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HomeMy WebLinkAbout2012 02-07 CC CDC AGENDA PKTAgenda Of A Regular Meeting — National City City Council/ Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — February 7, 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 Successor Agency to the Community Development Commission (CDC) as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City 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 Successor Agency to the Community Development Commission (CDC) as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City 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 Successor Agency to the Community Development Commission (CDC) as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City action must be brought back on a subsequent Council or Successor Agency to the Community Development Commission (CDC) as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned off During City Council Meetings City Council/Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City CITY COUNCIL CONSENT CALENDAR 02/07/2012 - Page 2 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 Counciimember, a staff member, or a member of the public. 1. Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission/Housing Authority Meeting of January 24, 2012. (City Clerk) 2. 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) 3. Resolution of the City Council of the City of National City awarding a contract to Sadie Construction, Inc. in the amount of $84,475 for the Citywide Bus Bench - Shelter project, Specification Number 11-05, authorizing a 10% contingency in the amount up to $8,447 for unforeseen changes, and authorizing the Mayor to execute the contract. (Funded by Prop 1 B funds). (Engineering) 4. Resolution of the City Council of the City of National City authorizing the Mayor to execute Amendment No. 2 to the SANDAG TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 for the 8th Street Corridor Smart Growth Revitalization Project. (Development Services/Engineering) 5. Resolution of the City Council of the City of National City amending the 2008 National City Fee Schedule to increase the Ticket Sign -Off Fee from $0 to $10 as a reasonable cost of the National City Police Department performing such service. (Police) 6. Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase from PCS Mobile for the Police and Fire Mobile Data Computers (MDC) for an amount not to exceed $220,000.00. (Administrative Services) City Council/Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City 02/07/2012 - Page 3 CONSENT CALENDAR (Cont.) 7. Temporary Use Permit — Pacifica Bayview LLC requesting an extension to display their banner advertising at the Bayview Tower building at 801 National City Boulevard from February 8, 2012 through December 31, 2012 with no waiver of fees. (Neighborhood Services) 8. Temporary Use Permit — Sweetwater Harley-Davidson Rare Breed MC Annual Dance event at 3201 Hoover Avenue on February 10, 2012 from 8:30 p.m. to 1:30 a.m. with no waiver of fees. (Neighborhood Services) 9. Temporary Use Permit — Circus Event hosted by American Crown Circus on February 23rd, 2012 thru 27th, 2012 from 6:00 pm to 9:30 pm located at 3000 National City Blvd. with no waiver of fees. (Neighborhood Services) 10. National City Sales Tax Update — Third Quarter 2011. (Finance) 11. WARRANT REGISTER #25 Warrant Register #25 for the period of 12/14/11 through 12/20/11 in the amount of $26,267.52. (Finance) 12. WARRANT REGISTER #26 Warrant Register #26 for the period of 12/21/11 through 12/27/11 in the amount of $839,488.72. (Finance) 13. WARRANT REGISTER #27 Warrant Register #27 for the period of 12/28/11 through 01/03/12 in the amount of $1,157,000.66. (Finance) 14. WARRANT REGISTER #28 Warrant Register #28 for the period of 01/04/12 through 01/10/12 in the amount of $1,361,506.47. (Finance) City CounciUSuccessor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City 02/07/2012 - Page 4 PUBLIC HEARINGS 15. Continued Public Hearing — 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) **Companion Item #19** 16. Public Hearing — 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) **Companion Item #20** ORDINANCE FOR ADOPTION 17. An Ordinance of the City Council of the City of National City which (1) Repeals City Council Ordinance 2011-2362 which adopted the Land Use Code (National City Municipal Code Title 18 Zoning), and (2) Adopts an Amendment of the Land Use Code (National City Municipal Code Title 18 Zoning), including the Official Zoning Map as a component of the Comprehensive Land Use Update. (Case File No. 2011-17 GPA, ZC, SPA, IS) (Community Services) NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National City taking action on 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) **Companion Item #16*' 19. Resolution of the City Council of the City of National City taking action on 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 No. 2010-33 CUP, Z) (Development Services/Planning) **Companion Item #17** City Council/Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City 02/07/2012 - Page 5 NEW BUSINESS 20. Request to use Martin Luther King, Jr. Community Center (North and South Rooms) by National City Chamber of Commerce for a Job Fair on Thursday, April 5, 2012, from 8:00 am to 2:00 pm. Applicant has requested a waiver of fees. (Public Works) 21. Request Council approval to negotiate a lease agreement with A Reason to Survive (ARTS) to operate and maintain the Arts Center. (Community Services) 22. 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) SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY CONSENT CALENDAR 23. Resolution of the Successor Agency to the Community Development Commission as the Redevelopment Agency authorizing the investment of monies in the Local Agency Investment Fund. (Finance) 24. Authorize the reimbursement of Successor Agency to the Community Development Commission as the National City Redevelopment Agency expenditures in the amount of $71,527.26 to the City of National City for the period of 12/21/11 through 12/27/11. (Finance) 25. Authorize the reimbursement of Successor Agency to the Community Development Commission as the National City Redevelopment Agency Community Development Commission expenditures in the amount of $15,054.72 to the City of National City for the period of 12/28/11 through 01/03/12. (Finance) City Council/Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City 02/07/2012 - Page 6 CONSENT CALENDAR (Cont.) 26. Authorize the reimbursement of Successor Agency to the Community Development Commission as the National City Redevelopment Agency Community Development Commission expenditures in the amount of $68,225.21 to the City of National City for a period of 01/04/12 through 01/10/12. (Finance) STAFF REPORTS 27. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular National City City Council / Successor Agency to the Community Development Commission as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City — Tuesday — February 21, 2012 — 6:00 p.m. — Council Chambers — National City, California COPIES OF THE CITY COUNCIL OR SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.gov ITEM #1 2/7/2012 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY MEETING OF JANUARY 24, 2012 (CITY CLERK) 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 ITEM #2 2/7/2012 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." 0 Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO. 3 EM TITLE: A resolution of the City Council of National City awarding a contract to Sadie Construction, Inc. in the amount of $84,475 for the Citywide Bus Bench -Shelter project, Specification number 11-05, authorizing a 10% contingency in the amount of $8,447 for unforeseen changes, and authorizing the Mayor to execute the contract (Funded by Prop. 1 B funds). PREPARED BY: Colby Young PHONE: x4297 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: ,() Finance Funds are available in expenditure account 346-409-500-598-6574 (Public Transportation Modernization, Improvement, and Service Enhancement Account Program) in the amount of $84,475 for the contract and $8,447 for the contingency. No General Fund money will be used. ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Cost Proposal Worksheet (three lowest bidders) 3. Resolution Explanation On January 23, 2012, nine bids were received and opened for the National City Citywide Bus Bench -Shelter Project, Specification 11-05. The lowest responsive bidder was Sadie Construction, Inc. with a proposed bid amount of $84,475. As presented to City Council on September 27, 2011 and included in the contract documents, the 11 locations identified for installation of the solar -powered bus shelters (with benches and trash receptacles) are: • Euclid Ave @ Plaza Blvd (NB) • Euclid Ave @ Plaza Blvd (SB) • Euclid Ave @ 9th St (SB) • Euclid Ave @ 8th St (NB) • Euclid Ave @ 4th St (SB) • Euclid Ave @ 4th St (NB) • Highland Ave @ 24th St (SB) • Highland Ave, 2600 Block (NB) • Highland Ave @ 28th St (NB) • Highland Ave @ 30th St (SB) • Highland Ave @ 30th St (NB) The bid opening information sheet and the cost proposal worksheet for the three lowest bidders are attached for reference. Citywide Bus Bench -Shelter Installations Sadie Construction, Inc. ND Electrical Construction, Inc. - A.B. Hashmi, Inc. NO. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Purchase and install solar powered bus shelter unit (includes bench, solar dome roof, and trash receptacle) 11 EA 7225 79,475.00 7539.1 82,930.10 8175 89,925.00 2 Traffic control I LS 5000 5,000.00 4196.2 4,196.20 5500 5,500.00 Total: 84,475.00 87,126.30 95,425.00 Grand Total: $ 84,475.00 $ 87,126.30 $ 95,425.00 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO SADIE CONSTRUCTION, INC., IN THE AMOUNT OF $84,475 FOR THE CITYWIDE BUS BENCH -SHELTER PROJECT, AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $8,447 FOR UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on January 23, 2012, did publicly open, examine, and declare nine sealed bids for the National City Citywide Bus Bench -Shelter Project ("Project"); and WHEREAS, a 10% contingency amount up to $8,447 for unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Citywide Bus Bench -Shelter Project to the lowest responsive, responsible bidder, to wit: SADIE CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $84,475 with Sadie Construction, Inc., for the National City Citywide Bus Bench -Shelter Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 10% contingency amount up to $8,447 for unforeseen changes to the Project. PASSED and ADOPTED this 7th day of February, 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: February 7, 2012 AGENDA ITEM NO. 4 1EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute Amendment No. 2 to the SANDAG TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 for the 8th Street Corridor Smart Growth Revitalization Project PREPARED BY: Stephen Manganiello, Acting City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / Engineering APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Account #321-409-500-598-3918: $2,000,000 (SGIP Grant) Account #511-409-500-598-3918: $500,000 (Tax Increment) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation Resolution 3. Amendment No. 2 to Grant Agreement Explanation On January 19, 2010, per Resolution No. 2010-13, City Council authorized the Mayor to execute a TransNet Smart Growth Incentive Program Grant Agreement (No. 5001347) with SANDAG in the amount of $2 million for the 8th Street Corridor Smart Growth Revitalization Project. On May 3, 2011, per Resolution No. 2011-95, City Council authorized the Mayor to execute Amendment No. 1 to the grant agreement to extend the project schedule by 1 year to accommodate final design and construction for the utility undergrounding portion of the project. On December 2, 2011 the Regional Planning Committee approved a second project schedule amendment to the grant agreement (Amendment No. 2) based on the following extenuating conditions beyond the City's control: 1) SDG&E made significant changes to their base plans for the utility undergrounding portion of the project from National City Boulevard to Highland Avenue, resulting in revisions to the utility undergrounding and streetscape phases of the project. 2) The sewer main and laterals need to be replaced based on inspections and analysis. 3) The project was expanded by four blocks to the east based on receipt of a Safe Routes to School grant, and two blocks to the west to extend the proposed Class II bike lanes for connectivity to the future Bayshore Bikeway. The staff recommendation is for City Council to approve and authorize the Mayor to execute Amendment No. 2 to the grant agreement. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO THE SANDAG TRANSNET SMART GROWTH INCENTIVE PROGRAM GRANT AGREEMENT NO. 5001347 FOR THE 8TH STREET CORRIDOR SMART GROWTH REVITALIZATION PROJECT WHEREAS, on January 19, 2010, the City Council adopted Resolution No. 2010- 13 authorizing the Mayor to execute TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 with SANDAG in the amount of $2 Million for the National City 8th Street Corridor Smart Growth Revitalization Project (the "Project"); and WHEREAS, the Project includes traffic calming and streetscape improvements along 8th Street from Harbor Drive to D Avenue to enhance safety and access for pedestrians, improve connectivity and walkability to the 8th Street Trolley Station, reduce vehicle speeds, and revitalize the corridor to encourage Smart Growth Redevelopment; and WHEREAS, a significant portion of the Project, which is funded by Rule 20A, involves undergrounding the overhead utilities on 8th Street between National City Boulevard and Highland Avenue; and WHEREAS, on May 3, 2011, the City Council adopted Resolution No. 2011-95, authorizing a one-year extension to February 28, 2013, to accommodate the final design and construction; and WHEREAS, Amendment No. 2 is necessary due to significant revisions to the project schedule approved on December 2, 2011, by the Regional Planning Committee; and WHEREAS, Amendment No. 2 extends the expiration date of the Project from February 28, 2013 to June 30, 2014. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 2 to the TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 with SANDAG to amend the project schedule and extend the expiration date of the Project from February 28, 2013 to June 30, 2014 for the National City 8th Street Corridor Smart Growth Revitalization Project. PASSED and ADOPTED this 7th day of February, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney AMENDMENT NO. 2 TO SANDAG AGREEMENT NO. 5001347 I. Amendment Summary Contract No.: Amendment No.: Consultant: Work Description: 5001347 2 (Sixteen -month time extension only) City of National City Eighth Street Corridor Smart Growth Revitalization. Schedule extension approved by Regional Planning Committee on December 2, 2011. A. This Amendment Only (Revisions) Revisions to: ❑ Scope Max, Arnt. E Exp. Date Choose One Below ❑ Terms & Conditions (T&C) ❑ Scope of Work (SOW) ❑ Both (T&C) and (SOW) Amount: N/A End Date: 6/30/14 B. Original Agreement Amount $2,000,000 End Date: 2/28/12 C. Current Agreement* Amount: $2,000,000 End Date: 2/28/13 D. Revised (Total) Amended Agreement % Over Or iginal Amount 0% Amount: N/A End Date: 6/30/14 This includes original agreement and all previously approved amendments II. Standard Provisions A. Under the Agreement identified by the Contract Number in Article I and any previous amendments thereto (referred to herein as "Agreement") between San Diego Association of Governments ("SANDAG") and Contractor/Consultant identified in Article I of this Amendment (referred to herein as "Consultant"), Consultant provides brief work description, as shown in Article I, to SANDAG. Consultant shall remain bound to the terms of the Agreement, except to the extent the terms of this Amendment conflict with the Agreement or a previous amendment, in which case this Amendment shall supersede. Nothing in this Amendment relieves the Consultant of its obligation to perform as required by the Agreement or any previous amendment unless expressly slated herein. 111_ Agreement Revisions (See Article I.A - Amendment Summary, if applicable) A. Scope of Work If the Scope hox is not selected in Article I.A, there shall be no change to the scope of the Agreement. If the Scope box is selected in Article I.A, SANDAG and Consultant agree that the Scope of Work shall he amended as summarized in Article I.A. If applicable, these revisions are described as shown in Attachment A to this Amendment. B. Costs If the Maximum Amount hox is not selected in Article I.A, there shall he no change to the maximum amount of the Agreement. If the Maximum Amount box is selected in Article I.A, then: SANDAG and Consultant agree that the maximum amount of the Agreement shall be revised. the revised maximum amount is summarized in Article I.A. If applicable, the revised payment amounts are shown in Attachment B to this Amendment. 2. The total amount payable under this Agreement shall not exceed the amount shown in Article I.D, which includes both the Agreement and this Amendment's revision. 1 Agreement No.: 5001347 Amendment No.: 2 C. Schedule of Services/Milestones/Deliverables If the Expiration box is not selected in Article I.A, there shall be no change to the termination date of the Agreement. If the Schedule box is selected in Article I.A, SANDAG and Consultant agree that the termination date and/or schedule of this Agreement shall be revised and the termination date Identified as "End Date" in Article I.D, shall be the termination date. Consultant shall not be paid for work performed after the termination date. If applicable, the revised project schedule is as shown in Attachment C to this Amendment IV. Signatures This Amendment may he executed and delivered by facsimile signature and a facsimile signature shall be treated as an original. This Amendment may be executed in counterparts, each of which shall he deemed an original, but all of which together shall constitute one and the same Amendment. IN WITNESS WHEREOF, this Amendment has been executed under the provisions of the Agreement between SANDAG and Consultant. By signing below, the parties hereto agree that all terms and conditions of this Amendment and the Agreement and any previous amendments shall be in full force and effect. The persons below assert that they are authorized to execute this Amendment and have executed it effective as of this day of 2011_ SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF NATIONAL CITY GARY L. GALLEGOS Date RON MORRISON Executive Director Mayor Approved as to form and legality: Attachments: ❑ Scope of Work (Attachment A) ❑ Payments (Attachment A) ® Schedule (Attachment A) Date Office Of General Counsel Date ❑ No Attachments 2 2 Agreement No.: 5001347 Amendment No.: 2 ATTACHMENT A TO AMENDMENT NO. 2 TO SANDAG AGREEMENT NO. 5001347 Attachment A is hereby amended to extend the Phase 2 construction contract award date by fifteen (15) months from 12/31/2011 to 3/31/2013, and extend the completion date of the project by sixteen (16) months from 2/28/2013 to 6/30/2014. l he City of National City outlined several extenuating conditions beyond their control, summarized below, and included in the attached letter. Justification: • SDG&E made significant changes to their base plans for the utility undergrounding portion of the project from National City Boulevard to Highland Avenue, resulting in revisions to the utility undergrounding and streetscape plan phases of the project. • The City also needed to replace the sewer main and laterals based on recommendations following a site inspection. • The project area expanded by four blocks to the east and two blocks to the west, covered by the City's Safe Routes to School grant, and has allocated additional local snatching funds to extend the proposed Class II bike lanes. The project schedule extension was approved by the SANDAG Regional Planning Committee on December 2, 2011, as per the "Use -It -or -Lose -It" policy Section 2.1. The extenuating conditions were acceptable to grant a schedule extension under "Use -It -or -Lose -It' policy Sections 3.1.1.4 and 3.1.1.6. Further, project schedule extensions would exceed the maximum allowable under "Use -It -or -Lose -It" policy Section 2.1 and must be approved by the Regional Planning Committee. 3 3 Agreement No,, 5001347 Amendment No.: 2 REVISED SCOPE OF WORK, PROJECT BUDGET, AND PROJECT SCHEDULE - PREVIOUS DATES SHOWN IN STRIKETHROUGH / NEW TASKS & ADDITIONAL MATCHING FUNDS SHOWN IN BOLD Task Deliverables Start Date Completion Date SANDAG Funds Matching Funds Total 1. Execute grant agreement Grant agreement July 2009 January 2010 $ - $ - $ - 2a. Prepare construction plans for utility undergrounding (SDG&E) 100% Mans January 2010 June $ - $ - $ $ $ 200,000 $ 200,000 4.010 August 2011 February 2012 2b. Prepare construction plans for sewer replacement / upsizing 100% plans July 2011 February 2012 $ - $ 65,000 $ 65,000 3. Prepare construction plans for remaining project improvements (50%) 50% plans March 2010 July 2010 $ - S 120,000 $ 120,000 4. Conduct public workshop Meeting notification & summaries May 2010 October 2010 May 2010 October 2010 $ - S 5,000 $ 5,000 5a. Award construct contract for Phase 1 City Council resolution August 2011 Seetera $ - S - $ - $ - $ 5,000 $ 5,000 February 2012 er-2044 March 2012 5b. Utility undergrounding construction Notice of completion July 2010 F bruary 2011 $ - $ 1,000,000 $ 1,000,000 $ - $ 1,000,000 $ 1,000,000 October 20,1 May 2012 June 2013 April 2012 5c. Sewer replacement / upsizing construction Notice of completion April 2012 June 2013 $ - $ 1,500,000 $ 1,500,000 6. Public presentation (Phases 1 & 2) Meeting notification & summaries August 2010 August-2010 September 2011 S - $ 5,000 $ 5,000 September 2011 March 2013 7. Prepare construction plans & specs for remaining project improvements (90%) 90% plans & specs August 2010 DeGo...�0. �nin�nin August 2011 S - $ 120,000 $ 120,000 $ - $ 200,000 $ 200,000 March 2012 8. Prepare construction plans & specs for remaining project improvements (100%) 100% plans & specs January 2011 September 2011 Fobruary $ - $ 45,000 S 45,000 $ - $ 30,000 $ 30,000 .,011 Decomb 2011 April 2012 r October 2012 9. Award construction contract for Phase 2 City council resolution April 2011 November 2011 February 2013 April 2011 Decombor 2011 March 2013 $ - $ 5,000 $ 5.000 10. Construction for remaining project improvements Notice of completion May 2011 February 2012 April 2013 February 2012 $ 2,000,000 $ 200,000 $ 2,200,000 $ - $ 1,500,000 $ 1,500,000 February 2013 June 2014 4 Total (original) $ 2,000,000 $ 1.500,000 $ 3,500,000 Total (new) $ 2,000,000 $ 6.000,000 $ 8,000,000 +�* CALIFORNIA a+ NATIONAL Cfly � Ile Ic t. ] INCORPORATED November 3, 2011 Regional Planning Committee SANDAG 401 B Street, Suite 800 San Diego, CA 92101 (Attn: Oswaldo Perez, Regional Planner) RE: Request for Amendment to TransNet Smart Growth Incentive Program (SLIP) Grant Agreement No. 5001347 for the National City 8th Street Corridor Smart Growth Revitalization Project Since executing a SGIP grant agreement with SANDAG in January 2010 for completion of the National City 8th Street Smart Growth Revitalization Project, several extenuating conditions beyond our control have contributed to the need for an expanded scope of work and amendment to the project schedule. 1) In September 2011, SDG&E made significant changes to their base plans for the utility undergrounding portion of the project from National City Boulevard to Highland Avenue. This will result in revisions to both the utility undergrounding plans (Phase I) and Smart Growth/streetscape plans (Phase II) for the 8rh Street Corridor Smart Growth Revitalization Project. 2) Upon inspection of the 8`h Street sewer main and laterals within the project study area, and based on the age of the sewer, it was determined that the entire main, including laterals, needs to be replaced. Several locations will also require upsizing to accommodate future Smart Growth redevelopment and buildout of the Downtown Specific Area Plan. The sewer replacement/upsizing will be bid together with the utility undergounding as part of the Phase I construction contract for the 8th Street Corridor Smart Growth Revitalization Project to save costs and minimize impacts to the overall project schedule. Mayor Ron Morrison 1243 National City Boulevard, National City, CA 91950-4301 619/336-4233 Fax 619/336-4239 5 5 www.nationalcityca.gov Regional Planning Committee November 3, 2011 Page Two 3) The City received a State Safe Routes to School grant and allocated additional local matching funds to extend the existing Smart Growthistreetscape design an additional four blocks to the east from D Avenue to Highland Avenue. The City would like to include this extension as part of the 8`h Street Corridor Smart Growth Revitalization Project to save design and construction costs, and for consistency with overall corridor improvements. 4) The City has allocated additional local matching funds to extend the proposed Class II Bike Lanes an additional two blocks to the west from the 8th Street Trolley/Transit Station to Ilarbor Drive to provide connections to the future Bayshore Bikeway and Naval Base San Diego. The City would like to include this extension as part of the 8th Street Corridor Smart Growth Revitalization Project as it will close a critical gap in the local and regional bicycle network, connecting the future Bayshore Bikeway and Naval Base San Diego with the 8`h Street Trolley/Transit Station and Downtown National City. Proposed Amendment to Project Scope of Work 1) Revise the utility undergrounding plans and Smart Growth/strcetscape plans to accommodate SDG&E's facilities redesign. 2) Replace the sewer main (including upsizing) and laterals along 8th Street from the Trolley/Transit Station east to K Avenue. 3) Extend the 8th Street Smart Growth Project an additional four blocks to the east from D Avenue to Highland Avenue. This portion of the 8`h Street corridor has been identified as a "Smart Growth" area, consistent with SANDAG's Smart Growth Concept Map for the South County Subregion. 4) Extend the 8`h Street Smart Growth Project an additional two blocks to the west from the 8`h Street Trolley/Transit Station to Harbor Drive. This portion of the 8th Street corridor has been identified as a "Smart Growth" area, consistent with SANDAG's Smart Growth Concept Map for the South County Subregion. 6 6 Regional Planning Committee November 3, 2011 Page Three Budget — Additional Matching Funds The City has identified additional funding to complete the requested amendments to the Scope of Work, resulting in an increase in matching funds from $1.5 million to $6 million for a total project cost of $8 million. No additional SGIP grant funds are required; see attached summary table. Proposed Amendment to Project Schedule See attached summary table. Please let us know if you need additional information to support our request. Ron Morrison Mayor Attachment: Revised Summary Table cc. City Council -members Chris Zapata, City Manager Claudia Silva, City Attorney Leslie Deese, Assistant City Manager Brad Raulston, Executive Director Maryam Rabaki, P.R, Development Services Director/City Engineer Stephen Manganiello, Traffic Engineer/Project Manager 7 7 REVISED SCOPE OF WORK, PROJECT BUDGET, AND PROJECT SCHEDULE - PREVIOUS DATES SHOWN IN STRIKETHROUGH i NEW TASKS & ADDITIONAL MATCHING FUNDS SHOWN IN BOLD Task Deliverables Start Date Completion Date SANDAG Funds Matching Funds Total 1 Execute grant agreement Grant agreement July 2009 January 2010 5 - $ - $ 2a, Prepare construction plans for utility undergrounding (SDG&E) 100% plans January 2010 Juno 2010 $ - $ $ $ 200,000 $ 200,000 August 2011 $ - February 2012 2b. Prepare construction plans for sewer replacement / upsizing 100% plans July 2011 February 2012 $ - $ 65,000 $ 65,000 3 Prepare construction plans far remaining project improvements (50%) 50% plans March 2010 July 2010 $ - $ 120,000 $ 120,000 4. Conduct public workshop Meeting notification & summaries May-2040 May 9010 $ - 5 5,000 $ 5,000 October 2010 October 2010 5a. Award construct ccn:ract for Phase 1 City Council resolution August 2011 September 2011 $ - $ - $ - $ - $ 5,000 $ 5,000 February 2012 March 2012 5b. Utility undergrounding construction Notice of completion July 2010 Fob'ua $ - $ 1,000,000 $ 1,000,000 5 - $ 1,000,000 $ 1,000,000 October 2011 Anril 2012 v--2-04T (!lay 2C12 June 20'3 5c. Sewer replacement i upsizing construction Notice of completion April 2012 June 2013 $ - $ 1,500,000 $ 1,500,000 6, Public presentation (Pnases 1 & 2) Meeting notification & summaries August 2310 August 2010 Sept.... be 20• $ - $ 5,000 $ 5,000 September 2011 ..gy e March 2013 7. Prepare construction plans & specs for remaining project improvements (90%) 90% plans & specs August 2010 December 2010 $ - $ 120,000 $ 120,000 $ - $ 200,000 $ 200,000 Auguc: 2011 "larch 2012 8. Prepare construction plans & specs for remaining project improvements (100%) 100% plans & specs January 2011 February 2011 Decembor 2011 $ - $ 45,000 $ 45.000 $ - $ 30,000 $ 30,000 September 2011 April 2012 October 2012 9. Award construction contract tor Phase 2 City council resolution April 2011 ?lo'embcr 2011 February 2013 April 2C1' $ - $ 5,000 $ 5,000 December 201' March 2013 10. Construction for remaining project improvements Notice of completion May 2011 February $ 2,000,000 $ 200,000 $ 2,200,000 $ - $ 1,500,000 $ 1,500,000 Fcbruary 2012 April 2013 2012 February 2013 June 2014 Total (original) $ 2,000,000 $ 1,500,000 $ 3,500,000 Total (new) $ 2,000,000 $ 6,000,000 $ 8,000,000 8 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO.5 EM TITLE: Resolution of the City Council of the City of National City amending the 2008 National City Fee Schedule to increase the Ticket Sign -off Fee from $0 to $10 as a reasonable cost of the National City Police Department performing such service PREPARED BY: Sergeant Dan Fabinski DEPARTMENT: Police De art PHONE: 336-4446 APPROVED BY: EXPLANATION: The National City Police Department currently signs off on correctable citations ("fix -it" tickets) without charge. There is a direct cost to the City in staff time in providing this benefit to those who have received such citations. The Police Department is seeking to amend the 2008 National City Fee Schedule to increase the Ticket Sign -off Fee from $0 to $10 per ticket/citation, which does not exceed the reasonable cost of providing the service to those who seek to have their correctable citation ("fix -it" ticket) signed off at the Police Department's Front Counter. National City Police Officers will continue to provide this service free of charge in the field. FINANCIAL STATEMENT: n/a ACCOUNT NO. N/A APPROVED: n/a APPROVED: Finance MIS This new fee will generate revenue to the City to offset the costs of providing this service. No matching City funds are required. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: planation Memorandum of correctable citation ("Fix It" ticket) service and reasonable costs. NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: November 30, 2011 TO: Adolfo Gonzales, Chief of Police FROM: Dan Fabinski, Sergeant SUBJECT: Explanation of City Council Resolution to Adopt a Citation Sign -Off Fee The National City Police Department is proposing a citation sign -off (Fix -it Ticket) fee to offset the personnel costs regarding the numerous daily citation sign -offs performed by the Police Department Desk Officer. The Police Department signs off approximately 145 "Fix It" tickets a month at the Department's Records Unit Front Counter. There is a direct cost to the City in staff time in providing this benefit to those who have received such citations. The Police Department is requesting approval to establish a fee as the reasonable cost of providing the service to those who seek to have their correctable citation ("Fix -it" ticket) signed off at the National City Police Department's Front Counter. National City Police Officers will still provide this service free of charge in the field. A recent survey conducted by the Records Unit indicated that approximately 50% of the ticket sign offs were requested by people who lived outside National City and received their citation by an agency other than the National City Police Department. This verifies that many individuals travel to the National City Police Department to have their "Fix It" tickets signed off free of charge. The two closest law enforcement agencies, the Chula Vista Police Department and the San Diego Sheriff's Department (Imperial Beach) both charge a fee for ticket sign offs. The Chula Vista Police Department charges $10.00 per ticket and the San Diego Sheriff's Department charges $15.00 per ticket. The amount of time necessary for a typical citation sign -off at the Front Counter of the Police Department generally takes between five and fifteen minutes depending upon the amount of vehicle examination and violation research necessary to properly sign off the citation. Therefore, a fair estimate of time necessary for the average citation sign off is approximately ten minutes. The proposed $10 fee for citations signed off at the Police Department's front lobby will apply to all persons seeking to have their citation signed off. This includes National City residents. Proposition 26 allows the City to collect a citation sign -off fee under the following exception, "A charge imposed for a specific government service or project provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product." Therefore, it is opined by the City Attorney's Office that the fee must be charged equally to all who seek the service without any lesser costs or no cost to other persons. The front desk officer position is staffed by a police officer of the Corporal rank. The hourly pay with benefits for the Corporal rank is $67.I3. Therefore, ten minutes of Corporal pay/benefits equals $11.18. In order to simplify the collection of the fee, it is recommended this rate be lowered to $10.00 per citation sign off. This would eliminate the necessity for having proper coin change on hand and speed up the process of fee collection. Attached is a copy of the survey conducted by the police Department. DAN FABINSKI Sergeant 2 TICKET SIGN -OFF QUESTIONNAIRE Agency Phone Person Contacted Division Does Dept. sin -off g tickets Costs for In- house tickets Costs for outside agency tickets Date contacted HOURS Carlsbad (760) 931-2131 Sgt. Koran Patrol Yes 0 0 11/10/2009 All Hrs. Chula Vista (619) 691-5150 Sgt. Reber Patrol Yes $10 $10 11/10/2009 Lobby Hrs. Coronado (619) 522-2444 Sgt. Hima Traffic Yes 0 0 2/1/2010 Lobby Hrs. CSU (619) 594-6905 El Cajon (619) 579-3351 Sgt. Howell Patrol Yes 0 No Outside 11/10/2009 Lobby Hrs. Escondido (760) 839-4723 Lt. Loarie Traffic Yes 0 0 11/10/2009 M-Thurs 0800-1700 La Mesa (619) 667-1400 Jennifer Records Yes $15 $15 11/10/2009 M-F 0800-1700 Oceanside (760) 435-4900 Darlene Records Yes 0 0 11/10/2009 Mon -Sat 0800-1800 San Diego 858-495-7800 Sgt. Stanley Traffic Yes 0 0 11/10/2009 Lobby Hrs. SDSO 760-510-5252 Lt. Cea Traffic Yes $15 $15 UCSD (858) 534-4360 Christine Front Desk Yes 0 0 11/10/2009 Lobby 0800-1600 HARBOR Tim Wright Records Yes 0 0 11/10/2009 Lobby Hrs0700-1630 aeon changed their policy 2 years ago due to the influx of sign offs from SDSO and La Mesa who told citizens to go tho Ei Cajon due to it being free. San Diego signs off 100 a week due to SDSO sending them over to his division. Escondido signs approx 8-10 a day. Usually CHP/SDSO now only signs -off their tickets RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY FEE SCHEDULE TO INCREASE THE TICKET SIGN -OFF FEE FROM $0 TO $10, WHICH DOES NOT EXCEED THE REASONABLE COST OF THE POLICE DEPARTMENT PERFORMING SUCH SERVICE WHEREAS, on July 15, 2008, the City Council adopted Resolution No. 2008- 148, approving and adopting the 2008 National City Fee Schedule, which included a Ticket Sign -off Fee of $0 for the Police Department signing off correctable citations ("fix -it" tickets); and WHEREAS, there is a direct cost to the City in staff time in providing a ticket sign -off service to those who have received citations; therefore, the Police Department seeks to amend the 2008 National City Fee Schedule to increase the Ticket Sign -off Fee from $0 to $10 per ticket/citation, which does not exceed the reasonable cost of providing the service to those who seek to have their correctable citation signed off at the Police Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes amending the 2008 Fee Schedule to increase the Ticket Sign - off Fee from $0 to $10, which does not exceed the reasonable cost of the National City Police Department performing such service. PASSED and ADOPTED this 7th day of February, 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: February 07, 2012 AGENDA ITEM NO. 6 M TITLE: Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase from PCS Mobile of the Police and Fire Mobile Data Computers(MDC) for an amount not to exceed $220,000.00 PREPARED BY: Ron Williams DEPARTMENT: AS PHONE: 619-336-4373 APPROVED BY: EXPLANATION: Mobile Data Computers(MDC) are ruggedized computer terminals installed in emergency response vehicles to relay real-time data to first responders in the field . The terminals currently in National City Police and Fire vehicles have reached End Of Support and will no longer be supported by the manufacturer, Panasonic. As a result, spare parts will become increasingly difficult to obtain when hardware failure occurs. It is requested that Council waive the formal bidding requirements as allowed in Chapter 2.60.260 of the Municipal Code, and award the purchase to PCS Mobile, for the following reasons: 1. Piggyback City of Tuscon Contract 073103 via National Intergovernmental Purchasing Alliance 2. The price has been determined to be competitive within the industry. No further purpose would be served by issuing a formal bid at this point in the process. FINANCIAL STATEMENT: ACCOUNT NO. 631-403-082-502-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: te, Contract Information RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND AUTHORING THE PURCHASE OF MOBILE DATA COMPUTERS FOR THE POLICE AND FIRE DEPARTMENTS FROM PCS MOBILE FOR AN AMOUNT NOT TO EXCEED $220,000 WHEREAS, Mobile Data Computers ("MDC") are ruggedized computer terminals mounted in emergency vehicles to relay real-time data to first responders in the field; and WHEREAS, the terminals currently in National City Police and Fire vehicles have reached "end of support" and will no longer to supported by the manufacturer, Panasonic, which will make it increasingly difficult to obtain spare parts when hardware failure occurs; and WHEREAS, Mobile Data Computers can be obtained at a competitive price by the City of Nationa! City through Contract 073103 between the City of Tuscon, Arizona, and PCS Mobile for an amount not to exceed $220,000; and WHEREAS, pursuant to National City Municipal Code section 2.60.260, the City may waive the bidding process to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined to allow a procurement that is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby waives the bid process and authorizes the purchase of Mobile Data Computers for the Police and Fire Departments from PCS Mobile for an amount not to exceed $220,000. PASSED and ADOPTED this 7th day of February, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney pcs mobile - Corporate Headquarters 1200 W Mississippi Ave Denver, CO 80223 Email: salesla1Dcsmobile,com Customer: National City Police Department 1200 National City Blvd National City, CA 91950-4302 Quotation Quote QT-5184/3 for: National City Police Department Page l of 2 Print Date 12/8/2011 Quote Valid Date 01/31/2012 9:55 am Inside Sales Rep: Karen Leonard Email: karenl@pcsmobile.com Phone: 480-539-4590 Fax: Salesperson: Dan Allen Email: dana@pcsmobile.com Quote Created By: Dan Allen Customer Requested By NAT009 Dave Noteware F.O.B. Origination Terms N30 Contract NIPA CNR-04540- V37T - 073103 Line Number 1 Item Number CF-31Q1AAX1M Description/Comments Win7, Intel Core i3-2310M 2.10GHz, No vPro, 13.1" XGA Touch, 320GB, 2GB, Atheros WiFi b/g/n, No TPM, Bluetooth, Lightweight Battery, Single Pass (Selectable), Emissive Backlit Keyboard, No Drive, Touqhbook Preferred Quantity 60 Unit Price ($) 3,041.00 List Price ($) 3,829.00 Extended Price 182,460.00 3 CF-VDM311U DVD-Multi drive for CF-31 60 260.00 367.00 15,600.00 4 LCD FEE CALIFORNIA LCD RECYCLING FEE* 60 6.00 0.00 360.00 5 COM- ASSUREMSA MOBILE ASSURANCE: Imaging Services and Management* 60 65.00 0.00 3,900.00 Quote Sub Total $202,320.00 National City Tax 8.75% $17,330.25 Warranty, LCD Fee, Mobile Assurance NON- TAXABLE Quote Total $219,650.25 Notes: IMAGING SERVICES AND MANAGEMENT: • 3 Year Service Contract for Imaging Services and Management of 55 CF-31 13 CF-31Q1AAX1M • Service covers Hard Drive Failures and Re -Imaging of Hard Drives • If Hard Drive fails or Needs Replacement or Re -Image, HDD is sent to PCS Mobile • PCS Mobile then sends replacement HDD with new image on It via Overnight Standard. HDD is ready to be put back into laptop and will just need setup configuration such as IP Address, Computer name, etc. • Damaged HDD is then sent to Heartland Services for replacement • Once Replacement/Repaird HDD is sent back to PCS Mobile, PCS Mobile will re -image and put in secure location ready to be shipped to National City in case of next HDD Failure encountered. • Includes 1 Image Change, additional Image Change will be charged normal hourly rate. • Any other services above and beyond Imaging Services will be quoted and charged accordingly. • Golden Image Is Developed by Customer • PCS can and will assist the customer with this process • Golden Image can several weeks to develop, field testing must take place, may require re -installing software in different order, may Identify peripheral equipment equipment compatibility issues. www.pcsmobile.com Page 1 1.0 pcs mobile - Quote QT-5184/3 for: National City Police Department Page 2 of 2 Terms and Conditions Portable Computer Systems, Inc., dba: PCS Mobile Standard Reseller: Terms and Conditions 1. Contract Terms. These Terms and Conditions are attached to and made a part of a "Quote" for resale of products ("Products") provided by Portable Computer Systems, Inc., dba: PCS Mobile ("PCS") to the buyer named therein ("Buyer"); and all further references herein to "this Agreement" mean the Quote, including these Terms and Conditions. Upon acceptance of this Agreement by Buyer, the provisions of this Agreement constitute a binding contract between PCS and Buyer. This Agreement shall be accepted by Buyer upon either receipt from Buyer of any written communication confirming this Agreement or acceptance by Buyer of Products shipped by PCS pursuant to this Agreement. This Agreement supersedes all prior communications relating to the Products covered by this Agreement, and any contrary or supplemental provisions in any Buyer purchase order or other communication from Buyer arc specifically, rejected. 2. Payment. Payment for the Products shall he in US dollars as stated in this Agreement. Unless stated otherwise, prices stated in this Agreement do not include any state or local sale, use or other taxes or assessments or freight charges (beyond delivery by PCS to common carrier), all of which shall be paid by Buyer. A service charge of 1.5% per month will be charged on all past due balances and will be due on demand. All PCS costs of collection, including reasonable attorney's fees, shall be paid by Buyer. Buyer grants PCS a security interest (and the right to file UCC financing statements) in the Products to secure payment of all amounts due. If Buyer fails to make any payment when due, PCS shall have the right to revoke any credit extended, regarding the Products or otherwise, to delay or cancel any or all future deliveries without liability to Buyer. The obligation of PCS to deliver Products shall terminate without notice upon filing of any bankruptcy proceeding by or against Buyer or appointment of any trustee for Buyer or any of its assets. Under no circumstances may Buyer set off against amounts due PCS pursuant to this Agreement any claim Buyer may have against PCS for any reason. 3. Shipment. Delivery of all Products shall be F.O.B. place of shipment by or for PCS, unless otherwise agreed in writing. PCS reserves the right to select the means of shipment, point of shipment and routing. Delivery will be deemed complete upon transfer of possession of Products to common carrier as described above, whereupon all risk of loss, damage or destruction to the Products shall pass to Buyer. 4. Acceptance of Products; Returns. All Products shall be deemed accepted by Buyer unless Buyer notifies PCS in writing within seven (7) calendar days of receipt of Products of any short shipment, wrong -product shipment, damaged Products or similar discrepancies. Once accepted by Buyer, Products may be returned only with authorization from PCS, in the sole discretion of PCS; and in no cast will retums be considered more than thirty (30) days after delivery to Buyer. If accepted for return Products will be subject to a 20% restocking fee. 5. Warranties. PCS makes no representation with regard to Products of any kind or nature, express or implied, including any warranty of merchantability or fitness for a particular purposes, or usage of trade. Products are covered by manufacturer's warranty only. Copies of manufacturer's warranty will be provided to Buyer upon written request. PCS assigns to Buyer all warranties on the Products accepted by Buyer; and PCS shall have no obligation relating to processing claims there under, though PCS may assist Buyer therewith at the sole option of PCS. 6. Limitation on Liability. In no event shall PCS be liable for any claims for loss of use, revenue, profit or customer, or any direct, indirect, special, incidental or consequential damages of any kind or nature arising out of, or connected with the Products, the use thereof, or the sale thereof by PCS to Buyer. Further, Buyer agrees to indemnify and defend PCS from any such claims. 7. Force Majeure. PCS shall not be liable for any delay or failure to perform any obligation of PCS under this Agreement that is caused by events of force majeure, including without limitation strikes, riots, casualties, acts of God, war, governmental action or other cause beyond the reasonable control of PCS. 8. Miscellaneous. This Agreement constitutes the entire agreement between PCS and Buyer regarding the Products, and may not be modified except by written agreement signed by the party to be charged with the modification. Buyer's rights under this Agreement may not be assigned without the written consent of PCS. If any provision of this Agreement shall become invalid or illegal under any provision of applicable law, the remainder of this Agreement shall not be affected. This Agreement shall be binding upon both PCS and Buyer, and their respective successors and assigns. This Agreement shall be interpreted in accordance with the internal laws of the State of Colorado. www.pcsmobile.com Page 2 NAY-16-2007 15:04 PCSC 201 .392 6612 P.04 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 256 W. AI. AMEDA, 6TF1 FLOOR. TUCSON, AZ 85701 EXHIBIT 2 REQUEST FOR PROPOSAL NO. 073103 PAGE 28 OF 26 CONTRACT OFFiCER: VICTORIA CORTIN.43 PH: (520) 791.4400 Ext. 1401 FAX (520) 791.4735 SUPPLIER COMMITMENTS AND PROCESS The following is intended to assist the supplier in successfully implementing the Master Agreement! National IPA Administration Agreement - The supplier is required to execute -the National IPA Administration Agreement ("Agreement") prior to the award of the Master Agreement. National Account Management Team - The supplier shall provide a National Account manager with the authority and responsibility for the overall success of the Master Agreement contract within the supplier's organization. State and Local Agency Access - Establish the following communication links to facilitate customer access and communication: A dedicated National IPA internet web -based homepage with: National IPA standard logo; Copy of original Request for Proposal or Invitation to Bid; Copy of contract and aim ndments between lead public agency and supplier Summary of products and pricing; Electronic link to National IPA's online registration page; A dedicated toll free number for National IPA Electronic Registration - The supplier is responsible for ensuring that each Participating Public Agency has completed National IPA's online registration process prior to processing the Participating Public Agency's first sales order. Sales Report - The supplier Is responsible for reporting all Participating Public Agency sates Within 30 days of the end of each calendar quarter In the provided format attached as Exhibit A to the National IPA Administration Agreement. Administrative Fees - The supplier is responsible for paying to National IPA an administrative fee on all Participating Public Agency sales volumes within 30 days of the end of each calendar quarter as set out in Section 10 of the Administration Agreement. National IPA Awareness - National IPA is responsible for marketing the overall National IPA concept and program to Participating Public Agencies. National IPA marketing is intended to supplement and enhance the direct sales effort of the supplier. National IPA employs a national account management team, a web based registration and lead referral system, direct mail, the Internet and newsletters and other publications to increase National IPA awareness. SUpptier Sates - Supplier is responsibte for proactive direct sales of suppliers goods and services to public agencies nationwide and the timely follow up to leads established by National IPA. All sales materials are to use the Nationat IPA logo. At a minimum, the suppliers sales initiatives should communicate: • Contract was competitively solicited by a Principal Procurement Agency; • Best government pricing • No cost to participate • Non-exclusive contracts Sales Force Training - Supplier is responsible for the training of its national sales force on the National IPA contract. At a minimum, sales training should include. • Key features of National IPA contract • Working knowledge of the Solicitation Process • Awareness of the range of public agencies that can access National IPA Name: Robert Mahn Title: Vigo Pre iden: Signature: t \ a&v1SEp UBF)t 3 NAY-16-2077 15: 05 FCSG 201 392 6E18 P. C5 CM' OF TUCSON DEPARTMENT OF PROCUREMENT 255 W. AL.AMEnA, 6TH FLOOR, TUCSON, AZ 85701 EXHIBIT 3 REQUEST FOR PROPOSAL NO. 073103 PAGE 27 OF 28 CONTRACT OFFICER: VICTORIA CORTINAS PH: (520) 7e1-4400 Ext. 140 / FAX; (520) 791-4735 PRINCIPAL PROCUREMENT AGENCY CERTIFICATE Panasonic Computer hereby acknowledge, on behalf of he Solutions Company (the "Principal Procurement Agency) that I have read and agree to the general terms and conditions set forth in the enclosed Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from lime to time are made available by Principal Procurement Agency t4 Participating Public Agencies nationwide through National IPA. For purposes of City of Tucson contracts, Participating Public Agencies shall be defined in accordance with Arizona Revised Statutes — Title 41, Article 10, Section 41-2632 Cooperative purchasing authorized. t understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authoriz 11/ ILL tire, Principal Procurement Agency Robert Mann, Vice President Name and Title of Signor 17 May 2007 Date REVISED 06/66 TOTAL P. CONTRACT AMENDMENT CITY 01"TUCSON DEPARTMENT OF' PROCUREMENT 255 W. Al,AMIiDA; 6TH FLOOR, TUCSON, AZ 85701 P.O. 110X 27210, TUCSON, AZ 85726 (50) 837-4136 CONTRACT .NO.: 073103-01 CONTRACT AMi•;NI)MBNT NO.; TEN (10) 1'AGC I of I CONTRACT OFFICER: NATIIAN DAOU, CPPI3,. C.P.M., A.P.P. PANASONIC TOUGth3QOKS, TABLEST, ACCESSORIES, AND SERVICES 1lLS CONTRACT IS AMENDED AS FOLLOWS: ITEM ##1: Pursuant to Contract No. 07310.1-01, SpecialTenrls and Conditions, Section 7, the. City is. hereby exercising its option to extend the contract for the time period of August 1, 2011 through July 31, 2012. ALL OTHER PROVISIONS OIL THE CON 1'R,A.CP SHALL REMAIN TN THEIR ENTIRETY, CONTRAE'IOR NFR1it1Y ACKNOWLEDGES RECEIPTOF AND UNDERSTANDING OF TIME ABO AMENDML+T. gnature lty 7 Date s King Typed *ante and Title Ppa soui Solutions Commanti Company Name 3 Panasoniie Wav Address Janie,ic corn L,tnaiI Address Secaue0$, NJ .07094 Site Zip THE A13OVH REF EI LACED CONTRACT AMENDMENT ! t .. DAY IS HEREBY CXL'CU'I'L"DTHIS OF _ _ i l UA A .201 I, AT'I1K3ON, AR1ZONA. ark Ncibart, G.P.M., as Director of Procur , A.P.P„ C and not personally CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO. 7 EM TITLE: TEMPORARY USE PERMIT —Pacifica Bayview LLC requesting an extension to display their banner advertising at the Bayview Tower building at 801 National City Boulevard from February 8, 2012 thur December 31, 2012 with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighb• o • Services Division APPROVED BY: This is an extension request from Pacifica Bayview LLC to display the Bayview Tower Advertising Banner from February 8th thru December 31, 2012. The banner reads "BayView-Tower.com NOW SELLING" measuring 80ft x 8ft 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: APPROVED: Finance ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP through various City Departments. Total fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )lication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: Public Concert _ Fair Festival _ Community Event Parade Demonstration Circus Block Party Motion Picture _ Grand Opening Wither ,6A7VA/ Fet SA Les' Event Title: Event Location: /6 /'Y vl w 3 /1X JE go/ NA-7/oft )*L eA7Y 6 LvI Event Date(s): From5/'O12 to ) y//2(/2°0- Total Anticipated Attendance: Month/Day/year ( Participants) Actual Event Hours: • /pm to 6 amCtf_ ( Spectators) Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: )/ -6-/2-on Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time ofreopening Sponsoring Organization P/Cf F I C--A £AYv/Lu) LLC Chief Officer of Organization (Name) AS`H /- K A Its 1 Applicant (Name): AO %a .f G—vp7 f} ✓For Profit Not -for -Profit Address: I7.7S ItANC.QGK S7124-i7, SU,7C_ 200 ltAf D 1E401 CA 92//0 Daytime Phone: (6/9) 296904o Evening Phone: (() ,5o25 22- Fax: (6f” 296 9090 Y292 Contact Person "on site" day of the event_ DO /\/ -F -A-J, EA 0 Pager/Cellular: C 4J)/ 9 01/01 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES `-'-'-4N10 _ YES `ENO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. CoN 7 i,v 0A7, 0 nJ O A- 6 f L ocA-xi?) b a+) 70P o f AA-MIA-0 7c3F..A, g oic-boart7C- !S S'I7CM-7CO 4--7 to/ 104-7 /OfJ COY Q 1-1/40. 7ft- / v'V rn .pr D2frao PROspEe7/VE kksib /7/7►-c MSASUyS4.0 _ YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: _ YES ✓NO ✓YES NO Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: IS-C/DC-NmAL VA)(7 l.Olu_ QU s0L-i — YES 1,7NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. 17-YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. NO 'T. 014 GC S7/tEe.7 /A1 P+Q _ YES 1-4s10 Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES ✓NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. A.i/A > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: M//i • If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities 3Mtn1 & 3 &VO 1,4 CAI Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ?.J/ ➢ Fencing, barriers and or barricades fv f A -- • Generator locations and/or source of electricity N (=t > Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures NV-4- ➢ Vehicles and/or trailers kl fPi- ➢ Other related event components not covered above WA - Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: II 5-- Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 00A-lL'/ P' -vr or L1771-1Z khe.ovnlj A 0D& L flan.IE Pk7t1 Please describe your procedures for both Crowd Control and Internal Security: ON (7L -fttL&f 11{4N ErEAS C0Lc1- GQN?'QoL t/(S17C1 C ON - / 72 c(C £ (C_c- 6 E %L PeospEq ivE own) C.kr pi iz o4y _ YES `!NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES ''NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. �l2S7 A1i> K/7S t_ dtvv,4i 4t (i (io/7,F OfUC/7F MArr� Please describe your Accessibility• Plan for access at your event by individuals with disabilities: 7 r,}PF fC 1C A-1:/}- c..e-SusGE/ /WC J,brn4 - P 1 L /r IN 7/fic_ P2.oPa7Ys Pr I ,Ul1n-6-4. o 7 Please provide a detailed description of your PARKING plan: /A/Pa£ Or.S'72E£7 P U qA-6 i LOC 4/tv 7t/S PL. 8 Pr-/[ 7 y.c PQ.1 vy1-t S L0"7 (s) Please describe your plan for DISABLED PARKING: Wit 1LFQv(Q_v Mc'MaM. OF D(S G L) SA S > Loc.47 /nr ?f1E P/LcP[gy!r PLry i1-07f. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: CAD N7 T/V tJ4-7 ! On} o F ')C/S7/"4 S/Cr'J NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YESAre there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES IXO Will sound amplification be used? if YES, please indicate: Start time: am/pm Finish Time am/pm YES ✓NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES 40 Fireworks, rockets, or other pyrotechnics? If YES, please describe: ✓YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: S Ft-7?Rcfr.D Sj tpCi p/C7u/Lb`. vckeiw " 64Yf/dtJ-7ooc1. cog NO49 SE1UN4-" Revised 08/10/05 5 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) ik No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.} 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: Signature No (P lease sign the form and submit it with the TUP Application) 9 Da/9/2-0/ t ,• ...7 r�lYial7 The banner is a metal framed vinyl sign that will be 80' x 8'. This is substantially smaller than the prior banner that was 100' x 20'. Also, the banner will be anchored to the building so that it is safe and not subject to the effects of the wind. City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant i? (+ . h t la-TOL 19/2-0( Official Title Date / For Office Use Only Certificate of Insurance Approved Date 7 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Pacifica Bayview LLC EVENT: Bayview Tower Banner DATE OF EVENT: February 8 thru December 31, 2012 TIME OF EVENT: N/A APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ ] NO [ ] SEE CONDITIONS [ ] DEVELOPMENT SERVICES (619) 336-4318 The Engineering Department has no comments on this TUP. The Building Department also has no comments on this TUP The Planning Department has no comments on this TUP. RISK MANAGER (619) 336-4370 Risk Management has no issues with this TUP. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) The National City Fire Department has no comment for this item. Please call if you have questions PUBLIC WORKS (619) 336-4580 Public Works has no involvement in this event and recommends approval. COMMUNITY SERVICES (619) 336-4290 Community Services has no comments/stipulations POLICE (619) 336-4446 The PD has no stipulations to the Banner FINANCE (619) 336-4341 Approved by Finance. No Stipulations CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO. 8 :M TITLE: TEMPORARY USE PERMIT — Sweetwater Harley-Davidson Rare Breed MC Annual Dance event at 3201 Hoover Avenue on February 10, 2012 from 8:30 p.m. to 1:30 a.m. with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighbo o ► • ervices Division APPROVED BY: This is a request from the Sweetwater Harley Davidson to conduct the Rare Breed Motor -Cycle Annual Dance event at 3201 Hoover Avenue on February 10, 2012. Set-up for this event begins at 6:30 pm and the actual event runs from 8:30 pm to 1:30 am. This is an annual dance for the Rare Breed MC Motorcycle Club. Event organizers have requested approval for the sale/ consumption of alcoholic beverages pending approval from the Alcohol and Beverage Control Agency (ABC). Private security will be provided by Casper & Associates and no city services are being requested. FINANCIAL STATEMENT: ACCOUNT NO. The City has incurred $237.00 for processing the TUP through various City departments and $200.00 for Fire Department. Total fees are $437.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: )lication for a Temporary Use Permit with recommended and conditions of approval. Fax: Tsfye o Event: Pucii c Concert �'a;�:ie �. Fair nstraton Moto;-; Ptture Gra d Opening Event T i1!e: _vent t.cw,<,t on: Jan 17 2012 04.07nm P001/007 Festival Circus Community Event A.Other Party, Event D (s): From f , P' F lr Moat f _.ctai inticipafe�i Attendance: Y�'@ar Actu37 E ,1 ; ( Participants) ti it Hours: t0 i Spec.aters) Setiplassembiyiconstrucion Defoe: O /ti j Start time: Please describe the scope of your setap,assembly work(specific details): r a4r n ernantie Date: D�' 114 4 1 __ Completion Time:<3% pm List any st t(s) requiring closure -s a result of this event. Include sfroot rtae e(s}s d� time ®f clo irtg and day ate liar of reopening. Y and Sponsoring OFganization: Chief Officer of Organization (Name) AppiicaM (Name): Daytime 7-lone: 477- a EveZinp Corm Person "on site' day of the event- i Pager Cet3ular. �` n I�;�_ 4. (1 J 41oi� • NOTE: Ti- t4 yPE OM MUST $g 9 i1 A : f Ear DANCE FOR THE DU ANlf4K7. ATELY AV.A "ABLE t'v+ Ofi THE EVENT (Th413 I 0 CM" OFFICIALS '�E _ 4 ., . 19-9j/-e / Fax. Jan 17 2012 04:07nm P002/007 is your irganizaf on a "Tax Exe pt, nonprofit orgaaizetion? YES WO Are admission, entry, vendor or ..anticipant fees required? YES _._ . TiC It YES, ;p e;,;e expeain the purer and provide amount(s): --�� :Estimated Gres this event. Receipts enciuding ticket, product and sponsorship sales from $ Estimated Expenses for this event. $ --—lriihat is the protected amount of revenue that n t receive as a result of ibis event?the Nonprofit Organization mill Please pis vic a R DETAILED D components of your we such inforta ilor; about the event, RiPT;ON of your event- include details regarding any the use of vehicles, animals, •rides or any other pertinent ---_-�---mom. YES { NO if the went involves the safeof cars, will the cars come exclusively from National City cif dealers? If NO, list any additional dealers involved in the sue: 2 Fax: Jan 17 2012 04:08pm P003/007 XYES NO Goes It event:involve the sale or use of alcoholic beverages? YES "to Ei items or services be sold at the event? if yes, please describe: Does the event irwaive a moving route of any kind along streets, sir ewalks or highways? if Y S, attach a detailed rnap of your props j route indicate the direction of tray t, and provide a written narrative to explain your route. Does the even involve a fixed venue site? 3f YES, atttsch a detailed site rnap 3i'ii($g 8� stF iE YES 6 _NG Yl"v YES X YES NO Does the even Number of tent NOTE: A sepa Mt the event in addition to the route map requi, and set up l tions for the follow > Atoohclic and Nonalcoh_ • Food Concession and/or. Please describe how food 3.1-mod_et skire 1,-ou intend to cool; food GAS ELECTRI impacted cted by the event. ive the use of tens or canopies' if YES: �nm Sires e Errs Department peeni is required for tents or con cptes- vol will e the use of the Cry =ge or bove, please sthch a dug:--m showing rue overall layout ems: ncession and/arBeer Garden areas. Preparation ao areas Sere at the event: 10 ?p/,drf event area please s the method: CFHArR OAL OTHER (Specify): > Port.able and/or Permane z T of Facilities Number of portable toilets (1 for every 2 0 people is. required, U'iiQS$ the applicant can show that t e facilites in the immediaarea available to the public during .the event) t > Tables and Chairs A Fencing, barriers. and/or b tle,s 3 Generator lecatio, ^s-andoD sour of electricity > Canopies or tent rotations tide tent rnopy dimensions) > ooths, exhibits, dispiays or enclosures > Scaffolding, bleachers, p ," rrns, sges, grandstands or related structures a `vehic.es and/or trailers > Other related event corn .nents not covered above Trrs containers and cum ere t, tote: You must properly .:ispose of waste and garbage throughout the term of your event and immediately c. n conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe you pan for clean-up and removal of waste and garbage during and after the event V Fax: Jan 17 2012 Od.09pm P004/007 Pisase describe your p for both Crowd Control and tnterr l 4.� YES JQ Have you hired any •Pro s nal Securit• y grange n npease is for this event? if YES, tion to handle. secure" e list st Security Organ Security Organ; Security Director A YES NO is tiliS a night e te se Sid cat what n _ I - ve made for prcuidir g Firsts Sea . - ti�� 1 c rf Address: Name): 1 t7 ttYES, please statt, how the event and surrounding area •;ensure •-ty - participants and pt�sa#orw: 41 f Vita 11-1 Pleadescribe j�rSt9i r Acs isl ep'enk ; ity lee far access at your event by irsdlviduais with disabilities: Please p,oviOe a detailed description of your PARKING plan: Please describe your Sian for DiSA LED PARKING: 4 Fax: Jan 17 2012 04:00pm P005/007 Please desotibe your plans h n event: fd t4OTE:4ei9nbrorkecoci resider schedMed ts1 t€te City .parks. must be notified 72 hours In advance when event9 ars YE$ NO Are There any 7cal entertainment at features retated'to your event? if YES, P state the of stage.% number of bands and type .eif music. YES NifD YES Number of S; $: Type of: wit:: 1Wi-ober Bands: Wli sound arriPiifieabon be used? If YES, please indicate: ate: Start time: 50 WC sound rued be conducted prior to the event? if YES, �-asg indicate: Starttime: _ amtpm Finish 'Dine atrelprh P $e sound equipment that will be used far your event: Finish Time w / P: YES NO Fireworks, m cett or other pyrotechnics? If YES, use describe: 0 Any signs, bansee o decorations, spec t lighting? if YES, pease describe:. t 1Ra'viseb o81: of os 5 Fax. Jan 17 2012 04.10pm P007/007 Ci of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,0 0,000 combined single limit insurance for bodily injury and property damag which includes the City, its officials, agents and employees named as addit onal insured and to sign the Hold Harmless Agreement. Certificate of insurance must e attached to this permit. Organization Person in Charge of Activity 'W AI Address Jr ,AY AT46 i9i j Telephone ///q-477-4477 Date(s) of Use Pa-0- 4.? HOLD HARMLESS AGREEMENT As a condition of the issuar on public or private propert indemnity and hold harmle: and its officers, employees demands, costs, losses, lia damage, or both, or any liti± the costs of litigation, arisin act i a en under co trac ors. S aure.fApp Offsei I Title For Office Use Only ce of a temporary use permit to conduct its activities i, the undersigned hereby agree(s) to defend, s the City of National City and the Parking Authority and agents from and against any and all claims, �ility or, for any personal injury, death or property ation and other liability, including attorneys fees and out of or related to the use of public property or the ermit by the permittee or its agents, employees or a1 /� oeGIZ Date Certificate of Insurance Approved Date 7 (TV IH 0 [ n y•iX I Fax: Jan 24 2012 02.40pm P001/001 I I n tv I N/L1• gar cvrc too., •(• 1ST/•/vvI 7444.5 r-- Ett vi-4:71" CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Sweetwater Harley-Davidson EVENT: Rare Breed MC Annual Dance DATE OF EVENT: February 10-11, 2012 TIME OF EVENT: 8:30pm to 1:30 am APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [ x [ NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS I x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x 1 SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 ENGINEERING The Engineering Department has no comments. BUILDING At this time the event can only take place on the roof deck of the establishment. The interior (retail area) is not approved as an assembly area so no congregation of people is allowed at this time. The Fire Marshall and I met with the owner of the business and discussed this issue with her in detail. I understand that the owner is in the process of applying for the CUP to allow the assembly use in the retail area. Once the CUP is approved building permit will be required to change the use of the retail area to retail/assembly use. If it will help expedite the process the owner can submit the plans for the occupancy use change at this time. We can start the review and possibly have the permit approved at the time the CUP is approved. This is only a suggestion in order to streamline the entire process. Please let me know if you have any questions, thank you PLANNING No lights or speakers facing residential areas. Conformance with Title 12 of NCMC POLICE (619) 336-4446 The only stipulations the PD have are: Obtain an On -Day Alcohol Permit from ABC. Agree that if the PD receives any noise complaints / complaints regarding the event they will immediately shut the event down. RISK MANAGER (619) 336-4370 - Obtain Certificate of Insurance showing the City of National City as certificate holder - Provide Additional insured endorsement naming the City of National City as an additional insured FIRE (619) 336-4550 Stipulations required by the Fire Department for this event 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) Access to Sweetwater Harley Davidson to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 3) Fire Department access into and through the event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not Tess than 13 feet 6 inches 4) Fire Hydrants shall not be blocked or obstructed. 5) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 6) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7) Extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 8) All cooking booths or areas to have one 2A:10BC. If grease or oil is used for cooking, a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tay attached. Please see attached example. 9) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Please see Fire Department for direction. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. A permit for the projected canopies/tents shall be four hundred ($400.00) dollars. Fees can only be waived by City Council. Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - 201 — (+) sf - $200.00 $400.00. 10) Fire Department access into and through the booth areas are to be maintained at all times. 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the entire event. Fee for after hour/weekend inspection shall be $200.00 dollars for the first two hours. A fee of $100.00 dollars shall be charged for every hour (or part) after the first two hours. 12) Occupancy load posted by the National City Building Official shall be strictly adhered to. Note: Total fee amount for all Fire Department permits is ($200.00). Fees can only be waived by City Council. Please contact the Fire Department for assistance If you have any questions please feel free to contact me PUBLIC WORKS (619) 336-4580 Public Works has no involvement in this event. CITY ATTORNEY (619) 336-4220 The hold harmless and indemnification provisions must be signed by the applicant FINANCE (619) 336-4341 Both the DJ and the caterer must obtain a National City Business License. COMMUNITY SERVICES No comments from CS CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO. 9 fEM TITLE: TEMPORARY USE PERMIT — Circus Event hosted by American Crown Circus on February 23rd thru 27th, 2012 from 6:00 pm to 9:30 pm located at 3000 National City Blvd with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighrvices Division APPROVED BY: This is a request from the American Crown Circus to conduct a Circus Event at 3000 National City Blvd from February 23rd thru 27th, 2012 from 6:00pm to 9:30pm daily. The circus is a one ring European style acrobatic show that consists of jugglers, comedic performers, acrobats and magicians. No exotic animals, rides or games of chance. The duration of each show is 1 hr. %2 per show. The applicant has hired private security for the circus event which will have (2) two guard patrols for the safety of their patrons. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP, plus $400.00 for the Fire Permits. Total Fees are $637.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Iplication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: Public Concert Parade Motion Picture Fair estival Demonstration ircus Grand Opening Other Event Title: American Crown Circus Community Event Block Party Event Location: 3000 National City Blvd., National City, CA Event Date(s): From Feb. 23 to Feb. 27 Total Anticipated Attendance: Month/Day/Year ( Participants) 6'00 pm 9:30 pm ( Spectators) Actual Event Hours: am/pm to am/pm Setup/assembly/construction Date: Feb.23 Start time: 7:00 am Please describe the scope of your setup/assembly work (specific details): Show setups tent, seats and circus ring. Dismantle Date: Feb. 27 Completion Time: 11:30 pm am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. No Sponsoring Organization: American Crown Circus Chief Officer of Organization (Name) Frank Osorio Applicant (Name): Frank Osorio Address: 4088 Pleasant Rd., Las Vegas, NV 89108 For Profit Not -for -Profit Daytime Phone: (702) 592-7812 Evening Phone: (702) 592-7812 Fax: (702) 655-0005 Contact Person "on site" day of the event: Roberto Osorio Pager/Cellular: 702 241-6927 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? _ YES NO Are admission, entry, vendor or participant fees required? I I YES __ NO If YES, please explain the purpose and provide amount(s): $16.00 $20.00 Adults and 2-3 children are free with paying adult. 12-14 K Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 9 K Estimated Expenses for this event $ N/A What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Please see attached letter. YES VO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES 40 [DYES NO Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: Concession that include popcorn, cotton candy, sno-cones & bottle drinks (Pepsi & Aquafina). We obtain County of San Diego Temporary Health Permit. YES 1.1110 Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. OYES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 1 Sizes 95 x 125' Tent peretis orally required from the feedept NOTE: A separate Fire Department permit is required for tents or canopies. YES NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: People purchase food from stand. If you intend to cook food in the event area please specify the method: GAS Xx ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: 3Units (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs > Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers v Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 6 Trash containers with lids: 1 Dumpster Describe your plan for clean-up and removal of waste and garbage during and after the event: Trash is pick up daily and disposed at dumpster. Dumpster will be rented for event. Please describe your procedures for both Crowd Control and Internal Security: We hire two security guards that will patrol area during event YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Legacy Protective Services Security Organization Address: 1185 Park Center Dr._ vista, CA 92081 Security Director (Name): Lance Sutherland Phone: 760-597-2838 Ext. 11 Et'ES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Circus provides outside lighting for event. Everything is held inside tent that is fully lid. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Circus provides first aid station at ticket office and all employees are instructed to call 911 incase of more severe injury. Please describe your Accessibility Plan for access at your event by individuals with disabilities: We have handicap seating, parking and rest room. Event is on the ground so it's accessible. Please provide a detailed description of your PARKING plan: Parking will be on in three areas of the location. Please see layout. Please describe your plan for DISABLED PARKING: We will provide handicap parking for patrons near tent. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: We'll pass out flyers to neighbors by foot or mail. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YE O Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: OYES _ NO Will sound amplification be used? If YES, please indicate: Start time: 6.00 pm am/pm Finish Time 9:30 pm am/pm YE NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Computer,amplifier & 4 speakers. All the music is in the enclosed tent. Number of Bands: YE47NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YE 0 Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 ©sorio Entertainment Presents January 26, 2012 City of National City 1243 National City Blvd. National City, CA. To Whom It May Concern: too Years Entertainment Experience The American Crown Circus, INC. is requesting a Temporary Use Permit to hold the circus in your community. Following is the information on the circus. The circus is a one ring European style acrobatic show that consists of jugglers, comedic performers, acrobats and magicians. No exotic animals, rides or games of chance. The duration of the show is 1 hr.''/2 per show. The circus will set-up on the morning of the circus date and leave early morning following the circus date and will clean the location after the last performance. Following is the further information and what we provide: Date(s): February 23, 24, 25, 26 & 27, 2012 Location: 3000 National City Blvd., National City, CA Attendance: 150-200 Hours of operation: 6:00 pm to 9:30 pm only Ins. Coverage: $1,000,000.00 General Liability Insurance Porta-Potties: 2 Standard, 1 handicap and a hand washing station. Waste & Recycling: Dumpster rental & recycling bins. Security: Legacy Protective Services: 2 guards patrol area for the safety of our patrons. One of the main goals of the circus is to fill a void by bring good clean reasonable priced live entertainment that all families can attend and enjoy together to your community. The circus donates free kids tickets to local businesses and schools. Thank you for your time and consideration. If you have any questions, please call me at (702) 493-2894. SiricereI >, LW°o bsorio /Treasurer/American Crown Circus, INC. 4088 Pleasant Road • Las Vegas, Nevada 89108 • Tel: (702) 638-8183 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attachvi to this permit. Organization American Crown Circus Person in Charge of Activity Frank Osorio Address 4088 Pleasant Rd., Las Vegas, 89108 Telephone 702 592-7812 Date(s) of Use Feb__ 27, 2012 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and ail claims, demands, costs, losses, liability or, for any personal njury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. :SG nature of Applicant President Official Title Date For Office Use Only Certificate of Insurance Approved Date r° 8 j. A n 5 •Saxo1 5,,Nlk(\4ZD 0\a tAC,g ADlnb7 Y.17�O A S Cv,y��,s oU SJ JwJ Q}-)d� t J rnj "1 FJlb AMERICAN CROWN CIRCUS, INC. Home Office 4088 Pleasant Rd. Las Vegas, NV. 89108 Rental Agreement This Agreement is entered this January 27, 2012 by and between AMERICAN CROWN CIRCUS, INC. (CIRCUS) and Mr. Mccune (Property Owners or Managers). Property Address: 3000 National City Blvd. City: National City State:CA Show Date: Feb. 23, 24, 25, 26 & 27, 2012 Time(s): (4:00) 6:00&8:00 PM THE CIRCUS AGREES 1. To provide full insurance coverage and hold Location Owners harmless for all accidental bodily injury or damage to property resultingfrom CIRCUS ACTIVITIES ONLY -E01i5N' as ielSwY1285 pear lis-l- bv..). 2. To clean and place trash in containers from CIRCUS AREA following performance. 3. To provide business licenses to hold circus. 4. To pay the Property Owners $500.00 per day to use the property. Total $2,500.00 THE PROPERTY OWNERS AGREES 1. To rent lot on above address to hold circus. 2. Not to Sponsor or let another Circus or similar event set up on their property 60 days prior to the circus event. FOR CIRCUS �'� TITLE Treasurer DATE 1/27/12 �rr Signature {� FOR PROPFRTY .,<-‘ �tr, \TITLE 0 Df e-A/ DATE, % •�1.20 I Z Signature PRINT NAME �idelartct c • mC 0 a }, ne t Ile. Q & ADDRESS I3(o 9�SQ.e)(al l S S'". Sant eQo � 1 It c, TELEPHONE: W: (p \q • 101 - 1 t (PHYSICAL 1 SICAL ADDRESS (019 L4 $0, & la 57 ALTERNATE CONTACT: �-I PHONE: This Agreement is void if not signed and returned within 30 days of offer. This Agreement shall not be canceled without written consent of both parties. This Agreement is govern under Nevada Laws. (Qcufe mo-bvs Ri Gh avc S. T\CCJJMe .5 r !'nc Cune Chv0 SoCal C,uski n Vitlgi nia Me0Aredi e i T ru.s-i-ee The TO8 C .'mcG(ed e 1 Y(.s-s* CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: AMERICAN CROWN CIRCUS EVENT: AMERICAN CROWN CIRCUS DATE OF EVENT: February 23-27, 2012 TIME OF EVENT: 6PM TO 9:30PM APPROVALS: DEVELOPMENT SERVICES YES [ x ] NC) [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 ENGINEERING It appears that they are proposing to use an unpaved surface as part of their event parking and support vehicle staging. This is not allowed. Alternative event parking and support vehicle staging must be found. PLANNING Title 12 of the Municipal Code (Noise) shall be adhered to at all times BUILDING Building Division has no comments. PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event. FINANCE Applicant must apply for a business license. COMMUNITY SERVICES No comments/stipulations from Community Services. POLICE The PD's only stipulations are that the organizer has the two security officers stated in the TUP during the entire event each day of operation and once we get the layout there is adequate parking that does not affect surrounding businesses FIRE Due to the unconventional site of the Circus, I decided to due a field inspection of the proposed site. Upon my inspection, several light posts were found Tying on the asphalt due a failure of the metal as a result of corrosion. A third light was found precariously held up by a metal pole! The site was immediately secured with caution tape and contact was made McCune Manager John Holmbeck. A second field visit was conducted with the Building Official and Mr. McCune and his team. It was agreed that McCune Management would remove all light poles and cap all electrical wires and appliances to Building Code Standards. A final inspection shall be conducted by the Building Official and the Fire Marshal before 4:OOpm on Friday February 3, 2012 to confirm compliance. Finally, as long as the requirements required by the City of National City Building and Fire Department are completed by Friday February 3, 2012, compliance by Fire and Building of the TUP shall be granted CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO. 10 iM TITLE: ,National City Sales Tax Update — Third Quarter 2011 PREPARED BY: Tina Norrdin, FSO PHONE: 1619-336-433f APPROVED BY: EXPLANATION: DEPARTMENT: Finance BACKGROUND National City has an on -going contract with Hinderliter, de Llamas & Associates (HdI Companies) for revenue management. Staff meets with a representative of Hdl on a quarterly basis to review sales tax data and trends within the City and Statewide. The Hdl companies also review National city's property tax data and provides an annual report of the Redevelopment Project areas. NEWSLETTER SUMMARY Due to a multi -quarter deduction to correct a prior allocation errors in the building and construction group, sales tax for the third quarter of 2011 came in 2.9% lower than the same quarter one year ago. Excluding this correction, actual sales tax receipts were up 6.5%. Revenues from voter -approved Proposition "D" generated an additional $2,268,404 and equated to a 9.2% increase over a year ago. Although 2011-12 is shaping up to be a period of strong sales tax recovery, most analysts believe +"the pace of growth will slow in 2012-13 with the only disagreement being over the degree of slowdown. attached Newsletter provides additional detail on the economic front. This newsletter is also available on the City's weosite. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file the newsletter BOARD / COMMISSION RECOMMENDATION: iN/A1 ATTACHMENTS: ional City Sales Tax Update Newsletter — Third Quarter 2011 National City In Brief Recei for National City's July througfeptember sales were 2.9% I than the same quarter one year ago. Actual sales activity was up 6.5% when reporting aber- rations were factored out. 7,0 multi -quarter deduction to correct a prior allocation error in the building and construction group was the rea- son for e overall decline in gross 9ipt similar occurrence com- ad wi the conclusion of a public works project accounted for the drop in business and industry. . °°ales activity was in positive ter- ritory for apparel, department and discount department stores while a n tore boosted home furnish- ings he gain in auto -related sec- tors higher sales and new deal- ership ias overstated by a year- ago d tion. Higher fuel prices bumped up ser- vice station returns and restaurant receipts increased. -aevenues from voter -approved Propo n "D" generated an ad- ditiona�2,268,404 for a 9.2% in- crease er a year ago. Adjusted for aberrations, taxable sales for all of San Diego County increased 7.0% over the compara- ble time period, while the Southern ralifornia region as a whole was up a. ationa es Tax Update Forth. Quarler-Receipts for Third Quarter Sales Du(y- September 20110 SALES TAX BY MAJOR BUSINESS GROUP $1,200 ,000 $1,000,000 $800,000 $600 000 $400,000 $200,000 so ($200,000) ($400,000) Autos and Transportation General Consumer Goods ■ Restaurants and Hotels To 25 PRODUCERS In Alphabetical Order Arco AM PM Ball Honda Acura Mitsubishi & Suzuki Frank Motors Frank Subaru Highland Arco JC Penney Macys McCune Motors Mor Furniture for Less Mossy Nissan National City Auto Center National Gas Perry Ford Probuild Company Ron Baker Chevrolet Isuzu Ross Satis Vacuum South Bay Volkswagen Suzuki Target Thrifty Gas Univar Vintners Distributors Walmart Wescott Mazda Kia Westair Gases & Equipment rr Fuel and Service Stations Business and Industry ® 3rd Quarter 2010 ■ 3rd Quarter 2011 Food and Drugs ti Building and Construction REVENUE COMPARISON Two Quarters — Fiscal Year To Date 2010-11 2011-12 Point -of -Sale County Pool State Pool $5,451,289 645,659 645,465 3,890 $5,673,614` 399. Gross Receipts Less Triple Flip* $6,100,839 $(1,525,210) S6,319,479 $(1,579,8,70)> Gross Trans. Tax $4,083,255 $4,476,20I *Reimbursed front county compensation fund Published by_HdL Companies ir1 Winter 2012:: www.hdlcompanies.con1 1888 861`.0220 ' co mFk Q3 2011 National City Sales Tax Update California Overall Adjusted for accounting aberra- tions, statewide local sales and use tax revenues for July through Sep- tember transactions increased 8.6% over last year's comparison quarter. This is the seventh consecutive quarterly gain since the beginning of the recovery. All categories were up with re- ceipts from higher fuel prices ac- counting for much of the state- wide increase. Sales of new autos, consumer goods and quick and full service restaurants also exhibited solid growth. The Foggy Crystal Ball Although 2011-12 is shaping up to be a period of strong sales tax recovery, most analysts believe that the pace of growth will slow` in 2012-13 with the only disagree- ment being over the degree of slowdown. Additional state budget cuts, con- tinued high unemployment, fur- ther declines in horn values and unstable fuel prices are part of the uncertainty. 'l'he financial turmoil in Europe is also of concern. Manufacturers, growers, distribu- tors, transporters and other com- panies involved in export trade make up 25% of the state's gross product. The European crisis has the potential of slowing the de- mand for both U.S. and Asian goods which would also pare the growth of California's Asian mar- kets. Comparative strengthening of the U.S. dollar would also make ex- ports more expensive. Analysts worry about the resulting impact on Silicon Valley's technol- ogy industries, the Central Valley's agricultural exports and Southern California's transportation sector. Sales Tax and the Internet In 1992, the Supreme Court ruled that interstate commerce rules pre- clude states from requiring sellers without an in -state physical pres- ence to collect local taxes. Since that time, attempts to interest Con- gress in correcting the problem have been unsuccessful. With internet sellers becoming a major retail competitive force and more states adopting legislation expanding the definition of what constitutes "physical presence," the need for fairness and unifor- mity is softening opposition. This year, three competing bills were introduced in Congress that would allow the collection of local taxes. These are: S.1452, H.R. 3179 and S. 1832. Given the general discord and pa- ralysis in Congress, there is some question of whether any of these will pass. However, a compromise agreement between the State of California and Amazon has resulted in legislation (AB 155) that requires in -state affiliates of remote sellers to begin collecting and remitting sales and use tax by September 15, 2012. Estimates on the amount of new revenues that will be generated have been difficult to develop but local agencies should not expect gains of more than $1 per capita. More on the congressional legisla- tion can be found in HdL's Decem- ber issues paper. • SALES PER CAPITA National City County Califomia NATIONAL CITY TOP 15 BUSINESS TYPES Business Type Department Stores Discount Dept Stores Electronics/Appliance Stores Family Apparel Heavy Industrial Home Fumishings Light lndustrial/Printers Lumber/Building , Materials New Motor Vehicle Dealers Restaurants No Alcohol Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women s Apparel Total All Accounts County & State Pool Allocation Gross Receipts National City Q3'11• Change 119.5 212.9 53.0 163.0 59.5 46.3 60.0 49.8 874.8 226.3 223.6 53.1 72.0 84.0 89.1 52,645.9 298.5 $2,9444 6.3% 9.5% -1.9% 9.3% 1.7% 535.0% 91.0% -1.1 % 19.8% 5.4% 13.4% 21.6% -9.2% 46.7% 13.9% Change; 3.1% 0.7% -1.1 % 10.0% 38.4% 6.1% 10.0% 3.1% 11.1% 6.9% 18.2% 12.7% -0.5% 9.2% 11.9% 5.1 % 3.1% -9.2% 7.9% 20.5% 7.5% 3.0% 4.1 % 12.2% 7.0% 20.5% 16.1% 8.3% 10.9% 10.0% • CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7th, 2012 AGENDA ITEM NO. 11 =M TITLE: Warrant Register #25 for the period of 12/14/11 through 12/20/11 in the amount of $26,267.52 PREPARED BY: K. Apalategui1 DEPARTMENT: Financ PHONE: 619-336-43311 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/14/11 through 12/20/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation FINANCIAL STATEMENT: ACCOUNT NO. 'IN/ql ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $26,267.52 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: errant Register #25 PAYEE SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 25 12/20/2011 DESCRIPTION Start Date 12/14/2011 End Date 12/20/2011 1/1 CHK NO DATE AMOUNT A/P Total 0.00 26,267.52 GRAND TOTAL $ 26,267.52 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY "I'O THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY 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 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 7th OF FEBRUARY, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7th, 2012 AGENDA ITEM NO. ]J2 EM TITLE: Warrant Register #26 for the period of 12/21/11 through 12/27/11 in the amount of $839,488.72 PREPARED BY: K. Apalategui DEPARTMENT: Finan PHONE: 619-336-4331 APPROVED BY: EXPLANATION: 'Per Government Section Code 37208, attached are the warrants issued for the period of 12/21/11 through 12/27/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation FINANCIAL STATEMENT: ACCOUNT NO. IN/A ENVIRONMENTAL REVIEW: N/P ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $839,488.72 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: rant Register #26 PAYEE WARRANT REGISTER # 26 12/27/2011 DESCRIPTION PAYROLL Pay period Start Date End Date Check Date 26 11/29/2011 12/12/2011 12/21/2011 1/1 CHK NO DATE AMOUNT A/P Total 0.00 839,488.72 GRAND TOTAL $ 839,488.72 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7th, 2012 AGENDA ITEM NO. ]3 EM TITLE: Warrant Register #27 for the period of 12/28/11 through 01/03/12 in the amount of $1,157,000.66 PREPARED BY: ''K. Apalategui' DEPARTMENT: Finan PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/28/11 through 01/03/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Public Emp Ret System 300085 273,228.03 Service Period 12-11-4 SDG&E 300089 60,350.37 Street 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 $1,157,000.66 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #27 1/3 iivcoR.P6g/tTED WARRANT REGISTER # 27 1/3/2012 PAYEE DESCRIPTION CHK NO DATE AMOUNT ACEDO RETIREE HEALTH BENEFITS/JAN 2012 300001 1/3/12 160.00 ALLEN RETIREE HEALTH BENEFITS/JAN 2012 300002 1/3/12 125 00 ANDERSON RETIREE HEALTH BENEFITS/JAN 2012 300003 1/3/12 110.00 BECK RETIREE HEALTH BENEFITS/JAN 2012 300004 1/3/12 140.00 BISHOP RETIREE HEALTH BENEFITS/JAN 2012 300005 1/3/12 110.00 BOYD RETIREE HEALTH BENEFITS/JAN 2012 300006 1/3/12 145.00 CONDON RETIREE HEALTH BENEFITS/JAN 2012 300007 1/3/12 280.00 CORPUZ RETIREE HEALTH BENEFITS/JAN 2012 300008 1/3/12 140.00 DANESHFAR RETIREE HEALTH BENEFITS/JAN 2012 300009 1/3/12 250.00 DEFRATIS RETIREE HEALTH BENEFITS/JAN 2012 300010 1/3/12 120.00 DESROCHERS RETIREE HEALTH BENEFITS/JAN 2012 300011 1/3/12 110.00 DICERCHIO RETIREE HEALTH BENEFITS/JAN 2012 300012 1/3/12 70.00 DREDGE RETIREE HEALTH BENEFITS/JAN 2012 300013 1/3/12 250.00 EISER III RETIREE HEALTH BENEFITS/JAN 2012 300014 1/3/12 250.00 GELSKEY RETIREE HEALTH BENEFITS/JAN 2012 300015 1/3/12 115.00 GIBBS JR RETIREE HEALTH BENEFITS/JAN 2012 300016 1/3/12 120.00 HANSON RETIREE HEALTH BENEFITS/JAN 2012 300017 1/3/12 135.00 ES RETIREE HEALTH BENEFITS/JAN 2012 300018 1/3/12 200.00 IS RETIREE HEALTH BENEFITS/JAN 2012 300019 1/3/12 185.00 JAMES RETIREE HEALTH BENEFITS/JAN 2012 300020 1/3/12 140.00 SERVATIUS RETIREE HEALTH BENEFITS/JAN 2012 300021 1/3/12 340.00 JUNIEL RETIREE HEALTH BENEFITS/JAN 2012 300022 1/3/12 50.00 KIMBLE RETIREE HEALTH BENEFITS/JAN 2012 300023 1/3/12 300.00 LANDA RETIREE HEALTH BENEFITS/JAN 2012 300024 1/3/12 155.00 LIMFUECO RETIREE HEALTH BENEFITS/JAN 2012 300025 1/3/12 160.00 MATIENZO RETIREE HEALTH BENEFITS/JAN 2012 300026 1/3/12 100.00 MCCABE RETIREE HEALTH BENEFITS/JAN 2012 300027 1/3/12 280.00 MEDINA RETIREE HEALTH BENEFITS/JAN 2012 300028 1/3/12 105.00 MURRAY RETIREE HEALTH BENEFITS/JAN 2012 300029 1/3/12 150.00 MYERS RETIREE HEALTH BENEFITS/JAN 2012 300030 1/3/12 140.00 NOSAL RETIREMENT SETTLEMENT/JAN 2012 300031 1/3/12 1,137.19 OCHOA RETIREE HEALTH BENEFITS/JAN 2012 300032 1/3/12 125.00 PAUU RETIREE HEALTH BENEFITS/JAN 2012 300033 1/3/12 340.00 PEASE JR RETIREE HEALTH BENEFITS/JAN 2012 300034 1/3/12 140.00 POST RETIREE HEALTH BENEFITS/JAN 2012 300035 1/3/12 280.00 POTTER RETIREE HEALTH BENEFITS/JAN 2012 300036 1/3/12 150.00 RAY RETIREE HEALTH BENEFITS/JAN 2012 300037 1/3/12 190.00 ROARK RETIREE HEALTH BENEFITS/JAN 2012 300038 1/3/12 135.00 ROE RETIREE HEALTH BENEFITS/JAN 2012 300039 1/3/12 120.00 RUIZ RETIREE HEALTH BENEFITS/JAN 2012 300040 1/3/12 310.00 SHORT RETIREE HEALTH BENEFITS/JAN 2012 300041 1/3/12 300.00 STRASEN RETIREE HEALTH BENEFITS/JAN 2012 300042 1/3/12 135.00 7 RETIREE HEALTH BENEFITS/JAN 2012 300043 1/3/12 135.00 S RETIREE HEALTH BENEFITS/JAN 2012 300044 1/3/12 125.00 ZIETLOW RETIREE HEALTH BENEFITS/JAN 2012 300045 1/3/12 150.00 ALIGNMENT EXPRESS REPAIR LOWER A ARM MOUNTING 300046 1/3/12 1,396.12 ALL FRESH PRODUCTS FOOD / NUTRITION CENTER 300047 1/3/12 5,761.52 ASSI SECURITY INC PANIC BUTTON REPAIR AT LIBRARY 300048 1/3/12 1,020.00 2/3 PAYEE AT&T/MCI BONSUISSE INC BUREAU VERITAS N AMERICA CALIFORNIA ELECTRIC SUPPLY CAROUEST AUTO PARTS CHAPMAN APPLIANCE SVCS INC CINTAS DOCUMENT MANAGEMENT COMPUTERS BY DESIGN, INC. COUNTY OF LOS ANGELES COUNTY OF SAN DIEGO COX COMMUNICATIONS DEPARTMENT OF INDUSTRIAL ESGIL CORPORATION FEDEX GRAINGER HAMILTON MEATS & PROVISIONS HINDERLITER DE LLAMAS & ASSOC HORIZON HEALTH EAP IKON OFFICE SOLUTIONS JASON TAYLOR JOSSE LASER SAVER INC LEXIS NEXIS LIFE -ASSIST, INC. MASON'S SAW & MCDOUGAL LOVE ECKIS MOTOR INFORMATION SYSTEMS NAPA AUTO PARTS NATIVIDAD PEACE OFFICERS RESEARCH PFEIFER PIERSON PORAC LEGAL DEFENSE FUND PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RPM WELDING INC S D COUNTY SHERIFF'S DEPT SAN DIEGO FITNESS EQUIPMENT SDG&E SILVA STAPLES ADVANTAGE SYSCO SAN DIEGO THE LIGHTHOUSE INC VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL WEST PAYMENT CENTER NA:1;8'S 7 C.. ;10.6iti.cixtkrED WARRANT REGISTER # 27 1/3/2012 DESCRIPTION SBC AT&T PHONE SERVICE FOR FY12 MILK & DAIRY DELIVERY / NUTRITION SERVICES OCTOBER 22, TO NOVEMBER 1, 2011 300051 MOP 45698 ELECTRICAL MATERIAL MICRO V-BELT, AUTO RENSIONER. IDLER MAINT FOR KITCHEN APPLIANCES/NUT MONTHLY SHREDDING / POLICE CYBRARYN ANNUAL SUBSCRIPTION GUNSHOT RESIDUE TESTS / POLICE OBSERVER SAFETY CLOTHING / PD COX COMMUNICATIONS DATA & VIDEO WC CLAIMS COST - 7/1/11-6/30/12 CONSULT SVCS / BUILDING FEDEX SHIPMENT / CITY ATTORNEY MOP 65179 ELECTRICAL MATERIAL MEAT DELIVERY / NUTRITION CONTRACT SVCS/SALES TAX 4TH QTR EMPLOYEE ASST PROGRAM / DEC 2011 COPIER MAINT / 8/21/11-11/20/11 EDUCATIONAL REIMBURSEMENT / PD 125 PLAN REIMBURSEMENT MOP# 45729. INK CARTRIDGES/ ATTNY ONLINE LEGAL RESEARCH / NOV 2011 AB85 PEDI POCKET MASK / FIRE MOP# 45729. SUPPLIES / FIRE DEPT LEGAL SERVICES THROUGH 11/30/11 MOTOR ALLDATA SUBSCRIPTION / PW MOP 45735 AUTO PARTS 125 PLAN REIMBURSEMENT PORAC - 1/01/2012 125 PLAN REIMBURSEMENT REIMBURSEMENT/ REFRESHMENTS LEGAL DEFENSE FUND JAN-MAR 2012 MOP 45707 MATERIALS & SUPPLIES KNIFE SHARPENING SVCS / NUTRITION MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 12-11-4 MOP 45749 REPAIRS TO WINDOW SHERIFF'S RANGE USE / POLICE INSPECTION OF GYM EQUIP / FIRE STREET GAS & ELECTRIC 125 PLAN REIMBURSEMENT 45704 MATERIALS & SUPPLIES FOOD & CONSUMABLES / NUTRITION MOP 45726 AUTO PARTS STRAY ANIMAL VET CARE / POLICE K9 VET CARE / POLICE CLEAR DATABASES / PD / NOV 2011 CHK NO DATE AMOUNT 300049 1/3/12 1,190.58 300050 1/3/12 749.45 1/3/12 375.00 300052 1/3/12 19.06 300053 1/3/12 33476 300054 1/3/12 172.46 300055 1/3/12 390.55 300056 1/3/12 1,139.95 300057 1/3/12 502.00 300058 1/3/12 30.00 300059 1/3/12 3,000.00 300060 1/3/12 35,518.85 300061 1/3/12 12,948.00 300062 1/3/12 23.26 300063 1/3/12 91.08 300064 1/3/12 1,847.37 300065 1/3/12 12,996.03 300066 1/3/12 741 "" 300067 1/3/12 3,94; 300068 1/3/12 1, 500.vu 300069 1/3/12 384.60 300070 1/3/12 152.14 300071 1/3/12 427.38 300072 1/3/12 106.82 300073 1/3/12 133.62 300074 1/3/12 1,162.25 300075 1/3/12 1,500.00 300076 1/3/12 294.63 300077 1/3/12 1,310.00 300078 1/3/12 130.00 300079 1/3/12 213.87 300080 1/3/12 55.15 300081 1/3/12 195.00 300082 1/3/12 863.04 300083 1/3/12 46.00 300084 1/3/12 144.96 300085 1/3/12 273,228.03 300086 1/3/12 360 85 300087 1/3/12 100.00 300088 1/3/12 110.00 300089 1/3/12 60,350.37 300090 1/3/12 1,419.95 300091 1/3/12 8F 300092 1/3/12 3,0. 300093 1/3/12 178.44 300094 1/3/12 303.20 300095 113/12 783.83 300096 1/3/12 412.80 PAYEE ZOLL MEDICAL CORP BEST BEST & KRIEGER LLP CITY OF SAN DIEGO EQUIFAX INFORMATION SVCS FEDEX LASER SAVER INC SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY VISTA PAINT SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 27 1/3/2012 DESCRIPTION SINGLE CHEST COMPRESSION BAND AMENDMENT TO THE AGREEMENT BETWEEN E SD ENTERPRISE ZONE 2ND QTR EQUIFAX INFO SVCS / SEC 8 EXPRESS MAIL SERVICE / REDEV MOP# 45725. INK CARTRIDGES/SEC8 GAS AND ELECTRIC UTILITIES / CDC MOP# 45704. OFFICE SUPPLIES / CDC WATER UTILITIES / CDC MOP# 68834. PAINT / NSD Start Date 12/18/2011 End Date 1/3/2012 GRAND TOTAL CHK NO DATE 300097 1/3/12 300098 1/3/12 300099 1/3/12 300100 1/3/12 300101 1/3/12 300102 1/3/12 300103 1/3/12 300104 1/3/12 300105 1/3/12 300106 1/3/12 A/P Total 3/3 AMOUNT 3,486.80 1,145.45 12,125.00 128.44 77.65 242.12 254.70 86.90 39.36 36.73 460,282.72 696,717.94 $ 1,157,000.66 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 71h, 2012 AGENDA ITEM NO.11 EM TITLE: Warrant Register #28 for the period of 01/04/12 through 01/10/12 in the amount of $1,361,506.47 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 01/04/11 through 01/10/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Safdie Rabines Architects 300117 50,666.20 Health Net Inc 300164 66,953.71 ser Health Plans 300169 153,532.54 FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: IN/A ENVIRONMENTAL REVIEW: N/P ORDINANCE: INTRODUCTION: FINAL ADOPTION: Explanation Professional services/ Aquatic center / Nov 2011 Health Ins R1192A Jan 2012 Kaiser Ins Active / Jan 2012 Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,361,506.47 BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: rrant Register #28 PAYEE CORPORATE PAYMENT SYSTEMS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO EDCO DISPOSAL CORPORATION GEOSYNTEC CONSULTANTS INC MAYER HOFFMAN MCCANN P C NBS POWER PLUS PRO BUILD PRUDENTIAL OVERALL SUPPLY SAFDIE RABINES ARCHITECTS ABCANA INDUSTRIES ACE UNIFORMS & ACCESSORIES INC ADAMSON POLICE PRODUCTS ADDICTION MEDICINE AK & COMPANY """IDA WALKER JAVIER .1 MOBILITY AT&T/MCI AUSTIN DOORS BAVENCOFF JR BONSUISSE INC BOYS & GIRLS CLUB BOYS & GIRLS CLUB BOYS & GIRLS CLUB BOYS & GIRLS CLUB BOYS & GIRLS CLUB BRENNTAG PACIFIC INC CAPE CALIFORNIA LAW ENFORCEMENT CEB CHAPMAN APPLIANCE SVCS INC CHEVRON & TEXACO CITY OF CHULA VISTA CITY OF CHULA VISTA CITY OF CHULA VISTA CLAIMS MANAGEMENT ASSOCIATES CMRTA COOPER'S PLUMBING & HEATING COUNTY OF SAN DIEGO ZTCALL LLC :OMMUNICATIONS GULLIGAN DAY WIRELESS SYSTEMS DELTA CARE USA DELTA DENTAL WARRANT REGISTER #28 1/10/2012 DESCRIPTION CREDIT CARD CHARGES DOCUMENT REVIEW / CONSULT PROPERTY TAXES WASTE DISPOSAL SERVICES / CDC ENVIRONMENTAL CONSULT/AUG 2011 3RD BILLING/ANNUAL AUDIT OF CNC LANDSCAPE MAINTENANCE / REDEV SERVICE CALL / REDEV MOP# 45707. PAINTING SUPPLIES/NSD MOP# 45742. LAUNDRY SVCS / NSD PROF SVCS/ AQUATIC CNTR/NOV 2011 POOL CHEMICALS TRU-SPEC UNIFORMS / POLICE SUPPLIES FOR POLICE DEPT MEDICAL SERVICES FIRST OF TWO EQUAL INSTALLMENTS REFUND -OVERPAYMENT REFUND - VIOLATION DISMISSAL SECURE WIRELESS CIRCUIT / PD SBC AT&T PHONE SERVICE / CITY DOOR REPAIRS SUPERVISORY COURSE MILK & DAIRY DELIVERY / NUTRITION 2012 ANNUAL DINNER 01/21/12 2012 ANNUAL DINNER 01/21/12 2012 ANNUAL DINNER 01/21/12 2012 ANNUAL DINNER 01/21/12 2012 ANNUAL DINNER 01/21/12 POOL CHEMICALS FIRE/LTD JAN 2012 PD/LTD JAN 2012 DEBT COLLECTION PRACTICE REPAIRS/NUT KITCHEN APPLIANCES MOP 45699 GAS ANIMAL SHELTER COSTS / POLICE PROFESSIONAL SERVICES PROFESSIONAL SERVICES CONSULTANT SERVICES ANNUAL MEMBERSHIP COST PLUMBING SERVICES, REPAIRS RCS MAINTENANCE / DEC 2011 COURTCALL APPEARANCE / HEARING COX COMMUNICATIONS DATA & VIDEO WATER SOFTENER SVCS / KITCHEN COMPANY MAINT / DEC 2011 / FIRE PM! DENTAL INS DELTACARE JAN'12 DENTAL INS JAN 2012 1/3 CHK NO DATE AMOUNT 300107 1/10/12 58.51 300108 1/10/12 2,115.80 300109 1/10/12 1,814.06 300110 1/10/12 104.75 300111 1/10/12 2,695.95 300112 1/10/12 9,250.00 300113 1/10/12 823.54 300114 1/10/12 445.00 300115 1/10/12 191.88 300116 1/10/12 67.23 300117 1/10/12 50,666.20 300118 1/10/12 229.29 300119 1/10/12 3,546.88 300120 1/10/12 413.25 300121 1/10/12 89.50 300122 1/10/12 3,300.00 300123 1/10/12 20.00 300124 1/10/12 60.00 300125 1/10/12 1,920.33 300126 1/10/12 6,177.94 300127 1/10/12 1,127.43 300128 1/10/12 1,499.78 300129 1/10/12 301.09 300130 1/10/12 50.00 300131 1/10/12 50.00 300132 1/10/12 50.00 300133 1/10/12 50.00 300134 1/10/12 50.00 300135 1/10/12 1,265.04 300136 1/10/12 560.00 300137 1/10/12 1,579.50 300138 1/10/12 199.66 300139 1/10/12 1,001.66 300140 1/10/12 441.79 300141 1/10/12 26,403.00 300142 1/10/12 6,103.32 300143 1/10/12 1,260.00 300144 1/10/12 4,965.00 300145 1/10/12 50.00 300146 1/10/12 1,490.71 300147 1/10/12 9,063.00 300148 1/10/12 78.00 300149 1/10/12 129.40 300150 1/10/12 7.00 300151 1/10/12 1,000.75 300152 1/10/12 2,944.22 300153 1/10/12 12,628.28 2/3 PAYEE DFM ASSOCIATES ENTENMANN ROVIN COMPANY GAYLENE GRAVES CSR GRAINGER GREEN MECHANICAL CONTRACTORS HAJOCA CORPORATION HAMILTON MEATS & PROVISIONS HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HOME DEPOT CREDIT SVCS HONEYWELL INTERNATIONAL INC JUDD ELECTRIC KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KONE LASER SAVER INC LAW OFFICES OF DON DETISCH LIND ELECTRONIC DESIGN CO. INC MASON'S SAW & MAYER HOFFMAN MCCANN P C MEGGITT TRAINING SYSTEMS INC. MOTOR COP SHOP, INC. MOTOROLA N C CHAMBER OF COMMERCE NATIONAL CITY CAR WASH NEXUS IS INC ORANGE COUNTY SHERIFFS DEPT PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PBS&J PRIME SPORTS SALES & DESIGN PRUDENTIAL OVERALL SUPPLY RELIANCE STANDARD REX ALLEN MCCOMBS SAN DIEGO BMW MOTORCYCLES SDG&E SIMPLER LIFE EMERGENCY PROVISI SMART & FINAL SMART SOURCE OF CA LLC SPARKLETTS STAPLES ADVANTAGE SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LINCOLN NATIONAL LIFE INS emL- ®' .NNAT ` INCORPORATED WARRANT REGISTER #28 1/10/2012 DESCRIPTION 2012 CALIFORNIA ELECTIONS CODE BADGES / FIRE DEPT REPORTERS TRANSCRIPT MOP# 65179 ELECTRICAL SUPP / BUIL HVAC REPAIRS PLUMBING MATERIAL PURCHASES MEAT DELIVERY FOR NUTRITION CENTER, A: HEALTH FULL NETWORK 57135A HEALTH NET R1192F JAN 2012 HEALTH NET 57135F JAN 2012 HEALTH INS R1192A JAN 2012 HEALTH INS 57135J JAN 2012 200 WHITE BULBS REPAIRS EMERGENCY ELECTRICAL REPAIRS KAISER INS ACTIVE JAN 2012 KAISER RET INS JAN 2012 EMERGENCY ELEVATOR REPAIRS MOP# 45725. INK CARTRIDGES/ ENG DON DETISCH NOV 2011 ADAPTER FOR TOUGHBOOK / FIRE GENERATOR 2ND BILLING/ANNUAL AUDIT OF CNC RANGE MAINT AND REPAIR / POLICE MOTORCYCLE HELMETS / POLICE M2OURS9PW1AN, XTL5000 MOBILE 10-35 ANNUAL INSTALLATION DINNER CAR WASHES NEXUS PHONE SYS SVC / DEC 2011 SUPERVISORY COURSE SMOG CERTIFICATION/REPAIRS JANITORIAL SUPPLIES / NUTRITION WASTEWATER CONSULTANT SVCS TEAMWORK BASKETBALL SHIRT/CSD MOP 45742 LAUNDRY SERVICE VTL JAN 2012 REFUND - CITATION DISMISSAL R&M CITY VEHICLES STREET GAS & ELECTRIC PATIENT DELUXE MEDICAL KIT/FIRE MOP# 45756. SUPPLIES / MYR #10 ENVELOPE MASTERS FOR CITY WATER / MYR OFFICE MOP# 45704. OFFICE SUPPLIES/ POLICE FACILITIES WATER BILL FOOD & CONSUMABLES / NUTRITION LIFE & AD&D STD LTD INS JAN 2012 CHK NO DATE AMOUNT 300154 1/10/12 52.28 300155 1/10/12 99.55 300156 1/10/12 82.40 300157 1/10/12 54.57 300158 1/10/12 2,242.65 300159 1/10/12 308.75 300160 1/10/12 221.00 300161 1/10/12 6,764.73 300162 1/10/12 2,101.57 300163 1/10/12 1,304.42 300164 1/10/12 66,953.71 300165 1/10/12 1,284.78 300166 1/10/12 545.79 300167 1/10/12 13, 776.35 300168 1/10/12 2,118.82 300169 1/10/12 153, 532.54 300170 1/10/12 11, 678.2^ 300171 1/10/12 3,92E 300172 1/10/12 59. , 300173 1/10/12 6,197.29 300174 1/10/12 106.95 300175 1/10/12 2,341.49 300176 1/10/12 28,975.00 300177 1/10/12 1,795.00 300178 1/10/12 779.90 300179 1/10/12 6,564.42 300180 1/10/12 75.00 300181 1/10/12 200.00 300182 1/10/12 130.00 300183 1/10/12 118.00 300184 1/10/12 1,001.64 300185 1/10/12 479.98 300186 1/10/12 1,130.50 300187 1/10/12 150.21 300188 1/10/12 686.70 300189 1/10/12 2,406.51 300190 1/10/12 45.00 300191 1/10/12 21.42 300192 1/10/12 1,655.63 300193 1/10/12 153.46 300194 1/10/12 51.21 300195 1/10/12 1,543' 300196 1/10/12 300197 1/10/12 2,469.60 300198 1/10/12 21,792.48 300199 1/10/12 2,201.36 300200 1/10/12 8,456.11 PAYEE THE STAR NEWS THE STATE BAR OF CALIFORNIA THOMSON WEST TURF MAKER UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS PAYROLL Pay period Start Date 1 12/13/2011 WARRANT REGISTER #28 1/1 0/2012 DESCRIPTION UNCLAIMED PROPERTY CA STATE BAR MEMBERSHIP LEGAL PUBLICATIONS FOR FY12 NITRA KING 19-4-4 (40#) UPS SHIPMENT SWEEPER REPAIRS STRAY ANIMAL VET CARE / POLICE VERIZON WIRELESS PHONE SERVICE End Date 12/26/2011 Check Date 1/4/2012 CHK NO DATE 300201 1/10/12 300202 1/10/12 300203 1/10/12 300204 1/10/12 300205 1/10/12 300206 1/10/12 300207 1/10/12 300208 1/10/12 A/P Total 3/3 AMOUNT 45.00 33.00 1,504.04 486.87 92.98 842.32 500 68 4,453.85 524,934.38 836,572.09 GRAND TOTAL $ 1,361,506.47 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO. 15 EM TITLE: Continued Public Hearing — 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 DEPARTMENT: PHONE: 336-4313 APPROVED BY. opment Svcs/Planning. 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. The attached background report describes the proposal in more detail. Council held a hearing on the subject project at their meeting of January 24, 2012, at which time the applicant asked for a continuance in order to study comments and potential conditions recommended by the Police Department. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: L I FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Conditional Use Permit be approved, and that recommended conditions include in the attached Police Dept. memo be incorporated as Conditions of Approval. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, DeLaPaz, Farias, Flores, Pruitt, Reynolds Absent: Baca ATTACHMENTS: Background Report Recommended Findings for Approval 3. Recommended Conditions 4. Location Map 5. Police Recoi m ndation — Dept. Metro 6. Public Hearing Notice 7. Notice of Exemption 8. Site Photos 9. Applicants Plans BACKGROUND REPORT The project site is an approximately 81,000 square -foot lot developed with a 42,640 square -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. 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. 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 use only). In 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. 1 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 Tess 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. 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. Concerns with tattoo shops usually focus on community character, particularly in cases of concentration 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 2 be located within an existing building in an industrial area and not visible from the exterior. 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. 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. 3 RECOMMENDED FINDINGS FOR APPROVAL 2011-28 CUP, 3201 Hoover Avenue 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. That the site has sufficient ac'cPss 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. 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. 4 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 Califomia 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. 5 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 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'/2 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.Al1 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 6 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.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 National City Land Use Code. 8 Subject Parcel — — — Zone Boundary IL-J I Feet 0 75 150 300 APN: 562-330-21 Planning Commission Location Map 2011-28 CUP 9 11.17.11 NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: January 18, 2012 TO: Dr. Adolfo Gonzales, Chief of Police FROM: Julian Villagomez, Community Services Sergeant SUBJECT: Recommended Conditions for public or private events at the Harley Davidson Dealership. The following are recommended conditions of approval prior to TUP/CUP permits requested by the Harley Davidson Dealership located at 3201 Hoover Avenue. 1. Harley Davidson shall notify the National City Police Department in writing, 30-Days in advance of any hosted event. This includes private parties, gatherings, car and motorcycle shows and special events. 2. Hosted events where there will be the consumption or distribution of alcohol shall require a 30-Day advance written notice of the event to the National City Police Department in accordance with the approval/ permit of the Department of Alcoholic Beverage Control (ABC). The events catering company shall be a licensed catering business. 3. Large events require a Private Security company that is licensed and bonded for both armed and un-armed security personnel dependent on the event and the number of expected guests. Large groups are defined as groups or crowds of more than 50 people. Private Security personnel shall use the National City Police guidelines of "span and control" to ensure the safety and security of private security personnel and the events attendees. The private security company's name and certifications shall be forwarded in writing to the National City Police Department 30-Days in advance of the event. 4. All tattooing and body piercing activities shall conform to state, county and city laws and business permits. To ensure the integrity of the artists and tattoo parlor, a business log shall be kept to properly identify that all customers are of 18 years of age. The log shall include the customers name, date of birth, address and valid government issued identification as specified in National City Municipal Code Section NCMC 9.54. The customer log shall be available upon request to the National City Police Department. A copy of the customer log shall be forwarded to the National City Police Department on a monthly basis. 5. Should there be a consistent community or business complaint concerning issues of adequate parking along surface streets, during large events such as but not limited to car 09-07/MR 10 and motorcycle shows, gatherings and special events; the National City Police Department requests the National City Traffic and Safety Committee review the overflow and impact of overflow parking onto City streets due to the hosted events. The Traffic and Safety Committee shall share their finding with the National City Police Department for any future enforcement considerations. 6. "No Loitering" signs shall be visible to the public at the entrances/exits of the Harley Davidson Dealership. 09-07/MR 11 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 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 planninc 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 MARYAM BABAKI Development Services Director 12 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 13 2011-28 CUP —3201 Hoover Ave. — Sweetwater Harley Davidson — Site Photos Building Entrance looking east Rooftop deck looking west 14 Showroom area looking south 15 OFF)ce CK 5-1-ai( (04 EXHIBIT A CASE FILE NO. 2011-28 CUP DATE: 10/27/2011 oFrce Ai -ob 16 - CC p r X • CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO. 16 iM TITLE: Public Hearing — 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 (Applicant: Benny Adler) (Case File 2010-33 CUP, Z) (vliL PREPARED BY: Martin Reeder DEPARTMENT: D o 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. 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. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of January 10, 2012. Discussion focused on event security and the need for periodic review of the CUP for compliance. The Council set the item for hearing in order to consider addition conditions related to these issues. The attached background report 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 / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit and Zone Variance. Ayes: Alvarado, DeLaPaz, Farias, Flores, Pruitt, Reynolds Absent: Baca ATTACHMENTS: Background Report Recommended Findings for Denial/Approval 3. Recommended Conditions 4. Location Map 6. Police Beat Map 7. Department and Agency comments 8. Applicant's summary of activites 9. Applicants Plans BACKGROUND REPORT The project site is a 6,548 square -foot lot on the southwest corner of East 8th Street and A Avenue in Downtown 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). 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 less than required parking for the expansion was never formalized. 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 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 i floor area being added to the business; no additional parking spaces are proposed. No plans were 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. 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. 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 over calls for service to similar establishments in the City, including Trophy Lounge and National City 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%. 2 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. 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. 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. Planning Commission conducted a public hearing on December 5, 2011, at which time commissioners discussed 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. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of January 10, 2012. Discussion focused on event security and the need for periodic review of the CUP for compliance. The applicant agreed in concept to conditions related to these issues. Council held the item over for hearing in order for conditions to be added to address security and periodic permit review. Conditions number 7 and 22 have been added in this regard. 3 RECOMMENDED FINDINGS FOR DENIAL OF THE CONDITIONAL USE PERMIT 2010-33 CUP — McDini's Live Entertainment 1. That the proposed use will have an adverse effect upon adjacent or abutting properties, 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. 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 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 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. 4 RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 2010-33 CUP — McDini's Live Entertainment 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. 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. 3. 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. 5 RECOMMENDED CONDITIONS OF APPROVAL 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 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. If approved, this Conditional Use Permit shall be subject to a six-month review in order to guarantee compliance with Conditions of Approval and to ensure no significant impacts to area residents or uses have occurred. The CUP shall be reviewed every six months after approval for a minimum of two years. 8. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6 Building 9. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 10. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 11. Live entertainment shall be limited to between the hours of 6 p.m. to 1 a.m. Thursday through Sunday. 12. All operations and activities, including live entertainment, shall comply with Title 12 (Noise Control) of the National City Municipal Code. 13. All doors shall remain closed during any and all live entertainment events. 14. 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. 15. 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. 16. The Conditional Use Permit shall be subject to review by the Planning Commission one year from the date of the Resolution approving said permit. 17. 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. 18. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on or in front of the premises. 19. 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." 7 20. 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. 21. 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. 22. A minimum of two security guards shall be present outside the building during and after entertainment events. At least one of the security guards shall be an off -duty police officer or equivalent. Police 23. 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. 8 Location — Zone._130undiary co ••• 10 Feet 0 75 150 300 105 E. 8th Street Planning Commission Location Map 2010-33 CUP \ 1, 1 1l va` r 1• ` 2OOr0 iarosoll Corporation andlorts"sPaplerS'.A l ets r�servefl.Porhons 9/005�1StalIShieltIe$iorporation. Alt rihis retservetl Ca ir�ma pi B and dOechdT� d Wei 2O05 NIA VIEO All rights reserved-AA'and - AVCE6 ON BOAR;tarett.0etnnarks or *V Q. 2OO5 Title Atlas Nor1YCW»eii.arliic.( Air(lb'ia;k r,+`d�,7: e"6 'la5'andYYle Atlas �lbnn America areltademarks�,atale VIS-s, nc. `}'t V- ',`t s ". 1\ i'l Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 20 10 HANDOUT ITEM NO. November 7, 2011 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 11/03/2011 BUSINESS NAME: McDini's ADDRESS: 105 East 8t'' 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) ❑ Market (2 pts) X Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) ❑i Close by l Opm (2 pts) X Close after 10pm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) X Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1 pt) Li Medium (2 pts) X High (3 pts) V. Alcohol Businesses per Census Tract ❑ Below (1 pt) X Average (2 pts) ❑ Above (3 pts) Notes: Revised: KA- 9/11 1 pT 2 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) ❑ Below (1 pt) Li Average (2 pts) X Above (3 pts) VIl. Proximity Assessment (1/4 mile radius of location) Li Mostly commercial businesses (1 pt) X Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) Vill. Owner(s) records check Li 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 Page 1 of 1 Martin Reeder From: Alicia DeLeon-Tores[adeleontorres©publicstrategies.org] Sent: Wednesday, November 02, 2011 9:50 AM To: Martin Reeder Subject: McDini'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. 13 11/2/2011 Liquor Stores: • Off -Sale * OR -Sale & Single Serve — Freeway — Highway — Roads Drunk in Public: I� < 1 Arrests (No Color) MI 1 - 2 Arrests I. 2-6Arrests ® 6-9 Arrests al 9 - 11 Arrests ® 11 - 12 Arrests ® 12 - 13 Arrests ® 13-14 Arrests Cities' 4jY.' National City 0 Other Cities CI County 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 Public Strategies - South Say Community Change Project 0 0.2 0.4 0.6 0.8 14 Miles August 11, 2011 City of National City Planning Department 1243 National City Blvd National City,CA 91950 attn: Martin Reeder Dear Martin; ZO/(,-73,cvp The following is a summary of our C.U.P. modification request: McDlni'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 McDlni'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.... The Contours (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. 15 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 5PM allowing sufficient off street parking, along with permitted access to the school 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 16 MCDINI'S RESTAURAN Zo PJ4N4 Lo-r A 62.5' 100' 57' * Dimensions are approximate* EXN i rr A CAS - 6 Le. c Lo.-z ct,vf LT ‘1(1/2.4):1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO. 17 EM TITLE: An Ordinance which (1) repeals City Council Ordinance 2011-2362 which adopted the Land Use Code (National City Municipal Code Title 18 Zoning), and (2) adopts an amendment of the Land Use Code (National City Municipal Code Title 18 Zoning) including the Official Zoning Map as a component of the Comprehensive Land Use Update. Case File No. 2011-17 GPA, ZC, SPA, IS. PREPARED BY: Raymond Pe, Principal Planner PHONE: 336-4421 DEPARTMENT: CorimunittServices APPROVED BY: EXPLANATION: This is a component of the Comprehensive Land Use Update, Case File No. 2011-17 GPA, ZC, SPA, IS. The ordinance would repeal the existing Land Use Code adopted in Ordinance 2011-2362 (National City Municipal Code Title 18 Zoning) in its entirely and adopt the amended Land Use Code, which includes the Official Zoning Map, to implement the General Plan Update as a component of the Comprehensive Land Use Update. Notice is further given of proposed changes of zone boundaries and classifications. On January 9, 2012, the Planning Commission adopted Resolution 2-2012, which included the recommendation that the City Council adopt the Land Use Code Amendment including the Official Zoning Map. On January 24, 2012, the City Council held a noticed public hearing, reviewed and considered the Planning Commission's recommendations contained in Resolution 2-2012, and ^oduced, by title, the first reading of the proposed ordinance. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Not Applicable APPROVED: MIS ENVIRONMENTAL REVIEW: An Environmental Impact Report (State Clearinghouse Number 2010051009) was certified by the City Council pursuant to the California Environmental Quality Act and there have been no changes to the proposed project or substantial changes in circumstances or new information that would warrant subsequent or supplemental environmental analysis in accordance with CEQA, including Public Resources Code § 21166 and CEQA Guidelines §§ 15162 and 15163. ORDINANCE: INTRODUCTION: FINAL ADOPTION: X Finance STAFF RECOMMENDATION: Review and consider Planning Commission's recommendations contained in Resolution 2-2012 and adopt the proposed ordinance. BOARD / COMMISSION RECOMMENDATION: On January 9, 2012, the Planning Commission adopted Resolution 2-2012 recommending that the City Council adopt the General Plan Update including the General Plan Land Use Map, adopt the Land Use Code (Zoning) Amendment including the Official Zoning Map, adopt the Downtown Specific Plan Amendment including the Downtown Specific Plan Map, adopt the Climate Action Plan, and approve, in --"-cept only, Five Development Proposals as components of the Comprehensive Land Use Update. 'ACHMENTS: Proposed Ordinance. ORDINANCE NO. 2012 — 2372 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE MUNICIPAL CODE APPROVING AND ADOPTING A LAND USE CODE AMENDMENT AND OFFICIAL ZONING MAP AMENDMENT, AND REPEALING ORDINANCE 2011-2362 WHEREAS, on May 16, 2011, the Planning Commission adopted Resolution No. 14-2011, recommending that the City Council approve the Comprehensive Land Use Update, including the Land Use Code amendments; and WHEREAS, litigation has been filed challenging the validity of the Planning Commission's recommendations in Resolution 14-2011, and any actions "based on" that resolution, which Plaintiffs contended at oral argument included the amendments to the General Plan, the Land Use Code, and the Downtown Specific Plan; and WHEREAS, the City now desires to take further action to eliminate any uncertainty over the validity of the Planning Commission's resolution and the City Council's subsequent approvals concerning the Comprehensive Land Use Update to avoid costs and further litigation, and to further provide maximum opportunities for public review and public participation in City actions concerning the Comprehensive Land Use Update; and WHEREAS, the Comprehensive Land Use Update includes a General Plan Update; a Land Use Code Amendment; a Downtown Specific Plan Amendment; a Climate Action Plan; and five conceptual development proposals, namely, Street Conversions/Community Corridors, Senior Village Expansion, Las Palmas Park and Facilities Vision Concept Plan, Kimball Park Master Plan, and El Toyon Park Master Plan; and WHEREAS, the City Council of the City of National City adopted a General Plan Update, including a land use map; adopted a Downtown Specific Plan including the Specific Plan Map amendment; adopted a Climate Action Plan; and adopted, in concept only, five development proposals, including Street Conversions/Community Corridors, Senior Village Expansion, Las Palmas Park and Facilities Vision Concept Plan, Kimball Park Master Plan, and El Toyon Park Master Plan, and the associated Water Supply Assessment at a duly noticed public hearing held on January 24, 2012, at which time oral and documentary evidence was presented; and WHEREAS, the General Plan establishes general land use policies for the planning area, and the Land Use Code (Title 18 Zoning of the Municipal Code) establishes specific land use regulations and development standards to implement the policies of the General Plan; and WHEREAS, the General Plan Land Use Map establishes the general distribution of land uses throughout the planning area, and the Official Zoning Map, which comprises part of Title 18 of the Municipal Code, identifies the specific zones that apply within and implement each General Plan land use designation; and WHEREAS, the proposed Land Use Code and Official Zoning Map, as amended, would implement the General Plan Update through zone classifications that establish the permitted uses on each parcel of land, the intensity of development allowed, and the standards for development; and WHEREAS, at a duly noticed public hearing held on January 9, 2012, the Planning Commission reviewed and considered the staff report contained in Case File No. 2011-17 GPA, ZC, SPA, IS, along with evidence and testimony presented at said hearing; and WHEREAS, at said hearing, the Planning Commission reviewed and considered the proposed Land Use Code and Official Zoning Map, as amended, along with all evidence and testimony presented at said hearing, and along with the Environmental Impact Report prepared to assess project impacts of approving the Land Use Code and Official Zoning Map, as amended, together with any comments received; and WHEREAS, prior to said hearing, the City sought out and incorporated public input throughout the preparation of the General Plan Update and the Land Use Code Update. As part of the public outreach and participation efforts, the City held a total of 23 public workshops, community meetings, and other public engagement events at different locations throughout the City, in addition to public hearings before the Planning Commission and City Council; and WHEREAS, at said hearing, the Planning Commission adopted Resolution No. 2-2012 recommending that the City Council adopt the Land Use Code and Official Zoning Map, as amended, and said resolution was transmitted forthwith to the City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on January 24, 2012, at which time oral and documentary evidence was presented, including the recommendation of the Planning Commission, as well as the information contained in the Environmental Impact Report prepared to assess the potential environmental impacts resulting from approval of the Land Use Code and Official Zoning Map, as amended. NOW, THEREFORE, the City Council of the City of National City, California, does ordain as follows, that the above recitals are true and correct and are incorporated herein by reference as if set forth in full. FURTHER, THEREFORE, the City Council of the City of National City does ordain as follows, that the oral and documentary evidence presented to the City Council at the public hearing held on January 24, 2012, support the following Findings of Fact. 1. The City Council has reviewed and considered Planning Commission's recommendations on the Land Use Code (Zoning) and associated Zoning map contained in Planning Commission Resolutions 20-2011 and 2-2012. 2. The Land Use Code and Official Zoning Map, as amended, reflects the desired future vision of the City that was expressed by the community through the public participation process over the course of more than two years of development of the General Plan Update and the Land Use Code and Official Zoning Map Amendments. Ordinance No. 2012-2372 2 Land Use Code Amendment and Official Zoning Map Amendment 3. The Land Use Code and Official Zoning Map, as amended, is in the public interest since it would meet the current needs of the community by providing for the types of land uses that are necessary and desirable to the community. 4. The Land Use Code and Official Zoning Map, as amended, is consistent with and implements the land use policies of the General Plan and the land use designations of the General Plan. 5. The Land Use Code and Official Zoning Map, as amended, are deemed essential and desirable to the public health, safety, and general welfare of the community since specific land use regulations, development standards, and the designations of locations and distribution of land uses are necessary to reduce conflicts and insure compatibility. 6. The environmental impacts of the Zoning and Zoning Map amendments were addressed in the Comprehensive Land Use Update EIR (SCH No. 2010051009). That the testimony and evidence presented to the City Council at the public hearing held on January 24, 2012 and the City Council hearing for the second reading of this Ordinance, support the Findings of Fact, Statement of Overriding Considerations, and the MMRP attached hereto as Exhibit "E-1" and Exhibit "G". The City further finds and certifies that there has been no change to the proposed project or substantial changes in circumstances or new information that would warrant subsequent or supplemental environmental analysis in accordance with CEQA, including Public Resources Code section 21166 and CEQA Guideline sections 15162 and 15163. FURTHER, THEREFORE, the City Council of the City of National City does ordain as follows, that Title 18 of the Municipal Code is hereby amended to read as set forth in Exhibit "B-1". FURTHER, THEREFORE, the City Council of the City of National City does ordain as follows, that the proposed Official Zoning Map is hereby approved and adopted as the Official Zoning Map of the City of National City, and is attached hereto as Exhibit "B-3" and incorporated herein by reference. FURTHER, THEREFORE, the City Council of the City of National City does ordain as follows, that Ordinance 2011-2362 is hereby repealed in its entirety. PASSED and ADOPTED this 31st day of January 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney Ordinance No. 2012-2372 3 Land Use Code Amendment and Official Zoning Map Amendment CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO. 18 M TITLE: Resolution taking action on a Conditional Use Permit for Public Assembly and a Tattoo Studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue (Applicant Anastasia Polles) (Case File 2011-28 CUP) Afk— PREPARED BY: Martin Reeder PHONE: 336-4313 EXPLANATION: The City Council conducted hearings on this item at the January 24 and February 7, 2012 City Council meetings. The attached resolution is needed to take action on the item. DEPARTMENT: Development s/Planning. APPROVED BY: `._f... 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: Adopt the Resolution BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: solution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR PUBLIC ASSEMBLY AND A TATTOO STUDIO AT SWEETWATER HARLEY DAVIDSON LOCATED AT 3201 HOOVER AVENUE WHEREAS, the Planning Commission 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 hearing, 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 from said hearing; and WHEREAS, the Planning Commission voted to approve the Conditional Use Permit for Public Assembly and a Tattoo Studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue by a unanimous vote in favor of approval; and WHEREAS, a Notice of Determination was before the City Council on January 10, 2012, and a public hearing was set for January 24, 2012; and WHEREAS, the City Council 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 January 24, 2012, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the City Council considered the staff report contained in Case File No. 2011-28 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state and City laws; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on January 24, 2012, 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 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. Resolution No. 2012 — February 7, 2012 Page Two 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. 4. 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: GENERAL 24. 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 October 27, 2011. 25. 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. 26. 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 National City Municipal Code. 27. Within four (4) days of approval, pursuant to Fish and Game Code Section 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 28. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Resolution No. 2012 — February 7, 2012 Page Three 29. 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 no 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 areas. FIRE 30. 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. 31. Access to the street, both entrances, and Fire Department connections for fire sprinkler systems, standpipes, etc., shall be maintained at all times. 32. 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. 33. 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. 34. Event participants on foot shall move immediately to the sidewalk upon approach of any emergency vehicle(s). 35. Vehicles in the roadways are to move immediately to the right upon approach of any emergency vehicle(s). Resolution No. 2012 — February 7, 2012 Page Four 36. 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. 37. No cooking or heating of food (Sterno) shall be done inside of the building. 38. 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. 39. 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. 40. 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. 41. 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. 42. 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. 43. Exit signs shall be illuminated with green lettering per National City Ordinance, and shall provide adequate direction towards available exits. 44. At no time shall tents or canopies be allowed inside of the showroom area. 45. 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. 46. A ten -foot separation distance must be maintained between tents, canopies, and/or between tents and canopies. 47. No cooking shall be permitted under tents or canopies. 48. A permit must be obtained from the Fire Department for all tents and canopies used for events. Resolution No. 2012 — February 7, 2012 Page Five 49. The National City Fire Department may charge an after-hours inspection fee 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 50. 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. 51. 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. 52. All 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 National City. 53. 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 shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 7th day of February, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO. 19 EM TITLE: Resolution taking action on 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 (Applicant: Benny Adler) (Case File 2010-33 CUP, Z) 1Y1� PREPARED BY: Martin Reeder DEPARTMENT: Development Svc Planning. PHONE: 336-4313 APPROVED BY: EXPLANATION: The City Council conducted a hearing on this item at the February 7, 2012 City Council meeting. The attached resolution is needed to take action on the item. 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: Adopt the Resolution BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: olution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING 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 WHEREAS, the Planning Commission considered a Conditional Use Permit ("CUP") for Live Entertainment at McDini's Bar/Restaurant, located at 105 East 8`h Street, with a Zone Variance for less than required parking 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 hearing, the Planning Commission considered the staff report contained in Case File No. 2010-33 CUP, maintained by the City and incorporated herein by reference, along with evidence and testimony from said hearing; and WHEREAS, the Planning Commission voted to approve the Conditional Use Permit Live Entertainment at McDini's Bar/Restaurant, located at 105 East 8th Street, with a Zone Variance for less than required parking by a unanimous vote in favor of approval; and WHEREAS, a Notice of Determination was before the City Council on January 10, 2012, and a public hearing was set for February 7, 2012; and WHEREAS, the City Council considered 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 at a duly advertised public hearing held on February 7, 2012, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the City Council considered the staff report contained in Case File No. 2010-33 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state and City laws; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on February 7, 2012, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 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. Resolution No. 2012 — February 7, 2012 Page Two 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 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 that 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. 3. The Variance does not authorize a use or activity that 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 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 September 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. Resolution No. 2012 — February 7, 2012 Page Three 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. 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. If approved, this Conditional Use Permit shall be subject to a six-month review in order to guarantee compliance with Conditions of Approval and to ensure no significant impacts to area residents or uses have occurred. The CUP shall be reviewed every six months after approval for a minimum of two years. 8. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. BUILDING 9. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. FIRE 10. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. PLANNING 11. Live entertainment shall be limited to between the hours of 6 p.m. to 1 a.m., Thursday through Sunday. Resolution No. 2012 — February 7, 2012 Page Four 12. All operations and activities, including live entertainment, shall comply with Title 12 (Noise Control) of the National City Municipal Code. 13. All doors shall remain closed during any and all live entertainment events. 14. 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. 15. 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. 16. The Conditional Use Permit shall be subject to review by the Planning Commission one year from the date of the Resolution approving said permit. 17. 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. 18. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on or in front of the premises. 19. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 20. 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. 21. 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. 22. A minimum of two security guards shall be present outside the building during and after entertainment events. At least one of the security guards shall be an off -duty police officer or equivalent. Resolution No. 2012 — February 7, 2012 Page Five POLICE 23. 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. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 7th day of February, 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: February 7, 2012 AGENDA ITEM NO. 20 EM TITLE: Request to use Martin Luther King Jr. Community Center (North and South Rooms) by National City Chamber of Commerce for a Job Fair on Thursday, April 5, 2012, from 8:00 am to 2:00 pm. Applicant has requested a waiver of fees. PREPARED BY: Joe Smith PHONE: 336-4587 EXPLANATION: The Chamber of Commerce is requesting the use of Martin Luther King Jr. Community Center (North and South Rooms) for a Job Fair on Thursday, April 5, 2012, with an estimated 700-800 attendees throughout the day. Fees: Non-Waivable Fee Refundable Deposit: Hall Fee $ 703.56 Facility Use Fee $ 50.00 Cleaning: $100.00 Custodial $ 264.00 Chairs/Tables $ 195.00 The fees total $1,212.56 with a refundable deposit of $100.00. DEPARTMENT: Public Work APPROVED BY: This event is not a City -sponsored or co -sponsored event per Council Policy 804. However, in accordance with the City's Facility Use Guidelines Policy 803 the Council may waive the hall rental fee. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends approving the Facility Use Application with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: :.ility Use Application ....rtificate of Liability Insurance CALIFORNIA -^ NATIONAL City as 1he6nPOHA7 co City of National City Facility Use Application Rev.6/28/ 11 a OQA oNer vcpu N � t�, C 91950 (619)336-4580 L S F4t (6;19)536-4594' After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council. c_ Facility Requested: please circle Martin Luther King Jr. Building��„_ ail South Room (Bntire Facility) 0 Date(s) of Use: 1 6 c J 1 Day(s) of Use: _ c� n 1 .5 3 _U Time of Use: From: 0 0 (APM To: a• 0 0 A 1 INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity: c,0V-) f-(1.titr Is the event open to the public? Pi Name & Address of Organization/Group: k)(11 0,41 Oar\fir Cbi 1\nt i Q . Non- profit organization Anticipated Maximum Attendance: 70-Art ti, p td Percentage of National City Residents gi 0 - 9 0 / . 62 oa f Will Admission be charged? I.) O Amount $ (' Vi11 this be a Fund Raising Event? h co No Tax ID # if - 10 3518' - Equipment Requested: (- 00 # of chairs 4161 `1_ -** # of banquet tables t.{ , Podium/Microphone Srro,�„j, Iapft , c pPatke(f Audio & Visual Equipment Required? (Please Specify) MIG(C ho r>�, Use of Kitchen: _ Yes No Use of Gas for Range and Oven: Yes ( No Is the Use of Alcohol Requested? /JD Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? X Yes No (h, L...., ,,,,'1/ be p-ae., dro' -Por e .�,Plo� e�S le: V•,1 to n Ow» 411 r 47.)14e APP1' Priori.• ct Stage **PLEASE ATTACH SEATING DIAGRAM Name: Phone: How many times in the last twelve months have you requested to use a City Facility? + It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. 1, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: / PRINT NAME: l l)\ +` S111060 SIGNATURE: ADDRESS OF APPLICANT: 901 I hl'O \OEM C NA • CITY, STATE, AND ZIP CODE: I7t1►011 ` 1.' Jt9f) PHONE: DANti t9Y411 I33'I FAX NUMBER: ((P t 1)I`1' 1 ` SO I e j� .�Q CONTACT PERSON ON THE DAY OF THE EVENT:tUU , T�t� PHONE: (t n 4)1 933`1 CELL: (-It� 4 1O rp (r 1 ci HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. Public Works Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: d OA) `. ehal } c ()-)ill IRAw 0 Person in charge of activity: Ck(.1 \} t 411ur i e__ Address: CIO �� 4�4 IBC }��`� � d 1vri - Lkii—o ) CIAm � �p li t aTelephone(41 \) 1 O 33C1 E-Mail: ).fit j �tl\SO )11 111Ac6 I Ci'L 46sd- City Facilities and/ or property requested: L" Date(s) of use:. AVM4)0 ` ((61'11 8 o CRtY1 (�� 00• HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attomeys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. j /gI12 Date Certificate of Insurance Approved by Name and Title Safety/ Security Please describe your procedures for crowd control and internal security: A 1-a+ Ctnoi voivh rite rs 4-ro { he ixi `z^�e /1,474-1otctf� �%t a �•ti aer f z / / COOOOnFT' v C rowC1 a. nO irk ti /•n-1-u/ r? P. r i6 five etiO-rif• YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: • l� Security Organization: Security Organization Address: N /A Security Director (Name): Phone: 4 Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: Organization must designate a person to ensure that a hol is being served to persons 21 years of age or older. The designated alcohol server mus%also be 21 years of age or older. Name: N Contact phone YES number the day of event: NO Have you hired any Professional Security orga ation to handle Security arrangements for this event? If YES, please lkst: Security Organization: \, Security Organization Address: Security Director (Name): Phone: R PATHWAYS TO SUCCESS" JOB SEEKERS, BRING PLENTY OF RESUMES! FREE Job Fair: 10AM-1 PM TAKE ADVANTAGE OF: • FREE RESUME REVIEW • CAREER SERVICES • EDUCATIONAL WORKSHOPS FEATURING REPRESENTATIVES FROM: • Automotive Industries • Healthcare Services • Hospitality Sector • Maritime Industries Martin Luther King, Jr. Community Center Location of job fair ► ► ► Please call for more information Sponsored by Hosted by B itLCITy C d1n• SOUTH BOUNTY BLIBINEno BERVICES • 140 East 12th Street, National City, CA 91950 (619) 477-9339 www.nationalcitychamber.org www.facebook.com/ NationalCityChamber National City Chamber of Commerce 901 National City Blvd. National City, CA 91950 OP ID: TB CERTIFICATE OF LIABILITY INSURANCE DATE (LIMIDD/YYYYJ 00108111 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 IELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED tEPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cerlHlcate holder le an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statemont on this certificate does not confer rights to the certificate holder In Ilea of such endorsolt)ent(s). PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego, CA 92121 R.B. Guy Insurance Agency,Inc. INSURED National City Chamber of Commerce; Mile of Cars Assoc. 901 National City Boulevard National City, CA 91960 868-462-2200 868-462-9004 CONTACT HAMS: tNCEE .1J L • PRODUCIIR OURT(MER ID d. NCCHAM1 FAX 1410, No): INSURER/SI AFFORDING COVERAGE. mama A:Assurance Company of America INSURER D NAIC 11 19305 INSURER C INSURER 0: INSURER E t INSURER P EVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1ICY �NI LIR TYPE OFINSURANCE jyg LR SUER POLICY NUMBER -jµW2// Y 11 EXP rh1MIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY X PAS38912618 09122/11 09/22/12 pp Ul$E@ e eReo1 $ 2,000,000 CLAIMS. MOE X OCCUR MED EXP (Any one Ration) $ 10,000 PERSONAL SAOVINJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 APPLIES$ OEM AGGREGATE LIMIT APPLLI"E: PRODUCTS-COMP/OP AGO 4,000,000 /l) POLICY1-1 jEC I 71_LOC $ AUTOMOBILE — LIABILITY COMBINED SINGLE LIMIT (EaeoeldeM) $ 1,000,000 A A)ryAUTO PAS30912616 09/22111 09/22(12 BODILY INJURY (Pat person) $ A ALL OWNED AUTOS BODILY INJURY (Per saddest) $ X S SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Perece)denl) $ X NON-OWNEDAUTOS • $ $ UMBRELIA LUB OCCUR EACH OCCURRENCE $ excess LIAD CLAIMS -MADE AGGREGATE $ D DEDUCTIBLE $ RETENTION $ $ - WORKERS COMPENSATION ggT'rpp�� IT S,PTOJ I PR- AM AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTHER/EXECWNE YIN El. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in Hill 1 NIA E.L. DISEASE- EA EMPLOYE $ fIpes describe under DESCRIPTION OF OPERATIONSboiaLY • E.L. DISEASE -POLICY LIMIT $ su required) THE CITY OF NATIONAL CITY ITS OFF CIALS BOARDS COMMMISSIONS,EMPLOYEEspree YERAL LIABILI�TYY INTERESTS ATTACHED CO2012 01NAMED TO GERESPECTIVE ADDITIONA AND WIRESPECTTTHEIR RE: NAMED INSURED'S SIGNS LOCATED IN THE CITY LIMITS OF NATIONAL CITY • 1 CERTIFICATE HOLDER ) NAT19O2 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 92060 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLIOY PROVISIONS. AUTHORIZED REPRESENTATIVE i yva.d1.fr3L el6a y ® 1988.2009 ACORD CORPORATION. All rights reserved. ACORD 26 (2009109) The ACORD name and logo are registered marks of ACORD NOTEPAD INSURED's NAM National City Chambor of NCCHAMI PAGE 2 OP ID: TB DA7e 09/00111 "NAMED INSURED SCHEDULE READS AS FOLLOWS: NATIONAL CITY CHAMBER OF COMMERCE MILE OF CARS ASSOCIATION CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO. 21 EM TITLE: Request Council approval to negotiate a lease agreement with A Reason To Survive (ARTS) to operate and maintain the arts center. PREPARED BY: Jessica Cissel PHONE: (619) 336.4243 EXPLANATION: DEPARTMENT: APPROVED BY• The City's goal for the arts center has always been to have an open gallery and provide art programming for the community. With this in mind, staff created a list of criteria necessary for an organization to manage the arts center. Based -on this criteria and research of potential art organization in the region, staff found that only one local organization meets these standards, A Reason to Survive (ARTS). Staff is recommending that the City to pursue negotiations with ARTS. Once a lease is drafted staff will return to City Council for formal approval. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Recommend negotiation of lease agreement with ARTS. BOARD / COMMISSION RECOMMENDATION: Public Art Committee recommends for the City to pursue a partnership with ARTS. Parks, Recreation, and Senior Citizen Advisory Board recommends for the City to pursue a partnership with ARTS. ATTACHMENTS: • 1) Staff report 2) List of regional art organizations 3) Concept floor plan for the arts center February 7, 2012- Staff report on arts center Converting the former City Library into an Arts Center has been a strategic objective of the City Council since the new library began construction 8 years ago. With limited funding the City renovated the former library artd the City sought an organization to provide culturally relevant programs and create and manage an art gallery in the new center. City staff was approached by the San Diego Repertory Theatre (The Rep) to accomplish this task. Staff negotiated exclusively with the Rep and brought forward a lease that the City Council supported. The Rep has been utilizing the arts center for their rehearsal space and scene construction. They have provided some programs for youth as well as free tickets to their productions for National City staff and residents, but have not been able to open the arts center portion of the building for the public because of staffing and the fact it is not in line with their mission. The Rep's lease is currently month to month. The Longshoremen also lease a portion of the arts center and their lease agreement expires in May of 2012. In early 2011, the Community Development Commission sold bonds to create resources to improve Quality of Life facilities as well as provide low income housing to residents at the current Public Works site. Since the bonds were sold, the WI-TOD project at the Public Works site has progressed and is scheduled to start construction in early 2013. This creates a need to relocate the Public Works yard, its staff, warehouse, equipment, and fleet by the end of 2012 or sooner. There is not a piece of City property large enough to house the entire Department, so it will have to be split up. Therefore, the parks and facilities division plan on occupying part of the arts center and will need use of the San Diego Repertory Theater's prop shop. In addition, they will need office space in the location that the Longshoremen are currently using. Since the public works relocation will have a large impact on the current users in the arts center, it is probable that the City will not be able to continue relationships with the lease holders. This also creates urgency on the City's side to work with another partner to manage the arts center portion of the building. City staff introduced CEO, Matt D'Arrigo, at a Parks Ad Hoc meeting on December 13, 2011 as a possible partner. The Parks Ad Hoc Committee requested more information and a tour of their facility to evaluate the programs and the possible partnership with the ARTS organization. The committee also requested a list of criteria to manage the arts center which was provided when the Parks Ad Hoc committee met on January 19, 2012 and toured the ARTS facility. Staff went to the Public Art Committee and the Parks, Recreation, and Senior Citizen Advisory Board for their input on whether or not to pursue a partnership with ARTS. Both boards were excited about the opportunity to work with ARTS and recommended for the City to pursue a partnership. The City's goal for the arts center has always been to have an open gallery and provide art programming for the community. With this in mind, listed below is the criteria staff has compiled for an art organization to manage the arts center: 1) 3-5 years experience running a community arts center 2) Must be an arts focused organization (not an art "program" of a larger agency) 3) Provide no/low cost visual, performing, literary, and media arts programming 4) Proven programming in -place that can be easily implemented in the community 5) Human, financial, and capital resources in place to run the arts center 6) Minimum 5 year tract record of financial stability 7) Proven network of community relationships and collaborations 8) Ability to manage and curate a gallery/museum 9) Ability to move in by Summer/Fall of 2012 Based on this criteria, staff researched regional art organizations and only one local organization meets these standards, A Reason to Survive (ARTS). A list of the art organizations in the region is attached from Arts Education Resource Organization (aeroed.org) which exists as a community of arts organizations that work together to create a culture of arts education within county public schools through networking, advocating, evaluating and supporting high quality standards based programs. Attached is a conceptual floor plan of the arts center denoting which portions would be utilized by the City (Public Works) and which would be used by ARTS. By beginning negotiations with ARTS, the City would have to ask the Longshoremen and the San Diego Repertory Theatre to vacate the building by September 2012 or earlier. Staff is recommending that we negotiate a lease to operate and maintain the Arts Center and provide maximum value to the City of National City. San Diego County Art Organizations A Reason To Survive, Inc. ArtPower! At UC San Diego ArtReach ArtsBusXpress Asian Story Theater Balboa Park Cultural Partnership Black Storytellers of S. D. Blues Lovers United of San Diego Broadway San Diego California Center for the Arts, Escondido California Ballet Company Camarada Center ARTES @ Cal State San Marcos City Ballet of San Diego Class -ACT Classics 4 Kids Collaborative Arts Resources for Education (CARE) Community Actors Theatre (C.A.T.) Coronado Playhouse CYT Theater for Kids CYT@School Escondido Children's Museum Escondido Education Foundation Eveoke Dance Theatre Expressive Arts Institute Heads on Fire Imagination Express ALL -ABOARD! Intrepid Shakespeare Company Ion Theatre J*Company Youth Theatre Japanese Friendship Garden Society of San Diego Jazz 88.3 KSDS Jean Isaacs' San Diego Dance Theater La Jolla Music Society La Jolla•Playhouse La Jolla Symphony & Chorus Lamb's Players Theatre - Lesley University Lux Art Institute Mainly Mozart • • Malashock Dance & Company Marie Hitchcock Puppet Theater Martin Luther King, Jr. Community Choir San Diego Media Arts Center San Diego 1 Metropolitan Educational Theatre Network Moxie Theatre Museum of Contemporary Art San Diego Museum of Making Music Museum of Photographic Arts San Diego Orchestra Nova San Diego Pacific Coast Harmony F_ Peter Pan Junior Theater. Playwrights Project Recreational Music Center RhythmWorx Robert Bateman Get to Know Program San Diego Actors Theatre San Diego Air & Space Museum San Diego Art Institute Museum of the Living Artist San Diego Ballet San Diego Center for Jewish Culture San Diego Children's Choir San Diego County Art Education Association San Diego Guild of Puppetry San Diego Junior Theatre San Diego Master Chorale San Diego Men's Chorus San Diego Museum of Art San Diego Museum of Man San Diego Opera San Diego Repertory Theatre San Diego Shakespeare Society San Diego State University San Diego Symphony San Diego Youth Symphony and Conservatory Southern California Youth Ballet Southern Counties Arts Project (SOUTHCAP) Such N' Such Productions Sweetwater Union High School District The Hutchins Consort The Just Me Project The New Children's Museum The Old Globe Theatre The Visual Arts Foundation Timken Museum of Art transcenDANCE Youth Arts Project Walker Media & Entertainment Westwind Brass Young Audiences of San Diego \/ LOPSY MEN ICI 'i REIEMtiA_ 2 230 SF KIMBALL PARK PUBLIC WORK SCALE I/8" = I'-O" i2/Ol2011 y fi-cxw fan �50 220 5F r' p sr 9 16'-0' --_ - -t 20395� SF 16 -O" KIMBALL PARK ARTS CENTER - BASEMEN` SALE: I!I6" = ib -0' CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO. 22 EM 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: ri -.y . -nt Svcs/Planning. PHONE: 619-336-4313 APPROVED BY: EXPLANATION: At the City Council meeting of January 10, 2012, Council considered a report discussing the merits of initiating a Code Amendment for allowable uses within the Major Mixed -Use Corridor (MXC-2) zone; specifically, allowing auto glass businesses to locate in the zone. Ultimately staff was asked to come back with a report on the impacts of such an amendment and its effects on the Westside Specific Plan Area. The attached background report discusses the matter in detail and again 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: kground Report BACKGROUND REPORT 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. The subject property of this report is located at 1205 Highland Avenue, where an auto glass installation business has applied to be located. The building has historically been a retail use — a bicycle shop most recently and a shoe store prior to that — but is currently vacant. The prior retail uses were prevalent in the former General Commercial (CG) zone in this area, and in the current Major Mixed -Use Corridor (MXC-2) zone that exists along Highland Avenue today. The issue is that auto glass installation comes under the umbrella of minor auto repair and is, as such, not allowed in the MXC-2 zone. It was likewise not permitted in the prior CG zone. In an effort to allow such a business in the MXC-2 zone, the applicants have expressed interest in reclassifying auto glass installation differently so as to allow it in the MXC-2 zone and thus at the subject property on Highland Avenue. 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 be picked up. The latter poses issues with service vehicles parked on site. These 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. Based on current Codes, the retail sale of auto glass is allowed by right in any zone allowing retail sales. However, the installation and/or storage of service vehicles are currently not permitted in the MXC-2 zone. 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 1 initiating a Code Amendment to allow an auto glass installation business to operate within the MXC-2 zone. There are two options when considering amending the Code in this case: • Allow minor auto repair as a use in the MXC-2 zone, thus allowing auto glass installation; • Reclassify auto glass installation as a stand-alone use separate from minor auto repair and allow the use, either by right or by Conditional Use Permit, in the MXC-2 zone. Either way, the use would then be allowed anywhere within the MXC-2 zone, an area which encompasses most of Highland Avenue and East 8th Street, not just the subject site. At the January 10, 2012 meeting there was also a question as to the effect of a potential Code Amendment on Westside Specific Plan (WSP) area properties, and on the amortization schedule. There are no MXC-2 zoned properties in the Westside area, thus the Code Amendment would not affect any WSP properties nor affect any amortization activities that may arise in the WSP. Compatibility The City is divided into districts based on land use, which are further divided into the different zones. Land uses are more general in nature (e.g., low -density residential, high -density residential, commercial, mixed use, industrial, etc). The intention is to concentrate uses in appropriate areas. For example, commercial and mixed use areas are concentrated along major thoroughfares, while industrial areas are separated from sensitive uses such as residential areas, which are in turn buffered from other incompatible uses. With areas such as Highland Avenue, which is a commercial corridor, sensitive uses such as residences and schools are in close proximity to commercial and mixed use zones. This is especially true along Highland Avenue, where homes are as close as next door to some businesses. When looking at compatible uses in an area of a certain land use or zoning, this proximity to sensitive uses is paramount and having an obnoxious use (with regard to odor, noise, etc) next door to a residence is considered undesirable. Therefore, auto repair uses, for example, have been relegated to zones or land use areas that are heavier in nature (heavy commercial or industrial). Obviously some heavier uses predate current zoning and have been in areas such as Highland Avenue for some time. These are the exception rather than the rule. 2 Code Amendment procedure There are two steps to the Code Amendment Process: • Initiation of a Code Amendment o By applicant — $1,607.50 fee o By City Council minute action — no fee • Full Code Amendment application — $2,485 fee o (The full Code Amendment application can only be processed if the initiation is granted) Initiation of a Code Amendment may be made either by minute action of the City Council or by application as stated above. Minute action by Council does not necessitate a fee on the part of the applicant. If the Council were to initiate this Code Amendment, the applicant would then 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 application 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 this 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. 3 _;TING DATE: SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT February 7, 2012 AGENDA ITEM NO. 23 ITEM TITLE: Resolution of the Successor Agency to the Community Development Commission as the Redevelopment Agency authorizing the investment of monies in the Local Agency Investment Fund PREPARED BY: Tina Norrdin, FSO PHONE: Ext 4331 EXPLANATION: DEPARTMENT: Finance APPROVED BY: Pursuant to Chapter 730 of the statutes of 1976, Section 16429.1 was added to the alifornia Government Code to create a Local Agency Investment Fund ("LAIF") in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer. As of January 31, 2012, redevelopment agencies, including the Community Development Commission of the City of National City, will no longer exist. On January 10, 2012, the City of National City was designated as the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency"). As such, the Successor Agency is required to authorize deposit and withdrawal of Successor Agency monies in the Local Agency Investment Fund in the to Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: .'ACHMENTS: LAIF authorization form for transfer of funds. LOCAL AGENCY INVESTMENT FUND AUTHORIZATION FOR TRANSFER OF FUNDS REGULAR ACCOUNT AUTHORIZED PERSONS AGENCY NAME: City of National City A'ITENTION (title only): Finance Director DATE ADDRESS: 1243 Natinna] City Rlvd 02/07/2012 PHONE/FAX NUMBER: National City, CA 91950 (619) 336-4330 TITLE SIGNATURE feslie Deese City Manager Tina Norrdin Financial Svc Off'cer L/ Teresa Mendoza Senior Accountant Brad RaulSton Execttt;va Dire for LOCAL AGENCY INVESTMENT FUND AUTHORIZATION FOR TRANSFER OF FUNDS REGULAR ACCOUNT BANKING INFORMATION * BANK NAME, BRANCH NUMBER ADDRESS & TELEPHONE NUMBER Union Bank 445 So Figueroa los Angeles, CA 90071 ACCOUNT & ABA NUMBER (attach complete wiring instructions if applicable) Acct #2740031557 ABA #122000496 CORRESPONDENT BANK (STO RECEIVING BANK) *Subject to verification by State Treasurer's Office PLEASE MAIL COMPLETED CARD TO: STATE TREASURER'S OFFICE LOCAL AGENCY INVESTMENT FUND P.O. Box 942809 SACRAMENTO, CA 94209-0001 (Must b authorized on Resolution) Authorize. ignature (Mu be authorized on Resolution) RESOLUTION NO. 2012 — RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AUTHORIZING THE INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND WHEREAS, pursuant to Chapter 730 of the statutes of 1976, Section 16429.1 was added to the California Government Code to create a Local Agency investment Fund ("LAIF") in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency does hereby find that the deposit a.nd withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interest of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") does hereby authorize the deposit and withdrawal of Successor Agency monies in the Local Agency Investment Fund ("LAIF") in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. BE IT FURTHER RESOLVED that the following Successor Agency officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund. Leslie Deese, City Manager Brad Raulston, Executive Director Tina Norrdin, Finance Services Officer Teresa Mendoza, Senior Accountant --- Signature Page to Follow --- Resolution No. 2012 — February 7, 2012 Page Two PASSED and ADOPTED this 7th day of February, 2012. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #26 12/27/2011 PAYEE DESCRIPTION CHK NO DATE AMOUNT P.AYRO1.1. Pay period Start Date End Date Check Date 26 11 /29/2011 12/12/2011 12/21/2011 A/P Total $ 71,527.26 Total disbursements paid with City's Funds $ 71,527.26 GRAND TOTAL $ 71.527.26 •ETING DATE: SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT February 7`h, 2012 AGENDA ITEM NO. 25 ITEM TITLE: Authorized the reimbursement of Successor Agency to The Community Development Commission as the National City Redevelopment Agency expenditures in the amount of $15,054.72 to the City of National City for the period of 12/28/11 through 01/03/12 PREPARED BY: K. Apalategui PHONE: 619-336-4572 EXPLANATION: DEPARTMENT: Finance APPROVED BY: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: evAk— Approve the reimbursement of funds to the City of National City in the amount of $15,054.72 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File BOARD / COMMISSION RECOMMENDATION: N/A OTACHMENTS: Warrants for the period of 12/28/11 through 01/03/12, PAYEE DESROCHERS BEST BEST & KRIEGER LLP CITY OF SAN DIEGO EQUIFAX INFORMATION SVCS FEDEX LASER SAVER INC SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY VISTA PAINT IKON OFFICE SOLUTIONS INCORPORAT'�D COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #27 1/3/2012 DESCRIPTION RETIREE HEALTH BENEFITS/JAN 2012 AMENDMENT TO THE AGREEMENT BETWEE SD ENTERPRISE ZONE 2ND QTR EQUIFAX INFO SVCS / SEC 8 EXPRESS MAIL SERVICE / REDEV MOP# 45725. INK CARTRIDGES/SECS GAS AND ELECTRIC UTILITIES / CDC MOP# 45704. OFFICE SUPPLIES / CDC WATER UTILITIES / CDC MOP# 68834. PAINT / NSD COPIER MAINT / 8/21/11-11/20/11 HER DISBURSEMENTS PAID WITH CDC FUNDS SECTION 8 HAPS PAYMENTS CHK NO DATE AMOUNT 300011 1/3/12 110.00 300098 1/3/12 1,145.45 300099 1/3/12 12,125.00 300100 1/3/12 128.44 300101 1/3/12 77.65 300102 1/3/12 242.12 300103 1/3/12 254.70 300104 1/3/12 86.90 300105 1/3/12 39.36 300106 1/3/12 36.73 300067 1/3/12 808.37 AIP Total $ 15,054.72 Total disbursements paid with City's Funds $ 15,054.72 Start Date End Date 12/18/2011 1/3/2012 696, 717.94 GRAND TOTAL $ 71 1,772.66 SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT •ETING DATE: February 7th, 2012 AGENDA ITEM NO. ',i26 ITEM TITLE: Authorized the reimbursement of Successor Agency to The Community Development Commission as the National City Redevelopment Agency expenditures in the amount of $68,225.21 to the City of National City for the period of 01/04/12 through 01/10/12 PREPARED BY: K. Apalategui PHONE: 619-336-4572 EXPLANATION: DEPARTMENT: Finan e APPROVED BY: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity • FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $68,225.21 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File BOARD / COMMISSION RECOMMENDATION: N/A OTACHMENTS: Warrants for the period of 01/04/12 through 01/10/121 INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #28 1/10/2012 PAYEE CORPORATE PAYMENT SYSTEMS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO EDCO DISPOSAL CORPORATION GEOSYNTEC CONSULTANTS INC MAYER HOFFMAN MCCANN P C NBS POWER PLUS PRO BUILD PRUDENTIAL OVERALL SUPPLY SAFDIE RABINES ARCHITECTS THE LINCOLN NATIONAL LIFE INS PAYROLL Pay period Start Date 1 12/13/2011 DESCRIPTION CREDIT CARD CHARGES DOCUMENT REVIEW / CONSULT PROPERTY TAXES WASTE DISPOSAL SERVICES / CDC ENVIRONMENTAL CONSULT/AUG 2011 3RD BILLING/ANNUAL AUDIT OF CNC LANDSCAPE MAINTENANCE / REDEV SERVICE CALL / REDEV MOP# 45707. PAINTING SUPPLIES/NSD MOP# 45742. LAUNDRY SVCS / NSD PROF SVCS/ AQUATIC CNTR/NOV 2011 LIFE & AD&D STD LTD INS JAN 2012 End Date Check Date 12/26/2011 1/4/2012 CHK NO DATE AMOUNT 300107 1/10/12 58.51 300108 1/10/12 2,115.80 300109 1/10/12 1,814.06 300110 1/10/12 104.75 300111 1/10/12 2,695.95 300112 1/10/12 9,250.00 300113 1/10/12 823.54 300114 1/10/12 445.00 300115 1/10/12 191.88 300116 1/10/12 67.23 300117 1/10/12 50,666.20 300200 1/10/12 -7.71 A/P Total $ 68,225.21 68,644.31 Total disbursements paid with City's Funds $ 136,869.52 GRAND TOTAL $ 136,869.52 ITEM #27 2/7/2012 CLOSED SESSION REPORT (CITY ATTORNEY)