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HomeMy WebLinkAbout2012 03-20 CC AGENDA PKTAgenda Of A Regular Meeting — National City City Council of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — March 20, 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 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 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 of the City of National City action must be brought back on a subsequent Council 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 Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al pdncipio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings City Council of the City of National City CITY COUNCIL PROCLAMATION 03/20/2012 - Page 2 1. Proclaiming Tuesday, March 27, 2012 as: EDCO'S 45TH ANNIVERSARY DAY! PRESENTATIONS 2. Employee of the Month of March, 2012 — Wayne Stewart, Custodian — Public Works 3. Applicant Presentations for 2012-2013 HOME Investment Partnerships Program Funding. (Administrative Services, Housing and Grants) **Companion Item #20** CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 4. Approval of the Minutes of the Regular 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 of February 21, 2012. (City Clerk) 5. Resolution of the City Council of the City of National City awarding a contract to Palm Engineering in the amount not -to -exceed $187,212.90 and authorizing a 10% contingency in the amount of $18,721 for any unforeseen changes to the project for the National City Drainage Improvements Project, Specification 11- 07. (Funded CDBG & Gas Tax) (Development Services/Engineering) City Council of the City of National City 03/20/2012 - Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City approving and authorizing the Mayor to execute the First Amendment to the Agreement with Safdie Rabines Architects for architectural services to design the National City Aquatic Center in the not -to -exceed amount of $61,853 [2011 Tax Allocations Bonds (Capital)]. (Engineering) 7. Resolution of the City Council of the City of National City approving the First Amendment to the Agreement between the City of National City and D-Max Engineering, Inc., in the amount of $32,824 for Fiscal Year 2011-2012 and $30,153 per Fiscal Year 2012-2013 and 2013-2014 to provide assistance with implementation of the State Mandated Fats, Oils and Grease (FOG) Program. (Funded by Sewer Fund) (Engineering) 8. Resolution of the City Council of the City of National City authorizing an appropriation of funding from un-appropriated Sewer Fund balance in the amount of $459,517 to cover shortage of the original appropriation needed to cover the bid amount and to provide for a contingency of 25% for any unforeseen changes for the 8th Street Sewer Project. (Funded by Sewer Fund) (Engineering) **Companion Item #9** 9. Resolution of the City Council of the City of National City awarding a contract to Basile Construction, Inc. in the not -to -exceed amount of $2,386,365.49 and authorizing a 25% contingency in the amount of $596,591 for any unforeseen changes to the project for the 8th Street Utility Undergrounding and Sewer Replacement Project, Specification 11-04. (Funded by Sewer Fund and Reimbursable General Fund (20A Conversion) (Development Services/Engineering) **Companion Item #8** 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement in the not -to -exceed amount of $55,850 with South Bay Community Services to provide domestic violence response services for the California Emergency Management Agency (Cal-EMA) grant funded Children Exposed to Domestic Violence Specialized Response Program. (Police) City Council of the City of National City 03/20/2012 - Page 4 CONSENT CALENDAR (Cont.) 11. Resolution of the City Council of the City of National City authorizing City Council to waive the formal bid process and award the purchase of one Ford Crown Victoria to Downtown Ford Sales in Sacramento, California in the amount of $26,432.14 for the Police Department. (Finance) 12. Resolution of the City Council of the City of National City accepting the lowest, responsive, responsible bid for two Ford Fusion vehicles and one Ford E350 Econoline Van from Raceway Ford in Riverside, California in the amount of $67,803,89 for the Police Department. (Finance) 13. Resolution of the City Council of the City of National City accepting the lowest, responsive, responsible bid for one Chevrolet Tahoe from Courtesy Chevrolet in San Diego, California in the amount of $30,934.01 for the Police Department. (Finance) 14. Resolution of the City Council of the City of National City ratifying a side letter to the Memorandum of Understanding between the City and the National City Firefighters' Association amending the Agreement to increase by $5.00 per month, the retiree health benefit for eligible members of the Firefighters' Association retiring on or after July 1, 2011. (Human Resources) 15. Temporary Use Permit — Integrity Charter School's Physical Education program at Kimball Park Mondays, Wednesdays and Thursdays commencing March 21, 2012 through December 14, 2012 with no waiver of fees. (Neighborhood Services Division) 16. Temporary Use Permit — The Leukemia & Lymphoma Society's Ragner Relay SoCal 2012 running race through National City on April 21, 2012 from 9 a.m. through 8 p.m. with no waiver of fees. (Neighborhood Services Division) 17. Temporary Use Permit — Cinco de Mayo Celebrating Our Communities hosted by La Maestra Community Health Center on May 5, 2012 from 11:00 a.m. to 5:00 p.m. at Kimball Park with no waiver of fees. (Neighborhood Services Division) City Council of the City of National City 03/20/2012 - Page 5 CONSENT CALENDAR (Cont.) 18. WARRANT REGISTER #34 Warrant Register #34 for the period of 02/15/12 through 2/21/12 in the amount of $2,510,998.87. (Finance) 19. WARRANT REGISTER #35 Warrant Register #35 for the period of 02/22/12 through 02/28/12 in the amount of $668,819.30. (Finance) PUBLIC HEARINGS 20. Public Hearing No. 1 of 2 on the allocation of U.S. Department of Housing and Urban Development (HUD) 2012 entitlement grant awards, program income, and funds remaining from completed projects to the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities for the 2012-2013 Action Plan. (Administrative Services, Housing and Grants) **Companion Item #3** 21. Public Hearing — Conditional Use Permit for the sale of beer and wine at a proposed Wingstop restaurant at 932 Highland Avenue. (Applicant: Woody DeMayo) (Case File 2011-31 CUP) (Planning) **Companion Item #23** 22. Public Hearing - Conditional Use Permit for the sale of beer and wine for off -site consumption at a new 7-Eleven to be located at 1539 Highland Avenue. (Applicant: William A. Adams) (Case File 2011-32 CUP) (Planning) **Companion Item #24** NON CONSENT RESOLUTIONS 23. Resolution of the City Council of the City of National City taking action on a Conditional Use Permit for the sale of beer and wine at a proposed Wingstop restaurant at 932 Highland Avenue. (Applicant: Woody DeMayo) (Case File 2011-31 CUP) (Planning) **Companion Item #21** City Council of the City of National City 03/20/2012 - Page 6 NON CONSENT RESOLUTIONS (Cont.) 24. Resolution of the City Council of the City of National City taking action on a Conditional Use Permit for the sale of beer and wine for off -site consumption at a new 7-Eleven to be located at 1539 Highland Avenue. (Applicant: William A. Adams) (Case File 2011-32 CUP) (Planning) **Companion Item #22** NEW BUSINESS 25. Notice of Decision — Planning Commission approval of a Conditional Use Permit for liquor and beer sales at Wal-Mart located at 1100 Highland Avenue. (Applicant: WaI-Mart Stores, Inc.) (Case File 2011-29 CUP) (Planning) 26. General Plan Annual Progress Report for 2011 pursuant to California Government Code Section 65400(a)(2), which establishes the requirement that the City prepare an annual report on the status of the General Plan and the implementation of the Housing Element using forms and definitions adopted by the California Department of Housing and Community Development. (Community Services) 27. Assembly Bill 1572 (Fletcher and Block) Service Authority for Freeway Emergencies (SAFE): San Diego County - Letter of Support. (City Manager) 28. Report to Council regarding the Oversight Board Appointees and possible future vacancies: Discussion and Options. (City Attorney) STAFF REPORTS 29. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular National City City Council of the City of National City — Tuesday — April 3, 2012 — 6:00 p.m. — Council Chambers - National City, California COPIES OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov RECEIVED FEB 2 9 2012 ITEM #2. 3/20/12 DATE: February 28, 2012 TO: INQORPORATED CITY OF NATIONAL CITY MEMORANDUM Leslie Deese, C jyManager FROM: Stacey Steven.. i Erector of Human Resources SUBJECT: Employee o e Month Program The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in March 2012 is Wayne Stewart, Custodian. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, March 20, 2012, to be recognized for his achievement and service. Attachment: • Nomination Form cc: Wayne Stewart, Custodian Joe Smith, Director of Public Works Josie Flores -Clark, Executive Assistant to the Mayor Human Resources — Office File SS:Im Performance Recognition Program (2) RECEIVED City of National City Performance Recognition Award Nomination Form I nominate Wayne Stewart for the Performance Recognition Award for the following reasons: ,FE3 2 101Z crT'Y OF NA liUNAL CITY. ?? 3M:\N RESOURCES DEEPARTME?J i Please state reason why your nominee should receive an award, (Le., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 1'S0 total words. Please be as specific as possible when giving your examples. The Public Works Department is proud to nominate Mr. Wayne Stewart for the Performance Recognition Award for the month of March 2012. Wayne first joined our organization in June 4, 1996. His dedication, knowledge of his job; and organizational skills have proved invaluable to National City and even after over 15 years of service his enthusiasm for the job is still the same as his first day on the job. During Wayne' s career he has faced many personal health battles but through it all he has always given the City 100% while he deals with the numerous problems that occur each and every day in the maintenance and operation of the City's facilities. After the retirement of the Supervising Custodian Wayne stepped up to the plate and took on many of the responsibilities of overseeing the scheduling and cleaning of all City buildings as well as the ordering of cleaning supplies. He has earned the respect of his fellow employees throughout the City. He is truly a team player. Wayne is a pleasure to work with and a person anyone can go to for assistance. He is an exceptional employee and an asset, not only to Public Works but to our entire organization. The City is fortunate to have Wayne as an employee. FORWARD COMPLETED NOMINATION TO: Nominated by; Signature: National City Performance Recognition Program Human Resources Department Joe Smith, Director of Public Works /T/`� Date:a 07/20/2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO.3 ITEM TITLE: Applicant Presentations for 2012-2013 Home Investment Partnerships (HOME) Program Funding PREPARED BY: 'Carlos Aguirre, Community Dev. Spec. II DEPARTMENT: Adm. ative Services PHONE: 1(619) 336-4391. APPROVED By( ,) EXPLANATION: 'The City of National City solicited requests for funding from community agencies and City Departments for project and program funding in Fiscal Year (FY) 2012-2013 under the Community Development Block Grants (CDBG) and HOME Investment Partnerships (HOME) Programs. The applications for funding were made available on November 29, 2011. The City Council will recommend HOME activities after the first public hearing for the Annual Action Plan held today. After a 30-day public comment period is considered at the second public hearing, selected activities will be made part of the Annual Action Plan submitted to the U.S. Department of Housing and Urban Development in May 2012. Attached is the list of HOME applicants. FINANCIAL STATEMENT: ACCOUNT NO. 'n/al Not applicable to this report. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: ;File this report. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: .ttachment No. 1: HOME Application List Attachment No. 1 FY 2012-2013 National City HOME Applications Updated 3-14-12 HUD FY2012 HOME Entitlement: $251,533.00 HOME Program Income: $2,235,107.45 Uncommitted HOME Funds: $902,072.61 Total HOME Available for FY2013: $3,388,713.06 # Agency Name Program Activity Amount Requested 26 Habitat for Humanity Acquisition Rehabilitation for Homeownership $ 650,000.00 Program Program Overview: The program would acquire foreclosed homes in need of rehabilitation and sell them to low- income families by providing down payment assistance and low or no interest loans. The program funds could initially rehabilitate 3 units of single family housing in National City. The proceeds from these units could be pledged to finance the rehabilitation of an additional 3 to 5 units of affordable housing. The homes would be sold to families at or below 80% of area median income. Habitat for Humanity has established a solid track record in National City of developing affordable homeownership housing. The City previously partnered with Habitat for Humanity to develop 14 units of affordable homeownership housing using HOME Program Funds. The Program is a low risk since the HOME funds are secured by the property by a deed of trust. 27 Community HousingWorks Reality & Homebuyer's Down payment Assistance $ 200,000.00 Lending Program - Program Overview: The program would assist families purchase a HOME in National City by providing up to $40,000 in assistance. The program has assisted 4 homebuyers in the last two years and provides low income families with housing counseling and education as they apply for financing. Community HousingWorks is committed to sustainable homeownership and provides post -purchase counseling to homeowners in need. The full -cycle lending program ensures long term success in homeownership and creates and overall positive impact in the neighborhoods. The program assists families under 80% of area median income. The program is very low risk as HOME funds are provided at closing of the homebuyer's purchase. 28 City of National City Housing and National City Owner -Occupied Rehabilitation $ 290,049.01 Grants Program Program Overview: The primary purpose of program is to provide decent, safe, and sanitary housing throughout National City. The program revitalizes aging single-family properties in the City of National City and assists low income homeowners with financing to rehabilitate their property. The housing unit to be rehabilitated must be the primary residence of the owner/borrower. Households must have an annual gross income that does not exceed 80% of the area median income for San Diego County. Two loans have already closed with two families in the process of closing on a rehabilitation loan. There are three (3) families currently on the waiting list that will be processed when next year's funding has been allocated. The program is a low risk as a comprehensive inspections are conducted by City staff. City staff also closely monitor the contractor and construction process. 29 Paradise Creek Housing Partners, L.P./Community HousingWorks rrNnm Predevelopment Loan for the West Side Transit Oriented Development Project $ 2,000,000.00 Program Overview: Community Housing Works (CHW), in partnership with Related Companies of California, is party to an Development and Disposition Agreement with the Community Development Commission of the City of National City (now the Successor Agency) for the Public Works site, mixed use, affordable housing development. Preliminarily, it is anticipated that the development would include approximately 201 units of affordable rental housing, built in two separately financed developments. The requested HOME funds would be used for a portion of predevelopment expenses for Phase 1 of 2, currently estimated at 109 units. The project would provide affordability at or below 30%, 50%, and 60% AMI. The risk to the City is high if collateral or guarantee is not provided for the loans as the City would have to repay at least $1.8 million of the loan funds if the units proposed were not constructed or if construction was delayed for more than 4 years from the time of the award. N/A City of National City, Housing and Program Administration $ 248,664.05 Grants Program Overview: These funds will be used to pay for the administration of the HOME Program which includes but is not limited to staffing costs and supplies. The HOME Program requires several levels of project and program oversight including contract and construction oversight and monitoring. Total R,laniiinca arid'Adiii9itist'a$tiditi` tea sts r,< . , :` $ 3.388;' 13.`06 Page 1 of 1 ITEM #4 3/20/212 APPROVAL OF THE MINUTES OF THE 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 OF FEBRUARY 21, 2012. (CITY CLERK) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of National City awarding a contract to Palm Engineering, in the amount not - to -exceed $1817,212.90 and authorize a 10% contingency in the amount of $18,721 for any unforeseen changes to the project for the National City Drainage Improvements Project, Specification 11-07. (Funded CDBG & Gas Tax) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: J FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: '0 Finance APPROVED: MIS Funds are available in account 301-409-500-598-7062 in the amount of $67,336.61 and account 109- 409-500-598-7062 in the amount of 119,876.29 for a total of 187,212.90 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Cost Proposal worksheet (three lowest bidders) 3. Resolution On March 5, 2012, 8 bids were received and opened for the Drainage Improvement Project, Specification 11-07. The lowest responsive bidder was Palm Engineering with a proposed bid amount of $187,212.90 for the base bid and additives A & B. The base bid location is 5th Street & D Avenue, additive A is located at 5th Street & C Avenue and additive B is located at 4th Street and D Avenue. The bid opening information sheet and the cost proposal worksheet for the three lowest bidders are attached for your information. Staff checked the provided references and found that Palm Engineering is qualified to perform the work as detailed in the specification. Staff reviewed bid documents and recommends that Council award the contract to Palm Engineering in the not to exceed amount of $187,212.90 and authorize a 10% contingency in the amount of $18,721 for any unforeseen changes to the project. Drainage Improvements Base Bid Palm Engineering Tri-Group Construction and Deve DTmenl Portillo Concrete NO 4 6 9 0 11 12 13 14 15 16 ITEM Mobilizafion'Dernobiliealion Traffic Control Q"1 ' UNIT LS LS UNIT PRICE $2,000.00 S2,500.00 AMOUNT $2,000.00 $2,500 00 UNIT PRICE AMOUNT $5,000.00 $5,030-00 $2,000.00 $2,000.00 UNIT PRICE $50000 $2,000.00 AMOUNT $500.OD $2,000.00 Demolition, Excavation and Disposal LS 52,000.00 $2,000.00 $5,000.00 $5,000 00 $ 3 , 0 0 0 00 $3,000.00 Excavation and Disposal of Unsuitable Subgrade and Replace merit with Crushed Aggregate Base Curb & Gutter (Modified G-2 including Iransitlons) Pedestrian Ramp (G-28) Cross Gutter (G-12 Modified with #4 rebar 24" 0 C each way) PCC Sidewalk 1 5'' Asphalt Grind 3" Asphalt Grind Crushed Aggregate Base Asphalt Concrete Sign Relocation Placement of Striping and Pavement Marking Street Survey Monument (M-10) Bonds 50 303 97 2453 455 253 1 1 TN LF EA EA SF SF SF TN TN EA LS EA LS $60.00 $3,000.00 $30.00 S2,000.00 $4,500.00 $8.00 $2 00 $2.30 $40.00 $ 1 3 7 0 0 $56300 $6,120 00 $8,000.00 $9 000 00 $2,400.00 $194.00 $5,641.90 $18,200.00 $34,661.00 $1,12600 $1,250.00 $200.00 $40 00 $ 3 0 00 $2,000.00 $8,000.00 $7D0 • $24.00 $2.00 $30.00 $120.00 $200-00 $1,500.00 $600.00 $2,000.00 $2,000.00 $6,120.00 $8,000-00 116,000.00 $2,100 00 $2,328.00 $4,906.00 $50.00 S30.00 $2,000-00 $7,200.00 $9 00 $2 00 $I00 $13.650.00 $4000 $33,360.00 $40D 00 $1,500.00 $600 00 $2,000.00 $101,964.00 S225.00 S500.00 $2,000.00 $1,503.00 $2,400.00 $2 500 OD $6,120.00 $8,000.00 $14,400.00 $2,700.00 $ 194 00 $2,453.00 $18,200.00 $56,925.00 $1,030.00 $2,000.00 $1,530.00 $2 40000 $ 1 2 3 , 8 9 2 . 0 0 Additive A Mobilizat. of iDemohilization Traffic Control Demolition, Ex'avutioii and Disposal 1 LS LS LS $I 000.00 $'.I,500.00. $1,500.00 $ 1 , 0 0 0 . 0 0 .$ 1 ,500.00 $1,500.00 $5,000.00 $2,000.00 $5,000 00 $5.000 00 $2.000 00 $5,300 00 $ 5 0 0 00 11,000.00 $3,000 00 $500.00 $1,000 00 S3,000.00 4 5 Excavation and Disposal of Unsuitable Subgrade and Replacemen with Crushed Aggregate Base Curb & Gutter (G-2 Modified including transition) Pedestrian Ramp (G-28) 50 64 2 TN LF EA $60.00 $30.00 $2,000.00 $3,000.00 $1,929 00 $4,003 00 $40.00 $30.00 2 000.00 $2,000 00 $1, 920 CO $4,300 CD $50 00 30 00 2,000. 00 S2,500.00 S 1,92000 $4_003 D0 Cross Gutter (C412 modified with 44 re6ar 24" O.C. each way) EA sr 9 10 11 2 PCC Sidewalk (G-7) 15" Asphalt Grind Crushed Aggregate Rase Asphalt Concrete Sign Relocation Striping and Pavement M Bends ul rigs 150 135 155 85 2 $4,500 00 S4,500 00 8,000.00 $8,000.03 7,200 00 $7,200 00 SF TN TN EA 1S LS $ 8.00 $813.00 $750.00 $1,20000 S297.00 $7.750 00 $14,025.00 $1,126 00 $813.00 $750.00 7.00 $20.00 $30. 00 S120.00 $200 00 000.00 $1,000.00 $! 050.00 $2,700.00 $4,650-03 S10,200 00 $400.00 $1,000.00 $1,000-00 $9 00 $4 00 $50. 00 $250.00 $500.00 00.00 $1,200.00 350-00 $540.00 $7,750.00 S21 250.00 $1,000 00 $100.00 $1,200 00 Total: S43,381.00 $48,920.00 S53,310.00 Additive B t Mobilization/Demobilization 1 LS $1,500.00 $1500-00 $5,000.00 $5.000.06 $50000 $500.00 2 Traffic Control I LS $1,500.00 $1,500.00 $2,000.00 $2,030.0C $1,030.00 $1,000.OD 3 Demolition, Excavation and Disposal I LS $1,500.00 $1,500.00 $5,000.00 $5,00000 $3,030.00 $3,000.00 4 Excavation and Disposal of Unsutable Subgrade and Replacement with Crushed Aggregate Base 50 TN $60.00 $3,000.00 $40.00 $2,000.00 $50_0O $2,500.00 5 Pedestrian Ramp (G-28 modified to meet existing flowline' grades) 4 LF $2,000.00 $8,000.00 $2,000.00 $8,000.00 $2.000.00 $8,000.00 s Cross Gutter (6-12 modified with 44 rebar 24" O.C. each way) 2 EA 54,500.00„ $9,000.00 $8,000.00 516,00000 $7,200.00 $14,400.00 7 PCC Sidewalk (G-7) 300 EA $8.00 $2,400.00 $7.00 $2,100.00 $0.00 $2,700.00 5 1" 2" Asphalt Grind 937 SF $3.00 $2,811.00 S5,00 .$4,685.00 $3.00. $2,811.00 9 Crushed Aggregate Base 50 SF $60.00 $3,000.00 $30.00 $1,300.00 $5000 $2,500.00 10 Asphalt Concrete 50 TN $190.00 $9,500.00 $120.00 $6,000.00 $275.00 $13,730.00 11 Sign Relocation 4 TN $410.00 $1,640.00 $200.00 $800,00 $500.00 $2,000 00 12 Striping and Pavement Markings 1 EA $1,688.00 $1,688.30 $2,500.00 $2 500.00 $4,000.00 $4,000.06 13 Bonds 1 LS 51,00000 81,000-00 S1,000.00 51..00000 51,10000 $1,100.00 Total $46,539.00 $56585.00 $58,26 1 00 Grand Total: $187,21290 S207,469.00 $235,463.00 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PALM ENGINEERING IN THE NOT TO EXCEED AMOUNT OF $187,212.90 FOR THE NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $18,721 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on March 5, 2012, did publicly open, examine, and declare eight sealed bids for the National City Drainage Improvements Project ("Project"); and WHEREAS, Palm Engineering was the lowest responsive bidder with a bid amount of $187,212.90 for the base bid and additives A and B; and WHEREAS, a 10% contingency amount up to $18,721 for any 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 Drainage Improvements Project to the lowest responsive, responsible bidder, to wit: PALM ENGINEERING 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 $187,212.90 with Palm Engineering for the National City Drainage Improvements 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 $18,721 for unforeseen changes to the Project. PASSED and ADOPTED this 20th day of March, 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: March 20, 2012 AGENDA ITEM NO. I6 ITEM TITLE: Resolution of the City Council of National City approving and authorizing the Mayor to execute the first amendment to the agreement with Safdie Rabines Architects in the not -to -exceed amount of $61,853 [2011 Tax Allocation Bonds (capital)] .1 PREPARED BY: Colby Young C DEPARTMENT: Engineerin PHONE: x4297 EXPLANATION: National City and Safdie Rabines Architects (SRA) entered into an agreement on September 6, 2011 through the adoption of City of National City Council Resolution No. 2011-213 wherein SRA agreed to provide architectural services to design the National City Aquatic Center for the not -to -exceed amount of $291,777. The initial contract amount was based on the estimated number of hours required to complete the work known by the City and SRA at the time. Successful completion of the Aquatic Center project requires a redesign of certain elements, additional geotechnical work, and creation of the Operating and Maintenance document required by the Port of San Diego. The fee to complete these additional services is not -to -exceed $61,853. . APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. Account # 524-409-500-598-3816 [2011 Tax Allocation Bonds (capital) — Aquatic )] Cen er ENVIRONMENTAL REVIEW: The Mitigated Negative Declaration under the California Environmental Quality Act — UPD# 83356-MND-665 was filed by the Clerk of the Port of San Diego on October 11, 2006. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. First Amendment to Agreement with Safdie Rabines Architects RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH SAFDIE RABINES ARCHITECTS IN THE NOT -TO -EXCEED AMOUNT OF $61,853 TO PROVIDE ADDITIONAL ARCHITECTURAL SERVICES FOR THE NATIONAL CITY AQUATIC CENTER PROJECT WHEREAS, on September 6, 2011, the City Council adopted Resolution No. 2011-213, entering into an agreement with Safdie Rabines Architects ("SRA") to provide architectural services to design the National City Aquatic Center for the not to exceed amount of $291,77; and WHEREAS, to successfully complete the Aquatic Center Project will require amending the scope of services to include a redesign of certain elements, additional geotechnical work, and creation of the Operating and Maintenance document required by the Port of San Diego, for an additional cost not to exceed $61,853. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the First Amendment to the Agreement with Safdie Rabines Architects in the not to exceed amount of $61,853 to provide additional architectural services for the National City Aquatic Center Project. Said First Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AftatkMw-1- FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SAFDIE RABINES, INC. This First Amendment to the Agreement, is entered into this 20th day of March, 2012 by and between the City of National City, a municipal corporation ("CITY"), and Safdie Rabines, Inc. (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on September 6, 2011, ("the Agreement") through the adoption of City of National City Council Resolution No. 2011-213 wherein the CONSULTANT agreed to provide architectural services for the Aquatic Center. WHEREAS, the original contract had a not -to -exceed amount of $291,777. WHEREAS, the agreement expires on June 30, 2013. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on September 6, 2011, shall be amended to add the following: 1. Add to Section 2, Scope of Services: architectural services for the Aquatic Center as outlined in attached Exhibit "A;" and, 2. Add to Section 4, Compensation and Payment: the not -to -exceed amount will be increased an additional $61,853 to cover costs to provide for the services in this amendment. This will bring the total not -to -exceed amount for this contract to $353,630. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated September 6, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Safdie Rabines, Inc. By: By: Ron Morrison, Mayor (Name) (Print) APPROVED AS TO FORM: (Title) By: Claudia G. Silva (Nam City Attorney I n 1 (Title) Argockmen— I, SAFDIE RABINES ARCHITECTS January 17, 2012 Hi Byron, 925 Fort Stockton Drive., San Diego, California 92103-1726 619,297 6153 Fax 619.299 6072 www safd:erabines.com Our original proposal for scope of services and associated fees related to the Construction Document phase of the National City Aquatics Center was based on an estimation of hours needed to perform the work for which we were aware at that time. Since then there have been several items added to our scope that have impacted the project requiring time extensions, redesign of project elements and the addition of consultants to our design team. A. Design Changes outside our scope of services: $54,253.00 1. Elimination of central partition at Building B: $2,624.00 a. Mechanical Services: $2,624 i. Redesign mechanical systems and ducting for Building B due to removal of partition. Modify calculations, plans and schedules. i. Coordinate with design team to incorporate modifications. i. Hourly breakdown: • Principal Engineer 3 hours x $178 = $534 • PM/PE 10 hours x $145 = $1450 • Senior Designer 5 hours x $96 = $480 • CAD Designer 2 hours x $80 = S160 2. Site Modifications: $3,705.00 a. Revise hardscape, planting and irrigation to accommodate new sidewalk widths and limit of work due to Pier 32 work completed. b. Architectural Services: $1,900 i. Revise drawings ii. Meetings and coordination iii. Hourly breakdown: • Project Manager 8 hours x $170 = $1,360 • Designer 3 4 hours x $135 = S540 c. Landscape Services: $650 i. Revise drawings ii. Meetings and coordination iii. Hourly breakdown: • Principal 2 hours x $125 = $250 • Landscape Designer 5 hours x $80 = $400 d. Civil Services: $1155 i. Revise drawings Meetings and coordination ii. Hourly breakdown: • Principal 7 hours x $ 165 = $1155 3. Modifications to Offices for relocation of the Supervisor's Office: $10,131 a. Architectural Services: $8,075 Redesign the Offices for the relocation of the Supervisor's Office. • Modify plans, schedules, elevations, sections and details. • Coordinate with design team to incorporate modifications. ii. Hourly breakdown: • Sr. Principal 2 hours x $250 = $500 • Project Manager 12 hours x $170 = $2,040 3 • Designer 3 41 hours x $135 = $5,535 b. Mechanical Services: $1,226 i. Redesign mechanical systems and ducting for the Offices and Supervisor's Office. • Modify calculations, plans and schedules. • Coordinate with design team to incorporate modifications. i. Hourly breakdown: • Principal Engineer 2 hours x $178 = $356 • PM/PE 6 hours x $145 = $870 c. Structural Services: $830 i. Redesign structural system at the Supervisor's Office to allow for ducting of mechanical systems and modify drawings. • Principal Associate 4 hours x $130 = $680 • Technician 2 hours x $75 = $150 4. Plumbing Fixture Revisions: $4,801.00 a. Plumbing Services: $1,416 Change toilets and urinals to wall mount per National City direction and change plumbing fixtures to be water efficient and to meet current Cal -Green Building Standards. • Modify plans, details and schedules • Coordinate with architectural to incorporate modifications ii. Hourly breakdown: Principal Engineer 2 hours x $178 = $356 • PM/PE 4 hours x $145 = $580 • Senior Designer 5 hours x $96 = $480 b Architectural Services: $3,385 i. Coordinate fixtures and carriers with wall types and curbs. • Modify plans, elevations, sections and details. • Coordinate with plumbing to incorporate modifications. ii. Hourly breakdown: • Project Manager 8 hours x $170 = $1,360 • Designer 3 15 hours x $135 = $2,025 5. Grading and Drainage Revisions: $19,985.00 a. The design team has been required to redesign the grading and drainage for the entire site due to revised storm water regulations and requirements from the Port. These are changes that have occurred after our last building department submittal in 2008 and we were not aware that revisions would be required. We have gone through multiple iterations of grading and drainage redesigns in order to find a solution that works with the current building and landscape design while still meeting the Port's requirements. We could not anticipate these changes to the grading and drainage of the site while preparing the proposal for. Construction Documents. There have also been several unanticipated meetings associated with the Storm Water Revisions. b. Architectural Services: $10,230 Redesign of hardscape and finished floor and mat slab elevations in addition to associated building base modifications. • Modify plans, sections, elevations, details ii. Meetings and coordination with design team to determine a solution that works best for all entities involved. iii. Hourly breakdown: • Project Manager 30 hours x $170 = $5,100 • Designer 3 38 hours x $135 = $5,130 c. Structural Services: $780 4 i. Modify drawings related to pad elevation and thickness modifications. • Principal Associate 6 hours x $130 = $780 d. Landscape Services: $1,265 i. Redesign of grading, utility !drain locations and plant selection / location. ii Meetings and coordination iii. Hourly breakdown: • Principal • Landscape Designer e. Civil Services: $6,600 i. Redesign of hardscape, pad elevations, grading, and drainage systems. ii. Hourly breakdown: • Principal 40 hours x $165 = $6,600 f. Plumbing Services: $1,110 Redesign of storm water filtration at downspouts from roof drains. • Principal Engineer 3 hours x $178 = $534 • Senior Designer 6 hours x $96 = $576 6. Utility Service - Gas and Electric Service Change Impact on Design: $9,747.00 a There have been design fee impacts and schedule impacts associated with the change in direction, first eliminating gas service and then returning back to gas, for reasons beyond our control. The plumbing and electrical systems had to be redesigned to go from gas to electric and then redesigned back for electric. Additional meetings and coordination along with revisions to the drawings have been added to our scope of work. i_ Architectural Services: $2,850 • Project Manager • Designer 3 b. MEP Services: $6,897 • Principal Engineer • PM/PE • Senior Designer • CAD Designer 7. YMCA Changes: $3,260.00 a. Untimely responses have caused delays in the project. Modifications were also requested to the restrooms with regards to mirrors and shelving which have been implemented into the drawings. Artist revisions to tile were also required in addition to meetings and coordination. i. Architectural Services: $2,680 • Project Manager • Designer 3 i Artist: $580 • Artist Meetings • Artist Designer 5 hours x $125 = $625 8 hours x $80 = $640 12 hours x $170 = $2,040 6 hours x $135 = $810 9 hours x $178 = $1602 15 hours x $145 = $2175 25 hours x $96 = $2400 9 hours x $80 = $720 11 hours x $170 = $1,870 6 hours x $135 = $810 1 hours x $80 = $80 4 hours x $125 = $500 B. Additional Consultant and Scope Coordination: $7,600.00 Coordination with Geotechnical Engineer who was brought on the project after our proposal. No fees or scope of services were previously provided for our services: $4,880.00 a. Architectural Services: $3,700 i. Coordination with geotechnical engineer and other consultants to provide information needed to complete the work. ii. Meeting with geotechnical, civil and structural engineers to review proposed systems and discuss impact to project. iii Hourly breakdown: • Project Manager 17 hours x 5170 = $2,890 • Designer 3 6 hours x $135 = $810 b Civil Services: $660 i. Meeting and coordination to review proposed systems and discuss impact to project. • Principal 4 hours x $165 = $660 c. Structural Services: $520 i. Meeting and coordination to review proposed systems and discuss impact to project. • Principal Associate 4 hours x $130 = $520 Coordination for the O&M Document which was requested after our approved proposal. No fees or scope of services were previously provided for our services: $2,720.00 a. Architectural Services: $2,720 i. Coordination with civil engineer, National City, and other consultants to provide information needed to complete the work. • Project Manager 16 hours x $170 =' $2,720 C. Total additional services: $61,853.00 These unforeseen conditions are outside our scope of services and have resulted in substantial additional work for the project team. We would appreciate your consideration of our request for additional service fees to cover these changes. Please let us know if there are any questions. Taal Safdie 6 CERTIFICATE OF LIABILITY INSURANCE OP ID: PC DATE (h1 MIUUIYYYY) 05/31/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Unickel & Associates Insurance Unlckel & Assoc.LIC#0827703 P.O. Box 10727 San Bernardino, CA 92423.0727 INSURED Safdie Rabines Architects 925 Fort Stockton Drive San Diego, CA 92103 909-890-9707 909-890-9237 CONTACT Patty Chacon PHONE 909-890.9707 PHO(AiNE 0 E-MAILDSS: Pchacon@unickelinsurance.com PRODUCER SAFDI-1 1CuyTOAER ID #: INSURER(S)AFFORDING COVERAGE InsuRERA:Amerrcan Casualty Company INSURER B INSURER C: INSURER D : FAX No): 909-890-9237 . NAIL INSURER E: INSURER F: • REVISION 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 W-IICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDL. INSR SIJeM, WVDI POLICY NUMBER POLICY EFF (MMIDDrYYYY) POLICY EXP UAAVDD/YYYY) LIMITSLTR GENERAL -- LIABILITY LIABILITY 1_-- 1 OCCUR EACH OCCURRENCE 5 DAMAGE TO RENTED PREMISES (Ea oo,,rroneal $ —, _. 1 CLAIMS -MADE MED EXP (Any one person) S PERSONAL S ADV INJURY $ GEN'L GENERAL AGGREGATE 5 AGGREGATE LIMIT APPLIES PER. POLICY JECT LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL O'ANEO AUTOS SCHEDULED AUTOS AIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ - _ BODILY INJURY (Per persoe) 5 BODILY INJURY (Per ecddenl) $ PROPERTY DAMAGE (Per accident) $ $ 5 UMBRELLA LIAR EXCESS LIAR OCCUR EACH OCCURRENCE S $ _ AGGREGATE DEDUCTIBLE RETENTION $ S $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERO.I EMBER EXCLUDED? (Mandatory In NH) II yes describe under DESCRIPTION OF OPERATIONS Y / 17 I 1 NIA 4030721867 06101/11 00/01/12 x II the STATU- OTH- TDRY LIAl1TS Eft _,J E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE • EA EMPLOYEES 1 OOO,OD� r below El. DISEASE - POLICY $ 1.000r401 DESCRIPTION OF OPERATIONS I LOCATIONS !VEHICLES (Attach ACORD 101, Additional Remarks Schedule, II more space Is required) *Except 10 day notice of cancellation for non-payment of premium. Workers Compensation Waiver applies to The City of Nationaol City, its elected officials, officers, agents and employees. CERTIFICATE HOLDER CANCELLATION NATIONA The City of National City Attn: Glnny Orcutt 1243 National City Blvd. National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESE © 1988-2.09 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 7 OP ID: PC �� rzo CERTIFICATE OF LIABILITY INSURANCE DATEt'/31/1f(YYY, 05/31/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policyties) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies tnay require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsoment(s). PRODUCER 909-890-9707 Unickel & Associates Insurance Unickel & Assoc. Llef/0827703 909.690-9237 P.O. Box 10727 San Bernardino, CA 92423.0727 CONTACT NAME: Patty Chacon PHONE FAX No ExO:g09-890-9707 eye No): 909-890-9237 �fwe, t-MAIL unickelinsurance.com ADDRESS: Pchacon@unickelinsurance.com CUSTOMER ID #:SAFDI'1 INSURER(S) AFFORDING COVERAGE _ NAIC It INSURED Safdie Rabines Architects 925 Fort Stockton Drive San Diego, CA 92103 USURER A:American Casualty Company INSURER 6: INSURER C : INSURER O: INSURER G : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION 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 TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NISEI TYPE OF INSURANCE �' SUB' • I POLICY NUMBER POLICY EFF MUDD POLICY EXP MMtDor'YYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 - - DAMAGE TO RENTED - COMMERCIAL GENERAL LIABILITY PREMISES (Ea rvn,Toncoj___ _ -- _ l CLAWS mADE -__- OCCUR t,t ED EXP (MY ma person) $ PERSONAL & AUV INJURY S GENERALAGGREGAIE $ GEM_ AGGREGATE LIMN APPLIES PER: PRODUCTS- COMPIOP AGO $ — -- - -. POLICY RO 1_J; - LOC $ LIABILITY COMBINED SINGLE LIMIT $ AUTOMOBILE --- (Ea accident) ANY AUTO BOCILY INJURY (Per person) 5 ALL OWNED AUTOS BODILY INJURY {Per accident) 5 I-- SCHLDULEO AUTOS PROPERTY DAMAGE 5 HIRED AUTOS (Per acci ienl) ��__ NON•U5Wi EU AUTOS 5 $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LAB _1 j CLAMS -MADE AGGREGATE 0 1 DEDUCTIBLE 5 _ RETENTION 5 5 WORKERS COMPENSATION X WC STATU-® ARYL �.1 AND EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERJD,IEMSER EXCLUDED? YtN N 1 A 4030721867 06/01/11 06/01/12 EL. EACH ACCIDENT $ 1,000,00. - -- (MandatorylnNH) G.L. DISEASE -- EACMPLOYEa 5 1,000,001 soder DESCRIPTION DESCRIPTION OF OPERATIONS Wiese OFO E.L. DISEASE - POLICY LIMIT $ 1,000,00. DESCRIPTION OE OPERATIONS / LOCATIONS 1 VEHICLES (Atlad ACORD 101, Additional Remarks Schedule, If more spaco Is required) 'Except 10 day notice of cancellation for no 1-payment of premium. Verification of Coverage. RE: National City Aquatic Center. CERTIFICATE HOLDER CANCELLATION COMMDEV The Community Development Commission of the City of National City 140 E. 12th Street, Ste B National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RE RESEt ©1.88-201 • ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 8 ACO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/31/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cavignac & Associates 45C, B Street, Suite 1800 San Diego, CA 92101-8005 License No. OA99520 INSURED Safdie Rabines Architects 925 Fort Stockton Dr. San Diego; CA 92103 United States CONTACT NAME: Certificate Department PHONE (A/C No Ee/. 619-234-6848 Adoertificates@'oavl g- 'lac. corn EDDRESS: PRODUCER CUSTOMER ID#: SAFDI-1 FAX (A(CNo) 619-234-8501 , INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:TRAV_ELERS PROP- CAS CO OF AMER INSURER 13 : ARGONAUT INS CO INSURER C INSURER D INSURER E . INSURER F 25674 19801 COVERAGES CERTIFICATE NUMBER: 142586 REVISION NUMBER: 147415 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BFFN INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED HY EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY I IAVE BEEN ISSUED TO THE INSURED CONTRACT OR OTHER THE POLICIES DESCRIBED REDUCED BY PAID CLAIMS. POLICY EH- POLICY EXP (MMIDn/YYYY) (MM/DD/YYYY) NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS INSR LTR TYPE OF INSURANCE ADDL SUER INSR WVD POLICY NUMBER A GENERAL X LIABILITY COMMERCIAL GENERAL LIABI_ITY I X I OCCUR g 6802040L64i 6/1/2011 66162012 EACH OCCURRENCE $ 1,000,000 $ 1,000,000 DAMAGE SORENTED PREMISES occurrence) CLAIMS -MADE MED EXP (Any one,person) PERSONAL &ADV INJURY $ 10 , 000 $ 1,CCU, ODE X X GEN'L Contractual Liability Separa[ion of Insureds GENERAL AGGREGATE $ 2,000,090 AGGREGATE LIMIT APPLIES PER' POLICY X JET LOC PRODUCTS - COMP/OP AGO $ 2, 00O3 000 Deductible $ 0 AUTOMOBILE X X X LIABILITY k BA3_31L06E In/`./2a' 1 s/1/2012 COMBINED SINGLELIMIT (Ea accident( $ 1,000,C00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ D DEDUCTIBLE RETENTION $ 8 $ WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) 11 yes, describe under DESCRIPTION OP OPERATIONS Y / N N/A 1 WCSTATU- 1 IOIH- TORY LIMI LS 3 ER 8 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ below E.I_. DISEASE - POLICY LIMIT $ B Professional Liability IAE1047002 6//62011 6/1/2012 Ea Clam & Ang.eg $$2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Add tional Insured coverage applies to General and Automobile Liability for The City of National City, its elected officials, officers, agents and employees per policy form. Prof. Liab. - Claims made, defense costs included within limit. CERTIFICATE HOLDER CANCELLATION The City of National City City Attorney's Office 1243National City Blvd. lational City, CA 91950-4301 lilted States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jeffrey S. Steen © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Page 2 Of 4 EXIGIS - CAVIGN9C & ASSOCIATES 147415 COMMERCIAL AUTO Policy No. BA3131L0L5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form appiy unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement, The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. a ar AN ccT AnnlnnntAL Ncf iocn The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and CA T3 53 06 09 H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT vR L"°S.. M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section I. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. © 2009 The Travelers Companies, Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 10 Page 3 of 4 POLICY NUMBER: 6302040L643 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section available to such additional insured which covers such II): additional insured as a named insured, and v'e will not Any person or organization that you agree in a "contract share with the other insurance, provided that: or agreement requiring insurance" to include as an (1) The "bodily injury" or "property damage" for additional insured on this Coverage Part, but only with which coverage is sought occurs: and respect to liability for "bodily injury", "property damage" or (2) The "personal injury" for which coverage is "personal injury" caused, in whole or in part, by your acts sought arises out of an offense committed; or omissions or the acts or omissions of those acting on after you have entered into that "contract or agreement your behalf: requiring insurance" But this insurance still is excess over a. In the performance of your ongoing operations; valid and collectible other insurance, whether primary, b. In connection with premises owned by or rented to excess, contingent or on any other basis, that is available you; or to the insured when the insured is an additional insured c. In connection with "your work" and included within the under any other insurance. "products -completed operations hazard". C. The following is added to Paragraph 8. Transfer Of Such person or organization does not qualify as an Rights Of Recovery Against Others To Us in additional insured for "bodily injury", "property damage" or COMMERCIAL GENERAL LIABILITY CONDITIONS "personal injury" for which that person or organization has (Section IV) assumed liability in a contract or agreement. We waive any rights of recovery we may have against any The insurance provided to the additional insured is limited person or organization because of payments we make for as follows: "bodily injury", "property damage" or "personal injury" d. This insurance does not apply on any basis to any arising out of "your work" performed by you, or on your person or organization for which coverage as an behalf, under a "contract or agreement requiring insurance' additional insured specifically is added by another with that person or organization We waive these rights endorsement to this Coverage Part. only where you have agreed to do so as part of the e. This insurance does not apply to the rendering of or "contract or agreement requiring insurance" with such failure to render any "professional services". person or organization entered into by you before, and in f. The limits of insurance afforded to the additional effect when, the "bodily injury" or "property damage' insured shall be the limits which you agreed in that occurs, or the "personal injury" offense is committed. "contract or agreement requiring insurance" to D. The following definition is added to DEFINITIONS provide for that additional insured, or the limits shown (Section V): in the Declarations for this Coverage Part, whichever "Contract or agreement requiring insurance" means that are less. This endorsement does not increase the part of any contract er agreement under which you are limits of insurance stated in the LIMITS OF required to include a person or organization as an INSURANCE (Section III) for this Coverage Part. additional insured on this Coverage Part, provided that the B. The following is added to Paragraph a. of 4. Other "bodily injury" and "property damage" occurs, and the Insurance in COMMERCIAL GENERAL LIABILITY personal injury' is caused by an offense committed. CONDITIONS (Section IV): a. After you have entered into that contract or However, if you specifically agree in a "contract or agreement; agreement requiring insurance" that the insurance provided b. While that part of the contract or agreement is in to an additional insured under this Coverage Part must effect; and apply on a primary basis, or a primary and non-contributory c. Before the end of the policy period basis, this insurance is primary to other insurance that is CGD3810907 O 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 11 Page 4 of4 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT (FETING DATE: March 20, 2012 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City approving the First Amendment to the Agreement between the City of National City and D-Max Engineering, Inc., in the amount of $32,824 for Fiscal Year 2011- 2012 and $30,153 per fiscal year 2012-2013 and 2013-2014, to provide assistance with implementation of the State Mandated Fats, Oils and Grease (FOG) Program. (Funded by Sewer Fund.) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: 44,2 FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Allocate $32,824 to account 125-406-029-299-0000 from available funds in the un-appropriated Sewer Fund balance for Fiscal Year 2011-2012. Fiscal Year 2012-2013 and 2013-2014 will be budgeted appropriately ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A .TTACHMENTS: 1. Explanation 2. First Amendment — D-Max Engineering Inc. 3. Resolution Explanation: Municipal sanitary sewer collection and conveyance systems are an extensive, valuable, and complex part of the City's infrastructure. Collection systems consist of pipelines, conduits, pumping stations, force mains, and all other facilities used to collect wastewater from individual residential, industrial, and commercial sources and convey it to facilities that provide treatment before discharge to the environment. Often, the sanitary sewer system is blocked by Fats, Oils, and Greases, causing sewer overflows, On May 2, 2006 the State Water Resources control Board (SWRCB) adopted Order No. 2006-0003, a General Waste Discharge requirement (WDR) for all publicly owned sanitary sewer collection systems in California with more than one (1) mile of sewer pipe. The Order allowed each regional board to issue more stringent or more prescriptive WDRs for sanitary sewer systems. Region 9, the San Diego region, adopted Order R9- 2007-0005 on February 14, 2007 that contained additional provisions that all sewer collection agencies with Region 9 adhere to, specifically relating to private lateral sewage discharges reporting. In Section D, 13 (vii) Fats, Oils and Grease (FOG) Control Program of SWRCB Order No. 2006-0003, the City was required to implement a program to help reduce the amount of FOG discharged to the sanitary sewer system. The City prepared the program in April of 2009, which addresses the mandatory SSMP provisions: (1) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area, and a list of acceptable disposal facilities. (2) Legal authority to prohibit discharges to the system and identify measures to prevent SSO's and blockages caused by FOG. (3) Requirements to install grease removal devices, design standards for the removal devices, maintenance requirements, I3MP requirements, record keeping and reporting requirements. (4) Authority to inspect grease producing facilities, enforcement authorities, and sufficient staff to inspect and enforce the FOG ordinance. (5) Identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section. (6) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified. (7) implementation of a plan and schedule for a public education outreach program that promotes proper disposal of FOG. D-Max Engineering, Inc. provides the City with assistance in implementing the National Pollutant Discharge Elimination System (NPDES) Storni Water Program. The Storm Wafer Program and the FOG Program have similarities and in some cases the requirements overlap. Staff recommends approval of an amendment to the contract with D-Max Engineering, Inc., to assist with implementing the FOG Program as outlined on the attached proposal. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH D-MAX ENGINEERING, INC., INCREASING THE NOT TO EXCEED AMOUNT BY $93,130, FOR A TOTAL NOT TO EXCEED AMOUNT OF $843,130, AND TO EXPAND THE SCOPE OF WORK TO INCLUDE ASSISTANCE WITH IMPLEMENTATION OF THE FATS, OILS AND GREASE PROGRAM WHEREAS, on May 2, 2006, the State Water Resources Control Board ("SWRCB") adopted Order No. 2006-0003, a General Waste Discharge requirement ("WDR") for all publicly -owned sanitary systems in California with more than one mile of sewer pipe; and WHEREAS, in Section D, 13 (vii), Fats, Oils and Grease ("FOG") Control Program of SWRCB Order No. 2006-0003, the City was required to implement a program to reduce the amount of FOG discharged into the sanitary sewer system; and WHEREAS, on June 21, 2011, the City Council adopted Resolution No. 2011- 124, entering into a three-year agreement with D-Max Engineering, Inc., to provide engineering and environmental services, and to assist implementing National Pollutant Discharge Elimination System ("NPDES") Storm Water Program permit requirements for the not to exceed amount of $250,000 per fiscal year; and WHEREAS, the NPDES Storm Water Program and the FOG Program have similarities, and in some cases the requirements overlap; and WHEREAS, an amendment to the D-Max Agreement dated June 21, 2011, is desired to increase the scope of services to include providing the City assistance in implementing the FOG Program, for a total Agreement amount to $843,130, broken down by fiscal years, as follows: Amended Not to Fiscal Year Current Amount Increase Exceed Amount 2011-2012 $250,000 $32,824 $282,824 2012-2013 $250,000 $30,153 $280,153 2013-2014 $250,000 $30,153 $280,153 Total Amounts: $750,000 $93,130 $843,130 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the First Amendment to the Agreement with D-Max Engineering, Inc., to assist the City in implementing the state mandated Fats, Oils and Grease ("FOG") Program for the not to exceed amount of $93,130, bringing the total not to exceed for the Agreement to $843,130. Said First Amendment to the Agreement is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2012 — Page Two PASSED and ADOPTED this 20th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. This First Amendment to the Agreement, is entered into this 20th day of March, 2012, by and between the City of National City, a municipal corporation (the "CITY"), and D-Max Engineering, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an Agreement by and between the City of National City and D-Max Engineering, Inc., on June 21, 2011, (the "Agreement") through the adoption of City of National City Council Resolution No. 2011-124, wherein the CONSULTANT agreed to provide engineering, environmental services and assistance with implementation of the National Pollutant Discharge Elimination System ("NPDES") per requirements; and WHEREAS, the Agreement is for three consecutive fiscal years beginning in Fiscal Year 2012, with a not -to -exceed amount $250,000 per fiscal year; and WHEREAS, the City desires to increase the scope of services by the CONSULTANT to provide assistance with implementation of the Fats, Oils and Grease ("FOG") Program as outlined in the attached Exhibit "A", for the additional not to exceed amount of $93,130 over the remaining term of the Agreement, bringing the total not to exceed amount to $843,130. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on June 21, 2011, shall be amended as follows: 1. Section 2 "Scope of Services": Section 2 shall also include assistance with implementation of the Fats, Oils and Grease (FOG) program as outlined in attached Exhibit "A". 2. Section 4 "Compensation and Payment": Section 4 is amended by increasing the not to exceed amount by $93,130, broken down by fiscal years, as follows: Amended Not to Fiscal Year Current Amount Increase Exceed Amount 2011-2012 $250,000 $32,824 $282,824 2012-2013 $250,000 $30,153 $280,153 2013-2014 $250,000 $30,153 $280,153 Total Amounts: $750,000 $93,130 $843,130 • 1 The parties further agree that each and every term and provision of the Agreement dated June 21, 2012, except as amended herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY D-MAX ENGINEERING, INC. By: By: JO.11412t.,/ Ron Morrison, Mayor Arsalan Dadkhah President APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney By: Jo'bn-Quer z =rt= Secretary —1� - 2 - City of National Clty/D-Max Engineering, Inc. .First Amendment to Agreement (FOG Program) 2 EXHIBIT "A" D-MAx Engineering, Inc. Consultants in Water & Environmental Sciences February 17, 2012 Revised March 5, 2012 Project No. 201205W Joe Smith Director Public Works Department City of National City 2100 Hoover Avenue National City, CA 91950 e -®®ate riffiel IOW USW NM os wre111W 'sr —ZIL Re: Proposal for Fat, Oil & Grease (FOG) Program Development and Inspections Dear Joe: D-MAx Engineering, Inc. (D-MAx) is pleased to submit this proposal to conduct FOG Program compliance inspections of industrial and commercial facilities within the City of National City (City). Work will be conducted in accordance with the City's Sanitary Sewer Management Plan (SSMP) and the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (SWRCB Order No. 2006-0003-DWQ). Based on our experience with FOG programs in other jurisdictions and our current work in the City of National City, we will be able to provide cost-effective assistance with the development and implementation of the City's FOG Program. SCOPE OF SERVICES Task 1 — FOG Program Development - Our scope of services will include the following sub tasks. 1.1: Development of FOG Best Management Practice (BMP) Requirements We will update the City's SSMP to include FOG BMPs for Food Service Establishments (FSEs). We will develop a list of required FOG BMPs, including the following. • Source control BMPs, such as installing drain screens and training employees. These BMPs are necessary since SWRCB Order No. 2006-0003-DWQ requires "Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system.._" • Numeric standards for total accumulation of grease and solids in grease control devices, which create a clearer basis for compliance and enforcement. • Record -keeping requirements, most commonly for grease control device maintenance, employee training, private sewer lateral cleaning, and hood exhaust cleaning. It is our understanding that these BMPs require legal backing from the City's Municipal Code, and that City staff will be able to obtain input from the City Attorney. 1.2: Development of a FOG Inspection Form We will create FOG inspection forms for the City. For stand-alone FOG inspections, a short form will be developed to log the appropriate facility and FOG BMP information. We will also adapt the existing Storm Water Industrial/Commercial restaurant attachment to 7220 Trade Street ■ Suite 119 e San Diego, CA 92121 e (858) 586-6600 • Fax (858) 586-6614 Joe Smith City of National City March 5, 2012 Page 2 NM WM MEV MI ME ANE lit NM A MY d11111111620.-Alb -. dams ts.rat match the new FOG BMP requirements so that FOG inspections can be conducted efficiently. 1.3: Database Modification for FOG Data To begin storing data immediately from the FOG inspections conducted this fiscal year. we will modify the existing Storm Water Industrial/Commercial Program inspection database. FOG inspection data from both the combined and stand-alone FOG inspections will be stored in one Microsoft Access database, which can be used to quickly export spreadsheets of facility and inspection data. Task 2 — FOG Education and Outreach - Our scope of services will include the following sub -tasks. 2.1: FOG Inventory Research and Update We will update the current inventory of FOG facilities with contact information. Some businesses from the Industrial/Commercial storm water inventory have already been marked as FOG facilities. Additionally nearly 35 non -restaurant FSEs were recently identified based on old business license records. Any new schools, hospitals.. convalescent homes, churches with cafeterias, and other non -restaurant FSEs will need to be added to the inventory. We will update the City's inventory based on the most recent current business license list to obtain correct contact information (such as mailing addresses) for inspection notification and education. Facilities that may or may not have kitchens, such as churches, will be called to confirm the need to place them on the inventory. 2.2: Facility Notification and Education SWRCB Order No. 2006-0003-DWQ requires "An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG." In order to notify facilities of the City's FOG BMP requirements, a letter will be mailed to the facility owner/operator of all FSEs on the City's FOG inventory. We will prepare a cover letter describing the City's BMP requirements and rationale. We will also prepare a one -page fact sheet that defines FOG -related terms and explains the conceptual basis for the program. This mailing will also serve as notification to facilities to expect a City inspection, which is typically necessary to ensure that facility owners are able to implement and document their maintenance and training program before inspectors arrive. Task 3 — FOG Inspections - Our scope of services will include the following sub -tasks.- 3.1: Inspections Types of FOG Inspections Stand -Alone Fat, Oil, and Grease (FOG) Inspections Facilities on the FOG Inventory that have not otherwise been required to be inspected for the Storm Water Program, such as schools, hospitals, and convalescent homes, require stand -along, FOG only inspections. These facilities are also typically larger and may have scheduling constraints due to safety and security issues. FOG inspections will be scheduled and conducted in accordance with all City BMP requirements set forth in the updated SSMP. FOG inspections include an evaluation of any grease control devices in use at the facility, an assessment of required Joe Smith City of National City March 5, 2012 Page 3 UNINSIPM. Ili ABM M ■ass i WNW MN UM s AMU UV wv • - — measures to prevent discharge of FOG, and an assessment of FOG -related training conducted at the facility. Results will be documented on the new stand-alone inspection form developed for the program. We will mail out corrective action reports to the responsible party (owner and/or operator) after inspections. Fat, Oil, and Grease (FOG) Inspections Combined with Required Storm Water Compliance Inspections Where possible, we will conduct FOG inspections in coordination with compliance inspections that are already requred as part of the Storm Water Industrial/Commercial Inspection Program. This will be the most efficient way to increase the FOG inspection program's coverage with a minimum of additional travel time and cost. Along with the standard storm water quality inspection, additional inspection of FOG related activities will be conducted at grease -producing facilities such as restaurants, grocery stores, and food manufacturers. We will use the storm water inspection form's restaurant attachment that will be modified to include FOG BMPs for the FOG portion of the inspection. We will mail out corrective action reports to the responsible party (owner and/or operator) after inspections. Number of Required Inspections The City recently submitted a questionnaire to the State Water Quality Control Board (SWRCB) that estimated 180 FOG inspections would be conducted in the 2012 calendar year. During the 2011-2012 fiscal year, we propose to conduct approximately 100 inspections before June 30, 2012. We propose 180 inspections in each of future fiscal years 2012-2013 and 2013-2014. . Inspection Method To maximize efficiency, our inspectors will conduct both combined storm water and FOG inspections and storm water compliance inspections concurrently instead of completing all FOG inspections separately. This approach is more efficient because it allows neighboring businesses to be inspected on the same day even if some establishments require a FOG inspection and some do not. Also, facilities -that require a FOG inspection are often very busy and thus difficult to inspect around peak lunch hours of approximately 11:00 AM to 1:30 PM. For this reason, having an inspection list with both FOG and non - FOG sites also helps improve efficiency. 3.2 — FOG Inspection Letter Report Summary letters that update the City on the progress of the inspection program will be prepared and sent to the City twice per month while inspections are being conducted. The summary letters will include lists of violations observed and recommendations. Note that sanitary sewer overflows and any other situations deemed to present immediate threats to water quality will be reported immediately to City staff via telephone call. At the conclusion of our inspections, we will prepare a short report summarizing the findings and recommendations of the FOG inspections conducted. 3.3: FOG Inventory Report We will create an Excel spreadsheet that provides the entire FOG inventory, type and size of grease control device, and the date of the most recent inspection for each site on the inventory. Joe Smith City of National City March 5, 2012 Page 4 s'U =a ® I ® Jam® m >ma 1119 r A V 11111116O-111. " ®m is L4 Task 4: As -Needed Follow -Up Services - Our scope of services will include the following sub -tasks. 4.1: Follow -Up FOG Inspections Based on our experience, some facilities that generate FOG require follow-up after inspection to ensure that they do conduct appropriate maintenance or install required source control BMPs, such as drain screens. On an as -needed basis we will follow-up with up to 50 inspected facilities (50 percent of total) first by requesting submission of maintenance records then by revisiting the site, if necessary. 4.2: Enforcement Case Paperwork In the case that some facilities are unresponsive to follow-up efforts and do not make required corrections, additional enforcement measures may be required. Since this is the first year, we do not anticipate an extensive enforcement process, however if the City requests assistance with preparation of Notices of Violation or other enforcement paperwork, we are available to help with up to five cases on an as -needed basis. Task 5: As -Needed On -Call Services — It has been our experience that FOG Program related circumstances requiring an expert or immediate response occasionally arise, such as responses to regulatory agency comments, providing support to City staff with municipal code revision, assistance with data requests for regulatory or third party inquiries, and field investigation of illegal discharges or complex BMP deficiencies. D-Max will be pleased to provide on -call services to the City of National City when requested by the City. COSTS OF SERVICES Our proposed costs to conduct the services described in the above scope of services for fiscal years 2011-2012, 2012-2013, and 2013-2014 are listed below. Fiscal Year 2011-2012 Task 1: FOG Program Development — $3,920 Task 2: FOG Education and Outreach — $3,480 Task 3: FOG Inspections (35 FOG only, 65 combined with storm water) — $12,315 Task 4: As -Needed Follow -Up Services — $7,608 (Time and Materials, Not to Exceed) Task 5: As Needed On -Call Services — $5,500 (Time and Materials, Not to Exceed) Recommended 2011-2012 Total Budget: $32,824 Fiscal Year 2012-2013 Task 1: N/A Task 2: N/A Task 3: FOG Inspections (20 FOG only, 160 combined with storm water) — $15,305 Task 4: As -Needed Follow -Up Services — $9,348 (Time and Materials, Not to Exceed) Task 5: As -Needed On -Call Services — $5,500 (Time and Materials, Not to Exceed) Recommended 2012-2013 Total Budget: $30,153 t(1 Joe Smith City of National City March 5, 2012 Page 5 in UM USW MI AThill Mar ENav rstti Fiscal Year 2013-2014 Task 1: N/A Task 2: N/A Task 3: FOG Inspections (20 FOG only, 160 combined with storm water) — $15,305 Task 4: As -Needed Follow -Up Services — $9,348 (Time and Materials, Not to Exceed) Task 5: As -Needed On -Call Services — $5,500 (Time and Materials, Not to Exceed) Recommended 2013-2014 Total Budget: $30,153 Task 1 through Task 3 services will be conducted as a lump sum. Task 4 and Task 5 services will be conducted on a time and materials basis in accordance with the fee schedule included with our current storm water services contract with the City. A cost estimate spreadsheet breaking down the hours for these services is attached. Please give us a call at (858) 586-6600 extension 22 if you have any questions regarding this proposal. Sincerely, D-MAx Engineering, Inc. Arsalan Dadkhah, Ph.D., P.E. Principal cc: Barby Tipton City of National City Annual Cost Breakdown for 2012-2013 and 2013-2014 FOG Inspections Principal Senior Asst. Proj. Staff Word Engineer Scientist Scientist Scientist Processor ODC Direct Total Rate $140 $120 $100 $85 $55 Task 3 - FOG Inspections 3.1 (a) Stand -Alone FOG Inspections (20) 1 6 30 3 $83 $3,518 3.1 (b) FOG Inspections Combined with Storm Water (160) 16 80 8 $667 $9,507 3.2 FOG Inspections Letter Report 1 1 16 2 $10 $1,980 3.3 FOG Inventory Report 3 $300 Task 3 Subtotal 1 2 41 110 13 $760 $15,305 Task 4 - As Needed Follow -Up Services 4.1 Follow -Up FOG Inspections (up to 65) 3 13 65 13 3208 $8,108 4.2 Enforcement Case Paperwork (up to 5) 2 10 $1,240 Task 4 Subtotal 0 5 23 65 13 ' $208 $9,348 Task 5 - As Needed On -Call Services (Time and Materials, Not To Exceed) $5,500 City of National City Cost Breakdown for 2011-2012 FOG Inspections Principal Senior Asst. Proj. Staff Word ODC Direct Total Engineer Scientist Scientist Scientist Processor Rate $140 $120 $100 $85 $55 Task 1 - FOG Program Development 1.1 FOG BMP Development 2 3 12 $1,840 1.2 FOG Inspection Form Development 2 8 $1,040 1.3 Database Modification for FOG Data 2 8 $1,040 Task 1 Subtotal 2 7 28 0 0 $0 $3,920 Task 2 - FOG Education and Outreach 2.1 FOG Inventory Research and Update 2 10 4 $1,460 2.2 Facility Notification and Education 2 15 $240 $2,020 Task 2 Subtotal 2 2 25 0 4 $240 $3,480 Task 3 - FOG Inspections 3.1 (a) Stand -Alone FOG Inspections (35) 2 10.5 52.5 5 $146 $6,173 3.1 (b) FOG Inspections Combined with Storm Water (65) 6.5 32.5 3.25 $271 $3,862 3.2 FOG Inspections Letter Report 1 1 16 2 $10 $1,980 3.3 FOG Inventory Report 3 $300 Task 3 Subtotal 1 3 36 85 10.25 $427 $12,315 Task 4 - As Needed Follow -Up Services 4.1 Follow -Up FOG Inspections (up to 50) 3 10 50 10 $208 $6,368 4.2 Enforcement Case Paperwork (up to 5) 2 10 $1,240 Task 4 Subtotal 0 5 20 50 10 $208 $7,608 Task 5 - As Needed On -Call Services (Time and Materials, Not To Exceed) $5,500 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing an appropriation of funding from un- appropriated Sewer Fund balance in the amount of $459,517 to cover shortage of the original appropriation needed to cover the bid amount and to provide for a contingency of 25% for any unforeseen changes for the 8`h Street Sewer project (Funded by Sewer Fund) (Companion Item No. 9 ) PREPARED BY: Barby Tipton DEPARTMENT: Engineering PHONE: 619-336-4583 APPROVED BY: EXPLANATION: Council approved an appropriation of $1,500,000 for the 8th Street Sewer Replacement Project through the budget process for Fiscal Year 2011-2012. The project was advertised for bid. With soft costs (design, project management, construction management and inspections) deducted from the appropriation, the allocation is $127,585.78 short of the bid amount. Additionally, a project that requires underground work is presumed to have unforeseen issues, therefore, it is also requested that Council authorize a 25% of the bid amount for contingency to cover the cost of such sewer related work. This allocation will provide $127,585.78 to cover actual work and the remaining amount of $331,931.22 will be used only if we encounter unforeseen changes to the project. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Funds in the amount of $459,517 are available in the unappropriated Sewer Fund Balance (125 -0101) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN APPROPRIATION FROM THE UN -APPROPRIATED SEWER FUND BALANCE TO THE 8TH STREET SEWER PROJECT IN THE AMOUNT OF $459,517 TO FUND A BID AMOUNT SHORTAGE OF $127,585.78, AND TO PROVIDE A CONTINGENCY AMOUNT OF $331,931.22 FOR THE 8TH STREET SEWER PROJECT WHEREAS, the City Council approved an appropriation of $1.5 Million for the 8th Street Sewer Replacement Project through the budget process for Fiscal Year 2011-2012; and WHEREAS, the project was advertised for bid with the lowest responsive bidder being Basile Construction in the amount of $2,386,365.49; and WHEREAS, after funding the soft costs (design, project management, construction management and inspections), the $1.5 Million allocation is $127,585.78 short of the bid amount; and WHEREAS, a project that requires underground work is presumed to have unforeseen issues, therefore, a contingency reserve of 25% should be established to cover such costs; and WHEREAS, the 25% contingency is approximately $331,931.22; and WHEREAS, the contingency amount shall be spent only if there are any changes due to unforeseen circumstances. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the appropriation of $459,517 from the un-appropriated Sewer Fund Balance to the 8th Street Sewer Project (Account No 125-409-500-598-2027); $127,585.78 to cover the shortage of the bid amount, and $331,931.22 to cover the contingency amount should there be any unforeseen changes during construction of the 8th Street Sewer Project. PASSED and ADOPTED this 20th day of March, 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: March 20, 2012 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of National City awarding a contract to Basile Construction, Inc. in the not -to - exceed amount of $2,386,365.49 and authorizing a 25% contingency in the amount of $596,591 for any unforeseen changes to the project for the 8th Street Utility Undergrounding and Sewer replacement Project, Specification 11-04 (Funded by Sewer Fund and Reimbursable General Fund (20A Conversion) (Companion Item No. 8) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: APPROVED: '-"- Finance ACCOUNT NO. APPROVED: MIS Funds are available in Account 001-409-500-598-3918 in the amount of $1,058,640.52 and Account 125-409-500-598-2027 in the amount of $1,327,724.97. Funds are available to cover contingency, if needed. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Cost Proposal worksheet (three lowest bidders) 3. Resolution On December 20, 2005, City Council adopted Resolution No. 2005-256 to establish Underground Utility District No. 24 on 8th Street from National City Boulevard to Highland Avenue for the purposes of replacing overhead wires, structures and poles with an underground system for electric and communications services to benefit public safety, health and welfare. California Public Utility Commission (CPUC) Rule 20A allows for an allocation of utility funds to municipalities for the purpose of undergrounding conversions. In 2011 the City's allocation was $517,959. The City's allocation balance as of March 2011 was $2,625,794. Allocations for 2012 should be available next month. SDG&E is authorized by the CPUC to convert overhead facilities to underground in accordance with Rule 20A. However, Rule 20A also allows municipalities to bid portions of the work, such as trenching, conduit, backfill, substructures, pavement repair, etc. in an effort to better control costs and schedule. Council supported staff's recommendation to bid the project, which included revising SDG&E's schematic design to provide detailed engineering plans and construction documents, in an effort to generate more competitive bidding and reduce the amount of change orders during construction. The 20A conversion of 8th Street between National City Boulevard and Highland Avenue was also combined with the sewer replacement along 8th Street in an effort to solicit more competitive bids. On March 6, 2012 six bids were received and opened for 8th Street Utility Undergrounding and Sewer Replacement Project, Specification 11-04. The lowest responsive bidder was Basile Construction Inc., with a proposed bid amount of $2,386,365.49. The bid opening information sheet and the cost proposal worksheet for the three lowest bidders are attached for your information. Staff checked the provided references and found that Basile Construction Inc. is qualified to perform the work as detailed in the specification. Staff reviewed bid documents and recommends that Council award the contract to Basile Construction Inc. in the not to exceed amount of $2,386,365.49 and authorize a 25% contingency in the amount of $596,591 for any unforeseen changes to the project, of which $264,660 is for dry utility work and $331,931 is for sewer work. The cost of the dry utility work is $1,058,640.52 and the cost of the sewer work is $1,327,724.97. The dry utility costs for the SDG&E portion of the work will be reimbursed with the 20A conversion funds. AT&T & Cox Cable shall pay their cost to the City per conditions of the Joint Trench Agreements. Ultimately, by electing to bid the project as a municipal trench job (rather than allowing SDG&E to bid the job), by preparing detailed plans and specifications, and by combining the utility undergrounding with the sewer replacement as one contract, the City has realized a significant cost savings. Basile Construction's bid is $613,634.51 lower than staff's Engineer's Estimate, while the dry utility portion of the bid is $612,274.48 lower than SDG&E's preliminary engineering estimate. Basile Construction Southland Paving WA Rasic Construction $Df$CRIPTION , ; , _rs UNIfS 41Y UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT , fORARY:F/T/L WORK ._.� ,. � rn �GEyFTI{A�?WORK RY ; t � .;F<. � +� � r , ,� y .,.� ...... , v,., ._ s„,."z?�rok� a ' : �,� _ _. ... 1 Mobilization/Demobilization LS 1 S5,671.00 $5,671.00 $15,400.00 $15,400.00 $150,000.00 $150,000.00 2 SWPPP Implementation LS 1 S5,344.65 $5,344.65 $8,300.00 $8,300.00 $3,500.00 $3,500.00 3 Traffic Control LS 1 S12,759.75 $12,759.75 $14,000.00 S14,000.00 $8,500.00 $8,500.00 4 Remove and Replace Sidewalk Repairs Outside of Construction Limits SF 1000 $1231 $12,310.00 $9.00 $9,000.00 $8.00 $8,000.00 5 Protection and Restoration of Private Improvements LS 1 $16,756.20 S16,756.20 $18,150.00 $18,150.00 $2,500.00 $2,500.00 6(S) Shoring and Bracing LS 1 $4,815.00 $4,815.00 $5,300.00 $5,300.00 $10,000.00 S10,000.00 7 Protection Post Installation per SDARSD WM 04 EA 20 S353.10 $7,062.00 $400.00 $8,000.00 $500.00 $10,000.00 8(S) Construction Staking LS 1 $8,881.00 $8,881.00 $29,700.00 $29,700.00 $16,500.00 $16,500.00 9 Replace Traffic Signal Loop EA 50 $251.45 $12,572.50 $275.00 $13,750.00 $280.00 $14,000.00 10 Replace Signing, Striping and Pavement Markings LS 1 $9,737.00 Total $9,737.00 $8,800.00 Total S8,800.00 $8,000.00 Total $8,000.00 $95,909.10 $130,400.00 $231,000.00 i. 3{ , 45 _„°r�3:"'u,�".v.',N,��.. v✓ zl.�.., ....r ... ...a .,s.',,..>""_t a.sY.,, ,. s.."', f t " p 1 , e P'i f 1 .E�LP.��„,1�tl��QERG�O,,D/NCry�SU�&E�,z�:,�'.t'+.,�.^..*"'.,.n,..�...��'...:?�.'��.,:.x.. Ra-�i�."�v� . �'.,....�r. ...".: ., k•. i::.Ys..v`�'�wxlx�k3:w.�." 11(5) Mainline Joint Trench LF 6,250 $79.18 $494,875.00 $85.60 $535,000.00 $176.00 $1,100,000.00 12(5) Private Property Service Trench LF 930 $28.89 S26,867.70 $30.00 S27,900.00 $44.00 $40,920.00 13(5) Furnish and Install Electric Conduit, 5" LF 1,280 $4.92 $6,297.60 $5.20 S6,656.00 $5.00 $6,400.00 14(5) Furnish and Install Electric Conduit, 4" LF 8,550 $4.01 $34,285.50 $4.30 $36,765.00 $4.00 S34,200.00 15(5) Furnish and Install Electric Conduit, 3" LF 5,420 $2.73 $14,796.60 $2.90 $15,718.00 $3.00 516,260.00 16(5) Furnish and Install Electric Conduit, 2" LF 130 $1.82 $236.60 $2.00 $260.00 $10.00 $1,300.00 17(5) Furnish And Install Electric Handhole Equipment Enclosure 3312 HH EA 6 $251.45 $1,508.70 $268.00 S1,608.00 $898.00 $5,388.00 18(5) Furnish And Install Electric Handhole Equipment Enclosure 3313 HH with Traffic Cover EA 5 $1,578.25 $7,891.25 $1,660.00 $8,300.00 $1,964.00 $9,820.00 19(S) Furnish And Install Electric Handhole Equipment Enclosure 3313 HH with Parkway Cover EA 2 $1,535.45 $3,070.90 $1,610.00 53,220.00 $1,796.00 $3,592.00 20(5) Furnish And Install Electric Handhole Equipment Enclosure 3314 HH with Parkway Cover EA 1 $6,896.15 $6,896.15 $7,255.00 57,255.00 $5,000.00 $5,000.00 21(5) Furnish And Install Electric Handhole Equipment Enclosure 3315 HH with Parkway Cover EA 1 $9,399.95 $9,399.95 $9,900.00 $9,900.00 $7,300.00 $7,300.00 22(5) Furnish and Install Electric Transformer 3427 Concrete Pad EA 1 $2 819.45 $2,819.45 $3,000.00 $3,000.00 $3,800.00 $3,800.00 23(5) Furnish And Install Electric 3316 HH with Traffic Cover EA 3 $11,984.00 $35,952.00 $12,600.00 $37,800.00 $11,600.00 534,800.00 24(S) Furnish and Install Electric Handhole Equipment Enclosure 3309.2 HH EA 14 $770.40 S10,785.60 $808.00 $11,312.00 $750.00 $10,500.00 25(5) Furnish And Install Electric 3316 HH with Parkway Cover EA 1 S12,385.25 $12,385.25 $13,000.00 $13,000.00 $11,500.00 $11,500.00 26(5) Furnish And Install Electric Transformer 3421 Concrete Pad EA 19 $572.45 $10,876.55 $605.00 S11,495.00 $1,100.00 $20,900.00 27(5) Adjust Handhole to Finished Grade EA 6 S802.50 $4,815.00 $840.00 $5,040.00 $550.00 $3,300.00 28(S) Concrete Encasement LF 6,950 $9.10 $63,245.00 59.90 $68,805.00 $8.00 $55,600.00 Total $747,004.80 Total $803,034.00 Total $1,370,580.00 `. COMMUNIcATIONS (AT&T)rUNDERGROUNDING 29(S) Trench for Telco Only LF 775 $62.06 $48,096.50 $65.30 $50,607.50 $71.00 $55,025.00 30(S) Furnish and Install Telephone 2" Conduit LF 980 $1.82 $1,783.60 $1.90 $1,862.00 55.00 $4,900.00 31(S) Furnish and Install Telephone 4" Conduit LF 5,220 $3.42 S 17,852.40 $3.55 $18,531.00 $3.00 $15,660.00 32(S) Furnish and Install Telephone CMPH w/ Ground EA 2 $920.20 $1, 840.40 $970.00 $1,940.00 $600.00 $1,200.00 33(5) Furnish and Install Telephone CPLM12 EA 4 $624.88 $2,499.52 $660.00 $2,640.00 $600.00 $2,400.00 34(5) Furnish and Install Telephone Pullbox 2' x 3' x 3' EA 5 $1,888.55 $9,442.75 $1,985.00 $9,925.00 52,000.00 $10,000.00 35(5) Furnish and Install Telephone Pullbox 3'x5'x4'(w/ drag off cover) EA 1 S3,086.95 $3,086.95 Total S84,602.12 $3,250.00 Total $3,250.00 S88,755.50 $5,500.00 Total $5,500.00 $94,685.00 COMUA/1CATVONS-(COX ) UNDERGRO NDCNG, 36(S) Trench for CATV Only LF 500 $62.06 $31.030.00 $65.30 $32,650.00 $83.00 $41,500.00 37(5) Furnish and Install CATV (1)-3" Conduit LF 980 $2.46 $2,410.80 $2.60 $2,548.00 S5.00 $4,900.00 38(S) Furnish and Install CATV (1)-2" Conduit LF 20,650 $1.66 $34,279.00 $1.70 $35,105.00 $2.00 $41,300.00 39(S) Furnish and Install CATV SGL 17"x30"x12" EA 15 $631.30 S9,469.50 $665.00 S9,975.00 $400.00 $6,000.00 40(5) Furnish and Install CAN DBL 17"x30"x24" EA 9 $732.95 $6,596.55 Total S83,785.85 $775.00 Total $6,975.00 $87,253.00 $500.00 Total $4,500.00 S98,200.00 MUN1CATIO/ S (MEDIA ERGROUA(DING 41(5) Furnish and Install CATV (1)- 3"Conduit LF 60 $2.46 $147.60 S2.60 $156.00 $10.00 $600.00 42(S) Furnish and Install CATV (1)-2" Conduit LF 18,750 $1.66 $31,I25.00 $1.71 S32,062.50 $2.00 $37,500.00 43(5) Furnish and Install CATV SGL 17"x30"x12" EA 15 $631.30 $9,469.50 $865.00 $9,975.00 $400.00 S6,000.00 44(S) Furnish and Install CATV DBL 17"x30"x24" EA 9 $732.95 $6,596.55 $775.00 $6,975.00 $500.00 $4,500.00 Total $47,338.65 Total $49,168.50 Total $48,600.00 t 6EN0*1AlORKFQRSTREET IMPROY/F.INENTS;B : , ` EE,,N,H1GH0*-0 E001A1IC,'S,T, A'ND AiG^"SEWEROR/f ti . '' : sL v ? r`., z y `r 45 Mobilization/Demobilization LS 1 $104,615.89 $104,615.89 $150,000.00 $150,000.00 $100,000.00 S100,000.00 46 Traffic Control 15 1 $14,945.25 Total $14,945.25 $29,000.00 Total $29,000.00 $45,000.00 Total $45,000.00 $119,561.14 $179,000.00 $145,000.00 4 5,^"iKk •i' qk^` i 'r4 n , 1 tau �' v .. _ �, SEWEtEPU1 CENT .. „k _ ,. x, ,n . a. ' `, .. „ .. ; vs ,t .. r" ...-w ; . .5.- � o -art a 47 Shoring and Bracing LS 1 $16,370.07 $16,370.07 $35,000.00 $35,000.00 $50,000.00 $50,000.00 48 Replace 10" PVC Sewer Main (less than 6' depth) LF 202 S138.39 $27,954.78 $154.00 S31,108.00 S190.00 $38,380.00 49 Replace 8" PVC Sewer Main (6'-10' depth) LF 995 S113.76 $113,191.20 $181.00 $180,095.00 S150.00 $149,250.00 50 Replace 10" PVC Sewer Main (6-10' depth) LF 1193 $104.27 $124,394.11 $186.00 $221,898.00 S195.00 S232,635.00 51 Replace 15" PVC Sewer Main (less than 6' depth) LF 330 $140.13 $46,242.90 S162.00 $53,460.00 S265.00 S87,450.00 52 Replace 15" PVC Sewer Main (6-10' depth) LF 464 $111.12 S51,559.68 $206.00 $95,584.00 S225.00 $104,400.00 53 Replace 15" PVC Sewer Main (10-20' depth) LF 240 $170.27 $40,864.80 $483.00 $115,920.00 $533.00 $127,920.00 54 Replace 21" PVC Sewer Main (10-20' depth) LF 67 $545.64 $36,557.88 $516.00 $34,572.00 $1,123.00 $75,241.00 55 Install 6" PVC Sewer Laterals SDARSD 55-01 LF 1750 $112.05 $196,087.50 $62.00 $108,500.00 $50.00 $87,500.00 56 Install Sewer Manhole SDARSO SM-02 (less than 6' depth) EA 3 $9,377.56 $28,132.68 $8,900.00 S26,700.00 $6,200.00 $18,600.00 57 Install Sewer Manhole SDARSD SM-02 (6'-10' depth) with Manhole Cover M-3 EA 9 $9,162.29 $82,460.61 $9,700.00 $87,300.00 $6,500.00 S58,500.00 58 Install Sewer Manhole SDARSD SM-02 (greater than 10' depth) with Manhole Cover M-3 EA 3 $12,381.19 $37,143.57 $20,350.00 $61,050.00 $8,800.00 $26,400.00 59 Install 6" PVC Sewer Lateral Cleanouts SDARSD SC-01 Type B with PVC cap and Connection to Existine Sewer Lateral EA 43 $574.80 $24,716.40 $500.00 $21,500.00 $590.00 $25,370.00 60 Sewer Main Concrete Encasement, SDARSD SP-03 LF 60 $47.56 $2,853.60 590.00 $5,400.00 $75.00 $4,500.00 61 Remove and Replace Cross Gutter SDARSD G 12 SF 200 $12.48 $2,496.00 $28.00 $5,600.00 $50.00 $10,000.00 62 Replace Survey Monument SDARSD M-10 EA 5 $1,248.00 $6,240.00 $935.00 S4,675.00 $680.00 $3,400.00 63 Replace Traffic Loop EA 40 S312.00 $12,480.00 $275.00 $11,000.00 $280.00 S11,200.00 64 Remove, Salvage and Replace In -Pavement In Roadway Lighted Crosswalk at 8`h & E street LS 1 $15,080.00 $15,080.00 $13,200.00 $13,200.00 $6,200.00 $6,200.00 65 Remove, Dispose & Replace Unsuitable Backfill Material TON 500 $28 45 total $14,225.00 $80.00 total $40,000.00 $21.00 total S10,500.00 $879,050.78 S1,152,562.00 S1,127,446.00 .,, �± .�„?�REE�'IMPR"OV-EMENTS'fI,GHSA�t/f4l�ENUETO'XSiRETi, s " r ! ir# r s x ��i`i.i .iSeVknv.wu.. ws.,4✓ ,_ ,,e .... - n 1 r... ..--.- .v.'aiP . .. . ., . x -_ .< -... .-. . 66 Remove and Replace Sidewalk, SDARSD G-7 SF 725 $7.41 $5,372.25 $7.25 $5,256.25 $7.00 $5,075.00 67 Asphalt Concrete Cold Milling SF 9500 $0.48 $4,560.00 $0.76 S7,220.00 $1.70 $16,150.00 68 Asphalt Rubber Hot Mix Overlay TON 800 $171.80 $137,440.00 $140.00 $112,000.00 S145.00 S116,000.00 69 Asphalt Concrete Dig -outs and Replacement TON 750 $165.80 $124,350.00 $140.00 $105,000.00 $130.00 S97,500.00 70 Remove, Disposal & Replace Unsuitable Sub- grade Material TON 100 $78.56 $7,856.00 $61.00 $6,100.00 530.00 $3,000.00 71 Asphalt Roadway Crack Filling SY 6240 $0.89 $5,553.60 51.10 $6,864.00 $1.00 $6,240.00 72 Remove & Replace 6"-8" Curb and Gutter, SDARSD G-2 LF 60 $43.32 $2,599.20 $39.00 $2,340.00 $75.00 $4,500.00 73 Remove & Replace Drive Way, SDARSD G-14 SF 400 $13.68 $5,472.00 $10.00 $4,000.00 $40.00 $15,000.00 74 Remove & Replace Cross Gutter, SDARSD G- 12 SF 200 $13.68 $2,736.00 $28.00 $5,600.00 $30.00 $6,000.00 75 Remove & Replace Pedestrian Ramps (all types as required) EA 10 $2,622.00 $26,220.00 $2,750.00 $27,500.00 $2,700.00 $27,000.00 76 Replace Traffic Loop EA 10 $342.00 $3,420.00 $275.00 $2,750.00 S280.00 $2,800.00 77 Traffic Striping and Marking LS 1 $3,534.00 53,534.00 $13,200.00 $13,200.00 $5,000.00 $5,000.00 Total $329,113.05 Total $297,830.25 Total $305,265.00 TOTAL BASE BID: $2,386,365.49 $2,788,003.25 $3,420,776.00 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO BASILE CONSTRUCTION, INC., IN THE NOT TO EXCEED AMOUNT OF $2,386,365.49 FOR THE 8TH STREET UTILITY UNDERGROUND AND SEWER REPLACEMENT PROJECT, AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $596,591 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on March 6, 2012, did publicly open, examine, and declare sealed bids for the 8th Street Utility Underground and Sewer Project ("Project"); and WHEREAS, Basile Construction, Inc., was the lowest responsive bidder with a bid amount of $2,386,365.49; and WHEREAS, a 25% contingency amount up to $596,591 for any 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 8th Street Utility Underground and Sewer Project to the lowest responsive, responsible bidder, to wit: BASILE 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 $2,386,365.49 with Basile Construction, Inc., for the Street Utility Underground and Sewer Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 25% contingency amount up to $596,591 for unforeseen changes to the Project. PASSED and ADOPTED this 20th day of March, 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: March 20, 2012 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement in the not -to -exceed amount of $55,850 with South Bay Community Services to provide domestic violence response services for the Cal-EMA grant funded Children Exposed to Domestic Violence Specialized Response Program. PREPARED BY: ''Lt. Keith Fifield PHONE: 619-336-4514 EXPLANATION: DEPARTMENT: Police APPROVED BY: On January 24, 2012 the City of National City passed a resolution accepting the Children Exposed to Domestic Violence (CEDV) Specialized Response Program grant award for $175,000 for the 2011-2012 EV11 04 8608 South Bay Community Services (SBCS) has been a grant partner for the past three years and agreed to provide a Counselor funded by the grant. SBCS has provided the Counselor and performed the agreed services since January 2009 by having the Counselor co -located at the National City Police Department working daily with the Police Officer assigned to the CEDV grant. This Agreement extends the City's partnership with SBCS into the fourth full year of the CEDV program. This year (2011-2012) Cal-EMA approved funding of a .5 FTE (full-time equivalent) Counselor for the program. This agreement covers the time period of October 1, 2011 through September 30, 2012 for the not -to -exceed amount of $55,850 to provide funding for the .5 FTE SBCS Counselor. FINANCIAL STATEMENT: ACCOUNT NO. 290-411-629-299-0000' ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 3tandard Agreement Exhibit "A" — EV11 04 8608 (2011-2012) Grant Award, RFA Documents and Budget RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN THE NOT -TO -EXCEED AMOUNT OF $55,850 WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE DOMESTIC OENCE RESPONSE SERVICES FOR THE CAL-EMA GRANT -FUNDED CHILDREN EXPOSED TO DOMESTIC VIOLENCE SPECIALIZED RESPONSE PROGRAM FROM OCTOBER 1, 2011 TO SEPTEMBER 30, 2012 WHEREAS, on January 24, 2012, the City Council adopted Resolution No. 2012- 23, accepting a Children Exposed to Domestic Violence Specialized Response Program grant award for $175,000 each year for two years, for a total of $350,000; and WHEREAS, South Bay Community Services ("SBCS") was an initial grant partner, and has provided a counselor since 2009 to provide domestic violence response services, funded by the grant covering one-half of the counselor's salary; and WHEREAS, the National City Police Department and SBCS desire to enter into an agreement for a term of one year, from October 1, 2011 to September 30, 2012, for the not - to -exceed amount of $55,850 to continue to provide domestic violence response services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement with South Bay Community Services in the not -to -exceed amount of $55,850 to provide domestic violence response services for the Cal-EMA grant -funded Children Exposed to Domestic Violence Specialized Response Program for a term of one year, from October 1, 2011 to September 30, 2012. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTH BAY COMMUNITY SERVICES THIS AGREEMENT is entered into this 15t day of October, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and South Bay Community Services (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide domestic violence response services for the grant funded Children Exposed to Domestic Violence specialized response program. WHEREAS, the CITY has determined that the CONTRACTOR is a well established non-profit community -based social services provider and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A" pages A-12 through A-24 of the grant Project Narrative. This Includes the .5 FTE DV Advocate and operating expenses approved in the line item budget in Exhibit "A" page A-26 (Line 1-27). Exhibt "A" consists of the Children Exposed to Domestic Violence Specialized Response Program EV11 RFA (Application), Budget and the EV11 Award document. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Lieutenant Keith Fifield hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision, and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Don Hunter is thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked, and materials, if any. The total cost for all work described in Exhibit "A" pages A-12 through A-24 shall not exceed $55,850 per the budget given in Exhibit "A" page A-26 (Line 1-27), without prior written authorization from the CITY. This Includes the .5 FTE DV Advocate and operating expenses approved in the line item budget in Exhibit "A" page A-26 (Line 1-27). Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONTRACTOR must expend or encubmer all of their costs during the length of the Agreement, as specified in item 6 of this Agreement or those unexpended costs will be forfeited. The grant requires all funds be expended during the grant period. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CITY or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit " A ". This agreement covers the time period of October 1, 2011 to September 30, 2012, provided that the parties may mutually agree to extend the years Agreement on the same terms and conditions for an additional one year term. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTORfor this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. 2 City's Standard Agreement — June 2008 revision Contemporaneously with the transfer of documents, the CONTRACTOR herebyht assigns to the CITY and CONTRACTOR thereby expressly waives andspedisclaim , anyocoperwog in, and the right to reproduce, all written material, drawings, plans, prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or sub CONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTORwith its subcontractor(s) shall require the sub CONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are in any mariner agents, servants or employees of the CITY, it being understood that the the CITY wholly independent CONTRACTOR, its and asents, servants, and employees are that the CONTRACTOR'S obligationstoo CONTR the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in n the performance of the services to be provided herein, shall comply with all applicable State Federal statutes C t , and whethernowin force or subs, and all sequentlycable denacted. rules The CONTRACTOR,and each of National y, 3 City's Standard Agreement— June 200E revision of its sub CONTRACTORS, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR 'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR 's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of 4 City's Standard Agreement — June 2008 revision such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR , hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR 's negligent performance of this Agreement. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its sub CONTRACTORS, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). 5 City's Standard Agreement — June 2008 revision C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance.,provisions have beencomplied with,_are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the 6 City's Standard Agreement— June 2008 revision dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR . During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR , whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR 's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR . 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 7 City's Standard Agreement — June 2008 revision To CITY: To CONTRACTOR : Keith Fifield (Project Coordinator) Lieutenant Police Department City of National City 1200 National City Boulevard National City, CA 91950-4301 Don Hunter Department Director South Bay Community Services 1124 Bay Boulevard, Suite D Chula Vista, CA. 91911 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such 8 City's Standard Agreement —June 2008 revision date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shalt be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. L. No Inducement. Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the Parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The Parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. M. Severance. If any court of competent jurisdiction declares or determines that any provision in this Agreement is illegal, invalid or unenforceable, the legality, validity, and 9 City's Standard Agreement — June 2008 revision enforceability of the remaining parts, terms and provisions, will not be affected. The provision found illegal, unenforceable, or invalid shall be deemed not a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SOUTH BAY COMMUINITY SERVICES By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia,G. Silva City Attorney ,/ thryn Lem1 Executive irector By: Hunter Department Director 10 City's Standard Agreement — June 2008 revision Lt o CERTIFICATE OF LIABILITY INSURANCE DP ID AW DATE(MMIDDIYYYY) 01/17/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lithe certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Teague Insurance Agency, Inc. License #0525512 4700 Spring St., 4th Floor La Mesa CA 91942 Phone:619-464-6851 Fax:619-464-1901 UUNIACI NAME:PHONE FAX Late, Ext): (A/C, Noy ADDRESS: PRODUCER SOUT-17 INSURER(S)AFFORDING COVERAGE NAIC# INSURED South Bay Community Services Inc. 1124 Bay Blvd. , Suite D Chula Vista CA 91911 rnvc o n r_re ,,,,,r,.-,,.. --.-.., , ....,-_ INSURER A: Zenith Insurance Company INSURERS: American States Ins, Co. INSURER C: General Insurance Co. INSURER D: INSURER E: INSURER F : • THIS INDICATED. CERTIFICATE EXCLUSIONS INSR IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCR BED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE AWLaOBR INSR WVD POLICY NUMBER POLIO1y EI-F (MMIDD/YYYY) POLICY EXP (MMIDDM/YY) LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY I I OCCUR 7/1/92 x 01CI382969 07/08/1107/08/12 EACH OCCURRENCE $ 1,000,000 DAmA PREMISES (Ea occurrence) 51,000,000 X CLAIMS -MADE MED EXP (Any one person) $ 10000 X GEN'L 7 Retro Date PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000 , 000 AGGREGATE LIMIT APPLIES PER' POLICY 1 1 JECT I^ 1 LOC PRODUCTS - COMPIOP AGG $ 3 00O 000 r r $ C AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 24CC28479710 07/08/1107/08/12 COMBINED SINGLE LIMIT (Ea accident) $ 1 ,000 ,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ S B X UMBRELLAUAB EXCESSLIAB _ X OCCUR CLAIMS -MADE X 01XS15986320 07/08/11 07/08/12 EACH OCCURRENCE 5 $4,000,000 AGGREGATE s $4,000,000 D DEDUCTIBLE RETENTION $ 5 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYWO ANYPROPRIETOR/PARTNER/FXECUTIV OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS YIN N /A Z069607105 01/01/12 01/01/13 X S IMITS O1H- ER below EACHLIMITS E.L. ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE 5 1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 C A Professional Liab Sexual Misconduct CM7745148A 01C138296920 07/08/1107/08/12 07/08/1107/08/12 Incident $1,000,000 Aggregate $3,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101 Additional Remarks Schedule, If more space Is required The Certificate Holder is added as Additional Insured for General Liability Coverage but only as their interest may appear with respect to the operations of the Named Insured (re: CDBG Program) its elected officials, officers, agents and employees. C'COTICIlrATC LJrsI ncn ATION City of National City ** c/o City Attorney's Office 1243 National City Blve Natioanl City CA 91915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE AUDITi ONAL FORMS ^'• Liberty Agendy LTnderwrfterxy COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 POLICY NUMBER: 01-CI-382969-2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS,AGENTS AND EMPLOYEES C/0 CITY ATTORNEY'S OFFICE 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or. rented to you. o ISO Properties, Inc., 2004 CG 20 26 07 04 EP AFP•M ETA2-0& PRINT001.2476-0043-P Liberty Agency Underwriters,. 1MitwfQ(U3,fly"awl "n.� COMMERCIAL AUTO CA71100307 THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition is replaced by the following: b. 60,days before the effective .date of cancellation if we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO — PHYSICAL DAMAGE COVERAGE Under paragraph C. — CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 — COVERED AUTOS, the following is added: If Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for: Any "auto" you do. not own while used with the per- mission of its owner as a temporary substitute for a covered "auto" you own that is out of service be- cause of. its breakdown, repair, servicing, "loss" or destruction. BROAD FORM NAMED INSURED SECTION 11 — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity Is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 190 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. (5) BLANKET ADDITIONAL INSURED SECTION IF — LIABILITY COVERAGE A.1. WHO IS AN INSURED provision: is amended by the addition of the. following: e. Any person oro'rganization for whom youare re- quired by an "insured Contrast" to provide insur- ance is an "insured", subject to the following additional provisions: (1) (?) • (3) The "insured contract" must be ih effect during the policy period shown in the Decla- rations, and must have been executed prior to the "bodily injury" or "property'damage". This person or organization is an "insured" only to the extent you are liable due.to your ongoing operations for that insured, 'whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring While a covered" "auto" is being driven by you or one of your em- 'ployees. There is no coverage provided to this person or organization for "bodily injury" to its em- ployees, nor for "property damage" to its property. (4) Coverage for this person or organization shall be limited to the extent of your negli- gence or fault according to the applicable principles of comparative negligence or fault. The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit". Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CA71 10 03 07 Page 1 of 6 EP N C4U.12•PRINT001-0279-003BJ BROOM BROOM (6) The coverage provided wit not exceed the lesser of: (a) The coverage and/or limits of this policy; (7) or (b) The coverage and/or limits required by the "insured contract". A person's or organization's status as an "insured" under this subparagraph d ends when your operations for that "insured" are completed. EMPLOYEE AS INSURED Under Paragraph A. of Section II — LIABILITY COV- ERAGE item f. is added as follows: Your "employee" while using his owned "auto", or an "auto" owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that "auto". This coverage is excess to any other collectible insurance coverage. FELLOW EMPLOYEE COVERAGE Exclusion 5. FELLOW EMPLOYEE of SECTION II — LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the following: However, this exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily injury" or "property damage" on behalf of the persons or organizations added as "insureds" under Section II — LIABILITY COVERAGE — A.1.D. BROAD FORM NAMED INSURED and A.1.e. BLANKET ADDITIONAL INSURED. PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. PERSONAL EFFECTS COVERAGE A. SECTION I11 — PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS, is amended by adding the following: c. Personal Effects Coverage For any Owned "auto" that is involved in a covered "loss", we will pay up to $500 for "personal effects" that are lost or damaged as a result of the covered "loss", without applying a deductible. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: 5. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. NEW VEHICLE REPLACEMENT COST Under Paragraph C- LIMIT OF INSURANCE of Section 11I — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: 2. An adjustment for depreciation and physical con- dition will be made in determining actual cash value in the event of a total loss. However, in the event of a total loss to your "new vehicle" to which this coverage applies, as shown in the declarations, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- cluding any insurance or warranties pur- chased; b. The purchase price, as negotiated by us, of a new vehicle of the same make, model and equipment, not including any furnishings, parts or equipment not installed by the manufacturer or manufacturer's dealership. If the same model is not available pay the purchase price of the most similar model available; Page 2 of 6 C41342•F 5 NTC01-0279-0039J c. The market value of your damaged vehicle, not including any furnishings, parts or equip- ment net installed by the manufacturer or manufacturer's dealership. This coverage applies• only .to a covered "auto" of the private passenger,' light truck or medium truck type (20,000 Ibs :or less.. gross vehicle weight) and does not apply to initiation or set up costs associated with leans or leases. TWO OR MORE DEDUCTIBLES Under SECTION III — PHYSICAL DAMAGE COV- ERAGE, if two or more "company" policies or cover- age forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deduct- ible is the smaller (or smallest) deduct- ible it will be waived; or b. If the applicable Business Auto deduct- ible is not the smaller (or smallest) de- ductible it will be reduced by the amount of the smaller (or smallest) deductible; Or c. If the loss involves two or more Busi- . ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement "company" means: a. Safeco Insurance. Company of America b. American .States Insurance Company c, General Insurance • Company. of America • d. AmericanEconomy Insurance Company e. First National Insurance Company of America f. American States ` nstitance Company of Texas g. American States Preferred Insurance Company' h. Safeco Insurance Company of Illinois LOAN/LEASE GAP COVERAGE Under paragraph .0 — LIMIT •OF INSURANCE of. SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: 4. The most we will pay for a total "toss" in any one "accident" is the greater of the following, subject to a $1,500 maximum limit: a. Actual cash value of the damaged or stolen property as of the time of the "l-oss", less an adjustment for depreciation and. physical condition; or b.: Balance due under :the terms of the loan or lease that the...damaged. covered "auto" is subject to at the time of the "loss", less any one or all 'Of the:following adjustments: (1) Overdue payment and financial penalties associated with those payments as of the date of the "loss". (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease.: {4) Transfer or •rollover :balances from previous loans or leases. Final payment due under a 'Balloon Loan". (6) The dollar amount of any un-repaired damage that occurred prior to the "total loss" of a covered "auto". Security deposits not refunded by a lessor, (8) All refunds payable or paid to you as a result of the early termination of a lease agreement or any :war- ranty or extended service agree- ment on a covered • "auto". (3) (5) (7) (9). (10) Loan or lease termination fees GLASS REPAIR — WAVIER OF DEDUCTIBLE• Any amount representing taxes. Under paragraph D. DEDUCTIBLE of SECTION III — PHYSICAL DAMAGE COVERAGE; the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITION 2.a. — DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an CA 71 10 03 07 Page 3 oft EP C-I D-12-PRINT001-0279-004DJ MEM 1111.1.0,011 "o" "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITIONS — B.2. is amended by the addition of the following: If you unintentionally fait to disclose any hazards ex- isting at the inception date of your policy, we will riot deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. HIRED AUTO — LIMITED WORLD WIDE COVER- AGE Under Section IV — Business Conditions, Paragraph B.7.b.e(1) is replaced by the following: (1) The "accident" or "loss" results from the use of an "auto" hired for 30 days or less. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. is replaced by the following: "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including mental anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow. The most we will pay for loss to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Auto Phy- sical Damage coverage is excess over any other col- lectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. HIRED AUTO PHYSICAL DAMAGE COVERAGE — LOSS OF USE SECTION I11 — PHYSICAL DAMAGE A.4.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired "auto" if it results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered "loss" to a covered "auto". Payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days Wadded to the number of'days it takes to locate the covered "auto" and return It to you. 2. 30 days. C. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 per day. D. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. E. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. F. The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on Page 4 of 6 C-I D •12 -P RI N T DD 1-027--0D 41 J Rental Reimbursement Coverage Form the manufacturer for the installation' of a CA 99 23. radio. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that iis not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time .of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". 2. We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described in paragraph A.1. above. However, this does not include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual . and Data _ Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used With such 'electronic equipment that is:. 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the 'reproductiien of sound if the sound' reproducing equipment is permanently installed in the covered "auto"; and b. permanently installed in the opening of the dash or console normally used by C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and, any accessories used with this equipment':as.a result of any one "accident" is the lesser of a. The actual cash value of thedamaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other. property of like kind and quality. c. $1,000. 2. An adjustment for depreciation and physical condition will be made in. determining :actual cash value at the time of the "loss 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 1. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Forms Comprehensive or ;Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be;re- duced by the applicable deductible shown in the Declarations. Any Comprehensive _Cov-, erage deductible shown in the Declarations does,npt,..apply to loss" ,to audio;,visual-or data electronic equipment caused by fire or lightning. 2. If "loss" to the audio; visualor data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered. "auto" our obligation to pay for, repair, CA 71 10 03 07 Page 6 of fi. EP GI0-12-PP INT001-0279-0042,1 ROZA NISZVZSIN return or replace damaged or stolen property will be reduced by a $100 deductible. 4. In the event that there is more than one ap- plicable deductible, only the highest deduct- ible will apply. In no event will more than one deductible apply. SECTION V - DEFINITIONS is amended by adding the following: O. "Personal effects" means your tangible property that is worn or carried by you, ex- cept for tools, jewelry, money, or securities. R. "New vehicle" means any "auto" of which you are the original owner and the "auto" has not been previously titled and is less than 365. days past the purchase date. Page 6 of 6 C-I o-12-PR INTOCF1 m79-004s,J TheZernia WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY• WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers compensation premium otherwise due on such remuneration. Minimum Premium: $0 Schedule Person or Organization CITY OF NATIONAL CITY C/O CITY ATTORNEY OFFICE 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 RE: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 01/01/12 Insured SOUTH BAY COMMUNJTY SERVICES Policy No. Z069607105 Policy Period 01/01/12 To 01/01/13 Issued On 01/20/12 WC-04-03-06B (Ed. 10-07) At San Diego, CA AGENT COPY ZENITH INSURANCE COMPANY PRESIDENT PRESIDENT Endorsement No. 14 Z069607105 1 of 3 EDMUND G. BROWN JR GOVERNOR November 28, 2011 Keith Fifield, Lieutenant National City, City of 1200 National City Boulevard National City, CA 91950 Cal E. CALIFORNIA EMERGENCY MANAGEMENT AGENCY Subject: NOTIFICATION OF APPLICATION APPROVAL Children Exposed to Domestic Violence Response Program Award #: EV 11 04 8608, Cal EMA ID: 073-50398 Dear Lt. Fifield: MIKE DAYTON ACTING SECRETARY Congratulations! The California Emergency Management Agency (Cal EMA) has approved your application in the amount of $175,000, subject to Budget approval. A copy of your approved subgrant is enclosed for your records. Cal EMA will make every effort to process payment requests within 60 days of receipt. This subgrant is subject to the Cal EMA Recipient Handbook. You are encouraged to read and familiarize yourself with the Cal EMA Recipient Handbook, which can be viewed on Ca1 EMA's website at www.calema.ca.gov. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a close-out or audit, must be refunded to the State within 30 days upon receipt of an invoice from Ca1 EMA. Should you have questions on your subgrant, please contact your Program Specialist. PSVS Grant Processing Enclosure c: Recipient's file 3650 SCHRIEVER AVENUE . MATHER, CALIFORNIA 95655 PUBLIC SAFETY AND VICTIM SERVICES PROGRAMS DIVISION TELEPHONE: (916) 324-9200 • FAX: (916) 324-8554 EDMUND G. BROWN JR GOVERNOR MIKE DAYTON ACTING SECRETARY 3650 SCHRIEVER AVENUE MATHER, CA 95655 PHONE (916) 323-1569 FAX (916) 327-5674 CALIFORNIA EMERGENCY MANAGEMENT AGENCY Application Cover Sheet RFA PROCESS ChiLDREN EXNUSED TO DOMESTIC VIOLENCE SPECIALIZED RESPONSE PROGRAM Submitted by: Lt. Keith Fifield National City Police Department City of National City 1200 National City Blvd. National City, CA 919150 619-336-4514 A (Cal EMA Use Only) J(/ Cal EMA# J�� t FIPS# /ty1 CFDA# Grant g 17) N10-(0Or CALIFORNIA EMERGENCY MANAGEMENT AGENCY GRANT AWARD FACE SHEET (Cal EMA 2-101) 1 I 1 /AUG 2Dfl I1 1 he California Emergency Management Agency, hereafter designated Cal EMA, hereby makes a Grant Awaidb funds to the following: L 1. Grant Recipient: City of National City ['� in the amount and for the purpose and duration set forth in this Grant Award. 2. Implementing Agency: National Cily Police Department 1F3 r n tt ti 1 2a. Congressional District: 44th 2b. State Senate District#: 40th 2c. State Assembly Districtti 80th 2d. Location of Project: City of National City 2e. Congressional Distric�s) 44th 3. Disaster/Program Title Children Exposed to Domestic Violence SRP 4. Performance Period .8 t/1/2011 to 09/30/2012 Grant Year ToMatch Fund Source A. State B. Federal C. Total D. Cash E. In -Kind Match F. Total Match G. Total Project Cost 2014 5. CJAQJ 175,000 $0 $175,000 Select Select 6 Select $0 $0 7 Select 8. Select $0 so Select $0 $0 Select 9 Select $0 $0 to TOTALS $0 $175,000 $175,000 $0 $0 50 1 oc. Total Project Cost. $175,000 11. This Grant Award consists of this ftle page, the application for the grant, which is attached and made a part hereof, and the Assurances/Certifications which are being submitted. I hereby certify I am vested with the authority to enter into this Grant Award Agreement, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or Approving Body. The Grant Recipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Award. The Grant Recipient signifies acceptance of this Grant Award and agrees to administer the grant project in accordance with the Grant Award as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal EMA policy and program guidance. The Grant Recipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget. 12. Federal DUNS Number 072494073 13. Federal Employer ID Number 956000749 14. Official Authorized to Sign for ApplicantlGrant Recipient: Name: Keith Fifield Telephone: (619) 336-4514 (area code) Payment Mailing Addr s Signature Title: FAX: j (619) 336-4525 , f rea code) 12,4/3 Natioper `fy Blvd. City: Lieutenant Email: kfifield@nationalcityca.gov National City Date: 07/09/2011 Zip + 4 91950-4302 x v. --..-> 3xr "+v v i y.a 4 mkjfi °"- ry -t s„ r_ r �x 9 r a, r- a - .sxt x.a_ a r a t lei.-t,� ce.�iF-- 1'! 'fi" '�t '�G��ft3t�,-��a1 �Na�USt=OriC�i r�5 $R ac �rrl �.t�il s " e 'u+ `� 42 1 `a�"","k r I here 'ertify upon m own personal knowledge that budgeted funds are available for the period and purposes of this expenditure st ted above. a,, ,c -' � t,J-eU t / Z1 \ t ///Z .04/ Cal EMA Fiscal Officer p@ Date Cal EMA Secre ry(or designee) Date Yr / Chapter: 2011-12 / 33 PCA No: 18221 Item: 0690-102-0890 Fed Cat. 6 :93 643 Component 40.20.902 Program:Children Exposed to Domestic Violence Specialized Response Program Fund: Federal Trust Match Req.: Done / Z5 /7�G1 Project No.: 11 CIAO Amount: $ I/ Grant'± and Face Sheet — Cal EMA 2-101 (Revised 01/11) (Cal EMA Use Only) Cal EMA # FIPS# CFDA# Grant 4 CALIFORNIA EMERGENCY MANAGEMENT AGENCY GRANT AWARD FACE SHEET (Cal EMA 2-101) The California Emergency Management Agency, hereafter designated Cal EMA, hereby makes a Grani Award of funds to the following: 1. Grant Recipient: City of National City in the amount and for the purpose and duration set forth in this Grant Award. 2. Implementing Agency: National City Police Department 2b. State Senate District#: 40th 2d. Location of Project: City of National City 2a. Congressional District: 44th 2c. State Assembly District#: SOth 2e. Congressional District(s): 3. Disaster/Program Title 44th Children Exposed to Domestic Violence SRP 4. Performance Period 01/10/2011 to 09/30/2012 Grant Year Fund Source A. State B. Federal C. Total D. Cash Match E. In -Kind Match F. Total Match G. Total Project Cost 2012 5. CJA1 175,000, 4 $0 $175,000 Select 6. Select $0 $0 Select 7- Select``' $0 $0 Select 8. Select ` to �Y; .n, $0 $0 Select 9 Select $0 $0 10. TOTALS $0 S175,000 $175,000 $0 $0 $0 toc. Total Project Cost: 5175,000 11. This Grant Award consists of this title page, the application for the grant, which is attached and made a part hereof, and the Assurances/Certifications which are being submitted. I hereby certify I am vested with the authority to enter into this Grant Award Agreement, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or Approving Body. The Grant Recipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Award. The Grant Recipient signifies acceptance of this Grant Award and agrees to administer the grant project in accordance with the Grant Award as well as all applicable state and federal laws, audiit:.requdrements, federalprogram guidelines, and Cal EMA policy and program guidance. The Grant Recipient further agrees that the allocation of hinds may be contingent on the enactment of the State Budget. 12. Federal DUNS Number 072494073 13. Federal Ernployer ID Number 956000749 14. Official Authorized to Sign for Applicant/Grant Recipient: Name: Keith Fifield Telephone: (619) 336-4514 (area code) Payment Mailing Adds Signature I ide Lieutenant FAX: /(019) 336-4525 Email: kfifield@nationalcityca.gov fi5rea code) Nati9j at Wd. City: National City Zip 4: 91950-4302 Date: 07/09/2011 I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above. Cal EMA Fiscal Officer Date Cat EMA Secretary(or designee) Date Grant Award Face Sheet — Cal EMA 2-101 (Revised 01/11) PROJECT CONTACT INFORMATION Recipient City of National City Grant Number [FOR CALEMA USE ONLY] Provide the name, title, address, telephone number, and e-mail address for the project contacts named below_ NOTE: If you use a PO Box address, a street address is also required for package delivery and site visit purposes. 1. The Project Director for the project: Name: Keith Fifield Tite: Lieutenant Telephone #: 619-336-4514 Fax#: 619-336-4525 Email Address: kfifield@nationalcityca.gov Address/City/Zip 1200 National City Blvd. National City, CA 91950 2. The Financial Officer for the project: Name: Arnold Ocana Title: Accountant Telephone #: 619-336 4342 Fax#: 619 336 4349 Email Address: aocana@nationalcityca.gov A d urEaS Cl:ylt.p: 1243 National City Blvd. National City, CA 91950 3. The person having Routine Programmatic responsibility for the project: Name Jim White Title: Corporal Telephone #: 619-336-4424 Fax#: 619-336-4525 Address/City/Zip: 1200 National City Blvd. National City CA 91950 Ema 4. The person having Routine Fiscal Responsibility for the project: Name. Ronni Zengota t Address: jwhite@nationalcityca.gov Title: Operations Assistant Telephone # 619-336-4516 Fax#: 619-3364525 Email Address: rzengota@nationalcityca.gov Address/City/Zip: 1200 Natioinal City. Blvd. National City, CA 91950 5. The Executive Director of a nonprofit organization or the Chief Executive Officer (i.e. chief of police, superintendent of schools) of the implementing agency: Nama: Adolfo Gonzales -rite: Chief of Police Telephone #: 619-336-4432 Fax#: 619-336-4525 Email Address: agonzates@nationalcityca.gov Address/City/Zip: 1200 National City Blvd. National City, CA 91950 6. The Official Designated by the Governing Board to enter into the Grant Award Agreement for the city/county or Community -Based Organization, as stated in Block 14 of the Grant Award Face Sheet: Name: Keith Fifield Title: Lieutenant Telephone #: 619-3364514 Fax#: 619-336-4525 Address/City/Zip. 1200 National City Blvd. National City, CA 91950 7. The chair of the Governing Body of the recipient: Email Address: Name: Chris Zapata Title: City Manager Telephone #: 619-336-4240 Fax#: 619-336-4240 Address/City/Zip: 1243 National City Blvd. National City, CA 91950 Project Contact Information Cal EMA 2-102 (Revised 1/2011) kfifield@nationalcityca.gov Email Address czapata@nationalcityca.gov S SIGNATURE AUTHORIZATION Grant Recipient City of National City Implementing Agency: Grant Award #: National City Police Department *The Project Director and Financial Officer are REQUIRED to sign this form. *Project Director: Keith Fifleld Signature: Date: Jul 16,2011 *Financial Officer, Arnold Ocana Signature: Date: i 174, 1 L The following persons are authorized to sign for the The following persons are authorized to signfor the Project Director 7,7 Sigure Manuel Rodriguez n Jim White Name Signature Name Financial Officer Si ' nature Ronni Zengota Name Signature Name Signature Name Signature Signature Name Name Signature Signature Name Name Signature Authorization CaIEMA 2-103 (Rev. 211/2009) CERTIFICATION OF ASSURANCE OF COMPLIANCE Children's Justice Act Grant Programs The applicant must complete a Certification of Assurance of Compliance-CJA (Ca! EMA 2-104c), which includes details regarding Federal Grant Funds, Equal Employment Opportunity Program (EEOP), Drug Free Workplace Compliance, California Environmental Quality Act, Lobbying, Debarment and Suspension requirements, Proof of Authority from City Council/Governing Board, and the special conditions for grand awards with Children's Justice Act Fund. The applicant is required to submit the necessary assurances and documentation before finalization of the Grant Award Agreement. In signing the Grant Award Face Sheet, the applicant formally notifies Cal EMA that the applicant will comply with all pertinent requirements. Resolutions are no longer required as submission documents. Cal EMA has incorporated the resolution into the Certification of Assurance of Compliance, Section VI, entitled, "Proof of Authority from City Council/Governing Board." The Applicant is required to obtain written authorization (original signature) from the City Council/Governing board that the official executing the agreement is, in fact, authorized to do so, and will maintain said written authorization on file and readily available upon demand. This requirement does not apply to state agencies_ Certification of Assurance of Compliance — CJA Cal EMA 2-104c (Revised 1/2011) fr CERTIFICATION OF ASSURANCE OF COMPLIANCE Children's Justice Act Grant Programs 1, Lt. Keith Fifield hereby certify that (official authorized to sign grant award, same person as Section 14 on Grant Award Face Sheet) RECIPIENT: City of National City IMPLEMENTING AGENCY: PROJECT TITLE: National City Police Department Children Exposed to Domestic Violence (CEDV) Special Response Program is responsible for reviewing the Grant Recipient Handbook and adhering to all of the Grant Award Agreement requirements (state and/or federal) as directed by Cal EMA including, but not limited to, the 'following areas: Federal Grant Funds Recipients expending $500,000 or more in federal grant funds annually are required to secure an audit pursuant to OMB Circular A-133 and are allowed to utilize federal grant funds to budget for the audit costs. See Section 8000 of the Recipient Handbook for more detail. ❑✓ The above named recipient receives $500,000 or more in federal grant funds annually. The above named recipient does not receive $500,000 or more in federal grant funds annually. II. Equal Employment Opportunity — (Recipient Handbook Section 2151) It is the public policy of the State of California to promote equal employment opportunity by prohibiting discrimination or harassment in employment because of race, religious creed, color, national origin, ancestry, disability (mental and physical) including HIV and AIDS, medical condition (cancer and genetic characteristics), marital status, sex, sexual orientation, denial of family medical care leave, denial of pregnancy disability leave, or age (over 40). Cal EMA funded projects certify that they will comply with all state and federal requirements regarding equal employment opportunity, nondiscrimination and civil rights. Please provide the following information: Equal Employment Opportunity Officer: Title: Address: Phone: Email: Human Resources Director Macey �levetiun 140 E. 12th St. Suite B, National City, CA 919150 619-336-4308 sslevenson@nationalcityca.gov Certification of Assurance of Compliance — CJA Cal EMA 2-104c (Revised 112011) 2 III. Drug -Free Workplace Act of 1990 — (Recipient Handbook, Section 2152) The State of California requires that every person or organization awarded a grant or contract shall certify it will provide a drug -free workplace. IV. California Environmental Quality Act (CEQA) — (Recipient Handbook, Section 2153) The California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000 et seq.) requires all Cal EMA funded projects to certify compliance with CEQA Projects receiving funding must coordinate with their city or county planning agency to ensure that the project is compliance with CEQA requirements. V. Lobbying — (2006 Recipient Handbook Section 2154) Cal EMA grant funds, grant property, or grant funded positions shall not be used for any lobbying activities, incl. not ♦e to, beingpaid byeh if of the nd r -1 to any person forinfluencing i, winding, but limited or on be -half iai the undersigned, c� ignc:: Jr attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. VI. Debarment and Suspension — (Recipient Handbook Section 2155) (This applies to federally funded grants only.) Cal EMA-funded projects must certify that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department of agency. VII. Proof of Authority from City Council/Governing Board The above -named organization (applicant) accepts responsibility for and will comply with the requirement to obtain written authorization from the city councii/governing board in support of this program. The applicant agrees to provide all matching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of Cal EMA, and that any cash match will be appropriated as required. It is agreed that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and Cal EMA disclaim responsibility of any such liability. Furthermore, it is also agreed that grant funds received from Cal EMA shall not be used to supplant expenditures controlled by the city council/governing board. The applicant is required to obtain written authorization from the city council/governing board that the official executing this agreement is, in fact, authorized to do so. The applicant is also required to maintain said written authorization on file and readily available upon demand. Certification of Assurance of Compliance — CJA Cal EMA 2-104c (Revised 1/2011) 3 VI I I. Special Conditions for Grand Awards with Children's Justice Act Fund Federal grant funds shall not be used to support inherently religious activities such as religious instruction, worship, or proselytization. Therefore, organizations must take steps to separate, in time or location, their inherently religious activities from the services funded under this program. Regulations pertaining to the prohibition of Federal funds for inherently religious activities can be found on the HHS website at: http://www.os.dhhs.gov/fbci/waisqate21.pdt. Federal grant funds provided under this award may not be used by the recipient to support lobbying activities in influence proposed or pending Federal or State legislation or appropriations. This prohibition is related to the use of Federal grant funds and is not intended to affect an individual's right or that of any organization, to petition Congress or any other level of Government, through the use of other resources. (See 45 CFR Part 93.) In accordance with Public Law 103-333, the "Department of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act of 1995," the following provisions are applicable to this grant award: Section 507: "Purchase of American -Made Equipment and Products — It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American -made." In accordance with Part C of Public Law 103-227, the "Pro -Children Act of 1994," smoking may not be permitted in any portion of any indoor facility owned or regularly used for the provision of health, day are, education, or library services to children under the age of 18, if the services are funded by Federal programs wither directly or through State or local governments. Federal programs include grants, cooperative agreements, loans and loan guarantees, and contracts. The law does not apply to children's services provided in private residences, facilities funded soleiy by Medicare or Medicaid funds, and portions or facilities and used for inpatient drug and alcohol treatment Certification of Assurance of Compliance — CJA Cal EMA 2-104c (Revised 1/2011) 4 All appropriate documentation must be maintained on file by the project and available for Cal EMA or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Recipient may be ineligible for award of any future grants if the Cal EMA determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. CERTIFICATION I, the official named below, am the same individual authorized to sign the Grant Award Agreement [Section 14 on Grant Award Face Sheet], and hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State o>California. Authorized Official's Signature: Authorized Official's Typed Name: Keith Fifield Authorized Official's Title: Date Executed: July 9, 2011 Lieutenant Federal Employer ID #: 956000749 Federal DUNS # Current Central Contractor Registration Expiration Date: Executed in the City/County of: 072494073 City of National City / County of San Diego AUTHORIZED BY: (not applicable to State agencies) ❑✓ City Financial Officer City Manager Governing Board Chair Signature: Typed Name Title: ❑ County Financial Officer ❑ County Manager Chris Zapata City Manager, City of National City Certification of Assurance of Compliance - CJA Cal EMA 2-104c (Revised 1/2011) 5 Applicant: National City Police Dept. Grant Number: Project Narrative Problem Statement (11 Pages): The program will take place in National City, located in the southwestern portion of San Diego County with a population of 63,537 (59% Hispanic, 17% Asian & PI, 15% White, 6% African -American, and 3% Other). Situated less than 10 miles from the Mexican border, the city is home to many first -generation immigrant families with limited resources and a minimal command of English, making it difficult to find secure employment and access community resources. The City's average household size is 3.46 (the county's highest), and 27% of the population is aged 18 or less_ In 1992, the city was listed as California's third poorest city in per capita income and the thirteenth poorest in the nation. The average salary for jobs in National City is $21,244, and the median household income is $29,826. The city's unemployment rate is 10.7% (up from 7.8% in 2004). In 2006, National City's violent crime rate of 8.25 per 1,000 population was the county's highest, and represents a 15% increase from the previous year. National City's domestic violence rate of 23 per 1,000 households is the third highest in the county, after Oceanside and Chula Vista (SANDAL, 2008). National City Police Department (NCPD), South Bay Community Services (SBCS), and the County of San Diego Child Welfare Services (CWS) have worked collaboratively on the Domestic Violence Response Team (DVRT) since 1999_ SBCS' DVRT Advocate, co -located at the Police Department, provides immediate on -site advocacy during 911 calls for domestic violence on a 24/7 basis (on scene with an Officer within 1 hour). On -site services include crisis intervention, safety planning, and a needs assessment for the adult victim and any children present. if needed, the Advocate will refer the victims to other appropriate services that have been identified as necessary during the assessment, such as shelter and counseling. If the victim needs shelter immediately, the Advocate assists in the arrangements. CWS is called if a child has been abused or neglected. Follow-up home visit the next day include intensive Project Narrative — CaIEMA 2-108 (Revised 2/1/2009) 4 Applicant National City Police Dept. Grant Number assessments to identify any needs for services, such as: Comprehensive client centered, bilingual, culturally appropriate case assessment and coordination, short-term confidential shelter and long-term transitional housing (up to 18 months), trauma - informed individual and group counseling; emergency food, clothing, and transportation, TRO assistance and court accompaniment; therapeutic preschool; and rental assistance. In 07-08, the DVRT Advocate provided immediate crisis response to 27 DV calls, and provided non -emergency intervention in an additional 14 cases. These numbers are low, given that NCPD responded to 202 calls for domestic violence in 2007, and has responded to 252 calls since March 2008 (a 25% increase in domestic violence calls so far this year). NCPD and SBCS intend to increase the number of DVRT calls to 100, of which approximately 66 will involve children (two-thirds of cases). NCPD has 92 officers, 1/3 of these hired during the last few years. Most of the new officers have not yet been trained to utilize the DVRT Advocate when responding to DV calls, and NCPD and SBCS are currently implementing strategies, such as additional roll call trainings, to improve the DVRT call rate. However, given the high number of calls that involve children, the existing DVRT staff cannot adequately address the needs of all of the children. In addition. many of these families have contact with multiple services, such as the region's School Resource Officers (SROs) and our school/community-based Juvenile Diversion program and Community Assessment Team, as well as the DVRT. This contact is not always effectively coordinated, so that families may be interacting with more than one case manager or even receiving duplicated services. The proposed Children Exposed to Domestic Violence Specialized Response Program (CEDV-SRP) will address these programmatic weaknesses. SBCS is strongly committed to breaking the intergenerational cycle of violence, and has extensive experience addressing the special needs of children traumatized by domestic violence and re-establishing positive parenting relationships between these Project Narrative — CaIEMA 2-108 (Revised 2/1/2009) 2 Applicant: National City Police Dept Grant Number: children and their non -offending parent whenever possible. The CEDV-SRP will enhance families' access to SBCS' range of age -appropriate therapeutic: developmental, and educational activities for children exposed to DV, including shelter, group & individual counseling, therapeutic preschool, and a range of family supports. 2. Plan and Implementation ( 2 pages): The CEDV-SRP will be a new component of the DVRT. The DVRT will be expanded to include an additional DV Advocate and Police Officer who will join the DVRT to address the immediate and longer -term needs of any child who has been exposed to DV. Required qualifications are (all require a clean driving license and background clearance for working with minors.): ® Law Enforcement Officer. Graduation from high school or possession of 12th grade G.E.D. certificate, and completion of Basic Police Academy. DV Advocate' Minimum one year experience in child, youth, and family services field, preferably in a community based or neighborhood service organization. Experience in the areas of individual, group, and family counseling, outreach, community education and development, advocacy, and case management. Ability to work with a diverse cultural population. B.A. or B.S. degree, (M.A. or M.S.W. preferred) in social work, psychology, or related field, experience may be substituted. 40 Hour DV training. Bilingual preferred. The DV Advocate and Police Officer are co -located at the National City Police Department and communicate daily in person, by email and telephone. I addition they attend regular meetings and training together. CWS does not want to commit a worker to the program and did not want receive grant funds. As part of an informal collaboration between Child Welfare Services and NCPD, a social worker has been stationed here Project Narrative — CaIEMA 2-108 (Revised 2/112009) 3 Applicant. National City Police Dept. Grant Number one day per week. Her name is Jenni Olson and her desk is located in the Community Services office. She will be here Wednesdays from approximately 0830 to 1200 hours. Although Jenni will only be at N!CPD a few hours each week, she wants you to know that she is available by telephone Monday through Friday until about 1730 hours. She can be reached at her cell phone [(619) 419-6038] or her CWS desk [(619) 336-5863]. If we need to contact a social worker from CWS to evaluate a situation after hours or on the weekend then we must use the Child Abuse Hotline at (800) 344-8000. Jenni is offering to assist us in our investigations in several ways: e Making child abuse reports to the Child Abuse Hotline. If you are on a call that may involve removing children from the home you can call Jenni. She will either respond to the scene to assist or get another worker to respond. re She can search the CWS database to assist Detectives/Officers in determining who resides at a particular address as well as obtaining other pertinent information about the family living there. • She will soon have access to the County's Cal -Win program (welfare, food stamps, Medi-Cal) and can provide you with information that may help in your investigations. • She can assist Detectives/Officers in obtaining reports from CWS. Objectives and Activities (7 Pages): 1. Ensure the CEDV-SRP team receives specialized DV training in their own discipline. During Advanced Officer Training every two years, officers are trained to complete DV criminal investigations, including interviewing, photographing, and collecting evidence. Project Narrative - CalEMA 2-103 (Revised 2/1/2009) 4 Applicant: National City Police Dept. Grant Number: All SBCS staff are required to attend at least 24 hours of training per year that is appropriate and specific to their client caseload and are critical for working with children, youth, and families in a community setting, including Child Abuse Reporting, Cultural Competency and Sensitivity, Trauma -informed Approach, and Confidentiality. DVRT Advocates must meet the definition of DV Counselor as defined in the California Evidence Code, Section 1037.1(a). Training for any new hires is scheduled within 30 days of their hiring. SBCS is committed to creating a violence free environment for all women, men, children, and families and has developed a strong training curriculum that offers the knowledge and skills to provide culturally sensitive counseling, referrals, and advocacy for the survivors of DV and their children. CWS Social Workers receive 6 weeks of initial training covering a variety of topics when they are first hired, as well as ongoing training on a variety of topics including DV. The county has a DV protocol that all social workers are trained to follow_ In addition to the CEDV Officer, National City PD is sending several personnel to training, including police officers, detectives and the SBCS Advocates over the course of this project that are involved directly with CEDV programs and training and i or DV response and investigations. Cal EMA staff during earlier EV projects encouraged our project personnel to attend as much training and conferences as possible related to the ptogram_.ofChildren Exposed to DV, and to train others involved in the DV process, so it has been a priority. 2. Ensure the CEDV-SRP team are cross -trained on the identification of each discipline's roles and procedures related to children exposed to domestic violence, and each discipline's limitations in responding to children exposed to domestic violence. All CEDV-SRP staff (Police Officers, Social Workers, and DV Advocates), including regular and on -call staff and day and night workers, will participate quarterly cross training, including roll call training for all Police Officers, that will supplement the cross- trainings already provided by the DVRT. Topics will include the effects of witnessing DV, Project Narrative — CaIEMA 2-108 (Revised 2/1/2009) 5 Applicant National City Police Dept. Grant Number: signs of child abuse and neglect, and guidelines for child witness interviews, as well as each discipline's roles and procedures related to children exposed to DV, and each discipline's limitations in responding to these children_ 3. Develop a CEDV-SRP protocol specific to the law enforcement agency on the team. San Diego County has developed a countywide protocol for law enforcement response to DV. In 2007, a multi -agency committee revised and updated the protocol to reflect changes in the law and specifically address the protection of children exposed to DV. The protocol includes the following policy statements: "Children Exposed to DV should be considered as separate victims in DV incidents"; and, "Training will be provided regularly to enhance law enforcement's response to DV and children exposed to DV". It includes a section on Children exposed to DV with guidelines for child witness interviews. The MDT will review the DVRT protocol to incorporate additional child - focused items, based on the Attorney General's CEDV protocol. 4. Develop a comprehensive computerized database for the purpose of data collection and information sharing. The DVRT already maintains a comprehensive computerized database for the purpose of data collection and information sharing which documents all of the information required in the RFP. NCPD will be creating and implement a Law Enforcement Database using Mircrosoft Access and hardware purchased with 2009 CEDV-SRP funds. 5. A child protective services professional will attempt to provide immediate on - site response to domestic violence calls where children are present in the targeted service area. The Child Abuse Hotline will assess all hotline reports for an appropriate response time, and Immediate Response Service (IRS) referrals will be assigned for response within 24 hours. CWS South Region will evaluate the IRS and non -IRS referrals for immediate on -site response to DV calls where children are present. The Social Worker will investigate child abuse and neglect allegations by interviewing and counseling parents, children, and adolescents, analyzing information and data collected, determining degree Project Narrative — CaIEMA 2-108 (Revised 2/1/2009) 6 Applicant. National CityPolice Dept. Grant Number. of danger and risk of future abuse and neglect, determining if removal of the child frorn the home is necessary, and conducting time sensitive investigations per court order or in compliance with State of California law. If the CWS Social Worker determines that a child needs to be removed from his/her home, they will arrange for an appropriate placement and refer family members to appropriate services. 6. A domestic violence advocate will attempt to provide immediate on -site response to domestic violence calls where children are present in the targeted service area. DV Advocates stationed at the NCPD will provide immediate on -site advocacy, and will be di scene with an Officer within A hour (usually within 20 minutes). DV Advocates conduct crisis intervention, safety planning, and assessment. If needed, the DV Advocate will refer the adult victim and/or child to other appropriate services as icentified during the assessment, such as shelter or counseling If shelter is needed immediately, the DV Advocate will assist in the arrangements. In cases in which DV Advocates are not called to the scene, NCPD will provide the DV Advocates with a copy of the police report, and the DV Advocate will immediately attempt to make coptact to offer advocacy and follow- up services. The DV Advocate will also coordinate with program staff of any other program that the child is involved i; 7. Law enforcement officers will follow-up with the domestic violence adult victim and children by way of safety patrols or similar activities. Law enforcement officers will provide follow-up services such as neighborhood patrols if appropriate- -as-well-as- informing -the- School -Resource --Officers- at the --child's school about the situation so that the SRO is aware of the situation and can offer support to the child/family. 8. A child protective services professional and/or domestic violence advocate will attempt to make follow-up contact with the child and family and refer the family to relevant service providers for follow-up services. The DV Advocate and CWS Social Worker will work together to provide follow-up services for the child and family that address any needs identified by the assessment. Follow-up home visits made the next day will include more intensive assessments and Project Narrative — CalEMA 2-108 (Revised 2/1/2009) 7 Applicant: National City Police Dept. Grant Number' identify any need for services. If the adult victim does not wish to make a follow-up appointment, the DV Advocate or CWS Social Worker will still attempt to make contact the following day and in the ensuing weeks will make several phone calls to ensure the children and adult victim are safe and aware of available services. If the adult victim declines services altogether, the contact will be noted in the database_ The DV Advocate will refer children and families to a wide range of follow-up services such as bilingual, culturally appropriate case assessment and coordination; emergency and long term (up to 18 months) confidential shelter, individual and group counseling; case consultation, TRO assistance and court accompaniment, trauma -informed substance abuse treatment; independent living skills classes and financial empowerment services; parenting classes; emergency food, clothing, and transportation; and rental assistance programs. Services for children, all using a "Point of Engagement" delivery system, include: Mi Escuelita, a free, full -day, therapeutic preschool for children aged 3 - 5 who have been traumatized by family violence. As a result of this innovative program, children develop emotionally, socially, and developmentally in supportive home and school environments, increasing their chances of long-term healthy development free from violence. ➢ Community Services for Families, providing intensive case management, support groups, parenting classes, and referrals for families experiencing or at risk of family violence and child abuse. Most of the families are referred through CWS, and many suffer from DV. ➢ Child Abuse Treatment Program (CHAT, funded by the California Office of Emergency Services), providing intensive mental health services for child victims of crime. Project Narrative - CaIEMA 2-108 (Revised 2/1/2009) 8 Applicant: National City Police Dept. Grant Number: ➢ Health and Developmental Services for Children, which brings together social service, health, and educational organizations to provide health and developmental screenings, assessments, and treatment. SBCS is developing a 23 hr. assessment center to provide short-term shelter and services for child abuse victims recently taken from their home. SBCS envisions this as being part of a Children's Village that brings together an array of organizations providing tailored services and supports for victims of child abuse and family violence, their non -offending parents, and foster families, resulting in long-term stability for child abuse victims in the region. 9. Conduct hi -monthly regularly scheduled in person conferences to review all cases. NCPD, SBCS, and CWS will coordinate bi-monthly in -person case conferences to review all cases DVRT staff will identify any other services and programs that the family is accessing, and will work to ensure that the services are coordinated, seamless, and unduplicative. Staff of these other programs may be invited to participate in the case consultations when appropriate. 10. Facilitate the regular exchange of information among personnel from law enforcement, child protective services, probation, mental health, public health, domestic violence agencies, and relevant attorneys through The development of a multidisciplinary team which meets every other month. The Multi -Disciplinary Team (MDT) including the CEDV-SRP staff (CVPD, SBCS, & CWS), representatives of the DA's office, and other relevant agencies, will meet quarterly to exchange information, adjust services to meet currentite 5, address and resolve challenges, evaluate the progress of the collaboration, and coordinate outreach to the community. National City Police Department, a department of the City of National City, employs 92 police officers and 43 professional staff members and serves over 60,000 residents in a nine square mile area In partnership with our community, NCPD is committed to providing the highest level of service and public safety. We pursue this Project Narrative — CaIEMA 2-108 (Revised 2/1/2009) 9 - o Applicant National City Police Dept. Grant Number commitment with an unwavering resolve while always respecting the rights and dignity of those we serve. NCPD's Administrative Division has many years of experience successfully managing federal and state grants, including grants from State Homeland Security, Law Enforcement Terrorism Prevention Program, Urban Area Security Initiative, the Office of Traffic Safety, and Justice Assistance. NCPD, CWS, and SBCS have worked collaboratively on DVRT services for adult victims and children since 1999. Originally, the DVRT only responded in cases where children were present, but was later expanded to include all DV calls. For the last 3 years, DV Advocates have been stationed full-time at the NCPD in order to provide immediate response and have direct liaison with PD staff. This close contact ensures mutual trust and cooperation and facilitates information sharing among the partners. In the past, DV Advocates have found that victims are less receptive to accessing follow-up services if the follow-up contact takes place more than 72 hours after the crisis is over. However, if follow-up services are suggested during the initial DVRT visit, clients are 50% more likely to connect with needed services. For this reason, the roll call trainings greatly stress the importance of ensuring that the DVRT Advocates are called immediately, so that this critical window of opportunity is not missed_ The DVRT project also employs a Data Entry/Program Aide who is responsible for all data entry of the project. SBCS is the lead agency in the South Bay Regional Collaborative (SBRC), a partnership between SBCS and the region's four community collaboratives, Children's Hospital, and YMCA Family Stress Counseling Services. The SBRC is also contracted with the Couhty of San Diego to provide Community Services for Families (CSF) in the South Region referred by the Children's Services Bureau. These services include case management, parenting classes, support groups, specialized training, and prevention/referral services. SBCS will ensure that victims with children who are served Project Narrative — CaIEMA 2-108 (Revised 2/1/2009) 10 ZI Applicant National City Police Dept. Grant Number: through the DVRT will be linked into the CSF program. The NCPD will facilitate a quarterly Multi -Disciplinary Team (MDT) meeting to discuss domestic violence topics with allied agencies, including hospitals, Adult Protection Services, Child Welfare Services and the other DV Providers. This collaboration demonstrates the region's intention to work together toward the mutual goal of providing maximum available assistance for domestic violence child victims. The outcome will be a permanent community collaboration of pirhlic and private agencies prnvieling immerliate reSpone end focu1Sedd, comprehensive follow-up services for child victims of family violence. As a result of contact with any of the partners of the Collaborative, child and adult victims of domestic violence will gain automatic access to a wide array of services, supports, and resources that will help them rebuild self-sufficieni, non-violent lives for themselves and their children. Project Narrative — CaIEMA 2-108 (Revised 211/2009) 11 Applicant: City of National City, Police Dept Grant Number: Budget Narrative The budget supports the objectives by using the majority of funds for direct service activities. Part A: Personnel Services The grant supports a .75 FTE Police Officer, who will participate in the CEDV-SRP Team, provide immediate and follow-up response to DV calls in which children are present, inform the other CEDV-SRP Team members (DV Advocate and CWS Social Worker) when responding to such calls, participate in cross -training, protocol development, data sharing, case consultation, MDT meetings, and program coordination. Qualifications: Graduation from high school or possession of 12th grade G.E.D. certificate, and completion of Basic Police Academy. Benefits: Medicate, Uniform Allowance, LTD Insurance, Insurance 'with Compensation, Life AD/D Insurance, Pers (retirement), and Health Insurance_ Total w/ benefits $106,250. (12 Months). Part B: Operating Subcontract with South Bay Community Services for one .5 FTE DV Advocate, to work on the CEDV SRP team. The DV Advocate will participate in the CEDV-SRP Team, provide immediate and follow-up response to DV calls in which children are present, participate in cross - training, protocol development, data sharing, case consultation, MDT meetings, and program coordination. The DV Advocate will be located full time at the NCPD. Qualifications: Min. 1-year experience in child, youth, and family services field, preferably in a community based service organization. Experience in the areas of individual, group, and family counseling, outreach, community education and development, advocacy, and case management. Ability to work with a diverse cultural population. B_A. or B.S. degree, (M.A. or M.S.W. preferred) in social work, psychology, or related field, experience may be substituted. 40 Hour DV training. Bilingual preferred- The total sub -contract is $55,850 (12 Months). There is no Subcontract with the County of San Diego for.5 FTE CWS Social Worker. The county does not wish to participate fully as hoped and is not seeking any of the grant funds. Budget Narrative - CaIEMA 2-10( (Revised 211/2009) 1 Applicant City of National City, Police Dept. Grant Number: None the less, the Social Worker is committed to participate in the CEDV-SRP Team, provide follow-up response to DV calls in which children are present, participate in cross -training, protocol development, data sharing, case consultation, MDT meetings, and program coordination_ CWS worker will not be available for 24hr callout but is working on site once a week at NCPD with the CEDV Police Officer and SBCS Advocate. Officers will use CWS 24hr hotline to report Child Abuse per current laws, policy and protocol. Qualifications: BA in social work from an accredited college or university; OR; BA from an accredited college or university with at least 24 semester units in the behavioral sciences, AND, 1 year of work experience or 2 semesters of supervised internship experience in a family or children's service agency performing duties of supervision, treatment or protective services to children. Training: National City PD is using the $3,000 to send several personnel to training, including the CEDV officer, police officers, detectives and the SBCS Advocates who are involved in DV investigations and / or CEDV — DV training. Cal ERA staff during earlier EV projects encouraged our project personnel to attend as much training and conferences as possible related to the program of Children Exposed to DV, and to train others involved in the DV process, so it has been a priority. Total Funds Requested: .._Total amount be, request for EV11_.(F`( 20.11, 2012) is $175,000. Budget Narrative - CatEMA 2-107 (Revised 2/1/2009) 2 A - 2-4- BUDGET CATEGORY AND LINE ITEM DETAIL rnt Recipient: Grant Number: A. Personal Services — Salaries/Employee Benefits COST Police Officer Salary (CEDV Investigator) Police Corporal ^c .75 FTE Salary 80,948.92 Uniform Allowance 750.00 Longevity 540.02 Educational Incentive 2,428.40 Bi-Lingual Pay Diff Pay 2,428.40 Total Personnel= 87,095.74 LTD Insurance 234.00 PERS 35,826.83 EPMC 2,629.81 Medicare 1.45% 1,259.94 Workers Comp 8,497.18 Health Insurance/Dental 5,980.65 Life/AD&D Insurance 143.00 Total Benefits= 54,571.42 Total Salalry & Benefits = $141,667.16 75% or .75 FTE = $106,250.37 for Office Assistant- Overtime Data Entry 80 per hour teme and half = $2821 per hour x 120 hours = $3,385.20 Enter Data into CEDV Police Computer Database Training Coordinator - Overtime CEDV Training Assesments & Admin. $26.23 per hour @ time and half = $30 98 per hour x 60 hours = $1,858.80 SONAL SECTION TOTAL $106,250 $3,385 $1,859 $111,494 Cal EMA 2-106b (Revised 12011) budget pages without match BUDGET CATEGORY AND LINE ITEM DETAIL Grant Recipient: B. Operating Expenses Sub Contract DVRT Advocate (South Bay Community Servcies) SECS Personnel Program Director DVRT Advocate DVRT - On Call Staff Contact Compliance Staff Total Salaries= Benefits FICA 7.625% SUI @ 4.25% of first $7,000 in ura Wlc ton G-l. 2% riwuian Cc rrn.0,i,pen$auv„ �. a.0 Health Insurance Pension Total Benefits -- Total Personnel= Non -Personnel Wage Office Supplies Tele-Cell-Pagers-Internet Total Non -Personnel = Total Direct Cost= Admin Overhead © 5% Direct Cost Total Cost= indirect Costs National City Flat rate not exceeding 10% of Personnel Salaries Cell Phone CEDV Officer Office Supplies DV Outreach Supplies_ and Printing Training Subsistence (Lodging and Meals 50% Tuition 20% Travel 20% 12 forecasted-nights-@-$84per night-- 30.00 per diem $1.008. -..._ 1000 miles @.051 cents/mile to and from = $510 5 registrations $155.00 ea. = $775 Incidentals 10% Training is for ail personnel including police personnel and advocates attending CEDV program related training. Annual Salary 65,000 10% 40,456 50% (@ 19-45/hr) 19,500 50% (@ 75.00 /shift 36,400 10% Grant Number: COST SBCS SUS 6,500 20,228 9,750 3 640 $40,118 3,069 811 802 3,851 2 023 $10,556 $50,674 1,412 504 600 $2,516 $53,190 2 660 $55,350 $1500 $600 g5n9 $300 $55,850 $1,500 $1,050 $500 $1,606 $3,000 OPERATING SECTION TOTAL Cal EMA 2-106b (Revised 12011) budget pages without match zCe BUDGET CATEGORY AND LINE ITEM DETAIL ant Recipient: C. Equipment Grant Number: COST ECUIPMENT SECTION TOTAL fi '...p <. Y..Sn.T... .:'.i s w r�. �n•• +.: f�: 0.00 ..v". SL�.2lL?vu.+ Cal EMA 2-106b (Revised 1/2011) budget pages without match PROJECT SUMMARY 1. GRANT AWARD NO. 2. PROJECT TITLE Children Exposed to Domestic Violence SR Program 3. GRANT PERIOD 10/01/2011 to 09/30/2012 4. APPLICANT City of National City Name: Address: City: 1243 National City Blvd. National City 619-336-4411 Phone: Fax #. 619-336-4525 Zip: 919150 5. GRANT AMOUNT (this is the same amount as 10G of the Grant Award Face Sheet) $ 175,000 6. IMPLEMENTING AGENCY Name: Address: National City Police Department 12IX1 National City Blvd. Phone City 619-336-4514 Fax #: 619-336-4525 National City 91950 7. PROGRAM DESCRIPTION The CEDV-SRP will be a component of the existing Domestic Violence response team (DVRT). The DVRT will be expanded to include an additional .5 FTE DV Advocate, a CWS Social Worker, and a .75 FTE Police Officer who will join the DVRT to address the immediate and longer -term needs of any child who has bean exposed to DV. Team members will also participate in cross -training, protocol development, data sharing, case consultation, MDT meetings, and program coordination. As a result of contact with any of the partners of the Collaborative, child and adult victims of domestic violence will gain automatic access to a wide array of services, supports, and resources that will help them rebuild self-sufficient, non-violent lives for themselves and their children. 8. PROBLEM STATEMENT Child witnesses to domestic violence experience serious trauma which, without intervention, can result in physical, emotional, and devetnpmentat delays and injuries. The project will take place in National City, located in the southwestern portion of San Diego County with a population of 63,537 (59% Hispanic, 17% Asian & PI, 15% White, 6% African -American, and 3% Other). Situated very close to the Mexican border, National City's domestic violence rate of 23 per 1,000 households is the third highest in the county, and the city sutlers from high rates of violent crime, unemployment, family poverty, and substance abuse. 9. OBJECTIVES Ensure the CEDV-SRP Team receive specialized DV training in their own discipline and each other's roles; Develop a CEDV-SRP protocol; Develop a comprehensive computerized database; Provide immediate on -site response to 66 DV calls where children are present; Attempt to provide follow-up with 66 DV adult victims and their children; Conduct 24 in person case conferences; Facilitate 6 MDT meetings; Complete a comprehensive programmatic evaluation. Project Summary - CalEMA 2-150 (formerly OES 227) (Revised 211/2009) 10. ACTIVITIES Provide staff training and cross -training. Review existing DVRT protocol to incorporate recommended child -related issues. Provide immediate on -site response and follow-up services to all DV calls where children are present. Conduct 24 in person case conferences. Facilitate 6 MDT meetings. Complete a comprehensive programmatic evaluation. 11. EVALUATION (if applicable) An Evaluator will complete a comprehensive programmatic evaluation. The evaluation will measure the impact the program has on reducing trauma to children exposed to domestic violence and increasing their safety. The evaluation is due in June 2011. 12. NUMBER OF CLIENTS (if applicable) 66 DV cases where children are present 13. PROJECT BUDGET (these are the same amounts as on Budget Pages) Personal Services Operating Expenses Equipment TOTAL $111,494 $63,506 $0 $175,000 $0 $0 $0 $0 $0 iI Totals: $111,494 $63,506 $0 $175,000 Project Summary - CaIEMA 2-150 (Joinr rIy OES 227) (Revised 2/12009) OTHER FUNDING SOURCES Complete this form to report the total funds available to support the activities related to accomplishing the goals and objectives of the Grant Award Agreement. In the "Grant Funds" column, report the CaIEMA funds requested by category. In the "Other Funds" column, report all other funds available to support the project by category and then calculate the totals by category in the "Program Total" column. Total each column to arrive at the total program funds available. OT G.SOURCES RI DGET CATEGORY GRANT FUNDS (Use only the grant fiords identified in the preceding budget pages) (Enter numbers vithout $ or decimal points) OTHER FUNDS PROGRAM TOTAL Personal Services 111,494 35,417 $146,911 Operating Expenses 63,506 28,460 $91,966 Equipment 0 0 $0 TOTAL $175,00D $63,877 $238,877 This form does not become part of the grant award. Other Funding Sources - CaIEMA 2-151 (formerly OES 653) (Revised 21112009) PRIOR, CURRENT AND PROPOSED Cal EMA FUNDING List all currently funded Cal EMA projects and all Cal EMA grants awarded to the applicant during the last five fiscal years. Include the fiscal year of operation, the grant number and the amount of Cal EMA funding. For current and proposed grants that include positions funded by more than one Cal EMA grant, list these personnel by title and the percentage of the position funded by Cal EMA. The percentage of funding must not exceed 100 percent for any one individual. 2005-06 DC05160010 $50,000 Project Director 25% 2005-06 CE05089504 $67,000 Project Director 25% 2n0i5f06 MS05040550 $68,000 Project Director 50% PRIOR, CURRENT AND PROPOSED Cal EMA FUNDING FISCAL YEAR GRANF NIfMBER X GRANTAMOUNT t PERSONNEL BY rr�L.E ; %oF,car EMA` FtiNDING 2001-02 2002-133 525,138 N/A N/A 2002-03 2003-167 $233,105 NIA NIA 2.003-04 2004-045 $196,369 N/A N/A 2004-05 2005-15 $170,905 N/A N/A 2005-06 2006-0071 $110,839 N/A N/A 2006-07 2007-0008 $53,876 N/A N/A 2008-09 EV08 01 8608 $200,000 N/A N/A 2009-10 EVO9 02 8608 $200,000 N/A NIA 2010-11 EV10 03 8608 $175,000 N/A N/A Prior, Current and Proposed Cal EMA Funding 2-152 (Revised 612011) PROJECT SERVICE AREA INFORMATION COUNTY O,R COUNTIES SERVED: Enter the name(s) of the county or counties served by the project. Put an asterisk where the project's principal office is located. ` San Diego County U.S. CONGRESSIONAL DISTRICT(S): Enter the number(s) of the U.S. Congressional District(s) which the project serves. Put an asterisk for the district where the project's principal office is located. ' 44th Congressional District STATE ASSEMBLY DISTRICT(S): Enter the number(s) of the State Assembly District(s) which the project serves. Put an asterisk for the district where the project's principal office is located. 80th State Assembly District 4. STATE SENATE DISTRICT(S): Enter the nurber(s) of the State Senate District(s) that the project serves. Put an asterisk for the district where the project's principal office is located. *40th State Senate District 5. POPULATION OF SERVICE AREA: Enter the total population of the area served by the project. 63,700 Project Service Area Information 2-154 (Revised 2/1/2009) EDMIJYD G. BRowN JR. GOVERNOR Cal DIA CALIFORNIA EMERGENCY MANAGEMENT AGENCY June 6, 2011 TO: CHILDREN'S JUSTICE ACT (CJA) FUNDED GRANT RECIPIENTS PROJECT DIRECTOR/FINANCIAL OFFICER RE: CHANGE IN CJA FUNDING CYCLE MIKE DAYTON ACTING SECRETARY The California Emergency Management Agency (Cal EMA), Public Safety and Victim Services Division, is pleased to announce that the California Children's Justice Act (CIA) Task Force has -recommended Cal EMA extend the funding cycle of CJA-funded programs from three to up to five years. Current CJA-funded grant recipients may request additional years of funding. All requests must be submitted, in writing, to your Cal EMA Program Specialist no later than February 28th of the projects final year of operation (requests may not be submitted during the first or second year of operation). Additional years will be granted on a year-to-year and case -by -case basis. For further information, please contact your Program Specialist. Sincerely, SONIA BANALES Chief, Vctim Services Branch 3650 SCHRIEVER AVENUE MATHER, CA95655 PUBLIC SAFETY AND VICTIM SERVICES (916) 327-3672 PHONE • (916) 324-8554 FAx L /i OFFICE OF THE CHIEF OF POLICE January 1, 2012 Dennis Hall Program Specialist Children's Section Victim Services Branch Cal EMA 3650 Schriever Ave. Mather, CA. 95655 Dear Mr. Hall, We received notice that the California Children's Justice ACT (CJA) Task Force has recommended Cal EMA extend the funding cycle of CJA-funded programs from three to five years. As a current grant recipient of the CJA funded Children Exposed to Domestic Violence Special Response Program, we would like to request additional funding for a fifth year. We were recently notified of our award for a fourth year, (EV 11), and would like to continue participation in this important program designed to assist children and their families within our City that are exposed to the negative impacts of Domestic Violence. On behalf of the City of National City and the National City Police Department, I would like to thank you for you; consideration of our continued involvement in the CEDV program. If you have any questions please feel free to contact me or our CEDV Project Director, Lt. Keith Fifield. Sincerely, Adolfo Gonzales Chief of Police National City Police Department National City Police Department 1200 National City Boulevard, National City, CA 91950-4302 619/336-4400 Fax 619/336-4525 www.nationalcityca.gov CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO. p_ JTEM TITLE: Resolution authorizing Council to waive the formal bid process, and award the purchase of one Ford Crown Victoria to Downtown Ford Sales in Sacramento, CA in the amount of $26,432.14 for the Police Department. PREPARED BY: Debbie Lunt PHONE: 336-4582 DEPARTMENT: Finance APPROVED BY: EXPLANATION: The City received reimbursement to purchase a patrol vehicle as a result of a claim filed b'y Risk Management to the insurance company in the amount of $16,913.57, and additional funding from the Supplemental Law Enforcement Services Funds (SLESF) grant in the amount of $7,671.32 and General Fund in the amount of $1,847.25. Ford Motor Company has discontinued producing the 2011 Ford Crown Victoria's and they are not available from local dealers. Downtown Ford has limited vehicles remaining. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) and 2.60.260 of the Municipal Code, and authorize Buyer to piggyback the City of Sacramento's Bid #B11131061009 with Downtown Ford Sales. "lo further purpose would be served by issuing a formal bid at this point, since the vehicles are no roger available locally. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: „L. 208-411-913-511-0000 $7,671.32 (SLESF) 001-411-000-299-0000 $1,847.25 (GF) 001-411-000-511-0000 $16,913.57 (GF) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: In concurrence with the Police Department, it is recommended that the award be made to Downtown Ford Sales, and that authority be given to issue resulting Purchase Order. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )owntown Ford Sales Quotation RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING OF THE BIDDING PROCEDURE AND AWARDING THE PURCHASE OF ONE 2011 FORD CROWN VICTORIA FOR THE POLICE DEPARTMENT FROM DOWNTOWN FORD SALES IN SACRAMENTO IN THE AMOUNT OF $26,432.41 THROUGH A COOPERATIVE PURCHASE WITH THE CITY OF SACRAMENTO WHEREAS, the City received reimbursement in the amount of $16,913.57 to purchase a patrol vehicle as a result of a claim filed by Risk Management; and WHEREAS, the Police Department desires to purchase a Ford Crown Victoria to replace the one that was totaled by the insurance company; and WHEREAS, Ford Motor Company has discontinued producing the Crown Victoria, and there are none available from dealers within San Diego County; and WHEREAS, a 2011 Ford Crown Victoria is available from Downtown Ford Sales in Sacramento for $26,432.14; and WHEREAS, additional funds are available from the Supplemental Law Enforcement Services Fund ("SLESF") grant in the amount of $7,671.32, and General Fund in the amount of $1,847.25; and WHEREAS, the City of Sacramento awarded Bid No. B1113106 to Downtown Ford Sales for a 2011 Ford Crown Victoria, which the City can piggyback, thereby getting the best purchase price; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the Purchasing Agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the Purchasing Agent to be in substantial compliance with the City's procurement procedures, and the Purchasing Agent has made such a determination in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the Purchasing Agent's determination that the City of Sacramento's procurement procedures are in substantial compliance with the City of National City's, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiver of the bidding process for the purchase of one 2011 Ford Crown Victoria from Downtown Ford Sales in Sacramento in the amount of $26,432.14. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Purchasing Agent is hereby authorized to execute on behalf of the City, a Purchase Order between Downtown Ford Sales in Sacramento and the City of National City to effect this purchase, --- Signature Page to Follow --- Resolution No. 2012 — Page Two PASSED and ADOPTED this 20th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney QUOTATION DF111511237 DOWNTOWN FORD SALES 525 N16th Street, Sacramento, CA. 95814 916-442-6931 fax 916-491-3138 Customer QUOTATION Name CITY OF NATIONAL CITY Address City Phone CA Qty 1 1 Date REP Phone \FOB 11/15/2011 FORBESS Description Unit Price TOTAL 2011 FORD CROWN VICTORIA POLICE SEDAN (FRONT DOORS AND ROOF WHITE) GO RHINO PUSH BUMPER $23,481.00 $352.00 $23,481.00 $352.00 Payment Details 0 0 0 $23,833.00 SHIPPING $450.00 Taxes 875 $2,085.38 DOC FEE TIRE FEE TOTAL $55.00 $8.75 $26,432.13 Office Use Only TERMS: 5% DISCOUNT FOR PAYMENT IN 20 DAYS CITY OF SACRAMENTO CONTRACT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO. 12 EM TITLE: Resolution accepting the lowest, responsive, responsible bid, for two Ford Fusion's & one Ford E350 Econoline Van, from Raceway Ford in Riverside, CA in the amount of $67,803.89 for the Police Department. PREPARED BY: Debbie Lunt PHONE: 336-4582 EXPLANATION: DEPARTMENT: Financ APPROVED BY: Request for Bid #GS1112-1 was issued on behalf of the Police Department for the purchase of two (2) 2012 model Ford Fusion's and one (1) Ford E350 XLT Econoline Van, or equal. Bids were mailed to twelve (12) vendors, netting three (3) responses. Bids were opened and publicly read on February 28, 2012, with no vendors present for the opening. Raceway Ford of Riverside, CA was determined to be the lowest, responsive, responsible bidder in the amount of $67,803.89. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 131-411-000-511-0000 $67,803.89 (Asset Forfeiture) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: In concurrence with the Police Department, it is recommended that the award be made to Raceway Ford, and that authority be given to issue resulting Purchase Order. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Abstract RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE AWARD OF A COMPETITIVE BID TO RACEWAY FORD IN RIVERSIDE, CALIFORNIA IN THE AMOUNT OF $67,803.89 FOR TWO FORD FUSIONS AND ONE FORD E350 ECONOLINE VAN FOR THE NATIONAL CITY POLICE DEPARTMENT WHEREAS, the Purchasing Division of the Finance Department did, in open session on February 28, 2012, publicly open, examine and declare three sealed bids for two Ford Fusions and one Ford E350 Econoline van for the Police Department; and WHEREAS, Raceway Ford in Riverside, California, was the lowest responsive bidder with a bid amount of $67,803.89. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for two Ford Fusions and one Ford E350 Econoline van to the lowest responsive, responsible bidder, to wit: - RACEWAY FORD BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the award of a competitive bid for two Ford Fusions and one Ford E350 Econoline van for the Police Department to Raceway Ford in Riverside, California, in the amount of $67,803.89. PASSED and ADOPTED this 20th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney , IL,- I I VIU 1 UJIVI1 CII IU V al I3IU ABS I 1-?AC1 /ANALYSIS "5/2012 8.75% TIRE EXT. SUB PYMT TERMS TOTAL BIDDER: BID TAX FEE WARRANTY TOTAL (BID%) AWARD NOTES Raceway Ford $61,653.00 $5,394.64 $26.25 $730.00 $67,803.89 $0.00 $67,803.89 AWARD Riverside, CA Net 30 Kearny Pearson Ford $62,589.00 $5,476.54 $26.25 $1,150.00 $69,241.79 $0.00 $69,241.79 San Diego, CA Net 30 Villa Ford $64,333.03 $5,629.14 $26.25 $980.00 $70,968.42 $0.00 $70,968.42 Orange, CA Net 30 Drew Ford No Response La Mesa, CA El Cajon Ford No Response El Cajon, CA Fuller Ford No Response Chula Vista, CA Ken Grody Ford No Response Carlsbad, CA Miramar Ford Truck No Response San Diego, CA Mossy Ford No Response San Diego, CA Perry Ford No Response National City, CA Perry Ford No Response Poway, CA Theo Robbins Ford No Response Costa Mesa, CA CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO. 13 ;M TITLE: Resolution accepting the lowest, responsive, responsible bid, for one Chevrolet Tahoe, from Courtesy Chevrolet of San Diego, CA, in the amount of $30,934.01 for the Police Department. PREPARED BY: Debbie Lunt PHONE: 336-4582 EXPLANATION: DEPARTMENT: Finan APPROVED BY: Request for Bid #GS1112-2 was issued on behalf of the Police Department for the purchase of one (1) 2012 model Chevrolet Tahoe, or equal. Bids were mailed to nine (9) vendors, netting four (4) responses. Bids were opened and publicly read on February 28, 2012, with one vendor present for the opening. Courtesy Chevrolet of San Diego was determined to be the lowest, responsive, responsible bidder in the amount of $30,934.01. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS 131-411-000-511-0000 $30,934.01 (Asset Forfeiture) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: In concurrence with the Police Department, it is recommended that the award be made to Courtesy Chevrolet, and that authority be given to issue resulting Purchase Order. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Abstract RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE AWARD OF A COMPETITIVE BID TO COURTESY CHEVROLET OF SAN DIEGO IN THE AMOUNT OF $30,934.01 FOR ONE CHEVROLET TAHOE FOR THE POLICE DEPARTMENT WHEREAS, the Purchasing Division of the Finance Department did, in open session on February 28, 2012, publicly open, examine and declare four sealed bids for one 2012 Chevrolet Tahoe, or its equal, for the Police Department; and WHEREAS, Courtesy Chevrolet of San Diego was the lowest responsive bidder with a bid amount of $30,934.01. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Netional City hereby awards the contract for one 2012 Chevrolet Tahoe to the lowest responsive, responsible bidder, to wit: COURTESY CHEVROLET BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the award of a competitive bid for one 2012 Chevrolet Tahoe in the amount of $30,934.01 for the Police Department to Courtesy Chevrolet of San Diego. PASSED and ADOPTED this 20th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney GS11 CHEVY TAHOE BID ABSTR 'ANALYSIS 2012 2% LOCAL TAX 8.75% TIRE EXT. SUB PYMT TERMS TOTAL BIDDER: BID ADJUST. TAX FEE WARRANTY REBATE TOTAL (BID-%) AWARD NOTES Courtesy Chevrolet $27,283.00 $0.00 $2,387.26 $8.75 $1,255.00 $0.00 $30,934.01 Net 30 $30,934.01 AWARD San Diego, CA Bob Stall Chevrolet $27,672.00 $0.00 $2,421.30 $8.75 $915.00 $0.00 $31,017.05 Net 30 $31,017.05 La Mesa, CA Quality Chevrolet $28,689.00 $0.00 $2,510.29 $8.75 $1,180.00 $0.00 $32,388.04 Net 25 $32,388.04 Escondido, C Ron Baker Chevrolet $35,177.00 ($703.54) $3,077.99 $8.75 $1,150.00 ($1,500.00) $37,210.20 check $37,210.20 National City, CA City Chevrolet No Response San Diego, CA Jimmy Johnson Chev No Response San Diego, CA Poway Chevrolet No Response Poway, CA VIP Chevrolet No Response El Cajon, CA Weseloh Chevrolet No Response Carlsbad, CA CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO.14 'EM TITLE: Resolution of the City Council of the City of National City ratifying a side letter to the memorandum of understanding between the City and the National City Firefighters' Association, amending the agreement to increase, by $5.00 per month, the retiree health benefit for eligible members of the Firefighters' Association retiring on or after July 1, 2011. PREPARED BY: Stacey Stevenson DEPARTMENT: PHONE: 336-4308 APPROVED B EXPLANATION: es On August 16, 2011, the City Council approved an agreement with the Firefighters' Association (FFA) that included a continuation of the retiree health benefit at the level of $5.00 per month for each year of service (with a minimum of 20 full years of service in the National City Fire Department). The language, carried over through multiple agreements, also includes a provision to automatically increase the benefit if an increase is granted to the Police Officers' Association (POA). On December 6, 2011, the City Council approved an agreement with the POA that increased the retiree health benefit from $5.00 per month to $10.00 per month. Consistent with the provisions of the FFA MOU contained in Article 18, Section 4, staff requests authorization to execute a side letter with FFA to increase the retiree health benefit from $5.00 per month to $10.00 per month effective July 1, 2011. This increase in benefit does not apply to former members of either FFA or POA that have ired before the effective dates of the enhancement. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: There is no immediate financial impact associated with the action. Any future retiree health benefit payouts associated with this enhancement will be paid from account 212-409-000-199. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPtION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution approving the side letter agreement with the Firefighters' Association BOARD / COMMISSION RECOMMENDATION: N/P ATTACHMENTS: e letter to the agreement between the FFA and the City: Article 18, Section 4 - Retiree Health Benefit RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION AMENDING THE AGREEMENT TO INCREASE, BY $5.00 A MONTH, THE RETIREE HEALTH BENEFIT FOR ELIGIBLE MEMBERS OF THE FIREFIGHTERS' ASSOCIATION RETIRING ON OR AFTER JULY 1, 2011 WHEREAS, on August 16, 2011, the City Council adopted Resolution 2011-184 ratifying the wages, hours, and other terms and conditions of employment reached through a meet and confer process between the City and the National City Firefighters' Association ("FFA"), and authorized the City Manager to enter into a Memorandum of Understanding ("MOU") with the FFA for the period of January 1, 2011 through December 31, 2013; and WHEREAS, said MOU included a continuation of the retiree health benefit at the level of $5.00 per month for each year of service, up to 20 full years, with a provision to automatically increase the benefit if an increase is granted to the Police Officers' Association ("POA"); and WHEREAS, on December 6, 2011, the City Council approved an agreement with the POA that increased the retiree health benefit from $5.00 per month to $10.00 per month; and WHEREAS, pursuant to the provisions of the FFA MOU, Article 18, Section 4, the City of National City and the FFA executed a side letter on March 6, 2012, to increase the retiree health benefit from $5.00 per month to $10.00 per month for eligible members that retire on or after the effective date of July 1, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies a Side Letter to the Memorandum of Understanding between the City and the National City Firefighters' Association to increase the retiree health benefit from $5.00 per month to $10.00 per month for eligible members that retire on or after the effective date of July 1, 2011. PASSED and ADOPTED this 20th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney SIDE LETTER TO •MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY FIREFIGHTERS' ASSOCIATION, AND THE CITY OF NATIONAL CITY RETIREE HEALTH BENEFIT Upon Council approval of this side letter, the City shall increase, by $5.00 per month, the retiree health benefit for eligible _members of the Firefighters' Association retiring on or after July 1, 2011. This side letter will serve both as a supplement to Article 18 of the Memorandum of Understanding (MOU) and as the controlling document related to the City's contribution to retiree medical premiun . ARTICLE 18: EMPLOYEE AND DEPENDENT HEALTH & DENTAL INSURANCE Section 4: Retiree Health Benefit Employees.covered by this MOU, who retire from the City of National City with at. least 20 full years of service with •the. National City Fire Department, shall receive .a monthly contribution towards their medical premium as follows: a. For employees who retire after July 1, 2002 and before July 1, 201 1: $5/month for each year of service with National City Fire Department b.. For employees who retire on or after July 1, 2011: $10/month service with National City Fire Department This contribution shall continue until -reaching age 65. A qualifying retiree may receive these contributions even if not enrolled in a City health plan, so long as the retiree annually provides the City with written proof.(e.g. a copy of health insurance invoice and payment) that the retiree is using the contributions to .pay for health premiums and understands that the retiree is solely responsible for any taxes that might be due as a result of the City's contributions. Terminal vacation pay and/or sick leave payment upon retirement or PERS adding unused sick leave accruals toward retirementeredit shall not be included in the calculation of 20 full years of service. If the City increases this benefit for the Police Officers' Association, that increase shall also apply to_the Firefighters' Association, but not to former niernbers'of the FFA already retired. . at the -time the increase is made, unless the increase for the POA applies to its former members already retired at the time the increase is implemented. Retirees eligible forthisbenefit are responsible for paying the Health Insurance Premium and the City will forward this benefit amount on a monthly basis directly to the Retiree. This benefit will be canceled .tipon'non payment of premium or otherwise becoming ineligible. The Retiree .is. also responsible for notification to the City of. address. change and health coverage from another source. • TENTATIVE‘ AGREEMENT A (signature and date) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO. 5 EM TITLE: TEMPORARY USE PERMIT —Integrity Charter School's Physical Education program at Kimball Park Monday, Wednesday and Thursdays commencing March 21, 2012 thru December 14, 2012 with no waiver of fees. PREPARED BY: Vianey Rolon'. PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Nei APPROVED BY: or .4Services Division This is a request from the Integrity Charter School to conduct their Physical Education sessions at Kimball Park on Mondays, Wednesdays and Thursdays starting March 21 thru December 14, 2012. Mondays: 10:40am to 2:50pm Wednesdays: 10:40am to 2:50pm Thursday: 8:30am to 2:20pm Students will be in grades 1st to 8th. Additionally, each group of students is supervised by at least one teacher and parent volunteer. City services are being requested. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP. Total Fees are $237.00 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: plication for a Temporary Use Permit with recommended approvals and conditions of approval. Actual Event Hours: ft 3D am/pm to ;Zam/pm Setup/assembly/construction Date: Event Title: Event Location: Type of Event: Public Concert Fair Festival Community Event Parade _ Demonstration c? circus �� _ Block Party Motion Picture Grand Opening i Other a 33 art);-) GL- ril Yi / E ,Lit Ark - Event Date(s) : From T.4 ;•2-- to /4//.0x. Total Anticipated Attendance: 2/ 0 Arta"- Month/Day/Yea r Ate-7, u)e,/, thag ( 5o Participants) ( Spectators) • Start time.: ,-//k Please describe the scope of your setup/assembly work (specific details): ,at0 Dismantle Date: "OA Completion Time: ��,4 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. A Sponsoring Organization: , eY, J i f d _ For Profit O �% J 5/Not-for-Profit Chief Officer of Organization (Name) 7rZ 2t JCE diiki'Yioz Applicant (Name): -trO iCirt. , 44eYYe Address: 70 / } li r 41 £4 / Daytime Phone: (big) 3i'- 0g013 Evening Phone: (JJii )33 .OF0 ' Fax: (E%i.)✓.•.1524' Contact Person "on site" day of the event: /l tS , A (it (- 4 4✓C?11 Pager/Cellular: l q• 113 `'1 • IV G3 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 NO YES / NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ t<k 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. I6-P ¢StzH aa' a y/ )114 11 210 s r 05 Mtz 4-471 — ;:5 Pfl4 idgejar t ¥' �- ,� :50 ,- ' 1 cke-i 0 c -di dk-� e �� s� �p d aait/ aka-1 YES _ NO If the event involves the sale of cars, will the cars come exclusively from Nationally' car dealers? If NO, list any additional dealers involved in the sale: /� 2 _ YES / NO Does the event involve the sale or use of alcoholic beverages? YES 6f NO Will items or services be sold at the event? If yes, please describe: YES I NO 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. YES ^� 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 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. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: ��jk GAS ELECTRIC " CHARCOAL OTHER (Specify): • Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: V V V V V V V V V Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd /?�Control and Internal Security: - fe y7 544, 4— f s4,6�� e t L'' t a --At ',wiz. _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 ✓INC 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: PI se indi to what rrangement you have made for royiding Fist Aid S affing an Equipment. kyoyd e' / ' -si' d rs ( z/fej 6��tatt.1 Please describe your Accessibility Plan for access at your event by individuals with disabilities: AYA Please provide a detailed description of your PARKING plan: / N Please describe your plan for DISABLED PARKING: ,DA 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: /0� NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES ✓NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YES VNO Will sound amplification be used? If YES, please indicate: Start time: Number of Bands: am/pm Finish Time am/pm YES _AO 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: 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 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 / h /i Person in Charge of Activity "` ►n61s�� (mil et'az' Address -X I ,r �aV/1Qt" e h: 62/., A.)ez l�? 'I eft- cil0Sa Date(s) of Use 5/4//Z, -- 6'4-1/� Telephone 4/9. 33b. o ' o ' fzch-t-c/ 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 undee permit by the permittee or its agents, employees or contractors. Signature of Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 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) 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 --(-41 •fe ,ter j C%") Type of Organization -1 ,t - t1i_c _f (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) V 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 Sneed due to health reasons or a death in the family? P�/\'' 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? r Yes (Please provide an explanation and details. ))1i< 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? Ali 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: N-N No (P lease sign the form and submit it with the TUP Application) Signature 9 Date /ot Time Date 9:13:38AM 2/7/2012 National City Account Details Report Page 1 Account Number Business Name 63178 INTEGRITY CHARTER SCHOOL Business Address Mailing Address 701 NATIONAL CITY BLVD 701 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-1123 NATIONAL CITY, CA 91950-1123 Business Phone Status Business Type Location Code Extra 1 Expiration Date (619)336-0808 LICENSED Registered Not For Profit El 12/31/2012 SIC Current Balance Business Subtype PARCEL Extra 2 License Issued Da 8249 0 PUBLIC CHARTE 1/17/2012 Vocational Schools License Frequency Contractor Number EMPLOYEES Start Date A 17 10/29/2004 Cease Date Contact Code 01 Contact Name DOMINGUEZ, SANDRA (DIR) Contact Address Owner 1 Cont Field#1 PHONE Business (619)336-0808 PAYTYPE POSTDATE Check 04/20/2010 Check 02/02/2009 Payment History AMOUNT CHECK# $50.00 1737 $10.50 1578 NOTES na na NOTES CODE RPL License was reprinted. ADDR Old mailing address: 125 PALM AVE NATIONAL CITY, CA 91950-1719 ADDR Old account address: 125 PALM AVE NATIONAL CITY, CA 91950-1719 CErr No charges for Cash Transaction on 4/24/2006 12:00:00 AM - Not Converted No charges for Cash Transaction on 2/15/2006 12:00:00 AM - Not Converted No charges for Cash Transaction on 12/21/2004 12:00:00 AM - Not Converted No charges for Cash Transaction on 12/22/2005 12:00:00 AM - Not Converted No charges for Cash Transaction on 12/12/2006 12:00:00 AM - Not Converted No charges for Cash Transaction on 5/12/2005 12:00:00 AM - Not Converted Entered Entered By 2/3/11 11:05 am ASALAZAR 1/26/11 11:31 am ASALAZAR 1/26/11 11:31 am ASALAZAR 4/20/07 3:15 pm Conversion \\10.23.105.247\psi\QuickServe Suite\LT\Reports\acdetailsro4.rpt Modified-01/27/2005 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Integrity Charter School EVENT: Integrity Charter School Physical Education DATE OF EVENT: March 21, 2012 thru December 14, 2012 TIME OF EVENT: Monday, Wednesday and Thursday (specified times) APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY 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 ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x CITY ATTORNEY YES [ x ] NC) [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER Provide Additional insured endorsement naming the City of National City as an additional insured • CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE The PD has no stipulations for this event. ENGINEERING The Engineering Department has no comment on this TUP. FINANCE No objection from Finance for ICS FIRE No objection from Finance for ICS COMMUNITY SERVICES CS has no comments DEVELOPMENT SERVICES No comments PUBLIC WORKS Public Works has no involvement in this event. Thanks CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO. 16 EM TITLE: TEMPORARY USE PERMIT — The Leukemia & Lymphoma Society's Ragner Relay SoCa1 2012 running race through National City on April 21, 2012 from 9 a.m. thru 8 p.m. with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighb • rho• Services Division APPROVED BY: This is a request from The Leukemia & Lymphoma Society to conduct the Ragner Relay SoCal 2012 running race on April 21, 2012. This is a long distance running relay race that is a benefit for the Leukemia & Lymphoma Society. The 192.9-mile race will start in Huntington Beach on Friday, April 20th, 2012 around 6 a.m. The finish line will be located at Silver Strand State Beach Park. Runners will enter National City headed south from San Diego. They will progress south around the bay and into Chula Vista. Runners will typically run on sidewalks, crosswalks, bike lanes, shoulders and will obey all traffic laws. During the relay, members run three legs each, exchanging the baton at designated exchange points, of the 36 legs of the course, two partial legs and one exchange point falls within the National City limits (southeast onto Harbor Drive, south onto Cleveland Avenue, west onto Bay Marina Drive, then south on sidewalk, west onto 32nd Street bike lane, and south onto Tidelands Avenue). Exchange 34 will be placed at Pepper Park. street, sidewalks, traffic closures are been requested. .,Nplicant will post appropriate signage for runners to follow and First Aid will be stationed at each exchange. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments, plus NCPD fees pending (if any). Total fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )Iication for a Temporary Use Permit with recommended approvals and conditions of approval. Chief Officer of Organization (Name) Applicant (Name, n1" 1; Sc ' or (�cuyvtir t—aSgv 4S LL C- - n_ Cv_e y.c0-0Y-1) Mg SV°CASP\e)( 4r.) Sure 2-61 , K,,tisv'1\\e, SV Festival Community Event Circus Block Party Actual Event Hours: g',c t Ca)/pm to 8..00 am Setup/assembly/construction Date: Ly I21 1 (7_Start time: Type of Event: _ Public Concert Parade Motion Picture Event Title Fair Demonstration _ Grand Opening X— Othert,on) d s1a„ce r„nn�neT Te\a� race Ag11AY &e�i`4v, JU C` I tJV Event Location: \ir--\oc�5 tk�)! S1�ewc�\ —S 6,ce a. NnA Event Date(s): From 1 lv iZ to Wltr if L Total Anticipated Attendance: y,00 ��,ro�gl tJoa;ora\ �r� onth/Day/Year (fabco Participants) ( 6 Spectators) co Please describe the scope of your setup/assembly work (specific details): Dismantle Date: a1\exs Co (Pc1 San D;c) Completion Time: am/pm Sig^°ge-1 �2 ?IIZ- QM Dick up , 4-01k 1s oA 4123 \ 17- lat. 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. Noe Sponsoring Or anization:l Lwkenira -f\rAxEor Profit `" Not -for -Profit Address: Daytime Phone: (?)81) ifft- 5O2'+ Evening Phone: (goy) 1D'l- 8wo5- Fax: ( ) (-IAA- s 2� Contact Person "on site" day of the event: fAt✓, (SSG. ,X01\6 Pager/Cellular: 6 101 8k-A05 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS t> %1 1 / _ nR J1n , - 1 out . Is your organization a "Tax Exempt, nonprofit" organization? "YES _ NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): ES NO 1 /, d'z) /"G`;2 iD C 'V �/c r�i L>CP6 Se3 .f t6 Ces'-4v-egi,/ $ - Vi E 1'n Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ l 4 ij/LJ' 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_ 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: 2 YES y NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: YES' ` NO 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. it YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES X NO 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. ▪ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: N 1\ V V V V V V V V V If you intend to cook food in the event area please specify the method: N GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: 15 (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 an or barricades N Generator locations and/or source of electricity N I P Canopies or tent locations (include tent/canopy dimensions) T' Booths, exhibits, displays or enclosures }.t(f\ Scaffolding, bleachers, pl tforms, stages, grandstands or related structures N 1A Vehicles and/or trailers 562_ A'CJCY\Q). Qdvke O�1Ve, \v�r�) Other related event com nents 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: 2 Trash containers with lids: 0 Describe your plan for clean-up and removal of waste and garbage during and after the event: \) vA)ceea-5 r^o'\r`k-c6 n }rasp t'ece,p4—ic4 cAA- e o c 3c)16 ,,- C6\f') A-V . e ,M,14S0,1 o tho e AY\A- tra4) \\ `De cb\\ec-tcG6 10-5 As �br�eb - .crA`,S.\-\ \ r (S,\vim S &vv 3S e geaell� Please describe your procedures for both Crowd Control and Internal Security: A i /4°(2 /C'-4/3 YES X'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. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: -Th eNier4- u=\\\ \,cs..5: ,no 6bse:r\cab\e �r\c-\reSa�en-ics bvStnesse5 or c,1qurt�nS • 4)0 cAcssvices o� fBe�S sa.e.06.\\LS , 0 disr,e\�ov, NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES )`ENO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES _INO 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 % NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: 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 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"1'1„n Lpukiartii S6G;e�\-y" r"s �Qc ;A • M\h�r"\ J Person in Charge of Activity V' € \ S& )o-ne s � rr�fq�_ sd) Address \\d() W. 6c_Vs,of, , �»\e 7 6` ya\f„j \\e ; aL163� Telephon(c) 101- 8-t05 Date(s) of Use '-I lq-1 i Z 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 Applic /27 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Ragnar Relay So Cal '12 Route & Venue Information Route — The race will start in Huntington Beach on Friday, April 20th, 2012 around 6:00am. Runners will make their way around Camp Pendleton to the north and then back south towards Oceanside. From Oceanside the runners will hug the ocean until San Diego, where they will run around the harbor to Coronado Island. The finish line will be located at Silver Strand State Beach Park. LEG 34.6.4 MILES • HARD • SAN DIEGO HARBOR • AIRFORCE EX. z z N M 117.15' W 117.125° W 1 aI._ to t . .i !lt�JBdIlIiIwL:I®7LHL1311ka v I1ITa ILI19v asal mI � 1N®Ili11111�7 IDJ6III(11M I IIMLIL71IliI®ffi11.1“121111mAllmAZWIll Ij.Irq�lt IE r kWWLJsIsskill- b � MI LII®11IIIIICA2111 1 IIIIII®LIL111I1111111MI LIe IIIIILVPIEIEMIIFJMI WLLL.1LJJ. 1711J Lrill 117.15' W 1000 900 • 800 ' r. 700 ' 600 ... > 400 • 1v 300 200 .., ..... 100 €.xch 33-= 43=._. 0 117.1 5'W z h N z N .D LEG NOTES: Exchange located at LM "Pep" Pepper ParK 3 Tidelands Ave National City, CA 91950) LEG LEGEND: 0.0 Depart Exch 33, north out of Embarcadero Marina Park. 0.2 Turn RIGHT (E) onto sidewalk - 0.9 Turn LEFT (NE). 1 2 Turn RIGHT (SE) onto Harbor Dr. Run with traffic, on sidewalk. 4.7 Turn RIGHT (S) onto dirt path next to old tracks. 4.8 Continue STRAIGHT (S) onto Cleveland Ave. Run with traffic, on sidewalk. 5.5 Turn RIGHT (W) onto Bay Marina Dr. Run against traffic, on sidewalk. 5.6 Turn LEFT (S) onto Marina Way. Run against traffic, on sidewalk. 6.1 Turn RIGHT (W) onto 32nd St. 6.2 Turn LEFT (S) onto Tidelands Ave_ 6.4 Arrive at Exch 34. VAN DIRECTIONS: 0.0 Depart Exch 33, north on Kettner Blvd. 0.3 Tum RIGHT (SE) on Harbor Dr 4.8 Stop at stop sign. Take middle fork to stay on Cleveland Ave. Follow runner directions from here to exchange • • • ti GPS COORDS EXCH 33: 32.706, -117.168 EXCH 34: 32.649, -117.112 TOTAL ELEVATION Loss: -82 FT. TOTAL ELEVATION GAIN: 69 FT. NET ELEVATION CHANGE: -13 FT. SUUNTO Exch.34 = 0' • • 00 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5 6.0 6.5 7.0 7.5 8.0 8.5 9.0 9.5 10.0 Distance (Miles) RAGNAR RELAY" SO CAL LIG Ell r Iderthdrack Maps by MarathonGlS.com LEG 34 Exchange #34 — Pepper Park Port of San Diego 11.491r4071B191#441E1211111111,1,Vit::;+Sr': v i' 'a' .�� -w '+an :N"+•• i' '"°""`"_:;' U'�?`i", ,°�bc`"<%?u'....,..,-,G+O "".,4.s. xe Section through National City — Runners will enter National City headed south from San Diego. They will progress south around the bay and into Chula Vista. The yellow line indicates the runner's path. We estimate that runners will pass through the city on Saturday, April 21st between 9:OOam and 8:OOpm. Runners will typically run on sidewalks, crosswalks, bikelanes, and shoulders, and will obey all traffic laws. ler Rd Exchange #34 — Pepper Park (Port of San Diego) See next page for expanded view Ragnar Relay So Cal '11 to benefit The Leukemia & Lymphoma Society's Team In Training Exchange #34 — Pepper Park (Port of San Diego) Parking Approx 120 Reserved Spaces 10:00am-7:O0pm The race format is very different from a marathon or 10K. Runners are spread out over a 30 mile distance and pass along the course single file, every few minutes or so. Examples of a typical runner exchange Ragnar Relay So Cal '12 City of National City Signage Info (Page 1 of 2) Along the course there will be course signs that communicate to the runners which direction to go, on what side of the road to run, which exchange they are at, etc. An example of such a sign can be seen in the picture below: The signs are 42" High, 18" Wide, .25" Thick and are made of corrugated plastic. Each sign will be secured to a delineator post barricade. An example of the barricade is shown below. Ragnar Relay So Cal '12 City of National City Signage Info (Page 2 of 2) ARNAR tet THEN' RD H ONE MILE TO Gib I AR b Yk 1b RA0NAR F k: Mt IE}�IY R AR 5i.t!Sts, ea RESPECT RESIDENTS on! Riles rivz. fps Dnr; Liter =our OF', o J c RARNAR Ragnar Relay So Cal '12 City of National City Medical Plan First -aid station and first -aid staff will be located at Exchange 30 (Torrey Pines Glider Port) and the Finish Line (Silver Strand State Beach). These first -aid stations will be equipped to handle extreme dehydration, heat stroke, and all of the minor sport injuries we often experience, including; blisters, sprains, strains, stings, etc. We require our first aid staff to be licensed to administer intravenous fluids (EMT intermediate and above, or RN, PA, M.D., etc). We hire first aid workers (EMT intermediate or above), through a medical staffing agency. In the event of a major medical emergency (i.e. any life threatening condition or injury that requires immediate medical attention) we instruct runners/volunteers to first call 911. The line of communication then follows: 911 -Race Director -Senior Race Director -)Course Manager for that section. In addition to our own first aid services on course, we list the local emergency rooms near the course, along with their address and phone number in the race packets. December 29. 2011 City of National City Neighborhood Services Division 1243 National City Blvd. National City, CA 91950 (619) 336-4364 To Whom It May Concern: I have enclosed the special event permit application for the 2012 Ragnar Relay benefiting the Leukemia & Lymphoma Society of the Orange County Inland Empire Chapter. 'the event is scheduled for Friday and Saturday, April 20`h and 215t. It will remain the same as last year. I will forward you the certificate of insurance as soon as it is issued to us from US Track & Field. Respectfull 1 Ryan Younb Permit Manager Cc: Rick Kozlowski Permit Director Melissa Jones Event Director KOZ Enterprises Special Events Marketing & Management P.O. Box 421052 • San Diego, California 92142 Tel. 858.268.1250 • Fax 858.268.1240 LYMPHOMA MYELOMA LEUKEMIA October 26, 2011 Ms. Melissa Jones California Race Coordinator Ragnar Relay Series 1188 Sportsplex Drive j Suite 201 Kaysville, UT 84037 RE: Ragnar Relay SoCal 2012 Dear Melissa: www.11s.org The Leukemia & Lymphoma Society - Fighting Blood Cancers This letter serves as an authorization for Ragnar Event LLC to obtain a permit under The Leukemia & Lymphoma Society. Ragnar Event LLC has the right to sign and coordinate all documentation related to the Ragnar Relay SoCal 2012. Kind regards, Erika Ellis Campaign Director, Team In Training Orange County inland Empire Chapter Orange County Inland Empire Chapter 765 The City Drive South„ Suite 260 I Orange, CA 92868 I tel 714.481.5600 I fax 714.481.5677 I toll -free 888.535.9300 November 15, 2011 Rick Kozlowski Koz Enterprises PO Box 421052 San Diego, CA 92142 RE: Ragnar Relay So Cal 2012 Dear Rick - This letter serves as an authorization for Koz Enterprises to obtain a permit for Ragnar Events, LLC. Koz Enterprises has the right to sign and coordinate all documentation related to the Ragnar Relay So Ca12012.. Kind Regards Chris In is Chief Executive Officer Rangar Events, LLC. CITY OF NATIONAL CITY NEIGHBORIIOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: The Leukemia & Lymphoma Society EVENT: Ragner Relay SoCal 2012 DATE OF EVENT: April 21, 2012 TIME OF EVENT: 9:00 am to 8:00 pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NC) [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 The following must be obtained: -Obtain Certificate of Insurance showing the City of National City -Provide Additional insured endorsement naming the City of National City as an additional insured. PUBLIC WORKS (619) 336-4580 Public Works has no involvement in this event DEVELOPMENT SERVICES No involvement. COMMUNITY SERVICES No involvement. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the city and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to he determined by the Risk Manager. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO.17 .. EM TITLE: TEMPORARY USE PERMIT —Cinco de Mayo -Celebrating Our Communities hosted by La Maestra Community Health Center on May 5, 2012 from 11:00 a.m. to 5:00 p.m. at Kimball Park with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigh. �•�d Services Division APPROVED BY: This is a request from La Maestra Community Health Center to conduct the Cinco de Mayo "Celebrating Our Communities" event at Kimball Park on May 6, 2012 from 11:00 a.m. to 5:00 p.m. The event will include a combined total of forty vendor and food booths. Local artist will display their work and network with the community. Local car club will display their classic vehicles. The applicant is requesting the use of the City's stage for live bands and local dance groups to perform. The applicant is also requesting the closure of 'A' Avenue during the event and barricades on the east and southwest parking lots at Kimball Park. Security will be provided by trained volunteer security team and police presence during the event. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City departments, $1,607.06 for Police (possible additional fees), $1,796.52 for Public Works (possible additional fees) and fees $200 for the Fire permits. Total fees are $3.840.58.' ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: plication for a Temporary Use Permit with recommended approvals and conditions of approval. 031 1212012 11:53 CFL Reaitj (F106196492078 P.0011001 eta cOuNctt_ il-N-FC124)041, s r a...�rTa_T�;+ �� �� �I a kir q.5.1 'E �1 , r�td 1.!�i�l�'ryrY V f rd � iL.. u� q{,nil "y !�t : I Hl Jj11. �y�r .i* 7b�fC' ��� I� r 1��15+n� yf >Z J�ri�'{•,� i � � Irk �J��I{'�'I w t, '�f +�I �QQQ 1 � j'�, .I�i'..•Nlll .l JjA.r�i��irt''„�'4f'/4`75{r�{1� e 4 y- r 444 i ,,�tt J 11 71 �I n p �r " i 21 n, 6,1�q!� N t t it,Y"11 a w1, �yl ��°� 15'ia +yl�i;Y �p 5ti�h'Iddr- !9w m`° u�d�sF7r�4��tTiJ�971Y�j"IIAdYf�IA�!'WYI4i!7$Ir�4M15rN��Y�. Type of Even : Public Concert Fair Parade _ Demonstration Motion Picture _Grand Opening Event Title: stival Circus Other Event Location: _ i! vivAcr.i,k,'PG• )' 510 °Z to _!y r Gl g- Total Anticipated Attendance: Event Date(s): From (130 Participants) month/Day/Year (Spectators) Community Event Block Party Actual Event Hours: M1 pm to 5- a Setup/assembly/construction Rate: 'S ,1 i 7.. _ start time: ` ''� Please describe the scope of your setup/assembly work (specific details): I3 M C; r Z ttl a I t)E►4 16) MJ-4) t1GEI rt. ge- ate` rOft-IJ.A4-(Pao Dismantle Date: 5 Completion Time: __E, aml�im List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closlna and day and time of reopening, , AvtiVcim( . elr;+- alo. sc lr .f, 79,01JpgL rir:gmANDgit D to i1 - L CoP4r.kiN i1- 1rrNceslAi ? 1,AJ i .i'70.4 Caf,tht 14-PArf,Tif telJitif— Ir'1.fil.: 1 Vp pplr I,..11jl i.etrSilJ( wlxtirY'.�1Yp� .+, W. {�f ♦ taZ tt 4 i ri 1 N'++; yl j ... i.j �h' I� 1,,,1 Y f 1 V y'ti I+S, � +y Nr(�.y I wvSt� } • � � � 1{v�I i•:rr'iry 4 r L + I•,. .r 7 il:.l S 4 y L r 1 ±H 1 t. ill, l Y �i. f 11 k! . 1 1 ! . I 1 {, it ...-:— ^. i ! n ,Y.R.1''i.`•4'G'.L.i 1 �r,l,.+!� i,,, 1. T+a:�!} �'�„r',''�^t�i l i:"=rs i1 �'� yin6i! � :.r_J'sy l o _�-� -1 G �p 1. A 'sg-A Col +urvt —Li �_ For Profit Sponsoring Organization: % X. Not-far-Profitma- Chief Officer of Organization (Name) jiMM4acs paileOlil- Applicant (Name): 64.1-1- d'‘wvs Address: 06 .ngli ct SSE L ' 13 Evening Phone: �! ;u " 33 Fax: (( ) i 2' . Z M�*awbc. �.� Daytime Phone: MI)�i-�� N� ,� �i }�rncwLi�e� UrA14 Contact Person "on site" day of the event: IA. n�' al 4 (4.6 f 0,14e pager/Cellular:, ) 6L5u_ 33 NOTE: 1'Hl$ PERSON MUST BE IN TATTECITYNDANCE OFFICIFOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE WAC)1. 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? )e YES NO YES NO If YES, please explain the purpose and provide amount( ); '" thi DWI- = 12.5 uau POcff T t$ 7 Ale4,05F— rs 741 NI-M tt 1/4-'1 P1-e-A,,-r su #'-P t-+- $ V q)0$17 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ f7ir 9[a $ 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, 9-g- A u i> 44)a lkeige. CuttPi rife IAM-VP 'f-1 Lac,A-•t. 4 4 i4- ew5 tt , ILL, l:'t S ?fIAs1 '7-1f4arAt9VC. UJEff let, ,; $ COMptuj, `b �5cy y YES _NO If the event involves the sale of cars, will the cars some exclusively from National City car dealers? If NO, list any addiignal dealers involved in the sale: YES N NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Willi items or services be sold at the event? If yes, please describe: � 1 veA-e" 1) S _ C tCr t YES )4 NO 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. X, YES NO Dees 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 f tents or canopies? IF YES: Number of tent/canopies ' 1) Sizes tc LO NOTE: A separate Fire Department permit is required for tents or canopies. x 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 Cab wt�L Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: k._ GAS ELECTRIC .X CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: . r (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 Y Generator locations and/or source of electricity • Canopies or tent locations (tnclude tent/canopy dimensions) > Booths, exhibits, displays or enclosures Y Scaffolding, bleachers, platforms, stages, grandstands or related structures Y Vehicles and/or trailers > Other related event components not coveted 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: lit Trash containers with Lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 2Dkxtfrl} iiaa 4Aid. A Ci.E�N u c .i l , Wer :m xaJc i 1 a �4 u.tc wu�c .�?era-cry �vErv*� ti? car Please describe your procedures for both Crowd Control and Internal Security: Litif~ iu\U. �+- ✓iSt�t of:039-0-A Fk+talrb L1GF 4 32.1)(a4A.) F /YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please fist: Security Organization: Security Organization Address' Security Director {Name): Phone: _ YES .X NO 1s 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 Ald Staffing and Equipment_ tN pc Nr sco-t d oNa 1> - Please describe your Accessibility Plan for access at your event by individuals with disabilities: ¶+ ..t- u U- k?V- Aect-�.s 4 S7rt.W%(._ P v-. ft WAS t.LATh S -f3E5iFF�'�77,Tppp; :�li`�%�2tn.t�. �rh','�'�kffHr.;4~i«I'�`�E�s�� �wr«ar•;-�Ytt�+r r Please provide a detailed description of your PARKING plan: L ?s+r7-c-t.J(n iAril a vEA. 1Lt-E-S tvctti OffiGlA'G. 5 ott e j sca50-�v� "- . MA, bitfrracE . t:1 �t)Pfeu.0 D .fib pub C. P t Please describe your plan for DISABLED PARKING: ThrAz wttc kO r-tatZ.3W ai.,144btfA, 4 Please describe your plans to notify all residents, businesses and churches Impacted by the event: iN'r W'..L taU +F`i izi<7AVp tAi�x.r+.au 72. tic 5 `k=t t . , w•+st . t. st t_2 A F Lti+a a v r art NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled In the City parks. a. !�I �Ka �4rt �I r;�+ . . t'rA l . `-i j-•. a (.e > •' i r. ;A: t G{+j• '' '.• j i. •4' ri w . , ,f+ y$,..-. + .4 - o ♦ s.+•t h.4 . ,-...J.,,,,, ..4-4*w q Nr�. r ..$ w"w i. s rp�. °'�' 1 `I a ry�v . . ( ..iy7r i.� --,,,, i . . .,...p... !.well .t+�'e • +r4..1 *'> wp ..e..._...s.. .•at4..° ..Tr.. .. 1 . !.r U-3.{v u4 4 {4. - .. r , �^'J 1 rn[ n...9.. « ....'#f c. 6 . e wi. it , I'4 4K!i �'4r r} ii1Rm' -4`4 r{ 1 yr -- > .art m.,.: mil-' : , k v �.i ?. ♦ . 1>�,13., t >trr `�" }.. .z'"k, ,:l - t y�e : f :417 i Z=! rq i °Ikr `.,nq.•rn15, ;;n` �+•�r''k�..t"...r�,1 sx Ttn7^I +n r` r !,w..2-4. .-i -, 4,.."..:s'f":W TI"!f:C�' A." .'._i"T!('.'..�.�•. Z-r.: n' '^.. r_ti' t'�1.'t!y r.�• w^�7rti '"*•rt�!1:#;:,; C YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music_ Number of Stages: i Number of Bands: (0_ Type of Music: tit )e` YES NO Will sound amplification be used? if YES, please indicate: Start tirne: 10 tbb srr pm Finish Time YYES _ NO Will sound checks be conducted prior to the event? If YES, please Indicate: Start time: 101.t0 pm Finish Time 14- m Please describe the sound equipment that will be used for your event _YES Y!0 Fireworks, rockets, or other pyrotechnics? OYES, please describer YES NO Any signs. banners, decorations, special lighting? If YES, please describe: 46,04 .S.tb141+i>'f- V.24U. .‘b'k- .S?1,,6WAD Cam 'yrAt.kV> au `:a) t()>41 1660111S Revised D /10105 5 Event: CI, et, Department Approved? ,for Office 'Use Only Yes No Specific Conditions of Approval Date Initial Council Meeting Date: Approved: Yes No Vote; Kathleen Trees, Director Building & Safety Department 6 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 l4:s !tt.A;�� 1v'aj Person in Charge of Activity AY'Vv44.443uctas� Address 2_105 ' k.;crr C C 4 Q". `ltv —A- , c A (410 Telephon tfk M33 Date(s) of Use 5 1511 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 ca►..cto ature . A V 7 ('cn fit 0.1.41012 Official Title .....11111111111.111111 2 17- Date For Office Use Only Certificate of insurance Approved Date aAX, 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 nonprofit organization? X Yes (proceed to Question 2) 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 t"M 1a, u,A eciA ku.uliyS ii at, .2.17 J-1-' U(- q,r rp _ t.denaA&4i.. L t , t. h tit S Type of Organization M t.4i. r'rp e6-AAr tu:u t tA M e- .S (Servk9 Club, Church, Social Barvice Agency, etc,) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) X/ 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} r.� S. 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. 1 n� , %A. i� e "Y '(`L'." S•tl 4'LS, 1+crri. 1 1r 1i,t7 1 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. Wilt the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to; No (P lease sign the form and submit it with the TUP Application) nature `� Date CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: La Maestra Community Health Center EVENT: Cinco De Mayo "Celebrating Our Communities DATE OF EVENT: May 5, 2012 TIME OF EVENT: 11am to 5pm APPROVALS: COMMUNITY SERVICES RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICE POLICE NEIGHBORHOOD SERVICES 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 [ ] YES [x] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 If there are any vendors selling anything at the event they also must have a business license. CITY ATTORNEY (619) 336-4220 Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents, and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. ENGINEERING (619) 336-4380 The Engineering Department has no comments on the Cinco de Mayo 2012 TUP FIRE (619) 336-4550 (see attached) to PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Parks Division 1. The cost to provide the standard stage and PA system is as follows. All rates are at time and one-half overtime. • 2 staff 4 hrs each @ $46.58 per hour during event = $ 372.64 • Set up stage 4 hour minimum @ $93.16 = $ 372.64 • Breakdown stage 4 hours minimum @ $93.16 = $ 372.64 • Total cost for event $ 1.117.92 Streets Division 1. Staff will deliver barricades to close "A" Avenue and the parking lots at Kimball Park and remove barricades when event is over. 2. Staff will post "no parking" signs in affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be: • "No Parking" signs 34 x $0.45 ea =$ 15.30 • Barricades 12 x $0.35 ea = 4.20 • Equipment 4 x $16.34 = 65.36 • Regular Hours 2 hrs x $32.57 = 65.14 • Overtime Hours 4 hrs x $48.86 = 195.44 • TOTAL = $ 345.40 Facilities Division • Electrician 10hrsOT@$33.32/hr =$ 333.20 • Custodians No involvement • Total cost for event = $ 333.20 Tables and chairs were not requested, but should there be any change Dwight will contact you. Fees Unless waived by the City Council, the applicant shall pay $1,543.46 for staff costs associated with this permit request. This cost was estimated as follows: Parks Division: $1,117.92 Street Division $ 345.40 Facilities Division $ 333.20 TOTAL $1,796.52 (Account#105-442-000-102-0000) (Account #001-422-221-102-0000) (Account #626-422-223-102-0000) RISK MANAGER (619) 336-4370 POLICE - 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. On 02/28/12, I received A TUP for "Cinco de Mayo Celebrating our Communities" scheduled for Sunday, May 5, 2012, from the hours of 1100 to 1700 hours in Kimball Park. An estimate of attendance by the event organizers is expected to be a crowd of approximately 1,500 people to include participants and spectators and the event will have live entertainment. I am concerned that the crowd could be larger due to live entertainment and we may have to adjust staffing for safety reasons based on further information received by the organizers on the performers performing and attendance size. As it stands now, this is a large gathering for a National City event. The event organizers list their plan for "Crowd Control" as, "We will have visible signage to direct crowd, trained volunteer security team and police presence during the festival" Therefore, it is reasonable and prudent for the City to require the use of NCPD officers for the event based on issues we have had in the past in Kimball Park. Using the standard concept of 2 officers per 1000 people (1 contact, 1 cover), there for, it is my recommendation that the organizer hire (4) NCPD officers for crowd control and security. The cost for park security for 4 officers for 6.5 hours per officer (6 hours in the park and 1/2 hour total for donning and doffing) for a total of 26 hours of overtime at a pay rate of $61.81 per hour for a total of $1607.06, a cost estimate will be attached to this report. Respectfully Submitted, Graham Young, Sergeant Traffic Division National City Police Department COMMUNITY SERVICES CS has no involvement- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20`h, 2012 WEM TITLE: Warrant Register #34 for the period of 02/15/12 through 02/21/12 in the amount of $2,510,998.87. (Finance) AGENDA ITEM NO. 18 PREPARED BY: K. Apalategui DEPARTMENT: Finan PHONE: 619-336-4331 APPROVED BY: G0.'1,. EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/15/12 through 02/21/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Kimley Horn and Assoc 300770 139,408.54 City of San Diego 300790 1,220,194.00 •G&E 300833 57,657.00 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Explanation Services/ WI-TOD, Nov 2011 Transportation & Treatment / Sewer Street Gas & Electric utilities Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,510,998.87 BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: rrant Register #34 PAYEE FRANK TOYOTA EQUIFAX INFORMATION SVCS FEDEX HARRIS & ASSOCIATES INC KIMLEY HORN AND ASSOC INC POWER PLUS SAN DIEGO CLIPPING SERVICE SAN DIEGO TROLLEY INC THE SOHAGI LAW GROUP PLC VERIZON WIRELESS ABCANA INDUSTRIES AED SUPERSTORE AIR RESOURCES BOARD AIRGAS WEST INC ASSI SECURITY INC BEST BEST & KRIEGER LLP BOOT WORLD VNTAG PACIFIC INC ,N COX MECHANICAL INC CA ASSOC OF CODE ENFORCEMENT CALIFORNIA ELECTRIC SUPPLY CARQUEST AUTO PARTS CHEVRON & TEXACO CITY OF CHULA VISTA CITY OF SAN DIEGO CLF WAREHOUSE COOPER'S PLUMBING & HEATING COUNTY PRO -FLAME COX COMMUNICATIONS D-MAX ENGINEERING DOCUMENT TECHNOLOGIES INC ESGIL CORPORATION FALLEN OFFICERS FUND FALLEN OFFICERS FUND FALLEN OFFICERS FUND FIRE ETC FOREIGN SPEEDO INC G & A AUTO AIR CONDITIONING GOVCONNECTION, INC. GOVERNMENT JOBS COM INC GRAINGER HAJOCA CORPORATION 2IS & ASSOCIATES INC C/O CITY OF EL CAJON HOME DEPOT CREDIT SVCS HONEYWELL INTERNATIONAL INC JERAULDS CAR CARE CENTER JOHN DEERE LANDSCAPES WARRANT REGISTER #34 2/21/2012 DESCRIPTION FOUR, 2009 TOYOTA PRIUS HYBRID EQUIFAX INFO SVCS / FY 2011-2012 EXPRESS MAIL CARRIER SERVICE / CDC 8TH ST. CORRIDOR, SERVICES / JAN 2012 WI-TOD, NOVEMBER EQUIPMENT RENTAL / CDC NEWS READING AND CLIPPING SVCS / CDC TROLLEY FLAGGING SERVICES LEGAL SVCS / CYAC VS CITY WIRELESS PHONE SERVICE / SEC 8 POOL CHEMICALS PER QUOTE #38908. PORTABLE EQUIPMENT CERTIFICATE MOP# 45714. HELIUM SENIOR CENTER ASSI INVOICE SD162- PERSONNEL ISSUES THROUGH 01/31/12 MOP 64096 WEARING APPAREL POOL CHEMICALS BCM HVAC MAINTENANCE / MIS CACEO MEMBERSHIP DUES MOP 45698 ELECTRICAL MATERIAL MOP 47557 MATERIALS & SUPPLIES MOP 45699 FUEL TUITION -POLICE MOTORCYCLE ACADEMY TRANSPORTATION/TREATMENT OF SEWER EXHAUST PIPE 1400X24 4 IN FLEX-24 "L PLUMBING SERVICES, REPAIRS REFUND/PERMIT TO INSTALL TANK COX COMMUNICATIONS DATA & VIDEO STORM WATER SERVICES, JANUARY LITIGATION COPIES AND BINDING PLAN CHECK SVCS FOR FIRE PLAN SO CAL GANG CONFERENCE-MEEKS SO CAL GANG CONFERENCE-AYDELOTTE SO CAL GANG CONFERENCE-SHEPHARD PER QUOTE #3575 SPEEDOMETER CHECKS COMPRESSOR CREDIT 48594193 ANNUAL SUPPORT 03/30/12-03/29/13 MOP 65179 PLUMBING MATERIAL PLUMBING PURCHASES MISC. CONCRETE IMPROVEMENTS, JANUARY FY12 MEMBER ASSESSMENT. FGL TDYGL-XL HONEYWELL AUTOMATION, PC SERVICES CONTROL ARM MOP 69277 PLANTING MATERIAL 1/2 CHK NO DATE AMOUNT 300766 2/20/12 1,049.25 300767 2/21/12 112.50 300768 2/21/12 69.61 300769 2/21/12 33,467.10 300770 2/21/12 139,408.54 300771 2/21/12 195.00 300772 2/21/12 71.25 300773 2/21/12 14.90 300774 2/21/12 797.50 300775 2/21/12 280.08 300776 2/21/12 1,034.21 300777 2/21/12 2,009.70 300778 2/21/12 570.00 300779 2/21/12 304.76 300780 2/21/12 980.00 300781 2/21/12 1,912.50 300782 2/21/12 116.35 300783 2/21/12 433.27 300784 2/21/12 150.00 300785 2/21/12 75.00 300786 2/21/12 474.82 300787 2/21/12 111.45 300788 2/21/12 344.26 300789 2/21/12 1,330.00 300790 2/21/12 1,220,194.00 300791 2/21/12 229.95 300792 2/21/12 75.00 300793 2/21/12 1,004.00 300794 2/21/12 49.70 300795 2/21/12 18,026.18 300796 2/21/12 546.99 300797 2/21/12 139.30 300798 2/21/12 80.00 300799 2/21/12 80.00 300800 2/21/12 80.00 300801 2/21/12 1,511.73 300802 2/21/12 45.00 300803 2/21/12 606.34 300804 2/21/12 6,258.69 300805 2/21/12 6,000.00 300806 2/21/12 731.17 300807 2/21/12 1,081.47 300808 2/21/12 540.00 300809 2/21/12 6,857.75 300810 2/21/12 451.22 300811 2/21/12 2,657.83 300812 2/21/12 2,557.52 300813 2/21/12 718.69 PAYEE KASEYA NORTH AMERICA KONE LASER SAVER INC LEAGUE OF CALIFORNIA CITIES LEAGUE OF CALIFORNIA CITIES LUKE MACHADO NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NATIONAL CITY TROPHY NATIONAL CONSTRUCTION RENTAL PADRE JANITORIAL SUPPLIES INC PERRY FORD PRO BUILD PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY ROAD ONE TOWING SAN DIEGO BMW MOTORCYCLES SDG&E SMART & FINAL SMART SOURCE OF CA LLC SOUTHWEST SIGNAL SERVICE SPERIAN STANLEY ACCESS TECHNOLOGIES STAPLES ADVANTAGE SYMPRO INC SYSCO SAN DIEGO TYLER TECHNOLOGIES INC UNION BANK PARS 6746022500 UNION TRIBUNE PUB CO UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES WALKSANDIEGO WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WESTNET, INC. WILLY'S ELECTRONIC SUPPLY WORTHINGTON DIRECT INC ZUMAR INDUSTRIES PAYROLL Pay period Start Date 4 1/24/2012 WARRANT REGISTER #34 2/21/2012 DESCRIPTION ANNUAL MAINTENANCE SUBSCRIPTION: ELEVATOR REPAIRS/MAINTENANCE MOP 45725 INK CARTRIDGE - FINANCE LEAGUE OF CA / CITY DUES 2012 2012 CITY ATTORNEYS SPRING CONFERENCE REFUND OF PERMIT REINSTATEMENT FEES REPLACEMENT FOR DIRECT DEPOSIT MOP 45735 AUTO PARTS R&M CITY VEHICLES CAR WASHES MOP 66556 R&M BUILDINGS TEMPORARY FENCING-1640 E PLAZA BLVD JANITORIAL SUPPLIES FOR NUTRITION R&M CITY VEHICLES MOP 45707 BUILDING MATERIALS CITYWIDE SEWER REHAB, JANUARY, 2012 MOP 45742 LAUNDRY SERVICE TOWING CHARGES R&M CITY VEHICLES STREET GAS & ELECTRIC MOP# 45756. SUPPLIES FOR FIRE DEPT BUSINESS CARDS - PD TRAFFIC SIGNAL & STREET LIGHTING ANNUAL CALIBRATION FOR POSI 3, SERIAL AUTOMATIC DOOR REPAIRS, SALES MOP45704 OFFICE SUPPLIES - FIRE ANNUAL MAINTENANCE 11/01/11-10/31/12 FOOD & CONSUMABLES FOR NUTRITION EDEN ANNUAL SUPPORT 01/01/12-12/31/12 DEFINED BENEFIT PLAN FOR ZAPATA ADVERTISING OF GEN PLAN UPDATE SWEEPER REPAIRS MOP 46453 PLUMBING MATERIAL NC SAFE ROUTES TO SCHOOL PROJECT JANITORIAL SUPPLIES MOP 63850 MATERIALS & SUPPLIES SPC1000 ONLINE UPSW WITH MOUNTING MOP 45763 AUTO PARTS STOCK # 96002 , 204 FOLDING CHAIRS R1-6 1236 P6M45— End Date 1/23/2012 Check Date 2/6/2012 2/2 CHK NO DATE AMOUNT 300814 2/21/12 3,700.00 300815 2/21/12 3,982.77 300816 2/21/12 260.89 300817 2/21/12 600.00 300818 2/21/12 595.00 300819 2/21/12 13.75 300820 2/21/12 95.00 300821 2/21/12 657.71 300822 2/21/12 197.69 300823 2/21/12 459.00 300824 2/21/12 40.24 300825 2/21/12 142.52 300826 2/21/12 107.71 300827 2/21/12 1,743.43 300828 2/21/12 36.10 300829 2/21/12 42,599.00 300830 2/21/12 215.03 300831 2/21/12 136 4 300832 2/21/12 31/ 300833 2/21/12 57,657.t.., 300834 2/21/12 243.21 300835 2/21/12 69.60 300836 2/21/12 10,418.48 300837 2/21/12 619.56 300838 2/21/12 1,213.86 300839 2/21/12 222.65 300840 2/21/12 4,770.00 300841 2/21/12 147.25 300842 2/21/12 46,205.68 300843 2/21/12 13,540.04 300844 2/21/12 3,225.60 300845 2/21/12 374.85 300846 2/21/12 108.52 300847 2/21/12 5,300.00 300848 2/21/12 4,536.98 300849 2/21/12 220.53 300850 2/21/12 2,100.00 300851 2/21/12 31.84 300852 2/21/12 1,792.54 300853 2/21/12 446.99 A/P Total 1,664,976.03 946,022.84 GRAND TOTAL $ 2,510,998.87 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINA 'CE CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SO1'ELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER 1 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 20`h OF MARCH, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20th, 2012 AGENDA ITEM NO. 19 _ _ EM TITLE: Warrant Register #35 for the period of 02/22/12 through 02/28/12 in the amount of $668,819.30. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finarc PHONE: 619-336-4331 APPROVED BY: EXPLANATION: ;Per Government Section Code 37208, attached are the warrants issued for the period of 02/22/12 through 02/28/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check AEP California LLC 300871 Dixieline Builders 300889 -alth Net 300900 kaiser Foundation 300904 Amount Explanation 88,243.58 Police vehicle build up 64,119.10 Expense Reimbursement Casa Quinta / Casa Familiar 61,761.75 Insurance R1192A/Mar 2012 163,903.76 Active Frith Insurance FINANCIAL STATEMENT: ACCOUNT NO. IN/AI ENVIRONMENTAL REVIEW: N// ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $668,819.30 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #35 PAYEE COUNTY OF SAN DIEGO DESROCHERS GEOSYNTEC CONSULTANTS INC KANE BALLMER & BERKMAN MAZZARELLALORENZANALLP NATIONAL CONSTRUCTION RENTAL S D UNIFIED PORT DISTRICT SAN DIEGO DAILY TRANSCRIPT SAN DIEGO DAILY TRANSCRIPT SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY THE SOHAGI LAW GROUP PLC THE STAR NEWS TIERRA WEST ADVISORS INC 1800-RADIATOR ADAMSON POLICE PRODUCTS ALIFORNIA LLC tY ENVIRONMENTAL SVCS AT&T MOBILITY BANK OF AMERICA PUBLIC & BONSUISSE INC BROADWAY AUTO GLASS BSN SPORTS CAPF CALIFORNIA LAW ENFORCEMENT CASA FAMILIAR CHILDREN'S HOSPITAL CHRISTENSEN & SPATH LLP CPL CABLE PIPE & LEAK DETECT DAY WIRELESS SYSTEMS DELTA CARE USA DELTA DENTAL DEPARTMENT OF TRANSPORTATION DEPT OF JUSTICE DIXIELINE BUILDERS ENVIRONMENTAL HEALTH COALITION FALLEN OFFICERS FUND G & A AUTO AIR CONDITIONING HAMILTON MEATS & PROVISIONS HANSON AGGREGATES PACIFIC SW HFALTH NET i NET L 1NET HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HOLLIS III „ 1�C�RPORhTED WARRANT REGISTER # 35 2/28/2012 DESCRIPTION DEPARTMENT OF ENVIRONMENTAL HEALTH RETIREE HEALTH BENEFITS MAR 2012 AS -NEEDED ENVIRONMENTAL CONSULTING LEGAL SERVICES AGREEMENT WITH KANE LEGAL SERVICES TO PURSUE INDEMNITY TEMPORARY FENCING, 1640 E PLAZA NC BAYFRONT/HARBOR DIST PLANNING SPEC #11-04 SPEC #11-04 TO PAY FOR GAS AND ELECTRIC UTILITIES MOP 45704 OFFICE SUPPLIES - S8 TO PAY WATER UTILITIES FOR CDC LEGAL AGREEMENT WITH THE SOHAGI LAW SPEC #11-04 COORDINATE DATA COLLECTION AND ENTR7 RADIATOR #103130L0 INV67185 EOTECH # MPO III, POLICE DEPARTMENT VEHICLE BUILD UP 130388874 50/50 COOLANT SECURE WIRELESS CIRCUIT / PD CAT LOADER EQUIP LEASE PMT #24 03/24/12 MILK AND DAIRY DELIVERY FOR NUTRITION DW01506GBY WINDSHIELD GREEN TINT/BLUE 1EA- (MSECOELEY) GAMECRAFT ELECTRIC FIRE/LTD MARCH 2012 PD/LTD MAR 2012 CASA QUINTA AFFORDABLE HOUSING CHILD ABUSE EXAMS AGREEMENT FOR AS -NEEDED LEGAL SVCS LOCATE LEAK ON 2" P V C. LINE OUTSIDE T6810, DIGITAL 9600 BAUD TRUCKING PKG PM' COBRA -DEC 2011 ACCT #373604 COBRA DENTAL INS DEC 2011 #09086-01002 HIGHWAY LIGHTING INVESTIGATIVE SERVICES CASA QUINTA, CASA FAMILIAR CDBG AGREEMENT W/ENVIRONMENTAL REGISTRATION SO CAL GANG CONFERENCE BLEND DOOR ACTUATOR MEAT DELIVERY FOR NUTRITION CENTER CLASS II BASE 3/4" CALT, TICKET HEALTH -FULL NETWORK 57135A MAR 2012 R1192F MAR 2012 57135F - EARLY RETIREE MAR 2012 HEALTH NET - N5992A HDHP INS N5992A MARCH 2012 INS R1192A MARCH 2012 HEALTH INS 57135J MAR 2012 REFUND - FROM FEB 2012 1/3 CHK NO DATE AMOUNT 300854 2/28/12 1,505.20 300855 2/28/12 110.00 300856 2/28/12 5,037.45 300857 2/28/12 2,077.50 300858 2/28/12 2,539.25 300859 2/28/12 142.52 300860 2/28/12 3,133.00 300861 2/28/12 279.10 300862 2/28/12 276.00 300863 2/28/12 198.18 300864 2/28/12 210.15 300865 2/28/12 19.90 300866 2/28/12 8,772.50 300867 2/28/12 386.94 300868 2/28/12 4,428.75 300869 2/28/12 134.85 300870 2/28/12 8,323.46 300871 2/28/12 88,243-58 300872 2/28/12 601.11 300873 2/28/12 399.46 300874 2/28/12 3,077.02 300875 2/28/12 603.52 300876 2/28/12 149.00 300877 2/28/12 650.55 300878 2/28/12 560.00 300879 2/28/12 1,579.50 300880 2/28/12 21,625.00 300881 2/28/12 184.00 300882 2/28/12 4,787.50 300883 2/28/12 270.00 300884 2/28/12 718 94 300885 2/28/12 109.48 300886 2/28/12 610.25 300887 2/28/12 5,117.80 300888 2/28/12 485 00 300889 2/28/12 64,119.10 300890 2/28/12 9,663.81 300891 2/28/12 240.00 300892 2/28/12 645.18 300893 2/28/12 756.19 300894 2/28/12 480.84 300895 2/28/12 4,481.65 300896 2/28/12 2,227.66 300897 2/28/12 1,382.69 300898 2/28/12 525.07 300899 2/28/12 525.07 300900 2/28/12 61,761.75 300901 2/28/12 1,349.01 300902 2/28/12 373.98 N1A - 2/3 PAYEE HUSK PARTNERS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS L1 IDENTITY SOLUTIONS LAW OFFICES OF DON DETISCH LOPEZ MAYER REPROGRAPHICS MCCUNE CHRYSLER JEEP METRO FIRE & SAFETY ORIENTAL TRADING CO INC PBS&J PEPPERBALL PERRY FORD PRO BUILD PRO -EDGE KNIFE RANDALL, JAMES RELIANCE STANDARD RODRIGUEZ SAFETY KLEEN SAN DIEGO HABITAT FOR HUMANITY SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET & LAB SUPPLY SASI SCEMA SKS INC STAPLES ADVANTAGE STARTECH COMPUTERS SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LINCOLN NATIONAL LIFE INS TIERRA WEST ADVISORS INC TRACY FORDS UNITED PARCEL SERVICE VALLEY DETROIT DIESEL ALLISON VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL W W GRAINGER WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZIONS BANK ACEDO ALLEN ANDERSON BEARD BECK BISHOP e N�:' - .,earn � F my., � 'fir Ciryt 1i- I1000RI'OitATE WARRANT REGISTER # 35 2/28/2012 DESCRIPTION CONSULTING SVCS 02/17 - 03/17/12 CITY SHARE 01/23/12, 02/06/12 COBRA DEC 2011 GRP #104220-0036 HD HSA ACTIVE FEB 2012 GRP 104220-005 INVESTIGATIVE SERVICES INV 15940/15941/15942 FEB 2012 TRANSLATION SERVICES FOR FY 2012 SPEC #11-07 LAMP TAIL #4857601-AM 10LB DRY CHEMICAL RECHARGE 1UN- EASTER TOOTSIE- WASTEWATER CONSULTANT SERVICES PART #PA-HPA-13, BOTTLE, HPA, 13 CUBIC MOP 45703 AUTO PARTS MOP 45707 MATERIALS & SUPPLIES KNIFE SHARPENING SERVICES / NUTRITION REFUND - FROM FEB 2012 VTL MARCH 2012 SUBSISTENCE - LEGAL UPDATE HAZARDOUS MATERIAL REMOVAL DDA WITH HABITAT FOR HUMANITY REGIONAL OFFICER TRAINING REGIONAL OFFICER TRAINING MOP 45753 K9 SUPPLIES - PD FLEXIBLE SPENDING ACCT#95058800 PART #M8923HX, MOTOROLA XTS3000 BLUE DEF 2.5 GAL BOTTLE MOP 45704 OFFICE SUPPLIES - PD MMOP 61744 PCI CARD/ADAPTOR FACILITIES WATER BILL FOOD & CONSUMABLES / NUTRITION LIFE & AD&D,STD, LTD INS -MAR 2012 DATA COLLECTION AND ENTRY WC CLAIM COSTS UPS SHIPMENT F/FILTER KIT A0000904251 MOP 46453 PLUMBING MATERIAL STRAY ANIMAL VET CARE ITEM #4GE26, TABLE, FOLDING, WHITE, CLEAR INVESTIGATIVE DATABASES MOP 63850 PLUMBING MATERIAL MOP 45763 LCD TRIPLITE UPS 27TH LEASE PYMNT FOR 800 MHZ EQUIP RETIREE HEALTH BENEFITS MAR 2012 RETIREE HEALTH BENEFITS MAR 2012 RETIREE HEALTH BENEFITS MAR 2012 RETIREE HEALTH BENEFITS MAR 2012 RETIREE HEALTH BENEFITS MAR 2012 RETIREE HEALTH BENEFITS MAR 2012 CHK NO DATE AMOUNT 300903 2/28/12 4,000.00 300904 2/28/12 163,903.76 300905 2/28/12 4,337.73 300906 2/28/12 3,282.76 300907 2/28/12 22.00 300908 2/28/12 6,717.11 300909 2/28/12 140.00 300910 2/28/12 118.94 300911 2/28/12 182.35 300912 2/28/12 384.27 300913 2/28/12 364.33 300914 2/28/12 4,726.00 300915 2/28/12 1,108.28 300916 2/28/12 604.77 300917 2/28/12 623.68 300918 2/28/12 46.00 300919 2/28/12 246.57 300920 2/28/12 2,42 300921 2/28/12 25 300922 2/28/12 1,448.19 300923 2/28/12 51,801.71 300924 2/28/12 54.00 300925 2/28/12 36-00 300926 2/28/12 275.18 300927 2128/12 548.00 300928 2128/12 3,639.00 300929 2/28/12 2,088.99 300930 2/28/12 1,746.90 300931 . 2/28/12 55.52 300932 2/28/12 10,655.58 300933 2/28/12 5,395.42 300934 2/28/12 8,235.79 300935 2/28/12 4,582.50 300936 2/28/12 3,402.00 300937 2/28/12 3.42 300938 2/28/12 345.15 300939 2/28/12 112.89 300940 2/28/12 178.00 300941 2/28/12 803.28 300942 2/28/12 412.80 300943 2/28/12 39.54 300944 2/28/12 426.51 300945 2/28/12 48,67 300946 2/28/12 16 300947 2/28/12 125.00 300948 2/28/12 110.00 300949 2/28/12 70.00 300950 2/28/12 140.00 300951 2/28/12 110.00 PAYEE BOYD CONDON CORPUZ DANESHFAR DEFRATIS DI CERCHIO DREDGE EISER HI GELSKEY GIBBS JR HANSON HODGES JAMES JEFFREY L SERVATIUS JUNIEL KAISER FOUNDATION HEALTH PLANS KIMBLE DECO MA I IENZO MC CABE MEDINA MURRAY MYERS NOSAL WILLIAM A OCHOA PAUU JR PEASE JR POST POTTER RAY ROARK ROE RUIZ SHORT STRASEN TRIVIZ URIAS ZIETLOW DN 8 HAPS PAYMENTS NAN IrtCOR OgATED WARRANT REGISTER # 35 2/28/2012 DESCRIPTION RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH HD HSA ACTIVE RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH RETIREE HEALTH Start Date 2/22/2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 MAR 2012 GRP 104220-0005 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 BENEFITS MAR 2012 End Date 2/28/2012 CHK NO 300952 300953 300954 300955 300956 300957 300958 300959 300960 300961 300962 300963 300964 300965 300966 300967 300968 300969 300970 300971 300972 300973 300974 300975 300976 300977 300978 300979 300980 300981 300982 300983 300984 300985 300986 300987 300988 300989 300990 DATE 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 2/28/12 A/P Total 3/3 AMOUNT 145.00 280.00 140.00 250.00 120.00 70.00 250 00 250.00 115.00 120.00 135.00 200.00 140.00 340.00 50.00 3,282.76 300.00 155.00 160.00 100.00 280.00 105.00 150.00 140.00 1,137.19 125.00 340.00 140.00 280.00 150.00 190.00 135.00 120.00 310.00 300.00 135.00 135.00 125.00 150.00 666,099.30 2,720.00 GRAND TOTAL $ 668.819.30 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SO"FELO-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 20th OF MARCH, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;March 20, 2012 AGENDA ITEM NO. 20 TEM TITLE: Public Hearing No. 1 of 2 on the allocation of U.S. Department of Housing and Urban Development (HUD) 2012 entitlement grant awards, program income, and funds remaining from completed projects to the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities for the 2012-2013 Action Plan (Administrative Services, Housing and Grants) PREPARED BY: Carlos J. Aguirre OS. DEPARTMENT: Admini ive Services PHONE: 1(619) 336-4391' APPROVED EXPLANATION: In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The 2010-2015 Consolidated Plan outlines the City's housing and non -housing community development needs and priorities over five years. The Third -Year Action Plan for FY 2012-13 outlines how the City intends to spend $778,762.00 in federal Community Development Block Grant (CDBG) and $251,533.00 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City is reprogramming $87,240.52 remaining from completed CDBG activities and allocating $531,765.07 in CDBG program income as well as reallocating $902,072.61 in uncommitted HOME Program funds and allocating $2,235,107.45 in HOME program income. A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 1, 2012 to review public comments received during a 30-day public review period (March 27, 2012 through April 25, 2012) of the draft FY2012-13 Annual Action Plan; and to provide interested persons and community groups with one last -pportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed for Y2012-13. After all public comments have been considered at the Public Hearing on Ma 1, 2012, the City Council will adopt the Third -Year Action Plan. � FINANCIAL STATEMENT: APPROVED: 7 +Mrs, Finance ACCOUNT NO. I APPROVED: MIS The City will receive $778,762.00 in CDBG Program and $251,533.00 in HOME Program funds for FY2013. In addition, the City will allocate to FY2013 activities $531,765.07 of CDBG program income in Fund 506 and $2,235,107.45 of program income in HOME Program Fund 505. The City will also reallocate $87,240.52 remaining from completed CDBG activities and $902,072.61 from uncommitted HOME funds to said activities. ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the Public Hearing and make recommendations for the CDBG and HOME funding allocations from the sources identified in the Financial Statement above. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: ttachment No. 1: FY2012-2013 National City CDBG and HOME Applications for Funding rttachment No. 2: FY2012-2013 Action Plan Timeline Attachment No. 3: 2010-2015 Housing and Community Development Priorities and Specific Objectives Attachment No. 4: Notice of Public Hearing, Attachment 1 Updated 3-15-12 FY 2012-2013 National City HOME & CDBG Applications HUD FY2012 CDBG Entitlement: $778,762.00 CDBG Program Income: $531,765.07 CDBG Previous Year Reallocation: $87,240.52 Total CDBG Available for FY2013: $1,397,767.59 HUD FY2012 HOME Entitlement: $251,533.00 HOME Program Income: $2,235,107.45 Uncommitted HOME Funds: $902,072.61 Total HOME Available for FY2013: $3,388,713.06 # 26 A•enc Name Habitat for Humanity Pro. ram Activi Acquisition Rehabilitation for Homeownershi• Program Amount Re•uested Minimum Re.uest $650,000.00 27 Community HousingWorks Reality & Lending Homebuyer's Downpayment Assistance Program- $ 200,000.00 28 City of National City Housing and Grants National City Owner -Occupied Rehabilitation Program $ 290,049.01 I _ 29 Paradise Creek Housing Partners, L.P./Community HousingWorks (CHDO) Predevelopment Loan for the West Side Transit Oriented Development Pro ect $2,000,000.00 N/A City of National City, Housing and Grants Program Administration $ 248,664.05 Lys rr1cA .(, `at .sl' li is i su..r�. �B �, �r `E�i e ri 1Y�^P tea) t"d rii!�'E;-�.re. l 1 City of National City, Community Services Department At Risk Youth After School Teen Program - "Supreme Teens" $ 20,000.00 $ 20,000.00 2 City of National City, Neighborhood Services Department Homeless Assistance Program $ 61,182.00 $ 61,182.00 3 Community Food Bank of National City Hunger Assistance Program $ 15,000.00 $ 10,000.00 4 City of National City, Community Services Department Learn to Swim $ 32,856.00 $ 32,856.00 5 City of National City, Public Library Literacy Services $ 52,000.00 $ 52,000.00 6 Meals -on -Wheels Greater San Diego, Inc. Meals -on -Wheels National City $ 10,000.00 $ 9,323.00 7 South Bay Community Services National City Police Department Support Services: Juvenile Diversion $ 20,000.00 $ 20,000.00 8 City of National City, Fire Department Public Access Defibrillator (PAD) Program $ 21,609.71 $ 14,785.55 9 Council of Philippine American Organizations of San Diego County (COPAO) "Seniors and Friends" or SAFFRON Project or SAF $ 75,000.00 $ 75,000.00 10 Burn Institute Senior Smoke Alarm Program $ 12,699.55 $ 8,530.80 11 City of National City, Community Services Department Tiny Tots $ 29,337.00 $ 29,337.00 12 Trauma Intervention Programs of San Die•o Count Inc. Trauma Intervention Program $ 8,000.00 $ 8,000.00 1. _ ..._ _ . _ ..,. .., _ - .., _. . .7 � a..�' � �1 _ems'-.-tuJ..t--' Page 1 of 2 Attachment 1 Updated 3-15-12 FY 2012-2013 National City HOME & CDBG Applications HUD FY2012 CDBG Entitlement: $778,762.00 CDBG Program Income: $531, 765.07 CDBG Previous Year Reallocation: $87,240.52 Total CDBG Available for FY2013: $1,397,767.59 HUD FY2012 HOME Entitlement: $251,533.00 HOME Program Income: $2, 235,107.45 Uncommitted HOME Funds: $902,072.61 Total HOME Available for FY2013: $3,388,713.06 # A enc Name Pro ram Activit Code Enforeem nt Amount Re uested 145,0 5: 50 Minimum Re uest $ . 1 ;05S.0 13 City of National City, Neighborhood Services Department Housing Inspection Program $ 145,055.00 $ 120,055.00 Interim Assistance $ 113,745.00 $ 113,745.00 14 City of National City, Neighborhood Services Department Neighborhood Preservation $ 113,745.00 $ 113,745.00 Housing Rehabilitation $ - $- 15 San Diego Habitat for Humanity Rehabilitation Projects for Affordable Homeownership See HOME Funding #26 Public Facility Improvements $ 493,814.83 $ 407,403.70 16 City of National City, Development Services Department ADA Improvements $ 300,000.00 $ 300,000.00 17 La Maestra Family Clinic, Inc. La Maestra Dental Clinic, National City $ 33,814.83 $ 27,403.70 18 Operation Samahan Inc. Samahan-Granger School Based Health Center Renovation $ 160,000.00 $ 80,000.00 I Public Infrastructure Improvements $ 700,000.00 $ 300,000.00 $ 700,060.00': $ 300,000.00 19 City of National City, Development Services Department Concrete Improvements to Upgrade Pedestrian Ramps, Sidewalk, Curb, and Gutter 20 City of National City, Development Services Department Pedestrian Safety and Accessibility Enhancements on Euclid Avenue Near Paradise Valley Hospital $ 100,000.00 $ 100,000.00 21 City of National City, Development Services Department Storm Drain Improvements $ 300,000.00 $ 300,000.00 jy 4 y s l° sss `l.4 .s� ,i' 7 r �_ 'fin .iti�, 1 �� F v .. i 3i.°ySST'r .r 1 Ss ' i`J * 4,� _KS.. ' 3 r i ?:. 'Y fN .._(1 r (- t. �. 5..Y6.�2.t.AM1 ,.' Section 108 Loan $ 457,222.50 -$ 457,222.50 22 City of National City, Fire Department Fire Station Construction/Section 108 Loan Payment FY11-12 $ 204,361.00 $ 204,361.00 23 City of National City, Fire Department Fire Station Construction/Section 108 Loan Pa ment FY12-13 $ 252,861.50 $ 252,861.50 •}. �, "t YF e• 9�y:n ° �u—l�l fiw �:_,...��aw`�?_, 5.�{.�,.j��*n��_..:,� A.�^..z� Y{F,1 3. vEt I` 0 �a AY.4� SdSn C v,. i Y. a�.M1 �_�.- &'r ie 'N' �' yN i..4u�&�� �J _�.:_e 4 bi d io . }pt �'t:t ./>✓i :'_�iu B.\. s Planning $ 72,000.00 $ 15;000.00' 24 City of National City, Community Services Department Neighborhood Councils Program $ 72,000.00 $ 15,000.00 Administration $ 247,105.41 . $. . 247,105.41' n/a City of National City, Housing & Grants CDBG Program Administration $ 209,105.41 $ 209,105.41 25 Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education $ 38,000.00 $ 38,000.00 r�I.:A."i"}ir.�i.f 3 1.k-• �� ,.. JAM, ...,7 ., a ,y ....i 4X°1 ,F:_li�y l^.i E-4,43,0A1 ?. /.1 _ 1,...,:-'611u iSR6-h]ivi.ktth• .5 :. d_ ..r_i. _. r_ _ '.� �: .a_�.. Page 2 of 2 Attachment No. 2 City of National City FY 2012-2013 Annual Action Plan Development Timeline U.S. Department of HUD CDBG and HOME Programs November 15, 2011 (Tuesday): City Council Presentation on the HUD Consolidated Plan Priorities and Annual Action Plan Process 6:00 pm November29, 2011 (Tuesday): FY 2012-13 CDBG/HOME Grant Funding Applications Available for Distribution City Hall Clerks Office, Finance Department Counter, and City of National City Website December 6, 2011 (Tuesday): CDBG/HOME Technical Assistance Workshop for Grant Applicants 10:00 a.m.- 12:00 p.m. MLK Center - South Mtg. Room January - March 2012 Drafting of FY 2012-13 Action Plan January 10, 2012 (Tuesday): CDBG/ HOME Application Submission Deadline Due by 2:00 p.m. at the City Clerks Office or at the Finance Department Counter February 7, 2012 (Tuesday): Distribution of CDBG/HOME Grant Application Binders to the City Council February 21, 2012 (Tuesday): CDBG/HOME Program Applicant Presentations 6:00 p.m. City Hall Council Chambers March 20, 2012 (Tuesday): City Council Public Hearing No. 1- Applicant Grant Funding Recommendations (Decision Making Meeting) 6:00 p.m. City Hall Council Chambers March 27, 2012 to April 25, 2012 Mandatory 30-Day Public Review FY 2012-13 Action Plan May 1, 2012 (Tuesday): City Council Final Public Hearing No. 2 - Approval of the FY 2012-13 Action Plan and revised Public Participation Plan 6:00 p.m. City Hall Council Chambers May 14, 2012 (Monday): Submission of the FY 2012-13 Action Plan to HUD Page 1 of 1 Attachment No. 3 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC HOUSING (H) PLAN PRIORITIES AND OBJECTIVES Priority H-1 Conserve and improve affordable housing Summary: In order to maintain quality structures and living spaces in National City, the City prioritizes single- family and multi -family rehabilitation programs to provide assistance for repairs and rehabilitation, especially for affordable housing stock. Objective 1: Minor Home Rehabilitation Provide funding for minor rehabilitation of 50 units. Objective 2: Ownership Housing Rehabilitation Program Provide funding (loans and rebates) to rehabilitate/repair 15 single-family housing units. Objective 3: Rental Unit Rehabilitation Program Provide loans to owners of rental housing to rehabilitate/repair 12 units, in return for a deed restriction to maintain units affordable. Objective 4: Housing Inspection Program Provide funding to assist 150 housing units with housing inspections that will provide technical assistance to property owners with regards to code enforcement and violations. Objective 5: Lead -Based Paint Hazard Reduction Continue to educate residents on health dangers of lead; require testing and lead hazard reduction in conjunction with rehabilitation. Priority H-2 Provide first-time homebuyer opportunities Summary: Develop program that will provide financial assistance through loans and/or grants to help first-time homebuyers. Objective 1: Provide homeownership assistance to 33 households. Priority H-3 Support new affordable housing construction Summary: City will work with for -profit and non-profit housing developers to acquire, rehabilitate, and construct new affordable housing units. Objective 1: Support the rehabilitation and/or construction of 50 affordable housing units. Priority H-4 Promote equal housing opportunity Summary: Contract with the Fair Housing Council of San Diego to perform investigation, reporting, monitoring, tenant counseling, and landlord training on fair housing law. Objective 1: Provide assistance to fair housing counseling and enforcement organizations. Annually evaluate services provided. Seek to assist 250 households. Objective 2: Actively advertise the services provided to National City residents in public locations. Objective 3: Continue to comply with the fair housing planning requirements of CDBG & HOME programs. Page I of 3 Attachment No. 3 Priority H-5 Preserve assisted housing at risk of converting to market rate Summary: Two projects with 260 federally assisted units are at risk of converting to market rate. City will implement the following objectives to conserve affordable housing stock at risk of conversion. Objective 1: Monitor units at -risk of converting to market rate. Objective 2: Establish contact with agencies interested in purchasing and/or managing units. Objective 3: Work with tenants and provide them with information of other affordable housing opportunities. Objective 4: Assist tenants of at -risk housing to obtain priority status for Section-8 if conversion to market rate. Priority H-6 Support housing and services for homeless and persons at -risk of homelessness Summary: National City if a part of the San Diego Continuum of Care System and addresses homeless issues in the community through the continuum of care model. The National City Housing Authority and CDBG funds can also be used to provide supportive services to the homeless and those at -risk of becoming homeless. Objective 1: Continue to support and participate in the San Diego Continuum of Care System. Objective 2: Coordinate with Emergency Food and Shelter Programs to bring funds into the region. Objective 3: Assist 300 persons by providing assistance to agencies and organizations that provide services to the homeless and/or persons at -risk of homelessness. Identified funding source: Homelessness Prevention and Rapid Re -Housing Program (HPRP) Page 2 of 3 Attachment No. 3 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC COMMUNITY DEVELOPMENT (CD) PLAN PRIORITIES AND OBJECTIVES Priority CD-7 Provide for new and improve existing community facilities Summary: CDBG funds may be used to improve and expand parks and recreation facilities, to assist in the construction, expansion, and/or rehabilitation of other non -City owned community facilities serving the City's low- and moderate -income population and people with special needs. CDBG funds may also be used for new fire facilities and equipment if needed. In the past, CDBG funds leveraged a Section 108 loan for these purposes. The City's 5-year Capital Improvement Plan (CIP) identifies capital project needs; some of these projects have been identified as priorities for the Consolidate Plan 5-year period, including improvements to be made with regard to ADA compliance. Objective 1: Pursue 3 improvement projects to parks, recreational. and community facilities annually, for a total of 15 projects during the five-year Consolidated Plan period. Objective 2: Continue to prioritize repayment of the Section 108 loan, allocating CDBG funds and program income. Priority CD-8 Provide for needed infrastructure improvements in low- and moderate -income areas Summary: Street and sidewalk improvements are needed in low- and moderate -income areas to support continued investment. In addition, flood control projects have been identified as priorities. Objective 1: Pursue 2 flood control and 15 street improvement projects. Priority CD-9 Provide for needed community and supportive services Summary: The public outreach process identified homeless and emergency food services, senior services, childcare, and especially youth services, and crime awareness/prevention as priority services. Objective 1: Pursue public services for lower -income and special needs populations as identified on a yearly basis. Assist 8,350 persons or households over the five-year Consolidated Plan period. Priority CD-10 Provide for necessary planning activities Summary: To ensure the effective use of limited CDBG and HOME funds, the City must allocate money towards planning and monitoring. Preparation of annual updates allows the City to address the community's changing needs. Continued outreach to low- and moderate -income households should be conducted as part of the CDBG program's required public participation process. Objective 1: Annually review implementation of Consolidated Plan and update Action Plan as necessary. Objective 2: Conduct monitoring of CDBG and HOME funded activities. Objective 3: Ensure understanding of changing community needs through coordination with the Neighborhood Councils. Objective 4: Support efforts to increase volunteerism in the community in order to assist in the removal of blight and increase community engagement. Page 3 of 3 Attachment No. 4 CAUFpvipi .. NATIONAL Orr PUBLIC NOTICE CITY OF NATIONAL CITY FIRST PUBLIC HEARING FOR THE DRAFT FISCAL YEAR 2012-13 ANNUAL ACTION PLAN In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The 2010-2015 Consolidated Plan outlines the City's housing and non -housing community development needs and priorities over five years. The Third -Year Action Plan for FY 2012-13 outlines how the City intends to spend approximately $778,762 in federal Community Development Block Grant (CDBG) and approximately $251,158 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City anticipates reprogramming an estimated $83,809 from previously funded CDBG activities and allocating $567,523 in CDBG program income as well as reprogramming an estimated $550,000 in HOME Program funds and allocating $2,250,000 in HOME program income. Notice is hereby given that the City Council of the City of National City will hold the first of two Public Hearings on Tuesday, March 20, 2012 at 6:00 p.m. The purpose of the Public Hearing is to provide the opportunity for public comment on the CDBG and HOME Program goals, priorities, and applications submitted for funding before City Council initiates their recommendation for funding activities in FY2012-13. The Consolidated Plan and a binder of applications submitted for funding are available for review at 1243 National City Blvd, National City, in the Office of the City Clerk. A second Public Ilearing will be conducted at the regularly scheduled City Council meeting on May 1, 2012 to review public comments received during a 30-day public review period (March 27, 2012 through April 25, 2012) of the draft FY2012-13 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed for FY2012-13. After all public comments have been considered at the Public Hearing on May 1, 2012, the City Council will adopt the Third -Year Action Plan. Public participation is an essential part in the development of the Annual Action Plan. Interested persons and community groups are invited to attend and participate at these hearings. Both Public Hearings will be held at the City of National Citv, City Hall Council Chambers, located at 1243 National City Boulevard, National City, CA 91950. For more information regarding this process, please contact the Housing and Grant Division at (619) 336-4391. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. 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. Asistencia en Espanol: Para que le interpreten la information en espanol, Ilame al (619) 336-4391. Leslie Deese, City Manager City of National City March 5, 2012 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO. 21 mM TITLE: Public Hearing — Conditional Use Permit for the sale of beer and wine at a proposed Wingstop restaurant at 932 Highland Avenue. (Applicant: Woody DeMayo) (Case File 2011-31 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: PHONE: 336-4313 APPROVED BY: EXPLANATION: Wingstop restaurant is requesting to offer beer and wine for on site consumption between the hours of 11:00 a.m. and midnight seven days a week. All alcohol products would be stored in the rear kitchen and storage area and would be served to the purchaser at the point of sale. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of February 21, 2012. Discussion focused on license concentration in the area, business operations, conditions of approval, and property signage. The Council set the item for hearing in order to further consider the application. 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 concurs with the decision of the Planning Commission and recommends that the Conditional Use Permit be approved. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit and Zone Variance. Ayes: Alvarado, DeLaPaz, Farias, Flores, Pruitt, Reynolds Nays: Baca ATTACHMENTS: Background Report 6. Census Tract Map Recommended Findings for Denial/Approval 7. Police Beat Map 3. Recommended Conditions 8. Department comments 4. Location Map 9. Applicants Plans BACKGROUND REPORT The project site is a part of a small commercial strip center located at the northwest corner of Highland Avenue and Plaza Blvd in the MXC-2 (Major Mixed -Use Corridor) zone. The whole center is developed with three buildings. The subject suite is located within the southernmost building, which is approximately 5,000 square feet in size. The 1,700 square -foot suite was formerly a wireless telephone store. There are 49 parking spaces distributed throughout the whole center, 21 of which are adjacent to the subject suite. The applicant is requesting to offer beer and wine for on site consumption between the hours of 10:30 a.m. and midnight seven days a week. All alcohol products would be stored in the rear kitchen and storage area and would be served to the purchaser at the point of sale. Most of the customer portion of the restaurant is shown on plans as seating area, providing 68 seats overall. The customer area is roughly half of the suite. Chapter 18.30 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Pursuant to Section 18.30.050 (C), a community meeting was held Monday, January 30, 2012 at 6:00 p.m. at the Clarion Hotel. The applicant states that all property owners and occupants within 660 feet of the store were notified by mail of the meeting, but that no-one attended the meeting. Per California State Alcoholic Beverage Control (ABC), there are currently eleven (11) on -sale permits issued in this census tract (117). These permits are: Name Address License Type* Trophy Lounge 999 National City Blvd. 48 Royal Mandarin 1132 E. Plaza Blvd. 41 Thomas H. Crosby VFW 1401 Highland Ave. 52 Golden Chopsticks 1430 E. Plaza Blvd. 41 Karina's 1705 Highland Ave. 41 Panda Palace 1105 E. Plaza Blvd. 41 Ginza Sushi 925 E. Plaza Blvd. 41 Lai Thai 1430 E. Plaza Blvd. 41 Cafe La Maze 1441 Highland Ave. 47 American Legion Post 255 35 E. 18th St. 52 Chuck E. Cheese's 1143 Highland Ave. 41 * Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place Type 48 - On -Sale General for Public Premises Type 52 - Veterans' Club Of the ten licenses, eight are restaurants, two are private licenses (VFW and American Foreign Legion), and the last a bar. i Census tract 117 includes the area of the City between East 8th and 18th Street, and between National City Blvd. and Palm Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of eight on -sale alcohol permits be issued in this census tract, where eleven exist. Chapter 18.030.050 (D), which applies with regard to distance requirements from other uses, requires a 660-foot distance from sensitive uses such as schools. As mentioned above, the property is located immediately adjacent to Otis Elementary School. However, restaurants with greater than 30% of their area devoted to seating (as applies in this case) are exempt from this distance requirement. Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 20) had a 2009 crime rate of 99.7%, below the 120% considered to be a high crime area. PD also provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Wingstop received 12 points, which would indicate a low risk. The Risk Assessment is attached. An assessment of the proposal was also received from the Institute for Public Strategies (IPS). Issues mentioned RBSS (Responsible Beverage Sales and Service) training, which is included as a Condition of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales (no sale of alcohol without food, annual reporting of food/alcohol sales). A condition has also been included to prohibit the delivery or take-out of alcohol. The Fire Department commented on the application and is requiring compliance with Fire Code (e.g., sprinklers, alarms, and signage). Planning Commission conducted a public hearing on February 6, 2012. No concerns were noted from area residents. Commissioners asked questions regarding PD comments and parking. Concerns were raised about community notification and proximity to schools. 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 February 21, 2012. Discussion focused on license concentration in the area, business operations, and property signage. There was also discussion regarding specific conditions included in previous applications. These conditions were related to alcohol being served in a bottle (beer) or a glass (wine), no "over ice" displays, and no happy hour. These conditions have been added as numbers 18, 19, and 20. The applicant also volunteered two additional conditions; no sale of alcohol without food, which is already included as condition no. 14, and sales hours of 11:00 a.m. to midnight rather than the previous 10:30 a.m. to midnight. Condition no. 11 has been modified in this regard. 2 The sale of alcohol for on -site consumption at Wingstop will contribute to the viability of a restaurant, a permitted use within the Major Mixed -Use zone. Conditions of Approval for the sale of alcohol are intended to reduce the potential for adverse effects on area uses. Although this CUP will provide current Conditions of Approval consistent with City policy, the census tract in which the business is located is over -concentrated with regard to on -sale alcohol licenses. Both findings for approval and denial are included with this report. 3 RECOMMENDED FINDINGS FOR APPROVAL 2011-31 CUP, 932 Highland Ave. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to a proposed restaurant use in an existing commercial area and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 Highland Avenue and Plaza Blvd. are classified as arterial streets in the Circulation Element, and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable mixed -use zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2011-32 CUP, 1539 Highland Ave. 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is already an over -concentration of on -sale alcohol licenses in census tract 117.00 in which the subject property is located. 2. The proposed use is not deemed essential and desirable to the public convenience and welfare since beer and wine are currently offered at eight other outlets within the same census tract. 3. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 4 RECOMMENDED CONDITIONS OF APPROVAL 2011-31 CUP, 932 Highland Ave. General 1. This Conditional Use Permit authorizes the on -sale of beer and wine within a restaurant located at 932 Highland Ave. Consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, case file no. 2011-31 CUP, dated 11 /23/2011 _ 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Fire 7. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of the National Fire Protection Association Codes and Standards. 8. Occupancy for the suite shall be an A-2 occupancy, as determined by the California Fire Code, 2010 edition, Chapter 9, Section 903.2.1.2. 9. If a sprinkler and/or alarm system is required, plans for such systems shall be submitted directly to the National City Fire Department. 5 10. Signage is required for all fire alarm and fire sprinkler coverage. Please consult with the National City Fire Department for City Fire requirements. Planning 11. The sale of alcoholic beverages shall be limited to between the hours of 11:00 a.m. and 12 a.m. (midnight) seven days a week. 12. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 13. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 14. Alcohol shall be available only in conjunction with the purchase of food. 15. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 16. No bar is permitted as part of this approval. 17. No live entertainment, karaoke, or dancing is permitted as part of this approval. 18. Beer shall be served by the bottle only and wine only by the glass. 19. "Over ice" displays of alcoholic beverages shall be prohibited. 20. No "Happy Hour", or other designated time where alcoholic beverages are sold at a discount, is allowed. Police 21. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 6 8th St Central Elementary 820 840 Plaza Blvd 00 815 845 MXC-2 903 927 943 a> 1000 < 1020 MXD-2 1100 m 0 w 1019 Subject Parcel — — — Zone Boundary I I I I Feet 0 100 200 400 APN: 556-592-19 Planning Commission Location Map 2011-31 CUP 7 01.25.11 0 a z n 106.02 cc City of National City CENSUS TRACTS SAN DIEGO CHUTA VISTA CORONADO: 0.5 1 (SAND Sepi 03 Sweg6i el Marsh;` alionahWddPfe Refu 'I..'{Mietl $inl¢S Naval s ion '-7—aa�w'os=a Y � i a .. y �' si \ rid v Y _- i -41 ' , '22 4rm ,� ,ti �� t tlP�57;�SS ,O 6 i ra soft Co oration andfunls suppLers II iyhts reservetl Portions 079a020051rislall9 hleltl 9oftwareLorporallon All rights reservetl ':_ lg and,tld�ct,on datal © 2005 NAVTEQ-All rights reservetl NA E-QYand NAV,TEQ ON BOARFjare trademarks o1NRVGEO.02005 Tele Atlas North',Ameic a, Inc d Telflil s and Tele Atlas RJlonh Amenc a. are 160emarkf{Tlele Allan,lnc. ;, P - 'F- ,. Naborcd City u Kimball Park. Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 20 9 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 12/2/2011 BUSINESS NAME: Wingstop Restaurant ADDRESS: 932 Highland Avenue, National City, CA 91950 OWNER NAME: Woody Demayo (Applicant) DOB: UNK OWNER ADDRESS: 26160 Rancho Manuella Lane, Los Altos, CA, 94022 (add additional owners on page 2) I. Type of Business Vi Restaurant (1 pt) 17 Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation i1 Daytime hours (1 pt) ❑ Close by l0pm (2 pts) 0 Close after 10pm (3 pts) III. Entertainment Pi Music (1 pt) Li Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (I pt) Vi Medium (2 pts) ❑ High (3 pts) V. Alcohol Businesses per Census Tract ❑ Below (1 pt) ❑ Average (2 pts) VI Above (3 pts) Notes: Revised: 11111 I of 2 10 National City Police Department VI. Calls for Service at Location (for previous 6 months) 17 Below (I pt) D Average (2 pts) L Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) D Mostly commercial businesses (1 pt) VI Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) VII1. Owner(s) records check 0 No criminal incidents (0 pts) ❑ Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) ABC Risk Assessment Low Risk ( 12pts or Tess) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 12 OWNER NAME: Jeffrey Silverman (Property Owner) DOB: UNK OWNER ADDRESS: 790 Estate Drive, Ste100, Deerfield, IL. OWNER NAME: Woody Demayo (Applicant) DOB: UNK OWNER ADDRESS: 26160 Rancho Manuella Lane, Los Altos, CA, 94022 Recommendation: There are currently eight (10) "On Sale" ABC Licensed establishments ABC concentration level allows for four (g), based on ABC guidelines the census tract is over concentrated. Please see attached documentation. Completed by: G. Young, Sergeant 2 of 2 Badge ID: 365 11 City of National City Fire Department Phone (619) 336-4550 Planning Department Plan Review Date: Project: Review: December 14, 2011 Wingstop R. Hernandez/Fire Marshal Listed plan corrections related to the National City Fire Department. If you have any questions please call (619) 336-4550. Please be advised: A fire Department permit will not he issued unless all corrections are completed and approved. 1) Project shall be built to code 2) The National City Fire Department utilizes all current codes and ordinances. A time of submittal, we were using the 2010 edition of the California Fire Code and the 2010 editions of NFPA 3) As this business will be expanding into additional building, please refer to the California Fire Code 2010 edition chapter 9 section 903.2.12 for an A-2 occupancy 4) If a sprinkler and alarm system is required, a direct submittal to the National City Fire Department is required 5) Signage will be required for all fire alarm and fire sprinkler coverage. Please consult with the National City Fire Department for AHJ requirements Note: Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances 12 r PEDE],RIAS PNE- upu WsiIE LEIDR. nm, n� \P0101. TXL'S-,g1:P6 EXHIBIT A CASE FILE NO. 2011-31 CUP DATE: 11/23/2011 /�). EXIST NG ACCESel5LE RAMR AT PARK NG 5E rt., YER.reD a. 1. -w m.ncv wo DOCIP,101ED PPP T. AANDLDED NPE DOSSA go -115117. C.01G v,>wRE,9 • EXISTING ACCESSIBLE PARKING SICsNAGE C• ADDENDS, A:(ESSIME PAM,. #C M E RWYCPFMe. uy�e CPcITwG rW NUOicgo <e^;sel®M11 is rue spa xeu ae P.Rw Rena. 0007o, ee eieL� veRP�Eo etn • r.e c�uL •••,, +xu�'mostottornu0r a yucaL er, tr FILE C6e �( D:i::DItl0.:.G' Da R.R ... r ~EXISTING PARKING CLAN \DL' 11Mu• NnPe Ecn as 00. .7, r.r-V 10A.EI waw rue 5,0S etc. ,L tr�ALL FNMA/0E DOOR. MO 61' r?P1,E PROPODED ARE. DE RESODEt Y�.L C?tRl DPP >B''fiM7 i1' 71'STC✓ACCE0518LL11 ie we x.Ce WCwtl PMc.Yv. Rpry •14 L.wDLGFJeo • ISPDPLAP ACCE505, P,.4[II D WP+. PPD 1a11W.18 aK ExbIYG AND WEL NEED 10 SE PELD rzs.ED e1 luE e w5 es,RaN wm waviDED e. `PE Last,,P+ WAECIPED aT�Y D7ER a.e81. 'y"rw. r C� a:x ,¢clrtn8ER.. GL'POp. J99JE6suDarE� 11,001ER /.14,D, REVIEW a BIDDING. SPEEi NWOER. 5P.1 Y36Wv 133n6 9'nCC9yi3in3e i AJIv3a a3NM1-/ a C 394, 91.4199110.CUj VZ'�'4ILS� NY1d LNar'dln�a-� u31+1se0 36 1TrR l 9Lc M0.9, 93:TON31lniwn W.ui�9f v G. m ,099H 1M iwiWancl a9i ca3a ..1.9.r.01 ie'TK 99P9 NJ LGCM}9aY 03 W A1 O. 90l A n1N 9NJ3 9r.OYAQlaO ll24 l �+31933i9. ca3lrvivda.a,.o aaliv.aw xo WL3vC naiero ✓J GI1a/` IGe0u3e 110 330.41aJ�N as CL3V�J A W3YBu Si•m m'slsn ♦lx.W_ad.33:uvm 39v1'w3 W wwyti�c vOLew 342 18IN 91.J.1.1 099 Gin30091a033099.69vn 6Vv 39..31..3 -913 ma 4uain Tu-5en 19ay9 and ONn 61v.31 vS:iwe vq warvwdHVeW Ci30i OM`3n�ro 3333e1.21 Nu iaJa aarly\d 3^9. tea a RIaKV c000 v�r9.09.91 n ThOi roo evwoo ca+�.3n3'. a3,wJ 59-9.14 a,.99 9413x a wzaa w• {o 3,, t 531ON _N3LdlnO3 1VNO111CV r 3nssl A1330s COOL IN7L2lod1-11 '1.L CN 3f91 r13ON ( � G �Gr tv �.� 60 Ii O (1i 1 ,Li; a oil C\ v 1 N3J NLOi,v 4' Y.� C � 1� �1 - - y 1 • sr- A1111"Z15NOd538 di V33: CM 1N39311N3Rd0O3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO. 22 mM TITLE: Public Hearing - Conditional Use Permit for the sale of beer and wine for off -site consumption at a new 7-Eleven to be located at 1539 Highland Avenue. (Applicant: William A. Adams) (Case File 2011-32 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Planning..__ PHONE: 336-4313 APPROVED BY: '- EXPLANATION: 7-Eleven is proposing to offer beer and wine for sale for off -site consumption as part of a proposed market location. The store will be open 24 hours a day, seven days a week but would be, at a minimum, restricted to alcohol sales hours of 6:00 a.m. to 2:00 a.m. by the state. Beer and wine will be stored in the last four of twelve reach -in coolers along the eastern wall of the store. A non -refrigerated wine & beer display is proposed on shelves nearby the coolers in the rear of the store. Coolers containing alcohol products will be locked after sales hours. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of February 21, 2012. Discussion focused on license concentration in the area, other franchise locations, hours of operation, and exposure to children and students. The Council set the item for hearing in order to further consider the application. 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 concurs with the decision of the Planning Commission and recommends that the Conditional Use Permit be approved. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit and Zone Variance. Ayes: Alvarado, Baca, Farias, Flores, Pruitt, Reynolds Nays: DeLaPaz ATTACHMENTS: Background Report Recommended Findings for Denial/Approval 3. Recommended Conditions 4. Location Map 5. Census Tract and Police Beat Map 6. E-mail letter and response 7. Department comments 8. Applicants Plans BACKGROUND REPORT The project site is the former Autozone, located at the northeast corner of Highland Avenue and East 16th Street in the Major Mixed -Use Corridor (MXC-2) zone. There is a church to the east and commercial uses to the north and south along Highland Avenue. The. approximately 10,000 square -foot property is developed with a 3,600 square -foot building and has 15 on -site parking spaces. The applicant is proposing to offer beer and wine for sale for off -site consumption as part of a proposed convenience store (7-Eleven). Alcohol sales are expected to be approximately 15% of total store sales. The store will be open 24 hours a day, seven days a week but would be, at a minimum, restricted to alcohol sales hours of 6:00 a.m. to 2:00 a.m.. by the state. For comparison purposes, a 7-11 approved earlier this year for alcohol sales was limited to sales hours of 6 a.m. to midnight. However, the applicant is requesting the maximum sales hours consistent with state requirements. Per the attached floor plan.(Exhibit A), beer and wine will be stored in the last four of twelve reach -in coolers along the eastern wall of the store (farthest from the sales counter). A non -refrigerated wine & beer display is proposed on shelves nearby the coolers in the rear of the store. According to the applicant, approximately 90% of all beer and wine products would be stored within the four rearmost coolers. Coolers containing alcohol products will be locked after sales hours. Based on information provided by the applicant, 7-Eleven has a rigorous training program for sales employees including the following: • "Come of Age" training — Includes online training modules for employees. It addresses verification of I.D. cards and identifying impaired customers. • Secret Shopper program — Approved third party contractors visit stores randomly to confirm that all company policies are being followed. Chapter 18.30 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Pursuant to Section 18.30.050 (C), a community meeting was held Monday, January 30, 2012 at 6:00 p.m. at the Chamber of Commerce. The applicant states that all property owners and occupants within 660 feet of the store were notified by mail of the meeting, but that no-one attended the meeting. Per California State Alcoholic Beverage Control (ABC), there are currently eight (8) off - sale permits issued in this census tract (117). These permits are: Name Big Lots Farmers Discount Market Seafood City Big Ben Market Address 1410 Plaza Blvd 1535 E 18th St 1420 Plaza Blvd 108 E 8th St License Type* 20 21 21 21 CUP? Y N Y N Wilson Liquor 916 E 8th St 21 Y Smart & Final 1220 Plaza Blvd 21 Y CVS 1201 Plaza Blvd 21 Y Wal-Mart 1100 Highland Ave 20 Y * Type 20 - Off -Sale Beer and Wine Type 21 - Off -Sale General (beer, wine, and distilled spirits) Of the eight licenses, six are are off -sale general (beer, wine, and distilled spirits) and two are off -sale beer and wine. Six of the eight outlets have Conditional Use Permits. Census tract 117 includes the area of the City between East 8th and 18th Street, and between National City Blvd. and Palm Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of four off -sale alcohol permits be issued in this census tract, where eight exist. Chapter 18.030.050 (D), which usually applies with regard to distance requirements from other uses, requires a 660-foot distance from sensitive uses such as schools. However, outlets not selling alcohol products as a primary offering (as applies in this case) are exempt from these distance requirements. The nearest school is John Otis Elementary, which is located approximately 400 feet away to the southwest, across Highland Avenue. Crime statistics provided by PD indicate that the reporting area (Beat 21) had a 2009 crime rate of 109.7%, below the 120% considered to be a high crime area. PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, 7-11 received 11 points, which would indicate a low risk. The Risk Assessment is attached. An assessment of the proposal was also received from the Institute for Public Strategies (IPS). Issues mentioned were alcohol outlet concentrations in the area, surrounding uses, RBSS (Responsible Beverage Sales and Service) training, and prohibiting the sale of high risk product (single sales and three -packs). RBSS training is required per Conditions of Approval. The no three -pack suggestion would have to be addressed by Council as the recently approved Council alcohol policy allows for manufacturer's pre -packaged three -packs of 24-oz cans. Only Council can modify conditions required by the policy, although Planning Commission can recommend such modification to the Council as part of their recommendation. Standard Conditions of Approval have been included with this permit, as well as conditions specific to off -sale alcohol sales (no single sales, cup and ice prices, and signage). There are also conditions requiring coolers containing alcohol products to be locked after sales hours and for video surveillance equipment to be installed. Planning Commission conducted a public hearing on February 6, 2012. A neighboring community member indicated that their previous concerns had been addressed by the applicant. Commissioners asked questions regarding conditions and other 7-Eleven locations. Concerns were raised about community notification, proximity to schools, and alcohol license concentration. 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 February 21, 2012. Discussion focused on license concentration in the area, other franchise locations, hours of operation, and conditions of approval. Questions were also raised regarding the hours of alcohol sales at other 7-Eleven franchises in the City. There are currently seven 7-Eleven's in National City: • 3100 Plaza Blvd. • 1601 East 81h Street • 807 East 8"' Street • 2400 Highland Ave. • 2425 Sweetwater Rd. • 15 North Euclid Ave. • 151 North Highland Ave. All but the 151 North Highland location have lawful nonconforming alcohol licenses (no Conditional Use Permit). The conforming location, which was approved in 2011, was restricted to alcohol sales hours of 6:00 a.m. to midnight. Since the original public hearing at Planning Commission, an e-mail was received by the City with concerns over the new 7-Eleven .location. The e-mail letter is attached, as is an e-mail response to the letter from the applicant. The sale of alcohol for off -site consumption at a proposed 7-11 will contribute to the viability of a convenience store, a permitted use within the Major Mixed -Use zone. Conditions of Approval for the sale of alcohol are intended to reduce the potential for adverse effects on area uses. Although this CUP will provide current Conditions of Approval consistent with City policy, the census tract in which the business is located is already contains twice the recommended ABC licenses and is, as such, over -concentrated with regard to off -sale alcohol licenses. Findings for approval and denial are included with this report. Council has the option of approving or denying the application based on these findings, and also based on findings to be determined by Council at the public hearing. RECOMMENDED FINDINGS FOR APPROVAL 2011-32 CUP, 1539 Highland Ave. 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to an existing convenience store use in an existing commercial area and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 Highland Avenue is classified as an arterial street in the Circulation Element, and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. That the proposed use is deemed essentialand desirable to the public convenience and welfare, since it will contribute to the viability of a convenience store, an established and allowed use in the applicable commercial zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2011-32 CUP, 1539 Highland Ave. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is already an over -concentration of off -sale alcohol licenses in census tract 117.00 in which the subject property is located. The proposed use is not deemed essential and desirable to the public convenience and welfare since beer and wine are currently offered at eight other outlets within the same census tract. 3. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 2011-32 CUP, 1539 Highland Ave. General 1. This Conditional Use Permit authorizes the off -sale of beer and wine from a convenience store located at 1539 Highland Ave. Plans submitted for permits associated with this project shall conform with Exhibits A, Case File No. 2011-32 CUP, dated 11 /30/2011. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Planning 7. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 8. No beer products shall be sold of less than manufacturer'.s pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 9. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 5 11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 12. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 13. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 14. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2011-29 CUP, dated 11/02/2011. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. 15. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 16. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 19. All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 20. The sale of alcoholic beverages shall be prohibited between the hours of 2 a.m. and 6 a.m. 21. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 2:00 a.m. and 6:00 p.m. 1 i 22. No coin operated amusement devices shall be operated on the licensed premises. This restriction is intended to discourage loitering by those interested in or involved in purchasing alcoholic beverages and do not apply to coin operated rides in the front vestibule of the store intended to cater to children. 23. As part of this permit, security cameras shall be installed on the premises. Police 24. 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. • 1M _RM-3 1440 46 1443 1501 RS-2 1509 rn •mr 1515 1442 1502 •^4 1‘..) Q1 1528 1548 E 16th St RM-2 1610 1630 1441 1432 1440 E 15th St: 1515 1519 MXC-2 RS-2 1605 CO 41, 1611 1619 1616 1618 1641 1622 (0 1•3 0) RM-2 Subject Parcel Zone Boundary 1IFeet 0 75 150 300 APN: 561-040-C11 Planning Commission Location Map 91 11111 2011-32 CUP 012511 City of National City CENSUS TRACTS -- a�cv��I $ap- leg°H Omma-.=-JL r\' 1� UyF ti + , 1 ti '�er 1 ` f V 4 t11 \ Q1 . vxi ,_ . opyrlght ©'�nd (P) 19�86'2006 Micro�solt C4orpgc 4olyandlor it5'uppkerS4Nl rlghtsTres erred CtrwammapptngaFfd dIec11b0=data a1r5A Ad'EQ Rll rights' ct°le d y9V E�5nb4,c. • All rights tEsewed Tplegtlas:and'laele'I5odh JAms�'nca areVatlera�aYks afTele Alias Inc., Source: Microsoft Mappoint NCPD CAU, 4/18/07 1\-ow ` �; E 11 \\ A� A lr stwn. All rghseserve,d oo s©1990 70ntatlSo�wareCopaANohAericaD3e tradmwks yrNAVFE15,, , 2005 Tele City of National City Beat 21 ,1 Page 1of2 Luis Natividad From: Paul Morrow [paulm711@att.net] Sent: Sunday, February 12, 2012 10:21 PM To: Luis Natividad Subject: Proposed 7-Eleven @ Highland & 16th Street. Hello Mr Natividad, My name is Paul Morrow and I am a 7-Eleven Store Franchisee in National City for the past 11 years. I have had the pleasure of serving you a quite few times in the past as a customer. It is people like you and your neighbors, whose patronage small business owners like me cherish. I have had a wonderful time in National City all these past years and getting involved in the community has brought us closer to a lot of wonderful people in our community as well. I have earned a living for myself and my family (wife and 2 daughters and my parents) all these past years from my store on 18th Street. I have other neighbors (7-Eleven Stores) in the vicinity, namely 24th & Highland and 8th & Highland who have been involved in their respective stores and have supported their families and the community as well. Well, our livelyhoods are being threatened by our own Franchisor (7-Eleven, Inc.) because they are trying to build another store in the middle of our three stores (@ 16th & Highland). I know you might be wondering why I would go against my own Franchisor, but the sad truth is that we are merely numbers in their files and happen to be at the bottom of the chain in their books. You might even think that if I don't like the company, why don't I leave. That is because even if I tried to sell today, I will not be able to recover my investment and there are not any buyers forthcoming due to some drastic changes._made in the franchise _agreement lately._I came to National City and I intend to retire_ from this location. In todays financial environment, real estate is affordable, rent is lower. In this race to increase their store count and get cheaper rent, our Corporate masters in Tokyo have decided that Franchisees no longer have the 1/2 mile encroachment protection from 7-Eleven and therefore we, the long term Franchisees have now the misfortune of competing with our own 7-Eleven stores. Case in point: Sweetwater Road. There are two 7-Elevens within 1/4 mile of each other. Now this proposed 7-Eleven is being advertised on the 7-Eleven website as one with a Beer & Wine License also. How can a business get a NEW Beer & Wine License when there is a Church immediately next door to it? My Store and the other two of my neighboring 7-Elevens share the customers in this neighborhood. By adding another store to the same pie, everyones share gets smaller. 7-Eleven has said that they are adding jobs. I beg to differ. If the existing 3 7-Eleven stores around this proposed site are negatively impacted, we will have to lay off some of our employees too. So the net effect will be zero. Another 7-Eleven store in a part of National City where there is none would be a better idea. As a responsible community leader, your support in opposing this ongoing onslaught on our livelyhoods by the mighty Franchisor will be greatly appreciated. Please ask your colleagues in the city council to vote NO and help restore common sense in this business environment. I thank you in advance for your time and efforts. Sincere regards, 2/28/20.12 1/ Page 2 of 2 Paul Morrow 7-Eleven Food Stores LGO1 E I Sth Street National City, CA 91950. 619-398-671.0 P.S. Please call me anytime you have any questions about my letter. I will gladly answer to the best of my ability. /)4P)h1`) Page 1 of 2 Martin Reeder From: william adams [wadams@nmalawfirrn.com] Sent: Wednesday, March 07, 2012 10:52 PM To: Martin Reeder Cc: Abreu, Ivan; Sliwinski, Matthew; Stephen.Oliver@7-11.com Subject: Re: 7-Eleven letter Follow Up Flag: Follow up Flag Status: Red Dear Mr. Reeder: Thank you for the copy of the letter. While business competition is not a valid public policy consideration in the review of a beer and wine CUP, please note that the fundamental factual premise of Mr. Morrow's complaint is incorrect. Mr. Morrow bases his complaint in large part on the following comment: "... franchisees no longer have the 1/2 mile encroachment protection from 7- Eleven therefore we, the long term Franchisees have now the misfortune of competing with our own 7- Eleven stores." I measured the distance of all three stores from the new store. They are all a 1/2 mile or more from the new store. So he in fact acknowledges that he had every reason to anticipate the new store. You can easily confirm this via Google Earth. You may want to include this key fact in your staff report. This email communication may contain CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you are not the intended recipient and have received this communication in error, please immediately notify us by reply email, delete the communication and destroy all copies. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is riot intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. William A. Adams, APC NORTON, MOORE, & ADAMS, LLP 525 "B" Street, Suite 1500 San Diego, CA 92101 Ph: (619) 233.8200 Fx: (619) 231-7595 Email: wadams@nmalawfirm.com 3/12/2012 t3 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 12/28/2011 BUSINESS NAME: 7/11 ADDRESS: 1539 Highland Avenue, National City, CA, 91950 OWNER NAME: William A. Adams (Applicant) DOB: Unk OWNER ADDRESS: 525 "B" Street, San Diego, CA, 92101 (add additional owners on page 2) I. Type of Business ❑ Restaurant (1 pt) VI Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) ❑ Close by l0pm (2 pts) VI Close after l0pm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate VI Low (1 pt) ❑ Medium (2 pts) ❑ High (3 pts) V. Alcohol Businesses per Census Tract ❑ Below (1 pt) ❑ Average (2 pis) 0 Above (3 pts) Notes: Revised: 11/I 1 1 of 2 National City Police Department VI. Calls for Service at Location (for previous 6 months) V Below (1 pt) ❑ Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (1 pt) 0 Some businesses, some residential (2 pts) 0 Mostly residential (3 pts) VIII. Owner(s) records check fINo criminal incidents (0 pts) 0 Minor criminal incidents (2 pts) C Multiple/Major criminal incidents (3 pts) ABC Risk Assessment Low Risk ( 12pts or less) Medium Risk (13 -- l8pts) High Risk (19 — 24pts) Total Points 11 OWNER NAME: William A. Adams (Applicant) DOB: Unk OWNER ADDRESS: 525 "B" Street, San Diego, CA, 92101 OWNER.NAME: Greg Velasquez (Property Owner) DOB: Unk OWNER ADDRESS: 828 Prospect Street #E, La Jolla, CA, 92037 Recommendation: Census tract 117 currently has 19 ABC Licensed businesses. There are 2 of the 19 that are attempting to modify licenses types (Chuck E Cheese and Wal Mart) and 1 other business applying for a new license (Wing Stop), this would make 20 ABC Licenses in census tract 117, 8 more than allowed by ABC in this census tract. Census Tract 117 is designated to have 12 ABC licenses. With Wing Stop and this new 7/11, the total of ABC license types in census tract would be 21, 9 over the designated amount of 12 set forth by ABC. Completed by: Graham Young, Sergeant Badge ID: 365 2 of 2 15 EXHIBIT A CASE FILE NO. 2011-32 CUP DATE: 11/30/2011 H FA Attr is IS 111, os-rr i; I "It FOR REVIEW ONLY SITE FLAN CONCEPT-1 • FASTING ADJACENT BUILDING Cx 4 EXTERIOR ELEVATION - SOUTH (E 16TH ST) 1 � W / )'F , EXTERIOR ELEVATION - WEST (HIGHLAND AVE) MEttiv/4v'ci w,vMuf enQYrvfV+x 3 }EXTERIOR ELEVATION - EAST EXTERIOR ELEVATION - NORTH EXISTING ADJACENT BUILDING oefAILIG iv,vn DECI. at CS Lawn TN EC« ti 1 EALERIGR EL[VPi1GN5 A1.0 0 �i'I Illy 7rtr `-- ,aSwaa { T 001 LAVAle 0 nuo 0 0 zEEL ;• FLOOR PLAN (ALCOHOL SALES) MEOW OSE X' II *11- au ,rtr iHh GOOIER 11 au JLI IIII mr hHl 14. LW wCMEMss 1ES[I1OOM OFFICE Ba0MMOM E OM FLNAtLON PRW[H IllaS owls Ma IN, >,.nF sonso, o.ti ogn.m 11) FLO. PLAN A101 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO. 23 �M TITLE: Resolution taking action on a Conditional Use Permit for the sale of beer and wine at a proposed Wingstop restaurant at 932 Highland Avenue. (Applicant: Woody DeMayo) (Case File 2011-31 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Plan PHONE: 336-4313 APPROVED BY: EXPLANATION: The City Council conducted a hearing on this item at the March 20, 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 / COMMISSION RECOMMENDATION: ATTACHMENTS: iolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT A PROPOSED WINGSTOP RESTAURANT LOCATED AT 932 HIGHLAND AVENUE. WHEREAS, the National City Planning Commission considered a Conditional Use Permi ("CUP") for the sale of beer and wine at a proposed Wingstop restaurant located at 932 Highland Avenue at a duly advertised public hearing held on February 6, 2012, 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. 2011-31 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 CUP for the sale of beer and wine at a proposed Wingstop restaurant located at 932 Highland Avenue by a vote of 6 to 1 in favor of approval; and WHEREAS, a Notice of Determination was before the City Council on February 21, 2012, and a public hearing was set for March 20, 2012; and WHEREAS, the City Council considered a CUP for the sale of beer and wine at a proposed Wingstop restaurant located at 932 Highland Avenue at a duly advertised public hearing held on March 20, 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. 2011-31 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 March 20, 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 proposed use is an accessory use to a proposed restaurant use in an existing commercial area, and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 Resolution No. 2012 — March 20, 2012 Page Two use, since Highland Avenue and Plaza Boulevard are classified as arterial streets in the Circulation Element, and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties since the proposed use will be compatible with other nearby businesses, and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable mixed -use zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: GENERAL 1. This Conditional Use Permit authorizes the on -sale of beer and wine within a restaurant located at 932 Highland Avenue. Consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit "A", Case File No. 2011-31 CUP, dated November 23, 2011. 2. 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 to the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division of the Community Development Department. 3. This permit shall become null and void if not exercised within one year after adoption of this Resolution of approval, unless extended according to procedures specified in the National City Municipal Code. 4. This permit shall expire if the use authorized by this Resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner, both, shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its Resolution No. 2012 — March 20, 2012 Page Three receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. FIRE 7. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of the National Fire Protection Association Codes and Standards. 8. Occupancy for the suite shall be an A-2 occupancy, as determined by the California Fire Code, 2010 edition, Chapter 9, Section 903.2.1.2. 9. If a sprinkler and/or alarm system is required, plans for such systems shall be submitted directly to the National City Fire Department. 10. Signage is required for all fire alarm and fire sprinkler coverage. Please consult with the National City Fire Department for City Fire requirements. PLANNING 11. The sale of alcoholic beverages shall be limited to between the hours of 11:00 a.m. and 12 a.m. (midnight) seven days a week. 12. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales ("RBSS") training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control ("ABC"). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 13. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 14. Alcohol shall be available only in conjunction with the purchase of food. Resolution No. 2012 — March 20, 2012 Page Four 15. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 16. No bar is permitted as part of this approval. 17. No live entertainment, karaoke or dancing is permitted as part of this approval. 18. Beer shall be served by the bottle only, and wine only by the glass. 19. "Over Ice" displays of alcoholic beverages shall be prohibited. 20. No "Happy Hour" or other designated time where alcoholic beverages are sold at a discount, is allowed. POLICE 21. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 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 20th day of March, 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: March 20, 2012 AGENDA ITEM NO. 24 EM TITLE: Resolution taking action on a Conditional Use Permit for the sale of beer and wine for off -site consumption at a new 7-Eleven to be located at 1539 Highland Avenue. (Applicant: William A. Adams) (Case File 2011-32 CUP) PREPARED BY: Martin Reeder, AICP PHONE: 336-4313 DEPARTMENT: Pla APPROVED BY: EXPLANATION: The City Council conducted a hearing on this item at the March 20, 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 / COMMISSION RECOMMENDATION: ATTACHMENTS: volution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF -SITE CONSUMPTION AT A PROPOSED 7-ELEVEN TO BE LOCATED AT 1539 HIGHLAND AVENUE WHEREAS, the National City Planning Commission considered a Conditional Use Permit for the sale of beer and wine for off -site consumption at a proposed 7-Eleven to be located at 1539 Highland Avenue at a duly advertised public hearing held on February 6, 2012, 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. 2011-32 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 the sale of beer and wine for off -site consumption at a proposed 7-Eleven to be located at 1539 Highland Avenue by a vote of 6 to 1 in favor of approval; and WHEREAS, a Notice of Determination was before the City Council on February 21, 2012, and a public hearing was set for March 20, 2012; and WHEREAS, the City Council considered a Conditional Use Permit for the sale of beer and wine for off -site consumption at a proposed 7-Eleven to be located at 1539 Highland Avenue at a duly advertised public hearing held on March 20, 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. 2011-32 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 March 20, 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 proposed use is an accessory use to an existing convenience store use in an existing commercial area and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 Resolution No. 2012 — March 20, 2012 Page Two use, since Highland Avenue is classified as an arterial street in the Circulation Element, and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses' and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a convenience store, an established and allowed use in the applicable commercial zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: GENERAL 1. This Conditional Use Permit authorizes the off -site sale of beer and wine from a convenience store located at 1539 Highland Ave. Plans submitted for permits associated with this project shall conform with Exhibit "A", Case File No. 2011-32 CUP, dated November 30, 2011. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees to the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the Planning Division of the National City Development Services Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the National City Municipal Code. 4. This permit shall expire if the use authorized by this Resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner, both, shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its Resolution No. 2012 — March 20, 2012 Page Three receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney, and signed by the Development Services Director prior to recordation. PLANNING 7. The sale of beer or malt beverages in quantities of quarts, 22-ounces, 32-ounces, 40- ounces, or similar size containers is prohibited. 8. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 -unce cans per sale. There shall be no sale of single cans or bottles. 9. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four - pack or other manufacturer's pre -packaged multi -unit quantities. 11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 12. All cups and containers shall be sold at or above prevailing prices and in their original multi - container packages of no fewer than 12, and no cups and containers shall be given free of charge. 13. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 14. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2011-29 CUP, dated 11/02/2011. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. 15. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." Resolution No. 2012 — March 20, 2012 Page Four 16. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the National City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 19. All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a National City business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 20. The sale of alcoholic beverages shall be prohibited between the hours of 2 a.m. and 6 a.m. 21. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 2:00 a.m. and 6:00 p.m. 22. No coin operated amusement devices shall be operated on the licensed premises. This restriction is intended to discourage loitering by those interested in or involved in purchasing alcoholic beverages and do not apply to coin operated rides in the front vestibule of the store intended to cater to children. 23. As part of this permit, security cameras shall be installed on the premises. POLICE 24. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2012 — March 20, 2012 Page Five 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 20th day of March, 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: March 20, 2012 AGENDA ITEM NO. 25 EM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for liquor and beer sales at Wal-Mart located at 1100 Highland Avenue. (Applicant: Wal-Mart Stores, Inc.) (Case File 2011-29 CUP) PREPARED BY: Martin Reeder, AICP PHONE: 336-4313 EXPLANATION: The project site is the Wal-Mart store located at the southwest corner of Highland Avenue and Plaza Boulevard. Wal- Mart is currently approved for the sale of only non -refrigerated wine between the hours of 8 a.m. and 10 p.m. daily. The applicant wishes to add the sale of beer and distilled spirits to their existing CUP. Beer would be stored in the existing wine display at the rear of the store and distilled spirits (liquor) in locked areas near the cash registers. Conditions include securing the beer and wine aisle after sales hours (for extended holiday hours), locking caps on liquor bottles, and no sales of liquor in less than 750 ml quantities. DEPARTMENT: P APPROVED BY: Planning Commission conducted public hearings on February 6 and March 5, 2012. Three community members spoke against the proposal, citing safety, regional effects, and exposure of alcohol to children as issues. Commissioners asked questions regarding findings, conditions, and crime.. Concerns were raised regarding the proximity to schools and alcohol license concentration. The Commission voted to approve the CUP based on required findings and subject to conditions of approval. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD t COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Baca, Farias, Flores, Pruitt, Reynolds Nays: Alvarado, DeLaPaz ATTACHMENTS: Location Map 4. Resolution No. 6-2012 Planning Commission Staff Report 5. Reduced Plans 3. Continued Planning Commission hearing staff report 6. Applicant's Presentation MXC 2 RS-2 CO •KI- 1Q2T' 1048 1102 1110 1118 1T 4 1132 co 1 • Central 1019 1101 RM-2 RM-3 1213 Subject Parcel — — Zone Boundary Elementary Plaza Blvd 1320 1320 OD 920 1020 31 0 N O) 30 1019 1199 1205 i 1225 y� 1 1 1231' N 1 • 1245 MXC-2 -0:1, RS-2 1 1309 co 1326 13291 1 1 I 0 125 250 I Feet 500 APN: 56-560-41 Planning Commission Location Map 2011-29 CUP 01.25,11 Title: Item no. 2 February 6, 2012 219-954.0pA7ED CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING - CONDITIONAL USE PERMIT FOR THE ADDITION OF LIQUOR SALES TO AN EXISTING BEER AND WINE LICENSE AT WAL- MART LOCATED AT 1100 HIGHLAND AVENUE. Case File No.: 2011-29 CUP Location: Southwest corner of Highland Ave. and Plaza Blvd. Assessor's Parcel No.: 556-560-41 Staff report by: Martin Reeder, AICP — Assistant Planner Applicant: WaI-Mart Stores, Inc. Property owner: Wal-Mart Real Estate Business Trust Zoning designation: MXD-2 (Major Mixed -Use District) Parcel size: 14.62 acres Adjacent land use/zoning: North: Commercial and Central Elementary School across Plaza Blvd. / MXC-2 and I East: Commercial center across Highland Ave. / MXD-2 South: Commercial center / MXD-2 West: Single and multi -family homes / RM-2 Environmental review: Exempt pursuant to Section 15301 (Existing Facilities) 2 BACKGROUND Site Characteristics The project site is the Wal-Mart store located at the southwest corner of Highland Avenue and Plaza Boulevard in the Major Mixed -Use District (MXD-2) zone. The store includes an approximately 136,000 square foot building with an attached outdoor nursery, located on the northwestern portion of the 14.6-acre site. A large parking lot that wraps around the east and south facing sides of the building and additional parking for employees and loading areas are located at the rear. The site is surrounded by primarily commercial uses to the east, south, and north, with single and multi -family homes to the west behind the store. Central Elementary School is located to the north of the site across Plaza Boulevard. History CUP-2003-12 was approved in July 2003 for the sale of only non -refrigerated wine between the hours of 8 a.m. and 10 p.m. daily. Wal-Mart applied for a CUP modification in 2008 to allow for the sale of beer in addition to wine. The application was denied by Planning Commission for failure to adhere to existing Conditions of Approval (no sale of beer). The application was withdrawn prior to the City Council acting upon Planning Commission's recommendation. Wal-Mart is currently open between the hours of 7 a.m. and 10 p.m. Proposed Use The applicant wishes to add the sale of beer and distilled spirits to their existing CUP, and to change sales hours to between 6 a.m. and 2 a.m., the maximum allowed by the State. Although Wal-Mart is normally open from 7 a.m. to 10 p.m., the store is open 24 hours a day between Thanksgiving and Christmas. All alcohol products would be stored in the same location — a shelf located at the southwest corner of the store, approximately 200 feet from the entrance to the store. All alcohol products would be stored and sold at room temperature. Analysis Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). The addition of beer and distilled spirits triggers the need for a CUP modification, as does the change in sales hours. Normally, the hours of alcohol sales are tailored to the store's operating hours. However, this is problematic to the applicants due to the shelving situation. With the extended holiday hours mentioned above, all alcohol products would have to be secured or removed from shelves between 10 p.m. and 8 a.m. In the case of an outlet that sells refrigerated product, the cooler doors can usually be locked. In the case of Wal-Mart there lies the danger of alcohol being brought to the cashier and it still being sold. 3 Community Meeting Pursuant to Section 18.30.050 (C), a community meeting was held Wednesday, January 11, 2012 at 6:00 p.m. in Kimball Senior Center. A sign -in sheet, minutes, and meeting advertisement are attached. According to the sign -in sheet, one person was in attendance at the meeting, a local resident. The applicants made a presentation discussing the new floor plan, the history of the business, and the ABC licensing process. The attendee was in support of the application. In addition to the community meeting, a Wal-Mart representative attended the Kimball Park Neighborhood Council meeting of January 4, 2012 to distribute notices of the pending community meeting. Alcohol Sales Concentration/Location Per California State Alcoholic Beverage Control (ABC), there are currently seven (7) other off -sale permits issued in this census tract (117) besides Wal-Mart. These permits are: Name Big Lots Farmers Discount Market Seafood City Big Ben Market Wilson Liquor Smart & Final CVS Address 1410 Plaza Blvd 1535 E 18th St 1420 Plaza Blvd 108 E 8th St 916 E 8th St 1220 Plaza Blvd 1201 Plaza Blvd License Type* 20 21 21 21 21 21 21 * Type 20 - Off -Sale Beer and Wine Type 21 - Off -Sale General (beer, wine, and distilled spirits) CUP? Y N Y N Y Y Y Of the seven other licenses, all but one (Big Lots) are licensed to sell distilled spirits. Five of the seven outlets have Conditional Use Permits. Census tract 117 includes the area of the City between East 8th and 18th Street, and between National City Blvd. and Palm Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of four off -sale alcohol permits be issued in this census tract, where eight exist. Chapter 18.030.050 (D), which usually applies with regard to distance requirements from other uses, requires a 660-foot distance from sensitive uses such as schools. However, grocery or convenience stores not selling alcohol products as a primary use (as applies in this case) are exempt from these distance requirements. The nearest school is Central Elementary, which is located immediately across Plaza Blvd. Police Department comments Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 20) had a 2009 crime rate of 99.7%, below the 120% considered to be a high crime area. 4 Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Wal-Mart received 14 points, which would indicate a medium risk. The Risk Assessment is attached. Institute for Public Strategies comments An assessment of the proposal was also received from the Institute for Public Strategies (IPS). Issues mentioned were alcohol outlet concentrations in the area, surrounding uses, and RBSS (Responsible Beverage Sales and Service) training, the latter of which is included as a Condition of Approval. There was also a comment about conditioning sales hours, although no specific suggestion. Condition No. 20 restricts sales hours to between 6 a.m. and 2 a.m. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to off -sale alcohol sales (no single sales, cup and ice prices, and signage). Summary Wal-Mart has been in business at this location since 2002. Their CUP for alcohol was approved in 2003. No concerns have been noted regarding business operations or associated crime in that timeframe. Although the census tract in which the business is located is over -concentrated with regard to off -sale alcohol licenses, no additional licenses are being added, solely a modification to the existing ABC license. Additionally, this CUP will provide current Conditions of Approval consistent with City policy. 5 RECOMMENDATION Approve 2011-29 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2011-29 CUP based on findings to be determined by the Planning Commission; or Continue the public hearing to a specific date. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Council Resolution No. 2003-105 (granted original approval) 6. Community Meeting Information (Advertisement, notice and sign -in sheet) 7. Police Department comments 8. Public Hearing Notice (Sent to approx. 1,064 property owners and occupants) 9. Notice of Exemption 10. Applicants Plans (Exhibit A, Case File No. 2011-29 CUP, dated 11/02/2011) MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director 6 RECOMMENDED FINDINGS FOR APPROVAL 2011-29 CUP, 1100 Highland Avenue 1. That the site for the proposed use is adequate in size and shape, since the approximately 136,000 square -foot Wal-Mart store has ample room available for the incidental sale of beer and distilled spirits in addition to existing wine sales. 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 project site is developed with a large retail store and the proposal will not increase the traffic since the sale of beer and distilled spirits would be incidental to the overall goods sold. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will limit the sale of Tess than a three -pack of beer and would not offer chilled beer. which will discourage drinking and loitering on the premises. 4. That the proposed use is deemed essential and desirable to the public convenience, since the addition of beer and distilled spirits sales will allow WaI-Mart to offer a complete variety of products to its customers, similar to other existing large retailers. RECOMMENDED FINDING FOR DENIAL 2011-29 CUP, 1100 Highland Avenue 1. The proposed use not deemed essential and desirable to the public convenience and welfare since beer and distilled spirits are currently offered at local grocery stores, convenience stores, and liquor stores within the city. RECOMMENDED CONDITIONS OF APPROVAL 2011-29 CUP, 1100 Highland Avenue General 1. This Conditional Use Permit authorizes the sale of beer and distilled spirits for off -site consumption at Wal-Mart, located at 1100 Highland Avenue. Unless specifically modified by this resolution or subsequent Codes, all previous Conditions of Approval as stated in City Council Resolution 2003-105 are still in effect. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2011-29 CUP, dated 11/02/2011. 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 Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. 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. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Planning 7. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 8. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 8 9. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 12. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 13. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 14. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2011-29 CUP, dated 11/02/2011. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. 15. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 16. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 19. Alt sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified 9 by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 20. The sale of alcoholic beverages shall be prohibited between the hours of 2 a.m. and 6 a.m. 21. The use of refrigerated coolers for alcoholic beverages, including beer, wine, and distilled spirits shall be prohibited. 22. No coin operated amusement devices shall be operated on the licensed premises. This restriction is intended to discourage loitering by those interested in or involved in purchasing alcoholic beverages and do not apply to coin operated rides in the front vestibule of the store intended to cater to children. 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. 10 106.02 City of National City CENSUS TRACTS 0.5 Miles A September 2003 SWeeMatel�Mar5h Nahonaf WAdjzfe Refugi 125:00 nakrCt'tq. Co Or -, Sweetwater County Park al~ipndl illy Krmh®Il Perk rl C SC m� E t I { 4r \ �rr s 19Vy .R� l+ t p qhs .+r. x 1 pa t` Y- 14 r` 1 g u+ bpNig�ht©� �P.Jx798HI 2006 FScrosofl Cor{foraUon an tlfor tls suppliers Al�ghis reservetl Portions ©� 990 2005 Iostall5hieltl SoftwareCOFparaLon. All rights reed CE3rlald rnSp0in9 an0 tlifeCtiO�iid `al©2005 NAVTEO. All rights reseivetl. NAV�TE-O"and NAViEO ON BOARC�jnretE9tlemarks of�NAV<T•EP.©2005 Tele Atlas NorlhWmenca/nc All gghls nsarved 7ele,Atlsend Tele Atlas North America .arelfaoercarkenfglele Atlas Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 20 12 NATIONAL CITY WAL-MART STORE #5023 �rP .y RESOLUTION NO. 2003-105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT WAL-MART, AT 1200 HIGHLAND AVENUE APPLICANT: LARRY THORNBURGH FOR WAL-MART STORES INCORPORATED CASE FILE NO. CUP-2003-12 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for the sale of beer and wine at Wal-Mart, at 1200 Highland Avenue at the adjourned regular City Council meeting of August 5, 2003, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2003-12 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this 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, California, that the testimony and evidence presented to the City Council at the public hearing held on August 5, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the approximately 136,000 square foot Wal-Mart store has ample room available for the incidental sale of beer and wine. 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 project site is developed with a large retail store and has adequate access available via Highland Avenue and E. Plaza Boulevard, both arterials designed to carry a large volume of traffic, and since the proposed sales are expected to result in a negligible increase in existing traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will limit the types and sizes of product that can be sold, and prohibit loitering and drinking on the premises. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the addition of beer ands wine sales will allow Wal-Mart to offer a complete variety of products to its customers, similar to other existing large retailers. 13 5 That_ public b Ve-nience•,ai se=of the property for the retaltsales'of:a tee clan' comply wits section 25600 throe rohibite 7, All alcoholic beverages° 8 Permiitee shall post "sigi Ater 10 30 070 of the National Cit signs, to be approved by.=;the 5 ica nt s . pernlses ;a nt1.'j premises and adjacen y 22 inches m "size, =v aas-follows open atcoholic `;beverage containers •"a o loitering is allowed on or in front of these premises." on ;these.. The consumption of alcpholic• beverages, is prohibited on the subject premises, and on all parking lots and utbuiIdrngs and any property or adjacent property under the control of the applicant: 14 Resolution No. 2003 —105 August 5, 2003 Page 3 of 4 10. All cups and containers shall be sold at or above prevailing prices, disposable cups sold in multi -container packages shall not be offered in quantities fewer than 12, and no cups or containers shall be given free of charge. 11. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 12. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibits A and B, Case File No. CUP-2003-12, dated April 16, 2003. 13. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 14. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 15. No coin operated amusement devices shall be operated on the licensed premises. 16. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Forr6, 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. 17. 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. 18. 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. 19. area. Alcoholic beverages stored in the back of the store to be located in a locked 15 Resolution No. 2003 —105 August 5, 2003 Page4of4 16 • • Passed and adopted by the Council of the City of National City, California, on August 5, 2003, by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Ungab. Nays: None. Absent: Councilmember Inzunza. Abstain: Councilmember Natividad. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2003-105 of the City of National City, California, passed and adopted by the Council of said City on August 5, 2003. •-1/4, City lerk of the City fNational City, California By: Deputy 17 Community Meeting WEDNESDAY, JANUARY 11, 2012 6:00 P.M. KIMBALL SENIOR CENTER, MORGAN TOWERS, 1415 "D" AVENUE NATIONAL CITY, CA Watmart has been operating its local store on Highland Avenue in National City for 81/2 years. In 2004, the City approved a conditional use permit to allow the sale of wine at this store. In 2010, Walmart began selling groceries. Currently, the City is considering a request from Walmart to modify the conditional use permit to add liquor and beer. Please join your local Watmart representatives at a community meeting to answer questions about the sale of liquor, beer, and wine (non -refrigerated) at the National City store. Light refreshments will be served courtesy of your focal Watmart. Watmart t...m ,ey. Uv. bm.r. 18 Community Meeting Minutes Walmart Store No. 5023 National City Date: Wednesday, January 11, 2012 Time: 6:00 p.m. Location: Kimball Senior Center, Morgan Towers 1415 "D" Avenue, National City Notice: (Sample Attached) 1,056 notices mailed on January 3, 2012 to Property Owners List and Occupant List within 660 feet of store. H. Collins, representing Walmart, attended the Kimball Park Neighborhood Community Meeting ("NCM") on January 4, 2012 to distribute notices in person. Staff on behalf of Walmart: Jim Watson, Walmart Store Manager Felix Silva, Walmart Shift Manager Herman Collins, Collins Group, Inc Emily Fulkerson, Southwest Strategies, LLC Carrie Raven, Gresham, Savage, Nolan & Tilden, PC Brent McManigal, Gresham, Savage, Nolan & Tilden, PC Attendees: (Sign -In Sheet attached) 1. Jack Armstrong, 801 National City Blvd. 41010 Minutes: The meeting was arranged in a multi -station format (see set-up diagram attached) with displays including; the Walmart store site plan, interior layout with location of alcoholic beverage display marked, ABC regulations for retail licensees, Walmart store history and operations, and the proposed changes of the CUP. Meeting staff was available to listen to citizens' concems and answer questions regarding the store, alcoholic beverage sales and the proposed amendment to the existing CUP. One (1) local resident, Mr. Jack Armstrong, was present for the meeting. Mr. Armstrong, who lives outside of the mailing radius, had received notice from the NCM on 1/4/2012 and had personally encouraged fellow citizens at his condominium complex to attend. Mr. Armstrong was not opposed to Walmart's request to modify the existing CUP so that beer and liquor would be available for sale. He shops at Walmart regularly and would appreciate the added convenience. He asked whether the beer would be refrigerated and was pleased to learn there would be no refrigeration. No other attendees were at the meeting. Meeting was adjourned at 7:30 p.m. Confidential WIi6 -California ABC 1'rocediues— 807449.1 Page l 1/25/2012 19 Walmart Conimunity Meetinz WEDNESDAY, JANUARY I 1, 2011, 6:00 P.M. KIMBALL SENIOR CENTER, MORGAN TOWERS, 1415 "D" AVENUE, NATIONAL CITY, CA SimJn Sheet Name Home Address Contact InfortnatiOTI L__,... .I.' ..:k:..,•'!--,',„: i.s,,,c- t.--5....i.:,;.,;:;.:.'.C..! '..--, t,',. 1 i 1 , i 1 i 1 Page 1 1/11/2012 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 11/30/2011 BUSINESS NAME: Wal-Mart ADDRESS: 1200 Highland Avenue, National City, CA 91950 OWNER NAME: WaI-Mart Inc. (Attn. Tim Farrar) DOB: N/A OWNER ADDRESS: 2001 S.E. 10th Street, Bentonville, AR 72712-6489 (add additional owners on page 2) I. Type of Business ❑ Restaurant (1 pt) V Market (2 pts) C Bar/Night Club (3 pts) Il. Hours of Operation ❑ Daytime hours (1 pt) U Close by I Opm (2 pts) ✓ Close after l0pm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate O Low (1 pt) 0 Medium (2 pts) n High (3 pts) V. Alcohol Businesses per Census Tract Cl Below (I pt) ❑ Average (2 pts) V Above (3 pts) Notes: Revised: 11/11 I of 2 21 National City Police Department VI. Calls for Service at Location (for previous 6 months) ❑ Below (1 pt) ❑ Average (2 pts) 1I Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) VI Mostly commercial businesses (1 pt) ❑ Some businesses, some residential (2 pts) U Mostly residential (3 pts) VII1. Owner(s) records check VI No criminal incidents (0 pts) f 1 Minor criminal incidents (2 pts) LI Multiple/Major criminal incidents (3 pts) ABC Risk Assessment Low Risk ( 12pts or less) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 14 OWNER NAME: Wal-Mart Real Estate Trust DOB: N/A OWNER ADDRESS: 550 E. Hospitality Lane, #300, San Bernardino, CA 92408 OWNER NAME: DOB: OWNER ADDRESS: Recommendation: There are currently eight (8) "Off Sale" ABC Licensed establishments. ABC concentration level allows for four (4), based on ABC guidelines,the census tract is impacted. Please see attached documentation. Completed by: G. Young, Sergeant 'i`r f v2—// Badge ID: 365 2 of 2 22 11/30/11 Geocoding System FFIEC Geocoding System Geocode Search Chrstact Us Privacy Policy Discheimr'r FFIEC Main Geocode Search Result for 2011 HMDA/CRA Reporting Street Address 1200 HIGHLAND AVE MSA/MD Code 41740 City Name NAT CITY State Code 06 l State Abbreviation CA County Code 073 Zip Code 91950 Tract Code 0117.001 i MSAMD Name. SAN DIEGO-CARLSBAD-SAN MARCOS, CA State Name: CALIFORNIA County Name: SAN DIEGO COUNTY Get Census Demographic 1 Last update: 08/01/2011 5:00 PM t Get Street Map Cor,tact0 wwwffiec.gov/geocod e/Geocod esea rch.aspx?parmString=a R6q P 13cx7Tz...2 3 1/1 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL NUMBER OF LICENSES AUTHORIZED BY CENSUS TRACT COUNTY CENSUS TRACT POPULATION ON -SALE OFF-5 SAN DIEGO 117.00 6144 8 4 SAN DIEGO 118.01 3950 5 SAN DIEGO 118.02 6475 8 5 SAN DIEGO 119.01 1728 3 2 SAN DIEGO 119.02 4758 6 4 SAN DIEGO 120.01 2263 3 2 SAN DIEGO 120.02 3439 4 3 SAN DIEGO 120.03 3104 4 2 SAN DIEGO 121.01 2055 3 2 SAN DIEGO 121.02 3237 4 3 SAN DIEGO 122.00 2750 4 2 SAN DIEGO 123.02 1482 2 1 SAN DIEGO 123.03 3514 5 3 SAN DIEGO 123.04 3320 4 3 SAN DIEGO 124.01 3332 4 3 SAN DIEGO 124.02 5165 7 4 SAN DIEGO 125.00 8175 10 6 SAN DIEGO 126.00 5013 6 4 SAN DIEGO 127.00 4745 6 4 SAN DIEGO 128.00 3656 5 3 SAN DIEGO 129.00 3009 4 2 SAN DIEGO 130.00 5235 7 4 SAN DIEGO 131.02 6172 8 4 SAN DIEGO 131.03 2272 3 2 SAN DIEGO 131.04 5495 7 4 SAN DIEGO 132.03 5976 7 4 SAN DIEGO 132.04 3906 5 3 SAN DIEGO 132.05 2028 3 2 SAN DIEGO 132.06 5713 7 4 SAN DIEGO 133.01 4769 6 4 SAN DIEGO 133.02 4751 6 4 SAN DIEGO 133.03 4893 6 4 SAN DIEGO 133.06 4512 6 3 SAN DIEGO 133.07 3912 5 3 SAN DIEGO 133.08 3804 5 3 SAN DIEGO 133.09 6471 8 5 SAN DIEGO 133.10 2212 3 2 SAN DIEGO 133.11 7849 10 6 SAN DIEGO 133.12 2705 4 2 SAN DIEGO 133.13 1355 2 1 SAN DIEGO 134.01 4058 5 3 SAN DIEGO 134.09 5477 7 4 SAN DIEGO 134.10 3492 5 3 SAN DIEGO 134.11 5218 7 4 SAN DIEGO 134.12 5112 6 4 SAN DIEGO 134.13 8339 10 6 SAN DIEGO 134.14 6623 8 5 SAN DIEGO 134.15 1639 2 2 SAN DIEGO 134.16 4133 5 3 SAN DIEGO 134.17 2296 3 2 Updated: August 2011 24 PAGE 104 11/30/11 1) 2) 3) 5) 6) 7) 8) License Number 132502 176179 212962 286176 319583 323832 373003 385071 393935 u1 10) Status ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE 00787 IIACTIVE License Type 48 41 41 /c 52 Calif2uaia ABC - License Query System - Data Portal California Department of Alcoholic Beverage Control For the County of SAN DIEGO - (Retail Licenses) and Census Tract = 117 Report as of 11/30/2011 Orig. Iss. Date Expir Date Primary Owner and Premises Addr. Business Name Mailing Address Geo Code 2/23/1983 2/29/2012 FRED DEMEO INC 999 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Census Tract: 0117.00 TROPHY LOUNGE 860 GARNET AVE SAN DIEGO, CA 92109 3708 9/30/1985 12/31/2011 CEC ENTERTAINMENT INC 1143 HIGHLAND AVE NATIONAL CITY, CA 91950 Census Tract: 0117.00 CHUCK E CHEESES 439 PO BOX 152077 IRVING, TX 75015-2077 3708 3/14/1988 6/30/2012 PNS STORES INC 1410 E PLAZA BLVD NATIONAL CITY, CA 91950 Census Tract: 0117.00 BIG LOTS 4126 300 PHILLIPI RD, ATTN TAX DEPT COLUMBUS, OH 43228-5311 3708 7/14/1993 6/30/2012 WOO, MARIO L 1132 E PLAZA BLVD, STES 205 & 206 NATIONAL CITY, CA 91950 Census Tract: 0117.00 3708 5/10/1996 6/30/2012 YOUNAN, BASIM 1535 E 18TH ST NATIONAL CITY, CA 91950 Census Tract: 0117.00 FARMERS DISCOUNT MARKET 3708 5/6/1997 4/30/2012 FORTUNE COMMERCIAL CORPORATION 1420 E PLAZA BLVD, STE C NATIONAL CITY, CA 91950 Census Tract: 0117.00 SEAFOOD CITY SUPERMARKET 2883 SURVEYOR ST POMONA, CA 91768-3251 3708 2/5/2001 1/31/2012 BIG BEN MARKET CORP THE 108 E 8TH ST NATIONAL CITY, CA 91950 Census Tract: 0117.00 BIG BEN MARKET 3708 3/29/2002 8/31/2012 VFW THOMAS H COSBY JR POST 4630 1401 HIGHLAND AVE NATIONAL CITY, CA 91950 Census Tract: 0117.00 TIIOMAS H COSBY JR POST 4630 3708 11/13/2002 11/30/2011 GOLDEN CHOPSTICKS CHINESE RESTAURANT LLC 1430 E PLAZA BLVD E22-23A NATIONAL CITY, CA 91950 Census Tract: 0117.00 GOLDEN CHOPSTICKS CHINESE RESTAURANT 3708 3/10/2004 6/30/2012 WAL MART STORES INC 1200 HIGHLAND AVE NATIONAL CITY, CA 91950- 3541 WAL MART STORE 5023 02 SW 8.114 ST, DEPT 8916 BENTONVILLE, R 72716-0555 3708 www.abe.ca.goy/datporUAHCountyRep.asp "' 1/2 11/30/11 Califs ci_a ABC - License Query System - Data Portal ensus Tract 0117.00 11 12; 13) 409819 14) 412441 15) 16 432978 17) 18) 19) 446671 456482 ACTIVE ACTIVE 475178 4/9720 81974 57253 ACTIVE ACTIVE ACTIVE ACTIVE CTIVE 41 ACTIVE 41 41 7/26/2005 6/21/2004 41 ACTIVE 47 52 2/3/2006 6/30/2012 12/22/2006 5/20/2008 5/31/2012 2/17/2009 1 1 /25/2009 3/31/2012 10/27/2009 1/1/1994 CONTRERAS CURIEL CORP 1705 HIGHLAND AVE NATIONAL CITY, CA 91950 Census Tract: 0117.00 1 1 /30/20 11 6/30/2012 10/31/2012 JAMMO, FARIS HANNA 916 E 8TH ST, BLDG A STE 9 NATIONAL CITY, CA 91950- 2566 Ce n su s Tract: 0117.00 10/31 /201 1 9/30/2012 PANDA PALACE ENTERPRISE INC 1105 E PLAZA BLVD STES D & E NATIONAL CITY, CA 91950 Census Tract 0117.00 3/31/2012 ---EndofReport - - - For a definition of codes, view our glossary. www ahr ra nnv/rtatnnrt/ANRnuntvRon acn KARINAS MEXICAN STYLE SEAFOOD EXPRESS GINZA CORPORATION 925 E PLAZA BLVD, #G NATIONAL CITY, CA 91950- 3549 Census Tract: 0117.00 WILSON LIQUOR SMART & FINAL STORES LLC 1220 E PLAZA BLVD, STE 510 NATIONAL CI [Y, CA 91950- 3610 Ce n su s Tract: 0117.00 RNN INTERNATIONAL INC 1430 E PLAZA BLVD, # E10 11 NATIONAL CITY, CA 91950- 3697 Census Tract: 0117.00 PANDA PALACE CHINESE RESTAURANT GINZA SUSHI GARFIELD BEACH CVS LLC 1201 E PLAZA BLVD NATIONAL CITY, CA 91950- 3609 Census Tract 0117.00 KAPETANIOS, CHRISTOS 1441 HIGHLAND AVE NATIONAL CITY, CA 91950- 4623 Census Tract: 0117.00 LARRY E BENNETT POST 255 THE AMERICAN LEGION DEPAR 35 E 18TH ST NATIONAL CITY, CA 91950 Census Tract: 0117.00 26 SMART & FINAL 347 LAI THAI RESTAURANT CVS PHARMACY 9138 CAFE LA MAZE 3708 3708 PO BOX 512377 LOS ANGELES, CA 90051 AMERICAN LEGION KENNETH L BLANCHARD POST 255 3708 3708 3708 37 1 CVS DR, MAIL DROP 23062A WOONSOCKET, RI 02895-6146 3708 3708 3708 ��COARORT�p-.. CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE ADDITION OF LIQUOR SALES TO AN EXISTING BEER AND WINE LICENSE AT WAL MART LOCATED AT 1100 HIGHLAND AVENUE. CASE FILE NO.: 2011-29 CUP APN: 556-560-41 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, February 6, 2012, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Wal Mart) The applicant wishes to add the sale of beer and distilled spirits to their existing CUP, and to change sales hours to 6 a.m. to 2 a.m. 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., February 6, 2012, who can be contacted at 619-336-4310 or planninq(a�nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION MARTIN REEDER, AICP Assistant Planner 27 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: 2011-29 CUP Project Location: 1100 Highland 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 modification for the addition of beer and distilled spirits sales to an existing wine -licensed Wal-Mart store, and a change in allowable sales hours of alcohol. Applicant: Gresham Savage Nolan & Tilden C/o: Carrie Raven 550 E. Hospitality Lane, Ste 300 San Bernadino, CA 92408 Exempt Status: K Telephone Number: (909) 723-1796 Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: The project will result in no changes to the physical environment, since the proposal involves the sale of beer and distilled spirits for off -site consumption at an existing department store. Date: MARTIN REEDER, AICP Assistant Planner 28 Title: Item no. 2 March 5, 2012 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT CONTINUED PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE ADDITION OF LIQUOR SALES TO AN EXISTING BEER AND WINE LICENSE AT WAL-MART LOCATED AT 1100 HIGHLAND AVENUE. Case File No.: 2011-29 CUP Location: Southwest corner of Highland Ave. and Plaza Blvd. Assessor's Parcel No.: 556-560-41 Staff report by: Martin Reeder, AICP — Assistant Planner Applicant: Wal-Mart Stores, Inc. BACKGROUND Previous Action This item was continued from the February 6, 2012 meeting, at the request of the Planning Commission, in order for the applicant to address security issues associated with the sale of distilled spirits. At the previous meeting, Commissioners expressed concerns with the proposed display of spirits. They suggested that the applicant consider the maximum security measures possible for alcohol (e.g., security caps on bottles, locked cabinet, alcohol aisle closed after sales hours). The Commission also expressed concerns over theft and extending sales hours. They also requested that notice of the continued hearing be posted at the entrance to the store. One community member spoke with concerns over the addition of beer and distilled spirits, the change of sales hours, and shoplifting. New Information As theft was raised as a concern by Commissioners and the community, staff contacted the Police Department for a record of calls for service to Wal-Mart in the last two years. According to PD, there were 324 calls for service related to shoplifting, another 98 calls for burglary or theft, and 1 for drunk in public. The applicant has submitted additional information in order to address Commission concerns. Changes include reduction in requested sales hours, secure storage of distilled spirits, and restricted access to the beer and wine aisle after regulated sales 29 hours. The applicant is all__'proposing to restrict the volume o . Jr sale distilled spirits to no Tess than 750 milliliters (Condition No. 24) Hours of alcohol sales are still being proposed as 8 a.m. to 10 p.m., per the existing CUP. All distilled spirits would be required to have locking security caps (Condition No. 23) and be stored in either a locked cabinet or bullpen area at the front of the store These areas would be within sight of the cash registers and only accessible to store employees. A modified floor plan has been submitted and is attached as Exhibit A - Revised. In the event that the store becomes a 24 hour a day operation, the applicant would be required to install security gates to restrict access to the beer and wine aisle (No. 21). The applicant has indicated that notice of the March 6, 2012 Planning Commission was posted at the entrance to the store. RECOMMENDATION Approve 2011-29 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2011-29 CUP based on findings to be determined by the Planning Commission; or 3. Continue the public hearing to a specific date. ATTACHMENTS 1. Amended and added Conditions of Approval (changes in bold and italic) 2. Applicants' letter detailing proposed changes 3. Applicants plans (Exhibit A -Revised, Case File No. 2011-29 CUP, dated 2/22/2012) 4. February 6, 2012 staff report with attachments, including findings and conditions MARTIN REEDER, AICP —BRAD RAULSTON Assistant Planner Executive Director 30 RECd.;,_, IENDED CONDITIONS OF APPRO, L 2011-29 CUP, 1100 Highland Avenue General 1. This Conditional Use Permit authorizes the sale of beer and distilled spirits for off -site consumption at Wal-Mart, located at 1100 Highland Avenue. Unless specifically modified by this resolution or subsequent Codes, all previous Conditions of Approval as stated in City Council Resolution 2003-105 are still in effect. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File No. 2011-29 CUP, dated 2/22/2012. 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 Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. 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 Title 18 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. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Planning 7. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 8. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 9. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 31 10. Flavored malt beverag __ also known as premium malt beve es and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 12. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 13. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 14. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A -Revised, Case File No. 2011-29 CUP, dated 2/22/2012. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. 15. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 16. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption_ 17. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period_ The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 19.All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 20. The sale of alcoholic beverages shall be prohibited between the hours of 10 p.m. and 8 a.m. 32 21.1n the event the store._ ..,aerates 24 hours a day, security g_s will be installed at each entrance and exit of the beer and wine display aisle, and shall be closed and locked during non -alcohol sales hours. 22. All points of sale shall be programmed so that no alcohol transaction may be processed during non -alcohol sales hours. 23.A11 bottles of distilled spirits shall be secured with a locking security cap preventing the bottle from being opened. The caps shall not be removed except by a store employee after the product has been sold. Said bottles shall be stored within a locked area accessible only to store employees. 24. Distilled spirits shall be sold in containers of no less than 750 milliliters. 25. The use of refrigerated coolers for alcoholic beverages, including beer, wine, and distilled spirits shall be prohibited. 26. No coin operated amusement devices shall be operated on the licensed premises. This restriction is intended to discourage loitering by those interested in or involved in purchasing alcoholic beverages and do not apply to coin operated rides in the front vestibule of the store intended to cater to children. Police 27. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 33 :1.<Q11' February 22, 2012 To: NATIONAL CITY PLANNING COMMISSION City of National City, Planning Department c/o Martin Reeder , Senior Planner 1243 National City Boulevard National City, CA 91950-4301 Re: Alcohol CUP for National City Wal-Mart Dear Honorable Commissioners: As you know, at the February 6, 2012 hearing on CUP 2011-29, the Planning Commission continued the matter to March 5, 201.2 to allow Walmart time to address the concerns expressed by a number of the Comrnissioners related to hours of alcohol sales, security of liquor, training related to age verification and exterior security. WaImart believes that the following conditions and operational controls not only provide the maximum security for the safe a responsible sale of alcoholic beverages as requested by the Commission, but also sets a higher standard for National City. Waltman is proposing the following additional conditions for the sale of alcohol to address the Commission's stated concerns ("PC's Stated Concerns"). 'I11e implementation of these conditions is discussed further in this letter. 1. Alcoholic beverages will not be sold between the. hours of 10:00 p.m. and 8:00 a.m. (Restricted Fours). 2. The display of alcoholic beverages shall be limited to those areas in substantial conformance with Exhibit A, Case File No. CUP-2011-29, dated March 5, 2012. (A copy of Exhibit A is attached hereto for your reference.) a. Distilled spirits shall be located at the front of the store, inaccessible to the public at all times; and shall employ security caps. b. In the event- the store operates 24 hours per day, the beer and wine aisle shall be inaccessible to the public during Restricted Hours. 3. Distilled spirits shall be sold in containers of no less than 750 milliliters. • 34 City of National City, Planning Department c/o Martin Reeder February 22, 2012 Page 2 Planning Commission's Concerns and Operational Resolutions 1. PC's STATED CONCERN: Hours for Sale of Alcoholic Beverages OPERATIONAL RESOLUTION: Walmart withdraws its request that it be permitted to sell alcohol consistent with the State Law between the hours of 6:00 a.m. and 2:00 a.m. Instead, Walmart is agreeable to continuing the existing condition of approval limiting the sale of alcohol to between the hours of 8:00 a.m. and 10:00 p.m. 2. PC's STATED CONCERN: Public's Accessibility to Alcoholic Beverages OPERATIONAL RESOLUTION: Walmart will display the distilled spirits at the front of the store within eye sight of the cash registers. The distilled spirits will be secured by either metal gates or glass security doors that will remain locked 24 hours per day and only accessed by store personnel to stock product and retrieve for sale requested items by of -age customers during permitted hours. The distilled spirit bottles will also have security caps that may only be removed by cashiers at the time of the sales transaction. Beer and wine will be displayed for sale at the back of the store where the wine is currently displayed. In the event the store operates 24 hours per day, security gates will be installed so that they may be closed and locked during Restricted Hours. Additionally, all cash registers are programmed so that no alcohol sales transaction may be completed through any register during the Restricted Hours. 3. PC's STATED CONCERN: Underage Consumers' Access to Alcoholic Beverages. OPERATIONAL RESOLUTION: In addition to the operational controls identified above, Walmart has a rigorous policy and training that addresses the safe and responsible sale of alcohol at its stores. The policy emphasizes not only the responsible marketing and sale of alcohol beverage products but also Walmart's commitment to the health and welfare of our Nation's youth. Walmart has safeguards designed to prevent the sale of alcohol beverage products to underage consumers. When hiring or assigning an associate to a position which involves the direct sale of alcohol beverage products to retail customers, the associate is required to take the Alcohol Sales Compliance computer -based Teaming (CBL) module. This CBL contains key information including, among other things, the following: • Informing the associate of the importance of compliance with laws relating to underage sales. 1111011-tinliotillI I` 35 City of National City, Planning Department c/o Martin Reeder February 22, 2012 Page 3 • Instruction that the associate must decline to sell an alcohol beverage product if the circumstances reasonably suggest that selling the product would violate the law or this policy. • A review of the applicable law and this policy and procedures relating to requiring identification, including: (1) The age that triggers the identification requirement; (2) Acceptable forms of identification; (3) Features from a form of identification that must be checked, with particular emphasis on the government -issued forms of identification most commonly used in the local area, including the driver's license issued in the particular state. • Sales registers are programmed to prompt for government issued identification for all alcoholic beverage sales. 4. PC's STATED CONCERN: Consumption of Alcohol in Public OPERATIONAL RESOLUTION: Walmart will comply with the City's standard conditions of approval that include, amongst others: •No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale; there shall be no sale of single cans or bottles. • All alcoholic beverages offered for sale shall be room temperature. •The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. •All cups and containers shall be sold at or above prevailing prices, disposable cups sold in multi -container packages shall not be offered in quantities fewer than 12, and no cups or containers shall be given free of charge. • Ice may be sold at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. Many of these conditions appear to have been designed by the City to dissuade the immediate and convenient consumption of alcohol. 5. PC's STATED CONCERN: Internal store security OPERATIONAL RESOLUTION: Walmart has both internal and external security cameras that are monitored by asset protection personnel at all times. The overhead cameras both in the store and in the parking lot are visible by shoppers. Signs are posted informing shoppers that they are on video camera. Specifically, the areas where alcohol is sold are the subject of video surveillance. Loss prevention personnel move around the interior of the store to monitor and work to prevent shoplifting. As discussed further below, third party security officers patrol the parking lot 24 hours per day. 1111.11, iiumuk'nv 1• 36 City of National City, Planning Department c/o Martin Reeder February 22, 2012 Page 4 This location is introducing its Asset Protection Egress Attendants (AI'EA) Program_ The purpose of the APEA is to provide additional store support in maintaining a safe shopping environment, reducing merchandise loss, ensuring proper transactions have been performed at the registers, and deter criminal activity. An APEA's role is to function as a visible deterrent to theft by: maintaining a highly visible presence at designated areas. An APEA is assigned to the store exit(s) to provide additional support for exit control and to be a visible deterrent to potential criminal activity during high customer traffic pattern. APEA duties include checking receipts and verifying receipts when there is an exit -alarm activation. 6. PC's STATED CONCERN: Parking Lot Safety and Loitering OPERATIONAL RESOLUTION: As is required by the existing conditions of approval and State law, Walmart has posted signs prohibiting loitering and consumption of alcohol on the premises and adjacent property under its control. The signs read as follows: (a) 'No open alcoholic beverage containers are allowed on these premises." (b) "No loitering is allowed." Walmart also employs a third party security company to patrol its parking lot 24 hours per day. The primary function of the Walmart Parking Lot Patrol is to assist in providing customers with a safe shopping experience through the detection and deterrence of criminal activity. This consists of two primary functions: (1) Visibility: which enables the Parking Lot Patrol Officer to protect persons and property by deterring theft, damage and accidents; and (2.) Communication which enables the Security Officer to be a source of information to facility management and Law Enforcement. The Parking Lot Patrol Officer regularly patrols the entire parking in varying routes in a marked security patrol vehicle equipped with rooftop flashing lights. Officers are trained to observe and report all suspicious incidents and call law enforcement immediately if it appears a person is in danger. Officers maintain log books with respect to their daily activities. In addition, the Officers look for potential property damage or safety hazards in the parking lot and report to management for repair. Officers report any suspicious activity or emergency situations to facility management and/or Law Enforcement. If children or juveniles are observed running, climbing, skateboarding, roller blading or playing in the parking lots, officers notify facility management immediately. The Parking Lot Officer has radio communication with facility management and asset protection associates/coordinators so that they may collectively deliver a coordinated, swift, and safe response to incidents. 37 City of National City, Planning Department c/o Martin Reeder February 22, 2012 Page 3 ADDITIONAL OUTREACH EFFORTS Walmart enjoys being a member of the National. City community-. Walmart has been serving the local community for more than 8 years and currently provides: Clothing & General. Merchandise, a Pharmacy, Vision Center, Garden Center, a Photo Center, and groceries with a bakery and meat counter. In response the needs of its customers in the local community, Walmart strives to enhance the shopping experience and provide affordable and convenient one -stop shopping. To further enhance Walmart's community involvement and outreach efforts, a Loss Prevention Associate or other appropriate associate from the store will attend the quarterly Kimball Neighborhood Council Meeting, which meet the 1st Wednesday of each quarter, at 6:30pm at City Hall - large conference room; City Hall, 1243 National City Blvd. Walmart believes that its attendance at that meeting will add value to Walrnart's understanding of the neighboring community's concerns and foster neighborhood communication. Very truly yours, 7 1 , Brent McManigal, for GRESHAM SAVAGE NOLAN & TILDEN, A Professional Corporation CAR: Enclosure 38 RESOLUTION NO. 6-2012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE ADDITION OF LIQUOR SALES TO AN EXISTING BEER AND WINE LICENSE AT WAL-MART LOCATED AT 1100 HIGHLAND AVENUE. CASE FILE NO. 2011-29 CUP APN: 556-560-41 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the addition of liquor sales to an existing beer and wine license at Wal-Mart located at 1100 Highland Avenue at duly advertised public hearings held on February 6, 2012 and March 5, 2012, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2011-29 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on February 6, 2012 and March 5, 2012, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the approximately 136,000 square -foot Wal-Mart store has ample room available for the incidental sale of beer and distilled spirits in addition to existing wine sales. 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 project site is developed with a large retail store and the proposal will not increase the traffic since the sale of beer and distilled spirits would be incidental to the overall goods sold. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will limit the sale of less than a three -pack of beer and would not offer chilled beer which will discourage drinking and loitering on the premises. 39 That the proposed use is deemed essential and desirable to the public convenience, since the addition of beer and distilled spirits sales will allow Wal-Mart to offer a complete variety of products to its customers, similar to other existing large retailers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer and distilled spirits for off -site consumption at Wal-Mart, located at 1100 Highland Avenue. Unless specifically modified by this resolution or subsequent Codes, all previous Conditions of Approval as stated in City Council Resolution 2003-105 are still in effect. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File No. 2011-29 CUP, dated 2/23/2012. 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 Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. 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 Title 18 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. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Planning 7. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 8. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 40 9. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 12. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 13. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 14. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A -Revised, Case File No. 2011-29 CUP, dated 2/23/2012. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. 15. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 16. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 19. Alt sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 41 20. The sale of alcoholic beverages shall be prohibited between the hours of 10 p.m. and 8 a.m. 21. In the event the store operates 24 hours a day, security gates will be installed at each entrance and exit of the beer and wine display aisle, and shall be closed and locked during non -alcohol sales hours. 22. All points of sale shall be programmed so that no alcohol transaction may be processed during non -alcohol sales hours. 23. All bottles of distilled spirits shall be secured with a locking security cap preventing the bottle from being opened. The caps shall not be removed except by a store employee after the product has been sold. Said bottles shall be stored within a locked area accessible only to store employees. 24. Distilled spirits shall be sold in containers of no less than 750 milliliters. 25. The use of refrigerated coolers for alcoholic beverages, including beer, wine, and distilled spirits shall be prohibited. 26. No coin operated amusement devices shall be operated on the licensed premises. This restriction is intended to discourage loitering by those interested in or involved in purchasing alcoholic beverages and do not apply to coin operated rides in the front vestibule of the store intended to cater to children. Police 27. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 5, 2012, by the following vote: AYES: Farias, Reynolds, Pruitt, Baca, Flores NAYS: DeLaPaz, Alvarado ABSENT: ABSTAIN: CHAIRMAN 42 '�,'LtiR.VLifNJS 0 0 Beer & Wine m EXIiiBI A -REVISED CASE FILE NC) 2011-29 CUP F)A FE:2/22!2012 BILE. :Y16•44, b19 1.9109.115111,91115 blilSlBlbS W NFVF141 52'-2 13/1 36'-9 3/16" I —Liquor 7-om Ira.i ,wnonwmiui' 327'-8" 5023 National City Beer/Wine Display Locations !M�"IlYII mIIHWi 5 51'-4" 2'-7 7/16 ' National City Planning Commission Hearing Walmart CUP for Alcohol Sales Planning Commission Requested Walmart • Evaluate hours of alcohol sales • Propose maximum security for liquor display • Provide information regarding — Associate training on alcohol sales — Exterior security Post notice of Public Hearing at store — Notice posted 2/24/2012 on entrance and exit doors of store Walmart's Proposed Conditions No change to hours of alcohol sales — remain 8:00am to 10:00pm • Liquor sales at front of store with security caps on bottles • Liquor shall be sold in containers of not less than 750m1 • Liquor storage to be secured and accessible only to Supervisors & Managers • Beer & wine aisle will be secured during restricted hours Planning Commission Concerns • Extended hours of alcohol sales • Security of liquor • Security of beer & wine • Alcohol sales in proximity to school Walmart is a Responsible Community Member • Understands and supportive of the Commission's commitment for the responsible sales of alcohol • Responsive to customers' requests for products • Responsible vendor of alcohol • Setting a higher standard for the security of alcohol in retail establishments • Providing a positive shopping experience 1 Associate Training New employee orientation includes alcohol compliance training: — Approved forms of ID — Pointers for spotting fake Ds — ACE • Assess (Does the customer appear under 40?) • Check ID for birth date • Enter date of birth into register • All cashiers must pass Computer Based Learning program with 100% score • Annual training of all Associates selling alcohol Outside Security Summary • Walmart is a responsible member of the community • Compliant with the Planning Commission's concerns • Balance those concerns with Customers' demand • Setting a higher standard for the Community — Alcohol sales between 8:OOam & 10:OOpm — Locking caps and secure storage for liquor at the front of store — Beer & wine aisle will be secured during restricted hours Interior Security Measures • Security cameras on alcohol display area • State-of-the-art sales register technology stops alcohol sales transactions without DOB input • Restricted Hours = registers prohibit alcohol transactions during restricted hours — Programmed by Home Office • Asset Protection Egress Associate Program — Exit door Bag & Receipt checks Exterior Security Measures • Exterior security cameras • Private security patrol throughout Walmart property • Exterior lighting • Frequent cart collection by Associates 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 EM TITLE: General Plan Annual Progress Report for 2011 pursuant to California Government Code Section 65400(a)(2), which establishes the requirement that the City prepare an annual report on the status of the General Plan and the implementation of the Housing Element using forms and definitions adopted by the California Department of Housing and Community Development PREPARED BY: Raymond Pe, Principal Planne PHONE: 336-4421 DEPARTMENT: C APPROVED BY: AGENDA ITEM NO. 26 rvices EXPLANATION: California Government Code Section 65400(a)(2) requires the City to provide an annual progress report on the implementation of the General Plan and the Housing Element by April 1 for the previous calendar year. The report is submitted to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). Providing the report to HCD fulfills State Housing Law requirements to report certain information, including the progress in meeting the City's share of the Regional Housing Needs Assessment (RHNA). Furthermore, submitting the report to the state ensures that the City remains eligible for grants and other funding sources that are tied to the filing of the report. The report is also submitted to SANDAG to qualify for certain discretionary funds administered by that agency. The report is provided in table formats in accordance with HCD reporting '-7uirements and OPR guidance. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Not Applicable APPROVED: ENVIRONMENTAL REVIEW: Not Applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file the report, and direct staff to submit the report to the Governor's Office of Planning and Research (OPR), the Department of Housing and Community Development (HCD), and the San Diego Association of Governments (SANDAG). BOARD / COMMISSION RECOMMENDATION: Not Applicable rACHMENTS: 1. Annual Progress Report for 2011. ATTACHMENT I City of National City General Plan Annual Progress Report January 1 — December 31 2011 Presented to City Council March 20, 2012 California Government Code Section 65400(a)(2) requires the City to submit an annual progress report on the implementation of the General Plan by April 1 for the previous calendar year. The report is submitted to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). Providing the report to HCD fulfills Housing Law requirements to report certain information, including the progress in meeting the City's share of the regional housing needs. Furthermore, submitting the report to the state ensures that the City remains eligible for grants and other funding sources that are tied to the filing of the report. The report is also submitted to SANDAG to qualify for certain discretionary funds administered by that agency. The report consists of six tables. The first five tables address the Housing Element in accordance with HCD requirements. The last table addresses all other General Plan elements based on OPR guidance; this table lists major planning activities, developments, and other actions that implemented General Plan policies. z List of Tables Table A — Annual Building Activity Report Summary Very Low-, Low-, and Mixed -Income Multifamily Projects New Construction (Unit Permits Issued) Table A2 — Annual Building Activity Report Summary Units Rehabilitated, Preserved, and Acquired Pursuant to Government Code Section 65583.1(c)(1) Table A3 — Annual Building Activity Report Summary Above Moderate -Income Units Not included in Table A New Construction (Unit Permits Issued) Table B — Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability Table C — Table D — Housing Element Program Implementation Status Major Planning Activities, Developments, and Other Actions That Implemented General Plan Policies Table A Annual Building Activity Report Summary Very Low-, Low-, and Mixed -Income Multifamily Projects New Construction (Unit Permits Issued) Project APN, name, or address Unit Category R=Renter O=Owner Affordabi ity by Household Incomes"(Units)' Very Low-, Income. Moderate income Moderate Inco`me'' Total Units Assistance Programs Deed Restrictions Affordable without assistance or restrictions (Attach explanation) Total Moderate and Above Moderate from TableiA3 0 3 3 3 Total by income Table AA3 0 0 0 3 3 3 Total Extremely Low -Income (optional) Activity Type Table A2 Annual Building Activity Report Summary Units Rehabilitated, Preserved, and Acquired Pursuant to Government Code Section 65583.1(c)(1) Affordability by HousehoidIncomes.. xtremely .ow -Income Very, Low Income , Low -Income; TOTAL UNITS Document compliance with Government Code Section 65583.1(c )(1) Rehabilitation Preservation of Units At -Risk"" Acquisition Total Units 0 0 0 0 Page 1 Table A3 Annual Building Activity Report Summary Above Moderate -Income Units Not included in Table A New Construction (Unit Permits Issued) Household Income " i Single. Family 2 - 4 Units" :5+Units" - Second„Unit , MobileiHomes `� Total Infill Units Moderate -Income . " Above Moderate -Income." 3 3 3 Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordabi ity Calendar Year 2005 2006 2008-" 2009 2010 2011 Income Level Extremely Low and Very Low Moderate Above" Moderate' Deed Restricted Non -Restricted Deed Restricted Non -Restricted Deed Restricted .: Non -Restricted RHNA Allocation 2 Year 1 Year 2 60 ear.. ear 4 Year5 Year 6 Year 7 Year 8 Year 9 Total to Date 60 20 2 8 30 156 47 170 73 5 227 18 23 3 5 170 547 Remaining RHNA 0 4 0 0 Total RHNA Allocation 19 Total Permitted Total Remaining RHNA Nee 156 127 243 232 20 31 3 812 4 Page 2 Table C Housing Element Program Implementation Status Program : ; ,, Objective; 4 '- ;� �'1, ::: Schedule Status 1. Rental Unit Rehabilitation Program Provide assistance to rehabilitate 50 rental units over the five-year period Ongoing Provided assistance for 10 units in 2011. 2. Ownership Housing Rehabilitation Non -Repayable Lead Based Paint Grants: inspect 600 homes Paint Programs (all): 200 homes Complete by end of planning cycle Awarded loans to two homeowners and provided one grant in 2011. 3. Code Enforcement The City will abate approximately 1,300 cases during this planning cycle Ongoing Approximately 779 cases abated in 2011. 4. Housing Inspection Program Inspect approximately 4,000 units, achieving closure in 90 percent of cases Annually scheduled Approximately 194 units inspected in 2011. 5. Christmas in July Community Volunteer Program Support rehabilitation/repair of 75 houses or 15 houses annually Annually Provided assistance for 0 units in 2011. 6. Apartment Management Pursue 100 percent enforcement requiring on -site management in complexes of nine or more units Ongoing Housing Assistance Projects inspected through programs such as Healthy Homes and other housing and code enforcement efforts. 7. Lead Hazard Control Program 410 units Ongoing 126 units mitigated by grant (closed out March 31, 2008). 8. Tool Loan Program Lend tools as needed, based on demand Ongoing This program has not yet been implemented by Christmas in July. 9. Healthy Homes Demonstration Program Inspect 480 homes, repair/rehab 165 homes Ongoing Program completed in 2009 with approximately 416 units Inspected and 198 assisted. 10. MAAC/SDGE Weatherproofing Program Assist 35 households in weatherproofing their homes Ongoing Over 300 households assisted to date. Page 3 Program_ Objective Schedule" Statu 11. Preserve Affordable Units at Risk of Converting to Market Rate Conserve the affordability of 614 rental housing units at risk of converting to market rate housing by: Monitoring the status of Granger Apartments, Inter City Manor, and Plaza Manor; Identifying nonprofit organizations as potential purchasers/managers of at -risk housing units; Exploring funding sources available to preserve the affordability of at risk projects, or to construct replacement units; and/or Assisting tenants to apply for priority status on the Section 8 voucher/certificate programs should a conversion takes place Section 8 contracts are subject to annual or short-term renewals. The Community Development Commission will annually review the status of the Section 8 contracts The City continued to monitor affordable units at risk of converting to market rate. 12. Housing Choice Voucher (Section 8) Rental Assistance Program Continue to provide 300 units of Section 8 project -based affordable housing at Morgan -Kimball Towers, maintain the level of tenant -based Section 8 assistance and continue tenant -based assistance to approximately 1,044 households Ongoing Section 8 rental assistance at same levels through 2011. 13. Reasonable Accommodations for Persons with Disabilities Adopt procedure within one year of certification of Housing Element Ongoing General Plan and Land Use Code updates adopted in June 2011. 14. Flexible Development Standards in Selected Neighborhoods Allow flexibility in certain neighborhoods to facilitate the development of quality housing and improve the character of the neighborhoods Complete the study with recommended regulatory incentives by June 2008 and revise the Land Use Code by December 2008 General Plan and Land Use Code updates adopted in June 2011. 15. Relocation of Displaced Tenants Give high priority in assisting tenant households that are displaced from their homes due to code enforcement issues Ongoing The City continued to give high priority to relocate tenants displaced due to code enforcement issues. 16. Housing Stock Condition Estimate the number of dwelling units in need of repair or replacement to focus housing rehabilitation and replacement efforts toward those areas in highest need Initial survey completed within 12 months; ongoing update Survey conducted in 2010. 17. Clean-up Events 20 events Four events annually One event completed in 2011. Page 4 Program Objective ehedule Status 18. Implement Specific Plans Fulfill RHNA goals for National City by implementing the Downtown and Westside Specific Plans to accommodate the production of affordable housing Ongoing until build out of the specific plan area Downtown Specific Plan adopted in 2005. Westside Specific Plan adopted in 2010. 19. Provide Residential Development Informational Material to Developers Maintain, enhance and create informational material regarding residential development to developers on an ongoing and as -needed basis Ongoing in response to development proposals The City maintains current information materials and provides these to developers in response to development proposals. 20. GIS Database Maintain and keep the GIS database current in order to provide specific development information to market infill housing development to interested developers Ongoing in response to development proposals Database updated in 2011. 21. Community Housing Development Organizations (CHDOs) Identify and provide funding to CHDOs in order to pursue additional affordable housing projects. Provide funding to support CHDOs in building administrative capacity Allocate HOME funds for CHDO activities annually through the Consolidated Planning process Provided $31,830 in CHDO funding to Community Housing Works in 2011. 22. New Construction of Affordable Housing Assist in the production of at least 117 new affordable housing units between 2005 and 2010, including nine extremely low income units, nine very low income units, 39 low income units, and 60 moderate income units. These minimum objectives reflect the City's remaining regional housing allocation for these income groups with the addition of the extremely low income category to meet new State law Allocate HOME funds annually through the Consolidated Planning process. Allocate Set -Aside funds through the five-year Redevelopment Implementation Planning process No assistance provided in 2011. Program assisted in the production of 105 affordable units during the planning period 2005-2010. 23. Promote Assistance Programs for Construction of Affordable Housing Annually conduct an outreach program to the development community to ensure awareness of available housing programs Annually through the Housing Element cycle The City continues to be actively engaged with affordable housing developers. The City entered/amended or negotiated agreements with two project developers after the RFQ/RFP process. 24. Update Density Bonus and Second Unit Provisions of the Land Use Code Comply with State law on density bonuses Adopt updated density bonus and second unit provisions by June 2008 Density bonus ordinance amended in 2009. Second unit provisions amended in June 2011. Page 5 Program Objective 'Sch`edule= State 25. Communicate Production Priorities to Prospective Developers Specific actions over the next five years may include: National City Facts to be updated every year Prepare reports of building activity when requested by developers Regularly purchase Assessor parcel data that is integrated into City GIS system for vacant properties Presentations to Chamber of Commerce, neighborhood councils, port tenants, business improvement districts, etc. Regularly participate in meetings of local planning, developer, and business organizations Ongoing, in response to development proposals and inquiries National City Facts updated in 2011. Annual housing permit/construction activity reports prepared in 2011. GIS parcel data updated in 2011. GIS inventory of vacant and infill sites in 2011. City participation with community groups, businesses, neighborhood councils, and other organizations in 2011. • 26. Implementation of Housing Element Annual Report The City will submit annual Housing Element reports to the California Department of Housing and Community Development to ensure local emphasis in meeting the goals of the Housing Element and propose policy changes to correct non -achievement, if necessary Annually, 2005-2010 Annual progress report submitted in 2011 for calendar year 2010 to HCD, OPR, and SANDAL. 27. Implementation Design Guidelines Improve quality of design in construction through continued implementation of the Design Guidelines Ongoing basis as development is proposed The guidelines are applied to each project, and developers are encouraged to incorporate quality design in their projects. 28. Initiate an Amendment of the Land Use Code for Multi -Family Residential Development Adopt an amendment of the Land Use Code to allow for administrative review of multi -family development applications Within 12 months of adoption of the Housing Element Land Use Code was updated in June 2011. 29. Initiate an Amendment of the Land Use Code to Allow Homeless Shelters, Emergency Shelters, and Transitional Housing Adopt an amendment of the Land Use Code to allow for administrative review of emergency shelters and to treat transitional housing similarly to other residential dwellings Within 12 months of adoption of the Housing Element Land Use Code was updated in June 2011. 30. Compliance with Fair Housing Requirements of Community Development Block Grant (CDBG) and HOME Programs Continue to implement actions to address fair housing issues through the CDBG and HOME -funded activities Develop actions annually to be undertaken to address fair housing impediments identified in the Al as part of the annual Consolidated Action Plan process Analysis of Impediments to Fair Housing Choice prepared in 2010. Page 6 Program Objective Schedule = Status ; 31. Continue Cooperation and Support of Fair Housing Counseling and Enforcement Organizations Continue to implement open, fair housing practices and sufficient resources are made available to assure informed housing consumers and suppliers Annually evaluate the services provided by the fair housing counseling and enforcement organizations to ensure services are provided, and revise contracts where appropriate The City conducted its annual review and funding process for service providers with public hearings and adoption of contract agreements. 32. Fair Housing Training In new projects with 10 units or more require the training of staff in Fair Housing administration Ongoing on a project -by -project basis when needed Property manager compliance through contract agreements and training through the Fair Housing Council of San Diego. 33. Update Land Use Code Remove definition of "family" from zoning code Within 12 months of adoption of the Housing Element Land Use Code updated in June 2011. 34. State Energy Conservation Standards Achievement Achieve State energy conservation standards for housing Ongoing as part of the Building Permit process 2010 California Energy Codes adopted in 2010. 35. Incentives for Energy Efficient Development Reduce energy use per capita in new and rehabilitated housing Develop incentives and adopt as part of the Land Use Code by June 2008 Land Use Code updated in June 2011. 36. Solar Access Standards Reduce energy use per capita in new housing Revise the City's Design Guidelines to include solar access standards by June 2008 Land Use Code updated in June 2011. 37. Green Building Program Reduce the effects of global warming Revise the City's Design Guidelines to include Green Building Standards by December 2008 Climate action plan adopted in June 2011. Page 7 ale D Major Planning Activities, Developments, anu vu,er Actions That Implemented General Plan Policies Activity[ {,'; 2011. Progress f Status Policies'... ",-Implements Specific Plans Downtown Specific Plan amended to expand boundaries, include all areas within development zones, and establish minimum development intensity (floor area ratio) 11.4. Westside Inflll TOD Project Execution of Disposition and Development Agreement, completion of developer due diligence, public community meetings, refinement of conceptual development plans, and preparation of environmental remediation plan 11.4. Marina District Vision Plan Joint Port District and City land use planning study initiated, public meetings, market study, and development of preferred alternative II.K, ILL. Aquatic Center MOU between Port District and City for funding, building permits issues, ceremonial ground -breaking VI.F, VI.8. Gateway on the Mile Shopping Center Adoption of negative declaration and approval of conditional use permit, minor use permit, variance, and street vacations V.B, V.D, V.17, Transportation, Circulation, and Mobility Improvements Citywide Transportation Plan incorporated into Circulation Element of General Plan Bicycle Master Plan adopted Ongoing Safe Routes to School project phases completed Ongoing ADA improvement projects completed Plaza Boulevard Widening Project engineering and right-of-way acquisition 8th Street Corridor Smart Growth Revitalization Project design engineering VI.N, VI.O, VIP, VI.Q, VI.R, VI.U, V1.18, VI.30, VI.32, VI.33, VI.60, 11.16, 11.21, VI.23 Facilities, Infrastructure, and Utilities Improvements Ongoing street resurfacing and slurry sealing projects Ongoing sewer and drainage system improvements Ongoing building and facility renovations III.B, 111.5, VLGG, VI.JJ, VI.54, VI.60, VI.61, VI.63 Park Improvements Ongoing park improvements projects at El Toyon Park, Las Palmas Park, and Kimball Park VI.A, VI.1 Historic Preservation Updated Historic Resources Survey II.Y, 11.17 Public Safety Implementation of mobile computer aided dispatch (CAD) for Police Department Acceptance of various grants for public safety programmatic operations, equipment, vehicles, computer systems and applications, communications equipment, and training, etc. Adopted Multi -Jurisdictional Hazard Mitigation plan Automatic Aid Agreement between the City of San Diego and the City of National City (Fire Department) County of San Diego Operational Area Public Works Mutual Aid Agreement (Fire Department) 111.1, VI.39, VI.W, V1.52, VI.53, VI.44, VI.AA Page 8 Activity 201 f P,rogress / Status, t`atus Policies Implemented Regional Planning Collaboration with SANDAG in update of Smart Growth Concept Map for National City Participation in SANDAG regional planning programs and initiatives through various technical and policy committees Participation in Bay Working Group (San Diego Foundation, ICLEI, et al) to prepare sea level rise adaptation strategy III.D, VI.N - END OF REPORT - Page 9 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO. 27 fEM TITLE: Assembly Bill 1572 (Fletcher and Block) Service Authority for Freeway Emergencies (SAFE): San Diego County — Letter of Support. PREPARED BY: Leslie Deese, City4Manage PHONE: 336-4240 —���- EXPLANATION: See Attached Staff Report DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Review and Accept Letter supporting AB 1572 and direct City Manager to forward Letter of Support to Assemblymember Nathan Fletcher and Members of the Committee on Transportation. BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: itaff Report Attachment #1 — Letter from City of San Diego's Office of the City Council requesting support for AB 1572 Attachment #2 — AB 1572 Legislation Attachment #3 - Draft Letter from National City's Mayor/Council Office supporting AB 1572 Assembly Bill 1572 (Fletcher and Block) Service Authority for Freeway Emergencies (SAFE): San Diego County — Letter of Support Staff Report: At the City Council meeting on March 6, 2012, the Council discussed a letter received from Lori Zapf, San Diego City Council — District 6 and David Alvarez, San Diego City Council — District 8 regarding the Service Authority for Freeway Emergencies (SD SAFE). The letter requested National City's support for AB 1572 (attached) which if approved, would force accountability and bring the SD SAFE program back to its original intent. After discussing the item, the City Council requested staff to bring back a letter in support of AB 1572. Background: On January 1, 1986, California legislation authorized the formation of county SAFEs for the purpose of funding the installation of call boxes along freeways and expressways to enable motorists in need of aid to obtain assistance. Under the existing law, SD SAFE collects $1 a year from every vehicle registered in San Diego County for the purposes of freeway call boxes and other freeway safety issues. Currently, SD SAFE has more than $13 million in reserves to fund an annual operating budget of $760,000. This budget does not include administrative expenses. The biggest cost is the current contract to administer the program, which has grown by more than 74% to more than $400,000 despite call box calls being reduced by 93% due to the increase in cell phone usage. AB 1572 will suspend the fee for a period of at least 4 years, cap the reserve to $4 million and refund to the municipalities the remaining reserves based upon the amount paid in. This means more than $8 million will be provided to cities in the County of San Diego by January 1, 2013 and would require the revenues be used for public safety purposes. Most importantly, the legislation will require SD SAFE to develop a long range plan which will be signed off by the San Diego County City Selection Committee. Should the Committee not approve the plan, SD SAFE would be dissolved and folded into the San Diego Association of Governments (SANDAG). SANDAG would become the successor authority and would assume remaining responsibility for maintaining call boxes. 1 THE CITY OF SAN DIEGO AMERIGA'S FINEST CITY ATTACHMENT #1 February 17, 2012 Councilmember Luis Natividad City of National City 1243 National City Boulevard National City, CA 91950-4397 OFFICE OF THE CITY COUNCIL Dear Councilmember Natividad: As elected officials we are often tasked with making choices on the best use of taxpayer funds. It is not always an easy decision, but sometimes it is just common sense. You may have seen some of the recent headlines in the UT -San Diego regarding the Service Authority for Freeway Emergencies, better known as SD SAFE. SD SAFE collects $1 a year from every vehicle registered in San Diego County for the purposes of freeway call boxes and other freeway safety issues. Currently SD SAFE has more than $13 million in reserves to fund an annual operating budget of $760,000. This budget does not include administrative expenditures like paying a public relations firm $175,000 and $15,000 in board travel. The biggest cost is the current contract to administer the program, which has grown by more than 73% to more than $400,000 despite call box calls being reduced by 93% with the popularity of cell phone. Despite this reduction in calls, the contract for the firm administering the program has increased by as much as 10% a year and not gone out for an RFP in more than 12 years. For these reasons, the San Diego County Taxpayers Associationhas awarded a Taxpayers Fleece twice in the last few years. It is clear that SD SAFE has flown under the radar for so long that accountability has gone out the window. As a result, Assembly Members Nathan Fletcher and Marty Block jointly authored AB 1572 aimed at forcing accountability and bringing the program back to its original intent. The legislation's bipartisan support also includes Senator Joel Anderson. This legislation will suspend the fee for a period of at least years, cap the reserve to $4,000,000 and refund to the municipalities the remaining Citv Administration Building • Charles. C. Dail Concourse • 202 C Street • San Diego, California 92101 • Phone (619) 236-6440 SAFE Letter February 17, 2012 Page 2 reserves based upon the amount paid in. This means more than $8 million will be provided to the cities for public safety purposes. Most importantly it will require SD SAFE to develop a long range plan which will be signed off by the San Diego County, City Selection Committee. If they do not approve the plan then SD SAFE would be folded into SANDAG. We anticipate that over the next few months current members of the SAFE board may mount an opposition campaign, but we would urge you to join with the City of San Diego and the UT - San Diego in supporting this legislation. We believe in this bill because it reforms an organization in desperate need of reform, suspends an unnecessary fee and provides funds for public safety to all our cities. Please join us in supporting AB 1572 which will make SD SAFE accountable and responsible. If you have any questions please feel free to contact either of our offices. Help us spread the word and encourage others to tell their state legislators to support this much needed reform. Sincerely, Lorie Zapf San Diego City Council — District 6 David Alvarez San Diego City Council — District 8 One more SAFE farce: -Pull the plug, please San Diego End call -box program's mission creep Call box agency giving away gas cards The promotion is designed to drive web traffic, but critics question the use of tax funds Call -box agency P.R. plan blasted Board members question spending on giveaways, Tupperware, cookbook Call box agency drops P.R. contractor Tupperware, recipe books deemed off mission Call box use drops, funding keeps on growing Some on the board, and in Sacramento, say fee should stop Grant program uses city money for rural areas Two San Diego council members say the setup is unfair Call -box agency opts not to suspend fee Two board members suggested temporarily dropping the charge, given agency's surplus Call box company's pay grew as use fell Castoria is a statewide expert, but councilwoman questions increase Call box agency loses out on futuristic grant Funds would have been used to test high-tech car -to -car communication vert'lsin ATTACHMENT #2 CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION ASSEMBLY BILL No. 1572 Introduced by Assembly Members Fletcher and Block (Coauthor: Senator Anderson) February 1, 2012 An act to add Section 2555.1 to the Streets and Highways Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1572, as introduced, Fletcher. Service authorities for freeway emergencies: San Diego County. Existing law authorizes a service authority for freeway emergencies to be established in any county for the purpose of funding the installation of call boxes along freeways and expressways to enable motorists in need of aid to obtain assistance. Existing law provides that a service authority may impose an annual fee of SI on vehicles registered in the county for this and other related purposes, which fee is collected by the Department of Motor Vehicles. This bill, with respect to the service authority created in the County of San Diego, would provide that the $1 fee may not be imposed or collected effective with the operative date of this bill until January 1, 2016. The bill would limit the reserves that may be held by the authority to $4,000,000, and would require the authority to distribute any reserves in excess of that amount to cities in the County of San Diego, and to the county with respect to the unincorporated area of the county, in proportion to fees paid for purposes of the service authority in the 2010-11 fiscal year by residents of each city and the unincorporated area. The bill would require the excess reserves to be distributed by the 99 AB 1572 — 2 service authority by January 1, 2013, and would require these revenues to be used for public safety programs by the recipient jurisdictions. The bill would require the service authority to develop a plan relative to its long-term existence by January 1, 2016, to be submitted to the San Diego County City Selection Committee for approval. If the committee rejects the plan, the bill would provide for the authority to be dissolved and for the San Diego Association of Governments (SANDAG) to become the successor authority and to assume remaining responsibility for maintaining call boxes. The bill would also require the service authority to cease marketing activities for the 511 program, and to contract with SANDAG in that regard, until a plan is approved. The bill would also limit the reserves that may be held by the authority or SANDAG as the successor authority on and after January 1, 2016, to $4,000,000, and would require distribution of excess reserves to cities and the county for public safety purposes. The bill would authorize the authority or SANDAG to adjust this amount for inflation. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall he made pursuant to these statutory provisions. This bill would provide that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 2555.1 is added to the Streets and 2 Highways Code, to read: 3 2555.1. (a) Notwithstanding Section 2555, commencing on 4 the date this section becomes operative and continuing until 5 January 1, 2016, no fee may be imposed by the authority created 6 in the County of San Diego, or collected on behalf of that authority 7 by the Department of Motor Vehicles pursuant to Section 9250.10 8 of the Vehicle Code. Fee collection may, but is not required to, 9 resume on January 1, 2016, consistent with this section. 99 3 AB 1572 1 (b) (1) The maximum in reserves that may be held by the 2 authority in the County of San Diego from fees collected prior to 3 suspension of fee collection pursuant to subdivision (a) shall be 4 four million dollars ($4,000,000). Except as otherwise provided 5 in subdivision (c), these reserve revenues may be used solely for 6 projects of a type described in subdivision (d) of Section 2557 that 7 the authority has previously undertaken. 8 (2) Any reserves in excess of four million dollars ($4,000,000) 9 held by the authority on the date this section becomes operative 10 shall be distributed to cities in the County of San Diego, and to 11 the county with respect to the unincorporated area of the county, 12 in proportion to fees paid pursuant to Section 2555 in the 2010-11 13 fiscal year by residents of each city and the unincorporated area. 14 The authority shall distribute the funds on or before January 1, 15 2013. The distributed funds shall be used by the recipient 16 jurisdiction solely for public safety purposes. 17 (c) The authority, commencing on the date this section becomes 18 operative, shall cease marketing activities for the 511 program. 19 The authority shall contract with the San Diego Association of 20 Governments (SANDAG) for the marketing of the 511 program. 21 The plan developed pursuant to subdivision (d) may contain a 22 recommended approach for these activities to be conducted on and 23 after the date that the plan is approved pursuant to subdivision (d). 24 The prohibition in this subdivision shall not apply on and after 25 that date. 26 (d) (1) The authority shall develop a plan relative to its 27 continued long-term existence, which shall be submitted to the 28 San Diego County City Selection Committee pursuant to paragraph 29 (2) no later than January 1, 2016. The plan, among other things, 30 shall identify the number of call boxes that will be in use and the 31 locations of call boxes with the highest and lowest call volumes. 32 The plan may identify other proposed activities consistent with 33 subdivision (d) of Section 2557. 34 (2) The plan shall be submitted to the San Diego County City 35 Selection Committee for its approval. If it rejects the authority's 36 plan, the authority shall be dissolved, and, notwithstanding Section 37 2551, SANDAG shall become the successor to the dissolved 38 service authority and assume the remaining operational 39 responsibilities for maintaining the call boxes. 99 AB 1572 -- 4 1 (e) The maximum in reserves that may be held by the authority 2 or SANDAG as the successor to the authority at any time after 3 January 1, 2016, shall be four million dollars ($4,000,000). Any 4 amount in excess of four million dollars ($4,000,000) shall 5 thereafter be distributed, within one year of accrual of the excess, 6 to cities in the County of San Diego and to the county in the same 7 manner as specified in paragraph (2) of subdivision (b). The 8 distributed funds shall be used by the recipient jurisdiction solely 9 for public safety purposes. 10 (f) The authority or SANDAG, as appropriate, may adjust the 11 four -million -dollar ($4,000,000) limit on reserves specified in 12 subdivisions (b) and (e) for inflation based on the California 13 Consumer Price Index. 14 SEC. 2. If the Commission on State Mandates determines that 15 this act contains costs mandated by the state, reimbursement to 16 local agencies and school districts for those costs shall be made 17 pursuant to Part 7 (commencing with Section 17500) of Division 18 4 of Title 2 of the Government Code. 19 SEC. 3. This act is an urgency statute necessary for the 20 immediate preservation of the public peace, health, or safety within 21 the meaning of Article IV of the Constitution and shall go into 22 immediate effect. The facts constituting the necessity are: 23 In under to provide for temporary reduction of unnecessary 24 vehicle registration fees in the County of San Diego as quickly as 25 possible, it is necessary that this act take effect immediately. 0 99 AB 1572 Assembly Bill - Status Page 1 of 1 CURRENT BILL STATUS MEASURE : A.B. No. 1572 AUTHOR(S) Fletcher and Block (Coauthor: Senator Anderson). TOPIC Service authorities for freeway emergencies: San Diego County. HOUSE LOCATION ASM TYPE OF BILL : Active Urgency Non -Appropriations 2/3 Vote Required State -Mandated Local Program Fiscal Non -Tax Levy LAST HIST. ACT. DATE: 02/17/2012 LAST HIST. ACTION Referred to Com. on TRANS. COMM. LOCATION ASM TRANSPORTATION HEARING DATE 04/09/2012 TITLE An act to add Section 2555.1 to the Streets and Highways Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately. 1a http://www.leginfo.ca. gov/pub/ 11-12/bill/asm/ab_15 51-1600/ab_1572_bill_20120307_stat... 3/14/2012 ATTACHMENT # 3 March 20, 2012 Assemblymember Nathan Fletcher, Chair And Members of the Committee on Transportation State Capitol, Room 2130 Sacramento, CA 95814 ATTN: Nick Pappas, Legislative Director RE: AB 1572 (Fletcher and Block) Service Authority for Freeway Emergencies (SAFE): San Dio County - Letter of Support Dear Assemblymember Fletcher, The City Council of the City of National Cite: is voted to support AB 1572 (Fletcher and Block) which will reform the San D1,066.1§eMlo.e Authority for Freeway Emergencies (SD Y•i SAFE) and bring the program back to Is on trial intent. On January 1, 1986, California<teg: lattop authorized the formation of San Diego County SAFE for the purpose of fun "ing thelnstallation of call boxes along freeways and expressways to enable motorists in need of aid to obtain assistance. Since the inception of the SD SAFE program, nearly'>e%o of all San Diegans have mobile phones. Coincidently the number of calls through the freeway call boxes has dropped by 93% over the last several years. Under the existing law, SD SAFE collects $1 a year from every vehicle registered in San Diego County for the purposes of freeway call boxes and other freeway safety issues. Currently, SD SAFE has more than $13 million in reserves to fund an annual operating budget of $760,000. This budget does not include administrative expenses. The biggest cost is the current contract to administer the program, which has grown by more than 74% to more than $400,000 despite call box cells being reduced by 93% due to the increase in cell phone usage. AB 1572 will suspend the fee for a period of at least 4 years, cap the reserve to $4 million and refund to the municipalities the remaining reserves based upon the amount paid in. This means more than $8 million will be provided to cities in the County of San Diego by January 1, 2013 and would require the revenues be used for public safety purposes. Ij We agree that SD SAFE needs to develop a long term plan that will be responsive to taxpayer concerns and at the same time stay within the perimeters of the legislation which originally authorized the authority. The bipartisan support for this legislation demonstrates that this reform is something that is necessary and will only serve to make the future efforts of SD SAFE conducive to the needs of the entire San Diego region. Should the Committee not approve the plan, SD SAFE would be dissolved and folded into the San Diego Association of Governments (SANDAG). SANDAG would become the successor authority and would assume remaining responsibility for maintaining call boxes. Your efforts in Sacramento on this legislation are greatly appreciated and the City of National City strongly urges your support for AB 1572,, ALEJANDRA SOTELO-SQ. 1S n VICE MAYOR MONA RIOS COUNCILMEMBER xc: Assemblymember Ben Hueso LUIS NATIVIDAD COUNCILMEMBER ROSALIE ZARATE COUNCILMEMBER CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO.28 M TITLE: Report to Council regarding the Oversight Board Appointees and possible future vacancies: Discussion and Options PREPARED BY: Claudia Gacitua Silva DEPARTMENT: PHONE: Ext. 4222 EXPLANATION: Please see attached memorandum. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: File. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Item 28 Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate CALIFORNIA -K+ NATIONAL CITY `i :1 Ca0 17 TED Office of the City Attorney MEMORANDUM TO: Mayor and City Council FROM: City Attorney SUBJECT: Oversight Board Appointees and Vacancies City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight DATE: March 16, 2012 The City Council has asked the City Attorney to return with further information regarding the appointment process applicable to the oversight board established pursuant to ABx1 26. Specifically, the City Council asked for: 1) further information regarding what occurs in the event of a vacancy to the oversight board; and, 2) further analysis regarding the ability to appoint "back-up" members in the case of a vacancy. Both of these questions are limited to the two appointments to the oversight board made by the Mayor. Lastly, the Council inquired into the possibility of a policy to address the appointment process, lists of employees, vacancies, alternates, and timelines. I. HEALTH AND SAFETY CODE SECTION 34179 GOVERNS THE OVERSIGHT BOARD APPOINTMENT PROCESS A. Health and Safety Code Section 34179(a) Addresses the Composition of the Oversight Board ABx1 26, as part of the dissolution of redevelopment agencies, requires each successor agency to "have an oversight board composed of seven members." Health and Safety Code section 34179(a). Two of the seven appointments are mayoral appointments. Health and Safety Code sections 34179(a)(2) and 34179(a)(7). The appointment process was previously discussed in a Memorandum to the Mayor and City Council, dated February 21, 2012. B. Health and Safety Code Section 34179(b) Addresses Vacancies Section 34179(b) states: The Governor may appoint individuals to fill any oversight board member position described in subdivision (a) that has not been filled by January 15, 2012, or any member position that remains vacant for more than 60 days. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 The date of January 15, 2012 has now been moved to May 15, 2012, as a result of the Supreme Court's ruling which extended deadline dates by four months. The deadline for the City to make its appointments to the oversight board is May 1, 2012. The May 1st date fails to account for actions which must be taken by the oversight board by April 15, 2012. Given that the oversight board must take certain actions by April 15, 2012 to comply with other ABx 1 26 deadlines, the City appointments have already occurred so that the oversight board can be seated as soon as a quorum is appointed. The statute provides that the Governor does not make an appointment to fill a subsequent vacancy to the oversight board until 60 days have passed. Accordingly, should a vacancy occur to the oversight board, the appointing body has 60 days to fill that vacancy. Should the vacancy not be filled within that time frame, then the Governor may fill the appointment. Accordingly, the Mayor will have 60 days to fill an appointment should one or both of its members vacate their position. A position can be vacated either by resignation or removal. A member serves at the pleasure of the appointing entity. Health and Safety Code section 34179(g). There are not defined terms for members of the oversight board. C. "Back-up" Appointments to the Oversight Board ABx1 26 neither contemplates nor authorizes "alternate" appointments. Thus, an alternate member could not be appointed to serve on the oversight board in the manner alternate appointments typically serve. The Council inquired as whether "back-up" appointments could be made, should a vacancy occur, to avoid the loss of that appointment to the oversight board. There is a 60 day window to fill vacancies, thus the appointment would not be immediately lost should a vacancy occur. Thus, there is no direct advantage to making "back up" appointments. In the event the Mayor sought to pursue "back-up" appointments, it should be noted such appointee would not have any authority to act or participate on the oversight board. They could attend the meetings as a member of the public. In addition, a "back up" appointment would be viewed more advisory in nature, because should a vacancy occur in the future, the Mayor and Council sitting at the time of the vacancy have the power to appoint and approve, respectively. Lastly, should "back up" appointments be sought, two such appointments would need to occur (one for each mayoral appointee). Overall, there is sufficient time to appoint a member to the oversight board in the event of a vacancy. Appointing "back-up" members does not provide any greater opportunity to fill a vacancy than already exists in the legislation. As of the date of this Memorandum, the City has not yet been notified by the other appointing agencies about their appointments. We anticipate the County to make its appointments on April 3, 2012. In addition, we await formal notification of the appointments by the County Water Authority, the County Board of Education, and the Chancellor of the California Community Colleges. 2 Oversight Board Appointees and Vacancies March 20, 2012 Agenda Item D. Upcoming Deadlines The Council asked staff to identify the most immediate deadlines regarding ABx1 26. Below are the most immediate upcoming deadlines. In addition, the previous presentation by Financial Advisor Michael Busch provided an exhaustive list of deadlines. April 1, 2012: deadline for Successor Agency to notify County Auditor -Controller if the total amount available to the SA is insufficient to fund the specified payments in the six-month fiscal period. April 15, 2012: last day for ROPS and Administrative Budget to be approved by oversight board2. April 15, 2012: deadline to submit ROPS to the State Department of Finance, the State Auditor -Controller, and the County Auditor; and to post ROPS on Successor Agency website. May 1, 2012: deadline for all appointments to the oversight board May 1, 2012: deadline for Successor Agency to notify County Auditor -Controller if the total amount available to the SA is insufficient to fund the specified payments for the next six- month fiscal period. E. A Policy Could Be Adopted to Address the Appointment Process as long as such Policy Does Not Conflict with the Process Stated in ABx1 26 or Government Code section 40605 Council inquired whether a policy could be adopted which addresses the appointment process for the oversight board. A policy could be adopted which supplements ABx1 26 and Government Code section 40605 (addressing appoints, generally), but it cannot conflict or contradict either provision. As ABx1 26 does address the vacancy issue, however, it does not appear that a policy is needed to address such circumstance. CONCLUSION The provisions of ABx 1 26 provide a 60 day window for appointments to occur to fill vacancies. If a vacancy is not filled in that time frame, then the Governor fills the vacancy. ABx1 26 does not provide for alternate members, thus alternates could not be appointed. Back-up appointments for vacancies could occur and would be advisory in nature. Lastly, a policy that does not conflict or contradict ABx1 26 or Government Code se tion 40605 could be adopted. CL City Attorne ILVA 2 In the event the oversight board does not have a quorum appointed and ready to meet, then the ROPS will need to be sent in draft form to the other entities with an explanation of the status. In addition, while the Administrative Budget does not have a stated deadline, it does need to be prepared in 6 month increments, thus it makes sense to prepare and submit this budget with the ROPS. 3 Oversight Board Appointees and Vacancies March 20, 2012 Agenda Item Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate Niv ckt tFq tNCOR`PORATtl) Office of the City Attorney MEMORANDUM TO: Mayor and City Council FROM: City Attorney SUBJECT: Oversight Board Appointees and Vacancies Item 28 City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight DATE: March 16, 2012 The City Council has asked the City Attorney to return with further information regarding the appointment process applicable to the oversight board established pursuant to ABx1 26. Specifically, the City Council asked for: 1) further information regarding what occurs in the event of a vacancy to the oversight board; and, 2) further analysis regarding the ability to appoint "back-up" members in the case of a vacancy. Both of these questions are limited to the two appointments to the oversight board made by the Mayor. Lastly, the Council inquired into the possibility of a policy to address the appointment process, lists of employees, vacancies, alternates, and timelines. I. HEALTH AND SAFETY CODE SECTION 34179 GOVERNS THE OVERSIGHT BOARD APPOINTMENT PROCESS A. Health and Safety Code Section 34179(a) Addresses the Composition of the Oversight Board ABx1 26, as part of the dissolution of redevelopment agencies, requires each successor agency to "have an oversight board composed of seven members." Health and Safety Code section 34179(a). Two of the seven appointments are mayoral appointments. Health and Safety Code sections 34179(a)(2) and 34179(a)(7). The appointment process was previously discussed in a Memorandum to the Mayor and City Council, dated February 21, 2012. B. Health and Safety Code Section 34179(b) Addresses Vacancies Section 34179(b) states: The Governor may appoint individuals to fill any oversight board member position described in subdivision (a) that has not been filled by January 15, 2012, or any member position that remains vacant for more than 60 days. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 The date of January 15, 2012 has now been moved to May 15, 2012, as a result of the Supreme Court's ruling which extended deadline dates by four months. The deadline for the City to make its appointments to the oversight board is May 1, 2012. The May lst date fails to account for actions which must be taken by the oversight board by April 15, 2012. Given that the oversight board must take certain actions by April 15, 2012 to comply with other ABx1 26 deadlines, the City appointments have already occurred so that the oversight board can be seated as soon as a quorum is appointed'. The statute provides that the Governor does not make an appointment to fill a subsequent vacancy to the oversight board until 60 days have passed. Accordingly, should a vacancy occur to the oversight board, the appointing body has 60 days to fill that vacancy. Should the vacancy not be filled within that time frame, then the Governor may fill the appointment. Accordingly, the Mayor will have 60 days to fill an appointment should one or both of its members vacate their position. A position can be vacated either by resignation or removal. A member serves at the pleasure of the appointing entity. Health and Safety Code section 34179(g). There are not defined terms for members of the oversight board. C. "Back-up" Appointments to the Oversight Board ABx 1 26 neither contemplates nor authorizes "alternate" appointments. Thus, an alternate member could not be appointed to serve on the oversight board in the manner alternate appointments typically serve. The Council inquired as whether "back-up" appointments could be made, should a vacancy occur, to avoid the loss of that appointment to the oversight board. There is a 60 day window to fill vacancies, thus the appointment would not be immediately lost should a vacancy occur. Thus, there is no direct advantage to making "back up" appointments. In the event the Mayor sought to pursue "back-up" appointments, it should be noted such appointee would not have any authority to act or participate on the oversight board. They could attend the meetings as a member of the public. In addition, a "back up" appointment would be viewed more advisory in nature, because should a vacancy occur in the future, the Mayor and Council sitting at the time of the vacancy have the power to appoint and approve, respectively. Lastly, should "back up" appointments be sought, two such appointments would need to occur (one for each mayoral appointee). Overall, there is sufficient time to appoint a member to the oversight board in the event of a vacancy. Appointing "back-up" members does not provide any greater opportunity to fill a vacancy than already exists in the legislation. As of the date of this Memorandum, the City has not yet been notified by the other appointing agencies about their appointments. We anticipate the County to make its appointments on April 3, 2012. In addition, we await formal notification of the appointments by the County Water Authority, the County Board of Education, and the Chancellor of the California Community Colleges. 2 Oversight Board Appointees and Vacancies March 20, 2012 Agenda Item D. Upcoming Deadlines The Council asked staff to identify the most immediate deadlines regarding ABx1 26. Below are the most immediate upcoming deadlines. In addition, the previous presentation by Financial Advisor Michael Busch provided an exhaustive list of deadlines. April 1, 2012: deadline for Successor Agency to notify County Auditor -Controller if the total amount available to the SA is insufficient to fund the specified payments in the six-month fiscal period. April 15, 2012: last day for ROPS and Administrative Budget to be approved by oversight board2. April 15, 2012: deadline to submit ROPS to the State Department of Finance, the State Auditor -Controller, and the County Auditor; and to post ROPS on Successor Agency website. May 1, 2012: deadline for all appointments to the oversight board May 1, 2012: deadline for Successor Agency to notify County Auditor -Controller if the total amount available to the SA is insufficient to fund the specified payments for the next six- month fiscal period. E. A Policy Could Be Adopted to Address the Appointment Process as long as such Policy Does Not Conflict with the Process Stated in ABx1 26 or Government Code section 40605 Council inquired whether a policy could be adopted which addresses the appointment process for the oversight board. A policy could be adopted which supplements ABx1 26 and Government Code section 40605 (addressing appoints, generally), but it cannot conflict or contradict either provision. As ABx1 26 does address the vacancy issue, however, it does not appear that a policy is needed to address such circumstance. CONCLUSION The provisions of ABx1 26 provide a 60 day window for appointments to occur to fill vacancies. If a vacancy is not filled in that time frame, then the Governor fills the vacancy. ABx1 26 does not provide for alternate members, thus alternates could not be appointed. Back-up appointments for vacancies could occur and would be advisory in nature. Lastly, a policy that does not conflict or contradict ABx1 26 or Government Code se. ton 40605 could be adopted. CL City Attorn ILVA 2 In the event the oversight board does not have a quorum appointed and ready to meet, then the ROPS will need to be sent in draft form to the other entities with an explanation of the status. In addition, while the Administrative Budget does not have a stated deadline, it does need to be prepared in 6 month increments, thus it makes sense to prepare and submit this budget with the ROPS. 3 Oversight Board Appointees and Vacancies March 20, 2012 Agenda Item ITEM #29 3/20/12 CLOSED SESSION REPORT (CITY ATTORNEY)