floor area. Planning Commission conducted a public hearing on December 5, 2011. Commissioners asked questions regarding conditions of approval and parking. The Commission voted to approve the CUP based on required findings and subject to conditions of approval. The attached Planning Commission staff report is attached and describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS ' STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, DeLaPaz, Farias, Flores, Pruitt, Reynolds Absent: Baca ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 31-2011 4. Reduced Plans Subject Parcel — — — Zone Boundary IL—J I Feet 0 75 150 300 APN: 562-330-21 Planning Commission Location Map 2011-28 CUP 11.17.11 Title: — cAtt .ORNM .' CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 6 December 5, 2011 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR PUBLIC ASSEMBLY AND A TATTOO STUDIO AT SWEETWATER HARLEY DAVIDSON LOCATED AT 3201 HOOVER AVENUE. Case File No: 2011-28 CUP Location: Near the northeast corner of Hoover Ave. and West 33rd St. Assessor's Parcel No: 562-330-21 Staff report by: Martin Reeder, AICP — Assistant Planner Applicant: Anastasia Polies Property owner: Bartocci Dev Inc:+ Combined General Plan/ Zoning designation: Light Industrial (IL) Parcel size: 1.85 acres Adjacent land use/zoning: North: Penske Truck Rental / IL East: Industrial use across Hoover Ave. / IL South: Industrial use / IL West: Storage/Industrial use / IL Environmental review: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) BACKGROUND Site Characteristics The project site is an approximately 81,000 square -foot lot developed with a 42,640 •-foot motorcycle sales facility (Sweetwater Harley Davidson) that has a roughly 7,300 square -foot roof deck atop the showroom building. The property has 99 on -site parking spaces (43 automobile spaces and 56 motorcycle spaces) and is located in the Light Industrial (IL) zone. The site is also located within the Coastal Zone overlay. Sweetwater Harley Davidson is open 7 days a week and employs 38 people. Since the construction of the facility, Sweetwater Harley Davidson has conducted numerous events at this location. All events have typically been approved on a temporary basis utilizing the Temporary Use Permit (TUP) process. The recent Land Use Code Update is not active in the Coastal Zone. This is due to the fact that the necessary changes in the City's Local Coastal Plan have not been approved by the Coastal Commission. Therefore, the City's previous zoning would generally apply. In this case, the zone would have been ML-CZ (Light Manufacturing — Coastal Zone) — essentially the same zone. Proposed Use The applicant is proposing to use the Sweetwater Harley Davidson building, including the showroom, parking lot, and roof deck for public assembly uses, including banquets, parties, and car shows on a more permanent basis, rather than obtain a TUP every time. Not only are multiple TUPs more expensive for the applicant, a constantly reoccurring 'temporary' event does not meet the spirit and intent of a temporary use. As part of this CUP, the applicant is also proposing to operate a tattoo studio in an existing office located in the sales floor area. The studio would be accessible through an independent door leading only to the studio. The area would be accessible via a door in the south wall of the sales area. Analysis Public Assembly Public Assembly uses are permitted in the IL zone with the issuance of a Conditional Use Permit (CUP). This type of use was considered a 'banquet facility' under the previous Land Use Code and also required a CUP. Typical concerns with public assembly include parking, noise, and building occupancy. The building was constructed in 2006 and included the roof deck that was approved for an assembly use. As noted above, the facility has conducted numerous events since its opening. Events are typically geared towards parties or organized gatherings, and often incorporate fundraising activities for local charities. The events often draw crowds in the hundreds. The roof deck has a maximum occupancy of 300 people and is approved for assembly use. This maximum will not change. The showroom has a maximum occupancy of 587 people and is not approved for assembly use (mercantile us' only). Ir order to allow assembly in this area, a change of occupancy permit is required. Conditions of Approval from the Building Division address this requirement. Even when changed the maximum occupancy of the showroom would remain at 587. The on -site parking requirement for public assembly use is generally 1 space per 35 square feet of seating area. The total area requested to be part of the project, including the showroom floor and roof deck, is over 20,000 square feet, which would require in excess of 700 parking spaces. However, given that there is no real seating area and most of the showroom (17,000 square feet) is dedicated to motorcycles and retail items, the actual assembly area would be significantly less. Furthermore, the only difference between an event and a busy sales day (with regard to the number of people) would be the type of occupancy (mercantile vs. assembly). Therefore, it could be foreseeable that the maximum occupancy could be attained under normal circumstances. In addition to the 99 on -site parking spaces, there is ample area off -site for street parking of vehicles, especially for motorcycles, which require much less space to park than automobiles. Furthermore, most area businesses are not open in the evening and on weekends, when most events take place. Conditions of Approval are included that regulate occupancy, access to the site, security, and emergency egress/ingress. Both the Fire Department and Building Division provided multiple comments, all of which have been incorporated as Conditions of Approval. Tattoo Under the previous Land Use Code, a 'tattoo parlor' was allowed under Use Group 19 — Goods and Services Other. This use group was allowed by right in the ML zone; however, the applicant has voluntarily included the tattoo use in their CUP application. The current Land Use Code regulates tattoo businesses as follows: • Shall not be located within one -mile of another such establishment. • Shall be located no less than 1,000 feet from a church, school, or playground. • Shall be no closer than 250 feet from a residential zone. • Shall not be located east of Interstate 805. • A CUP is required for all tattoo and body -piercing establishments. All of the above requirements are met with regard to Sweetwater Harley Davidson. Tattoo parlors are further regulated by Chapter 9.54 of the National City Municipal Code. This section refers to the San Diego County Code of Regulatory Ordinances (Department of Health) as the regulatory provisions applicable to tattoo artists, tattoo parlors and mobile tattoo vehicles within the City. Condition No. 29 requires compliance with these regulations. { ,)ncei ns with tattoo shops usually focus on community character, particularly in cases ,•crntration of such uses. However, there is currently only one other tattoo shop in the City, which is located in Westfield Plaza Bonita. In addition, the tattoo studio would be located within an existing building in an industrial area and not visible from the exterior. Department comments In addition to those mentioned above, Conditions of Approval have been included that require compliance with all Municipal Code requirements related to tattoos; and no sale, consumption, or distribution of alcohol without either modifying this CUP or obtaining necessary Alcoholic Beverage Control (ABC) daily permits (for catered events). Staff also requested calls for service data from the Police Department. There were only 3 calls for service related to parties or music since January 2007. To address potential noise or disturbance issues, condition no. 28 requires that any sound -producing equipment used for events (especially on the roof deck) be oriented away from the nearest residential area (over a quarter -mile away) and that all requirements of Title 12 of the Municipal Code related to Noise be observed. Summary The proposed use of the property as a public assembly facility is consistent with the Land Use Code with the approval of a Conditional Use Permit. The potential impacts are minimal given the remote location, since the site is within an existing building or in an area designed and used as such, and parking is available on -site and on adjacent city streets. Furthermore, the lot is surrounded by industrial uses and is near the intersection of two freeways. Likewise, a tattoo use is consistent with a motorcycle dealership, in that (according to the applicant) many patrons of this Harley Davidson dealership have and/or may be interested in tattoos. Operating a tattoo studio will allow the business to expand its offerings, thus adding to their profitability. RECOMMENDATION Approve 2011-28 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. 2. 3. 4. 5. 6. 7. 8. Recommended Findings for Approval Recommended Conditions of Approval Location Map Public Hearing Notice (Sent to 6 property owners) Notice of Exemption Site Photos Department comments Project Description Exhibit A, Case File No. 2011-28 CUP, dated 10/27/2011 MARTIN REEDER, AICP Assistant Planner RECOMMENDED FINDINGS FOR APPROVAL 2011-28 CUP, 3201 Hoover Avenue 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 upon a roof deck designed for .ail use, and since no expansion of the building is proposed. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume of traffic generated by the proposed use, since the site was developed for and has been historically been used for public assembly use, since the proposed use involves no expansion, and since a tattoo studio is not expected to draw a significant number of additional patrons. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the building is located in an industrial zone, near a freeway, and away from any residential areas. That the proposed use is deemed essential and desirable to the public convenience, since it will allow the business to expand its services, thus increasing profitability and the chances for success. RECOMMENDED CONDITIONS OF APPROVAL 2011-28 CUP, 3201 Hoover Avenue General 1. This Conditional Use Permit authorizes public assembly and a tattoo studio at 3201 Hoover Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2011-28 CUP, dated 10/27/2011. 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 City Manager or designee prior to recordation. 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. 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. 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. 6. Use of the roof deck may be continued provided that: a. No alterations, modifications, additions, or enlargements to any part of the structure may be made, including anything attached to the roof, deck, or sides of the structure, without first obtaining a building permit. b. The maximum occupancy load of the roof deck is and shall be maintained at 300 people. c. No assembly is permitted in the mercantile area and no commingling of the roof deck and mercantile area is permitted without obtaining a permit for a change in occupancy from the Building Division. d. If a change in occupancy from mercantile to mercantile/assembly use is granted, the maximum occupancy of the lower level will be nor more than 587 people. e. The applicant shall submit and have approved a floor plan showing the emergency path of travel from the roof deck, through the mercantile area, and to the public right- of-way. i. All exit doors on both floors must be available for emergency exiting from assembly areas. Fire 7. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of National Fire Protection Association (NFPA) Codes and Standards. 8. Access to the street, both entrances, and Fire Department connections for fire sprinkler systems, standpipes, etc shall be maintained at all times. 9. Fire Department access into and through event areas shall be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet. 10.Access to the building shall be maintained at all times. Access to all entrances, fire sprinkler systems, standpipes, fire hydrants, and Fire Department connections shall be maintained in all areas and at all times. 11. Event participants on foot shall move immediately to the sidewalk upon approach of any emergency vehicle(s). 12. Vehicles in the roadways are to move immediately to the right upon approach of any emergency vehicle(s). 13. Fire extinguishers shall be mounted in a visible location between 3'/z and 5 feet from the floor to the top of the extinguisher. The maximum travel distance from an extinguisher shall not be more than 75 feet. Required fire extinguishers shall not be obstructed and signs shall be posted above the extinguishers so as to indicate their exact location. 14. No cooking or heating of food (Sterno) shall be done inside of the building. 15.All linen used for this event which may include, but not be limited to, napkins, tablecloths, couches, chair covers etc., shall meet California State Fire Marshal requirements for flame spread and smoke propagation. Proof and documentation of this requirement shall be provided to the National City Fire Department prior to all events where this applies. 16.The showroom floor is designed and categorized as a mercantile occupancy. Approval shall be granted from the National City Building Official in order to use this space as assembly occupancy. 17. The allowable occupancy load shall be posted on the showroom floor per California Building Code Standards. A permanent occupancy card shall be posted on the roof top assembly area. Please contact the National City Building Official for direction and field placement. 18. Security shall be provided for events. Security shall control the occupancy load of the event and shall provide the allowable occupancy number to City Officials upon 19.A map and/or diagram shall be provided to the National City Fire Department describing the floor layouts for proposed events. Layouts shall include placement of tables, props etc. The floor plans shall also describe exits, elevator, and fire suppression systems throughout the building. 20. Exit signs shall be illuminated with green lettering per National City Ordinance and shall provide adequate direction towards available exits. 21. At no time shall tents or canopies be allowed inside of the showroom area. 22. If tents having an area in excess of 200 square feet, and/or canopies in excess of 400 square feet, or multiple tents, and/or canopies placed together equaling or exceeding the above stated areas are to be used, they shall be constructed of flame-retardant material. Tents and canopies shall have an approved State Fire Marshal seal attached. 23.A ten -foot separation distance must be maintained between tents, canopies, and/or between tents and canopies. 24. No cooking shall be permitted under tents or canopies. 25.A permit must be obtained from the Fire Department for all tents and canopies used for events. 26.The National City Fire Department may charge an after hours inspection due to events being held at Sweetwater Harley Davidson. The National City Fire and Building Departments shall review all submitted floor plans for approval. Please contact the National City Fire Department and Building Division for additional requirements and assistance. Planning 27.This approval does not include the sale, consumption, or distribution of alcohol products in association with any public or private events. No such use is permitted without modification of this Conditional Use Permit or unless appropriate short-term alcohol sales permits are procured from the Department of Alcoholic Beverage. Control (ABC) by a licensed catering company. 28. All activities on site shall conform with Title 12 of the National City Municipal Code. Any amplification or other sound producing equipment shall be oriented away from the nearest residences or residential areas. 29.AII tattooing activities shall conform with Title 9.54 of the National City Municipal Code and with Title 6, Division 6, Chapter 3 (commencing with Section 66.301) of the San Diego County Code of Regulatory Ordinances, as now in effect or as may hereafter be amended, as the regulatory provisions applicable to tattoo artists, tattoo parlors and mobile tattoo vehicles within the city of National City. 30. All tattooing and body piercing activities shall conform with Chapter 18.30.030 of the N1=9tional City Land Use Code. CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1.243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR PUBLIC ASSEMBLY AND A TATTOO STUDIO AT SWEETWATER HARLEY DAVIDSON LOCATED AT 3201 HOOVER AVENUE. CASE FILE NO.: 2011-28 CUP APN: 562-330-21 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, December 5, 2011, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Anastasia Polles) The applicant is proposing to use the Sweetwater Harley Davidson building, including the showroom, parking lot, and roof deck for public assembly uses, including banquets, parties, and car shows. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., December 5, 2011, who can be contacted at 619-336-4310 or planninq(a�nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION MYAM BABAKI Development Services Director CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2011-28 CUP Project Location: 3201 Hoover Avenue, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for public assembly use and tattoo studio within an existing commercial building on an industrial property. Applicant: Anastasia Polies 3201 Hoover Avenue National City, CA 91950 Exempt Status: Telephone Number: (619) 921-5801 Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the facility will not result in the expansion of a previously existing use. The facility will operate within an existing building without the need for expansion or intensification of use. Date: MARTIN REEDER, AICP Assistant Planner 2011-28 CUP —3201 Hoover Ave. — Sweetwater Harley Davidson — Site Photos Building Entrance looking east Rooftop deck looking west Showroom area looking south `- zrzIconvo iFY:TED CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 November 22, 2011 To: Planning Division From: Building Division Subject: Case File No. 2011-28 Sweetwater Harley Davidson 3201 Hoover Avenue The deck of the structure located at 3201 Hoover Avenue was designed and permitted for live loads as per the approved plans on July 20, 2005 by the prior Building Official, Kathleen Trees. The plans show that the deck area was approved for an assembly use. Exiting from the deck area was permitted to go through the mercantile use area and on to the public right of way. Recent Temporary Use Permits have been approved at this site with the maximum occupant load posted for the deck at 300 by the City Fire Marshal and the Building Official. Please note that the building's current exiting design from the deck/assembly use area does not meet the prescriptive emergency exiting required as per the California Building Code. However, the Building Division approves the continued use as is with the following conditions: There are to be no alterations, modifications additions or enlargements to any part of the structure. This includes anything attached or anchored to the roof, deck, or sides of the structure including but not limited to tents, canopies, shade or patio covers. If the owner of the structure is proposing modifications to the structure those modifications will require that the applicant submit plans and obtain a building permit. Alterations and modifications to the structure shall comply with the current edition of the 2010 California Building, Plumbing, Mechanical and Electrical Codes. The building code covers all California Accessibility requirements and upgrades. The maximum occupant load is to be maintained at 300. As the building is now permitted there is to be no commingling of the deck and mercantile area since they are two distinct use areas. The first level of the struct. «s approved for mercantile use only with a maximum occupant load of 587. Currently the mercantile area can not be used as an assembly use. owever, the applicant can apply for a permit to change the occupancy use to a mercantile/assembly use. The cost of this permit is $623.00. Requirements would be that the mercantile area be installed with a fire alarm, sprinkler system and that all exit doors contain panic hardware. The owner has stated to the Building Division that all these requirements are already in place. This would allow an assembly use of 587 at +"n Irwer level and an assembly use of 300 at the deck area. At no time would each .isiiective area be allowed to be over the maximum occupancy load. Approval by the Fire Marshal and Building Official is required showing a floor plan with the emergency path of travel from the deck area through the mercantile area and to the public right of way. All exit doors on both floors must be available for emergency exiting from the deck/assembly area. If you have any questions regarding this matter please contact me at 619-336-4214, thank you. Luis Sainz, C.B.O., C Building Official City of National City Fire Department Phone (619) 336-4550 PLANNING DEPRATMENT CUP REQUIREMENTS DATE: November 22, 2011 TO: Martin Reeder FROM: Robert Hernandez, Fire Marshal SUBJECT: CUP Sweetwater Harley Davidson Stipulations required by the Fire Department for this CUP are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Department access into and through the event areas are to be maintained at all times to meet code. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet 3) Access to Sweetwater Harley Davidson to be maintained at all times. Access to all entrances, fire sprinkler systems, standpipes, fire hydrants and fire department connections shall be maintained inside and out 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) Fire extinguisher to be mounted in a visible location between 3'/z`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. Required fire extinguishers shall not be obstructed. Signs shall be posted above fire extinguishers so as to describe exact location 7) No cooking or heating of food (Sterno) shall be done inside of the building 8) All linen used for this event which may include, but not limited to, napkins, table cloths, couches, chair covers etc., shall meet California State Fire Marshal requirements for flame spread and smoke propagation. Proof and documentation of this requirement shall be provided to the National City Fire Department prior to all events where this applies 9) As the showroom floor is designed and categorized as a mercantile occupancy, approval shall be requested from the National City Building Official to use this space as assembly occupancy 10) An occupancy load shall be acquired and posted in the showroom floor to meet California Building Standards. A permanent occupancy card shall be posted on roof top assembly area currently posted. Please contact the National City Building Official for direction 11) Security shall be provided for events. Security shall control the occupancy load of the event, and shall upon request, provide City Officials this number when asked 12) Maps / Diagrams shall be provided to the National City Fire Department describing floor layouts for proposed parties. Layouts shall include placement of tables, props etc. Floor plans shall also describe exits, elevator and fire suppression systems throughout the building. 13) Exit signs shall be illuminated with green lettering per National City Ordinance. Exit signs shall provide adequate direction leading to available exits 14) At no time shall tents or canopies be allowed inside of showroom floor. If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant. Tents or canopies shall have an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. Cooking shall not be permitted under tents or canopies. A permit from the Fire Department must be obtained nobles: Tents: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 15) The National City Fire Department may charge an after hour inspection due to parties being held at Sweetwater Harley Davidson. The National City Fire and Building Departments shall review all submitted floor plans for approval. Please contact the National City Fire and Building Departments for additional requirements and assistance If you have any questions please feel free to contact me. Project Description: The purpose of this request is to obtain a Conditional Use Permit so the flow of our business is much smoother as far as events and last minute event requests are concerned. �me cases, we have not been able to host fundraising events (Diabetes, Cancer, Boys Club etc) due to the TUP application cut off dates. These events help our community raise money for their specific needs. We employ 38 people, full and part time at Sweetwater IID and we are opened seven days a week. Our hours of operation are as follows: Sunday 9:00 to 5:00 Monday 9:00 to 5:00 Tuesday 7:00 to 6:00 Wednesday 7:00 to 6:00 Thursday 7:00 to 6:00 Friday 7:00 to 6:00 Saturday 9:00 to 6:00 BUILDING AND SAFETY DEPT. RECEIVED NOV i 7 REC'D NATIONAL CITY, CALIF. As you know, we are in an industrial location so our events do not impact our neighbors. The events are either at the close of business or on the weekend when the neighboring businesses arc closed. Please see below for events we are seeking approval for. 1. Community Service Events 2. Poker runs and Blackjack runs 3. Showroom, Parking Lot and Roof deck parties (entire site) 4. Usage of dance floors, jumpers, indoor/outdoor furniture, tents, canopies, music (live band, DJ) 5. Car and Motorcycle Shows 6. Strong Man Competition 7. Boxing/wrestling matches 8. Bikini Bike Washes 9. Bike games such as the Slow Race, Bean Bag Toss etc 10. Biker Breakfasts 11. Fundraisers 12. Tattoo Facility if you need explanation on the event or events above, please do not hesitate to contact Anastasia at 619-921-5801 or Marianna at 619-921-6200. RESOLUTION NO. 31-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR PUBLIC ASSEMBLY AND A TATTOO STUDIO AT SWEETWATER HARLEY DAVIDSON LOCATED AT 3201 HOOVER AVENUE. CASE FILE NO. 2011-28 CUP APN: 562-330-21 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use • Permit for public assembly and a tattoo studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue at a duly advertised public hearing held on December 5, 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. 2011-28 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 December 5, 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 upon a roof deck designed for such use, and since no expansion of the building is proposed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume of traffic generated by the proposed use, since the site was developed for and has been historically been used for public assembly use, since the proposed use involves no expansion, and since a tattoo studio is not expected to draw a significant number of additional patrons. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the building is located in an industrial zone, near a freeway, and away from any residential areas. That the proposed use is deemed essential and desirable to the public convenience, since it will allow the business to expand its services, thus increasing profitability and the chances for success. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes public assembly and a tattoo studio at 3201 Hoover Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2011-28 CUP, dated 10/27/2011. 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 City Manager or designee prior to recordation. 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. 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. 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. 6. Use of the roof deck may be continued provided that: a. No alterations, modifications, additions, or enlargements to any part of the structure may be made, including anything attached to the roof, deck, or sides of the structure, without first obtaining a building permit. b. The maximum occupancy load of the roof deck is and shall be maintained at 300 people. c. No assembly is permitted in the mercantile area and no commingling of the roof deck and mercantile area is permitted without obtaining a permit for a change in occupancy from the Building Division. d. If a change in occupancy from mercantile to mercantile/assembly use is granted, the maximum occupancy of the lower level will be nor more than 587 people. e. The applicant shall submit and have approved a floor plan showing the emergency path of travel from the roof deck, through the mercantile area, and to the public right- of-way. f. All exit doors on both floors must be available for emergency exiting from assembly ureas. Fire 7. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of National Fire Protection Association (NFPA) Codes and Standards. 8. Access to the street, both entrances, and Fire Department connections for fire sprinkler systems, standpipes, etc shall be maintained at all times. 9. Fire Department access into and through event areas shall be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet. 10.Access to the building shall be maintained at all times. Access to all entrances, fire sprinkler systems, standpipes, fire hydrants, and Fire Department connections shall be maintained in all areas and at all times. 11. Event participants on foot shall move immediately to the sidewalk upon approach of any emergency vehicle(s). 12. Vehicles in the roadways are to move immediately to the right upon approach of any emergency vehicle(s). 13. Fire extinguishers shall be mounted in a visible location between 3'% and 5 feet from the floor to the top of the extinguisher. The maximum travel distance from an extinguisher shall not be more than 75 feet. Required fire extinguishers shall not be obstructed and signs shall be posted above the extinguishers so as to indicate their exact location. 14. No cooking or heating of food (Sterno) shall be done inside of the building. 15.AII linen used for this event which may include, but not be limited to, napkins, tablecloths, couches, chair covers etc., shall meet California State Fire Marshal requirements for flame spread and smoke propagation. Proof and documentation of this requirement shall be provided to the National City Fire Department prior to all events where this applies. 16.The showroom floor is designed and categorized as a mercantile occupancy. Approval shall be granted from the National City Building Official in order to use this space as assembly occupancy. 17.The allowable occupancy load shall be posted on the showroom floor per California Building Code Standards. A permanent occupancy card shall be posted on the roof top assembly area. Please contact the National City Building Official for direction and field placement. 18. Security shall be provided for events. Security shall control the occupancy load of the event and shall provide the allowable occupancy number to City Officials upon request. 19.A map and/or diagram shall be provided to the National City Fire Department describing the floor layouts for proposed events. Layouts shall include placement of tables, props etc. The floor plans shall also describe exits, elevator, and fire suppression systems throughout the building. 20. Exit signs shall be illuminated with green lettering per National City Ordinance and shall provide adequate direction towards available exits. 21. At no time shall tents or canopies be allowed inside of the showroom area. 22. If tents having an area in excess of 200 square feet, and/or canopies in excess of 400 square feet, or multiple tents, and/or canopies placed together equaling or exceeding the above stated areas are to be used, they shall be constructed of flame-retardant material. Tents and canopies shall have an approved State Fire Marshal seal attached. 23.A ten -foot separation distance must be maintained between tents, canopies, and/or between tents and canopies. 24. No cooking shall be permitted under tents or canopies. 25.A permit must be obtained from the Fire Department for all tents and canopies used for events. 26. The National City Fire Department may charge an after hours inspection due to events being held at Sweetwater Harley Davidson. The National City Fire and Building Departments shall review all submitted floor plans for approval. Please contact the National City Fire Department and Building Division for additional requirements and assistance. Planning 27. This approval does not include the sale, consumption, or distribution of alcohol products in association with any public or private events. No such use is permitted without modification of this Conditional Use Permit or unless appropriate short-term alcohol sales permits are procured from the Department of Alcoholic Beverage Control (ABC) by a licensed catering company. 28. All activities on site shall conform with Title 12 of the National City Municipal Code. Any amplification or other sound producing equipment shall be oriented away from the nearest residences or residential areas. 29.AI1 tattooing activities shall conform with Title 9.54 of the National City Municipal Code and with Title 6, Division 6, Chapter 3 (commencing with Section 66.301) of the San Diego County Code of Regulatory Ordinances, as now in effect or as may hereafter be amended, as the regulatory provisions applicable to tattoo artists, tattoo parlors and mobile tattoo vehicles within the city of National City. 30. All tattooing and body piercing activities shall conform with Chapter 18.30.030 of the National City Land Use Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5.00 p.m. on the day of that City Council meeting. The City Council may, at that .n., i , , 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 December 5, 2011, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: DeLaPaz, Farias, Alvarado, Pruitt, Reynolds, Flores Rana CHAIRMAN z O cm rn ;>"l fi oFFce 0 ce ,lln y.,anj C 1 0 S4aly Case. [IP �u�oC EXHIBIT A CASE FILE NO. 2011-28 CUP DATE: 10/27/2011 7:Af DO Tuffo0 ({cci on rtvz 5 EYr. c C k r CS. :TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT January 10th, 2012 AGENDA ITEM NO. 36 ITEM TITLE: ;Authorize the reimbursement of Community Development Commission expenditures in the amount Li .02u0, 1 1.3u is the City of National City for the period of 11/09/11 through 11/15/111 PREPARED BY: K. Apalategui DEPARTMENT: Finan PHONE: 1619-336-4331 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: APPROVED: ACCOUNT NO. APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $200,111.39 ENVIRONMENTAL REVIEW: 1 N/PN ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: i4ccept and File. BOARD / COMMISSION RECOMMENDATION: !N/A ACHMENTS: NNarrants for the period of 11/09/11 through 11/15/11 N COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #20 11/15/2011 PAYEE BEST BEST & KRIEGER LLP DTSC EQUIFAX INFORMATION SVCS GEOSYNTEC CONSULTANTS INC KANE BALLMER & BERKMAN MAINTEX INC PRO BUILD S D UNIFIED PORT DISTRICT SAN DIEGO CLIPPING SERVICE SAN DIEGO COUNTY RECORDER SAN DIEGO TROLLEY INC STAPLES ADVANTAGE WESTFLEX INDUSTRIAL DELTA CARE USA HARRIS & ASSOCIATES INC TYLER TECHNOLOGIES, INC PAYROLL Pay period Start Date 23 10/18/2011 DESCRIPTION LEGAL SERVICES THROUGH 2/28/11 NATIONAL CITY PUBLIC WORKS YARD EQUIFAX INFO SVCS / SEC 8 CONSULT SVCS THROUGH 7/31/2011 LEGAL SERVICES THROUGH 10/31/11 4 CORNER TURKISH TOWELS / NSD MOP# 45707. PAINTING SUPPLIES/ NSD EXPERT & CONSULTING CDC CLIPPING SERVICE - REDEV RECONVEYANCE OF LOANS - CDC TROLLEY FLAGGING SERVICES / NSD MOP# 45704. OFFICE SUPPLIES/ NSD MOP# 63850. SUPPLIES / NSD PM! DENTAL INS DELTACARE NOV'11 SERVICES THROUGH 10/31/2011 FIN SYSTEMS SOFTWARE SERVICES OTHER DISBURSEMENTS PAID WrrII CDC FUNDS SECTION 8 HAPS PAYMENTS End Date 10/31/2011 Start Date 11/9/2011 Check Date 11/9/2011 CHK NO DATE AMOUNT 244439 11/15/11 108,009.13 244440 11/15/11 4,799.40 244441 11/15/11 69.84 244442 11/15/11 3,290.15 244443 11/15/11 517.50 244444 11/15/11 319.53 244445 11/15/11 303.88 244446 11/15/11 30.00 244447 11/15/11 81.75 244448 11/15/11 68.00 244449 11/15/11 59.60 244450 11/15/11 20.86 244451 11/15/11 33.44 244472 11/15/11 1.62 244485 11/15/11 9,317.00 244515 11/15/11 600.00 A/P Total $ 127,521.70 72,589.69 Total disbursements paid with City's Funds $ 200,111.39 End Date 11/15/2011 4,829.73 GRAND TOTAL $ 204,941.12 STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT January 10t", 2012 AGENDA ITEM NO.37 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount o $251,895.20 to the City of National City for the period of 11/16/11 through 11/22/11 PREPARED BY: IK. Apalategui PHONE: 619-336-43311 DEPARTMENT: APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $257,895.20 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: 'N/A 'ACHMENTS: Warrants for the period of 11/16/11 through 11/22/11 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #21 11/22/2011 PAYEE CA ASSOC OF CODE ENFORCEMENT CHRISTENSEN & SPATH LLP CITY OF SAN DIEGO DTSC GEOSYNTEC CONSULTANTS INC SAN DIEGO HABITAT FOR HUMANITY SDG&E THE SOHAGI LAW GROUP PLC DESCRIPTION PLANNING AND ZONING COURSE LEGAL SVCS / T&T COMMUNITIES ENTERPRISE ZONE PROGRAM -1ST QTR PYMNT/ ENVIRONMENTAL OVERSIGHT 835 BAY MARINA DRIVE - 10/31/11 PROJECT DRAWDOWN REQUEST GAS AND ELECTRIC UTILITIES / CDC LEGAL SVCS / OCT 2011 CHK NO DATE AMOUNT 244540 11/22/11 65.00 244541 11/22/11 4,972.50 244542 11/22/11 12,125.00 244543 11/22/11 37,492.00 244544 11/22/11 3,252.29 244545 11/22/11 174, 366.29 244546 11/22/11 84.97 244547 11/22/11 25, 537.15 AJP Total $ 257 895.20 Total disbursements paid with City's Funds $ 257,895.20 GRAND TOTAL $ 257,895.20 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT January 10th, 2012 AGENDA ITEM NO 38 ITEM TITLE: lAuthorize the reimbursement of Community Development Commission expenditures in the amount o : 126,839.84 to the City of National City for the period of 11/23/11 through 11/29/11, PREPARED BY: K. Apalategui, DEPARTMENT: 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: APPROVED: ACCOUNT NO. APPROVED: pprove the reimbursement of funds to the City of National City in the amount of $126,839.841 ENVIRONMENTAL REVIEW: N/AN ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: Warrants for the period of 11/23/11 through 11/29/11 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #22 11/29/2011 PAYEE DESCRIPTION CHK NO DATE AMOUNT POWER PLUS EQUIPMENT RENTAL / CDC 244634 11/29/11 195.00 S D COUNTY VECTOR CNTRL PROGRAM ASSESSMENT FOR FY 2011-2012 / CDC 244635 11/29/11 649.02 SAFDIE RABINES ARCHITECTS PROFESSIONAL SERVICES AGREEMENT 244636 11/29/11 44,986.71 SD COUNTY TREASURER POSSESSORY INTEREST TAX BILL 244637 11/29/11 8,549.68 SDG&E GAS AND ELECTRIC UTILITIES / CDC 244638 11/29/11 99.47 SWEETWATER AUTHORITY WATER UTILITIES / CDC 244639 11/29/11 484.20 VERIZON WIRELESS VERIZON CELL PHONE SVCS / SEC 8 244640 11/29/11 274.83 CITY OF NATIONAL CITY PETTY CASH REPLENISHMENT SEP11 244648 11/29/11 29.66 AIP Total $ 55,268.57 PAYROLL Pay period Start Date End Date Check Date 24 11 /1 /2011 11 / 14/2011 11/23/2011 IER DISBURSEMENTS PAID WITH CDC FUNDS SECTION 8 HAPS PAYMENTS Start Date 11 /23/2011 71,571.27 Total disbursements paid with City's Funds $ 126,839.84 End Date 11/29/2011 6,337.27 GRAND TOTAL $ 133,177.11 !TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT January 10, 2012 AGENDA ITEM NO. 39 ITEM TITLE: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY DESIGNATING THE REPRESENTATIVES AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CDC MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY. PREPARED BY: Teresa Mendoza PHONE: 619-336-4332 DEPARTMENT: ' Financ APPROVED EXPLANATION: As a result of the recent reorganization, the CDC's authorized representatives must be updated to remove Jeanette Ladrido, Finance Director and replaced by Tina Norrdin as the new Financial Services Officer. The proposed resolution would concurrently designate Chris Zapata, City Manager, Brad Raulston, CDC Executive Director, Leslie A. Deese, Assistant City Manager and Tina Norrdin, Financial Services Officer as the CDC's representatives authorized to perform these functions. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: N/A BOARD / COMMISSION RECOMMENDATION: N/A rACHMENTS: 1. Resolution RESOLUTION NO. 2012 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") DESIGNATING THE REPRESENTATIVES AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CDC MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY OF NATIONAL CITY BE IT RESOLVED by the Community Development Commission of the City of National City ("CDC") that the following CDC representatives shall be authorized to order the deposit and withdrawal of monies with financial institutions on behalf of the Community Development Commission of the City of National City: Chris Zapata, City Manager Leslie Deese, Assistant City Manager Brad Raulston, CDC Executive Director Tina Norrdin, Finance Services Officer PASSED and ADOPTED this 10th day of January, 2012. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Counsel Ron Morrison, Chairman CITY OF NATIONAL CITY, CALIFORNIA NATIONAL CITY HOUSING AUTHORITY COUNCIL AGENDA STATEMENT :TING DATE: January 10, 2012 AGENDA ITEM NO. 40 ITEM TITLE: Resolution of the National City Housing Authority accepting the transfer of the housing assets and functions of the Ccmmunity Development Commission of the City of National City under Part 1.85 of Division 24 of the Health and Safety Code subject to reservations herein stated PREPARED BY: Claudia Gacitua Silva PHONE: EXPLANATION: Ext. 4222 DEPARTMENT: APPROVED BY: ity Attorney ABx1 26 dissolves redevelopment agencies as of February 1, 2012. The City of National City established a Housing Authority in 1975 to perform housing authority functions. ABx1 26 allows the continuance of such operation and a transfer of the assets to the Housing Authority. This resolution authorizes such a transfer to occur. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: ,posed resolution RESOLUTION NO. 2012 — 01 RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ACCEPTING THE TRANSFER OF THE HOUSING ASSETS AND FUNCTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY UNDER PART 1.85 OF DIVISION 24 OF THE HEALTH AND SAFETY CODE SUBJECT TO RESERVATIONS HEREIN STATED WHEREAS, the City of National City formed the Community Development Commission of the City of National City ("CDC"), which has continuously engaged in both redevelopment activities under the Community Redevelopment Law (Health and Safety Code sections 33000, et seq.) ("CRL") and housing authority activities under the Housing Authority Law (Health and Safety Code sections 34200, et seq.); and WHEREAS, at the time the City of National City formed the CDC, the City also established the Housing Authority of the City of National City (Ordinance No. 1484, dated October 14, 1975); and WHEREAS, the Redevelopment Agency of the City of National City ("Agency") was established by Ordinance No. 1164, dated April 11, 1967; and WHEREAS, the CDC was established to enable both the Agency and the Housing Authority to operate under a single board and single entity; and WHEREAS, Sections 33334.2 and 33334.3 of the CRL require the Agency to use not less than 20 percent of taxes allocated to the Agency pursuant to Section 33670 of the CRL for the purpose of increasing, improving, and preserving the community's supply of low and moderate income housing ("Low and Moderate Income Housing Fund"); and WHEREAS, the CDC has continuously utilized its Low and Moderate Income Housing Fund for the purpose of increasing, improving and preserving the community's supply of low- and moderate -income housing available at affordable housing cost; and WHEREAS, by enactment of Part 1.85 of Division 24 of the Health and Safety Code, subject to all reservations herein stated, the Agency, but not the CDC, is subject to dissolution on February 1, 2012 such that the Agency shall be deemed as a former redevelopment agency under Health and Safety Code section 34173(a); and WHEREAS, the dissolution of the Agency is limited to the dissolution of the redevelopment activities and does not affect or impair the Housing Authority or the CDC; and WHEREAS, pursuant to Part 1.85 of Division 24 of the Health and Safety Code, the City Council of the City of National City has duly adopted Resolution No. 2012-16 ("Resolution"), subject to all reservations therein stated, designating that the Authority receive a transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Agency upon the dissolution of the Agency, including enforcement of affordability covenants and performance of related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000), including, but not limited to, Section 33418; and Resolution No. 2012 — 1 January 10, 2012 Page Two WHEREAS, the City Council of the City of National City adopted the .Resolution, subject to the express reservation of rights of the City of National City, CDC, Agency, and Authority under law and/or equity, including without limitation the effectiveness of Assembly Bill No. 26 (2011-2012 1st Ex. Sess.) ("AB 1x 26") (collectively, "Laws"); and WHEREAS, subject to all reservations herein stated and pursuant to Part 1.85 of Division 24 of the Health and Safety Code, the Authority desires to accept the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Agency upon the dissolution of the Agency, including enforcement of affordability covenants and performance of related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000), including, but not limited to, Section 33418; and WHEREAS, the Authority does not intend, by adoption of this resolution, to waive any constitutional and/or legal rights under law and/or equity, including without limitation the effectiveness of AB 1x 26, by virtue of the adoption of this resolution and, therefore, reserves all of its rights under Laws to challenge the applicability of AB 1 x 26 to the City of National City, CDC, Agency, and Authority in any administrative or judicial proceeding; and WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred; and WHEREAS, the Authority hereby finds and determines that the foregoing recitals are true and correct. NOW, THEREFORE, BE IT RESOLVED BY THE NATIONAL CITY HOUSING AUTHORITY AS FOLLOWS: 1. Subject to all reservations herein stated and pursuant to Part 1.85 of Division 24 of the .Health and Safety Code, the Authority accepts the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Agency upon the dissolution of the Agency, including enforcement of affordability covenants and performance of related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000), including, but not limited to, Section 33418. 2. The Executive Director is hereby authorized to make all notifications of such acceptance, as deemed necessary under Part 1.85 of Division 24 of the Health and Safety Code and to execute all documents and take all actions necessary and convenient to carry out and implement the transfer to the Authority of the rights, powers, assets, duties and obligations associated with the housing activities of the Agency and to administer the Authority's obligations, responsibilities and duties to be performed thereunder. 3. This resolution shall take effect immediately upon its adoption. --- Signature Page to Follow --- Resolution No. 2012 — 1 January 10, 2012 Page Three PASSED and ADOPTED this 10th day of January, 2012. Ron Morrison, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva Authority General Counsel ITEM # 41 1-10-12 GRANTS STATUS REPORT (HOUSING & GRANTS) ITEM # 42 1/10/12 SPICE UPDATE (POLICE/CODE ENFORCEMENT) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 10, 2012 AGENDA ITEM NO. 43 M TITLE: REPORT: California Supreme Court Decision regarding ABx1 26 and ABx1 27 Pft6Fpuit .., �iaudia Gacitua Silva DEPARTMENT: C , Attor PHONE: Ext. 4222 EXPLANATION: Please see attached report. APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: File. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ort Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad D,' n: "tins Rosalie Zarate Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Report on California Supreme Court Decision regarding ABx1 26 and ABx1 27 City Attomey Claudia Gacitua Silva Legal Counsel George H. Eiser, 111 Senior Assistant City Attorney Jodi L. Doucette DATE: January 5, 2012 On December 29, 2011, the Supreme Court of California issued its ruling on the two recently enacted bills directly affecting redevelopment. Overall, this decision results in the elimination of redevelopment agencies, as of February 1, 2012. By way of background, the state legislature adopted two bills: ABx 1 26 (the elimination of redevelopment) and ABx1 27 (the voluntary participation for continuation). Legal challenges to these bills ensued. The Supreme Court has ruled that the state legislature was within their legal authority to abolish redevelopment (ABx1 26). Thus, the bill eliminating all redevelopment agencies and establishing the successor agencies to wind down the affairs of redevelopment is valid. The bill, however, providing the ability for a city to pay for an agency's continued existence (ABx1 27) has been held invalid. Accordingly, there is no ability to pay for an agency to continue its existence. (A prior memorandum reviewing the two bills is attached for your reference). The most immediate effect is that redevelopment agencies cease to exist as of February 1, 2012. The successor agency (the City) and an oversight board will oversee the winding down of affairs and the liquidation of agency assets for distribution to counties, school districts, and other local public agencies. In addition to the oversight board, the County Auditor and State Department of Finance will also have roles of review. While ABx1 26 did provide that enforceable obligations would continue to be paid through the successor agency, oversight boards and state agencies will have the authority to review those obligations. Importantly, the definition of enforceable obligations changes effective February 1, 2012. The change of definition most directly affects agreements between the City and the CDC. Based on the definition effective February 1, 2012, some of the agreements between the City and the CDC may stay in effect, others may not. All agreements listed on the Enforceable Obligations Payment Schedule will be reviewed to determine the effect of the changed definition. Any amendments to the Enforceable Obligations Payment Schedule will be before you on January 24, 2012. There are a series of actions and key deadlines to be aware of in regard to this ruling and the legislation. This list highlights some milestones, but is not exhaustive. 1243 National City Boulevard; National City, California 91950-4301 Tel: (619) 336.4220 Fax: (619) 336.4327 There are a series of actions and key deadlines to be aware of in regard to this ruling and the legislation. This list highlights some milestones, but is not exhaustive. .lanuary 13, 2012 Election of community sponsor to serve as successor agency. January 13, 2012 Election by community sponsor or housing authority to retain redevelopment agency housing assets and assume housing responsibilities. February 1, 2012 Redevelopment agency dissolved. L February 1, 2012 Authority, rights, powers, duties and obligations now vested in successor agency. February 1, 2012 Enforceable Obligation Payment Schedule re -adopted by successor agency; creation of Redevelopment Obligation Retirement Fund by successor agency; creation of redevelopment property tax trust fund by County Auditor -Controller. February 1, 2012 Transfer of all assets (properties, contracts, leases, buildings, equipment, cash, cash equivalents) to successor agency for administration of obligations and wind down pursuant to ABx 1 26. March 1, 2012 Successor agency prepares draft Recognized Obligation Payment Schedule. April 15, 2012 Preparation and certification by successor agency of Recognized Obligation Payment Schedule. May 1, 2012 Appointment of members to Oversight Committee. Given the fluidity of the environment, we expect further infoiuiation to evolve in an on -going quick fashion. As such information develops, we will keep the o ncil info ed. CLA City Att CGS/gm LV A • Page 2 (Page 258 of 439) A F1 vnu may recall from the staff presentation on July 5, 2011, as of June 29, 2011, ABx1 26 Community Development Commission of the City of National City (Agency) from the following actions: - Incurring indebtedness - Making loans or grants - Entering into contracts Amending existing agreements, obligations, or commitments Renewing or extending leases or other agreements - Transferring funds out of the Low and Moderate Income Housing Fund - Disposing of or transferring assets - Approving any program, project, or expenditure Should the City decide to not participate in the alternative voluntary redevelopment program (discussed further below), then these prohibitions would remain in place until the agency expires on October 1, 2011. Thereafter, as of October 1, 2011, a successor agency would be established. The City would become the successor agency, unless it decides otherwise. The successor agency would be overseen by an oversight board. The oversight board would be overseen by the State Department of Finance. The primary purpose of the successor agency would be to continue paying agency financial obligations (enforceable obligations) and dispose of its assets. Moreover, the oversight board has the discretion to direct the successor agency to accelerate the disposal of assets and terminate agreements early. The monies realized as a result of these actions would be transferred to the County for disbursement to the taxing entities. As an alternative to dissolution, the State adopted ABx1 27. ABx1 27 allows agencies to opt into continued existence and cease the application of ABx1 26 (dissolution). ABx1 27, as described earlier, is a "pay to play" type statute. ABx1 27 is self -described as the "alternative voluntary redevelopment program." A city decides whether it wants to participate in the voluntary program. If the City of National City decides it wants to participate in the alternative voluntary redevelopment program, then the City would need to adopt an ordinance exercising such option. A proposed ordinance for introduction is part of this agenda item, should the Council decide to move forward with continuing the redevelopment agency. It should be noted that the ordinance contains a reservation of rights, given the likely legal challenges to the legislation. While an agency is a separate legal entity, it is the City that would adopt the ordinance agreeing to make the annual payments. Thereafter, the City and the agency would enter into an agreement to transfer a portion of agency tax increment to the City, in an amount not to exceed the annual remittance amount. If the City decides to participate in the alternative voluntary redevelopment program, then staff would return with such an agreement for Council and agency approval. By August 1, 2011, the State Department of Finance must publish the FY 2012 amounts which must be paid by each redevelopment agency that chooses to participate in the alternative voluntary redevelopment program. The deadline to appeal is August 15, 2011. The legislation ..n Staff Report: Alternative Voluntary (Page 257 of 439) Staff Report on ABx1 26 and ABx1 27 Seeking Council Direction on Whether to Participate in the "Alternative Voluntary Redevelopment Program" And Proposed Ordinance for Introduction Authorizing City Participation in "Alternative Voluntary Redevelopment Program" Introduction This agenda item asks the Council to provide direction and take action, if appropriate, regarding whether to continue as a redevelopment agency (the Community Development Commission of the City of National. City) or allow the agency to dissolve. This issue arises because of the State's two budget trailer bills that were adopted as part of the State budget for this fiscal year. Recommendation Staff recommends the City Council take the following action: 1. Approve the continuation of the redevelopment agency, which includes agreementto pay the State approximately $4.8 million this year and approximately $1.1 million annually thereafter, because the benefits provided to the community from the redevelopment agency could not continue in the absence of a redevelopment agency and staff has identified potential funding streams to make the annual payments; and, 2. Introduce the Ordinance Authorizing City Participation in the "Alternative Voluntary Redevelopment Program" established by ABx1 27_ Background As part of the Legislature's enactment of the State's FY 2012 budget, two bills (ABx1 26 and ABx1 27) were passed which significantly affect redevelopment agencies. ABx1 26 dissolves redevelopment agencies and ABx1 27 allows redevelopment agencies to continue in existence upon a city's promise to pay the State money. ABxl' 26 immediately limits agencies' ability to operate and completely dissolves all redevelopment agencies effective October 1, 2011. ABx1 27 allows redevelopment agencies to avoid dissolution by having sponsoring jurisdictions (i.e., the City of National City) pass an ordinance opting into an alternative voluntary redevelopment program which requires substantial annual contributions to the state for local schools and special districts. The current rough estimate for the City of National City for these annual contributions is estimated at $4.8 million the first year and roughly $ 1.1 million thereafter. The State anticipates that if all California redevelopment agencies opted to join the alternative voluntary redevelopment program it would contribute $1.7 billion towards meeting the State's fiscal year 2012 deficit. Currently, ABx1 26, which is the dissolution statute, is in effect. Thus, the agency is very limited in what actions it may take. 1 Staff Report: Alternative Voluntary Redevelopment Program (Page 259 of 439) provides that an appeal can be made only if there is an error in the payment calculations or if the Pgen^y's tax increment revenue has declined ten percent or more as a percentage of its tax lebt service and interest payments. As tax allocation. debt has increased this year, if :es to participate in the voluntary alternative redevelopment program, staff would seek City Council and/or CDC authorization to move forward with an appeal. Whether this appeal will successfully lower the assessed payment is unknown at this time. Discussion ABx1 26 does not allow redevelopment agencies to continue to function, except for under certain narrow parameters, until October 1, 2011. The agency would cease to exist as of October 1, 2011. ABx1 27 is the only current method to continue operations. Thus, the City must decide whether to allow the agency to dissolve, as provided in ABx 126, or to allow the agency to continue existence in compliance with the payments due under ABx 1 27. The following provides an overview of the effects of each decision. Dissolution Should the agency not continue under ABx1 27, then pursuant to ABx 1 26, the following would occur as of October 1, 2011: All fund balances, including the recently issues bond proceeds, would be turned over to a successor agency, minimally approximated at $40 Million as of June 30, 2011. In addition, fund balances for multiyear capital projects would be at risk of transfer. Any capital projects not funded through the recently issued 2011 Tax Allocation Bond or under an existing contractual obligation would not move forward. Those projects include: o Gateway Retail Center (SudberryLowe's) o Senior Village Expansion and Enhancement o Marina Gateway improvements o Purple Cow Housing Project o _ WI-TOD Phase 2 o Casa de Salud Improvements o Playhouse on Plaza o Plaza Boulevard Widening o Highland Avenue Safety Improvements o Street and Community Corridor Improvements o Park and Facility Improvements All affordable housing tax increment ($ 2 Million annually) would no longer be received, () 3 Staff Report: Alternative Voluntary Redevelopment Program (Page 260 of 439) except to pay off existing debt. All agency properties would be turned over to the successor agency for probable sale. The agency owned properties have an estimated value of $10 million. Proceeds from any property sale, not already part of an enforceable agreement, would be transmitted to the County for distribution to the taxing entities. - No new economic development, infrastructure or other projects could be initiated. The City would see an increase in property taxes to the general fund of approximately $1 million however the tax increment fund currently funds $3.4 million ($1.75 personnel, $1.65 maintenance and operations) in operating expenses in support of redevelopment activities that would have to be absorbed by another fund or eliminated. Participation in the Voluntary Alternative Redevelopment Program While the alternative voluntary redevelopment program payments may severely impact the agency's ability to operate, the existing bond proceeds and any new property tax revenues will remain under the control of the Community Development Commission, as opposed to the control of an oversight board. In addition, the agency's affordable housing funds would remain intact and available to fund local affordable housing activities. Adopting an ordinance opting into the ABxl 27 legislation allows the agency to continue its redevelopment functions. Staffhas identified the following possible funding sources to pay the annual amounts. The estimated $4.8 million continuation payment in FY 11-12 is an obligation of the City but could be backfilled by several redevelopment funding sources. Low/Mod Housing Funds can be used only for the FY11-12 payment and can contribute approximately $2 million. Shifting budgeted capital funding from tax increment to bond proceeds can contribute an additional $800,000..Using.capitalized interest from the bond proceeds to make debt service payments on the bonds, frees up tax increment funds that can contribute approximately $1.3 million. Existing fund balances and operating transfers will make up the remaining FY 11-12 continuation payment if needed. The ongoing payment in subsequent years estimated at $1.1 million can be backfilled from tax increment revenues made available from capitalized interest debt service payments and operating savings. As stated earlier, we do not yet know whether the estimated amount due would be reduced after an appeal. However, the State Director of Finance is directed to issue a final determination after an appeal of the actual required payment amount in mid -September. Once the final number is known, staff can return with a complete report on the scheduled payments and the impacts on future agency finances and programming along with a budget adjustment for the initial payment. Options for Council Consideration and Direction 1. Allow redevelopment to cease as provided in ABx1 26. 2. Decide to participate in ABx1 27's alternative voluntary redevelopment program. 3. If the decision is to participate in the alternative program, then staff suggests introduction of the ordinance accompanying this item. 4(k.) StaffRepon: Alternative Voluntary ITEM # 44 1/10/12 CLOSED SESSION REPORT (CITY ATTORNEY)