Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2012 04-17 CC HA AGENDA PKT
Agenda Of A Regular Meeting — National City City Council/Community Development Commission - Housing Authority of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — April 17, 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 eston disponibles en el pasillo al pdncipio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings National City City Council /Community Development Commission/Housing Authority CITY COUNCIL PRESENTATIONS 04/17/12 - Page 2 1. Employee of the Month of April 2012 — Yolanda Felix — Training Coordinator — Police Department 2. San Diego One Site Vision Clinic Sponsors. (Council Initiated) 3. Brandon Hernandez, Sweetwater High School Senior — 2"d Place Winner of the Alliant International University Youth Entrepreneurship Competition Program. (Council Initiated) INTERVIEWS AND APPOINTMENTS 4. Interviews and Appointments: Public Art Committee (City Clerk) 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. 5. Approval of the Minutes of the Regular National City City Council of the City of National City meetings of March 20, 2012 and April 3, 2012. (City Clerk) 6. Resolution of the City Council of the City of National City approving Amendment No. 2 to the contract with D-Max Engineering for State Sanitary Sewer Management Plan, (SSMP) implementation assistance in the not to exceed amount of $57,000 and authorizing the appropriation from the Un-appropriated Sewer Fund Balance, and authorizing the Mayor to execute the 2nd Amendment. (Funded by Sewer Fund) (Development Services/Engineering) National City City Council /Community Development Commission/Housing Authority 04/17/12 - Page 3 CONSENT CALENDAR (Cont.) Resolution of the City Council of National City approving an Agreement between the City and D-Max Engineering, Inc. for the not to exceed amount of $100,000 for preparation of Storm Water Pollution Prevention Plans, assist with filing of Notices of Intent and provide environmental services for Capital Improvement Projects. (Funded by various CIP projects) (Development Services/Engineering) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the current contract with Atkins North America, Inc. formerly PBS&J for sewer billing services, tax roll preparation/financial administrative services for the not to exceed amount of $45,867 for fiscal year ending 2013. This Second Amendment to the current contract will increase the overall Agreement to $91,734. Funds are available in the Wastewater Division Contract Service account. (Public Works) 9. Resolution of the City Council of the City of National City waiving the bid process and authorizing the Mayor to execute a software maintenance agreement with Motorola Solutions, Inc. for a not -to -exceed amount of $25,089 to support the Motorola Premier MDC software. (Administrative Services) 10. Temporary Use Permit — Safe Summer Slam sponsored by Operation Samahan at 2841 Highland Avenue on April 28, 2012 from 8 am to 5 pm with no waiver of fees. (Neighborhood Services Division) 11. Temporary Use Permit — National City and Eugene Amano Football Camp at El Toyon Field on May 12, 2012 from 9 am to 2 pm sponsored by the City of National City Community Services Department and the Eugene Amano Foundation (Neighborhood Services Division) 12. WARRANT REGISTER #38 Warrant Register #38 for the period of 03/14/12 through 03/20/12 in the amount of $1,112,112.55. (Finance) National City City Council /Community Development Commission/Housing Authority 04/17/12 - Page 4 CONSENT CALENDAR (Cont.) 13. WARRANT REGISTER #39 Warrant Register #39 for the period of 03/21/12 through 03/27/12 in the amount of $509,593.54. (Finance) PUBLIC HEARING 14. Public Hearing — 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) (Planning) **Companion Item #15** NON CONSENT RESOLUTION 15. Resolution of the City Council of the City of National City taking action on 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) (Planning) **Companion Item #14** NEW BUSINESS 16. Time Extension Request — Conditional Use Permit for a wireless communication facility at 2005 Highland Avenue. (Applicant AT&T) (Case File 2011-06 CUP) (Planning) 17. Request to initiate a Street Vacation to vacate a portion of G Avenue, south of East 24th Street, west of Skate San Diego (Applicant: Michelle Snyder - Imperial Group) (Case File No. 2012-07 SC). (Planning) COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY No Housing Authority Items National City City Council /Community Development Commission/Housing Authority 04/17/12 - Page 5 STAFF REPORTS 18. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular National City City Council/Community Development/Housing Authority of the City of National City — Tuesday — May 1, 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.nationalcitvca.gov CALIFORNIA ITEM #1 4/17/12 MEMORANDUM March 29, 2012 TO Leslie Deese FROM Stacey Stev SUBJECT EMPLO rram�'' INCORPORATE CManager Human Resources Director F THE MONTII 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 April 2012 is Yolanda Felix — Training Coordinator By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, April 17, 2012 to be recognized for her achievement and service. Attachment cc: Yolanda Felix Chief Adolfo Gonzales Greg Seward - Sergeant Josie Flores -Clark — Executive Assistant Human Resources — Office File SS:lgr Performance Recognition Program (2) Human Resources Department 140 E. 12Th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov iJ NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: March 29, 2012 TO: Stacy Stevenson FROM: Adolfo Gonzales, Chief of Police SUBJECT: Performance Recognition Program 1 am proud to nominate Training Coordinator Yolanda Felix for the Performance Recognition Program for April 2012. Yolanda is being recognized for her energetic approach and tireless coordination efforts that have resulted in cost savings and needed training for law enforcement officers. Yolanda has updated and improved the accuracy and timeliness of training records and POST reporting. As a result of Yolanda's commitment and hard work, the National City Police Department has hosted various countywide trainings including DNA/CODIS training, Officer Survival, Administrative investigations, CPR / First Aide, Arson/Fire Death Investigations and High Profile Homicide investigations. Yolanda's tireless coordination efforts have resulted in a significant costs savings to the City and have provided needed law enforcement training for officers during fiscally challenging times. In addition, the National City Police Department has earned a reputation within the law enforcement community for hosting contemporary law enforcement training. Yolanda is commended for her work ethic, excellence and leadership. ITEM #2 4/17/12 SAN DIEGO ONE SITE VISION CLINIC SPONSORS (COUNCIL INITIATED) ITEM #3 4/17/12 BRANDON HERNANDEZ, SWEETWATER HIGH SCHOOL SENIOR - 2ND PLACE WINNER OF THE ALLIANT INTERNATIONAL UNIVERSITY YOUTH ENTREPRENEURSHIP COMPETITION PROGRAM (COUNCIL INITIATED) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2012 AGENDA ITEM NO.4 EM TITLE: INTERVIEWS AND APPOINTMENTS: Public Art Committee PREPARED BY: Michael R. Dalla PHONE: 619-336-4226 EXPLANATION: PUBLIC ART COMMITTEE DEPARTMENT: City Clerk APPROVED BY: Current Status: There has been one expired term on the Public Art Committee since June 2010. Claudia Elizabeth Torres was interviewed and is eligible for appointment to the unexpired term ending September 30, 2013. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Take action to fill the vacancy. BOARD / COMMISSION RECOMMENDATION: None. ATTACHMENTS: )lication CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission' Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Planning Commission x Public Art Committee* Traffic Safety Committee Sweetwater Authority Note: Applicants must be residents of the City of National City except for those marked by an * Name: Claudia Elizabeth Torres Home Address: 3506 Newberry St., National City CA 91950 Tel. No.: 619- 475- 4538 Business Affiliation: SIZ Studio (Design -Build Practice) Title: Principal Designer Business Address: 4020 Porte La Paz Unit 105, San Diego CA 92122 Tel. No.: 619. 279. 2283 Length of Residence in National City: 30 San Diego County: 30 California: 3o Educational Background: B.A. Visual Arts (Studio) with a Minor in Psychology; University of California San Diego MArch with a Minor in Art & Design; New School of Architecture& Design; NSAD Study Abroad Program: Rome, Italy Occupational Experience: Designer--Art/Architectural/Graphic; Drafter; California State Licensed General Contractor, Teaching Assistant for Architectural History/urban Studies/Codes/Structures; Architectural Intern Professional or Technical Organization Memberships: American Institute of Architects (Associate) Civic or Community Experience, Membership, or Previous Public Service Appointments: St. Judes Shrine of the West (San Diego), Just Call Us Volunteers (Feed the Homeless); Academic and Cultural Exchange Program: Excursion Teaching Assistant (Otay Ranch & SouthWest High Schools). Experience or Special Knowledge Pertaining to Area of Interest: Please refer to Educational and Occupational Experience Have you ever been convicted of a crime? No: x Yes: Date: 03. 12.2012 Signature: Please feel free to provide additional information or letters of endorse nentDD — r- Z7 Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. Residency requirements may not apply This documents is filed as a public document cn Cf1 Revisal: 12J02/10 1 ITEM #5 4/17/12 APPROVAL OF THE MINUTES OF THE REGULAR NATIONAL CITY CITY COUNCIL OF THE CITY OF NATIONAL CITY MEETINGS OF MARCH 20, 2012 AND APRIL 3, 2012 (CITY CLERK) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2012 AGENDA ITEM NO. 6 'EM TITLE: Resolution of the City Council of National City approving Amendment No. 2 to the contract with D-Max Engineering for Sanitary Sewer Management Plan, (SSMP) Implementation Assistance in the not to exceed amount of $57,000, authorizing the appropriation from the Un-appropriated Sewer Fund Balance, and authorizing the Mayor to execute the 2nd amendment. (Funded by Sewer Fund) PREPARED BY: PHONE: 4583 EXPLANATION: See attached Barby Tipton DEPARTMENT: Development Services/Engineering Division APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are available in the Un-appropriated Sewer Fund Balance ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Agreement Explanation On August 18, 2009 the City Council adopted a Sanitary Sewer Management Plan (SSMP). The development of a SSMP allows the City to comply with the terms of the State of California Water Resources Control Board (SWRCB) Order No. 2006-0003, as well as Order R9-2007-0005, subsequently adopted by Regional Board 9, the San Diego Region. These Orders mandate that all Federal & State agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California develop an appropriate SSMP development plan and schedule. The Sanitary Sewer System Waste Discharge Requirements (SSSWDR) requires reporting of Sanitary Sewer Overflows (SSO). The San Diego Regional Water Quality Control Board (RWQCB), which administers the SSSWDR in the San Diego Region 9, requires that all known SSOs, both public and private, and at any amount of flow be reported. During a recent audit by the RWQCB, the RWQCB delineated some issues they found in past SSO reports and have required the City to review, augment, and reissue several of these reports in question. In response to the RWQCB, request the City must complete a historical SSO reporting update as well as some procedural updates to the SSMP and submit them to the RWQCB as soon as reasonably possible. D-Max Engineering is currently under contract to assist the City to comply with the National Pollutants Discharge Elimination System (NPDES) Permit and the City's Jurisdictional Urban Runoff Management Program (JURMP), which includes inspection and reporting to the RWQCB. Because D-MAX Engineering has intimate knowledge of the RWQCB policies and procedures for the reporting of SSOs and their knowledge of the City and its practices, staff recommends that the current Storm Water contract be amended to include the services as outlined in Exhibit A in the not -to -exceed amount of $57,000. The attached scope of work is consistent with the requirements imposed by the RWQCB for the SSMP. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT WITH D-MAX ENGINEERING, INC., FOR SANITARY SEWER MANAGEMENT PLAN (SSMP) IMPLEMENTATION ASSISTANCE IN THE NOT TO EXCEED AMOUNT OF $57,000, AND AUTHORIZING THE APPROPRIATION FROM THE UN -APPROPRIATED SEWER FUND BALANCE WHEREAS, on August 18, 2009, the City Council adopted Resolution No. 2009- 197, approving the Sanitary Sewer Management Plan ("SSMP"); and WHEREAS, the development of a SSMP allows the City to comply with the terms of the State of California Water Resources Control Board (SWRCB) Order No. 2006- 0003, as well as Order R9-2007-0005, subsequently adopted by Regional Board 9, the San Diego Region. These Orders mandate that all Federal & State agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California develop an appropriate SSMP development plan and schedule; and WHEREAS, the Sanitary Sewer System Waste Discharge Requirements ("SSSWDR") requires reporting of Sanitary Sewer Overflows ("SSO"). The San Diego Regional Water Quality Control Board ("RWQCB"), which administers the SSSWDR in the San Diego Region 9, requires that all known SSOs, both public and private, and at any amount of flow, be reported; and WHEREAS, during a recent audit by the RWQCB, the RWQCB delineated some issues they found in past SSO reports and have required the City to review, augment, and reissue several of these reports in question; and WHEREAS, in response to the RWQCB request, the City must complete a historical SSO reporting update as well as some procedural updates to the SSMP and submit them to the RWQC; and WHEREAS, D-Max Engineering, Inc., is currently under contract to assist the City to comply with the National Pollutants Discharge Elimination System ("NPDES") Permit and the City's Jurisdictional Urban Runoff Management Program (JURMP), which includes inspection and reporting to the RWQCB. Because D-MAX Engineering, Inc., has intimate knowledge of the RWQCB policies and procedures for the reporting of SSOs and their knowledge of the City and its practices, staff recommends that the current Storm Water contract be amended to include the services in the not -to -exceed amount of $57,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 2 to the Agreement between the City of National City and D-MAX Engineering, Inc., in the not to exceed amount of $57,000 to provide Sanitary Sewer Management Plan Implementation Assistance. Said Amendment No. 2 to the Agreement is on file in the office of the City Clerk. Resolution No. 2012 — Page Two BE IT FURTHER RESOLVED that the City Council hereby approves the appropriation of funds in the amount of $57,000 from the Undesignated Sewer Service Reserve (Account No. 125-2371) to Contract Services (Account No. 125-406-029-299). PASSED and ADOPTED this 17th day of April, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. This Second Amendment to the Agreement, is entered into this 17th day of April, 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, on August 18, 2009 the City Council adopted a Sanitary Sewer Management Plan (SSMP) that allows the City to comply with the terms of the State of California Water Resources Control Board Order No. 2006-009, as well as Order R9-2007-0005, that mandate that all Federal and State agencies, municipalities, counties, districts and other public entities that own or operate sanitary sewer systems greater than one mile In length that collect and/or convey untreated or partially treated wasterwater to a publicly owned treatment facility in the Sate of California develop an appropriate SSMP development plan and schedule, WHEREAS, in a recent audit by the San Diego Regional Water Quality Control Board (RWQCB) which administers the Sanitary Sewer System Water Discharge Requirements delineated some issues they found in past sanitary sewer overflow(SSO) reports and has required the City to review, augment, and reissue several reports in question, and requested the City to complete a historical sanitary sewer overflow reporting update as well as some procedural updates to the SSMP and submit them as soon as reasonably possible, WHEREAS, D-Max Engineering is currently under contract to assist the City to comply with the NPDES and the City's Jurisdictional Urban Runoff Management Program, which includes inspection and reporting to the RWQCB, and D-Max Engineering has intimate knowledge of the RWQCB policies and procedures for reporting of sanitary sewer overflows, and is knowledgeable of the City and its practices, - 1 - City of National City/0-Max Engineering, Inc, Second Amendment to Agreement 1 WHEREAS, the Request for Proposal issued on March 16, 2011 included request to provide engineering, environmental services and assistance with implementing the City's National Pollutant Discharge Elimination System (NPDES) Program, and there is no additional benefit in going out for an additional Request for Proposal for this environmental issue, WHEREAS, the City desires to increase the scope of services by the CONSULTANT by adding assistance for the Sanitary Sewer Management Plan (SSMP) Implementation as outlined in the attached Exhibit "A", for the additional not to exceed amount of $57,000, for the remaining term of the Agreement, bringing the total not to exceed amount to $900,130. WHEREAS, the SSMP does involve environmental services which were not specifically listed in the request for proposal, 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 Sanitary Sewer Management Plan (SSMP) as outlined in attached Exhibit "A". 2. Section 4 "Compensation and Payment": Section 4 is amended by increasing the not to exceed amount by an additional $57,000, broken down by fiscal years, as follows: Amended Not to Fiscal Year Current Amount Exceed Amount Increase 2011-2012 $282,824 $302,824 $20,000 2012-2013 $280,153 $307,153 $27,000 2013-2014 $280,153 $290,153 $10,000 Total Amounts: $843,130 $900,130 $57,000 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. - 2 - City of National City/D-Max Engineering, Inc. Second Amendment to Agreement 2 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: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Arsalan Dadkhah President By: f6Qe " er Secretary - 3 - City of National City/D-Max Engineering, Inc. Second Amendment to Agreement D-MAx Engineering, Inc. Consultants in Water & Environmental Sciences April 3, 2012 Mr. Joe Smith Director Public Works Department City of National City 2100 Hoover Avenue National City, CA 91950 —ialb..MEI — �'_ NMI ▪ __— INN —_mu ® AN w INN A v — Milk Re: Proposal for Sanitary Sewer Management Plan Implementation Assistance Dear Mr. Smith: Per your request at our meeting on March 28, D-MAX Engineering, Inc. (D-MAX) is pleased to submit this proposal to assist the City of National City in complying with requirements of State Water Resources Control Board (SWRCB) Water Quality Order No. 2006-0003- DWQ, Waste Discharge Requirements for Sanitary Sewer Systems (hereafter, "SSSWDR"). Our proposed scope of services is described below. SCOPE OF SERVICES Task 1: SSO Reporting Assistance The SSSWDR requires reporting of Sanitary Sewer Overflows (SSO). The San Diego Regional Water Quality Control Board (RWQCB), which administers the SSSWDR in the San Diego Region, requires that all known SSOs, both public and private, be reported. During a recent audit by the RWQCB, RWQCB staff and consultants informed City staff that they had found a number of past SSOs that had not been reported to the RWQCB, and not all information required by the SWRCB had been collected for each spill. The state requires a significant amount of information for each spill, including size of spill, how far it traveled, and GPS coordinates. Without all the required information, a spill cannot be reported using the mandated reporting system, the California Integrated Water Quality System (CIWQS). In response to these findings, we propose to complete the following items for the City. • Procedure Updates o Develop a standard SSO reporting form for use by field staff. The form will be based on the required content for entry into CIWQS. We will determine which of the required items are best recorded by field staff, and which items can be determined by office staff after receipt of the initial information from field staff. The form will use check boxes and standard entries wherever possible. o Create flow charts and a table of responsibilities for routing, recording, and reporting SSO information. This information will clearly identify who is responsible for each step in the process, with the goal of preventing inadvertent lapses in reporting required information. o Prepare a discussion and table of required information that must be reported into CIWQS. The table will identify where in the process each item will be 7220 Trade Street ■ Suite 119 ■ San Diego, CA 92121 ■ (858) 586-6600 • Fax (858) 586-6644 Mr, Joe Smith City of National City April 3, 2012 Page 2 111111111/111..s S v s®a v ®EMv -v® s - r Av ®i IN&CRA obtained. The discussion will include City -specific processes for obtaining the information, such as protocols for estimating SSO volumes. Information in the existing Sanitary Sewer Management Plan (SSMP) will be used where possible in this task. The final written discussion and table will be included in the updated SSMP. ■ This writeup will also include procedures for collecting water quality monitoring data when applicable, as required by the RWQCB and by CIWQS reporting guidelines. • Historical Spill Reporting Assistance o Interview Public Works field staff to obtain information about historical spills dating back to the inception of the SSO reporting requirements mandated by the SSSWDR. Notebook entries or similar records from field staff will also likely need to be reviewed as part of this process. Note that RWQCB investigators went through a similar interview process during their recent program audit, but their notes have not been provided to the City. Because the process largely relies on staff memory rather than written records, it is possible that our interview process will lead to different results than those obtained by the RWQCB audit. o Record information obtained from interviewing field staff and reviewing applicable records in a spreadsheet with columns corresponding to the required information for CIWQS submittals. We anticipate that many of the required pieces of information will not be able to be obtained due to the relatively long amount of time between the present and the dates of the historical spills. If it is possible to make reasonable estimates of information, such as times that spills started and stopped, based on staff's recollection, then that information will be recorded in the spreadsheet and clearly identified as an estimate. o Prepare a summary report of findings. The report will document the process through which information was obtained, any assumptions made, and any further direction in how to proceed with reporting received from RWQCB staff. The completed spreadsheet will also be included as an attachment. o Assist the City in creating login information for CIWQS and entering data in CIWQS. The extent to which collected spill information will be able to be entered into CIWQS is unclear, since typically CIWQS does not allow reports to be submitted unless all required information has been filled in. • As previously mentioned, it is unlikely that all required information will be found for most of the historical SSOs. Our understanding is that City staff will work with RWQCB staff to determine the best way to report historical information, whether through CIWQS or through a separate report to the RWQCB. Task 2: SSMP Review and Update The City's SSMP was finalized in 2009, and it is required to be reviewed and updated every two years. We will assist the City in the review and update process by completing the tasks listed below; note that the process will be more efficient if the City is able to obtain a Microsoft Word version of its existing SSMP and provide it to us. • Review the City's SSMP to identify portions that should be updated. We expect that 5 Mr. Joe Smith City of National City April 3, 2012 Page 3 IIMP`_ '— N NINE 11=1 N ws MN AWN w— A v ss - grin these portions will primarily be implementation procedures. It is less likely that analyses of system characteristics, such the capacity analysis study, will need to be updated, as there have not been significant changes in the City's degree of development since 2009. • Revise the portions of the SSMP identified into the review process described above, and incorporate the revised text into a revised SSMP document. During this stage we will work closely with City staff to ensure suggested changes are as practical as possible within the context of existing operating procedures. o We will also incorporate revised fats, oils, and grease (FOG) program language that has already been developed and incorporate the revised SSO reporting procedures that will be developed as part of Task 1 above. • Prepare a memo summarizing the changes made to the SSMP and deliver both the memo and revised SSMP to City staff for comment Based on comments received, the final revised SSMP will be prepared. Both electronic and hard copies of the revised final document will be provided. Task 3: As -Needed Services We will assist the City with any additional SSMP implementation services that may come up, such as water quality monitoring in response to SSOs that reach a receiving water body; processing SSO report forms prepared by field staff, including finding additional required information (such as GPS coordinates) where necessary; or responding to further correspondence from the RWQCB, on an as -needed basis when requested by City staff. ESTIMATED COST AND SCHEDULE We propose to complete Task 1 before the end of fiscal year 2011-2012 and begin Task 2 in early 2012-2013. Task 3, as -needed services, will be provided on an ongoing basis at the discretion of City staff. We will provide the services detailed above on a time and materials basis in accordance with the same Schedule of Fees in our existing storm water management contract with the City. Not to exceed amounts by fiscal year are presented below. 2011-2012 (Tasks 1 and 3) $20,000 2012-2013 (Tasks 2 and 3) $27,000 2013-2014 (Task 3) $10,000 We look forward to working with you on this project. If you have any questions or would like to discuss this proposal in more detail, please give me a call at (858) 586-6600 ext. 22. Sincerely, D-MAx Engineering, Inc. ,Oadaa, Arsalan Dadkhah, Ph.D., P.E. Project Manager cc: Stephen Manganiello, Acting City Engineer 6 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2012 AGENDA ITEM NO. 7 EM TITLE: Resolution of the City Council of National City approving an Agreement between the City and D-Max Engineering, Inc. for the not to exceed amount of $100,000 for preparation of Storm Water Pollution Prevention Plans, Assist with filing of Notices of Intent and provide Environmental Services for Capital Improvement Projects. (Funded by various CIP projects) PREPARED BY: Barby Tipton PHONE: 4583 EXPLANATION: See attached DEPARTMENT: Development Servicestingineering Division APPROVED B FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Various funding sources for CIP Proiects APPROVED: This Agreement is for the "Not to Exceed" amount of $100,000 for services on an as needed basis ). ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: A Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: Some of the City's Capital Improvement Projects (CIPs) that are funded by Tax Increment and/or the 2011 Tax Allocation Bond may require a Storm Water Pollution Prevention Plans (SWPPP). The General Construction Pennit requires that SWPPP be prepared by a Qualified SWPPP Developer (QSD). The Capital Improvement projects that may require a SWPPP, include: 8`h Street Corridor Smart Growth Revitalization/Safe Routes to School, 8`h Street Corridor Safety Enhancements, IIighland Avenue Corridor Safety Enhancements, D Avenue Community Corridor/12th Street & D Avenue Roundabout, Coolidge Avenue Community Corridor/Safe Routes to School, 4th Street Community Corridor, Las Palmas Park Improvements, Kimball Park Improvements Aquatic Center. Our current on -call Environmental Consultant, D-Max Engineering, has a QSD on staff and can prepare required SWPPP's as needed. Further, the Request for Proposal issued on March 16, 2011 included a request to provide engineering, environmental services and assistance with implementing the City's National Pollutant Discharge Elimination System (NPDES) Program, and there is no additional benefit in going out for an additional request for proposal for this environmental issue. Additionally, time is of the essence in preparing SWPPP's. In accordance with the Cooperation Agreement for Commission's Payment of certain costs by and between the City of National City and the Community Development Commission of the City of National City adopted on February 15, 2011 the City is undertaking development of the above listed projects, which may require the preparation of a SWPPP by a QSD. The Cooperation Agreement does not constitute a pledge of the use of General Funds for the Capital Improvement Projects, but rather obligates the use of non -General Funding, such as Tax Increment and/or the 2011 Tax Allocation Bonds. We are requesting that Council approve this Agreement with D-Max, Engineering, Inc. that would allow staff to use the consultant to prepare SWPPPs and provide enviromnental services on an as needed basis for the Capital Improvement Projects mentioned above that have been identified and appropriated with Tax Increment and/or 2011 Tax Allocation BondsThe Agreement is for the "Not to Exceed" amount of $100,000 for services on an as needed basis, and various Capital Improvement Projects funds will pay for these services. 1 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. This Agreement, is entered into this 17th day of April, 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, D-Max Engineering is currently under contract to assist the City to comply with the NPDES and the City's Jurisdictional Urban Runoff Management Program, which includes inspection and reporting to the Regional Water Quality Control Board, (RWQCB); and, WHEREAS, D-Max Engineering, Inc. has intimate knowledge of the RWQCB policies and procedures and is knowledgeable of the City and its practices; and WHEREAS, certain Capital Improvement Projects require the preparation of a Storm Water Pollution Prevention Plan (SWPPP) by a Qualified SWPPP Developer (QSD); and WHEREAS, D-Max Engineering, Inc. has a QSD on staff and can prepare required SWPPPs as needed; and, WHEREAS, the Request for Proposal issued on March 16, 2011 included a request to provide engineering, environmental services and assistance with implementing the City's National Pollutant Discharge Elimination System (NPDES) Program, and there is no additional benefit in going out for an additional request for proposal for this environmental issue; and WHEREAS, time is of the essence in preparing the SWPPP; and WHEREAS, certain Capital Improvement Projects that will be utilizing Tax Increment and/or 2001 Tax Allocation Bond funding, and may require the preparation of SWPPPs by a QSD; and WHEREAS, pursuant to and consistent with the Cooperation Agreement for Commission's Payment of Certain Costs by and between the City of National City - 1 - City of National City/D-Max Engineering, Inc. SWPPP Development Coop Agmt! Bond Projects 2 and the Community Development Commission of the City of National City adopted on February 15, 2011 ("Cooperation Agreement"), the City is undertaking development of the following Capital Improvement Projects: 8th Street Corridor Smart Growth Revitalization/Safe Routes to School, 8th Street Safety Enhancements, Highland Avenue Corridor Safety enhancements, D Avenue Community Corridor/12th Street & D Avenue Roundabout, Coolidge Avenue Community Corridor/Safe Routes to School, 4th Street Community Corridor, Las Palmas Park Improvements, Kimball Park Improvements, Aquatic Center, some of which may require the preparation of a SWPPP by a QSD, on behalf of the Community Development Commission; and WHEREAS, said Cooperation Agreement does not constitute a pledge of the use of General Funds for the Capital Improvement Projects but rather obligates the use of non -General Funding such as 2011 Tax Allocation bonds and/or Tax Increment funding. NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will prepare Storm Water Pollution Prevention Plans (SWPPPs), assist with preparation and filing of Notices of Intent and other environmental services required for Capital Improvement Projects. The scope of work will be defined for each project and will be outlined on the individual proposal submitted as time of the request. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Officer for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT -2- City of National City/D-Max Engineering, Inc. SWPPP Development Coop Agmt / Bond Projects 3 shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Arsalan Dadkhah thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work requested and performed, not -to - exceed a total of $100,000.00. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished and satisfactorily as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. CONSULTANT acknowledges and accepts that CITY is undertaking the Capital Improvement Projects pursuant to its obligations set forth in the Cooperation Agreement by and between the City of National City and the Community Development Commission of the City of National City, and that CITY is not committing its general funds to payment for these services, but rather the 2011 Tax Allocation Bond proceeds and/or tax increment funds, and/or funds. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates on June 30, 2014. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. -3- City of National City/D-Max Engineering, Inc. SWPPP Development Coop Agmt / Bond Projects 4 Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and 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 CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subconsultants, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subconsultant(s) shall require the subconsultant to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and - 4 - City of National City/D-Max Engineering, Inc. SWPPP Development Coop Agmt / Bond Projects 5 employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANTS trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. -5- City of National City/D-Max Engineering, Inc. SWPPP Development Coop Agmt / Bond Projects 6 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone -6- City of National City/D-Max Engineering, Inc. SWPPP Development Coop Agmt!Bond Projects 7 whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTS, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this -7- City of National City/D-Max Engineering, Inc. SWPPP Development Coop Agmt / Bond Projects 8 Agreement. In addition, the "retro" date must be on or before the date of this Agreement. ment. H. Any aggregate insurance limits must apply solely to this Agree - 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 been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over - 8 - City of National City/D-Max Engineering, Inc. SWPPP Development Coop Agmt / Bond Projects 9 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 CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: -9- City of National City/D-Max Engineering, Inc. SWPPP Development Coop Agmt / Bond Projects 10 To CITY: To CONSULTANT: City of National City Stephen Manganiello, City Engineer 1243 National City Blvd National City, CA 91950 Arsalan Dadkhah, President 7220 Trade Street San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. SPECIAL LIMITED OBLIGATION. Consultant acknowledges and agrees that recovery of any damage claim by the Consultant against the City or any liability or financial obligation of the City pursuant to this Agreement and the ancillary agreements and documents is and shall be a special limited obligation, payable - 10 - City of National City/D-Max Engineering, Inc. SWPPP Development Coop Agmt / Bond Projects 11 solely from payments made to the City by either the Community Development Commission of the City of National City or its successor known as the Successor Agency to the Community Development Commission as the National City Redevelopment Agency [collectively, the Agency] and is not and shall not be a pledge of or obligation payable through the City's general fund or any other funds of the City. Nothing in this Agreement or any ancillary agreements or documents shall require or be deemed to require the City to expend or commit to expend monies from its general fund to satisfy any of the obligations set forth in this Agreement or any ancillary agreement or document. In the event the City does not have the funds to fulfill any financial obligation under this Agreement or any ancillary agreement or document, which is subject to its foregoing limitation, it shall not be considered a default or a material breach under this Agreement or under such ancillary agreement or document. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this 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. I. Entire Agreement. This Agreement supersedes any prior agree- ments, 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 City of National City/D-Max Engineering, Inc. SWPPP Development Coop Agmt / Bond Projects 12 employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY D-MAX ENGINEERING, INC. By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney - 12 - By: L7/2,kti l Arsalan Dadkhah President By: ,Jon Quenzer Secretary City of National CityfD-Max Engineering, Inc. SWPPP Development Coop Agmt! Bond Projects AC R� EP CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/28/2011 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(5), 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 I5 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 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. 0A99520 INSURED D-MAX Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 United States CONTACT NAMECertificate Department PHONE (A/C Nq Ent): 619-234-6848 E-MAIL ADDRESS: CertificatesScavignac.com PRODUCER CUSTOMER ID A: DMAXE-1 FAX TAX No):$19-234-8601 INSURER(S) AFFORDING COVERAGE NAIC INSURER A:TRAVFLERS PROIL CAS_ CO OF AMF 25674 INSURERB: CATLIN INS CO INSURER C 19518 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 105506 • 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. INSR LTR TYPE OF INSURANCE ADDL SUBR INSR MD POLICY NUMBER POLICY POLICY EXP (MMfDOlVYTV) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY I X I OCCUR 6807350L622 1/1/2012 1/1/2013 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1, 000, 000 X X GEN'L CLAIMS -MADE Contractual Liab. MED EXP (Any one person) $ 10, 000 PERSONAL &ADV INJURY $ 1,000,000 Separation of Insureds GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER, POLICY I X l PELT LOC PRODUCTS - COMP/OP AGG $ 2, 000, 000 $ p AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA8924L251 1/1/2012 1/1/2013 COMBINED SINGLE LIMIT Ea accident) $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ S $ _ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACII OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I I (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS below N / A DP55271,628 1'1/2012 1/1/2013 X WC STATU- OTH- TORY LIMITS I ER_ E.L. EACH ACCIDENT $ 1, 000,000 E.L. DISEASE- EA EMPLOYE $ 1, 000, 000 E.L. DISEASE - POLICY LIMIT $ 1 , 000 000 B Professional Liability AED985360113 1/1/2012 3/1/2013 , Ea Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) RE: Storm Water Services. The City of National City, its elected officials, officers, agents, and employees are additional insured with respect to general liability per attached & auto liability per policy form. Waiver of Subrogation applies to workers compensation per attached. CANCELLATION City of National City 1243 National City Blvd, National City, CA 91950-4397 United States ACORD 25 (2009/09) 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 Dorothy Amundson © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo a e registered marks of ACORD EXIGIS - CAVIGNAC & ASSOCIATES 168001 Page 2 of 5 POLICY NUMBER: 6807'1501,622 COMMERCIAL GENERAL LIABILITY DATE ISSUED: 1/1/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): PROJECT/LOCATION OF COVERED OPERATIONS: PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Schedule above is an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal 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; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products - completed operations hazard". CG 03 82 09 07 Such person or organization does not qualify as an additional insured for "bodily injury", "property damage", or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the rendering of or failure to render any "professional services". e. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this coverage part, whichever are less. This endorsement does not increase the limits of insurance stated in the 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission 15 Page 3 of 5 LIMITS OF INSURANCE (Section III) for this coverage part. B. The following is added to paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the additional insured shown in the Schedule, the insurance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in CGD3820907 COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed. a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. 2007 The Travelers Companies, Inc. Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission 16 Page 4 of WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: UHSb27Y62e WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be "Au of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANISATION FOR WHICH THE NAMED INSURED HAS AGREED HY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Page 5 of 5 17 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING, INC., FOR THE NOT TO EXCEED AMOUNT OF $100,000 TO PREPARE STORM WATER POLLUTION PLANS, ASSIST WITH FILING OF NOTICES OF INTENT, AND PROVIDE ENVIRONMENTAL SERVICES FOR CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a contractor to prepare storm water pollution plans, assist with filing of Notices of Intent, and provide environmental services for capital improvement projects; and WHEREAS, the City has determined that D-Max Engineering, Inc., is a professional engineering and environmental consulting firm, and is qualified by experience and ability to perform the services desired by the City, and D-Max Engineering, Inc. is willing to perform such services for the not -to -exceed amount of $100,000. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an agreement with D-Max Engineering, Inc. in the amount of $100,000 to prepare storm water pollution plans, assist with filing of Notices of Intent, and provide environmental services for capital improvement projects. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of April, 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: April 17, 2012 AGENDA ITEM NO. 8 EM TITLE: resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the current contract with Atkins North America, Inc., formerly PBS&J, for sewer billing services, tax roll preparation/financial administrative services for the not to exceed amount of $45,867 for fiscal year ending 2013. This second amendment to the current contract will increase the overall agreement to $91,734. Funds are available in the Wastewater Division contract service account. PREPARED BY: Joe Smith PHONE: 336-4587 EXPLANATION: See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. 125-422-222-299-0000 DEPARTMENT: P blic W rks APPROVED BY: APPROVED: APPROVED: Sufficient funds are available in Wastewater Division's contract services account ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Second Amendment to Agreement with Atkins North America BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: iIanation posed Second Amendment Proposed Resolution Explanation On June 17, 2003 the City Council by resolution number 2003-88 approved the creation of a database that was used to transfer the collection of sewer service fees to the County of San Diego Tax Rolls. Each year since we have created a similar database that is delivered to the County of San Diego Assessor's office for this reason. This resolution and second amended agreement will provide similar Sewer Billing, Tax Roll Administration and Financial services for Fiscal year 2012-2013. If approved Atkins North America, Inc., (Atkins), formerly known as Post, Buckley, Schuh & Jernigan, Inc (PBS&J), will provide these services at the same rate of compensation and under the same terms as stated in our present agreement through June 08, 2013. The cost of these services for fiscal year ending 2013 shall not exceed the contract amount of $45,867 without prior written approval from the City. This second amendment to the current contract will increase the overall agreement amount between the City of National City and Atkins to $91,734. This contract will be funded through the Wastewater Division's contract services account number 125-422-222-299. This amended agreement will provide continued assistance with annual administration of our sewer service billing. This will include the updating of any changes that may have occurred to the customer database. These changes will be matched with the Sweetwater Authority's water accounts as well as the County Assessor's information and the associated charges from these changes will be applied. Atkins will then prepare a list of these changes for Council approval subsequent to a public hearing. Once approved a sewer billing data tape will be provided to the County Assessor's office for their review, approval, and implementation. This agreement will also include database review, tracking reports and other services required to match Sweetwater Authority's meter data, County Assessor information and/or National City's records. In addition, Atkins staff members will respond to customer phone calls, written inquiries and assist City staff to respond to billing questions. As time is of the essence Staff request that the City Council approve the second amendment and authorize the contract extension with Atkins. This will allow sufficient time to interface with Sweetwater Authority, compile the needed data from City departments and their staff, build a compatible database, perform quality control review (Q&A), prepare for a public hearing, and then perform a second round of Q&A with County staff to insure the billing data is accurate prior to going on the tax rolls. These tasks must be preformed in a timely manner to insure that all information is delivered to the County prior to their mandated deadlines. Staff believes that because of Atkins' intimate knowledge of National City's sewer billing matrix and database format that they are best qualified to provide the City consultant services to accomplish this task within the deadlines set by the County Assessor. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH ATKINS NORTH AMERICA, INC., FOR SEWER BILLING, TAX ROLL PREPARATION, AND ADMINISTRATIVE SERVICES FOR THE NOT TO EXCEED AMOUNT OF $45,867 FOR FISCAL YEAR ENDING 2013 WHEREAS, on June 8, 2010, the City Council adopted Resolution No. 2011-92, approving an Agreement with Post, Buckley, Schuh & Jernigan, Inc., D/B/A PBS&J to provide sewer billing, tax roll preparation, and administrative services for Fiscal Year 2010-2011 for the not -to -exceed amount of $45,867; and WHEREAS, on April 19, 2011, the City Council adopted Resolution No. 2011-92, approving a First Amendment to the Agreement memorializing the company's name change from Post, Buckley, Schuh & Jernigan, Inc., (" PBS&J") to Atkins North America, Inc. ("Atkins"), effective April 1, 2011, with all other terms and conditions of the Agreement remaining the same; and WHEREAS, the City and Atkins desire to amend Section 6 of the Agreement (Length of the Agreement) to extend the term of the Agreement for one-year, expiring on June 8, 2013, to provide sewer billing, tax roll preparation, and administrative services for Fiscal Year 2012-2013 for the not -to -exceed amount of $45,867, and a total not to exceed amount of $91.734. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement between the City of National City and Atkins North America, Inc., to extend the Agreement for a one-year term, expiring June 30, 2013, to provide sewer billing, tax roll preparation, and administrative services for Fiscal Year 2012-2013, in the amount of $45,867. Said Second Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of April, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ATKINS NORTH AMERICA, INC., (FORMERLY POST. BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J)) FOR SEWER BILLING AND TAX ROLL PREPARATION AND ADMINISTRATION SERVICES This Second Amendment to Agreement is entered into this 3rd day of April, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and ATKINS NORTH AMERICA, INC., (formerly Post, Buckley, Schuh & Jernigan, Inc. ("PBS&J")) a consulting engineering firm (the "CONSULTANT"). RECITALS A. WIIEREAS, on June 08, 2010, CITY and ATKINS NORTH AMERICA, INC., entered into an agreement entitled Agreement by and between the City ofNational City and Post, Buckley, Schuh & Jernigan, Inc., D/B/A PBS&J to provide sewer Billing and Tax Roll preparation and administrative service for Fiscal Year 2010-2011, for the not -to -exceed amount of $45,867. B. On April 19, 2011, CITY and CONSULTANT (together the "PARTIES") entered into a First Amendment to the Agreement memorializing the name change of the CONSULTANT from Post, Buckley, Schuh & Jernigan, Inc., ( PBS&J) to Atkins North America, Inc., effective April 1, 2011, and amended Section 6 of the Agreement (Length of the Agreement), to extend the term for one year for Fiscal Year 2011-2012, expiring on June 8, 2012, for the same amount of compensation. C. The Parties now desire to amend Section 6 of the Agreement to extend the term of the Agreement for an additional one-year through June 8, 2013 for services for Fiscal Year 2012-2013, for the not to exceed amount of $45,867. NOW, TIIEREFORE, the parties hereto agree that the Agreement entered into on June 8, 2010, shall be amended by extending the term of the Agreement for an additional one-year for the not -to -exceed amount of $45,867 for Fiscal Year 2012-2013, as set forth in the attached Exhibit "A". The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated June 8, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney ATKINS NORTH AMERICA, INC. (Corporation — signatures of two corporate officers required) By: Ernesto Aguilar, PE Vice President By: Carmen Kasner, PE Associate Vice President SCOPE OF SERVICES FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION March 14, 2012 In response to your request Atkins is pleased to submit this proposal to you for financial services for the City of National City (Client). 1. SCOPE OF SERVICES Based on our current understanding of the Project, Atkins will provide the following services: A. Tax Roll Preparation Based on current County Assessor's information, business license applications and building permits, the sewer customer database will be updated and matched with the Sweetwater Authority's water accounts and annual usage. It should be noted that business license and building permit data that is incomplete and do not match up with Assessor Parcel Numbers cannot be updated. Data that cannot be matched will be returned to the City for further research. Using updated information, sewer charges will be calculated based on approved sewer user rates for each fiscal year. The list of sewer charges will be prepared for approval by the City Council and then submitted to the County of San Diego for processing on the property tax rolls. Direct bills will be sent to government agencies, such as the school district, since they cannot be billed with the property tax bills. It is assumed that 30 (thirty) direct billing statements will be mailed. B. Respond to Customer Inquiries This task provides for responses to customer phone calls and inquiries regarding the annual service charges. This proposal assumes that 30 phone calls will be received and that all of these customers will request detailed breakdowns, in the form of written correspondence, regarding their sewer bills and usage (because there are multiple meters on one property, etc.). If additional calls are received, 'they will be addressed as additional services. EXHIBIT "A" e. N II. ADDITIONAL SERVICES If requested by the Client, Atkins will provide the following Additional Services, beyond the services included in Section I, Scope of Services: Additional customer inquiries beyond those addressed in Section I. A. Meetings and any additional project related services not specifically included in Section I, Scope of Services. B. Field visits or additional research of parcels that do not match up with Sweetwater's water meter data, business licenses or building permit information. 111. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Client shall provide Atkins copies of all relevant reports, studies, correspondence, and other relevant project information or data. Customer water use data will be provided electronically by Sweetwater Authority, in a format that can be converted to Microsoft Excel. Under this agreement for services, Atkins shall be entitled to rely upon the accuracy and completeness of the water usage information and financial data provided by the Client in performing its services, without liability. Unless requested in writing by Client, Atkins will not, and have no obligation to perform any manner of check, review or verify the accuracy orcompleteness of the data provided. B. Assign one person to serve as the Client's Project Manager who has authority to represent the Client and will serve as the point of interface for all project issues and communications. In addition, this person will serve as the initial contact for customer inquiries regarding sewer charges. C. A complete written description of all pertinent project information and issues, including all unusual or critical requirements of the Client. D. Perform site visits to confirm water meter locations, service addresses, or land use, as needed. FEES AND CONDITIONS FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION March 14, 2012 A. The Services described in Section I, Scope of Services, will be provided on an hourly rate basis with an estimated upper limit of $45,867 for 2013. Should the City wish to enter into a multi -year contract to provide tax roll administration, each subsequent year would be adjusted by 5% to account for inflation. A breakout of these fees by task is included in the table below. Task FYE 2010 Task A — Tax Roll Preparation $31,230 Task B — Customer Service $13,864 Direct Expenses $773 Totals $45,867 The fees for the Services described in Section II, Additional Engineering Services, will be provided on an hourly rate basis in accordance with the Atkins Standard Rate Schedule in effect at the time the services are performed. A copy of the current Standard Rate Schedule is attached. ATKINS SOUTHWEST INFRASTRUCTURE STANDARD RATE SCHEDULE EFFECTIVE JANUARY 1, 2012 ENGINEERING SERVICES Principal Engineer IV $219.00 Principal Engineer 111 209.00 Principal Engineer II 196.00 Principal Engineer I 180.00 Supervising Engineer II 170.00 Supervising Engineer I 155.00 Senior Engineer III 145.00 Senior Engineer II 140 00 Senior Engineer I 130.00 Engineer III 120.00 Engineer II 115.00 Engineer I 105.00 Engineering Aide 70.00 CONSTRUCTION RELATED SERVICES Senior Construction Manager $175.00 Senior Project Engineer (Const.) 135.00 Construction Manager 130.00 Senior Field Representative* 115.00 Construction Management Rep. II* 100.00 Construction Management Rep. I* 90.00 Prevailing Wage Field Rep.** 125.00 Sr. Contract Administrator 110.00 Contract Administrator 85.00 ENVIRONMENTAL SCIENCE SERVICES Supervising Scientist $225.00 Senior Scientist III 205.00 Senior Scientist II 170.00 Senior Scientist! 160.00 Scientist III 140.00 Scientist II 120.00 Scientist I 110.00 Assistant Scientist 87.00 Research Assistant 65.00 Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, Califomia 92130 Telephone: +1.858.874.1810 Fax: +1.858.259.0741 www. a /ki n g l o b a 1. co m/ northame r i ca PUBLIC AFFAIRS/COMMUNITY RELATIONS Project Manager $170.00 Community Relations Specialist 140.00 Assistant Project Manager 125.00 Account Coordinator 80.00 OTHER PROFESSIONAL SERVICES Principal Professional $196.00 Supervising Professional 170.00 Sr. Professional III / Sr. GIS Analyst III 150.00 Senior Professional II / Sr. GIS Analyst II 135.00 Senior Professional I / Sr. GIS Analyst 1 122.00 Professional II / GIS Analyst 11 101.00 Professional I / GIS Analyst I 88.00 DESIGN & GRAPHIC SERVICES Senior Designer III $140.00 Senior Designer II 135.00 Senior Designer I 120.00 Designer II 110.00 Designer I 100.00 CAD Technician III 95.00 CAD Technician II 85.00 CAD Technician 1 70.00 Graphics Designer 11 100.00 Graphics Designer I 95.00 ADMINISTRATIVE SERVICES Senior Administrator $105.00 Senior Administrative Assistant III 95.00 Senior Administrative Assistant II 85.00 Senior Administrative Assistant I 80.00 Administrative Assistant III 75.00 Administrative Assistant II 65.00 Administrative Assistant I / Clerk 60.00 EXPENSES AND OUTSIDE SERVICES Identifiable non -salary costs that are directly attributable to the project, such as reproduction costs, telephone charges, mileage, postage, eta, are billed at actual cost plus 15 percent to cover overhead and administration costs plus 3 percent for insurance costs. Fees for subconsultant services provided are billed at actual cost plus 15 percent to cover overhead and administration costs plus 3 percent for insurance costs. Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day. Computer Aided Drafting, hydrologic water, sewer and stormwater modeling, GIS, automated mapping, database and web programming, etc., is charged at $5 per labor hour. If applicable, a vehide allowance of $8.00 per hour will be charged for the use of a company vehide assigned to an inspector. * Non -Prevailing Wage ** Prevailing Wage Rate - Overtime will be charged at 1.25 times and Sundays and holidays will be charged at 1.70 times the above rates. PAYMENT TERMS A late payment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance cornrrencing 30 days after the date of original invoice. This rate schedule is subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general costs of business. rivWmin\St idard Rate Sheetsi2011 Ratesl2011 Standard Rate Sbeet - San Diego.docx CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2012 AGENDA ITEM NO. 9 M TITLE: Resolution of the City Council of the City of National City waiving the bid process and authorizing the Mayor to execute a software maintenance agreement with Motorola Solutions Inc. for a not -to -exceed amount of $25,089 to support the Motorola Premier MDC software. PREPARED BY: Ron Williams DEPARTMENT: _ •s:;tive - -rvices PHONE: 619-336-4373 APPROVED : ' llry EXPLANATION: WM" Motorola Solutions Inc. provides software maintenance and support services for the National City Police Department Mobile Data Computer (MDC) terminals. The Premier MDC software is a proprietary application utilized by Police Officers in the field to communicate with dispatchers via Mobile Data Computer terminals in police cars. Motorola Solutions Inc. is seeking a $50,000 limitation of liability in this contract. The greatest risks associated with the contractual scope of work would require reinstallation ($250) of the Premier MDC software, or replacement ($3200) of a Mobile Data Computer terminal at a cost significantly Tess than $50,000. Agreement is for one year with three optional one year renewals. Cost is $25,089 at year one increasing five percent each year to $29,044 at year four. It is requested that Council waive the formal bidding requirements as allowed in Chapter 2.60.220 of the Municipal Code, and award the maintenance contract to Motorola Solutions Inc. for the following reasons: Motorola Solutions Inc. is the sole entity qualified to support the proprietary MDC Premier Software ,go further purpose would be served by issuing a formal bid at thi- point in the process. FINANCIAL STATEMENT: ACCOUNT NO. 629-403-082-281-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: / 4Jp Finance APPROVED: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ract RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ANNUAL SOFTWARE MAINTENANCE AGREEMENT WITH MOTOROLA SOLUTIONS, INC., IN THE NOT TO EXCEED AMOUNT OF $25,089 TO SUPPORT THE MOTOROLA PREMIER MOBILE DATA COMPUTER SOFTWARE WHEREAS, the City desires to employ a consultant to provide software maintenance and support for the National City Police Department's Mobile Data Computer ("MDC") terminals; and WHEREAS, currently, Motorola Solutions, Inc., provides software maintenance and support for the National City Police Department's Mobile Data Computer ("MDC") terminals; and WHEREAS, the Premier MDC software is a proprietary application utilized by police officers in the field to communicate with dispatchers via Mobile Data Computer terminals in police vehicles; and WHEREAS, due to the proprietary nature of the Premier MDC software, Motorola Solutions, Inc. ("Motorola"), is the sole entity qualified to provide on -going software maintenance and support; and WHEREAS, it is requested that Council waive the formal bidding requirements as allowed by National City Municipal Code Section 2.60.220 (B), which states that the City may dispense with the formal bid process when City Council determines that there is only one source from which a particular commodity is available and there is no adequate substitute. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Motorola Solutions, Inc., in the not to exceed amount of $25,089, to provide software maintenance and support for the National City Police Department's Mobile Data Computer ("MDC") terminals. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of April, 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 MOTOROLA SOLUTIONS, INC. THIS AGREEMENT is entered into as of this 1st day of April, 2012 and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Motorola Solutions, Inc., a "CONTRACTOR". RECITALS WHEREAS, the CITY desires to continue to employ a CONTRACTOR to provide Maintenance and support services for the CITY'S Premier MDC system used by CITY'S Police Department. WHEREAS, the CITY has determined that the CONTRACTOR is a software support business_ 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 agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or its authorized subcontractors under the supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. (Software Support) . The CONTRACTOR will perform services as set forth in the attached Exhibits "A" through "D". 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 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. 3. PROJECT COORDINATION AND SUPERVISION. Ron Williams 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 1 City's Standard Agreement —2011 revision the CONTRACTOR. Cindy Marnin thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The annual compensation due for all work is $25,089.00. An annual invoice will be processed for payment at the beginning of the term of the agreement and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. Price(s) are exclusive of any taxes, duties, export or customs fees, including Value Added Tax or any other similar assessments imposed upon Seller. If such charges are imposed upon Seller, Customer will reimburse Seller upon receipt of proper documentation of such assessments. 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. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on 4/1/12. The duration of this Agreement is for the period of 4/1/12 through 3/31/13. The City has the option of renewing this Agreement for three additional one- year extensions. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. [Intentionally omitted.] 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 employees 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, unemploy- ment, 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 (except in the context of a major corporate reorganization but with notice). Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. City's Standard Agreement —2011 revision 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 or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The 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. 3 City's Standard Agreement —2011 revision 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. Except as otherwise may be required under the California Public Records Act, the CITY and CONTRACTOR may from time to time communicate to the the other partycertain confidential information that is conspicuously marked as confidential to enable the other party to effectively perform the services to be provided herein. The receiving party shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the disclosing party. The receiving party shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein (i.e., those on a "need to know" basis). The foregoing obligation of this Section 14, 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 receiving party, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the receiving party without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the receiving party 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. The receiving party shall be liable to the disclosing party for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. CONTRACTOR will indemnify, defend, and hold CITY, its officers and employees harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or damage, reasonable attorney's fees and defense costs, which may accrue against CITY, its officers and employees to the extent it is arising out of or resulting from the negligence or wrongdoing of CONTRACTOR, its subcontractors, or their employees or agents, while performing their duties under this Agreement, provided that CITY gives CONTRACTOR prompt, written notice of any such claim or suit. CITY shall cooperate with CONTRACTOR in its defense or settlement of such claim or suit. This section sets forth the full extent of 4 City's Standard Agreement —2011 revision CONTRACTOR'S general indemnification of CITY, its officers and employees from liabilities that are in any way related to CONTRACTOR'S performance under 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 SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked 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"). The policy shall include the CITY and its officers, and employees as additional insureds By blanket endorsement. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering bodily injury and property damage arising out of its operations under this Agreement. The policy shall include the CITY and its officers, and employees as additional insureds, blanket endorsement. 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 blanket waiver of subrogation in favor of the City. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers and employees. F. 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. G. Insurance shall be written with only California admitted companies that 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. 5 City's Standard Agreement —2011 revision H. Upon execution of the Agreement, an Acord 25 form certificate of insurance shall be provided. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the teens 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. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by negotiations with senior managers of each party and, if that is not successful within a reasonable time period, by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to litigation. 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 negotiation or mediation shall be resolved by litigation in San Diego County, California, or if the parties then so agree, by binding 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 upon thirty (30) days written notice 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. 6 City's Standard Agreement —2011 revision CONTRACTOR will have an opportunity upon receipt of such notice to cure the alleged default within the notice period. 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 and that are promised deliverables under this Agreement, 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 Ternination, 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 Cfl'Y 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 he in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Ron Williams IT Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONTRACTOR: Cindy Marnin Motorola Solutions, Inc. 7237 Church Ranch Blvd., Suite 406 Westminster, CO 80021 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, 7 City's Standard Agreement —2011 revision 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. 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 corning 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 22 by the CONTRACTOR. II 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. LIMITATION OF LIABILITY. Except for personal injury or death or damage to property, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed $50,000. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. 25. WARRANTY. Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re -perform the non -conforming Service or to refund, on a pro-rata basis, the fees paid for the non -conforming Service. MOTOROLA DISCLAIMS ALL 8 City's Standard Agreement —2011 revision OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 26. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this 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. I. Audit. [Intentionally omitted.] J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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. 9 City's Standard Agreement —2011 revision M. Force Majeure. Neither party will be liable for its non-performance or delayed performance if caused by an event, circumstance, or act of a third party that is beyond such party's reasonable control. IN WITNESS WIIEREOF, the parties hereto have executed this Agreement on the date, and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney MOTOROLA SOLUTIONS, INC. (Corporation- signatures of two corporate officers) By: Leo Heffernan Director of System Integration By: (Name) (Print) (Title) 10 City's Standard Agreement —2(1 I I revision Exhibit A DESCRIPTION OF COVERED PRODUCTS MAINTENANCE AND SUPPORT AGREEMENT 262 CUSTOMER: National City Police Department Site Identification Numbers Product Premier MDCTM Site Id PSA0344_(PMDC) The following table TERM: 4/1/12 — 3/31/13 lists the Products under maintenance coverage: Product Description Service Level Qty Term Fees Premier MDCTTM Server Software License (21-40 units) Client Software ((21-40 units) In -House Client Software Interface CAD to Standard Motorola API 24x7 1 36 1 1 TOTAL MAINTENANCE $25,089.00 Motorola Solutions, Inc. PSA M&SA Exhibit A Version 8-12-11 11 Exhibit B CUSTOMER SUPPORT PLAN MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 411/12 —3/31/13 CUSTOMER: National City Police Department Introduction Welcome to Motorola Solutions Customer Support. We appreciate your business and look forward to serving your needs on your Public Safety Applications system. The Customer Support Plan is designed to provide Motorola Solutions customers the details necessary for understanding Motorola Solutions overall support processes and policies as a compliment to the Motorola Solutions Maintenance and Support Agreement. The Motorola Solutions Maintenance and Support Agreement is the legal and binding contractual terms for which services are provided under. Questions or concerns regarding your support plan can be directed to your Support Manager. Below are the topics outlined in this Customer Support Plan: I. Service Offerings 11. Accessing Customer Support III. Severity Levels and Case Management IV. Responsibilities V. Customer Call Flow VI. Contacts !. Service Offerings Motorola Solutions Customer Support organization includes a staff of Support Analysts whom are managed by Motorola Solutions Customer Support Managers and are chartered with the direct front-line support of our customers. A Support Analyst is a system technologist responsible for providing direct or escalation support. A Support Analyst is sometimes referred to as a Customer Support Analyst ("CSA") or Technical Support Analyst ("TSA") or Technical Support Representative. Motorola Solutions Support Organization offers a multi -layered approach to a total service solution. Levels of support are defined as follows: Service Levels Level 0 Level 1 Level 2 Logging, dispatching and tracking service requests Selected is call support, triage and resolution Telephone and/or on -site support for normal technical requirements Level 3 Level 4 High-level technical support prior to Engineering escalation Engineering software code fixes and changes Motorola Solutions, Inc. BSA M&SA Exhibit B Version 8-12-11 12 Motorola Solutions provides to customers on an active maintenance and support agreement defined services and Software Releases. Specific support definitions, offerings and customer responsibilities are detailed in section 3 of the main body of the maintenance and support agreement. ll. Accessing Customer Support The Motorola Solutions System Support Center Operations Motorola Solutions' Public Safety Applications Technical Support personnel in cooperation with Motorola Solutions' System Support Center ("SSC") provide the gateway to technical support for all of Motorola Solutions Public Safety Application systems. Accessing support through Motorola Solutions' toll free 800 number, web ticketing or email ticketing ensures accurate case handling and tracking. The goal of the Support team and SSC is to make certain systems are restored and running at peak levels as quickly as possible. This is accomplished by obtaining accurate customer and problem details and by directing your requests to the right support team in a timely manner. The System Support Center offers total call management including: • Single point of contact for Motorola Solutions service requests • Logging, dispatching and tracking of service requests • System capabilities to identify pending cases and automatically escalate to management • Database and customer profile management • Standard reports with on -demand distribution • Case notification Motorola Solutions' System Support Center operates 24 hours a day, 7 days a week, 365 days a year. That means you can call us anytime. Support Center personnel enter requests for service, technical assistance, or telephone messages into a database system. Every time you call us, we log information about your request into the tracking system so that the information is available for reference and analysis to better serve your future service needs. Another benefit of logging every service request is that Motorola Solutions and customers can track the progress from initial contact to final resolution. There are three options for accessing Support at Motorola Solutions: 1. Motorola Solutions System Support Center Toll Free Number 2. eCase Management through Motorola Solutions On -Line 3. Email Case Ticketing Option 1 - Call Motorola Solutions System Support Center Upon contact with the SSC personnel, you will provide the name and phone number for Customer contact and your agency and product specific Site Identification number. Providing a brief problem description will assist in defining the severity level and determine proper case routing to the appropriate Motorola Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 13 Solutions technical support team member. A unique tracking number will be provided to your agency for future reference. Generally customers calling the toll -free 800 number will access Public Safety Applications technical support directly. For heavy call times or after hours the caller will be directed to Motorola Solutions' System Support Call Center Operations. Once the logging process is complete customers are transferred directly to a Technical Support Analyst during Technical Support Operation Hours (6:00 a.m. to 6:00 p.m. Mountain Time, Monday to Friday). After support operation hours (6:00 p.m. to 6:00 a.m. Mountain Time, Weekends and Motorola Solutions Holidays) customers will be contacted within the contractually specified period of time by a Technical Support Analyst. Motorola Call Flow Customer / Customer �1 Creates an I calls 800. !I eCase via `, 323-9949 %tOL or Em� " An auto notification is sent to the customer with the case I number that was created. \ / Response to these cases is / A case is / within 2 hours. v auto logged / in Clarify / Yes -No- Hollow process to create a PO J Yes Product support team? CAD, JAIL, MOBILE, LRMS, CSR Is this a new issue? Yes Use the keyword list to vI determine customer's case seventy \ Create a tech support case. Provide customer their case number Motorola Solutions, Inc. PSA M&SA Exhibit B 14 RMS Open and refer to existing Case Yes Create a tech support case. Provide customer their case number Open and refer to existing Case Use the key'lword list to determine cu ltomer's case sev4rity Version 8-12-11 Technical Staff Call Flow An auto notification is sent to the customer with resolution information The Support Analyst WAS the issue making updates to the Clarify case. i An auto notification is sent to the customer with an update Nits, I Is the issue I The Support escalated to an SR Yes- itittl Analyst logs the in Clearquest?/ SR. No The Support Analyst works the Clarify case to resolution. Support technician closes the Clarify case End customer , process _J4 An Engineer works the SR and makes updates to the Clarify case. The Engineer works the SR to resolution. Support technician closes the Clarify case after FRB and CrashTrack process. An auto notification is sent to the customer with an update An auto notification is sent to the customer with an update An auto notification is sent to the customer with an update Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 15 Cali Flow After -Hours After Hours No Yes CAD, PMDC, JAIL, LRMS, CSR C@ d Htose$s Yes Yes Call Support 48111,04Tnica Ay Use the keyword list to determine customer's case severity Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 16 How to Obtain Technical Support for Products Action / Response Step 1. Call the System Support Center 1-800-323-9949 Step 2. Select option 2 (Technical Support) Step 3. Select option 6 (Public Safety Applications) Step 4. Select product specific option Step 5. Provide Site Identification Number (See Exhibit A -Description of Covered Products for Site Identification Numbers) Step 6. Provide Your Information Caller Name Contact Phone Number Description of problem Severity of system problem determined at time of call Time available for call back Email address Step 7. Case Number Generated Caller will receive a Case number for tracking the service request. Check Status The caller may check the status of a Case at any time by calling the System Support Center at 1-800-323-9949 and following steps 2-4 above and providing the case number. Case Assignment The Customer Support Representative will determine a course of action and assign the Case to the appropriate group. Standard Response Time RESPONSE See Section III for Severity Level definitions Severity 1: 1 hour Severity 2: 3 business hours Severity 3: 6 business hours Severity 4: 2 business days Step 8. Notification of CASE All Activity Case Notifications are available for up to 4 persons. Notifications are sent via pager or email when any of the following events occur on a Case: Open, Assigned, Site Arrival, Deferred or Closure. To request case notifications, please contact your Support Manager. Notification of CASE Open/Close Activity Case Notifications are available for up to 4 persons. Notifications are sent via pager or email when any of the following events occur on a Case: Open or Closure. To request case notifications, please contact your Support Manager. Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 17 Option 2 - Submit a ticket via eCase Management from Motorola Solutions On -Line Motorola Solutions On -Line eCase Management provides a fast, intuitive, and efficient interface for Technical Case Management that allows customers to open, update, and view the status of their cases on the web. Accessing the Technical Case Management web site Once you have set up your agency's Motorola Solutions On -Line Account, to access the site simply log onto Motorola Solutions at businessonline.Motorola.com with your user ID and password, click on the Contact Us 4 Open Case, and select System Support Issue from the Issue Type drop -down. Primary Features of On -Line Technical Case Management Motorola Solutions customers have three main functions available through Motorola Solutions On - Line to manage their cases: A. Open new cases B. Search for existing cases and view details of the existing case C. Update existing cases by adding notes A. Open a New Case 1. Log into Motorola Solutions On -Line 2. Click on the "Contact Us" 4 Open Case 3. Then select the Reason Code = System Support Issue (and the page will automatically reload) Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 18 Welcome to the Open Request Screen. From here, you may open a request which will be tracked and routed to the proper Motorola Employees. To permanently change your email address or phone number, you must go to the Motorola Membership Site Cadacl Name: Motorola Online WebID Comact Phone: B00-814-0601 Contact Finail: cucmh10@hotmail.com Reason: Website Issue Title: Description: Credit Issue Order Issue Pre -Sale Inquiry Product Issue Service Issue Training Issue Website Issue 4. Fill in the Case Title (description of request) and choose the applicable Site (which are listed alphabetically) 5. Choose case type Technical Support, Severity Level and Public Safety Applications System 6. Fill in a detailed description of your issue 7. Click "Create Case" Screen Shot from Steps 4-6 h./aka-ore ID Iha Open0rgorl Screen, Fran here, you nay open a requea wb,nh'nil be irached and rolled te thr proper Motorola Emplogece. to permanently change -four srnoi added or phone marker, y.mi ns1 go la the hiolomq hnarrbaehp Wto C.dndee.or Penn State Ten Wet& Contact Maw 047 28.4i2] Caaitai&nat penmtateiea itleel.cun Rt13NK Icy arm E=11Fod L•srel' Tffaz I SyseuoiSniLir: )Pieaae..T'^�i Cat lrvr= lPlaaa' ify su,orry IPkerea *City 111 &WADI,. Ptaae sp ' OiraCrgiMa Email Confirmation 1. eCase Management will give immediate confirmation of case number (new case numbers are 8 digits long) 2. The confirmation screen includes "expand all" and "collapse all" buttons for case notes Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 19 B. Search fora Case 1. Log into Motorola Solutions On -Line 2. Click on the "Contact Us" -> Search Case 3. Select the "System Support Issue" type (the webpage will automatically reload) c�nn _._____. Mats' ere, RA asap £* a eirnta.� Cum Rms.: TO, nr� eft.e....PAPP.,..m L L Wein mu 11,4.cuss Coam4+r. 5pm.. 2 a.naui yym��y T{�PI C. Add Notes to an Existing Case 1. You can also add notes after submitting your case, by clicking on the "Add Notes" button C. Con,liiio Open Cuttaiaar mint' TEST CUSTOMER Caen !•iteem! Net iteelenr l laouo Type: 'es.yriiarti awed Cane SONIte: W I Contact Name, TeSt Test Vicki() Contact MAC g}7 7254932 Combed bleat. ItesittVitecjfkorineSt 12'31.23H aSQ 3 P4 '8S'E''f!iUl7t Title- TEST System Site IUo I4DT1133 Sys6an Sit¢ Hama: Test 1te e7S an x 4ETpt I . Sycmm, IT Crete Tytim Uceep& tdenagecant i t',rortsl ,,., '. Petaw,.FKEF4et7t . &Wald Motorola Solutions On -Line Support Motorola Solutions, Inc. PSA M&SA Exhibit B 20 Version B-12-11 1. Motorola Solutions does not recommend using this tool for opening Severity 1 or 2 cases. For any critical issues, customers should contact the System Support Center by calling 800-323-9949 and following the appropriate prompts. 2. The same guidelines would apply to updating cases with critical information. Any critical updates should be reported directly to Support at 800-323-9949. 3. When updating case notes, please provide your contact information, which includes your phone number, pager number, etc. For questions on Motorola Solutions On -Line eCase Management or administrative support, please contact the Motorola Solutions Online Helpdesk at molhelpl(c�Motorolasolutions.com or call 800-814- 0601. Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 21 Requirements for effective usage: Browser: Internet Explorer 5.0 or greater Valid MOL user ID and Password Motorola On-line Flow Yes s the produc supported by Boulder or Salt Lake City? Boulder Assign the case to the "PSA Boulder Clarify Queue" Sall Lake City -- Follow the I. process to create a PO / Assign the Tech Support case to the "PSA Salt Lake City" Clarify Queue The case is assigned to the appropriate queue. An auto notification is sent to the owners of the queue. Motorola Solutions, Inc. PSA M&SA Exhibit B 22 Version 8-12-11 Option 3 - Submit a ticket via Email Case Management An alternative Customer Support tool is available for PSA customers. Along with the toll -free phone number and Motorola Solutions Online, customers can request technical support by email. For many customers who use their PDA as a means to open cases, email ticketing provides additional flexibility for initiating cases. To ensure proper case management and contractual response, email ticketing is only available for severity levels three and four. In order to properly process a ticket via email, the message must be formatted exactly as described below: Instructions are also located under "Resources" at: https://motonline.mot.com 1. Address your email to PSACASE(a MotorolaSolutions.com 2. Type PSA Service Request and a brief description of the system issue in the Subject line of the e-mail message. This will become the case title 3. Type Site ID = followed by the site identification number of the system location 4. Type Product Type= followed by the product family type. Choose from the following list: • CAD (OR FRIENDS OF CAD, such as AWW, ATM, AVL and UDT) • CSR (CUSTOMER SERVICE REQUEST) • INFOTRAK, LRMS • JAIL MANAGEMENT (OFFENDERTRAK) • MOBILE APPLICATIONS (PMDC, AIRMOBILE, TXMESSENGER) • NETRMS 5. Type Contact First Name = followed by your first name or the name of the person you would like support personnel to contact 6. Type Contact Last Name = followed by your last name or the name of the person you would like support personnel to contact. 7. Type Phone Number = followed by the area code and phone number where the contact person may be reached 8. Type Severity Level = followed by either severity level 3 or 4. All severity level one or two cases must be opened via the toll -free PSA customer support number 9. Type Problem Description = followed by a comprehensive description of the problem 10. Send the message to us. You will receive an email with your case number for future reference. If an email response is not received, or if you need to open a severity level one or two case, please contact the PSA customer support at 1 800-323-9949 for further assistance. SAMPLE Email Ticket Formatting: PSA Service Request: NetRMS Reports Not Functional Site ID number: PSA12345 (NetRMS) (Clarify site identification number) Product type: NetRMS (Specific product such as LRMS, NetRMS, Premier MDC, etc:) Contact first name: John Contact last name: Doe Phone number: 303-123-4567 Sevet ity level: Level 3 (Email ticketing is available for severity levels three and four orM Problem desciiption: NetRMS does not allow for the creation of manual case repoits which is affecting`the generation of daily reports (Include a comprehensive description of the problem) Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 23 ►!!. Severity Levels and Case Management Motorola Solutions services and response times are based on the severity levels of the error a customer is experiencing as defined below. This method of response allows Motorola Solutions to prioritize its resources for availability on our customer's more severe service needs. Severity level response time defines the actions that will be taken by Motorola Solutions' Support team. Due to the urgency involved in some service cases, Motorola Solutions will make every reasonable effort to provide a temporary or work around solution. When a permanent solution is developed and certified through testing, it will be incorporated in to the applicable Supplemental and or Standard Release. �j' & ` -'� G„ '% ) E14i : , i[4 �' vb} ©}� I i P' , 4 A ! y ,p A l 4 I Y"U. m sl r Y 'Q t,'# 4 '" .yt -• Telephone conference within 1 Hour of initial voice notification 1 Total System Failure - occurs when the System is not functioning and there is no workaround; such as a Central Server is down or when the workflow of an entire agency is not functioning. This level is meant to represent a major issue that results in an unusable System, Subsystem, Product, or critical features. No work around or immediate solution is available. 2 Critical Failure - Critical process failure occurs when a crucial element in the System that does not prohibit continuance of basic operations is not functioning and there is usually no suitable work- around. Note that this may not be applicable to intermittent problems. This level is meant to represent a moderate issue that limits a Customer's normal use of the System, Subsystem, Product or major non -critical features. Telephone conference within 3 Business Hours of initial voice notification during normal business hours 3 Non -Critical Failure - Non -Critical part or component failure occurs when a System component is not functioning, but the System is still useable for its intended purpose, or there is a reasonable workaround. This level is meant to represent a minor issue that does not preclude use of the System, Subsystem, Product, or critical features. Telephone conference within 6 Business Hours of initial notification during normal business hours 4 Inconvenience - An inconvenience occurs when System causes a minor disruption in the way tasks are performed but does not stop workflow. This level is meant to represent very minor issues, such as cosmetic issues, documentation errors, general usage questions, and product or System Update requests. Telephone conference within 2 Standard Business Days of initial notification Incoming cases are automatically assigned an initial Severity Level of 3, unless otherwise indicated or determined at the time the case is logged. When escalation is required, Motorola Solutions adheres to strict policy dictated by the level of problem .severity. Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 24 Severity Level One Escalation Once an issue is escalated to Engineering, the following table is used as an Engineering resolution guideline for standard product problems. k'9'p@$ I •V A'.Yeite k �fi RESPONSIBILITY CRITICAL ACTION 0 Hours Initial service request is placed. Support Analyst begins working on problem and verifies / determines severity Support Analyst level. 2 Hours If a resolution is not identified within this timeframe, SA escalates to the Customer Support Manager who Support Analyst assigns additional resources. Email notification to Customer Support Manager Director of Customer Support and Director of System Integration. 4 Hours If a resolution is not identified within this timeframe, Customer Support Manager escalates to the Director of Customer Support Manager Customer Support and Director of System Integration to Director of Customer Support assign additional resources. Email notification to Vice Director of Systems Integration President of System Integration and Vice President Customer Support. 8 Hours If a resolution is not identified within this timeframe, Customer Support Manager Director of Customer Support escalates to Vice Director of Customer Support President of System Integration, Vice President of Director of Systems Integration Support, and account team. VP of System Integration VP of Customer Support 12 Hours If a resolution is not identified within this timeframe, Senior Management Director of Customer Support escalates to Vice Support President of System Integration, Vice President of Operations Support, and account team, Senior Vice President's of Systems Integration Operations, System Integration, Customer Support and Engineering Engineering. All Severity Level 1 problems will be transferred or dispatched immediately to the assigned Motorola Solutions technical support representative, to include notification to Motorola Solutions management 24x7. All other severity level problems logged after business hours will be dispatched the next business morning. 3.1 Reporting a Problem. Customer will assign an initial Severity Level for each error reported, either verbally or in writing, based upon the definitions listed above. Because of the urgency involved, Severity Level 1 or 2 problems must be reported verbally to the Motorola Solutions' call incoming center. Motorola Solutions will notify the Customer if Motorola Solutions makes any changes in Severity Level (up or down) of any Customer -reported problem. 3.2 Motorola Solutions will use best efforts to provide Customer with a resolution for Severity 1 and Severity 2 issues within a reasonable time and in accordance with the assigned Severity Level when Customer allows timely access to the System and Motorola Solutions diagnostics indicate that a Residual Error is present in the Software. Should Customer report an error that Motorola Solutions cannot reproduce, Motorola Solutions may enable a detail error capture/logging process to monitor the System. If Motorola Solutions is unable to correct the reported Residual Error within a reasonable time, Motorola Solutions will escalate its procedure and assign such personnel or designee to correct such Residual Error promptly. Should Motorola Solutions, in its sole discretion, determine that such Residual Error is not present in its Release, Motorola Solutions will verify: (a) the Software operates in conformity to the Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 25 System Specifications, (b) the Software is being used in a manner for which it was intended or designed, and (c) the Software is used only with approved hardware or software. Error Correction Status Report. Motorola Solutions will provide verbal status reports on Severity Level 1 and 2 Residual Errors. Written status reports on outstanding Residual Errors will be provided to System Administrator on a monthly basis. IV. Key Responsibilities 4.1 Motorola Solutions Responsibilities 4.1.1 Anti -virus software. At Customer's request, Motorola Solutions will make every reasonable effort to test and verify specific anti -virus, anti -worm, or anti -hacker patches against a replication of Customer's application. Motorola Solutions will respond to any reported problem as an escalated support call. 4.1.2 Customer Notifications. Motorola Solutions will provide access to (a) Field Changes; (b) Customer Alert Bulletins; and (c) hardware and firmware updates, as released and if applicable. 4.1.3 Account Reviews. Motorola Solutions will provide annual account reviews to include (a) service history of site; (b) downtime analysis; and (c) service trend analysis. 4.1.4 Remote Installation. At Customer's request, Motorola Solutions will provide remote installation advice or assistance for Updates. 4.1.5 Software Release Compatibility. At Customer's request, Motorola Solutions will provide: (a) current list of compatible hardware operating system releases, if applicable; and (b) a list of Motorola Solutions' Software Supplemental or Standard Releases 4.1.6 On -Site Correction. Unless otherwise stated herein, all suspected Residual Errors will be investigated and corrected from Motorola Solutions' facilities. Motorola Solutions will decide whether on -site correction of any Residual Error is required and will take appropriate action. 4.1.7 Decision Support System ("DSS") Products Software only). The CAD DSS products are annual consultation hours not to exceed eight invoiced on a time and material basis at professional services. . (Applies to Motorola Solutions' Premier CAD supported on a consultative basis only with (8) hours. Any additional consultation will be Motorola Solutions' then current rates for 4.1.8 Compliance to Local, County, State and/or Federal Mandated Changes. (Applies to Software and interfaces to those Products) Unless otherwise stated herein, compliance to local, county, state and/or federally mandated changes, including but not limited to IBR, UCR, NCIC and state interfaces are not part of the covered Services. 4.1.9 Annual System Performance Review and Report. Motorola Solutions will prepare the following reports to include: 4.1.9.1 (Applies to Premier CAD Software only) (a) System Analysis MEASURE: PEEK: VIEW SYS: EMSA/TMDS: File Sizing (b) Pathway Analysis Evaluate disk and CPU load Evaluate memory availability and use Evaluate use and availability of PCBs Review logs for hardware reports Review file sizing on changeable files Evaluate effectiveness of system configuration for current load Evaluate TCP/Server statistics Evaluate efficiency of server class maximum and minimum Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 26 settings (c) Performance TMX Timings: Evaluate application response times Analysis 4.1.9.2 (Applies to Motorola Solutions® Computer Aided Dispatch Software installed on Stratus ftServer only) • Update Equipment drivers • Upload Equipment patches, hot fixes and firmware • Evaluate effectiveness of System configuration for current load based upon overall CPU Utilization 4.1.9.3 Based on the Annual System Performance Review and Reports, Motorola Solutions' Technical Support Analyst will review findings and recommend software or hardware changes to improve overall operations. (The below listed terms are applicable only when the Maintenance and Support Agreement includes (a) Equipment which is shown on the Description of Covered Products, Exhibit A to the Maintenance and Support Agreement; or (b) CAD HP NonStop S-Series hardware in addition to the Motorola Solutions CAD Software.) 4.1.10 On -site Product Technical Support Services. Motorola Solutions will furnish labor and parts required due to normal wear to restore the Equipment to good operating condition. 4.1.11 Seller Response. Motorola Solutions will provide telephone and on -site response to Central Site, defined as the Customer's primary data processing facility, and Remote Site, defined as any site outside the Central Site, as shown in Support Plan Options and Pricing Worksheet. 4.1.12 At Customer's request, Motorola Solutions will provide continuous effort to repair a reported problem beyond the PPM. Provided Customer gives Motorola Solutions access to the Equipment before the end of the PPM, Motorola Solutions will extend a two (2) hour grace period beyond PPM at no charge. Following this grace period, any additional on -site labor support will be invoiced on a time and material basis at Motorola Solutions' then current rates for professional services. 4.1.13 CAD HP NonStop S-Series Services Continuous The PPM is 24 hours a day, 7 days a week. On -site response time is Availability within two (2) hours for customers within 50 miles of an HP Service Center. Includes on -site coverage for national holidays. High Availability The PPM is 24 hours a day, 7 days a week. On -site response time is within four (4) hours. Includes on -site coverage for national holidays. Enhanced Availability The PPM is 8 a.m. — 5 p.m. Monday -Friday, excluding national holidays. On -site response time is next business day. 4.1.13.1 Under all CAD HP NonStop Series hardware.service plans, coverage will include: • Perform corrective service during the PPM specified in the Plan. • Log all service requests and furnish telephone and/or on-line diagnostic services from the Motorola Solutions' call intake center or the HP Nonstop Global Management Call Support Center (GMCSC) 24 hours per day, 7 days per week. • Furnish all labor, parts, materials, and on -site service during the PPM as necessary to ensure HP NonStop Series hardware is operating in accordance with applicable published specifications. Replacement parts will be new or equivalent of new in performance. Replaced parts will become the property of HP. Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 27 • Install any mandatory Field Change Order(s) required for the safety or proper operation of maintained HP NonStop Series hardware. • Assign an HP area Lead with rotational Customer Engineers based on geographical regions that will be responsible for providing service. • Provide unlimited level 0 support provided by Motorola Solutions' System Support Center • Provide unlimited level 1, 2, and 3 technical telephone support provided by Motorola Solutions' Technical Support Team • Escalation to Engineering for 4th level support as appropriate • Telephone and Remote dial -in support Software patches, bug fixes and Supplemental (maintenance) releases as described in the maintenance and support agreement terms Repair or exchange of hardware component failures during the warranty term (as applicable) Respond to customer's support requests timely. Response criteria are based on severity level as described in Section III of this document. 4.1.14 Support on Hardware Customer will provide all on -site hardware service or is responsible for purchasing on -going maintenance for 3rd party on -site hardware support. Third party support on some system components may be available through Motorola Solutions' maintenance and support agreement. Customer will contact the appropriate vendor directly for parts and hardware service if not purchased through Motorola Solutions' maintenance and support agreement. 4.1.15 Support on Motorola Solutions Software Motorola Solutions will provide any required software fixes in the form of either a "patch" or in a Supplemental (maintenance) Release. 4.1.16 Maintenance Contract Administration Motorola Solutions' Maintenance Contracts Administration Department manages the maintenance agreement following the warranty term that may be included in the purchase of a Motorola Solutions system. Approximately four months prior to the expiration of the warranty period, the Contracts Administration team will contact the customer to discuss the options available for their specific site. The terms of the agreement can be customized to your agency's budgetary requirements and cycle. Motorola Solutions offers various levels of support to meet an agency's requirements, for example: • Telephone, dial in support for software fixes • Varying hours of coverage • Third party vendor services • On -site services • Users Conference • Professional Services 4.1.17 Reports Service history reports and notifications are available from the Motorola Solutions call tracking system. If you are interested in obtaining access to service history reports and ticketing notifications, inquire with your Technical Support Representative. 4.2 Customer Responsibilities 4.2.1 Initial logging of issue Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 28 4.2.2 Assist in assessing severity level 4.2.3 Contact Motorola Solutions to escalate service requests 4.2.4 Parts replacement (if applicable) 4.2.5 Dial in connectivity and telephone access to Motorola Solutions personnel 4.2.6 Anti -virus software. Customer is responsible for running any installed anti -virus software. 4.2.7 Operating System ("OS") Upgrades. Unless otherwise stated herein, Customer is responsible for any OS upgrades to its System. Before installing any OS upgrade, Customer will contact Motorola Solutions to verify that a given OS upgrade is appropriate. 4.2.8 Trouble Report Form To better assist us in gathering details for analyzing and repairing your system errors, Motorola Solutions has created the Trouble Report Form (page 17). Completion of this form by the customer is voluntary. The Trouble Report form helps Motorola Solutions Technical Support reduce errors by increasing the understanding of the problem description definition. It may also improve repair time by understanding the probability of repeat errors. Additionally, should escalation to Motorola Solutions' Engineering team be required, information gathered on this form will aid by potentially avoiding the wait associated with error reoccurrence. Information customers provide on the Trouble Report form will assist Motorola Solutions Support team expedite the troubleshooting process. Your assistance in providing the information is appreciated. Once you complete the form, please e-mail or fax this form to the Technical Support Representative assigned to work on the issue reported. Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 29 Trouble Report Form Agency Name: Contact Name: Contact Phone: Severity Level: Subject: ProductNersion: Problem Description: Motorola Solutions Case Number: E-mail Address: Contact Fax: CAD Correction#: Please ensure that the description provided is asdetailas possible. By including accurate details, Motorola Solutions' opportunity to resolve the issue: promptly and successfully' increases. Please be sensitive to the use of verbiagerthat.is specific to youragency or area of the countfy. Full understanding of the facts on, a reportedissue increases MotorolatSolutiohs' probability of locating a root cause and achieving a timely resolution. Steps to Motorola Solutions understands that duplication is not always easy. However, if you are able to duplicate the issue,. Duplicate: providing us with the detailed: keystrokes will greatly -improve our ability to correct the issue in question. When unable to duplicate the iSsu'e on demand, providing us with, detailed steps that preceded the issue reported will greatly help. Step One: Step Two: Step Three: I Step Four: Step Five: Step Six: Step Seven: Additional Steps: Expected Results: Actual Results: Configuration Checked: Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 30 V. Customer Call Flow To Be Provided By Customer VI. Contact Information Motorola Solutions Contacts CONTACT PHONE NUMBER-„ Motorola Solutions System Support Center (800) 393-9949 Mike Burpoe Director, Customer Support MVW436@motorolasolutions.Com (303) 527-4010 Ken Atkinson Technical Support Manager — CAD, Records, Mobile ken.atkinson(a,motorolasolutions.com (303) 526-4088 Wayne Parent Technical Support Lead — Records Applications Wayne.Parent(a motorolasolutions.com (801) 230-7032 Phillip Askey Technical Support Lead — Mobile Applications P.AskevCo?motorolasolutions.com (720) 565-4764 Shelley Rhoads Customer Support Business Manager srhoadst,motorolasolutions.com (951) 245-7416 Customer Contacts (to be provided by Customer Customer Agency Name: Address: City, State and Zip: Billing Contact Name: Phone No: Fax No: Email: Backup System Administrator Name: Phone No: Fax No: Email: Service Escalations Contact Name: Title: Phone No: Email: Motorola Solutions, Inc. PSA M&SA Exhibit B Version 8-12-11 31 Exhibit C SUPPORT PLAN OPTIONS AND PRICING WORKSHEET Maintenance and Support Agreement # 262 Term Start Date 4/1/12 Term Length Term End Date 12 Months 3/31113 CUSTOMER AGENCY Address City, State, Zip Contact Name Contact Title Telephone Number Email Address National City Police Department 1200 National City Blvd. National City, CA 91950 David Noteware (619) 336-4509 Dnoteware@ci.national-city.ca.us BILLING AGENCY Address City, State, Zip Contact Name Telephone Number Email Address National City Police Department 1200 National City Blvd. National City, CA 91950 David Noteware (619) 336-4509 Dnoteware@ci.national-city.ca.us MOTOROLA SOLUTIONS SERVICES ® STANDARD SUPPORT SERVICES 1 Customer Support Plan 2 Case Management 24X7 $ Technical Support Monday through Friday 8:00 a.m. to 5:00 p.m. Customer local time $ Included Third -party Vendor Coordination $ Included 5 On -site Support (when applicable) $ Included 6 System Audit for PremierCAD HP NonStop $ Included 7 SW Releases: Standard & Supplemental 8 Access to Users Group Site TERM FEES $ 25,089.00 $ Included $ Included SUPPLEMENTAL SERVICE OPTIONS Service Descriptions Available Upon Request 24x7 Technical Support Svcs $ Included 2 Time and Materials 3 Professional Services Training 4 Professional Services Upgrades 5 Preventive Maintenance 6 Users Conference Advance Purchase 7 On -site Support (Dedicated Resource) 8 GeoFile Services MOTOROLA SOLUTIONS TOTAL FEES $ 25,089.00 USERS CONFERENCE ATTENDANCE ADVANCE PURCHASE DETAILS ❑ Users Conference Attendance ($2,650 per Attendee) • Registration fee • Hotel accommodations (booked by Motorola Solutions) • Daily meal allowance determined by Motorola Solutions guidelines) Year • 2012 Number Attendees 0 Roundtrip travel for event (booked by Motorola Solutions) Rental car (booked by Motorola Solutions) Prepared by: CindyMarnin, 303-527-4097, CindyMarnin@MotorolaSolutions.com Motorola Solutions, Inc. PSA M&SA Exhibit C 32 Version 8-12-11 Exhibit D LABOR RATES MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 4/1/12 — 3/31/13 CUSTOMER: National City Police Department The following are Motorola Solutions' current billable rates, subject to an annual change. The following rates apply to Customers with a current, active Maintenance and Support Agreement. Billable rates apply to services provided outside of the PPM. SERVICE HOURS 8 a.m.-5 p.m. M-F (local time) LABOR RATES $186 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Solutions Holidays $279 per hour, 2 hours minimum The following rates apply to Customers without a current, active Maintenance and Support Agreement. SERVICE HOURS 8 a.m.-5 p.m. M-F (local time) LABOR RATES $372 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Solutions Holidays $558 per hour, 2 hours minimum Above rates reflect labor rate only. Additional fees for on -site travel expenses, third party expenses and /or materials will be quoted at the time of customer request for services. Motorola Solutions, Inc. PSA M&SA Exhibit D Version 8-12-11 33 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2012 AGENDA ITEM NO 10 M TITLE: TEMPORARY USE PERMIT — Safe Summer Slam sponsored by Operation Samahan at 2841 Highland Avenue on April 28, 2012 from 8 am to 5 pm with no waiver of fees PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighborhood Services Division APPROVED BY: This is a request from Operation Samahan to conduct the Safe Summer Slam event at 2841 Highland Avenue on April 28, 2012. This event is an annual event planned and coordinated by operation Samahan staff in collaboration with it's community partners. The focus of the event is health promotion and awareness of available programs and services in National City and the South Bay. This event is free of charge. Security will be provided by Job Corps of San Diego and handicap parking will be reserved on the existing parking lot. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City departments and $200 for Fire inspections. Total fees are $437.00 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. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: lication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: Public Concert Parade Motion Picture Event Title: _✓Fair _ Festival Community Event Demonstration Circus _ Block Party Grand Opening _ Other l r S t. i 1 Event Location: �kc/j1/1( /kW tail. , Ciitilcii r i Event ate(s): From qi )c1 1 T to i; I t) 31 I. Total Anticipated Attendance: 1t3U 4 \ ' 2>\, l Month/Day/Year ( ✓Participants) Actual Event Hours: ? � 7, ti; - ( Spectators) . J�rpJpm to am/gym,;; Setup/assembly/construction Date: 14 13t 1)' Start time: Please describe the scope of your setup/assembly work (specific details): :It,. ,10 le `; c Ue CO l` •{ l i' t: i Dismantle Date: - ' Completion Time: 5'- amipm_ List any street(s) requiring closure as a result of this event. Include street name(s), day and time of dosing and day and time of reopening. Sponsoring Organization: Chief Officer of Organization (Name) �JU:t ->A v'1 kit etT-1 For Profit v"Not-for-Profit Applicant (Name): i'.`/ l- 1 �U ,\v i � l''' Address: r�L t � [.l'tiLf V t i t-'� Iv, it; i t" y . L t� i (C' Daytime Phone: (i t`!) 't�11"� 5 !Evening Phone: ( ) Fax ...iLO L! ! fi -LiS11-1 Contact Person "on site" day of the event: a ` l`� L' 4 i f t v t\ r ( . J Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EV AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS dALU UelgITS ,a) Ld p ti d ` Ars fl ,i . (; o^41 BY: .,,. Is your organization a "Tax Exempt, nonprofit" organization? ' YES _ /NO Are admission, entry, vendor or participant fees required? YES =✓ NO If YES, please explain the purpose and provide amount(s): $ 1 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ ; %i Estimated Expenses for this event. $ s' 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. ccti"-i c-. vt+l1t^-'thy. 1A.tt1 1 <, t1c'‘ 11Vl iV\tr.i f {rokc,,;ttc'ti A.c-1 L1 ( .�(CIt ✓11 i1tvt i='y '--)ptz4‘ty 1 sit---i,vt-1Et11eii'1 1,-, f i %vx C ,t {Ac.)-, V'I t * ',k' l CC k1 '1/4-it,tl t £ t'"`'t 1,-t utf1it \j i-t6ts'+I/Aet,y . 1 -ii V(__:tS \.:1 1. ){' C.v r t-1 1c : .Gt ; i t"1 1 c ;-vds,1:).ki:eV} clV1ek Cl Uit��e.t1 '`�S �.:- l%V:.t Ct6lc.. \-):iiC-3t'•tt'4`1S co -,(,A eic-Vi‘cs, ii/) 1r1,'•Atvt161 C1-\ •-1 cC1A[1 r11 (,C.I:tT1--\ Rex vt �ltt'A bie (1i- . WZ i, ‹..)v.cl,e L) V x• (( r 'cam r J �/�`,lt! j t t�tlJ�rCL lh1\ II / J f V, 1 tre , `� c' t;'' x 41-A t' t' i ? t:� t 1. v1 ['r r ti (;' _ YES i'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 VNO Does the evens involve the sale or use of alcoholic beverages? YES "NO Will items or services be sold at the event? If yes, please describe: YES 1NO 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. f 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 t ]C 1 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 requireA-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: 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 y Fencing, barriers and/or barricades • Generator locations and/or source of electricity 'v 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: 1 C) 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: vJQ `'✓\G� Jt' V"si G\v ttti r4 r: tier r( evrV1 `;cctA,rt4'- 1/YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: iu t) Security Organization Address: �= + A v'e Security Director (Name).Lk" itt V(v'•t‘\titI"l Phone: UIrt— 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: Please indicate what arrangement you have made for providing First Aid Staffing and,Equipment. r `vv,z vK iv‘i (C4 t 140.-te( ` > C, Ct, C't V1�4 I tit,vsel Ave - Please describe your Accessibility Plan for access at your event by individuals with disabilities: tnic 1i,,vC el��i'��t 14.11. tt V'c\v11 { 1.\'f V' vv,-0.% )flit\l't�'.t� t _ k c' vv:t Please provide a detailed description of your PARKING plan: We V\tavt G\,V49\ ke SCACP t� iOC AL0( t) k ct Please describe your plan for DISABLED PARKING: StCI5 t nutr k.eG1Seo( of vt CA tt) `5� . 4 Please describe your plans to notify all residents, businesses and churches impacted by the event:L 1 � � L> k/ct 1A..,1441,6't COUtt "pCNAS� l of 4 r.otd, 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. ayC�- 1 Number of Bands. YL Type of Music: C-ou f V•A Q 4 r 11' y! 1 of p \ 0 YES NO Will sound amplification be used? If YES, please indicate: Start time: 1 V . O (a�rr /pm Finish Time . - 00 am/Cm 17YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: `1 •' 15 r> Ni 'pm Finish Time t ti'- 0 ri C� pm Please describe the sound equipment that will be used for your event: e e, ti YGt y � S-� �'t^ { P I\ s o ec, ' 1 rS•• YES 11NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: VYES NO Any signs, banners, decorations, special lighting? If YES, please describe:� Gt.ut N'1 e e, S 1/v . 1 ( 1o..t �� �-i < tL V\ -k L,; Lf_v-'6A ALAnc,t�ia� VJvtr ldG1 (A cif' Revised 08/10/05 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 ci P4^ F ° V\ � Lvt vl f\ en, (-'1 V Person in Charge of Activity is S i'\iNv q a r u Address l-1 (o. v1 a % U Y Telephone `_ G (q - Li l-7' 1-�4(5 ( Date(s) of Use Li 3 b'I ( D 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 o6Applicant VIC-O a +M L0orclivIt-A4Pr- 31 I� Official Title Date For Office (Ise Only Certificate of Insurance Approved Date 7 S3 2011 FESTIVAL LAYOUT EXECUTIVE OFFICES �_ L rESI 11N_VIC_ Food Registration Back Parking Lot TEEN CENTER Photo Front Parking Lot Concrete Island Entrance ACORD, CERTIFICATE OF LIABILITY INSURANCE PRODUCER (626)570-8611 FAX (626)281-2972 The John L Raya Insurance Group 401 South Mission Drive(91776) P. O. Box 728 San Gabriel, CA 91778 DATE (MMNJDNYYY) 03/03/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC # INSURED Operation Samahan Inc 2835 Highland Avenue Suite C National City, CA 91950 INSURER A: Nonprofits Ins Alliance of CA INSURER B INSURER C INSURER 0 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT W)TH 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 ANO CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIR ADM (NSR➢ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDONYI POLICY EXPIRATION DATE IMMIDDIYYI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 200918073NP0 09/20/2009 09/20/2010 EACH OCCURRENCE $ 1,000,000 X DAMAGE A A E TO R RENTED P`CLAIMS S 500,000 MADE I X I OCCUR e. MED EXP (My one person) S 20,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN. AGGREGATE LIMIT APPLIES PER: `_ PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY pijE T I1 LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Par par<nn) $ HIRED AUTOS NON -OWNED AUTOS 800ILY UJURY (Per amrderd) 1 PROPERTY DAMAGE (Per accsdmt) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY_ AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ IOCCUR ❑ CLAIMSMADE AGGREGATE $ DEDUCTIBLE RETENTION S $ I 1 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEE OFFICER/MEMBER PXCI IIDED7 If yes. describe under SPECIAL PROVISIONS below Ii WC TORYI IM1Ti IOFR L. EACH ACCIDENT S E L DISEASE - EA EMPLOYEE $ Et DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS '10 days for non-payment of premium RTIFICATE HOLDER City of National City 1243 National City Blvd. National City, CA 91950 ACORD 25 (2001108) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL CH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON T INSURER, ITS AGES OR REPRESENTATIVES. AUTHORIZEDREPR THE! � , Rocco Baraj a C. LI) X 1V ftLk ©A ORD CORPORATION 1988 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2012 AGENDA ITEM NO. 11 M TITLE: TEMPORARY USE PERMIT — National City & Eugene Amano Football Camp at El Toyon Field on May 12, 2012 from 9 am to 2 pm sponsored by the City of National City Community Services Department and the Eugene Amano Foundation. PREPARED BY: Vianey Rolon DEPARTMENT: Neighj od Services Division PHONE: (619) 336-4364 APPROVED BY: �� d4I., EXPLANATION: This is a request from the City of National City Community Services Department to conduct the Eugene Amano Football Camp at El Toyon field on May 12, 2012 from 9 am to 2 pm. This event is a partnership between the City of National City, Sweetwater High, and the Fred Amano Foundation to provide a free one -day football clinic for National City's youth. This event will include football drills, techniques as well as an education component to encourage youth to continue their education. The clinic will also include free t-shirts, food and drinks for all participants. Clean up for this event will be performed by the volunteers. Security will be provided by the volunteers from the Fred Amano Foundation, NFL players, City staff and the Sweetwater football coach. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237 for processing theTUP through various City departments. 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 with waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ►lication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event- Public Concert C O NtitiunctL Gib `z7 /erib /Win() it t 'i Camp Contact Person on site" day of the event Fair _ Festival Community Event _ Parade Demonstration Circus Block Party t Motion Picture _ Grand Opening Other O �� i-Gt11 C'ctk'l'!p Event Title Event Location: 'FL 103OVI find Event Date(s): From ,671 � � o O) 1 3/VTotal Anticipated Attendance: M&nth/Day/Year (x Participants) Actual Event Hours_ ar fpm to ( Spectators) Setup/assembly/construction Date: 5 j1 _ Start time: Please describe the scope of your setup/assembly work (specific details): IY1CLU es roothxriiI upmeni c/1111- J bocis Culac -etc, Dismantle Date: , �-Completion Time: am/nm> 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. Nl/A P 1. I,,- nw Tr t -i A.tA r+�I-..1;,a-1tsA1-,--. ;y ',-...,::ill 7.. :% v �" ('ii?ane-•+ 'fir i rr fix: R-`.1',- a%r' �rr.{"s• -xj ., d7 a - rr r 7 '-v. Ph tid x` i' F u .-% .y r- :w , 1•a., A. It+i, : a t .+ c n . -n .! . d F r s ;Fee It ♦ P {..... ' L. K a .i r .�.4-vs'� .t '', 4.•1ea a: V ♦ os+v•i. i°4.�w ., G.t4tiw. U e y' �7 r .. ....A n.r- 1M • s `? m .,r ,a. .YwN y..,,1 W .....M.% �:.., M.p�VW HI:V . '" ' r, C iaNM+t^ram i.. i Yf'.• i K•4__µ'. `t.'q'K^I-,, ), T t a.nt `'F M.{• fr1.... . w ^.,A H W w "!. hit .. t. '. 0. ..... D .,4k0'r .. a .• s r, C t Yk : ti i.: 1Th. : t' ♦ i n a Nt M• N sr T{ � r T 5 ; � h � � ` r to r} - i r f t c � a� T E/ .. r- i -.- y * j9 T`T' .•-ira,,.a- r' a f ` ., - t. n- .a ,r. { _,, r�r�h! w vL .a e ...a•- .-- _ty= �4J =i 3� -.---y �_ rdrr _. etir Sponsoring Organization: GI \--j 0f I L7I 1 I OnC,i L Cti-j Chief Officer of Organization (Name) �1 Applicant (Name)j)_ �� cc 1 CCC1 I (� L' Address: II1u - tT {r J 1 J"(I IQ. [3 Daytime Phone_ (t )?��(G%�C��rl vening Phone_ ( ) '7C'irt'iv Fax (616f) 39, Lu t2 CLI Vj S C For Profit Not -for -Profit Pager/Cellular ll� - NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s)- Tom- .e l '•N+ .1." 1S l y P+tii`S ..". P+al,L6 .il:..,R YES yi NO YES / NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. 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. I r 31S Neo m {Putt t eirEh' p be we Cit)) CA0A- 1-Cr hi L vr nriCciArlo 1 r * 1i or i fD pywide, one - GtciNi 1-u i i Gh ill or 1��iG(tt} v�►@ L C i ukAh \A/111 in dud 2 i"u 4111 clinlii;;A-(- \AkeAl (If) /on r er► t- t'y-)CDUrC1C 6 oat czyihi Ue Ifici( Tr)z, C,1,1-11 iV\i 11 (i1 •u irti(Utt ro A ctrid =u GI9cinJ YES NO If the event involves the sale of cars, wilt the cars come exclusively from National City car de lers? If NO, list any additional dealers involved in the sale: Ni YES YES NO Does the event involve the sale or use of alcoholic beverages? NO Will items or services be sold at the event? If yes. please describe _ YES xNO 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 10 explain your route_ XYES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES XNO 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 XNO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please win —the overatl 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: GAS ELECTRIC CHARCOAL OTHER (Specify): Z Portable and/or Permanent To t 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: Describe your plan for clean-up and removal of waste and garbage during and after the event- � \ cl QL1 I - u p ► t fi \ rove lafr-boyo, Please describe your procedures for both Crowd Control and Internal Security: V V Q �Ai Ir 11 N f IGk\ f rS v'uv-\-h toruvvoi YES 'NO Have you hired any Professional Security organization to handle security ' arrangements for this event'? If YES, please list Security Organization: Security Organization Address: Security Director (Name): Phone: YES NO Is this a night event? If YES. please state how the event and surrounding area afety of the pnrtirip ntrmrFcportatOr5 — ease indicate what arrangement you have e forprovidipg First Aid Staffing and Fquipment. 0100 v1i Gtc girl 1r Ir'St O poniiM rVOLUIrite-b, h hidrvi��rst Please,des- ibe ypur Acce, sibility Plan for access at your event b indiv duals with disabilitie �' ('Q, �:tl'1C [ Fn5i pi�(4i�l(, (/�(o There disabilities,: no C-/-*S- Ito the/ Rty-149 re,crt ase provide a detailed description of your PARKING plan.: {;(10f tf LN"� ( {I� 1n( ,0iS U1-- Li_ to C 'Ow(as 4� \ G1S n�l,k-b AYccf- . PI ase describe y ur plan for DhhSABLED PARKIN G. _ , 'r<{j jv4' • 4 r % F Vrt� i Y- �+ \al a �G7•F+h i+i' .�� ' %iLti.�.rys� is Z51, Please describe your plans to notify all residents, businesses and churches impacted by the event j ors will Ix c1 i 11.1 tau d VA 11,— i61-eff fig busifloc-, aro church ; I oUrU c (4d'v%fv=re. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. e r,'1f I+-:r {'rr!!��-r•r�� 9....x i r-r'' � � r-� (ft..r .1 '�. a r.� t r e� �..c n.H 5 5. r- ..r• ac '��*°� I"bt Lr�'>wY:j. ':45� y 1�.1 L =♦f'�wYtr.it"*r�•."y� Pl 1 >! 1,/-r-11'L�'.sL'] a• T5-Zy-". \.},- 'I:��+.pI,.l o'-.•ni-�--vT+es�+.'.A. i nt-.tai.a14�:Fw+4+J.K.-',d-i.�Y5,- m�Y.,}f�yFyty•Nil`,4f>N }r"%IrV+s! .Yt4,J ..hs�- A.tIaa..~ �WY•1✓.Scep}. •.ar.-gL4IYA;r+rfR.nL +LK�"•ti'i�T7h'}'Y„Y, r.yFP 4 > }• • y? LID* ,i+v=iP�v._ Yra:my Kfi. •tµr. R F •1 T,I � 17 1-I �1 .�i'+Y35}YSTYt ri*K1+n+a'�"t`9tCw:i5r1Mw- icTfi fY'.^ +Vlms. W{TeGei!'f vri r�tv +. 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 y\NO Will sound amplification be used? If YES, please indicate. Start time am/pm Finish Time am/pm YES NO Will sound checks be conducted poor 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: YESN,O Fireworks. rockets, or other pyrotechnics? If YES, please describe. YES NO Any signs. banners, decorations, special lighting? if YES, please describe: IT01 ,� OC,, 3'0 'Tivi %( elf ICI oy Jf. t U"itic� Revised 08/10/05 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 Uitj r%� �I (1 I On61L C j Person in Charge of Activity J2,c)) Ct1 Address \L \a m qVCO- COO [J Telephone r'Yu 3 Date(s) of Use 5 tl Y2- I \ 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' 1 h S ature ofpp cant Ka 01 SU ?2,natendaTt 3 / i z Official Title Date Far Office Use Only Certificate of Insurance Approved Date 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? 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 foi which the TUP is sought and then proceed to Question 3. Name of the,splionsoring organization C11' OF 1 6±icf 1 bid i�'v�� /Won° . ound or, Type of Organization VIGO club (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. N/A No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. Iv/f 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. 1\ /A - 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: v/A No (P lease sign the form and submit it with the TUP Application) Signature 9 El Toyon Park- National City Eugene Am no Camp Map • " , x, • • r714-7 lkelL ' rwv = Registration & Volunteer check in tab- - Lunch tables CITY OF NATIONAL CITY NEIGBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: City of National City's Community Services EVENT: Eugene Amano Football Camp DATE OF EVENT: May 12, 2012 TIME OF EVENT: 9 a.m. to 2 p.m. APPROVALS: DEVELOPMENT SERVICES RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES YES [ x ] NO ] ] YES [ x ] NC) [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ POLICE YES [ x ] NO [ ] CITY ATTORNEY YES [ x I NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] x SEE CONDITIONS [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4250 No comments. 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 COMMUNITY SERVICES The Amano Football camp is coordinated by City staff VD- PUBLIC WORKS Street Division No Involvement Park Division Parks staff will groom field prior to event. No stage or PA was requested. Parks Division has no other involvement. Facilities Division No involvement FIRE Stipulations required by the Fire Department for this event are as follows: roadways. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 31/2`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Internal combustion power sources that will be used for amplified sound shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the sound system is not in use. 8) If Internal combustion power sources (generators) are used, they shall be isolated from contact with the public by either physical guards, fencing or an enclosure. 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 1i� 10) 1f tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall he charged accordingly. • Tents shall he flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must he obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation. 11) Concession stands utilized for cooking shall have a minimum of 10 teet of clearance on two sides. 12) All cooking areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. See Attached 13) First Aid will be provided by Operation Samahan Inc.personnel 14) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. A fee of $200.00 dollars shall be paid directly to the fire department prior to the event 15) Fees can only be waived by City Council. If you have any questions please feel free to contact me. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17th, 2012 AGENDA ITEM NO. 12 EM TITLE: Warrant Register #38 for the period of 03/14/12 through 03/20/12 in the amount of $1,112,112.55. (Finance) PREPARED BY: K. Apalateguil DEPARTMENT: Fin PHONE: 1619-336-4331 APPROVED BY: EXPLANATION: ;Per Government Section Code 37208, attached are the warrants issued for the period of 03/14/12 through 03/20/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation SDG&E 301264 50,931.51 City Gas & Electric Utilities FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,112,112.55 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #38 PAYEE THE STATE BAR OF CALIFORNIA EQUIFAX INFORMATION SVCS FEDEX POWER PLUS VERIZON WIRELESS AMAZON BAKER & TAYLOR BRODART CITY OF NATIONAL CITY MARGO SMART MIDWEST TAPE OMNIGRAPHICS SALEM PRESS INC SPRINT THE SHOPPER INC U S POSTMASTER XEROX CORPORATION AETNA RESOURCES FOR LIVING 2ICAN BACKFLOW SPECIALTIES MOBILITY AT&T/MCI BLACKIE'S TROPHIES AND AWARDS BRENNTAG PACIFIC INC BUREAU VERITAS N AMERICA CAROLINO CONSTRUCTION CAROLINO CONSTRUCTION CHAIR -PROS CHICAGO TITLE COMPANY CINTAS DOCUMENT MANAGEMENT COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS CPR BY MEDX CPR BY MEDX CPR BY MEDX CPR BY MEDX CPR BY MEDX DUNBAR ARMORED INC ECTACO, INC. ESGIL CORPORATION EVAW INTERNATIONAL EVAW INTERNATIONAL FAIR HOUSING COUNCIL ETC :IGN SPEEDO INC FRANK TOYOTA HONEYWELL INTERNATIONAL INC INTERNATIONAL ASSOCIATION OF WARRANT REGISTER #38 3/20/2012 DESCRIPTION STATE BAR DUES - J KNIGHT EQUIFAX INFO SVCS / SEC 8 EXPRESS MAIL SERVICE / CDC EQUIPMENT RENTAL / REDEV CELL PHONE SVCS / SECTION 8 BOOKS - AS NEEDED FOR FY 2012. BOOKS -AS NEEDED FOR FY 2012. BOOKS - AS NEEDED FOR FY 2012. 1.50% SALES TAX ON INVOICE #1N661254 2 ARTSPARKLE PROGRAM DVD'S - AS NEEDED FOR FY 2012. BOOKS - AS NEEDED FOR FY 2012. CURRENT BIOGRAPHY YEARBOOK VIDEO CONFERENCING, LONG DISTANCE PROCESSING MATERIAL FOR DVD'S. POSTAGE FOR OVERDUE NOTICES XEROX BASE CHARGES AND OVERAGES EMP ASST PROGRAM - MAR 2012 PURCHASE PARTS SIERRA WIRELESS AIRLINK MP890 W/VVIFI SBC AT&T PHONE SERVICE FOR FY12 MOP 67727. RECOGNITION AWARD/FIRE POOL CHEMICALS SAFE ROUTES TO SCHOOL T&A REFUND - DEPOSIT#00626 T&A REFUND - DEPOSIT #1109 RFM 9186 SEATS GRADE D HUE / PD LITIGATION GUARANTEE MONTHLY SHREDDING / POLICE RECORD SUBSTITUTION OF TRUST FEB 2012 - PC REV GC76000-761000-76101 COX COMMUNICATIONS DATA & VIDEO TUITION-CPR/FIRST AID/AED TRAINING TUITION: CPR/FIRST AID/AED TRAINING TUITION: CPR/FIRST AID/AED TRAINING TUITION: CPR/FIRST AID/AED TRAINING TUITION-CPR/FIRST AID/AED TRAINING ARMORED SERVICES - FINANCE SPEECH GUARD PD-5 / POLICE PLAN CHECK SERVICES / FIRE PLAN REG-END VIOLENCE AGAINST WOMEN REG-END VIOLENCE AGAINST WOMEN CDBG SUB -RECIPIENT AGREEMENT REPLACEMENT BOOTS / FIRE DEPT SPEEDOMETER CHECKS FOUR, 2009 TOYOTA PRIUS HYBRID REPAIRS REG-TELEPHONE TOLL ANALYSIS 1/3 CHK NO DATE AMOUNT 301193 3/14/12 445-00 301194 3/20/12 112.11 301195 3/20/12 21.02 301196 3/20/12 195.00 301197 3/20/12 288.50 301198 3/20/12 965.30 301199 3/20/12 3,887.57 301200 3/20/12 564.15 301201 3/20/12 11.13 301202 3/20/12 300.00 301203 3/20/12 3,627.61 301204 3/20/12 165.63 301205 3/20/12 201.19 301206 3/20/12 11.52 301207 3/20/12 863.64 301208 3/20/12 272.36 301209 3/20/12 1,160.16 301210 3/20/12 733.90 301211 3/20/12 1,322.48 301212 3/20/12 1,923.50 301213 3/20/12 357.32 301214 3/20/12 66.88 301215 3/20/12 467.34 301216 3/20/12 4,035.00 301217 3/20/12 3,360.00 301218 3/20/12 2,107.41 301219 3/20/12 673.95 301220 3/20/12 561.00 301221 3/20/12 72.95 301222 3/20/12 228.00 301223 3/20/12 17,842.88 301224 3/20/12 3,049.70 301225 3/20/12 280.00 301226 3/20/12 260.00 301227 3/20/12 200.00 301228 3/20/12 180.00 301229 3/20/12 140.00 301230 3/20/12 148.50 301231 3/20/12 950.00 301232 3/20/12 1,351.00 301233 3/20/12 1,980.00 301234 3/20/12 495.00 301235 3/20/12 19,000.00 301236 3/20/12 913.50 301237 3/20/12 45.00 301238 3/20/12 1,049.25 301239 3/20/12 733.09 301240 3/20/12 445.00 1/3 PAYEE THE STATE BAR OF CALIFORNIA EQUIFAX INFORMATION SVCS FEDEX POWER PLUS VERIZON WIRELESS AMAZON BAKER & TAYLOR BRODART CITY OF NATIONAL CITY MARGO SMART MIDWEST TAPE OMNIGRAPHICS SALEM PRESS INC SPRINT THE SHOPPER INC U S POSTMASTER XEROX CORPORATION AETNA RESOURCES FOR LIVING �ICAN BACKFLOW SPECIALTIES MOBILITY AI&i/MCI BLACKIE'S TROPHIES AND AWARDS BRENNTAG PACIFIC INC BUREAU VERITAS N AMERICA CAROLINO CONSTRUCTION CAROLINO CONSTRUCTION CHAIR -PROS CHICAGO TITLE COMPANY CINTAS DOCUMENT MANAGEMENT COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS CPR BY MEDX CPR BY MEDX CPR BY MEDX CPR BY MEDX CPR BY MEDX DUNBAR ARMORED INC ECTACO, INC. ESGIL CORPORATION EVAW INTERNATIONAL EVAW INTERNATIONAL FAIR HOUSING COUNCIL ETC IGN SPEEDO INC FRANK TOYOTA HONEYWELL INTERNATIONAL INC INTERNATIONAL ASSOCIATION OF INCORPORATED WARRANT REGISTER #38 3/20/2012 DESCRIPTION STATE BAR DUES - J KNIGHT EQUIFAX INFO SVCS / SEC 8 EXPRESS MAIL SERVICE / CDC EQUIPMENT RENTAL / REDEV CELL PHONE SVCS / SECTION 8 BOOKS - AS NEEDED FOR FY 2012. BOOKS - AS NEEDED FOR FY 2012. BOOKS - AS NEEDED FOR FY 2012. 1.50% SALES TAX ON INVOICE #1N661254 2 ARTSPARKLE PROGRAM DVD'S - AS NEEDED FOR FY 2012. BOOKS - AS NEEDED FOR FY 2012. CURRENT BIOGRAPHY YEARBOOK VIDEO CONFERENCING, LONG DISTANCE PROCESSING MATERIAL FOR DVD'S. POSTAGE FOR OVERDUE NOTICES XEROX BASE CHARGES AND OVERAGES EMP ASST PROGRAM - MAR 2012 PURCHASE PARTS SIERRA WIRELESS AIRLINK MP890 W/WIFI SBC AT&T PHONE SERVICE FOR FY12 MOP 67727. RECOGNITION AWARD/FIRE POOL CHEMICALS SAFE ROUTES TO SCHOOL T&A REFUND - DEPOSIT#00626 T&A REFUND - DEPOSIT #1109 RFM 9186 SEATS GRADE D HUE / PD LITIGATION GUARANTEE MONTHLY SHREDDING / POLICE RECORD SUBSTITUTION OF TRUST FEB 2012 - PC REV GC76000-761000-76101 COX COMMUNICATIONS DATA & VIDEO TUITION-CPR/FIRST AID/AED TRAINING TUITION: CPR/FIRST AID/AED TRAINING TUITION: CPR/FIRST AIDIAED TRAINING TUITION: CPR/FIRST AID/AED TRAINING TUITION-CPR/FIRST AID/AED TRAINING ARMORED SERVICES - FINANCE SPEECH GUARD PD-5 / POLICE PLAN CHECK SERVICES / FIRE PLAN REG-END VIOLENCE AGAINST WOMEN REG-END VIOLENCE AGAINST WOMEN CDBG SUB -RECIPIENT AGREEMENT REPLACEMENT BOOTS / FIRE DEPT SPEEDOMETER CHECKS FOUR, 2009 TOYOTA PRIUS HYBRID REPAIRS REG-TELEPHONE TOLL ANALYSIS CHK NO 301193 301194 301195 301196 301197 301198 301199 301200 301201 301202 301203 301204 301205 301206 301207 301208 301209 301210 301211 301212 301213 301214 301215 301216 301217 301218 301219 301220 301221 301222 301223 301224 301225 301226 301227 301228 301229 301230 301231 301232 301233 301234 301235 301236 301237 301238 301239 301240 DATE 3/14/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 3/20/12 AMOUNT 445.00 112.11 21.02 195.00 288.50 965.30 3,887.57 564.15 11.13 300.00 3,627.61 165.63 201.19 11.52 863.64 272.36 1,160.16 733.90 1,322.48 1,923.50 357.32 66.88 467.34 4,035.00 3,360.00 2,107.41 673.95 561.00 72.95 228.00 17,842.88 3,049.70 280.00 260.00 200.00 180.00 140.00 148.50 950.00 1,351.00 1,980.00 495.00 19,000.00 913.50 45.00 1,049.25 733.09 445.00 CALIFOIt_k.1A, 2/3 PAYEE INTERNATIONAL ASSOCIATION OF JERAULD'S AUTOMOTIVE INC JULIO NEVAREZ KAISER FOUNDATION HEALTH PLANS LAW OFFICES OF DON DETISCH LEFORTS SMALL ENGINE REPAIR MAYER REPROGRAPHICS METRO AUTO PARTS DISTRIBUTOR METRO FIRE & SAFETY MEYERS/NAVE LAW CORP MILLER MINE SAFETY APPLIANCES CO INC MUNICIPAL EMERGENCY SERVICES NARTEC INC NATIONAL CITY CAR WASH NATIONAL CITY ROTARY CLUB PACIFIC AUTO REPAIR PHONE SUPPLEMENTS PRUDENTIAL OVERALL SUPPLY RAMONA HINKLE RED WING SHOES RIVERSIDE COUNTY SHERIFF DEPT SAN DIEGO BMW MOTORCYCLES SDG&E SDGIA SMART SOURCE OF CA LLC SOUTHWESTERN COLLEGE SPARKLETTS STAPLES ADVANTAGE STEVENSON SWEETWATER AUTHORITY THA HEATING & AIR INC THA HEATING & AIR INC TURF STAR U S HEALTHWORKS UNION TRIBUNE PUB CO UNITED RENTALS UNITED ROTARY BRUSH USA MOBILITY WIRELESS, INC. VCA EMERGENCY ANIMAL HOSPITAL VENTURA POLICE DEPARTMENT VERIZON WIRELESS WOOD & WOOD WOOD & WOOD NAN INCORPORATED WARRANT REGISTER #38 3/20/2012 DESCRIPTION REG - TELEPHONE TOLL ANALYSIS STEERING GEAR 7WIZ 3504 BRM REFUND OF C&D FEES PERMIT#69460 HSA RET-GRP#104220-0006 MAR 2012 15986/15987 SVCS FOR FEB 2012 LABOR AND SERVICE/PISTON & VALVES DIGITAL BOND PRINTING, 8TH STREET DN-P196595 / AUTOMOTIVE SUPPLIES RECHARGE EXTINGUISHER / FIRE INV 2010120631 / LEGAL SVCS SUBSISTENCE/MOTOR VEHICLE INSPECTIO STROBE: BLUE W/BUZZER 120 VAC 14" PRO WARRINGTON DEFENDER COCAINE TESTING AMPULES / POLICE CAR WASHES ROTARY DUES - GONZALES, A SMOG CERTIFICATION & REPAIRS ENCORE PRO MONO HEADSETS MOP 45742 LAUNDRY SERVICE REFUND PERMIT#69653 SAFETY BOOTS / PW MOTOR VEHICLE INSPECTION -MILLER R&M CITY VEHICLES STREET GAS & ELECTRIC REGISTRATION -GANG INV FOR PATROL MOP 63845. BUSINESS CARDS/ C MNGR 8TH ANNUAL CESAR E CHAVEZ SCHOLARSI WATER/MYR MOP# 45704. OFFICE SUPPLIES/ FIRE MILEAGE REIMB -CA PUBLIC RET SEMINAR WASTEWATER WATER BILL REFUND - PERMIT #69189 REUND - PEMIT #69319 BLADE 21.5 INCH MEDICAL SERVICES ADVERTISING OF GEN PLAN UPDATE CONCRETE BATCH PLANT MIX SWEEPER REPAIRS PAGING SERVICE / MARCH 2012 STRAY ANIMAL VET CARE / PD REGISTRATION-2012 TRAINING MANAGERS VERIZON WIRELESS PHONE SERVICE LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS CHK NO DATE AMOUNT 301241 3/20/12 395.00 301242 3/20/12 1,145.90 301243 3/20/12 560.00 301244 3/20/12 2,916.60 301245 3/20/12 9,915.99 301246 3/20/12 249.89 301247 3/20/12 335.69 301248 3/20/12 745.52 301249 3/20/12 159.67 301250 3/20/12 4.317.50 301251 3/20/12 743.23 301252 3/20/12 663.69 301253 3/20/12 2,785.38 301254 3/20/12 595.35 301255 3/20/12 285.00 301256 3/20/12 240.00 301257 3/20/12 1,675.71 301258 3/20/12 521.67 301259 3/20/12 497 301260 3/20/12 16. 301261 3/20/12 250.00 301262 3/20/12 341.00 301263 3/20/12 1,425.82 301264 3/20/12 50,931.51 301265 3/20/12 150.00 301266 3/20/12 63 08 301267 3/20/12 60.00 301268 3/20/12 33.00 301269 3/20/12 418.86 301270 3/20/12 132,09 301271 3/20/12 342.72 301272 3/20/12 177.00 301273 3/20/12 177.00 301274 3/20/12 362.43 301275 3/20/12 200.00 301276 3/20/12 2.912.00 301277 3/20/12 179.44 301278 3/20/12 690.97 301279 3/20/12 799.38 301280 3/20/12 245.90 301281 3/20/12 75.00 301282 3/20/12 5.00 301283 3/20/12 2,95100 301284 3/20/12 2,45' A/P Total 172,359.33 SECTION 8 HAPS PAYMENTS Start Date End Date 3/14/2012 3/20/2012 18,561.90 3/3 PAYEE CAW;FORNIA,+ INCORPORATE➢ WARRANT REGISTER #38 3/20/2012 DESCRIPTION PAYROLL Pay period Start Date End Date Cheek Date 6 2/21/2012 3/5/2012 3/14/2012 CHK NO DATE AMOUNT 921,191.32 GRAND TOTAL $ 1,112,112.55 Certification IN ACCORDANCE WITII SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY 1'0 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. TINA N RRD[N, FINANCE LESLIE DEFSE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LFIIS 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 17`" OF APRIL, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17th, 2012 AGENDA ITEM NO. 13 EM TITLE: Warrant Register #39 for the period of 03/21/12 through 03/27/12 in the amount of $509,593.54. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: 619-336-43311, APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the perwYod of 03/21/12 through 03/27/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Public Emp Ret System 301398 273,236.56 Retirement Insurance Service 3/06/12 - 3/19/12 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: 'Ratification of warrants in the amount of $509,593.54 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #39 PAYEE MAINTEX INC BEST BEST & KRIEGER LLP CASA FAMILIAR CHRISTENSEN & SPATH LLP DESROCHERS GEOSYNTEC CONSULTANTS INC KANE BALLMER & BERKMAN MAZZARELLA LORENZANA LLP OPPER & VARCO PRUDENTIAL OVERALL SUPPLY SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY THE SOHAGI LAW GROUP PLC VISTA PAINT ABCANA INDUSTRIES ACEDO ACTION TROPHIES & ENGRAVING 'sMSON POLICE PRODUCTS SUPERSTORE JAS WEST ALL FRESH PRODUCTS ALLEN ANDERSON AT&T MOBILITY BEARD BECK BEHAVIOR ANALYSIS BISHOP BLACKIE'S TROPHIES AND AWARDS BOEGLER BONSUISSE INC BOYD BUREAU VERITAS N AMERICA CA ASSOC OF CODE ENFORCEMENT CALIFORNIA ELECTRIC SUPPLY CEB CEB CHEVRON & TEXACO CLEAN HARBORS COMMERCIAL AQUATICS SERVICES CONDON COOPER'S PLUMBING & HEATING -UZ ITY OF SAN DIEGO uANESHFAR DAPPER TIRE COMPANY DATA TICKET INC DEPT OF JUSTICE DI CERCHIO rffircoRpciRATED WARRANT REGISTER # 39 3/27/2012 DESCRIPTION RIGHT OFF 301 GRAFFITI REMOVER LEGAL/COMM YOUTH ATHLETIC CENTER CASA QUINTA/FAMILIAR FINAL COST LEGAL SERVICES RETIREMENT BENEFITS APRIL 2012 ENVIRONMENTAL CONSUL / 2/29/12 LEGAL / COOPERATION AGREEMENT LEGAL SERVICES/PURSUE INDEMNITY LEGAL SVCS / EDUCATION VILLAGE MOP# 45742. LAUNDRY SERVICES/ NSD GAS AND ELECTRIC UTILITIES / CDC MOP# 45704. OFFICE SUPPLIES/SEC8 WATER UTILITIES / CDC LEGAL SVCS/ COMM YOUTH CENTER MOP# 68834_ PAINT. NSD POOL CHEMICALS RETIREE HEALTH BENEFITS/APR 2012 ID PLATE, RED ANODIZED ALUMINUM AVON #72601 FM53 TWIN PORT SPECIAL RESCUE RANDY (125 LBS) BY SIMULAIDS MOP 45714 MATERIALS & SUPPLIES FOOD FOR NUTRITION CENTER RETIREE HEALTH BENEFITS/APR 2012 RETIREE HEALTH BENEFITS/APR 2012 SECURE WIRELESS CIRCUIT / PD RETIREE HEALTH BENEFITS/APR 2012 RETIREE HEALTH BENEFITS/APR 2012 REGISTRATION: INTERVIEW/INTERROGATIC RETIREE HEALTH BENEFITS/APR 2012 MOP 67727 METAL NAME TAG - PD RETIREE HEALTH BENEFITS/APR 2012 MILK AND DAIRY DELIVERY FOR NUTRITION RETIREE HEALTH BENEFITS/APR 2012 SERVICES. JAN. 21 TO MARCH 9, 2012 FORECLOSURES & ABATEMENTS MOP 45698 ELECTRICAL MATERIALS PRACTICE UNDER CEQA 2012 UPDATE CA GOVERNMENT TORT LIABILITY 2012 UPC MOP 45699 FUEL HAZARDOUS WASTE PICKUP POOL EMERGENCY SERVICE RETIREE HEALTH BENEFITS/APR 2012 PLUMBING SERVICES, REPAIRS RETIREE HEALTH BENEFITS/APR 2012 MAIL PROCESSING SERVICES RETIREE HEALTH BENEFITS/APR 2012 MOP 72654 TIRES APPEALS, ON-LINE ACCESS TO TICKET INVESTIGATIVE SERVICES - FEB 2012 RETIREE HEALTH BENEFITS/APR 2012 1/3 CHK NO DATE AMOUNT 301285 3/21/12 727.56 301286 3/27/12 7,136.44 301287 3/27/12 4,397.00 301288 3/27/12 1,750.00 301289 3/27/12 110.00 301290 3/27/12 3,560.61 301291 3/27/12 522-00 301292 3/27/12 933.75 301293 3/27/12 1,914.50 301294 3/27/12 13.34 301295 3/27/12 129.06 301296 3/27/12 118.28 301297 3/27/12 84.52 301298 3/27/12 82.50 301299 3/27/12 882,71 301300 3/27/12 370.49 301301 3/27/12 160.00 301302 3/27/12 555.99 301303 3/27/12 15,757.88 301304 3/27/12 976-50 301305 3/27/12 225.69 301306 3/27/12 119.98 301307 3/27/12 125.00 301308 3/27/12 110.00 301309 3/27/12 2,387.31 301310 3/27/12 70.00 301311 3/27/12 140.00 301312 3/27/12 472.00 301313 3/27/12 110.00 301314 3/27/12 21.75 301315 3/27/12 260.00 301316 3/27/12 367.19 301317 3/27/12 145.00 301318 3/27/12 1,937.50 301319 3/27/12 65-00 301320 3/27/12 871.96 301321 3/27/12 199.12 301322 3/27/12 180.81 301323 3/27/12 279.83 301324 3/27/12 2,510.22 301325 3/27/12 3,849.05 301326 3/27/12 280.00 301327 3/27/12 600.00 301328 3/27/12 140.00 301329 3/27/12 7,376.56 301330 3/27/12 250.00 301331 3/27/12 2,237,47 301332 3/27/12 3,767.50 301333 3/27/12 326.00 301334 3/27/12 70-00 2/3 INCORPORATED WARRANT REGISTER # 39 3/27/2012 PAYEE DESCRIPTION CHK NO DATE AMOUNT DREDGE RETIREE HEALTH BENEFITS/APR 2012 301335 3/27/12 250.00 DREW FORD MOP 49078 AUTO PARTS 301336 3/27/12 228.03 E & S AUTOWORKS OVERHAUL FRONT BUMPER 301337 3/27/12 256.40 EISER III RETIREE HEALTH BENEFITS/APR 2012 301338 3/27/12 250.00 ENNIS PAINT SAN DIEGO MOP 74690 MATERIALS & SUPPLIES 301339 3/27/12 391.50 ENVIRONMENTAL HEALTH COALITION CDBG GRANT/EXPENSE REIMB- FEB 2012 301340 3/27/12 8,322.33 ESGIL CORPORATION PLAN CHECKING SERVICES OF BUILDING 301341 3/27/12 32,400.20 FEDEX FEDEX SHIPMENT / FINANCE 301342 3/27/12 76.05 FERGUSON ENTERPRISES INC MOP 45723 SEWER PIPE & MATERIALS 301343 3/27/12 389.90 FIRE ETC FIRE TOOLS 301344 3/27/12 609.48 FLEET SERVICES INC MOP 67804 AUTO PARTS 301345 3/27/12 155.39 G & A AUTO AIR CONDITIONING LABOR, REPAIR AC WIRES TO COMPRESSO 301346 3/27/12 337.74 GELSKEY RETIREE HEALTH BENEFITS/APR 2012 301347 3/27/12 115.00 GIBBS JR RETIREE HEALTH BENEFITS/APR 2012 301348 3/27/12 120.00 GONZALES SUBSISTENCE -INTERVIEW & INTERROGATI( 301349 3/27/12 640.00 GRAINGER MOP 65179 BUILDING MATERIALS 301350 3/27/12 396.59 GRANICUS INC GRANICUS WEBCAST SERVICE / MIS 301351 3/27/12 1,477.35 H M PITT LABS INC BULK ASB ANALYSIS 301352 3/27/12 30.00 HAMILTON MEATS & PROVISIONS MEAT DELIVERY FOR NUTRITION 301353 3/27/12 611. HANSON RETIREE HEALTH BENEFITS/APR 2012 301354 3/27/12 13, HODGES RETIREE HEALTH BENEFITS/APR 2012 301355 3/27/12 200.00 HOME DEPOT CREDIT SVCS LIQUID NAIL LN FRP LATEX GALLON 301356 3/27/12 472.47 HONEYWELL INTERNATIONAL INC REPAIRS 301357 3/27/12 1,817.89 HUSK PARTNERS CONSULTING SVCS - 03/17-04/17/12 301358 3/27/12 4,000.00 INDEPENDENT FORENSIC SERVICES SART EXAMS / POLICE 301359 3/27/12 990.60 INTOXIMETERS INC DRY GAS 108L/23 PPM 301360 3/27/12 206.49 JAMES RETIREE HEALTH BENEFITS/APR 2012 301361 3/27/12 140.00 JEFFREY L SERVATIUS RETIREE HEALTH BENEFITS/APR 2012 301362 3/27/12 340.00 JERAULDS CAR CARE CENTER RADIATOR/HOSE/CLAMP/THERMOSTAT 301363 3/27/12 1,648.60 JUDD ELECTRIC ELECTRICAL REPAIRS 301364 3/27/12 300.00 JUNIEL RETIREE HEALTH BENEFITS/APR 2012 301365 3/27/12 50.00 KIMBLE RETIREE HEALTH BENEFITS/APR 2012 301366 3/27/12 300.00 L1 IDENTITY SOLUTIONS INVESTIGATIVE SERVICES-FEB 2012 301367 3/27/12 14.00 LANDA RETIREE HEALTH BENEFITS/APR 2012 301368 3/27/12 155.00 LASER SAVER INC MOP 45725 INK TONERS - ENG 301369 3/27/12 618.04 LASER TECHNOLOGY LIDAR DEVICES -LIGHT DETECTION 301370 3/27/12 10,038.44 LEXIS NEXIS ONLINE LEGAL RESEARCH FY12 301371 3/27/12 427.38 LIFELOC TECHNOLOGIES PORTABLE BREATH TESTER/MOUTHPIECE 301372 3/27/12 2,240.91 LIMFUECO RETIREE HEALTH BENEFITS/APR 2012 301373 3/27/12 160.00 LOPEZ TRANSLATION SERVICES 03/20/12 301374 3/27/12 140.00 MAN K-9 INC. TRAINING FOR POLICE - JAN 2012 301375 3/27/12 1,200.00 MATIENZO RETIREE HEALTH BENEFITS/APR 2012 301376 3/27/12 100.00 MC CABE RETIREE HEALTH BENEFITS/APR 2012 301377 3/27/12 280.00 MEDINA RETIREE HEALTH BENEFITS/APR 2012 301378 3/27/12 10F MURRAY RETIREE HEALTH BENEFITS/APR 2012 301379 3/27/12 15 MYERS RETIREE HEALTH BENEFITS/APR 2012 301380 3/27/12 140.00 MYSTAIRE INC. PART #FR-6100, MISONIX FORENSIC 301381 3/27/12 21,798.25 NAPA AUTO PARTS MOP 45735 AUTO PARTS 301382 3/27/12 689.93 NATIONAL CITY TROPHY MOP 66556 7" STAR ACRYLIC - HR 301383 3/27/12 92.44 NOSAL WILLIAM A RETIREMENT SETTLEMENT APR 2012 301384 3/27/12 1,137.19 PAYEE OCHOA PAUU JR PBS&J PEACE OFFICERS RESEARCH PEASE JR PELL MELL SUPPLY INC PORAC LEGAL DEFENSE FUND POST POTTER PRO BUILD PRO -EDGE KNIFE PROGRESSIVE SOLUTIONS INC PROJECT PROFESSIONALS CORP. PUBLIC EMP RETIREMENT SYSTEM RBF CONSULTING ROADONE ROARK ROE IIZ DIEGO BMW MOTORCYCLES DIEGO REGIONAL SDG&E SHORT SIRCHIE FINGERPRINT LAB INC SMART SOURCE OF CA LLC SOUTHERN CALIF TRUCK STOP SOUTHWEST TRAILER SALES SPARKLETTS STAPLES ADVANTAGE STARTECH COMPUTERS STRASEN SUMMIT SUPPLY SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LIGHTHOUSE INC THOMSON WEST TRIVIZ TURNERS PORTABLE WELDING UNITED ROTARY BRUSH URIAS WAXIE SANITARY SUPPLY WEST PAYMENT CENTER ZIETLOW IIVCORPOBATED WARRANT REGISTER # 39 3/27/2012 DESCRIPTION RETIREE HEALTH BENEFITS/APR 2012 RETIREE HEALTH BENEFITS/APR 2012 PROVIDE SEWER BILL/TAX ROLL PORAC/PEACE OFFICER RESEARCH ASSOC RETIREE HEALTH BENEFITS/APR 2012 COMPARTMENT STORAGE BOX LEGAL DEFENSE FUND FOR RESERVES RETIREE HEALTH BENEFITS/APR 2012 RETIREE HEALTH BENEFITS/APR 2012 MOP 45707 MATERIALS/SUPPLIES-FIRE SHARPENING SCS FOR NUTRITION BUSINESS LICENSE FORMS 8TH STREET UTILITIES SERVICE PERIOD 03/06/12-03/19/12 8TH ST. SAFETY ENHANCEMENTS, JANUAR' TOWING CHARGES RETIREE HEALTH BENEFITS/APR 2012 RETIREE HEALTH BENEFITS/APR 2012 RETIREE HEALTH BENEFITS/APR 2012 R&M CITY VEHICLES REGISTRATION -POST INSTRUCTOR SYMPO FACILITIES GAS & ELECTRIC RETIREE HEALTH BENEFITS/APR 2012 LAB / EVIDENCE SUPPLIES / POLICE MOP 63845 BUSINESS CARDS -FIRE MOP 45758 FUEL TANDEM AXLE, 4-WHEEL BRAKES WATER MOP 45704 OFFICE SUPPLIES - PD MOP / COMPUTER SUPPLIES / MIS RETIREE HEALTH BENEFITS/APR 2012 TWIN RIM CHAIN NETS FACILITIES WATER BILL FOOD & CONSUMABLES FOR NUTRITION MOP 45726 AUTO PARTS LEGAL PUBLICATIONS RETIREE HEALTH BENEFITS APR 2012 WELD REPAIR TRUCK #445 SWEEPER REPAIRS RETIREE HEALTH BENEFITS/APR 2012 JANITORIAL SUPPLIES INVESTIGATIVE DATABASES - FEB 2012 RETIREE HEALTH BENEFITS/APR 2012 3/3 CHK NO DATE AMOUNT 301385 3/27/12 125.00 301386 3/27/12 340.00 301387 3/27/12 3,117.00 301388 3/27/12 110.00 301389 3/27/12 140.00 301390 3/27/12 32.06 301391 3/27/12 165.00 301392 3/27/12 280.00 301393 3/27/12 150.00 301394 3/27/12 18,52 301395 3/27/12 46.00 301396 3/27/12 605.63 301397 3/27/12 15,000.00 301398 3/27/12 273,236.56 301399 3/27/12 14,481.92 301400 3/27/12 40.00 301401 3/27/12 135.00 301402 3/27/12 120.00 301403 3/27/12 310.00 301404 3/27/12 282.08 301405 3/27/12 40.00 301406 3/27/12 2,352.82 301407 3/27/12 300.00 301408 3/27/12 1,708.43 301409 3/27/12 94.62 301410 3/27/12 16.64 301411 3/27/12 4,139.50 301412 3/27/12 43.02 301413 3/27/12 1,267.40 301414 3/27/12 210.49 301415 3/27/12 135.00 301416 3/27/12 79.00 301418 3/27/12 15,398.74 301419 3/27/12 2,856.02 301420 3/27/12 167.79 301421 3/27/12 1,214.76 301422 3/27/12 135.00 301423 3/27/12 981.55 301424 3/27/12 242.14 301425 3/27/12 125.00 301426 3/27/12 1,964.81 301427 3/27/12 412.80 301428 3/27/12 150.00 A/P Total 509,593.54 GRAND TOTAL $ 509.593.54 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF TIIE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER TIIAT TIIE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA RRDIN, FINANCE LESLIF DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SO"FELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER L11IS NATIVIDAD, MEMBER MONA RIOS, MEMBER 1 IIEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY 7'HE CITY COUNCIL ON TIIE 17'h OF APRIL, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2012 AGENDA ITEM NO.14 .M TITLE: Public Hearing — 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 DEPARTMENT: 'HONE: 336-4313 APPROVED BY: EXPLANATION: Wal-Mart has an existing Alcoholic Beverage Control (ABC) license for the sale of beer and wine. However, Wal- Mart's original CUP restricts alcohol sales to wine only. The applicant is requesting to add the sale of beer and distilled spirits to the 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 Tess than 750 ml quantities. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of March 10, 2012. An appeal was submitted by the Institute for Public Strategies, in response to which the Council set the item for hearing. 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 1 COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Baca, Farias, Flores, Pruitt, Reynolds Nays: Alvarado, DeLaPaz ATTACHMENTS: Background Report 6. Department and Agency comments Recommended Findings for Approval/Denial 7. Applicant's summary of activities 3. Recommended Conditions 8. Applicants Plans 4. Location Map/Census Tract Map/Police Beat Map. 9. Appeal BACKGROUND REPORT 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. 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. The applicant wishes to add the sale of beer and distilled spirits to their existing CUP. No change in hours is proposed. The applicants have proposed secure storage of distilled spirits, and restricted access to the beer and wine aisle after regulated sales hours (e.g., during holiday sales hours). The applicant is also proposing to restrict the volume of distilled spirits for sale to no less than 750 milliliters (Condition No. 24) 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. 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). All alcohol products would be stored and sold at room temperature. 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. 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. 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. 1 Per California State Alcoholic Beverage Control (ABC), there are currently seven (7) other off -sale permits issued in this census tract (117) besides WaI-Mart. These permits are: License Name Address Type* CUP? Big Lots 1410 Plaza Blvd 20 Y Farmers Discount Market 1535 E 18th St 21 N Seafood City 1420 Plaza Blvd 21 Y Big Ben Market 108 E 8t" St 21 N Wilson Liquor 916 E 8t" St 21 Y Smart & Final 1220 Plaza Blvd 21 Y CVS 1201 Plaza Blvd 21 Y " Type 20 - Off -Sale Beer and Wine Type 21 - Off -Sale General (beer, wine, and distilled spirits) 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. Since there is already an over - concentration of on -sale alcohol licenses in the subject census tract and, although a (beer and wine) license exists at this location, the addition of distilled spirits to this license has the potential to exacerbate the effect of over concentration of alcohol outlets in the area. Census tract 117 includes the area of the City between East 8t" and 18t" 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. 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. 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. In addition, a record of calls for service to Wal-Mart in the last two years indicates that there were 324 calls for service related to shoplifting, another 98 calls for burglary or theft, and 1 for drunk in public. An assessment of the proposal was also received from the Institute for Public Strategies (IPS). Issues mentioned were alcohol outlet concentrations in the area, 2 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. 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. Ultimately, 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 March 10, 2012. An appeal was submitted by the Institute for Public Strategies, citing concerns over domestic violence; concentration of existing licenses; and effects on existing businesses, youth, and senior citizens. The appeal was accompanied by 53 signatures of agreement with the appellant. The Council set the item for hearing in response to filing of the appeal. The attached background report describes the proposal in detail. 3 RECOMMENDED FINDINGS FOR APPROVAL 2011-29 CUP, 1100 Highland Avenue 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. 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. 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 Wal- 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 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 and, although a (beer and wine) license exists at this location, the addition of distilled spirits to this license will exacerbate the effect of over concentration on the census tract. 2. 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. 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 2011-29 CUP, 1100 Highland Avenue General 1. This Conditional Use Permit authorizes the sale of beer and distilled spirits for off -site consumption at WaI-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. 5 9. No sale of wine shall be sold in containers of Tess than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 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 Tots and outbuildings and any property or adjacent property under the control of the applicant. 12.AII 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.AII sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified 6 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. 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.AII 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. -I Central Subject Parcel — — — Zone Boundary APN: 556-560-41 Elementary MXC-2 I 1 I I Feet 0 125 250 500 Planning Commission Location Map 2011-29 CUP 0 01.25.11 City of National City CENSUS TRACTS NATIONAL. Sweetivater Marsh." >Y Natlon`al.W(ldlife'Refug= 3v t,Launc \, Sweetwater County Park; ,�'.. "rram�° t i 1c}S �� ix'` .� Cro,Vng`ht , at�d�P) L98'82006�icrosoft Co porM on andfor is supphera I.. hts reserved. Fodions©$ 990-20051nstallShield Software Corporalron. NI righls reserved `. Certain napping and d,rn t 0n data ® 2005 NAVIEQ. NI nghls rese ved NAUi@, l'antl n1Ay* ON BOARG�areidernads oLNAY7.E0. © 2005 Tele Atlas North,Amepya,;lric. Nit hts'ieserred'Tefe`Atlas and Tele Atlas Nlodh Anerica,ar0 t der arks0l1 lle.lIa§,dnc. `;j m! .'.E � `Or Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 20 10 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 11/30/2011 BUSINESS NAME: WaI-Mart ADDRESS: 1200 Highland Avenue, National City, CA 91950 OWNER NAME: Wal-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 (I pt) • Market (2 pts) ❑ Bar/Night Club (3 pts) 11. Hours of Operation ❑ Daytime hours (1 pt) ❑ Close by lOpm (2 pts) 0 Close after I Opm (3 pts) III. Entertainment ❑ Music (I pt) ❑ Live Music (2 pts) LI Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1 pt) VI Medium (2 pts) ❑ High (3 pts) V. Alcohol Businesses per Census Tract ❑ Below (1 pt) ❑ Average (2 pts) GI Above (3 pts) Notes: Revised: 11/11 I of 2 11 National City Police Department ABC Risk Assessment VI. Calls for Service at Location ffor previous 6 months) ❑ Below (1 pt) ❑ Average (2 pts) VI Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) VI Mostly commercial businesses (I pt) ❑ Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) V i11. Owner(s) records check Pl No criminal incidents (0 pts) LI Minor criminal incidents (2 pts) ❑ Multiple/Major criminal incidents (3 pts) Low Risk ( 12pts or less) Medium Risk (13 — 18pts) High Risk (19—24pts) Total Points 14 OWNER NAME: Wal-Mart Real Estate Trust DOB: N/A OWNER ADDRESS: 550 E. Hospitality Lane, #300, San Bernardino, CA 92408 OWNER NAME: OWNER ADDRESS: DOB: 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 e4-- '02—// Badge ID: 365 2 of 2 12 11/30/11 Geocoding System FFIEC Geocoding System 1ep -t 3acu tc Geocode. Search Contact Us Privacy Pni[cv Disclaimer FFIEC Pain Geocode Search Result for 2011 HMDA/CRA Reporting Street Address 1200 HIGHLAND AVE MSA/MD Code 41740 i City Name NAT CITY State Code 06 State Abbreviation CA County Code 073 Zip Code 91950 Tract Code 0117.00 MSA/MD Name: SAN DIEGO-CARLSBAD-SAN MARCOS, CA State Name: CALIFORNIA County Name: SAN DIEGO COUNTY Get Census Demographic Last update: 08/01/2011 5.:00 PM Get Street Map Cmitact Us_ www.ffiec.govigeocode/Geocodesearch.a spx?parmStri ng=aR6gP 13cx7Tz..13 1 /1 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL NUMBER OF LICENSES AUTHORIZED BY CENSUS TRACT COUNTY CENSUS TRACT POPULATION ON -SALE OFF-S 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 14 PAGE 104 11/30/11 Calitg-33a ABC - License Query System - Data Portal California Department of Alcoholic Beverage Control For the County of SAN DIEGO - (Retail Licenses) and Census Tract = 117 1) 2) 3) License Status License Type Orig. Iss. Date 132502 ACTIVE 48 2/23/1983 176179 ACTIVE 41 9/30/1985 212962 ACTIVE { zty 3/14/1988 286176 ACTIVE 41 7/14/1993 319583 ACTIVE 21 5/10/1996 6) 7) 8) 9) 323832 ACTIVE 0 5/6/1997 373003 ACTIVE 21 2/5/2001 385071 ACTIVE 52 41 3/29/2002 393935 ACTIVE 11/13/2002 10} 00 /87 CTIVE (V 3/10/2004 Report as of 11/30/2011 Expir Date Primary Owner and Premises Addr. Business Name Mailing Address Geo Code 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 12/31/2011 CEC ENTERTAINMENT INC 1143 HIGHLAND AVE NATIONAL CITY, CA 91950 CensusTract: 0117.00 CHUCK E CHEESES 439 PO 80X 152077 IRVING, TX 75015-2077 3708 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 6/30/2012 WOO, MARIO L 1132 E PLAZA BLVD. STES 205 & 206 NATIONAL CITY, CA 91950 CensusTract: 0117.00 3708 6/30/2012 YOUNAN, BASIM 1535E 18TH ST NATIONAL CITY, CA 91950 Census Tract- 0117.00 FARMERS DISCOUNT MARKET 3708 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 1/31/2012 BIG BEN MARKET CORP THE 108 E 8TH ST NATIONAL CITY, CA 91950 Census Tract: 0117.00 BIG BEN MARKET 3708 8/31/2012 VFW THOMAS H COSBY JR POST 4630 1401 HIGHLAND AVE NATIONAL CITY, CA 91950 Census Tract: 0117.00 THOMAS H COSBY JR POST 4630 3708 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 ./30/2012 WAL MART STORES INC 1200 HIGHLAND AVE NATIONAL CITY. CA 91950- 3541 WAL MART STORE 5023 02 SW 8TH ST, EPT 8916 BENTONVILLE. R 72716-0555 3708 www.abc.ca.gov/datportlAHCountyRep.asp j J 1/2 11/30/11 Califs --'a ABC - License Query System - Data Portal jJ Census Tract: 0117.00 1 1 6;30/2012 11 409819 ACTIVE CONTRERAS CURIEL CORP 1705 HIGHLAND AVE NATIONAL CITY, CA 91950 Census Tract: 0117.00 KARINAS MEXICAN STYLE SEAFOOD EXPRESS 3708 41 7/26/2005 12` 412441 ACTIVE V 6/21/2004 5/31/2012 JAMMO, FARIS HANNA 916 E 81H ST, BLDG A STE 9 NATIONAL CITY, CA 91950- 2566 Census Tract: 0117.00 WILSON LIQUOR 3708 13) 432978 ACTIVE 41 2/3/2006 3/31/2012 PANDA PALACE ENTERPRISE INC 1105 E PLAZA BLVD STES D & E NATIONAL CITY, CA 91950 Census Tract: 0117.00 PANDA PALACE CHINESE RESTAURANT 3708 14 446671 ACTIVE 41 12/22/2006 11/30/2011 GINZA CORPORATION 925 E PLAZA BLVD, #G NATIONAL CITY, CA 91950- 3549 Census Tract: 0117.00 GINZA SUSHI 3708 15) 456482 CT IVE 5/20/2008 6/30/2012 SMART & FINAL STORES LLC 1220 E PLAZA BLVD, STE 510 NATIONAL CITY, CA 91950- 3610 Census Tract: 0117.00 SMART & FINAL 347 PO BOX 512377 LOS ANGELES, CA 90051 3708 16) 475178 ACTIVE 41 � if 2/17/2009 10/31/2012 RNN INTERNATIONAL INC 1430 E PLAZA BLVD, # E10 11 NATIONAL CITY. CA 91950- 3697 Census Tract 0117 00 LAI THAI RESTAURANT 370 17) 479720 ACTIVE 11/25/2009 10/31/2011 GARFIELD BEACH CVS LLC 1201 E PLAZA BLVD NATIONAL CITY, CA 91950- 3609 Census Tract 0117.00 CVS PHARMACY 9138 1 CVS DR, MAIL DROP 23062A WOONSOCKET, RI 02895-6146 3708 47 10/27/2009 9/30/2012 KAPETANIOS, CHRISTOS 1441 HIGHLAND AVE NATIONAL CITY, CA 91950- 4623 Census Tract: 0117.00 CAFE LA MAZE 3708 18 481974 ACTIVE 19) 57253 ACTIVE 52 1/1/1994 3/31/2012 LARRY E BENNETT POST 255 HE AMERICAN LEGION DEPAR 35 E 181H ST NATIONAL CITY. CA 91950 Census Tract: 0117.00 AMERICAN LEGION KENNETH L BLANCHARD POST 255 3708 - End of Report - - For a definition of codes, view our glossary. www.abc.ca.clov/datport/AHCountyRep.asp 16 GRESHAM j SAVAGE Brent.McMattigalPGreshamSavage.corn • San Bernardino Office (909) 890-4499 fax (909) 890-2311 ioo October 31, 2011 VIA FEDERAL. EXPRESS Michael Fellows Planning Division City of National City 1243 National City Boulevard National City CA 91950 Re: Modification to Alcohol CUP 2003-105 for Walmart National City Store 5023 Our firm represents Wal-Mart Stores, Inc., the owner and operator of the store at 1200 Highland Avenue. I am enclosing an application to modify the alcohol conditional use permit (CUP 2003-105) and a request for a finding of Public Convenience or Necessity ("PCN"), to permit the sale of beer and liquor at the store. Walmart is currently processing an application for a Type 21 alcohol license through the California Department of ABC to upgrade from its existing Type 20 License. Prior to the ABC issuing the Type 21 license, the City trust approve the requested entitlements. The store is located at the NW corner of Highland Avenue and East Plaza Boulevard, in census tract 117. The census tract contains 8 existing off -sale licenses, whereas the population only supports 4 licenses. For this reason, the ABC considers the census tract to be "overconcentrated" and requires Walmart to obtain a PCN finding to sell liquor at the store. Also enclosed is a copy of the Resolution of Approval for CUP 2003-105, for your convenience. When the City approved CUP 2003-105, Walmart was proposing to sell wine and wine coolers only (at that time, Walmart's inventory of alcoholic beverages was limited to wine only). In accordance with this request, the City imposed condition of approval no. 4, which prohibits the sale of beer at the store. The City also included in CUP 2003-105 a condition restricting the sale of alcohol to between 10 p.m. and 8 a.m. (condition no. 3). As part of the CUP modification process, Walmart would like to request that the City eliminate conditions 3 and 4 to permit the sale of alcoholic beverages (beer, wine and liquor) between the hours of 6 a.m. and 2 a.m., as permitted by state law. 3750 University Avenue, Suite 250 • Riverside, C'alilornia 92501 550 East Hospitality Lane, Suite 300 • San Bernardino, CalilOrnia 92408 CireshamSavage.com 17 Pnuedurei—.J477II.I Michael Fellows - Planning Division City of National City October 31, 2011 Page 2 For ease of reference, attached is a list of documents enclosed as part of Walmart's application to modify Alcohol CUP 2003-105: 1. Application with Exhibit A (Project Description) and Resolution 2003-105; 2. ABC Form 245 — Finding of Public Convenience and Necessity; 3. Grant Deed; 4. Check for $7,890.00 as payment of application fees; 5. Floor Plans displaying Alcohol Sales Area; 6. Site Plan; 7. Environmental Assessment Form; 8. Special Power of Attorney from Wal-Mart Stores, Inc for Brent McManigal authorizing the processing of applications for the sale of alcoholic beverages; 9. Certified Mailing List. On April 20, 2011 Michael Hardison from our office met with you to review the attached information. We understand that with this meeting, we have met the application review requirement. In addition, we will begin to work and schedule the Community meeting as required. Please review the attached Applications and attachments and let me know if you have any questions or require additional information. I can be reached at (909) 890-4499 or email at Brent.McManigal@GreshamSavage.com. Very truly yours, Brent Mc .nigal, for GRESHAM SAVAGE NOLAN & TILDEN, A Professional Corporation BRM:mm Enclosure 18 Wlib:-Cali tong \tiC I'n�ced r�-6d7-11 51'-4" '.RA_2JJLhN., J Beer & Wine 0 EXHIBT A -REVISED CASE FILE NO 2011-29 CUP DATE. 2/2212012 L�_ICLG141GI✓viif�UIlIJ 1ea,J11 5 '-2 13/1± 36'-9 3/16" hI Le iarcd IMMMO aic.-�oewa��wa .a�srzy iiiir j .�. -•.rrcCur cuwurrxnun _ ••.. LLiquor f.. NNW ii 111114imq I 327'-8" 5023 National City Beer/Wine Display Locations 512.-7 7/16 ' March 20th. 2012 Re: Written Appeal of Planning Commission Resolution on March 5, 2012 to Approve a Conditional Use Permit for Wal-Mart al 1200 Highland Avenue for the Addition of Sales of Beer and Distilled Spirits (Liquor Sales) Dear Honorable Mayor and Esteemed City Council Members: Please accept this letter as a formal appeal in writing regarding the decision of the Planning Commission to approve a Conditional Use Permit for Wal-Mart at 1200 Highland Avenue for the addition of sales of beer and distilled Spirits (Liquor Sales). We have collected 61 signatures on our Statement of Support from residents and community members in just the past four days. The Statement of Support reads: As residents and business owners in National City the take pride in a safe, friendly, community - oriented neighborhood and we believe the proliferation of stores selling alcohol, particularly distilled spirits jeopardizes the health, safety and welfare of our senior citizens, our youth and our community at large. Because recent research shows increased incidents of violence with each new license allowed in a community, we, the undersigned, are asking for your support in our efforts to protect our children and families and to preserve our quality of life in National City. Specifically, we request your serious consideration to deny the request of Wal-Mart to change their existing alcohol license to also include sales of hard alcohol. Please note, according to California Department of Alcoholic Beverage Control, census tract 117 where Wal-Mart is located indicates only (12) alcohol licenses are allowable, whereas this tract already has (19) existing total licenses. 6fi'e believe an increase in one more license for off -sale distilled spirits is unnecessary and thus, is not needed for public convenience and necessity. We ask you to consider the undue concentration of alcohol outlets in census tract 117 (There are eight alcohol outlets, twice the allowable number of four, for off -sale alcohol sales, the close proximity of youth sensitive areas and senior centers and DENY the application by Wal-Mart to sell hard alcohol. We believe an increase in one more license for off -sale distilled spirits is unnecessary in this area, as there is already twice the allowable amount of off -sale licenses and thus this license application is not needed for public convenience and necessity. We encourage you to review the documentation for this application, including the previous records for the original Wal-Mart application approved in 2003 for the sales of wine only as a matter of public convenience and necessity, the Planning Commission Resolution to deny a modification in 2008 to allow the sale of beer, a Police Department report from 2008, a Community meeting from 2008, along with the current records. - ' l; ll?I1.Vti d0 Thank you for your time and consideration of these matfets_ 11 d 0 Z H id 11O1 Written Appeal of Planning Commission Resolution on March 5. 2012 to 41144p6Ma7c1Mditional Use Permit for Wal-Mart at 1200 Highland Avenue for the Addition of Sales of Beer and Distilled Spirits (Liquor Sales) March 20, 2012 Page 1 20 c*- r , Na tjo-a • 5:1 b'• Vr‘ ,,.., •.',,'' Ht!. -1,.'• 7, 0) • ' v,.a c1.1 %, •'-i:: a. Krrn tali , Par* •7: . _.., c'D i. -„ - ,'. ' • L• ,.. m s ' 0, ' Ntt rs. „inn 1 • 0_ .._, 7., •., -V, '0, ,.... C. Off Beer/Wine SALE (2) On Sale Beer/Wine (7) Red Pin = Off Sale Liquor (6) 5 L Ct Red BalLiquorloon on = 1)(4 (Gehera _sale) TOTAL= 19 Allowed =12 2. The owners of the facility received a previous violation on April 16, 2004, by the National City Police Department for selling alcohol to a minor, in violation of Health and Safety Code. 3_ The proposed use not deemed essential and desirable to the public convenience and welfare since alcohol is currently offered at local grocery stores, convenience stores, and liquor stores within the city. 4. The proposed modification is not necessary to allow for reasonable operation of the store as the sale of beer is ancillary to the primary products of the store and would be expected to account for less than I% of total store sales. 5. That the proposed use will have an adverse effect upon adjacent or abutting properties, since the request is to allow for additional alcohol sales at a site that is located across Plaza Boulevard from an elementary school. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends denial of Conditional Use Permit Modification application no. 2008-16 CUP. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 19, 2008, by the following vote: AYES: Alvarado, Baca, DeLaPaz, Pruitt NAYS: Reynolds, Flores ABSENT: ABSTAIN: \a,--11-wy CHAIRWOMAN 22 BACKGROUND I_ Site Characteristics The project site is the WalMart store located at the southwest corner of Highland Avenue and Plaza Boulevard in the General Commercial (CG) zone. The store includes an approximately 136,000 square foot buiding 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, and Central Elementary School located to the north of the site, across Plaza Boulevard. 2. Proposed Usc In 2003, WalMart submitted an application for a Conditional Use Permit to sell beer and wine at their National City store. At that time, Walmart stores only offered wine sales; however, since ABC only offers permits for both beer and wine, their application included both. The Planning Commission recommended approval of the proposed CUP (CUP-2003-12) in July 2003. Afterwards, the City Council held a public hearing and approved the request to sell wine, but denied the sale of beer. Since the original request, WalMart corporate offices have amended their policy toward the sale of alcohol and are looking to sell beer as well as wine. The store manager states he received this information from corporate early last year and mistakenly placed beer for sale in the store. After being notified by City Code Enforcement that the sale of beer was restricted, the store pulled all beer from the shelves. As a result, they have now submitted an application to modify their original CUP in order to allow for the sale of beer. No other changes are proposed to the original conditions of approval (see attached). Beer and wine would be displayed in an aisle near the center of the store, to be sold at room temperature, and to only be sold between the hours of 8 a.m. and 10 p.m. In addition, the applicant has proposed the inclusion of an additional condition which prohibits the display of alcohol on "end caps" and the display of alcohol within the store's main aisles. The Land Use Code allows the sale of beer and wine for off -site consumption with an approved Conditional Use Permit. Modification of an existing CUP requires a similar process, including the requirement that applicants hold a community meeting prior to a public hearing. For that reason, the applicant held a meeting on Tuesday, April 22, 2008 at 6:00 p.m. to address any potential public concerns. The meeting was advertised through a mailing of an invitation to the surrounding neighborhood. Copies of the notice were also distributed to other organizations as required by City policy, including the City Police Department and Institute for I'ublic Strategies, who were present at the meeting. According to the applicant, approximately 30 people attended this meeting and discussed the proposal. A copy of the meeting notice sent to neighbors, as well as a sign -in sheet, and an account of the topics discussed are attached. 23 ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4_ Council Resolution No_ 2003-105 (granted original approval) 5. Community meeting advertisement, sign -in sheet, and minutes 6. Public Comments Received 7. Notice of Exemption 8. Public Hearing Notice (Sent to approx. 943 property owners and occupants) 9. Application 10. Applicant's Plans (Exhibit A, Case File No. 2008-16 CUP, dated 4/02/2008) ANGELA REEDER Associate Planner r / J //t7 PLEG. i}t C HAPIN Principal Planner 24 RECOMMENDED CONDITIONS OF APPROVAL 1. This Conditional Use Permit authorizes the sale of beer and wine for off -site consumption at Wal-Mart, at 1200 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. 2008-16 CUP, dated April 2, 2008. 2. Pernuttee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. The sale of alcoholic beverages shall be prohibited between the hours of 10:00 pm and 8:00 am. 4. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2008-16 CUP, dated April 2, 2008. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. 5. No beer and malt beverage products shall be sold in less than six-pack quantities. There shall be no sale of single cans or bottles of beer. 6. No wine, wine coolers, or flavored malt beverages shall be sold in containers of less than 750 milliliters, unless sold by four -pack or other manufacturer's pre -packaged multi -unit quantities. 7. The sale of alcoholic beverages with an alcoholic content greater than 15% by volume is prohibited. 8. Permittee shall post signs, to be approved by the Planning Department, on each exterior building wall of the licensed premises that faces a vehicle parking lot, in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 9. The permittee shall post signs at each entrance to the licensed premises prohibiting loitering on or in front of the premises 10. All disposable cups and containers shall be sold in multi -container packages and not 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. Alcoholic beverages stored in the back of the store shall be located in a locked area. 13. The use of refrigerated coolers for alcoholic beverages, including beer and wine shall be prohibited. 14. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 25 100 0 100 200 300 Feet PROJECT AREA South Bay Plaza DRN. DATE: 4/22/08 Modification of a Conditional Use Permit to allow the safe of beer along INITIAL with existing wine sales at a Wal-Mart store 2008-16 CUP HEARING: LOCATION MAP NATIONAL CITY PLANNING ! 5/05/08 26 Resolution No. 2003 — 105 August 5, 2003 Page 2 of 4 5785 5. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law_ BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the sale of beer and wine for off -site consumption at Wal-Mart, at 1200 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A and B, Case File no. CUP-2003-12, dated April 16, 2003. 2. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. The sale of alcoholic beverages shall be prohibited between the hours of 10:00 p.m. and 8:00 a_rn. 4. The sate of beer shall be prohibited. The sale of malt liquor shall be prohibited (except for flavored malt beverages). 5. No wine, wine coolers or flavored rnatt beverages shalt be sold in containers of lass than 750 milliliters, unless sold by four -pack or other manufacturer's pre -packaged multi -unit quantities. 6. The sale of wine with an alcoholic content greater than 15'4by votume is prohibited. 7. All alcoholic beverages offered for sale shall be room temperature. 8. Permittee shall post signs on the exterior building wails 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 Department, 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 shalt not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shalt read as follows: a. "No open alcoholic beverage containers are allowed on these b. "No loitering is allowed on or in front of these premises." 0_ 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. premises." 27 Resolution No. 2003 — 105 August 5, 2003 Page 4 of 4 5787 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 Sectiori 1091,6. PASSED and ADOPTED this 5"' day of August, 2003.7 ATTEST: t 1 I!. Michael R. Oalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick In'ruW Mayor 28 Minutes of Community Meeting for Wal-Mart Alcohol CUP Modification April 22, 2008 Wal-Mart Store Manager, Bryan Campbell, and Land Use Attorney Alicen Wong presented information about Wa1-Mart's corporate decision to begin selling beer and wine at all non- Supercenter department stores to a group of about 30 people, followed by a question and answer session: Q What is a CUP? A- It's a Conditional Use Permit to sell spirits. Q- Does Wal-Mart understand the reason why the City originally required a CUP to sell alcohol? A- To make sure alcohol is sold in a responsible manner. Q Is WaI-Mart allowed to under price other stores? A— Yes. Wal-Mart can sell for less but certain items cannot go below a certain amount, like milk. Q-- Remaking the image of the City and the high crime rate are still major issues here in National City. There are a lot of stores already selling spirits. Q from Wal-Mart- Are you talking about the high crime rate generally or crime taking place in the Wal-Mart parking lot? A—Wal-Mart's job is to remain loyal to National City by remaining true to original promise not to sell beer because of the original deal Wa1-Mart made. A- I don't believe it (the prohibition against selling alcohol) was a promise. It was a Condition of Approval. I don't want you to get the idea that Wal-Mart agreed in 2003 to never sell beer. Wal-Mart does want to sell beer now, so we are here to see how the community feels about that. Q- Because of the high cost of gas I wouldn't want to drive to another Wal-Mart to get beer if I could get it here at the National City Wal-Mart. A— WaI-Mart is also not the kind of store people go to, to buy alcohol only because its easier to buy liquor from a liquor store. A from WaI-Mart Store Manager: The number of thefts overall has gone down and the number of thefts related to spirits is down because of the location of the items in the store, and the idea that customers are not there just to steal beer or wine. They are usually stealing from the smaller stores. Statement from the Police Department: Regarding crime, the 2007 statistics are: 4 DUI offenses within ''A mile of Wal-Mart including one minor -in -possession in a vehicle, I open container in the Wal-Mart parking lot. 29 Q- What are the steps to an approval? A- Submit an application, community meeting, Planning Commission hearing, City Council. Wal-Mart needs to hear from you to see what the store needs to do to do a good job if the City approves the sale of beer. Q- I remember that when Wal-Mart applied for the alcohol license that Wal-Mart said it would never re -apply to sell beer. A- At the time, Wal-Mart was not planning to sell beer. But now, 5 years later, the Wal- Mart Corporation would like to start selling beer. Q- Was there a time limit on this condition? A No. Statement by Community Member— The city wanted to improve the quality of life in 2003, that is why the conditions were stipulated not to sell beer. The residents said at the time it would be O.K. to sell wine but not beer. By selling beer this would attract homeless to the arca. The hours were also stipulated to help reduce issues as well as non -refrigerated. A— Wal-Mart does get complaints about the hours of sale but it is negligible. Q- Being a part of National City I believe that selling beer is not a good idea by having one more place to access alcohol. 1 don't think that it is needed. I really like what the Wal-Mart business has brought to National City but not to sure it would be fine to sell Neer. Statement by Community Member— We'll do anything we can to prevent the sale of beer! A- I don't think limiting the locations where beer is sold will make that big an impact. A from Community Member - The adults are the problem with kids getting alcohol. There are a percentage of kids that will go and get adults to buy the beer once they see that Wal- Mart sells it. A from another Community Member - We are trying to change the social norm and not having the sale of beer will help. The residents would rather have another grocery store. Q- Is there an area that could be closed off for the sale of alcohol? A- It is one option that Wal-Mart could look at, but I'm unsure. 30 NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: April 21, 2008 TO: Angela Reeder, Associate Planner FROM: L. Brent Roark, Lieutenant — NPT 1I Commander SUBJECT: Case File No: 2008-16 MI -CUP Wal Mart at 1200 Highland Ave. has applied for modification ofa conditional use permit. The applicant requests removal of a condition of approval that restricts alcohol sales to wine only. The National City Police Department opposes the granting of the modification. As previously stated in similar cases in which the applicant is seeking modification, there are several factors taken into consideration on applications such as the one before us. The Police Department takes its responsibility in the review of such applications seriously and relies upon the expertise of police personnel, as a result of their training, and knowledge, to offer conscientious, data -driven input. It is not sufficient for the Department to narrow its focus on simply criminal conduct per se regarding an outlet or the surrounding area. The Department takes a much more broad view of planning issues with an eye toward environmental prevention strategies. The Department recognizes that our responsibility must extend to proactive and preventative measures that address community health, safety and wellbeing on a broad scope. Even small changes to a business, whether it is concerning aesthetics or the business design and plan, often times create dynamic changes to the area. Those changes can directly influence a host of livability issues (traffic, noise, loitering, social behaviors, etc.) Those same changes can also -directly affect safety services in regard to the number and type of involvement. The mood of the public should be a vital consideration when the police make policy decisions. Therefore, we rely heavily on community input and use the 1999-2000 community survey which measured the community's perception on a myriad of alcohol issues. That survey, for example, revealed that 80% of the respondents perceived underage alcohol consumption as either somewhat of a problem or a major problem. 64% of the respondents believed there is a high relationship between alcohol consumption and violent crime. Further, respondents believed that either too many alcohol outlets existed (30.3%) or enough outlets already exist (29.5%) and no further are needed in the city. Finally, 62% of the respondents recognized that someone under the legal drinking age can easily access alcoholic beverages in National City and that there are many negative consequences associated with underage alcohol consumption. 31 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR 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: 2008-16 CUP Project Location: 12()0 Highland Avenue (APN 556-560-41), National City, California Contact Person: Angela Reeder Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Modification of a Conditional Use Permit to allow for the sale of beer in addition to existing wine sales for off -site consumption at an existing WalMatt store. Applicant: Alicen Wong Gresharn Savage Nolan & Tilden 550 E. Hospitality Lane, Ste 300 San Bemadino, CA 92408-4205 Exempt Status: Telephone Number: (909) 890-4499 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Not a project as defined in Section 15332 of CEQA Not subject to CEQA (Sec. 15061b3) 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 wine for off -site consumption at an existing department store. Date: Angela Reeder Associate Planner Q Recycled Pater 32 APPLICATION for MODIFICATION OF A x NATIONAL CITY, CALIFORNIA Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY AA Case Number lOQ I 16 (-- V Filing Fee $ U_3 I Receipt No. 3 Date Received 1\ 12I©g By E.A.F. Required Related Cases Fee LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) See Exhibi! "A" attached. PROPERTY LOCATION 1200 Highland Avenue between Plaza No. /ft and 4 th Street COMBINED GENERAL PLAN/ZONING DESIGNATION General Commercial Conditional Use/Planned Development/Planned Unit Development Pennit Modification Application Revised December, 1998 Page 1 of4 33 APPLICANT Name Aileen Wong (Please type or print) ttISignature: ,'- (Signature certif s that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Gresham Savage Nolan & Tilden 550 E. Hospitality Lane, Suite 300 San Bernardino, GA 92408-4205 Phone No. 909-723-1811 Fax No. 909-890-2511 Date: 31;�.jOo Conditional Use/Planned Devclopmcnt/PIanncd Unit Development Per mil Modification Application Revised December, 1993 Page 3 of4 34 March 20th, 2012 Dear Honorable Mayor and Esteemed City Council Members: As residents and business owners in National City we take pride in a safe, friendly, community -oriented neighborhood and Nye believe the proliferation of stores selling alcohol, particularly distilled spirits also known as hard liquor, jeopardizes the health, safety and welfare of our senior citizens, our youth and our community at large_ Because recent research shows increased incidents of violence with each new license allowed in a community, we, the undersigned, are asking for your support in our efforts to protect our older adults, children and families and to preserve our quality of life in National City. Specifically, we request your serious consideration to deny the request of Wal-Mart to change their existing alcohol license to also include sales of hard liquor also know as distilled spirits for the following reasons: • According to California Department of Alcoholic Beverage Control (ABC), census tract 1 11 where Wal- Mart is located indicates only (12) alcohol licenses are allowable, whereas this tract already has (19) existing total licenses. The ABC allows four "Off -Sale" retail alcohol licenses in this census tract Currently, there are eight "Off -Sale" retail alcohol licenses in the census tract. This is twice the allowable amount and is an undue concentration. Six of the eight "Off -Sale" licenses are for distilled spirits (hard alcohol)_ • Other businesses selling distilled spirits are located nearby. CVS, Smart and Final, Seafood City are three of the businesses in close proximity to Wal-Mart that currently sell distilled spirits. One is approximately 3/l0ths of a mile away, easily within walking distance of the Wal-Mart • Youth sensitive areas are nearby. Three schools, Central Elementary, National City Middle, and Otis Elementary are all located in close proximity to Wal-Mart Central Elementary School is _25 miles from the Wal-Mart. Kimball Park and the Boys & Girls Club are .25 miles away. Also, two churches are located less than one mile away from the store. • Kimball Senior Center is only 500 feet from the Wal-Mart with a large concentration of older adult residents. Some of the residents are disabled. Seniors are vulnerable to crime. Some seniors have been assaulted and robbed of their belongings in the area. Alcohol -related crimes have been reported in the area and residents are being negatively impacted_ There is a history of homeless people and transients frequenting the area. • Alcohol is a drug and abuse of it leads to increased violence as well as alcohol -related crimes. Receipt of an alcohol license is a privilege, not a right. • Another consideration is how this will affect other local business owners in National City who received their alcohol licenses when there was not an undue concentration of alcohol licenses in the census tract Will their business suffer if another license is added? We, the undersigned on the Statement of Support, ask you to consider the undue concentration of alcohol outlets in census tract 117 (twice the allowable number for off -sale alcohol sales, the close proximity of youth sensitive areas and senior centers and DENY the application by Wal-Mart to sell hard alcohol. We believe an increase in one more license for off -sale distilled spirits is unnecessary in this area, as there is already twice the allowable amount of off - sale licenses and thus this license application is not needed for public convenience and necessity. 35 South Bay Community Change Project Community --Re ui WWEI Alcohol Sales A Guido for Community Planners February 20I2 SAmalt businesses are significant contributors to our community's viability. They provide goods, services and needed tax revenue. On the other hand, those selling alcohol face the unique challenge of selling a product that alters behavior and can negatively impact the quality of life in local neighborhoods. Fortunately, planning groups have been given the authority to regulate these businesses within their communities. Preserving the Neighborhood Character Alcohol is a major health and safety issue that is readily affected by the number of alcohol outlets in a community. Research has shown that a high concentration of alcohol outlets can lead to intentional and unintentional harms, a myriad of crimes and financial consequences_ 12,3 5 Luckily, in San Diego County, communities are represented by dedicated volunteers who have the power to regulate these establishments at a local level_ Local planning boards are in a unique position to be advocates for the community and gatekeepers to the characteristics of the neighborhood. Annual costs associated with alcohol use in j San Dieyo County Nearly $2 billion °that costs, nedMort _ce....ds..�n.��wn..ew.....o..<.. wcwds...:.,.am High Density Carries Costs for Communities Regulating alcohol outlet density has proven to be an effective method of reducing excessive alcohol consumption.%!1 high concentration of alcohol outlets has been linked to health -related consequences such as traffic crashes 1, violent crime i, underage drinking ', domestic violence 1.2.3 child abuse and neglect L2'3, and suicide '. Crime -related consequences including disturbing the peace, property destruction, loitering, littering, graffitti, public drinking, public urination, and lewd conduct. Finally, financial consequences such as health - related costs, crime -related costs_ decreased sales in graffiti areas, and decreased price of alcohol due to increased availability. 36 Corrunun.ity-Regulated Alcohol Soles — Pagel STATEMENT OF SUPPORT As residents and business owners in National City we take pride in a safe, friendly, community -oriented neighborhood and we believe the proliferation of stores selling alcohol, particularly distilled spirits jeopardizes the health, safety and Welfare of our senior citizens, our youth and our community at large. Because recent research shows increased lcidents of violence with each new license allowed in a community, we, the undersigned, are asking for your support in our efforts to protect our children and families and to preserve our quality of life in National City. Specifically, we request your serious consideration to deny the request of WaI-Mart to change their existing alcohol license to also include sales of hard alcohol. Please note, according to California Department of Alcoholic Beverage Control, census tract 117 where Wal-Mart is located indicates only (12) alcohol licenses arc allowable, whereas this tract already has (19) existing total licenses. We believe an increase in one more license for off -sale distilled spirits is unnecessary and thus, is not needed for public convenience and necessity. NAME 01 7,1 a 714 ADDRESS > I" 0 C( I) CITY J,/a- // J n (,)<. / Ci (y. STATE C Q ZIP CODE 9 PHONE / 1, Z/ 9 7 0 2 6 6 E-MAIL SIGNATURE,z �yli.,L'7ti�ci Yes! Please add me to your e-mail list. NAME: ) f ( ADDRESS ! 3 / / /) 2 Y 2 /� / l CITY E/t�y/j��a STATE Cp ZIP CODE PHON (ram/ q) 3 fo _ / / FAX E-MAIL I1 SIGNATURE Ord "2 _7 YES! Please add me to your e-mail list! CONTACT NAME: � L (n ADDRESS ! 7 -1 j v L 17' o Gd CITY C-n STATE ZIP CODE Ch el � ( ) PHONE G/ Y 7_ i 'j/ FAX E-MAIL ❑ YES! Please add me to your e-mail list! SIGNATURE sy, � ` -j7- CONTACT NAME. 7N/-I p/ 1/' n t.`�.// L �i ADDRESS / J) ( 9 41/, A/G CITY 474 /q/ 2 Av,4j C-/77 PHONE ('c /%) YJC /D 72- FAX E-MAIL SIGNA IURE. S"I ATE CA ZIP CODE CA, f(U ❑ YES! Please add me to your e-mail list! PLEASE RETURN All SIGNATURE FORMS TO: Arthur Michener This information will be used only for purposes of these efforts. 37 STATEMENT OF SUPPORT As residents and business owners in National City we take pride in a safe, friendly, community -oriented neighborhood and we believe the proliferation of stores selling alcohol, particularly distilled spirits jeopardizes the health, safety and welfare of our senior citizens, our youth and our community at large. Because recent research shows increased incidents of violence with each new license allowed in a community, we, the undersigned, are asking for your support in our efforts to protect our children and families and to preserve our quality of life in National City. Specifically, we request your serious consideration to deny the request of Wal-Mart to change their existing alcohol license to also include sales of hard alcohol_ Please note, according to California Department of Alcoholic Beverage Control, census tract 117 where Wal-Mart is located indicates only (12) alcohol licenses are allowable, whereas this tract already has (19) existing total licenses. We believe an increase in one more license for off -sale distilled spirits is unnecessary and thus, is not needed for public convenience and necessity. NAME: (j (c14/1/-„ K.1 e 0 20 ADDRESSU t S i1 D t' CIIYC1±xr a_� Cam, STATE ZIP CODE Q 1c PHONE (7 I A 1 `{ E-E2AIL____ �R-yt SIGNATURE I - I Yes! Please add me to your e-mail list. NAME. ' `1,C\ ADDRESS .- \ Z r �� --. s1-e CfrY\N R \u PFIONE rj -7 -7 - C -7 1-7 E-MAIL SIGNATURE STATE ( 'Or FAX CONTACT NAME- _ / / ADDRESS j O f3 % I (J (t - CITY [ /54AzLr• C� s= STATE (�� ZIP CODE 9)/ PHONE.----- �" J '� -r E-MAIL /i ' U l 1 YES! Please add me to your e-mail list! SIGNATURE ZIP CODE CA. YES! Please add me to your e-mail list! CONTACT NAME\ J U- ? 11.14 ADDRESS / 3 / .d4 /-> ,4 7/ Cl /1(),. /� L / J / / STATE2/7 / .%" ZIP CODE 7 / j PHONE C / `� tt T E-MAIL SIGNATURE- ❑ YES! Please add me to your e-mail list! PLEASE RETURN ALL SIGNATURE FORMS TO: Arthur Michener This information will be used only for purposes of these efforts. 38 SIGNATURE Statement of Support As residents and business owners in National City we take pride in a safe, friendly, community -oriented neighborhood and we believe the proliferation of stores selling alcohol, particularly distilled spirits jeopardizes the health, safety and welfare of our senior citizens, our youth and our community at large. Because recent research shows increased incidents of violence with each new license allowed in a community, we, the undersigned, are asking for your support in our efforts to protect our children and families and to preserve our quality of life in National City. Specifically, we request your serious consideration to deny the request of Wal- Mart 10 change their existing alcohol license to also include sales of hard alcohol. Please note, according to California Department of Alcoholic Beverage Control, census tract 117 where WaI-Mart is located indicates only (12) alcohol licenses are allowable, whereas this tract already has (19) existing total licenses. We believe an increase in one more license for off -sale distilled spirits is unnecessary and thus, is not needed for public convenience and necessity. NAME: ii PA, ,,A\ICC _6 c 1vt / l ADDRESS .�� rS C.i V € CITY -f /(j raq �� (._"1STATE__ZIP CODE 9/ ?so SIGNATURE NAME: SIT ADDRESS r7<31 02 is J 6 CITY /OA i j (WA SIGNATURE STATE ZIP CODE et(�j ' C) NAME: fq c 56- \ tc, (= c ._) ADDRESS /co % A y Y . CITY �� C. f C. STATE C,oA, ZIP CODE i „ t 13 SIGNATURES NAME: ViMti ° S• p {{ �I 1 C.lA�E`y��U ADDRESSt A *�- \ V • /-11)fil; .. IJ = { IAAAI�r �'l� of cf CITY !.} 61\0J`Mc,� -,�—. SiAtEZIP CODE 6.0 C` NAME: 70 vt ck 11,16 Y ( 171 ADDRESS S/ L . 11 I/ CITY ✓t C, / t d ttGl1 C r ly SIGNATURE STATE_ C ZIP CODE PLEASE RETURN ALL SIGNATURE FORMS TO: Arthur Michener 7 iC7 (j This information will be used only for purposes of these efforts. 39 Statement of Support As residents and business owners in National City we take pride in a safe, friendly, community -oriented neighborhood and we believe the proliferation of stores selling alcohol, particularly distilled spirits jeopardizes the health, safety and welfare of our senior citizens, our youth and our community at large. Because recent research shows increased incidents of violence with each new license allowed in a community, we, the undersigned, are asking for your support in our efforts to protect our children and families and to preserve our quality of life in National City. Specifically, we request your serious consideration to deny the request of Wal- Mart to change their existing alcohol license to also include sales of hard alcohol. Please note, according to California Department of Alcoholic Beverage Control, census tract 117 where Wal-Mart is located indicates only (12) alcohol licenses are allowable, whereas this tract already has (19) existing total licenses. We believe an increase in one more license for off -sale distilled spirits is unnecessary and thus, is not needed for public convenience and necessity. NAME: \'6\ �`�,i� �� QSLO ADDRESS G C' S CITY 7t; V1 .i Ie(3() � STATE C'4 ZIP CODE U-t SIGNATURE f tiUit t NAME: c) , (%-/fk t- ADDRESS 2 5 ( " CITY /Uai-a 41(� �� +� STATE Ce"LIP CODE nT q S 0 SIGNAL -LIRE NAME: 1144[Xt,k 4�� Z ADDRESS Z 1 j% ') n ti e CITY e - (Y STATE C ZIP CODE ?/% 5 a SIGNATURE F" (-7:t - ,�rzni NAMME: A DDRES S CITY STATE ZIP CODE SIGNATURE NAME: ADDRESS CITY STATE ZIPCODE SIGNATURE PLEASE RETURN ALL SIGNATURE FORMS TO: Arthur Michener This information will be used only for purposes of these efforts. 40 Declaration de Apoyo Como residences y dnenos de negocios en National City nos Ilena de orgullo tener una ciudad segura, amigable, oricntada y enfocada en el barrio en unidad comunitaria y creemos que por Ia incrementacion rapida de licorerias, especialmente licores fuertes Ilamados "Spirits" pone en riesgo la salad mental, la seguridad y el bienestar de los ciudadanos de edad adulta y los residentes en general. Debido a recientes estudios que muestran un incremento de incidences violentos con cada nueva licencia expedida y otorgada, nosotros los firmantes, demandamos su apoyo y su esfuerzo para proteger a nuestros niiios, familias y residentes de edad adulta para preservar la calidad de vida de la ciudad de National City. Especificamente requerimos que se considere seriamente El RECHAZO a la peticion de Walmart de extender Ia licencia existente y que evite vender alcohol mas fuerte. Por favor notese que de acuerdo al Departamento de Control de Bebidas Alcoholicas, en el area del Censo 117, (Que es el area alrededor de Ia tienda Walmart) indica solo 12 Iicencias de yenta de alcohol permitidas, y en la actualidad existen 19 Iicencias. Creemos que el incremento de una mas de alcohol destilado "spirit" es innesesaria, y por to tanto: NO ES CONVENIENTE NI DE NECESIDAD PUBLICA. Nombre: ' ci, Direction: Ciudad a Estado: Zip: Firma: Y, ,,, L � j• Nombre: Ciudad Estado: Firma: J ; L �Zi i 7 Nombre: li,eli4-,c 2,rj /. y% Direction: !r' -`! ! T Ciudad:/?!(.4 ( Estado: c4 Firma:/ Nombre- Direccion: Estado: Firma: i 1 Zip: / l/1f j Nombre: ;.�,i-Lr,.,, 7%/7 -- „`-, Direccion: /.3l 1;c Ciudad %- r iG r Estado: % I 72 Zip: / T�Q Firma: c rt 1Nombre: ��/ ? .5, ) Direccion: f i � ?; UP Zip: i/7 Ciudad:' / ,,i,(_,;i, _—t 1 ' Estado: Zil9' /' p: i r Firnay I.t-/ i' ( ( �(/(i'fJL,_ POR FAVOR RECRESE TODAS LAS FORMAS CON FIRMAS A: Arthur Michener Esta information sera usada solo con el proposito de apoyar el esfuerzo. 41 Declaracion de Apoyo Como residentes y duenos de negocios en National City nos Ilena de orgullo tener una ciudad segura, amigable, orientada y enfocada en el barrio en unidad comunitaria y creemos que por la incrementacion rapida de Iicorerias, especialmente licores fuertes Itamados "Spirits" pone en riesgo la salad mental, la seguridad v el bienestar de los ciudadanos de edad adulta y los residentes en general. Debido a recientes estudios que muestran un incremento de incidentes violeutos con cada nueva licencia expedida y otorgada, nosotros los firmautes, demandamos su apoyo y su esfuerto para proteger a nuestros nii os, familias y residentes de edad adulta para preservar la calidad de vida de la ciudad de National City. Especificamente requerimos que se considere seriamente El RECHAZO a la petition de Walmart de extender la licencia existente y que evite vender alcohol mas fuerte. Por favor notese que de acuerdo al Departamento de Control de Bebidas Alcoholic -as, en el area del Censo 117, (Que es el area alrededor de la tienda Walmart) iudica solo 12 licencias de yenta de alcohol permitidas, y en la actualidad existen 19 licencias. Creemos que el incremento de una mas de alcohol destilado "spirit" es innescsaria, y por to (auto: NO ES CONVENIENTE NI DE NECESIDAD PUBLICA. Nombre: Direccion: (ZL ,1'y(26��A (/2L c ( o Ciudad \iO,, h-bPcJ Estado: L i/1 lip: 62\ lc Firma: Nombre: 1/11 G L,(_ Direccion: i Ciudad: Estado: Q(- Zip: /f/I1(/ ZGl I)61, Firma: Nombre: Ciudad 57 c Un Estado: Firma: Zip: Nombre: 1, 7,,% ,,_ / Direccion: tei Ciudad /7e, Nombre: Direccion: Estado: 1-03 i L Zip: i Firma: Nombre:( / ) Direccion: / jd,`I e rl�� Ciudad: �c� i0 1 Ca ft Estado: Firma: Cfa I'OR FAVOR REGRESE TODAS LAS FORMAS CON FIRNIAS A: Arthur Michener Esta information sera usada solo con el proposito de apoyar el esfuerzo. Zip: 42 Estado: (',A- Firm a:Cci_9i F (6rag Nombre: �sr Ciudad�� Estado: C Declaration de Apoyo Como residentes y duenos de negocios en National City nos Ilena de orgullo tener una ciudad segura, amigable, orientada y enfocada en el barrio en unidad cornunitaria y creemos que por la incrementacion rapida de licorerias, especialmente licores fucrtes Ilamados "Spirits" pone en riesgo la salud mental, la seguridad y el bienestar de los ciudadanos de edad adulta y los residences en general. Debido a recientes estudios que muestran un incremento de incidentes violentos con cada nueva liceneia expedida y otorgada, nosotros los firmantes, demandamos su apoyo y su esfuerzo para proteger a nuestros Winos, farnilias y residentes de edad adulta para preservar la calidad de vida de la ciudad de National City. Especificamente requerimos que se considere seriamenfe El RECHAZO a la peticion de Walmart de extender la liceneia existente y que evite vender alcohol mas fuerte. Por favor notese que de aeuerdo al Departamento de Control de Bebidas Alcoholicas, en el area del Censo 117, (Que es el area alrededor de Ia tienda Walmart) indica solo 12 licencias de yenta de alcohol permitidas, y en Ia actualidad existen 19 licencias. Creemos que el incremento de una mas de alcohol destilado "spirit" es innesesaria, y por Io tanto: NO ES CONVENIENTE NI DE NECESIDAD PUBLICA. Nombre: ! IQ(i_ � Nombre: },_ Direccion: 1 V/I (_' Direccion: Ciudad (,to,t-L\_.t, Ciudad: Estado: Firma: Zip: C rl Zip: d_Csu r ( i Nombre: ' .! laL f_ 1��„( C.LI Direccion: Zip: �') \ C ij 0 Estado: Firma: _ ���cz Firma: Zip: Nombre: t 11 ) �G (f�r Wei j G Nombre: Direccion: 1 1 2 (_ A Ve 0 1/,p Direccion: Ciudad CA [ 1 QV/ �r / C �, }-t( Ciudad: Estado: (ii 1 j LI ''? \ 9 1 G[,5-VEstado: Zip: Firma: Firma: POR FAVOR REGRESE "CODAS LAS FORMAS CON FIRMAS A: Arthur Michener Esta information sera usada solo con el proposito de apoyar el esfuerzo. 43 UL( 2/) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2012 AGENDA ITEM NO. 15 1 EM TITLE: Resolution taking action on 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 DEPARTMENT: Plaa••:., PHONE: 336-4313 APPROVED BY: -it, EXPLANATION: The City Council conducted a hearing on this item at the April 17, 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: >olution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 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. WHEREAS, the Planning Commission 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 and March 5, 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. 2011-29 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 addition of liquor sales to an existing beer and wine license at Wal-Mart, located at 1100 Highland Avenue, by a vote of 5 to 2 in favor of approval; and WHEREAS, a Notice of Determination was before the City Council on March 20, 2012, and a public hearing was set for April 17, 2012; and WHEREAS, the City Council considered a Conditional Use Permit for the addition of liquor sales to an existing beer and wine license at Wal-Mart at a duly advertised public hearing held on April 17, 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. 2011-29 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 April 17, 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 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 Resolution No. 2012 — April 17, 2012 Page Two 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. 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 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 February 22, 2012. 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 Community Development 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 to the San Diego County Clerk. Checks shall be made payable to the County Clerk, and submitted to the National City Planning Department. 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. Resolution No. 2012 — April 17, 2012 Page Three 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. This Conditional Use Permit may be revoked if the operator is found to be in violation of the Conditions of Approval. 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-ounce cans per sale. There shall be no sale of single cans or bottles. 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 February 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 inches 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 — April 17, 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 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 10:00 p.m. and 8:00 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. Resolution No. 2012 — April 17, 2012 Page Five 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 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 17th day of April, 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: April 17, 2012 AGENDA ITEM NO. 16 ECM TITLE: Time Extension Request —Conditional Use Permit for a wireless communication facility at 2005 Highland Avenue. (Applicant AT&T) (Case File 2011-06 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: PHONE: 336-4313 APPROVED BY: FEXPLANATION: The approved project is for the installation of twelve panel antennas on a new 43-foot tall faux palm tree on the northeast corner of the subject property. An existing trash enclosure would be removed and replaced to accommodate the installation. The associated equipment would be located within the office building located on the property. No landscaping or parking areas would be removed. Additional live palm trees would be installed to screen the faux palm tree. The project has not been built and no plans have been submitted for review or approval. City Council approved the Conditional Use Permit on May 17, 2011.The permit is due to expire; therefore, the applicant is requesting a one year extension. The Land Use Code allows for extensions to Conditional Use Permits for no more than one year at a time. For the first extension, no public hearing is required_ FINANCIAL STATEMENT: ACCOUNT No. ENVIRONMENTAL REVIEW: N/A) ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: [ Finance MIS STAFF RECOMMENDATION: Staff recommends that the expiration date for 2010-31 CUP be extended by one year to May 17, 2013. BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: City Council Resolution No. 2011-102 Location Map Photo Simulation and Project Plans WEI 0 \ _ East 19th St 1912 1917 RM-2-PD _ 2005 RM-1-PD Highland Ave 1940 2004 1907 1919 1910 RM-1-PD 1916 1941 1928 M East 20st St 2005 1917 RS=3-PD 2004 2018 N 2027 1 1 823 204 2030 2035 1 CG East 21 st St 2100 ro 2111 2104 2120 1 1 1 1 J 1 2007 2015 2025 2031 911 Subject Parcel Zone Boundary 1 lJ I Feet 0 75 150 300 APN: 61-871-01 Planning Commission Location Map 2010-31 CUP 1 7d 51 RESOLUTION NO. 2011 — 102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 2005 HIGHLAND AVENUE CASE FILE NO. 2010-31 CUP WHEREAS, the City Council considered a Conditional Use Permit for a wireless communications facility at 2005 Highland Avenue (APN 561-271-01) at a duly advertised public hearing held on May 3, 2011, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2010-31 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 May 3, 2011, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed antennas would be incorporated into a mono -palm, and the associated equipment would be inside an existing structure, thus not affecting parking or access. 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 unstaffed wireless communications facility requires only one to two trips each month for routine maintenance, which can easily be accommodated by the adjacent streets. 3_ That the proposed use would not have an adverse effect upon adjacent or abutting properties, since antennas and associated equipment would be housed on a mono -palm approximately 35 feet above the ground, located at the rear of the site, and additional landscaping would be added to blend the mono -palm with the character of the surrounding community. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it would improve the performance of the wireless network, resulting in enhanced service for National City customers. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: GENERAL 1. The Conditional Use Permit authorizes a wireless communications facility at 2005 Highland Avenue, National City. Except as required by the Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit "C", Case File No. 2010-31 CUP, dated February 17, 2011. Any additional antennas must substantially conform to the design for installation shown on these plans. 2 Resolution No. 2011 — 102 May 17, 2011 Page Two 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 Development Services Department ("Planning Division"). 3. The 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 Section 18.116.190 of the National City Municipal Code. 4. The permit shall expire if the use authorized by this Resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the National City Land Use Code, if discontinued for any lesser period of time. 5. Before the Conditional Use Permit shall become effective, both the applicant and the property owner shall sign and have notarized an Acceptance Form, which shall be 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 the conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. BUILDING 1. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. 2. Prior to any digging activities, call 1-800-227-2600 (Underground Service Alert) for the mark out of utilities. 3. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 4. Exterior walls of accessible poles/walls to a height of not Tess than six feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. FIRE The project shall be built in compliance with the 2010 edition of the California Fire Code and the 2010 edition of the National Fire Protection Association ("NFPA"). • 3 Resolution No. 2011 — 102 May 17, 2011 Page Three 2. A rough inspection of all work is required prior to closure of walls and/or ceilings. All rough work shall be visible at time of inspection. 3. Any request for inspection shall be made at least 48 hours in advance. Inspection shall be made once work is complete, using approved and stamped plans. The contractor shall have all approved plans on site. 4. During construction, the project shall strictly follow Chapter 14 of the California Fire Code, "Fire Safety During Construction, Alteration or Demolition of a Building". 5. All emergency/hazard signage shall be installed as required by the applicable fire codes. PLANNING 1. All appropriate and required local, state, and/or federal permits must be obtained prior to operation of the wireless communications facility. 2. Building plans shall indicate that all antennas, equipment, wiring, conduit or any other exposed equipment shall be painted to match the color of the surface upon which it is installed (e.g., building face, wall, roof, etc.) to the satisfaction of the Planning Division. 3. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user_ This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 4. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned or become obsolete within six (6) months of discontinuance. 5. A detailed landscape and automatic, below grade irrigation plan, including plant species, size of plant materials, methods of planting, etc., shall be submitted for review and approval by the Planning Division prior to issuance of building permits. The landscape plan shall include a minimum of three (3) live palm trees (Mexican fan palm) with a minimum brown trunk height of 26 feet. The required palm trees shall be maintained in good health and appearance for the life of the approved wireless facility. 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. -- Signature Page to Follow -- 4 Resolution No. 2011 — 102 May 17, 2011 Page Four PASSED and ADOPTED this 17th day of May, ATTEST: Michael R. Dal City Clerk PROVED AS TO FORM: udia G. Sil ity Attorney on Morrison, Mayor 5 Passed and adopted by the Council of the City of National City, California, on May 17, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-102 of the City of National City, California, passed and adopted by the Council of said City on May 17, 2011. t‘ th J) (% City Clerk of the City o National City, California By: Deputy 6 SD0500 Highland Office Building 2005 Highland Ave. Suite 12 National City, CA 91950 PROPOSED 7 �..... a.aa. cvtap. ONL TOLL FREE 14.227•110 •,LMa, IF MOM•O aO$iM4 *& Lf , wavwcwO svr.ca+ivn ««u«.a at&t S D0500 HIGHLAND OFFICE BUILDING 2005 HIGHLAND AVE. SUITE 12 NATIONAL CITY, CA 91950 APPROVALS .e rata...n..an,'!:.ec u.eae Aro.LC-..r r :K oena¢vrs. a.mmwc n.: AOCO4.WCryi renxce L-L:004......Waaall tu.cvLA u L Uaa...1. art v. n2..r avvle a L. a a.reaet aaao.v ve4i.4� L. !Loa: (rvyii W Cwl•. F.13. C. e art..cG.urtn Laa W :m 0 .ER 4A,C o,.1E. •n,Auvnacx pArC' RF INFORMATION GSM U MIS Tx f• -nu 992 3. •WU Wig e,,.s • mz YIO[ .N4.ail MN Rx aw.* at5 -N3a Vq In•n•.nre. Ow mn•MY uia atl6•ifned M.. MAX ERP: TO M*0483ar.3 1900 MYc NawAI 14 f$ Sur DRAWING INDEX DIRECTIONS PROJECT DESCRIPTION LEGAL DESCRIPTION TITLE SHEET OVERALL SITE PLAN A-2 ENLARGED EQUIPMENT & ANTENNA PLAN A•3 SOUTH & WEST ELEVATIONS .nnMc rW Alir.flaOiaw R9V:Cs iAO� M.iir i. M(F4000444 ..W.RO T4W8 Y(fyM C♦Mtl.rµ 1.:70 V51CULYA,..rrrLYO N311 NNOVPL u.. 9wo ao.79M909,9 am•A0.r.ca..AVC.MSM.a08S3. 0 a0•40.o.C..M.. 11,...eMn o'«. gOL,UAVJUE NNM.0.m AVEwL T:MV.p.. At HOW. 01,1RNCnraYNllN4.NBLKwIQM TY. a nMb.M :erOa <�avu.cA..W ..nm.... mat mil LS..a ...,.a(NO A urw l.a aarv.nrr.ls �w arr o.wwwM M.iui.a.. .Mrw In0M4Iu M.aLLpr AIN T00,,•9. Au. L., ftMW RLLryORpI• y1Wla 11XCPM.a .wa.vmuAle tola l,a algal U ij er../.9OCT w•Rxl rat MINE �a N.1r.V[CT WI.1v«rx Mat. rnxau..a..r...zuuorowr,.aa•w al.n®M44E OTC. 4• u.tew.rvaa .oe. er w. C.00 CVMa aAIWiA1.W A4 NORTH & EAST ELEVATIONS VICINITY MAP PROJECT INFORMATION A.& DETAILS. EQUIPMENT DIMENSION CONTROL & DEMOLITION PLAN TOPOGRAPHIC SURVEY FEE \W10.8L ESS San A VNNM e1.000 11 vase 12126 CA.LayAO. CA aoo4. atslt 2729 P*O$0007 PA. 02210 RAIICNO CORDOVA, CA WINO S00500 HIGHLAND OFFICE BLDG. 2005 WONLAND AVE. SURE 12 NATIONAL DT', CA 91950 Ian 40.1.E Mq KW.pAVL WI(V aL.1“ . YY MN'Y Wiglu tlrv. e/.MM t01GIMiDYOm 11.Y' >PI• n;un::.sa n...«r. al..r.«.. O.oMa[w.ro• A.c..mmu MM1MMR ......12.I4 1.•.Ian..ri M.Wdq.CR ea) 3I10M....0: 1.0 M4aMA„f,NN•a. ....i...L ..0.e a MaNul• YM1.wC E..C•.M! .....STX..L .• MR KNV..W0.r., 1...ALL Ka aale06 W.AIt0f N.A aa.W. .4, [ eI'w1 Ia..r.aaw.rMn PO .12.404Y t.M[.IIK. oak: Pa4P ar.V'A . ..1.1.....111.14.1.1. rMWI.S II. T.c0MWCa..4MMv OLP W.. cwm.xm11 a... arairwalaz ww•.s APPLICABLE CODES AND STANDARDS w MVul&JOYn1EMday.uet.w•OW ®MG WarAlty /f.J'IM..,..aawwi 'JAIMAa.LCIT4 W.R. ,i LtGt4VaWiAV. CRfl&mVyiMCtq(aT{YNW ai NY00p0W0 •a.W,waO WfaPoWMi taiva Lama o:v[WL.Wi O'C4 0 .00V00.16, L.DCW an W1.OaW mar L]F8W/C0W.321cet CD_ 4NM 411174 3 IMP'CL] 1IF0 WY.M.l laaaLl Ip.vCWXlllgry. Mi i.]MOC4lItl.w4aY.f C.G PROJECT TEAM INFORMATION Lors , maaevx AA= •3 La rwaann..a ..cwa0s.0v0 .....mu Le. r4N0d.a. CI.MVII 04 4..... 10.4.1163 071074 M4 TRL9 .N2AT au.. •.m.u..••• T•1 HIGljLAND AVENUE OVERALL SITE PLAN 3•61 ♦VRNIDA ENGNAD WPM 142E wSD, eA ANNA LM� m.� 'Jb1MLV9 'JInN1912e.ux Y '... .... •AM9n LJNGvbv \Y F 8 P'Mm'9. M:eW ui W lii�w,L�O 1nM la'ed WALL WLCw I[tµ TMLt Ab19GIWi .wIa.ANi *JC10.9a4/111. iL�'9W�..W le 11711 PAPS PACT PARA PRAM RANCNO CORDOVA, CA ALET0 EAST 20TH STREET MN / A:RN561.27r,r A.,1131,271-OI 1 SD0500 HIGHLAND OFFICE BLDG. 2005 HIGHLAND AVE. SURE 12 NATIONAL CITY, CA 91950 ti or (9u. IaAM �.9 � r.00Nnun mnn� eeLesnn I ta"p.WRee .333333� .mnwl.n P9u9r. .tlR ZONAL 16 WolAbte 77' IN �b'Nf'•.P9.61191URPye p 0' S' i0' NALea RMt la`. .vef.., 1 OVERALL RITE PLAN A.1 Nn- . 6.00•001T P2 CC61LY.Vi➢IA61.0 CM11 INW 4NDlMV.0050.Vvy rr pawti'JF.IRW tle `aaC1Ni 4vkw.u�wr rpv9YDM1/a 74:1 v=""`� OtlWW ILii.vMr \` .bisD 'CIO MM'4eiT 1ltiwtl"-�; LlICl9tmA/KL4. .Ao.olnItlAl.Iq —A 9atmelee nua IIeP..crr�wn alwo mite man. M.. w [g4F1 .9I11<W Mtn (MS ..mos. Om..Au gee lmen9 21.iN F�Wn �NbWCa IC.e p.M41pgIFun YO 11,190:2 MOLL NNK4ua MINIM 4,101 diM Conga rlwl9 A\nl1“,110 -/ amoompre nAw miura •re r L J o9aoemu... Nimam .rr Tl 4GfK1I9Y TaV\WW 1MdPY1 �lrw.rtDMe AIOORIi MI.u9ovlRlelmm j lM4! I19.96®A0L149!]I!M 0.(1TK 01 Ir' trot. p9 MEW COA.11.0. 1.140P01401I. /O Yuu IM9.l9nncW1 Elam 9A0.0 NOMAeO A/n eon num an YOY1.110 140101121.rM W1. IIIW 14IR. eo R..n 4/nh!!� AY VF.NN rO.W 9 0vin4[0MC6CR 0.4 CMMDM CMAIC Ala IWIMQi6A9 WDYNW 1t 01l96ta WUdA w0F1 AwN FM. MI 141 .oa 1.14. IP wrww m•Ow 01 "AP IIl YMw •MIN.. .....w m..nw Iw w m N. u.reM w.n.aa N�sl4wnm n-1e1�.n�.r1 1§NN1cn 1§».rl 1•, M1n...rm�u� Manx., ewe mnmoce ! ®IYL WON IACl V1\YmW moms.elWao.euamt W., fM ▪ .mnole. =cram.A[YMA ▪ MUM 1.w..0 I.�AUT ENLARGED EQUIPMENT ROOM PLAN (1ST FLOOR) 2 ENLARGED ANTENNA PLAN ICAL11 s+' .>I..LI ptl P • P O 1 leaf AV IIIDA SEE ili5 CASUIST AICI4aD sum RE 5 \ZI A C LISS Mwa *F]DOe ats&t 2710 F009YE[T PARS DPW LOW., CO PDOVA, C1*BM SD0500 HIGHLAND OFFICE BLDG. 2005 HIGHLAND AVE. SURE 92 NATIONAL CITY, CA 91950 00,07.0 1141.18),0 00.14.14 ,9 We2WA temba 0.01 41Q. fens WlAMO E0 OOUen0ENT A ANTENNA PLAN W.. FVFOA A-2 J SOUTH ELEVATION is.....1110 t‘ .41144 1.900,14111.01n• 4.4011,1•41.0111.....c. 4...e 1.14.1.171•14huL, KORA etKIWAL wcra A AM I I natookte wry, karrao. 0',..1.1.411.1 MI CrOriA C• rt" -1...01•DAraiSCRIPAINF ••••••• 16•1106abable 4 :r;.7.4..1"^-°"""^—• nu...12.anut 4 Pokbpaleil•ATAI,Frea. 211•LT00. la rel. 48.4,4[14 • • •• • ••• •• • • ,. • '••-••••••'' er'"X Mia ....a.G.M120. .. 0,(....., P....4 !Keen. C.0011nasiol milni•O•M \ 1W I. MillieloNdiltlenk ,,,,,,................" • .• i opanyen Kam% waly "4.041,1,N. WEST ELEVATION Ms AVM. MON. WPC 1420 ...RAO, CA latErw at8it 2721 EROSPICT PARR DRY! SAMCOIC cORSCIVA, CA 091170 SD0500 HIGHLAND OFFICE BLDG. 2005 HIGHLAND AVE. SUITE 12 NATIONAL CITY. CA 21950 .111•10,,* •NA3.0.4. Mkt. Dt..01,114 YID •110,11,141 2 !GUTH 5 WEST ELEVATION* OM., WM!. A.1 • rsaa, 0/terera.p Am/ Auren641 "*"'"' • erne. lc M .1,...10.1 leM....,?1,0.5114•9141.1.0cLOR m<M•fal ocamurnaz. nuc. 5400.4 IlktuA 4 pa. T./..0.,R007P 0.11-ribin. Inn fr,.. '—'40.04 f•Or00, Arc, P.111.7RM /.0.11,01.204 „ [11,11.41 * VAC. iro an • NORTH ELEVATION 1 xal ADO,PCPSDIPu. 4 0151110 MACY) et. PO 1 ...P.M. 10 MST.. IXCI 1.1,101..1.1000.1 hrtr ncvam ROL . , r---1 7,777 40.70..1.WCW1,11.V5J YAM WM. 0,01,01,1 43,0 10.1.011110.0.46.11 N." ;.p /MOO.. •1 191 AVIV ..ned.1••4. 6.1.C.260 MIS cc. c.camomo • EAST ELEVATION 1.0. • vb. cam, 05 Ina. • 1,11,0,1 2 SEE MIR01.[Bil ‘••••• 11.1.474A SUITE 14211 C*SLPSAD. CA 11:700/ J•Daclaci. at&t IceCT .11•K 11.6,"IMIL0 CO CA •0410 SD0500 HIGHLAND OFFICE BLDG. 2005 ICM MIG-AAVE. SUITE 12 NATIONAL CITY, CA P1950 • Sv.M. leo, C.O. IL 11,412000 ,e0,120.0 OrtMIC %•111.141 oeccarTrs bela, 111M NORTH & EAST ELEVATIONS 114.1J11 AMMO Nm.1,c,C7. LC rtCY.v P•AOMONS yinR PiL..tlJ N:)eW.N.:,s 1MW lw Jr[Pp1,M LAi:vt 6M1 l IW.JIIJV rN.:ir1 PRJ.09[) WVJ71. Pmacerw Lawro ■ �� ..A41. 1,, InrN.IEoa,vwt BMLtr ITP1eJ � ANTENNA SPECIFICATIONS &GALE 1 ANTENNA MOUNTING BCAL! T 2 M'A[IM foil W . yt'r/. . 72 f11i1W .�WEr. W[c su. 8Wr9+11Yre ea.c,L, . YW � i fOdLLRp.t TA N.T I T'P! Fw CAN g.L CP.M[06+Mui0 U.. fip'Ci`.J 9ei ., IL^lOi� w Rxlrn.ym➢ Oj PRM. T,T R iCW�IIT+LmB11RA'ff 4 O�:.Lm, eAT..v.:u,.W""' OYvnl„im Y.,O. nx wr�w OI mRttS M[�RTMVwipiKµt5yC1 0 w ":::: W,T.x O..Qe12y1L v911M®MN1491. O.:ra= :arn'rc'm O x "MCY nm e1M�ne. e+J•v 40.3 EQUIPMENT DIMENSION CONTROL PLAN v1;4 T T. r4 {TN., — ..•.. -o1171 7 RRUS DETAIL '„ACM 3 9GLE b KTA 4, 11.114,..wlT,On011.7 .1.01.. [wwwo1 ,i.rnauwee, MSw.c.LPn 0,4 e.,J�.w w.u�cnl4eo W Y.M)i,R G&. soil ?no, 0 ve.rwl+-Ln..Pn w.u+er.uno,wv., n*4 0j v.n.l torso m nil v..n AND oil.. my WILL. ICa111Mu WG.p1LdN O �Pw[Po.[p YTRp.y.wYLwLL w,x A'nRY nil Mv,t.4y (rewroi oxn.A� 0 rmko ALL TOP .1v1VEowDAL@To.m. 0 GPS MOUNTING DETAIL &Ma AVEM[&A MOMAs SUM IA30 CALL&N0. CA SafIC! $GALE 1f 5 3 TMA SPECIFICATIONS atsLt 572* MWILCT PARL DSIV1 u5CM0 CDADDV A. CA DMID &CALL KTS. 6 DEMOLITION PLAN SD0500 HIGHLAND OFFICE BLDG. 2005 NIONLANO AVE. SURE 12 NATIONAL CRY, CA 81950 03/10),10 • 1.6 lAt 0011 C C�IYltd If�YI ITI IN•7.. rr.;;(IT.,n 8 DETAILS, CONOLILNI OEMENSION CONTROL a DEMOIJTION PLAN NNW, wulAv Ad J 10 l LJX1 VS1 tlRXM L31, A3ASOS J IHOK)0,1Ci no II. Atn^QJ 0010 n,5 0S6 .6 0) •1U8 T6NOiIO1 1.1m. INYSIOIN Sd02 OHIO1Ine 3J1.:3C 0341,11A01H OOSOOS .31Krli ioe `no., • D 3,9✓On. Y♦ .6.1101.1 NI C*IIMAtl61S_ HcUAlW, W aMVe. :AA 63)0)13 .1,10 'M u0roee Y us NO 0100 MK'MLf nrna MC. AiM3uMx aa{. csl130IM •IL6 OJ' ➢0 MS 61� *101 3.3 FiCtS 6l 107 9) 107 0L 107 w AaAu sal v 11. .MN.OIIyYN I- Pad A MOSW pua6a7 D j° • � I I ka- 9 101 S 1a.e..7 o.ew� I A 1'107 • • ' a f 107 j % D • !Sri 'Oh' dYYI 93 )03079 a ° • ° a 107 D n.cw• c non, a aitifc a 333A 0' 6 MY= 3111311,ll5 ONV1NOIN ASNnS )o oleo sou1eag 30 sIseg aJma�U.ur U.ger. �Y1O.rYie..�..i�. i.r .�uwNu � a vuei r..ae.•emre wµ 10uow pas67damd 3e saleulplooD oryde.r6oaj ewe aseal SIUawase3 •SoN lap)cd s; ossaSSv .aw ou. ... ii F.rv>IUV i...OM 'K1pWl, uolldlosaC le607 dew NIUPtA l+odao 910LL i 107' 8 'OP P•Plavor—se 19384$ vl0r CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2012' AGENDA ITEM NO. TEM TITLE: A Request to Initiate a Street Vacation to vacate a portion of G Avenue south of East 24th Street west of Skate San Diego (Applicant: Michelle Snyder — Imperial Group.) (Case File No. 2012-07 SC). PREPARED BY: Martin Reeder, AICPDEPARTMENT: Planning PHONE: 619-336-4313 APPROVED EXPLANATION: The proposed street vacation is in conjunction with a potential remodel and expansion of the former Skate San Diego Building located on East 24th Street west of Highland Avenue. The site is being looked at as the site of a new Social Security Office. G Avenue runs south from 24th Street between the subject building and an apartment complex to the west. The area of G Avenue to be vacated is approximately 565 feet long and between 30 and 40 feet wide. The southern 325 feet of G Avenue is occupied by part of the Olivewood School campus. The northerly 240 feet has not been used as a public street for some time, functioning mostly as access to the apartment complex parking lot and for overflow parking for visitors or Skate San Diego patrons. All emergency access would continue to be provided. The City's Street Vacation Procedures adopted in January 2006 require that the City Council initiate a request to acate any public streets. A complete report will be presented to the Council at the scheduled hearing along with recommendation by the Planning Commission. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends the Council initiate a Street Vacation to vacate the portion of G Avenue south of 24th Street. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Application 2. Overhead photo 3. Parcel Map 4. Applicant's Plans PLANNING DIVISION 1243 NATIONAL CITY BOULEVARD NATIONAL CrrY, CA 91950 (619)366-43I0 planning@nationalcityca.gov STAFF ONLY Case Number tz o? S L Filing Fee $ I rO f O Receipt No Date Received 3 t z (l i. By Zoning Designation AWCI U.G New orModiication f42vj Related Cases .� Required IV O Fee kJ PT— DISCRETIONARY PERMIT APPLICATION Amendment Annexation Approval of Plans Certificate of Compliance Coastal Development Permit Code Amendment Conditional Use Permit Historic Site Designation Interpretation Initiation SUBJECT PROPERTY ADDRESS: Planned Development Permit Planned Unit Development Specific Plan Street/Alley Vacation Substantial Conformance Tentative Parcel Map Tentative Subdivision Map Time Extension Variance Zoning Mp Change 44" Address: 7 Do E. 2"/ Sf . I MI-roro 1 6 tL/�J APN: 5622-` 072. - 01 - OD APPLICANT: G A-ileriue— 561.-072-/O-DD Name: /telle V►AG(e (Please type or print)/ Address: Signature: ij4 I C di �- — Date: 7825 FQy Avenue /Sut/ - 25O / Aa.5l!at Ctt 92-D37 Phone No. 15g-V511-52� GD FaxNo.B 4/%*577 Email: miche,%te lhi erltJQtOtx 54 CDh'j PROPERTY OWNER(S) of all property included in this application: / �f l (Attached extra sheets if necessary). Name: rt a llt fl fl(Nj t r i 1 r lG Signature: l v r L f9 L 2 (Please/ ease ypbriri)tzik_Aailit rmt_ Address: /0 . Phone No. 6/1M .L/7" ( fj Fax No.. Email: Rqqq Qolr(vy/L seer Tru&-i 9fhiendrne/n f PROPERTY AND PROJECT DESCRIPTION 1. PROPERTY DESCRIPTION (fill in blanks) Existing Proposed No. of parcels 2. Z No. of units/suites / 1 Building/suite square footage 21. 0 DD. T /y, s/c0,, S F Parking spaces — covered D 0 Parking spaces — uncovered LcD - 2. PROJECT DESCRIPTION (ideas for description are bulleted below) • Purpose of request • List license/permits required • Number of bedrooms • Number of employees by governmental agencies • Building height ,3 • Hours of operation • Live entertainment / karaoke • Setbacks • Days of week open to public • Types of alcohol sold on site • Private open space per unit c J • Neighboring uses • Unit square footages • Common open space 1YaGahse, rp, mmq pDr/rz t of /inAde- 6 T , LPN: 510 2 - 072- ! - 0-0_ -Per ParkinMtq n sso r �� Q�LP S S A re ra7fl f n p4rf7nr) S&"eef ' ii ceh - � e PI-D pe r &-J 15 ! ,J s_ -- 'ram h e a er (binpt ex park VehriAs Discretionary Approval Applications Revised October 19, 2010 FIRST AMENDMENT TQ WINIFRED MARIE MORRIS TRUST Winifred Marie Morris Trustor of the Winifred Marie Morris Trust UDT June 11, 2001 pursuant to the provisions of Article 1.02 hereby amends her Trust as follows: Nancy Manning is hereby appointed as Co Trustee of her Trust of her Trust and as such shall have full power to act asd Trustee either in conjunction with Winifred Marie Morris or at her sole discretion. All other provisions of the Trust shall remain in full force and effect. Dated the 29th day of July 2004. WINIFRED MARIE MORRIS, TRUSTOR (.._-/f4 /7// L///GM- WINIFR ,D MARIE MORRIS TRUSTEE I accept the above designation as Co/Trustee Dated July 29, 2004 Approved: NANC-(1,4(1-1, klitt,/q -MANJ),ING OHN GEORGE RONIS Attorney at Law 3 The foregoing First Amendment to the Winifred Marie Morris Trust was signed in our presence by WINIFRED MARIE MORRIS, as Trustor of the WINIFRED MARIE MORRIS REVOCABLE DECLARATION OF TRUST dated June 11, 2001. We sign as witnesses at her request, in her presence, and in the presence of each other. At the time she signed this Declaration of Trust, she appeared to be of sound and disposing mind and memory and not acting under duress, menace fraud or undue influence of any person JOHN GEORGE RONIS July 29, 2004 July 29, 2004 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) Residing at 105 West F Street, 1t306 San Diego, CA 92101 Residing at 105 West F Street San Diego, CA 92101 • nr NANCY MAI4NINd On July 29, 2004, before me, Rebecca V. Abrego, Notary Public, personally appeared Winifred Marie Morns and Nancy Manning, proved to me on the basis of satisfactory evidence, to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official scat. ebecca . Abrego, Not... 'ublic !lENECCA Y r Carnmwton 014/6200 NotayPublic -Cc onla Ilan Pogo CM* My Comm, Exph May 7,2007 4 0 e 2614 ST 4. 0 .09 r 2 414. 2 3 4 a VIA To V ALA--r 1' 1 1 L 7 10 t I I I i0 9 6 .5 d /1,11 I "T TT T a TT T"1 . I I [214o. "tII (071) 04 44 5.48 AC OLIVEWOOD ELEMENTARY SCHOO:. QSEC. 152 POR 10 AC. LOT 15 .......... I .. • 1 Al VEGO CONN, 9 NSSESSONti ate BOOK 367 PAGE .07 0014.1 k '0 •, . BT, OP. 4/Q-51). I 11 I 11— 1,0 9 6 7 61 6 4 6 1 , J. i J. r T r7 f7T-t: FO /.4 II /0 9 204 • CD r I I tt 072 ii P'T 7 7- 7 "T .. LOT 15 OSEC152. 111'1 H 11 1 1 LIJ1 iC.,19 81:1:621.414 4.211 1 0 ALLeYEILK, 4 CLOD. 1 34,1 .1. '.r.HIIIIIH'&: ;',[-i'll-12 137-141-151-16T171-1871 9724"o [ ... .,,, • 4 c 5 .67 HIGHLAND SCALE IN 1/10 OF AN INCH ler MAP 166 — RHO OE LA NAC13N MAP 44 — FLORA M MBALLS SUE RCS. 3495 562-07. e 3— /GP— f32. CHA S 119LX OLD OM 2 V 7./ / tt,,t B4'91 P -0 7 12 CUT 07 44, 2,46- g 707, E 24TH STREET wJI MJ A ," A CEN T APARTMENT MXC-1 A MXC-2 ' PARKING REQUIREMENTS FIRST 6.000sF 1 2000F 25 SPACES 10,00008 1 2505F 20 SPACES 10.000 20,0005F 1 300SP 0,000 GSF1300 f SFACES TOTAL REQUIRED PARKING 58 SPACES TOTAL PARKING PROVIDED 60 SPACES 12' z 50' LOADING ZONE REQUIRED ZONING _ )0.37 PAIXAG MXc.• 50 GENERAL INFORMATION: PROJECT DESCRIPTION 14.000 GSF OFF,".:E SUILflING 13.500 RS. OFFIGE Hi IILDING PROJECT LocATION 700 EAST 24TH STREET NATIONAL CI-Y, CALIFORNIA EXISTING PARCE', NUMBER 562.072-01-00 RESTROOM Lttl CORE OFFICE BUILDING 14,492 GSF RESTROOM CORE EMPLOYE E ENTRY 25.-0" ADJACENT API:? 70.IF N A C.," A CP.,' T API.? alEN 7 1 70 SITE PLAN 03.09.2E12 EXHIBIT A. CASE 1LE NO. 2012-07 CLIP DATE: 3/2212012 C ITEM #18 4/17/12 CLOSED SESSION REPORT CITY ATTORNEY)