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HomeMy WebLinkAbout2012 05-01 CC HA AGENDA PKTAgenda 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 — May 1, 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 audibfonos estan disponibles en el pasillo al principio de la junta. Council Requests That AU Cell Phones And Pagers Be Turned Off During City Council Meetings National City City Council /Community Development Commission/Housing Authority 05/01/12 - Page 2 CITY COUNCIL PRESENTATIONS 1. U.S. Flag Presentation (Police) 2. San Diego One Site Vision Clinic Sponsors (Council Initiated) PROCLAMATIONS 3. Proclaiming May 1st through May 6th 2012 as "YOUTH WEEK" 4. Proclaiming May 3, 2012 as: "NATIONAL DAY OF PRAYER" 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 meeting of April 17, 1012. (City Clerk) 6. Resolution of the City Council of the City of National City accepting the work from Green Mechanical Inc. approving the final contract amount of $463,864, approving the release of retention and ratifying the filing of a Notice of Completion for the construction of the National City Chiller Replacement Project, Specification No.11-01. (Funded by U.S. Department of Energy Grant & Civic Center Refurbishing Fund). (Development Services/Engineering) National City City Council /Community Development Commission/Housing Authority 05/01/12 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City approving an Encroachment Permit and Agreement with Restructure Petroleum Marketing of California (RPMS-CA) for the installation of two (2) groundwater monitoring wells, one located at 1604 E. 4th Street at the parking lot of Granger Music Hall and the one well in the public right of way on Palm Avenue, 315 feet north of 4th Street. (Engineering) 8. Resolution of the City Council of the City of National City authorizing the temporary closure of 5th Street & D Avenue, 5th Street & C Avenue and 4th Street & D Avenue, one intersection at a time to provide for safe operations during construction for the public and for the contractor for construction of the Drainage Improvement Project, Specification 11-07. (Funded CDBG & Gas Tax) (Engineering) 9. Resolution of the City Council of the City of National City approving the use of Development Impact Fees (DIF) not to exceed the amount of $125,000.00 for the purchase and build out of four (4) Police motorcycles. (Police) 10. Resolution of the City Council of the City of National City authorizing the appropriation of Development Impact Fees in the amount of $125,000 to fund the Reserve Fire Engine Protective Shelter ($109,379.98) and a new fire hydrant on Division/Manila Way ($15,620.02). (Funded by Development Impact Fees) (Fire) 11. Resolution of the City Council of the City of National City authorizing the City Manager to enter into an Agreement with Nationwide Retirement Solutions for the establishment of a Deferred Compensation Plan for City of National City employees represented by the National City Firefighters' Association. (Administrative Services/Human Resources) 12. TEMPORARY USE PERMIT — Request from Granger Jr. High to use the City stage for the Granger Community Culture Fair on May 18, 2012. This is a co- sponsored event per Policy No. 804 eligible for a maximum of $1,000.00 fee waiver. (Neighborhood Services) National City City Council /Community Development Commission/Housing Authority 05/01/12 - Page 4 CONSENT CALENDAR (Cont.) 13. TEMPORARY USE PERMIT - St. Anthony of Padua Festival at 1816 Harding Avenue on May 26 through May 27, 2012 from 12 pm to 5 pm daily with no waivers of fees. (Neighborhood Services) 14. TEMPORARY USE PERMIT — Lions Club 68th Annual Independence Day Carnival sponsored by the National City Host Lions Club at Kimball Park from June 29, 2012 through July 4, 2012. This is a City co -sponsored event per Council Policy No. 804. (Neighborhood Services) 15. WARRANT REGISTER # 40 Warrant Register #40for the period of 03/28/12 through 04/04/12 in the amount of $1,964,052.43. (Finance) 16. WARRANT REGISTER # 41 Warrant Register #41 for the period of 04/05/12 through 04/10/12 in the amount of $481,205.17. (Finance) PUBLIC HEARING 17. Public Hearing No. 2 of 2 on the allocation of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program entitlement funds appropriated for 2012/2013, accrued program income, and funds remaining from completed projects to CDBG and HOME activities recommended for inclusion in the 2012/2013 Annual Action Plan submitted to the United States Department of Housing and Urban Development. (Administrative Services/Housing and Grants) **Companion Item #18** National City City Council /Community Development Commission/Housing Authority 05/01/12 - Page 5 NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National City authorizing the allocation of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program entitlement funds appropriated for 2012/2013, accrued program income, and funds remaining from completed projects to CDBG and HOME activities recommended for inclusion in the 2012/2013 Annual Action Plan and authorizing the submission of said Plan to the United States Department of Housing and Urban Development. (Administrative Services/Housing and Grants) **Companion Item #17** 19. Resolution of the City Council of the City of National City taking action on a Conditional Use Permit for the addition of beer sales to an existing wine CUP at Wal-Mart located at 1100 Highland Avenue. (Applicant: WaI-Mart Stores, Inc.) (Case File 2011-29 CUP) (Development Services/Planning) 20. Resolution of the City Council of the City of National City authorizing the development of necessary documents to refinance City of National City outstanding General Obligation Bonds, Election of 2002, Series A for the purpose of redeeming all bonds, pay transaction costs related to and to lower the current tax assessment to property owners within the City of National City, and approving its existing Financial Advisor Urban Futures, Estrada Hinojosa as Underwriter, and Jones Hall as Bond / Disclosure Counsel to provide services necessary to complete this task. (City Manager) NEW BUSINESS 21. Authorization of the City Council of the City of National City for the issuance of a Request for Proposals for payroll/human resources information systems services including full automation of payroll processing. (Administrative Services) 22. Request to use Martin Luther King Jr. Community Center (North and South rooms) by National City Chamber of Commerce for the "Salute to Navy" luncheon on Wednesday, October 3, 2012 from 8:00 am to 3:00 pm. This event is co -sponsored by the City. (Public Works) National City City Council /Community Development Commission/Housing Authority 05/01/12 - Page 6 NEW BUSINESS (Cont.) 23. Notice of Decision — Planning Commission approval of a Conditional Use Permit modification for a shopping center located at 910-936 Highland Avenue. (Applicant: Studio C Architects — Mark Swenson) (Case File 2012-08 CUP) (Planning) 24. Request to schedule a Fiscal Year 2012/2013 Budget Workshop. (City Manager) COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY No Agenda Items STAFF REPORTS 25. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL 26. Request that the City participate as a co-sponsor of the Solarthon 2012 event in National City on June 9, 2012. This event is designed to inform homeowners in California of a program that may cover up to 100% of the installed cost of a high performance solar electric system for their homes. (Council Initiated) ADJOURNMENT Regular National City City Council/Community Development/Housing Authority of the City of National City — Tuesday — May 15, 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 ITEM #1 5/1 /12 U.S. FLAG PRESENTATION (POLICE) ITEM #2 5/1/12 SAN DIEGO ONE SITE VISION CLINIC SPONSORS (COUNCIL INITIATED) ITEM #3 5/1/12 47.1 I 4,44'44, ;'144r4t14.4,4,14.49444.44:..hdd ITEM #4 5/1/12 ITEM #5 5/1/12 APPROVAL OF THE MINUTES OF THE REGULAR NATIONAL CITY CITY COUNCIL OF THE CITY OF NATIONAL CITY MEETING OF APRIL 17, 1012 (CITY CLERK) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 1;tay 1, 2012 AGENDA ITEM NO. 6 EM TITLE: A Resolution of the City Council of National City accepting the work from Green Mechanical Inc., approving the final contract amount of $ $463,864, approving the release of retention and ratify the filing of a Notice of Completion for the construction of the National City Chiller Replacement Project, Specification No 11-01. (Funded by U.S. Department of Energy Grant & Civic Center Refurbishing Fund)) PREPARED BY: Barby Tipton PHONE: EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS 189-409-500-598-1591 (Civic Center Refurbishing Fund) will be charged a tot I of $49,826 and 296- 409-500-598-1591 will be charged a total of $414,038 (DOE Grant) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Final Balance Worksheet 3. Final Summary 4. Notice of Completion 5. Resolution Explanation: National City Chiller Replacement Project, Specification 11-01, was completed on March 7, 2012. The bid amount was $414,038; however there was a typographical error and the award was approved for $415,038. This was corrected with a change order deducting $1,000 from the award. Additive Change Order Number One was added to the contract for $49,826. This change order included work needed on the Air side of the project such as required DDC Control points for the two new chilled water pumps VFD interface, software to modify pump operating schedule and to eliminate simultaneous running of pumps, and sensors, etc., but was not paid for out of the grant funding. The final contract price to date is adjusted to $463,864. As a result of the satisfactory completion of said project, retention payment is set for invoice processing and payment upon the receipt of required signatures and City Council's acceptance of this Final Contract Balance and ratification of the filed Notice of Completion. Staff recommends adoption of this Resolution. Page 1 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY GREEN MECHANICAL, INC., FOR THE TOTAL FINAL AMOUNT OF $463,864, RATIFYING THE NOTICE OF COMPLETION FILED WITH THE COUNTY RECORDER ON MARCH 7, 2012, AND AUTHORIZING THE RELEASE OF THE RETENTION IN THE AMOUNT OF $46,386.40 FOR THE NATIONAL CITY CHILLER REPLACEMENT PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Division of the Development Services Department that all work required to be done by Green Mechanical, Inc., for the total final amount of $463,864, for the National City Chiller Replacement Project has been completed, the City Council of National City hereby accepts said work, ratifies the Notice of Completion filed with the County Recorder on March 7, 2012, and orders that payment for said work be made in accordance with said contract, including release of the retention in the amount of $46,386.40. PASSED and ADOPTED this 1st day of May, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor FINAL CONTRACT BALANCE National City Chiller Replacement Project, Specification 11-01 April 3, 2012 Green Mechanical Contractors, Inc. ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION OF CHANGE: $415,038.00 (Resolution 2011-158) August 22, 2011 March 7, 2012 Completed by February 1, 2012 N/A N/A This change order is written to balance and finalize the amounts for said project Please see attached contract final balance sheet Changes: Change Order Number One was added to the contract for -$1,000 to correct typographical error in award amount. The actual award should have been $414,038. Additive Change Order Number One was added to the contract for $49,826. This change order included work needed on the Air side of the project such as required DDC Control points for the two new chilled water pumps VFD interface, software to modify pump operating schedule and to eliminate simultaneous running of pumps, and sensors, etc., CONTRACT ADJUSTMENT: As a result of the above change orders, the contract price is adjusted as follows: 1. The final contract price to date is adjusted to $463,864. 2. As a result of the satisfactory completion of said project, retention payment is set for invoice processing and payment upon the receipt of required signatures and City Council's acceptance of this Final Contract Balance and ratification of the filed Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the two new chillers and airside work including materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Green Mechanical Contractors will not be entitled to damages or additional payment for delays as described in the 2009 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 1 1 Chiller Replacement Project Contractor Green Mechanical NO. ITEM QTY UNIT UNIT PRICE AMOUNT 1 Mobilization LS $ 41,404.00 $ 41,404.00 2 Installation of new chiller plant 1 LS $ 372,634.00 $ 372,634.00 Total $ 414,038.00 Change Order 1 (Corrected award amount reflected above) Additive Change Order 1 (Charged to Civ Ctr Refurbishing Fund) Total Final Amount 49,826.00 $ 463,864.00 PLEASE COMPLETE TIIIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. ional City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 II D O C # 2012-0134283 1111 I 111II IIIII I111I 111111111111111111111 1111111 I111111111 MAR 07, 2012 3:22 PM OFFICIAL_ RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenbutg. Jt., COUNTY RECORDER FEES: 0.00 1385i PAGES 2 1111111IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIII IIIII IIII IIII _ (Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt from Recorder's fees pursuant to Government Code Section 27383) NOTICE OF COMPLETION: Chiller Replacement Project Specification No. 11-01 (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 3 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 13851 NOTICE IS HEREBY GIVEN of the completion on March 6, 2012, 2012 of the Chiller Replacement Project. Specification No. 11-01 Work of improvement or portion of work of improvement under construction or alteration. 1243 National City Blvd, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the properly pursuant to a contract with Green Mechanical Contractors Name. of Original Contractor The following work and material were supplied: Labor provided: General Laborer. Materials: Concrete, asphalt, irrigation supplies, traffic control supplies. Equipment: paving equipment. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: March 6, 2012; Joint tenants, tenants in common, or other owners Signature of -Owner City of National City, 1243 National City Blvd., National City, CA 91950 1, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on M� 2012, at, National City, California. Signature: _ RON MORRISON, MAYOR No,0QD5 4 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1, 2012 AGENDA ITEM NO. 7 EM TITLE: A resolution of the City Council of the City of National City approving an Encroachment Permit and Agreement with Restructure Petroleum Marketing of California (RPMS-CA) for the installation of two (2) groundwater monitoring wells one located at 1604 E. 4th Street at the parking lot of Granger Music Hall and one well in the public right of way on Palm Avenue 315 feet north of 4th Street. PREPARED BY: Mauro Nebreja PHONE: 336-4395 EXPLANATION: DEPARTMENT: Engineering APPROVED B On behalf of Restructure Petroleum Marketing Services of California (RPMS-CA), Innovative Environmental Solutions is proposing one (1) unit groundwater monitoring well at 1604 E. 4th Street, National City at the parking lot of Granger Music Hall and another one (1) unit in the public right of way on Palm Avenue approximately 316 feet north of 4th Street. An encroachment Permit and an Agreement were signed by Innovative Environmental Solutions on behalf of RPMS-CA, a fee was paid, and a notarize copy of the agreement was submitted with a liability insurance certificate and copies of applicable performance bonds. The documents were reviewed by the Legal Department and staff recommends that Council approve the Encroachment Permit and Agreement. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Zesolution odotarized Encroachment Permit and Agreement 3. Exhibit A 4.. Receipt of Fee Paid 4 . Faithful Performance Bonds 5. Insurance Certificate RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ENCROACHMENT PERMIT AND AGREEMENT WITH RESTRUCTURE PETROLEUM MARKETING SERVICES OF CALIFORNIA FOR THE INSTALLATION OF TWO GROUNDWATER MONITORING WELLS, ONE IN THE PARKING LOT OF GRANGER MUSIC HALL LOCATED AT 1604 EAST 4TH STREET, AND ONE IN THE PUBLIC RIGHT-OF-WAY ON PALM AVENUE, 315 FEET NORTH OF 4TH STREET WHEREAS, the Restructure Petroleum Marketing Services of California ("RPMS- CA"), through its contractor, Innovative Environmental Solutions, is seeking an encroachment permit and agreement for the installation of two groundwater monitoring wells, one located in the parking lot of Granger Music Hall located at 1604 East 4th Street, and one in the public right-of-way on Palm Avenue, 315 feet north of 4th Street; and WHEREAS, the monitoring wells are a requirement of the County of San Diego Department of Health Environment to perform liquid phase hydrocarbons fingerprinting, and to fully assess dissolved -phase benzene in groundwater. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Permit and Agreement with Restructure Petroleum Marketing Services of California ("RPMS-CA"), through its contractor, Innovative Environmental Solutions, for the installation of two groundwater monitoring wells one located in the parking lot of Granger Music Hall located at 1604 East 4th Street, and one in the public right-of-way on Palm Avenue, 315 feet north of 4th Street, as required by the County of San Diego Department of Health Environment. Said Encroachment Agreement is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Encroachment Permit and Agreement with Restructure Petroleum Marketing Services of California for the installation of two groundwater monitoring wells, one in the parking lot of Granger Music Hall located at 1604 East 4th Street, and one in the public right-of-way located on Palm Avenue, 315 feet north of 4th Street. PASSED and ADOPTED this 1st day of May, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, Restructure Petroleum Marketing Services of California (RPMS-CA) (hereinafter referred to as "PERMITTEE") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code to install monitoring wells. The term "PERMITTEE" includes all successors in interest and assigns of the PERMITTEE. The PERMITTEE, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain MONITORING WELLS (all hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of PERMITTEE'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of PERMITTEE'S encroachment are described in EXHIBIT A, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. This Encroachment Permit and Agreement (collectively hereafter, AGREEMENT) is made for the direct benefit of PERMITTEE and PERMITTEE's property described above, and the covenants herein contained shall be binding on the PERMITTEE and its assigns and successors. This AGREEMENT is issued pursuant to Chapter 13.12 of the National City Municipal Code, the terms of which PERMITTEE hereby specifically acknowledges, accepts. and agrees to. PERMITTEE also acknowledges that those terms and conditions include, without limitation, the CITY's right to require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer, at PERMITTEE's expense. The terms and conditions of Chapter 13.12 shall govern the interpretation and application of this Encroachment Permit, the maintenance of the encroachment, and the PERMITTEE'S duties and obligations. In the event of litigation to enforce any of the terms and conditions of this permit, the CITY shall be entitled to its attorney's fees and costs of enforcement. A copy of this Encroachment Agreement may be recorded against the PERMITTEE's real property that may be benefited by the installation and maintenance of the encroachment. Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the CITY. 2. The encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of PERMITTEE and all successors in interest, so long as the encroachment exists. 3. Upon notification in writing by CITY's City Engineer, the above described encroachment shall be abandoned, removed, or relocated by PERMITTEE at the PERMITTEE's sole expense. If PERMITTEE fails to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at PERMITTEE's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the PERMITTEE. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment, and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 1 5. CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition, or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of PERMITTEE's entry upon and use of CITY's easement or right-of-way for the installation, maintenance, removal, and use of the PERMITTEE's encroachment. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, clean-up costs, and defense costs, including attorneys' fees and expert witness fees, arising out of or related to PERMITTEE's monitoring wells subject to this Agreement, except for those claims which arise out of the sole negligence or willful misconduct of the CITY. 7. Insurance. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence, and Four Million Dollars ($4,000,000) aggregate, covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, pollution liability coverage with minimum limits of 'Three Million Dollars ($3,000,000) per occurrence covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain workers' compensation insurance covering all of PERMITTEE's employees, with limits sufficient to satisfy California statutory requirements. In addition, PERMITTEE shall take out and maintain employer's liability coverage with limits of not less then One Million Dollars ($1,000,000) per occurrence. The policy shall be endorsed with a waiver of subrogation as to the CITY. All policies required by this Agreement shall be written by insurers licensed to do business in the State of California, which are rated at least "A, VII" by the current A.M Best Ratings Guide and otherwise approved by CITY's Risk Manager. Coverage written by non -admitted, surplus lines carriers may be acceptable provided the insurer is included in the most recent California List of Eligible Surplus Lines Caniers (LESLI list) and otherwise meets CITY insurance requirements. Coverage shall be written on occurrence forms; in the event coverage is written on a claims made form, the retro date must be on or before commencement of this Agreement, and coverage must be maintained for a period of at least three (3) years following the termination of this Agreement. All deductibles and/or self -insured retentions must be disclosed on the certificate of insurance. These policies shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, PERMITTEE shall furnish CITY a certificate of insurance with all required endorsements evidencing the coverage required by this section. Should PERMITTEE fail to do so, CITY may elect to obtain such coverage at PERMITTEE'S expense or immediately terminate this Agreement, and require removal of the encroachment. 8. PERMITTEE is further responsible for obtaining any required construction, excavation, or building permits; for notification to Underground Service Alert, when applicable; and for the safe installation and maintenance of the encroachment at all times. 2 2 Encroachment Permit and Agreement Monitoring Well 9. This Encroachment Permit shall not be valid nor confer any rights to install and maintain an encroachment until it is approved by the CITY, and accepted and acknowledged by the PERMITTEE, and if determined necessary by the CITY, recorded. 10. PERMITTEE shall within 48 hours upon written notification by the CITY adjust, or cause to adjust the top of the well on any City right of way and easements, if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 11. PERMITTEE shall provide and maintain adequate traffic control at the sole cost, risk and responsibility of PERMITTEE and successor in interest, during the course of the construction of the well, and the monitoring and sampling periods or any other operation within the CITY right-of-way_ PERMITTEE shall hold CITY harmless with respect thereto. 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 13. PERMITTEE shall apply to the City Engineer for a construction permit prior to the installation of the well on any City right of way and easement and for subsequent adjustments. 14. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the well and running of equipment shall be limited to the hours set by the City Engineer, and there shall no deviations from these hours. 15. PERMITTEE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction and all other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum of inconvenience to the public. 16. At least 48 hours prior to start of construction, PERMITTEE shall contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERNIITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall be held harmless with respect thereto. 17. The PERMITTEE shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley, or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour, or the damage which might result from the PERMI11 EE's operations. 18. The PERMITTEE shall design, construct, and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state, and federal safety and health standards, laws, and regulations. 19. The proposed well may exist in the public right-of-way for a maximum of two years. The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 20. PERMITTEE shall notify the CITY in writing at least 48 hours prior of any intended monitoring of the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 3 3 Encroachment Permit and Agreement Monitoring Well 21. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this Encroachment Agreement. 22. The well cap installed under this permit shall have information printed giving the name and phone number of the responsible entity in charge of the installation and maintenance of the well. 23. The PERMITTEE shall provide the CITY with a copy of the site assessment and remediation report; a copy of the Department of Health Services, County of San Diego response; and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. Dated: CITY OF NATIONAL CITY Ron Morrison, Mayor PERMITTEE: Restructure Petroleum Marketing Services of California (RPMS-CA) c/o Innovative Environmental Solutions (IES) Entity/Company Scott D. Levin / Sr. Project Manager Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Scott D. Levin Mailing Address: Person in Responsible Charge 839 Second Street, Suite 2 (619) 368-7686 24/7 Phone Number Encinitas, CA 92024 Innovative Environmental Solution (IES) Firm Name PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENT, OR RIGHT-OF- WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "A", ATTACHED 4 4 Encroachment Permit and Agreement Monitoring Well CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C<'•G<';�:1`.4'�'•4'�'r4�'•G�(`-K'.C�C`.�i^.i�C',�r.4Y'.G�('�"'C`.4K'.G�C'•G�('•GY'•4Y'•G�C'S�f'.C-<'.G<'�"-`�'•GI`.L'r'�`�'ti^C•4�CCC.Grcr•Sr-!'.G'<X�C`L�('-CC.GY',1�'•G'r',�'•G.�'.�,CC`ti< State of Ca County of On 1D before me, Arthur P Arquilla, Notary Public personally apsearedGA tevi Here Insert Name and Tide al me Officer Name(s) of Signer(s) OFFICIAL SEAL ARTHUR P. ARQUILLA NOTARY PUBLIC-CALIFORNIA,T COMM. NO. 1872932 SAN DIEGO COUNTY MY COMM. EXF. JAN.7, 2014 Place Notary Seal Above Signature ' ' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(1110sre subscribed to the in instrument and acknowledged to me that he/ e/they executed the same k his er/their authorized apacity(ies), and that b. hi)lier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS myd and ofiici - � ignate of ary Public OPTIONAL )hough the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Sicner(s) Other Than Framed Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: Individual - Corporate Officer — Title(s): - Partner — LJ Limited ❑ General Attorney in Fact Trustee _- Guardian or Conservator Other: Signer Is Representing- PIGFfTT UMBPR1NT OFSIGNER . .. Top of thumb he, Signer's Name: Individual ri Corporate Officer — Title(s): Partner — rd Limited ❑ General i Attorney in Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER C,C•.,G,`t'c.(_(."_c,`C-t,t-(,-.CYCY-i;CL:�c1-C'(('UCL'(''<-(,'r_.-�C, 2r07Naloeal Notary Association • 9350 De ooto An. PO Box 2402 •Chat&wrth, CA 91313 2402• wvvNationalNctary are Item x5907 Herder Call TOlIFree I-f300 876-6822 5 STATE OF SOUTH DAKOTA 55 COUNTY OF MINNEI-IAIIA ACKNOWLEDGMENT OF SURETY (Corporate Officer) On this3rd day of August 2011 , before me, the undersigned officer, personally appeared Paul T. Bluflat , who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY, a corporation, and that he as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. +444444444444444444444444+ 4. `s S. EACH J r NOTARY PUBLIC r f SOUTH DAKOTA sEaL i Notary Public - South Dakota r +444444v4444444444444444 + My Commission Expires February 12, 2015 STATE OF COUNTY OF On this day of 55 ACKNOWLEDGMENT OF PRINCIPAT.. (Individual or Partners) , before me personally appeared known to me to be the individual described in and who executed the foregoing instrument and acknowledged to me that __he ____ executed the same_ My commission expires STATE OF COUNTY OF Oa this day of who acknowledged himselUherselfto be the of , a corporation, and that he/she as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herself as such officer. My commission expires Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporate Officer) , before me personally appeared c E 0 U DL License or Permit No w 0 0 Y tr Name of. Applicant Notary Public Approved this 6 POWER OF ATTORNEY FOR THE MANAGEMENT OF CLAIMS TO THE CALIFORNIA UNDERGROUND STORAGE TANK CLEANUP FUND I, Jack Ceccarelli, President of Restructure Petroleum Marketing Services of California, Inc, located at 9519 6 M t. Kin, Boulevard, Suite 100, Tampa, Florida 33610 appoint: Noel Shenoi of CalClean Inc., 3002 Dow Avenue, Suite 142, Tustin, CA 92780 and Michael Davis of Innovative Environmental Solutions, Inc_, 839 Second Street, Suite 2, Encinitas, CA 92024 and Joseph Schaaf of GeoEnviro Services, Inc., 5529 Kailas, Ventura. CA 93003 aad Rafael Gallardo of Gallardo & Associates_ Inc. 304 Belle Court, El Dorado Hills, CA 95762 as my agent (attorney -in -fact) to act for me in any lawful way by signing, submitting, or receiving all documents necessary to file my claims to, and to endorse checks fmin, the Underground Storage Tar:k Cleanup Fund for reimbursement of costs related to work performed by CalClean Inc_, Innovative Environmental Solutions, Inc., GeoEnviro Services, Inc, or Gallardo & Associates, Inc_ and their subcontractors, in response to petroleum releases at the sites listed in Attachment 1 This power of attorney is effective immediately and will continue until it is revoked, unless I direct otherwise on the line below. If1 have designated more than one agent, the agents are to act separately_ This power of attorney is governed by the Power of Attorney Law, California Probate Code Section 4000 et seq. 1 agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation_ I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of -attorney_ Signed (t day of U�= / Sa r9 O larmara's Jae ideraihcat!on flambe.; State of County of 2004 State of Florida County of I tillsborough 1 he forgoing instrument was acknowledged before me this 30th day of par, 2008 by Jack Ceccarelli as President of RPMS CA, wwwo is personally known to r re. /11 / e cJ7ar, 6ff- ✓' Jean M. Subecz, Notary Public Commission #0D698012 The Claimant must attach a cettihcate of acknowledgement of notary public in compliance with Section 1189 of the Civil Code or other applicable law. By accepting or acting under the appointment, the agent assumes the fiduciary and other legal responsibilities of an agent. Noel Shenoi it;'{ 4 J( .:,,�= (Sr; ,mrc ofnrt�mc>,y.�-lac,j Michael Davis"?' Joseph Schaaf Rafael Gallardo / S jtG e of en3ney-w-tool (Phouc Number) (Phone N ebcr) ='% L 1(2, (Phan: No,,T, (Phone'Jo O.4 NOTARY PUBLIC STATE OF FLORLDA Jean M. Subecz _ Conunission #DD698012 Expires: JULY 26, 2011 BONDED THRU ATLANTIC aoNDiNG CO_, LNG. Innovative Envirormental Solutions August 22, 2011 City of National City Engineering Division 1243 National City Blvd. National City, CA 91950-4596 (619) 336-4380 RE: IES AUTIIORIZED AGENT FOR ENCROACHMENT PERMITTING City of San Diego Representatives, For your records, the name (and contact information) listed below is an authorized agent for Innovative Environmental Solutions (IES) and has the authority to discuss, submit and sign letters, reports, applications, and other documents on behalf of IES and its Clients. Name: Title: Company: Address: Phone: Voice Mail: Fax: Email: Respectfully, Michael 1. Davis President, IES Principal Geologist, PG 47400 mdavis@ies.consultants.com Scott D. Levin Senior Project Scientist / Manager Innovative Environmental Solutions (IES) 839 Second Street, Suite 2 Encinitas, CA 92024 (760) 632-2330 (619) 368-7686 (760) 632-2471 slevitgies.consultants.com II 839 Second Street, Suite 2, Encinitas, Ca 92024 • 760.632.2330 FAX 760.632.2471 • www.iesconsultanis.com ■ 8 -AN-22-2009 12:04F FROM:NATIONAL CITY ENG 61933E437 TO:917606322471 P.8/2 MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? 7 — l LI 4t/ 5et.( 94 j/5 2) What is the time requiredd to Install each well? 1- 1,1Ov2 WorZK 247 j2 i- t'\ hoc-k-r-t o�1/ 3) How long will the wells remain in the street? .2-5 ye tars 031919160 ) 4) How long will the abandonment of the wells be? (time frame) 5 --7 -OA'S 5) Flow often will the wells be monitored and sampled? $$t M -All A1U % LW 6) How long will it take to purge and sample each well? Z - q- )Now 2S 7) Who will be responsible for removing the wells from the public right-of- way and restoring the street? �CsidgC PET /2c.Lcvivl /Vc�C� OP CAL-r FogN to (1'MS -) //b/ I"1A Lc3 Ec Vim 7-4 "2 . I -AN 0 d1 t- 3-% / 9 8) Who will be responsible for top of well head adjustments? L/VNovq- rWE o -tr-S) 3c) S€�o�v v �T < T6 Z- ��Zlr.t n/ r -I-A (' 4 7 ZD' 6<�� � rn cr scar Lev, �/ o)L 3Z-Z330 f/) -Y 1H'S 15 t)009 2 h5 4=1—P,a/vr 731�c/ (oLl.�vr ` S' AJ Qjo •'7 . 6� t til✓tad!�mc.' L I/044_ i'/ (vd,q) r✓tl G.}t /t r\A )I c 4{A ✓ 7 . 'TIC Fr! —E-7 ../u/ -To Q Li!> 9 /7 --1 NATIONAL CITY REFERENCE: NATIONAL CITY CALIF 7.5' QUADRANGLE 1967, PHOTOREVISED 1975 NAMED/ UNNAMED SURFACE AND/OR CHANNELED WATERCOURSE (USGS, 1975) CITY OF SAN DIEGO INCII MOO rEE1 ( VICINITY MAP FORMER RPMS (E—Z SERVE) LOCATION 100781 1604 E. 4TH STREET NATIONAL CITY, CALIFORNIA 91950 PROJECT NO. 100781-008 FILE NO. i: Projects WPMS11007811Rpts \ Figs Innovative Environmental Solutions EXHIBIT A n \ a ,'-aypcYwvv /QP: i. V v v, sEa.El v A� \_ a \\ \\\/ 9 ��\\ \FC0.2w R RAMS I�v\\9\NC' �� no \ : A\\ \ v A \ E ms✓ 1 \\ 0- \v 5 7W—:A J9 --, A `� \ ` ` A ,A \ V 0 A . A Er F.'P94�OGA� R 00 \ v xo \ \ \, \\ P ' cV lOEK i • \ IsEGEND RaavosE �Reuno.ve.ER ,1 4., WELL LOCA'IOrr 6 ; RMS-CA IF CR 049 E-Z SE RVE) o4Jvry0W<TE R n1CN'.t0R1 vG WEL. E$lATE OE 000ES SARBER (EAS <;R^,'J NOWPTER 00 TORING WELL C�l�l '+4GOR Exik4CTION WEL'. *00 0IR sr*901 WELL RPss5 Ce WELLSI ^, FORMERLOTtr-ENFEAT UFE �P!t r r \ \ Pv1 Pi — 1 5 \ \ \` c \ \\\ : \\ `\ \ \, \ \ 2 \0 Q. \\ ''\\\p1 \ 1 v va v \`\ \ i a V \` N P-'- V A NCE o%\ \ o seeW 7 o \ i \\ - \\ \\\CRC% r\ \ \ �' II NOT 10Scoe NOTES: I, Bare mac and suney+e'ele polo, zorv9yeo ny Prcless,,a. Lan., S,,ney6 on , ,9,1 ,, I,d 1.8 , I 2. Fonoer UST $y SICm confled,etl0n leoaenns 9'e p-o ecled and approrlml9 9 6+ _ RES\OENT,,P\. MONITORING WELL LOCATION DETAIL MAP (MW-7A AND MW-15) FORMER RPMS (E.Z SERVE) LOCA'ICN 10078' 1504 E. 4TH STREET NATIONAL Clr, CALIFORNIA 91950 RROJECr NO. 1001B1.009 FILE NO 1l7Preniels,R PM51100T91,Repons,Flgs tnno vollr• Enrlronm•n,el ( p-y �7 7elu llonl EXHE T A-1 DEPTH OEIOW GROUND SURFACE (FOOT) 3' 8-INCH DIAMETER DRILLED BORING 90' 92' 95. 110' NOT TO SCALE GROUND SURFACE WATCRPROOFVAULT TRAFFIC RA FED — CONCRETE SEAL, 3 FEET 4-INCH LOCKING EXPANSION PLUG BENTOI I SLURRY, 87 FEET 4-INCH SCHEDULE 40 PVC,BLANK CASING, 90 FEET BENTONI I E PELLET SEAL, 2 FEET 4-INCH SCHEDULE 40 PVC, 0020-INCH SLOT SCREEN, 15FEEI ESTIMATED DEPTH TO GROUNDWA IER -98-100 FEET FILTER SAND. NO 3 MONTEREY OR EQUIVALENT, 18 FEEE 4-1NCH PVC END PLUG ESTIMATED TOTAL DEPTH, 110 FEET IBOt TOM OF WELL SE 1 APPROX 10 FEET INTO 1 HE WATER TABLE) PROPOSED MONITORING WELL CONSTRUCTION DETAILS (MW-7A AND MW-15) FORMER RPMS (EZ-SERVE) LOCATION 100781 1605 EAST 4TH STREET NATIONAL CITY, CALIFORNIA 12 PROJECT NO 100781-008 FILE NO. i \Projects\RPMSI100/811Reports1Figs Innovative Environmental Solutions EXHIBIT A2 Date: /0/20// Name of Business/Person Payin in2DL��%/Ia(//V//-e,/--\. APN No.(s) / / Project Name: d / %/f14 wai.s. w iple�i/�/ LL b ldj Project Address: - kvv f Gr, //ki7 C/e Purpose: Staff T&A Cross Reference No. DEVELOPMENT SERVICES DEPARTMENT ENGINEERING DIVISION REVENUE 1 RANSMITTAL / / /732 Permit No. ZO /' No. Price Total Account Number Record of Survey X $796.00 001-06029-3634 Encroachment Agreement / X $490.00 00 i g- 001-06029-3634 Enforcement X Various 001-06029-3204 Special Driveway Permit X $368-00 001-06029-3130 Easement Check X $796.00 001-06029-3634 Lot Line Adjustment X $1,259.00 001-06029-3634 Sidewalk, Driveway, Curb Pernit X $297.09 001-06029-3130 Deferral X $670.00 001-06029-3634 Sewer Permit X $381.00 001-06029-3125 Flood Hazard Area Permit X $201.00 001-06029-3147 Construction Permit (Grading) / X $396.00 39(L71 ° 001-06029-3142 Annual Parking District Renewal X $35.00 001-06029-3146 Traffic Impact Study Review <3000 vehicles X $3,416.00 001-06029-3557 Traffic Impact Study Review >3000 vehicles X $6,833.00 001-06029-3557 Rev.. 9/27/11 13 Plan Copy Service X $21.00 001-06029 3634 Engineering Compliance Fee X $553.00 001-06029-3634 Investigation Fee X $170.00 001-06029-3634 Utility Company Permit Fee X $512.00 001-06029-3160 Traffic Control Plan Check / X $476.00 .7t o . 001-06029-3557 Construction Fines & Penalties X Various 001-06029-3204 Transportation Permits X $90/$16 001-06029-3144 Sale of plans & specifications X Various 001-06029-3528 Storm Water Fee X Various 001-06029-3547 Copies (first page) X $1.00 001-06029-3634 Copies, additional page, standard $0.15, 8 112 x 11 X each 001-06029-3634 Copies, additional page, color, 8 $025, 1/2 x 11 X each 001-06029-3634 Copies, additional page, $.50, Oversize, standard X each 001-06029-3634 Copies, additional page, $1.00 Oversize, color X each 001-06029-3634 Tjtal Transmitted Rev. 9/27/11 14 CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 2 / 42000 10/20/2011 13:27:27.000 Reg WXPCASHF1 Validation Receipt CHARGES- 001-06029-3142 EG 2011-173 $ 396.00 001-06029-3634 GF2136 2011-173 $ 490.00 001-00000-3650 ZCLFAR 001-06029-3557 $ 476.00 Sub -total $*******1362.00 PAYMENT - Check - 1189 innovative env sol 1362.00 Change $**********0.00 THANK Y0U Business Hours: 7:00 - 6:00 Monday through Thursday Closed on Fridays 15 PRIVATE CONTRACT BOND - CITY OF NATIONAL CITY FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: TIIAT Innovative Environmental Solutions of Encinitas, California as Principal, and Western Surety Company a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sure of Two Thousand and 00/100Dollars ($ 2,000.00 ,, for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by [hest presents. The conditions of the foregoing obligation is such that, whereas the above -bounded Principal is to obtain a drilling permit front the CITY OF NATIONAL CETY, CALIFORNIA, to do and perform the following work, to wit: NOW, THEREFORE, if the above -bounden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this 12th day of March APPROVED AS TO FORM: BY Claudia . (Iva City Att By: Bart Stewart Attorney -in -Fact 20 12 Innovative Environmental Solutions (Name of Principal) Title: _$t _ p16-} Western Surety Compan (Surety), / J (Attach Notary Acknowledgment for Attorney -in -Fact ) Address to which notice to Surety should be sent: _ 1455 Frazee Road, Suite 801 San Diego, Ca 92108 16 VeBerri Sure Corn 130VITER OFATIORr.'Y. FI'OHYTINGIND ll 1,A T i0y-IN_FACT K-0 "Id 1,7eu E'YTbEse Fres ems, That WESTERN SURETY CO fP A1ti' Y, a So! zti�g is p„acnz) office r h U�ko� ca oor u the City o; Sioux Falb and SL •e of Soar. l 1- c del' o a d '•L'c ccsoctt zcd appoint J2 a3 a-`i d'I it do s b , - °�d Fx�sti co,Nuur=lion y �r�a or ibe s��c_ine ,td tr-- -J - a hiv�i❑ zed hcebp Die'COle T c --. ,tSirg=-C1 E cS hai'e;_�i;t'fli of -Encinitas, CA, is fnta aid Ia ti,-ut + - of ts) hrr t krrn l] L]nti a]d 2--ut ority haraby col:' r n s =, E,dwT 4i]es _]d °that obIi�-[oy ivu2r er' sl-,il�r r - _- - ` -. 5..T1 �d t: e xaa-a "or _ud ao I[s I ,haii bads, zld to bind it Czaraby E.s fully 2.-?d to Lye,ane; tt.ta,I ^•:'onay, pursuml to the zu,ho ly Lau:by is, , - e the si acholders of the corpnw °ion.. 1 tii5 FO-sci o .4iL7tTley is aaada _9d czt:cubtd Amounts ., 1, 1 if] tnEtRirt.:-1is 22r'-rsl.d b,a0ch aocbotiz.ad .-tt-r-tcarsLrh= -rvy rattitf.d Cld L sL:_ft iC Wild by c ltorl y Oiih a _.q p:i thtd cn u5s rev_t SURETY COlvt_iz,krtY bas cs d ratts ptzstatstc o 6�h�� t�dc�LhslL,dday e_J s_redoyitsS:_,icr W H S S[=ie Oi ;iOL'S J_kfi3 CCL'ihy Oi i✓(L: tt,n-.li3 SURPTY r` r / i „d^: S.'_Gini ✓ire c- pie Ol fili3 O y o, 1 u y, 2010, b F r cjr li �i C } m S 111 t Il pftF ,-llY -', ' ul Dn1 t L7 r;: 1,] h.] ] In h nc t_� t u 3'=J9r 1.1 F _ -- -Od 7t � rrc til] -S OiS:Jd rJ C(1 i c r-ut r Y o l.ar } � -.t �] � )o� �' ❑ b o u� saJ ed o ti� ld t2 due act 7d r-_d or r I D - �. s ;,, �d _]mac n , �,j rs b l .hid t ' r' ]n� - ; t tt i _r -s c-�a th u h „ J 5o ry- Ord fy q-Ldisioo = ni: es N %Gib C LRT�_:'1C-24T.. L t ;11 �,s f8. cr �. .a, - � arJy:l r C01,11'. r4y oo F 5 � Ot_ L�.- �, t y ' �+ 13l -`,- PO Fj J =ie id a u�- 2 _._.. 7a t ._ram, i u EI Y ——'1 �l! =- 1 / - 1 spa 1 % rrcls a. - CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On ;)'' - before me, Laura Ashley Aceves, Notary Public (Here insert narne and title of the officer) personally appeared Bart Stewart who proved to me on the basis of satisfactory evidence to be the person(s) whose name are subscribed to the within instrument and acknowledged to me that executed the same in her/their authorized capacity(ies), and that by is herltheir signatures on the instrument the person (-s , or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT y hand and official seal. Signal (ttL•''i ar 'ublic DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number ofPages Document Date (Additional mformation) CAPACITY CLAIMED BY THE SIGNER ❑ tudividual (s) ❑ Corporate Officer (Title) ❑ PaRner(s) U Attorney -in -Fact ❑ Trustee(s) ❑ Other (Notary Seal) ADDITIONAL, OPTIONAL INFORMATION INSTRUCTIONS FOR COMI'I,ETING TE{IS FORM Any acknowledgement completer) in California nuts( contain verbiage exactly- as appears above in the 00010' seuwn or a separate acknowledgment form must be properly completed and attached to that documentthe only exception is if a document ,s to he recorded outside of California. In such instances, any alternative adowuledgment verbiage as may be printed on such a document so long as the verbiage does not require the note to do _something thar is illegal fbr a notary in Cihj° WO (1. e. certifying the authori_ed capaary of the signer) Please check the document carefidly for proper notarial wording and attach this form if required • State and County information must be the State and County uftere the document signer(s) personally appeared before the notary public foe acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • the notary public must print his or her name as it appears xvithin his or her commission followed by a comma and then ycur title (notary public). Primthe name(s) of document signer(s) oho personally appear at the time of notarization Indicate the correct singular or plural forms by crossing oft incorrect forms (i.e- ha/she/they- is lava) or circling the correct forms Failm e to correctly indicate this information may lead to rejection of document Iecurding The notary seal impression mutt be clear and photographically reproducible - Impression must not cover text or Imes. It seal impression smudges_ re -seal if a sufficient area permits: otherwise complete a different acknowledgment form. Signature of the [rota,- public must match the signature on file wnh the office of the county clerk Additional information is not required but could help to ensure this acknoolcdnnment 15 not misused or attached to a different document .• Indicate tale or type ofanached document, number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the tide (ie- CEO, CFO, Secretary). Senraly attach this document to the signed document LAURA ASHLEY ACEVES Commission No. 1927951 NO1ARY PuBuuC-CAUFORNIA SAN DIEGO COUNTY My Comm. Expires MARCH 7. 2015 0 (l 1 • 2008 Version CAPA v 1 L 10 07 800 373-980 oxsottNotarvClasses corn 18 11 11 14 111 Effective Date -October 1, 2011 -w_v• Western SuretyCompany LICENSE AND PERMIT BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No 71158768 That we, innovative Environmental Solutions of Encinitas , State of Cal ifornia , as Principal, and WESTERN SURETY COMPANY, a corporation drily licensed to do surety business in the State of California , as Surety, are held and firmly bound unto the City of National City State of California , as Obligee, in the penal sum of Two Thousand and 00/100 DOLLARS( $r000.00 lawful money of the United States, to be paid to the Obligee, for which payment well and truly to he made, we bind ourselves and our legal representatives, firmly by these presents. THECONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the Principal has been Licensed Faithful Performance Bond by the Obligee_ NOW THEREFORE, if the Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all amendments thereto, pertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect until October 1st 2012 , unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by First Class U.S_ Mail„tne Obligee and to the Principal at the address last known to the Surety-, and at the expiration of tln ' fib'€�,tbf35y*clays from the mailing of said notice, this bond shall ipso facto terminate and the Surety _ shaleluereupon lie"Yelieved from any liability for any acts or omissions of the Principal subsequent to said dat ) gartfless'e ; ie number of years this bond shall continue in force, the number of claims made agahis bo innd`�air he number of premiums which shall be payable or paid, the Surety's total limit of I iiiftity all not be eniiiulative from year to year or period to period, and in no event shall the Surety's total librliy >Wall<clams,exceed the amount set forth above. Any revision of the bond amount shall not be cv cumui�,ii;- ?0 Dated this loth Form 532-12-201 1 dayof January 2012 INNOVATIVE ENVIRONMENTAL, SOLUTIONS WESTE By SURET Paul T. Bruflat, Se Principal Principal COMPANY for Vice President 19 Q Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: • That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed _to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Honda, Georgia, Hawaii,' Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint Paul T. Bruflat of Sioux Pal 1s State of South Dakota , its regularly elected Senior Vice President as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: OneTiighwiy Permit City of Nariona1 rice bond with bond number 71158768 for Innovative Environmental Solutions as Principal in the penalty amount not to exceed: $ 7._400 . 00_ Westem Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly adopted and now in force, to -wit: Section 7- All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile_ In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to he executed by its Serii or Vice Presi dent with the corporate seal affixed this loth day of January 2012 ATTEST _ Nelson, Assistant Secretary STATE OF SOUTH DAKOTA ss COUNTY OF MINNEHAHA WEST. R SURETY —)COMPANY By Paul T. Bruflat, S/nior Vice President s}alidyr�-�rfjr'i NE y1 WY A -to1 On this 10 th day of January 2012 before me, a Notary Public, personally appeared _Paul_I__ Brall at and L Nelson who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as : eni or Vi re Pre ;ident and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation_ {.,.,,, , ,a., <,,,,,,,,c, �, , ,,.,C,.,..,., 1 ss D. KRELL s i SEPAL NOTARY PUBLIC SE L ss s SOUTH DAKOTA�� r r r My Commission Expires November 30, 2012 Form F1975-9-2006 Notary Public 20 U New Existing T/A No. 000 Date: E)720 Name of Business/Person Payyi�ng: C ..(IFOMX}q . NATIONALCITT ENGINEERING DIVISION TRUST & AGENCY REVENUE TRANSMITTAL Amount: $ Verified by: Engineering Staff Name: ctJ Project Name: j' Project Address: , �(kj j ' - 2 ' </A 51, APN No (s) Purpose: Ie9-1/ r"i 1 veils Ca 0/2/ ;) rrna AMOUNT ($) ACCOUNT # DESCRIPTION 2 C� #726-1141 Trust &Agency Deposit Others: REFUND PAYABLE TO: (if applicable) //- Name & Address /V0 U/ 1%e. IDIV72c*1 /ce,/!/ � � �()72 J I certify unde accurate, and the possibility r the penalty of law that the information submitted is to the best of my knowledge and belief, true, complete. I am aware that there are significant penalties for submitting false information, including of fine and imprisonment for knowing violations. v, r� Print Name /0/20 11 SIGNATURE Date Engineering Permit No. REFUND Date: Z3/(- (,-3 Final Inspection Date: Amount Refunded: ($) The sum shalt be in the nature of a deposit only and as an advance against the obligation of the developer to pay the city for maps, public improvements, private grading plans, inspections, NPDES reviews, and any expenses provided for under city ordinances. Rev. 07/01/10 J 21 CITY'Cf NATIONAL CITY Finance Department 619 336-4330 National City 2 / 42001 10/20/2011 13:30:24,000 Validation Receipt Reg WXPCASHF1 CHARGES- 726-1141 N 726114 monitoring wells $ 2000.00 Sub -total $*******2000.00 PAYMENT - Check - 1190 $ 2000.00 innovative environmental Change $**********0,00 THANK YOU! Business Hours: 7:00 - 6:00 Monday through Thursday Closed on Fridays ACORDT, CERTIFICATE OF LIABILITY INSURANCE PRODUCER Vanorsdale Insurance Services '19 Murphy Canyon Road, Suite 510 ego, CA 92123 INSURED (858) 541-2900 Innovative Environmental Solutions 839 2nd Street 2-B Encinitas, CA 92024 COVERAGES DATE (MM/DD/YYTY) 6/14/2011 THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIC ES BELOW. INSURERS AFFORDING COVERAGE INNOENV-01 MI ES l INSURER A Endurance American Specialty Insurance INSURER B Oak River Insurance Company INSURER C. INSURER 0, INSURER E. NAIC # 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 T O ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR • U� LTR N R. POLICY EFFECTIVE r C6 POLICY NUMBER DATE(MMlODlYYI POLICY EXPIRATION DATETMMIDD/YY — LIMITS GENERAL LIABILITY A X X COMMERCIAL ECC10100767602 EACH OCCURRENCE $ 4,000,000 GENERAL LIABILITY X 5/27/2011 5/27/2012 RENTED PREMISESJFa nrnuence) $ 50,000 CLAIMS MADE OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 4,000,000 GENT GENERAL AGGREGATE $ 4,000,000 AGGREGATE LIMIT AVVUES PER_ X POLICY PRO- ■ PRODUCTS COMP/OP AGG $ 4,000,000 T LOC A AUTOMOBILE LIABILITY ANY AUTO ECC10100767602 5/27/2011 5/27/2012 COMBINED SINGLE LIMB (Ea accident) $ 1,000,000 X ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per person) - $ X NON -OWNED AUTOS (Per aLccide t) $ — PROPERTY DAMAGE (Per accident) GARAGE UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN FA AEC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY J OCCUR I EACH OCCURRENCE $ __-J CLAIMS MADE AGGREGATE $ DEDUCTIBLE S RETENTION --- $ $ I WORKERS COMPENSATION..r.;; EMPLOYERS' LIABILITY 2200015400101 y '✓vC STA IU- I TORY LIMITS TO TH- TER 1 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERMtEMBER EXCLUDED? 10/10/2010 10/10/2011 EL. EACH ACCIDENT 1,000,001 If yes, describe under SPECIAL PROVISIONS E.L. DISEASE - EA EMPLOYEE $ 1,000,00 1 below El DISEASE POLICY 1,000,001 OTHER Pollution Liability ECC10100767602 5/27/2011 5/27/2012 Limit: - LIMIT $4,000,000 $ Per Occ/Ag.: ESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS xcept 10 Days Notice of Cancellation is given for Non -Payment of Premium." :: Project- Former RPMS (E-Z Serve) Location 1008002, lES Project No. 100802-004. The City of National City and its officers, agents and 1ployees is added as an additional insured in operations of the policyholder as respects to General Liability per form CG20261185 . Primary )rding applies per form FEI-548-ECC-0708. Waiver of Subrogation applies per form WC990110A for Workers Comp. RTIFICATF writ nFu _ ANCELLATION City of National City 1243 National City Blvd National City, CA 91950- SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILI ENOEAVOR TO MAIL 30 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AV THORQED REPRESENTATIVE ORD 25 (2001/08) 23 0ACORD CORPORATION 1988 Endurance Innovative Environmental Solutions Endorsement Number: 23 Additional insured — Designated Person or Organization This endorsement, effective ti/27/2011 attaches to and trams a part of Policy Number ECC1010t77676-02. This endorsement changes the Policy. Please read it carefully CG 20 26 11 85 In consideration of an additional premium of $Applied. this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SC I DIJLE Name of Person or Organization. City of National City 1243 National City Blvd National City, CA 91950 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to yoti Copyright; Insurance Services Office, Inc.. 1984 24 Endurance Innovative Environrrrtntal Solutions Endorsement Number_ 15 Automatic Primary and Non -Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 5/271201 1 attaches to and forms a part of Policy Number SCC101007676-02. This endorsement changes the Policy. Plead read it carefully. FEI-548-ECC-0708 SCHEDULE Name of Person or Organization: Any person(s) or organizalion(s) whom the Named Insured agrees, in a written contract. to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract In consideration of an additional premium of $Applied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agecment with such third party. It is further agreed that any outer insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance. 25 ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ISSUED WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10A (Ed 07-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work undera written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2-00 % of the total policy premium otherwise due on such remuneration. The minimum premium for this endorsement is $ 19g On Schedule Person or Organization Job Description ALL CALIFORNIA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/10/2010 Policy No 2200015400-101 Endorsement No. 1 Insured INNOVATIVE ENVIRONMENTAL SOLUTIONS (A CORP) Premium $ .nsurancc Company Oak River Insurance Company WC 99 04 10A (Ed 07-07) Countersigned by 26 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1, 2012 AGENDA ITEM NO. 8 EM TITLE: Resolution of the City Council of National City authorizing the temporary closure of 5th Street & D Avenue, 5th Street & C Avenue and 4th Street & D Avenue, one intersection at a time to provide for safe operations during construction for the public and for the contractor for construction of the Drainage Improvement Project, Specification 11-07. (Funded CDBG & Gas Tax) PREPARED BY: Barby Tipton, Project Officer DEPARTMENT: Engineering PHONE: 336-4583 APPROVED BY: 442 In order to enhance safety for the public and the contractor, it is requested that Council approve the closure of 3 intersections: 5th Street & D Avenue, 5th Street & C Avenue and 4th Street & D Avenue. Intersections will be closed one at a time and will be re -opened immediately upon completion of the work. There is a 400 PSI gas line that runs through the areas. Depending on the requirements to avoid the line, it is anticipated that each intersection will be closed from 2-3 weeks. Emergency responders will be updated for each closure and re -opening. Proper traffic control and detour plan shall be provided. Access to private driveways shall be maintained throughout construction. The construction of the project is expected to be completed by June 27, 2012. EXPLANATION: FINANCIAL STATEMENT: ACCOUNT NO. There is no financial impact ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: solution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE TEMPORARY CLOSURE THE INTERSECTIONS LOCATED AT 5TH STREET AND C AVENUE, 5TH STREET AND D AVENUE, AND 4TH STREET AND D AVENUE, ONE INTERSECTION AT A TIME TO PROVIDE FOR SAFE OPERATIONS DURING CONSTRUCTION FOR THE PUBLIC AND THE FOR THE CONTRACTOR FOR CONSTRUCTION OF THE DRAINAGE IMPROVEMENT PROJECT WHEREAS, to enhance the safety of the public and the contractor during the construction of the Drainage Improvement Project, staff recommends the temporary closure of the following three intersections: • 5th Street and C Avenue • 5th Street and D Avenue • 4th Street and D Avenue WHEREAS, the intersections shall be closed one at a time for approximately two to three weeks each, and will be re -opened immediately upon completion of the work; and WHEREAS, the Drainage Improvement Project is expected to be completed by June 27, 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the temporary closure of the intersections located at 5th Street and C Avenue, 5th Street and D Avenue, and 4th Street and D Avenue to provide for safe operations for the public and the contractor during the construction of the Drainage Improvement Project. PASSED and ADOPTED this 1st day of May, 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: May 1, 2012 •EM TITLE: Resolution of the City Council of the City of National City approving the use of Development Impact Fees (DIF) not to exceed the amount of $125,000.00 for the purchase and build out of four (4) Police Motorcycles. AGENDA ITEM NO.9 PREPARED BY: Manuel Rodriguez / EPARTMENT: Police PHONE: 4512 /r APPROVED BY:��-�i/� -c EXPLANATION: The City has been collecting Development Impact Fees since 2005 to offset the costs of new development. According to Resolution No. 2005-17, "The Plan -based Method" was used for a new police substation, the "Cost Recovery Method" was used for the main headquarters and the "Incremental Expansion Method" was used for new patrol cars. Accordingly, the Cost Recovery Method allows the use of these funds to maintain the police building and equipment. The Police Department must replace the current four (4) BMW police traffic motorcycles. Due to the economic recession, the City of National City has not been able to purchase new equipment and replace the four (4) police traffic motorcycles out of the General Fund. 6he Police Department is requesting the City allow the replacement of the four (4) motorcycles at a not xceed cost of $125,000 from the collected impact fees in accordance with Resolution No. 2005-17. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 325-11000-3624 (DIF Revenue Fund) APPROVED: 325-411-000-511-0000 (Expenditure Fund) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve Resolution, BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Off Report RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE USE OF DEVELOPMENT IMPACT FEES IN THE NOT TO EXCEED AMOUNT OF $125,000 FOR THE PURCHASE AND BUILD -OUT OF FOUR POLICE MOTORCYCLES WHEREAS, the City has been collection Development Impact Fees ("DIF") since 2005 to offset the costs of new development; and WHEREAS, pursuant to the project and fee methodology identified in the Development Impact Fee Study that was adopted via Resolution No. 2005-17 on February 1, 2005, the Plan -based Method was used for a new police station, the Cost Recovery Method was used for the main headquarters, and the Incremental Expansion Method was used for new patrol cars; and WHEREAS, the Cost Recovery Method allows for the use of these funds to maintain the police building and equipment; and WHEREAS, the Police Department must replace the current four BMW police traffic motorcycles and desires to use the collected Development Impact Fees for the purchase and build -out of four (4) motorcycles for the not to exceed amount of $125,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the use of Development Impact Fees in the not to exceed amount of $125,000 for the purchase and build -out of four motorcycles for the Police Department PASSED and ADOPTED this 1st day of May, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney U • U, Aim) NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: April 16, 2012 TO: Adolfo Gonzales, Chief of Police FROM: Manuel Rodriguez, Assistant Chief SUBJECT: New motorcycles for the Traffic Division Summary The City has been collecting Developmental Impact Fees since 2005 to offset the costs of new development; there were three methods used to calculate this fee for police services: The Plan -based Method was used for a new police substation, the Cost Recovery method was used for the main headquarters and the Incremental Expansion method was used for new police vehicles. Due to the economic recession, the City of National City has not been able to replace the four (4) motorcycles purchased in 2004. There are three primary reasons to replace the current motorcycles used in the Traffic Division: officer safety, cost effectiveness, and professional image. The expected cost is approximately $125,000. Background The Police Department is committed to increasing traffic and pedestrian safety in our City. Officers have stepped up enforcement around all National City schools, conducted multiple successful DUI checkpoints, and engaged in multi -agency traffic enforcement details. Through all this enforcement, the Traffic Division has increased the number of citations and arrests of unlicensed drivers. In order to continue improved service to the community and increase traffic safety the purchase of reliable, quality, and well maintained equipment is a necessity. An important tool for the Traffic Division is the motorcycle. The effectiveness of the motorcycle in an enforcement environment has been proven by the nimbleness and flexibility unseen in a police car, The need for the purchase of new motorcycles is best summarized in the following three reasons: officer safety, cost effectiveness, and the portrayal of a professional image. 1 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 Officer safety on motorcycles is paramount; the Department takes extra precautions to ensure that officers who ride motorcycles are thoroughly trained, complete a motor academy and are therefore competent in their riding abilities before conducting any motorcycle traffic enforcement. Officers who ride motorcycles are. more vulnerable than those who drive police cars; it is the nature of riding a motorcycle. When a car breaks down while driving, it generally is not a safety issue. However, when a motorcycle breaks down while driving, the event could be catastrophic. During a recent operation in Chula Vista, officers were participating in "Cite Day" enforcing traffic laws, when a National City Motor Officer almost lost control of his motorcycle due to an electrical malfunction. The officer was trying to catch a speeding vehicle clocked using radar at 75 MPH in a school zone when his motorcycle engine cut-out, causing him to almost lose control of the bike. Anytime a motorcycle's speed is drastically reduced or eliminated, such as engine failure, there is a propensity for the motorcycle to lose control. In this instance, because of the Officer's skill and training, the officer was able to maintain control and stop safely. The cause of the malfunction was attributed to aging, brittle wires controlling the ignition system. In talking with one of the BMW technicians at San Diego BMW, he stated: as the bikes age, the wiring becomes brittle and more susceptible to malfunction and/or failure; the technician also stated that it is a common event in these types of motorcycles. When it comes to cost effectiveness, the transition from a high -end motorcycle (BMW) to a more mainstream motorcycle will save money in immediate and long- term maintenance costs. The current BMW motorcycles are aged; the newest motorcycle has over 50,000 miles which is high for a police motor unit. The motorcycles are continuously breaking down and having to go to San Diego BMW which is a proprietary dealership. Because of the proprietary diagnostic equipment, only BMW facilities can perform maintenance on these motorcycles, drastically raising the cost of maintenance. For example, a most recent diagnostic check of one of the motorcycles cost approximately $300, without actually performing any maintenance of the bike. 2 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 A recent report on the residual value of these BMW motorcycles, which were originally grant -funded from the Office of Traffic Safety (OTS), valued the motorcycles just over $3,500. A mainstream motorcycle such as Yamaha, Honda or Kawasaki provides service options and competitive maintenance schedules between multiple dealerships within the South Bay area (South Bay Motorcycle Center, National City Motorcycle, Fun Bike Center, San Diego House of Motorcycles, Lemon Grove Motorcycles,. etc.). The National City Police Department Traffic Division is committed to representing the Department and City in a professional and positive manner. A strong, polished image portrays competency and professionalism while a tattered, worn and broken-down image diminishes confidence, within the law enforcement profession and from the public's viewpoint. During the last operation with outside agencies, one of the motorcycles had to be hooked up to a tow truck in front of allied agencies and the public. This was an embarrassment to the officer, our Department, and the City. Recommendation It is recommended the Department be authorized to purchase four motorcycles at a cost not to exceed $125,000 using Developmental Impact Fees for this purpose. Please call me at 619-336.4507 with any questions. MANUEL RODRIGUEZ 3 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1 , 2012 AGENDA ITEM NO. 10 EM TITLE: Resolution of the City Council of the City of National City authorizing the appropriation of Development Impact Fees in the amount of $125,000 to fund the Reserve Fire Engine Protective Shelter and a new Fire Hydrant on Division/Manila Way. (Funded by Development Impact Fees) PREPARED BY: Frank Parra DEPARTMENT: PHONE: 619-336-4551 APPROVED BY: EXPLANATION: See Staff Report. FINANCIAL STATEMENT: APPROVED: ____ Finance ACCOUNT NO. APPROVED: MIS Funds are available in the Development Impact Fee fund. Establish an appropriation of $109,379.98 in account 325-409-500-598-1501 and $ 15,620.02 in account 325-409-500-598-1209 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report __ Resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF DEVELOPMENT IMPACT FEES IN THE AMOUNT OF $125,000 TO PURCHASE A RESERVE FIRE ENGINE PROTECTIVE SHELTER FOR $109,379.98 AND FOR THE INSTALLATION OF A NEW FIRE HYDRANT AT THE INTERSECTION OF DIVISION STREET AND MANILA WAY FOR $15,620.02 WHEREAS, new development increases the demand for health and safety services provided by the City, affects the quality of the community's infrastructure , and increases the need for public facilities; and WHEREAS, Development Impact Fees ("DIF") are one-time charges applied to offset the additional public service costs of new development; and WHEREAS, the Fire Department desires to use $109,379.98 of their share of the DIF funds toward the purchase of a protective shelter to house the reserve apparatus to ensure its longevity, and $15,620.02 for the installation of a new fire hydrant at the entrance to a new development located at the intersection of Division Street and Manila Way to provide improved water resources to the immediate area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation of Development Impact Fees in the amount of $125,000 to purchase a protective shelter for $109,379.98 to house the reserve apparatus and for the installation of a new fire hydrant for $15,620.02 at the entrance to a new development located at the intersection of Division Street and Manila Way to provide improved water resources to the immediate area. PASSED and ADOPTED this 1st day of May, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney NATIONAL CITY FIRE DEPARTMENT STAFF REPORT PROBLEM STATEMENT: Over the last several years, the National City Fire Department has acquired several apparatus with the use of a combination of grant funds, Lower Sweetwater Fire Protection District service fees, development impact fees, and general fund contributions. These acquisitions have been great additions to the NCFD. However, due to limited space, the apparatus have been placed outside on the training ground. As a result, the reserve units are deteriorating due to exposure to sun, rain, dirt, etc. NCFD FLEET: Unit Age Status Unit Type 151 1 Front Line Pumper 499 2 Front Line Quint Truck 470 5 Front Line Pumper 460 7 Reserve Pumper 281 15 Reserve Quint Truck 236 20 Training Engine Pumper PROPOSAL: New development increases the demand for health and safety services provided by the City, affects the quality of the community's infrastructure, and increases the need for public facilities. Impact fees help pay for the cumulative impact of new development through infrastructure improvements and additions, thereby also contributing to the community's economic development. Development impact fees are one-time charges applied to offset the additional public-service costs of new development. They are usually applied at the time a building permit is issued and are dedicated to the provision of additional services, libraries, parks recreation facilities, Fire/EMS and Police made necessary by the presence of new residents in the area. The funds collected cannot be used for operation, maintenance, repair, alteration, or replacement of existing capital facilities and cannot be added to general revenue. They are essentially user fees levied in anticipation of use, expanding the capacity of existing services to meet additional demand. The amount of the fee must be clearly linked to the added service cost. The NCFD receives a share of the development impact fees that are charged by the City. The NCFD would like to apply this amount toward the purchase of a protective shelter to house the reserve apparatus. The protective shelter will ensure the Longevity of our reserve apparatus. The cost of the protective shelter is estimated at $109,379.98 which includes soft costs. In addition, the NCFD requested the installation of a new fire hydrant that was placed at Division/Manila Way to provide improved water resources to the immediate area. The hydrant was added when it was determined that a hydrant at the entrance to the development would benefit Firefighting operations. The cost to install the new fire hydrant is $ 15,620.02. STAFF RECOMMENDATIONS: • Use Development Impact Fee - $109,379.98 toward the purchase of a protective shelter • Use Development Impact Fee - $15,620.02 toward the installation of a new fire hydrant CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1, 2012 AGENDA ITEM NO. I11 rEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to enter into an agreement with Nationwide Retirement Solutions for the establishment of a Deferred Compensation Plan for City of National City employees represented by the National City Firefighters' Association PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT. ;, istraive Services/HR APPROV City of National City has an agreement with ICMA to provide a voluntary Deferred Compensation Plan to City employees. Under the terms of the Plan, employees have the opportunity to make investments for the purpose of creating retirement income on a pre-tax basis via payroll deductions. Under the terms of Article 32 of the current Memorandum of Understanding between the City and the National City Firefighters' Association (FFA), employees represented by FFA have the option of establishing a Deferred Compensation Plan through Nationwide Retirement Solutions (Nationwide) in lieu of the ICMA Plan. The purpose of this Council action is to effectuate an agreement between the City and Nationwide Retirement Solutions in order implement the terms of Article 32. As agreed to, in order to ensure that both plans remain compliant with IRS provisions FFA represented employees will have the option of selecting either the ICMA or Nationwide Plan but may not be simultaneously enrolled in both. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no financial impact to the City associated with this action. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ferred Compensation Plan Administrative Agreement Lily Council Resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER EXECUTE AN AGREEMENT WITH NATIONWIDE RETIREMENT SOLUTIONS TO ESTABLISH A DEFERRED COMPENSATION PLAN FOR CITY OF NATIONAL CITY EMPLOYEES REPRESENTED BY THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION WHEREAS, pursuant to Resolution No. 14,431, adopted on September 4, 1984, the City of National City established a Deferred Compensation Plan (the "Plan") for permanent City of National City employees, and appointed ICMA Retirement Corporation to serve as the administrator of the Plan; and WHEREAS, under the terms of the Plan, employees have the opportunity to make investments for the purpose of creating retirement income on a pre-tax basis via payroll deductions; and WHEREAS, on August 16, 2011, the City Council adopted Resolution 2011-184, approving a Memorandum of Understanding ("MOU") between the City and the National City Firefighters' Association ("FFA"), for the period of January 1, 2011 through December 31, 2013; and WHEREAS, under the terms of Article 32 of the MOU, employees represented by the FFA have the option of establishing a Deferred Compensation Plan through Nationwide Retirement Solutions ("Nationwide") in lieu of the ICMA Plan; and WHEREAS, the City seeks to establish a Deferred Compensation Plan through Nationwide that will be made available to all eligible employees participating in said Plan pursuant to Section 457 of the Internal Revenue Code permitting such plans; and WHEREAS, certain tax benefits could accrue to eligible employees participating in said Deferred Compensation Plan; and WHEREAS, such benefits will act as incentives to employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their retirement; and WHEREAS, by adoption of the Nationwide Plan, all regulatory, operational and administrative responsibility for maintaining the Deferred Compensation Plan will be assumed by Nationwide on behalf of the City; and WHEREAS, Nationwide, as Plan Administrator, agrees to hold harmless and indemnify the City of National City, its appointed and elected officers, and participating employees from any loss resulting from the City or its Agent's failure to perform its duties and services pursuant to the Nationwide Program; and WHEREAS, to ensure that both the Nationwide Plan and the ICMA Plan remain compliant with IRS provisions, eligible employees will have the option of selecting either the ICMA Plan or the Nationwide Plan, but may not be simultaneously enrolled in both. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby adopts the Nationwide Deferred Compensation Plan. Resolution No. 2012 — Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute an Agreement with Nationwide Retirement Solutions for the establishment of the National City Deferred Compensation Plan for the voluntary participation of all eligible employees. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute on behalf of the City of National City individual participation agreements with each said eligible employee requesting to participate in the National City Deferred Compensation Plan, and to act as the "Administrator" of the Plan, and to execute such agreements and contracts as are necessary to implement the Program. PASSED and ADOPTED this 1st day of May, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Deferred Compensation Plan Administration Agreement This Administration Agreement ("Agreement") is effective this day of , by and between Nationwide Retirement Solutions, Inc., a wholly owned subsidiary of NFS Distributors, Inc., and a Delaware Corporation (hereinafter "Nationwide" or "Administrator"), and the City or County or any of its agencies, departments, subdivisions or instrumentalities of City of National City on behalf of its employees belonging to the FFA bargaining unit hereinafter referred to as EMPLOYER. WHEREAS, EMPLOYER, pursuant to and in compliance with Internal Revenue Code Section 457, has established a Deferred Compensation Plan, hereinafter referred to as PLAN, which permits EMPLOYER and its employees to enjoy the advantages derived from Section 457 of the Internal Revenue Code of 1986, as amended; and WHEREAS, the intent of the Program is to assist Employers and their employees in establishing an increased measure of financial security by providing for additional retirement income through the deferral of before -tax dollars and the reduction of current income tax liability thus offsetting the effects of Inflation on their ultimate retirement benefits, WHEREAS, EMPLOYER desires to utilize Nationwide in connection with the administration of the PLAN; WHEREAS, Nationwide desires to provide such services subject to the terms and conditions set forth herein; and Now therefore, EMPLOYER and Nationwide agree as follows: 1. SELECTION OF A DEFERRED COMPENSATION PROGRAM The Plan makes available to the Employer a third party administrator ahct investment and insurance products which, as a result of a careful evaluation of administrative abilities and experience, and the combination of costs, benefits, and services, provide a quality deferred compensation program. 2. DESIGNATION AND REGULATORY CONSIDERATIONS EMPLOYER designates Nationwide as an Administrator for deferred compensation funds. EMPLOYER has agreed to sponsor the Program and has selected and contracted with an independent plan administrator, Nationwide, eminently qualified to accept and fulfill the responsibility for all administrative requirements necessary for the successful operation of the Program. The Employer hereby accepts Nationwide to act as Program Administrator in fulfilling the administrative and marketing requirements of its Plan and the Program. Nationwide has represented and warranted to EMPLOYER that the Program and the Plans adopted thereunder meet all necessary criteria for approval by all federal and state regulatory authorities governing such programs. Employer has determined that it is an "eligible employer" as that term is defined in Section 457(e)(1 )(A) of the IRC. 3. TERMINATION A. EMPLOYER Employer may terminate this Agreement upon 90 days' written notice to Nationwide without cause. B. NATIONWIDE If the Employer fails to agree, whether by act or omission, to the terms and conditions for participation in the Program, Nationwide shall have the right to terminate this Agreement upon 90 days' written notice to the 1— M:1Corp1203810201Nationwide Master Administration Agreement.doc DC-4055-1 106 [nl] Employer; provided, however, the Employer may cure the default or omission within 90 days immediately following the date of said notice. 4. DEFAULT In the event the Agreement is terminated for "Cause" (which shall mean the failure of either party to perform any or all of its obligations as defined herein); the non -defaulting party shall give the defaulting party written notice, specifying the particulars of the default. If such default is not cured within sixty (60) days from the date in which notice of default is given, the non -defaulting party may terminate the Agreement effective thirty (30) days after the end of the sixty (60) day period. 5. INVESTMENT OPTIONS Nationwide agrees to accept deferred compensation plan funds for investment in the investment options as mutually agreeable to the parties. EMPLOYER agrees to accept the terms and conditions of the insurance and investment company contracts as represented by Administrator pursuant to the operation of this Program. EMPLOYER agrees to assist the Administrator, as necessary, in the development of comprehensive investment and service specifications. A. Participants will be permitted to change their investment options as often as they wish, however, they shall be subject to any applicable penalty or charge or restriction imposed for such change. 6. ESTABLISHMENTOF ACCOUNTS A. ENROLLM ziNT SERVICES Nationwide agrees to process, or arrange to have processed, the enrollment of eligible employees who elect to participate in the Plans. Nationwide agrees to provide informational and promotional material pursuant to the Plan for distribution to employees of EMPLOYER. EMPLOYER agrees to allow and facilitate the periodic distribution of such material to employees and to disseminate promotional and communication materials as provided to it for employee distribution; It is mutually understood and agreed that EMPLOYER has designated Nationwide to act as its Agent in fulfilling certain of the administrative and marketing requirements of this Agreement. B. DEFERRALS The minimum participant deferral per pay period shall be not less than $10.00 or 1 % (one -percent) of participant's salary. C. EMPLOYER agrees to: 1. Provide Administrator its full cooperation and support in administering the necessary deferral system for employee contributions; and notify Nationwide in writing, within fourteen (14) business days of a Participant's separation from service, including retirement, with an Employer. 2. Name An EMPLOYER official or committee to act as Contract Administrator on behalf of the EMPLOYER on all material matters relating to activities of the Program. 3. Recognize that such tax -deferred savings benefits will act as incentives for employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their retirement income. 4. Recognize that through the adoption of the Administrator's Program, all such regulatory, operational, administrative and other Program management responsibilities are assumed by Administrator on 2— M:\Corp120381020/Nationwide Master Administration Agreement.doc DC-4055-1 106 [nil behalf of the EMPLOYER, in accordance with the Plan document, and certain responsibilities have been and may be delegated by Employer to Nationwide as Administrator; and 5. Recognize the important contribution of the Administrator's technical expertise in the design, implementation and administration of a Program established and administered in compliance with all applicable regulatory jurisdictions. 6. Recognize the benefits of Administrators establishment of a functional administrative system on behalf of EMPLOYERS to administer the Program. 7. Enact the necessary resolution/court order to adopt the Administrator's Plan Agreement and to establish its Deferred Compensation Program for its employees. 8. Cause appropriate deductions to be made from such payroll(s) as may be applicable and send the funds representing the total participant deferrals to Nationwide. 9. Arrange for representatives of Nationwide to conduct enrollment meetings with the Employer's employees. 10. Accept the terms and conditions of the investment media and, if applicable, insurance contracts issued to the EMPLOYER pursuant to the Plan adopted by the Employer; 11. Use the Nationwide Plan document, promotional materials, and other forms provided to it as a participant under the Program in connection with the Nationwide Plan; 12. Select among the -payout options available under the Program. 13. Notify Nationwidernmediately as to any decrease in a participant's includible compensation or any increase in any pre-tax salary reduction, 14. Provide to Nationwide in such electronic or magnetic media designated by Nationwide, a deferral listing with respect to participant sub -accounts to include not less than the following: Name of participant Social security number of participant Amount to be credited to participant's sub-account(s) 15. Funds may be sent by wire transfer, through an automated clearinghouse or by check in accordance with written instructions provided by Nationwide. Failure to follow the written instructions provided by Nationwide may result in delay of posting to Participant accounts. 16. Authorize Nationwide to act upon instruction given by Participants pursuant to their personal identification number (PIN), such PINs can be used to obtain certain services as designated by Nationwide. D. The Administrator agrees to: 1. Establish a sub -account for each Participant. 2. Post and credit the amounts sent by EMPLOYER to the sub-account(s) of Participants in accordance with the latest written instructions on file with Nationwide. 7. PARTICIPANT SERVICES Administrator agrees to: 3— M:1Corp120381020/Nationwide Master Administration Agreement.doc DC-4055-1 106 [ni] A. Establish the overall Program, its funding options and administrative operations so as to comply with other regulatory authorities, including state statutes, constitutional restrictions and other appropriate authorities. B. Provide Employer with a Deferred Compensation Plan Agreement and necessary agreements for execution with its participating employees, which is and will be maintained in compliance with the provisions of the I RC. C. Provide EMPLOYER with such technical assistance as is necessary to implement the Program in accordance with the needs and objectives of the EMPLOYER'S individual requirements. D. Provide an administrative support system to facilitate employee deferrals, reconciliations, disbursements to the investment media, maintenance of the individual and Employer account records, provide periodic statements and coordinate employee distributions, and assure proper tax reporting systems. E. Provide such accounting and internal controls systems as are necessary to provide Employer with those reports specified in this Agreement, to meet the Employer's individual financial reporting requirements. F. Provide an interactive voice response (IVR) toll free telephone number which shall be operative 24 hours per day, 7 days per week (less normal maintenance time) for the IVR, and for live Participant Service Representatives, Monday through Friday, 8 a.m. - 9 p.m. Eastern time, each business day. Using this number participants may obtain information about participant accounts. EMPLOYER authorizes Nationwide to honor instructions, which may be submitted by participants using this number, either via the IVR, or to a live representative. Participant instructions may be in such form and content as may be mutually agreed to by Nationwide and EMPLOYER. G. As payor, compute and decty0 from any disbursements made by Nationwide under tb Plan all appropriate federal and State; income taxes required by law to be withheld from plan distributions and also furnish to all participants receiving payments or benefits from the Program, appropriate tax reporting forms. H. Provide deferral limit testing services to Employer subject to the following: (1.) Nationwide shall accept or reject participant election forms; (2.) Nationwide shall not be responsible for monitoring deferrals to section 403(b), 401(a), 414(h) plans or other plans referenced by IRC (3.) Nationwide will not be responsible for monitoring interplan coordination should Employer offer more the one (1) section 457 plan. I. Provide Plan Participants unlimited opportunities to increase (within limitations of Sec. 457) or decrease deferral amounts. All requests to increase or decrease deferral amounts will be processed by Nationwide within five (5) business days of receipt of the request and will be effective as soon as administratively practical by EMPLOYER. J. Establish and maintain individual participant account records and calculate daily valuations of participant account. Such records shall contain the participant's social security number, the allocation of participant deferrals to the Program products available under the Plan, the participant's address, the participant's birth date, the participant's beneficiary designation, and any other data necessary for administration of the participant's account. K. Provide Plan Participants opportunities to redirect future deferral amounts to any other Investment Product offered by the Plan. All requests will be processed within five (5) business days of receipt and the deferral will be effective with the next following pay period. L. Provide Participants the daily ability to exchange existing account balances from one investment option offered by the Plan to another (except for the limitation described in Section 5A above). Exchange requests for mutual funds will be processed with the fund being "sold" by the date following the date 4 M:1Corp12038102o/Nationwide Master Administration Agreement.doc DC-4055-1 106 tnll Nationwide receives such instructions and will be effective in the new fund not later than the day following Nationwide's receipt of funds from the "sold" fund. M. Provide Participants, if they request, a fund prospectus and an annual report for each mutual fund offered by the Plan. Specific mutual fund prospectuses and other relevant information is to be provided by each respective mutual fund or other investment provider upon request by Nationwide or a participant. N. Provide Participants consolidated quarterly statements reflecting the Account balances as of each March 31, June 30, September 30, and December 31 ("Statement of Account"). The Statement of Account shall indicate the deferred amounts received and processed by Nationwide for each such participant, the account value of each investment by such participant, the total account value (including earnings or losses with respect thereto) of each such participant's account at the end of the period. An individual Statement of Account shall be mailed to each participant in a sealed envelope as promptly as possible but no later than thirty (30) days following the end of each calendar year quarterly period. Participants shall be informed that they must notify Nationwide within thirty (30) days of receipt of their statements or confirmation of their investments, to report any errors to Nationwide. Nationwide will not be liable for any errors not reported within this time frame. O. Provide the following reports to the Employer on a timely basis as follows: (1.) Nationwide shall provide Employer, within thirty (30) days following the end of each calendar year quarterly period, with a calendar year quarterly Plan statement, produced as a by-product of the participant statements ("Entity Statement"), summarizing all participant activity that transpired during the reporting period: and (2.) Quarterly summaries -to Employer, within thirty (30) days after the end of each calendar year quarterly reportifg;,.period (March 31, June 30, September 30 and December; indicating the total deferred funds allocated to each investment or insurance optionnder the Plan ("Financial Activity Confirmation Statement"); and {3.) Calendar year quarterly Surrender Audit Reports, to Employer within thirty (30) days following the end of each calendar year quarterly reporting period, showing by participant, Social Security number, the total amount surrendered by fund and the date of such surrenders. The type of withdrawal (for example, annuity purchase, payments due to termination of employment, and unforeseeable emergency withdrawal), will be indicated by a two -digit reason code P. Maintain, for a reasonable time, the records necessary to produce the above mentioned reports, and agrees that all records shall be the property of EMPLOYER. EMPLOYER agrees that all related computer tapes, disks and programs shall remain the property of Nationwide. 8. DISTRIBUTIONS A. Nationwide will assist the Participant in preparing the necessary forms to select his/her distribution option. B. Participants electing a payment of a lump sum amount will receive distribution of their account within ten (10) business days of the earliest day permitted by the Plan. However, Nationwide shall initiate the processing of all approved emergency/hardship requests upon receipt. C. Nationwide will provide necessary forms and process payments from the Participant's account, to the company selected by the Plan to provide annuity options to Participants. Participant will be required to submit properly completed forms to Nationwide in a time frame necessary to effectuate the "payment begin date" requested by Participant. D. All payment options are available for all investment options. All distributions will be made pro-rata from each of the Participant's investment options. 5— M:\Corp\20381020/Nationwide Master Administration Agreement.doo DC-4055-1 106 [ni] E. Nationwide will be responsible for preparing and filing all reports required by federal and state taxing authorities through the effective date of the Agreement's termination. 9. TERMINATION Upon the effective date of termination of this Agreement, the following shall occur: A. Nationwide will no longer accept deferrals. B. Nationwide will provide EMPLOYER a copy of all records relating to Participant sub -accounts, in hard copy or such other form as mutually agreed upon between Nationwide and EMPLOYER, within one hundred twenty (120) days after the effective date of termination. C. Accounts in distribution will be transferred to EMPLOYER or its designee in accordance with the time frame described above. 10. CONFIDENTIALITY Nationwide agrees that all information supplied to and all work processed or completed by Nationwide shall be kept confidential and will not be disclosed except as required by law. 11. PRIVITY OF CONTRACT Nationwide and Plan Participants shall have no privity of contract with each other. 12. TITLE AND OWNERSHIP In accordance with the provisions of Internal RevenUe Code Section 457, all account(s) established under this Agreement shall be held in the name of EMPLOYER, or by a Trustee/Custodian with a multi -employer "omnibus account" for the benefit of participants, in accordance with the Plan. 13. CIRCUMSTANCES EXCUSING PERFORMANCE A. Neither party to the Contract shall be in default by reason of failure to perform in accordance with its terms, including but not limited to the administrative and marketing services set forth in this Agreement, if such failure arises out of causes beyond reasonable control and without fault or negligence on their part. Such causes may include, but are not limited to, acts of God or public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine or restrictions, freight embargoes, and unusually severe weather. Neither party shall be responsible for performing all or that portion of services precluded by the foregoing events for such period of time as EMPLOYER or Administrator are precluded from performing such services in the normal course of business. Nationwide shall not be liable for lost profits, losses, damage or injury, including without limitation, special or consequential damages, resulting in whole or part from the foregoing events. "Acts of God" are defined as acts, events, happenings or occurrences due exclusively to natural causes and inevitable accident or disaster, exclusive from all human intervention. 14. INDEMNIFICATION Nationwide agrees to defend, indemnify, and hold harmless the EMPLOYER, its officials, employees, and agents from all loss, cost, and expense arising out of any loss or injury sustained by anyone in connection with Nationwide's acts, errors, or omissions, or any of those of its officers, agents, or employees, whether such act is authorized by this Agreement or not; and shall pay for any and all damages to EMPLOYER's property and funds of the EMPLOYER, or loss or theft of such property or funds. The Provisions of this Article do not apply to any damage or loss caused solely by the acts, errors, or omissions of the EMPLOYER, its officials, employees, or agents. -6 — M:1Corp120381020/Nationwide Master Administration Agreement.doc DC-4055-1 106 [nl] 15. ATTORNEYS' FEES Each party agrees that in the event of a claim, arbitration, or lawsuit filed by a party to this Agreement, each party shall be responsible for its own attorneys' fees and/or any costs or expenses related to the bringing or defense of any such claim, arbitration, or lawsuit. 16. CONTRACT TERM This agreement is effective until terminated in accordance with Section 3 above. 17. ASSIGNABILITY No party to this Agreement shall assign the same without the express written consent of the other party, which consent shall not to be unreasonably withheld. This provision shall not restrict Nationwide's right to delegate certain services to an agent, including any affiliate. Unless agreed to by the parties, no such assignment shall relieve any party to this Agreement of any duties or responsibilities herein. 18. PARTIES BOUND This Agreement and the provisions thereof shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties. 19. APPLICABLE LAW This Agreement shall be construed in accordance with the laws operating within the State of California. 20= UNLAWFUL PROVISIONS in the event any provisions of this Agreement shall be heldillegal or invalid for any reason, said illegality or invalidity. shall not affect the remaining parts of the Agreement, but the same shall be construed and enforced :as if said illegal or invalid provisions had never been inserted herein. Notwithstanding anything contained herein to the contrary, no party to this Agreement will be required to perform or render any services hereunder, the performance or rendition of which would be in violation of any laws relating thereto. 21. MODIFICATION This writing is intended both as the final expression of the Agreement between the parties and as a complete statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties. 22. NO WAIVER The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or of any other provision in the Agreement and neither party may, at any time, enforce the provision previously waived, unless a modification to this Agreement has been executed. 23. SEVERABILITY The provisions of this Agreement are severable, and, if for any reason a clause, sentence, paragraph, or other part of this Agreement shall be determined to be invalid by a court or federal or state EMPLOYER, board, or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions of this Agreement which can be given effect without the invalid provision. 24. NOTICES All notices and demands to be given under this Agreement by one party to another shall be given by certified or United States mail, addressed to the party to be notified or upon whom a demand is being made, at the addresses set forth in this Agreement or such other place as either party may, from time to time, designate in 7 — M:\Corp\2038\020/Nationwide Master Administration Agreement.doc DC-4055-1 106 Inq writing to the other party. Notice shall be deemed received on the earlier of, 3 days from the date of mailing, or the day the notice is actually received by the party to whom the notice was sent. If to Nationwide: If to EMPLOYER: Nationwide Retirement Solutions, Inc. Attention: President 5900 Parkwood Drive Dublin, Ohio 43016 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first written above. EMPLOYER Nationwide Retirement Solutions, Inc. By: By: zU X �� �,'j Date: Date: M:\Corp\20381020/Nationwide Master Administration Agreement.doc DC-4055-1 106 {nq CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1, 2012 AGENDA ITEM NO.12 EM TITLE: TEMPORARY USE PERMIT — Request from Granger Jr. High to use the city stage for the Granger Community Culture Fair on May 18, 2012. This is a co -sponsored event per City Council Policy Number 804. PREPARED BY: Vianey Rolon DEPARTMENT: Neigd Services Division PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is a request from Granger Jr. High to use the city stage at 8T" Annual Granger Jr. High for the Granger Community Culture Fair on May 18, 2012 from 4pm to 7pm. This event will include food booths, an information booth, and activity areas, contests and rides at a low cost so the community can participate. Granger Jr. High's school band, cheerleaders, flags and leatherettes will also perform at this event. No street closures are required as this event will be held entirety on campus. Security will be provided by the school and NCPD School Resource Officer and a first aid booth will be available. This is a co -sponsored event per City Council Policy No. 804 eligible for a maximum of $1,000.00 fee iver. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City departments, plus $745.28 for the Public Works. Total fees are $982.28 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: plication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: Public Concert Parade Motion Picture Fair Festival Demonstration Circus Grand Opening _ Other ✓ Community vent _ Block Party Event Title: _ (` AC Con1n1tm tv (L � Event Location: Event Date(s): From yOOm Actual Event Hours: '.am/ to 06 am/rr Total Anticipated Attendance: (;)t0oD 'ff ( Ioo Participants VQOQSpectators) Setup/assembly/construction Date: 5(I$ t ID- Start time: (0:0C)(1-4►'` ( tr Please describe the scope of you setup/assembly work (specific details): vtk Dismantle Date: Slit/ Completion Time: 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. St e Sponsoring Organization: Chief Officer of Organization Applicant (Name): Add ca k o Cj Address: Daytime Phone: ((WI) 4T�- of =�- Eve ((�� ing Phone: Fax: 0) 41 44033 E-Mail: ( (ALA- C Contact Person "on site" day of the event: Q t. C- 104'I'50 t`k 865 -( ,{.-rScie416 . � ^O Cel lular:� lD l `1 1 g`- S NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS RSONI712. RV. Is your organization a "Tax Exempt, nonprofit" organization? Y YES NO Are admission, entry, vendor or participant fees required? If YES, pleaseje�xplai the purpose and prov' e amounfli(s):( 1(1) ln/ �I b ,R-vvi'+'� 2.e_ LS Gait- WL CF [J r►C� t!'F' 'oo[x Lo4(.. t [� $ 1000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ ,! (� tDOC) Estimated Expenses for this event. $ `j PO 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. iI l.V t be_Lilr- C(J� Guvrtt eiu d I f L e,r- e,0-1\k_m_tAN,r, tki +0 Celc(vcckA---4.._ sttce_e_%E-5, T �- 6?,�,) se �- u�� a S a. 0 � , .L�—r 4-13 0,1711-41\ tk-r" afryvkAVIAA-w C OThivki-17 YES ENO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: YES VNO 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. V YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. V YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies l .D— Sizes 4 X NOTE: A separate Fire Department permit is required for tents or canopies. /YES __ NO Will the event invgIe the use of th City or y9quur stage qr PA ystem SPECIFY: p j:it•e_ <5 e —(-r��^� NJGL1 LA In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables # and Chairs # Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe yosplan for apd removal of wa So and garb..e . rin.: nd after r the event: • ��rlf� CA.l—v+ iv ��� • We_ YESY_ NO Have you hired n Professional Security orgAnization to handle arrangements for this event? If YES, please list: Security Organization: Please describe your procedures for both Crowd Control and Internal Security: �Q -� 0SL& �,,"i Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please in icate what arrangementyou have made for providing Firs id Staffing and Equip Li4 f�-v-� - Lemur CC Q C' CV ,lease describey�Accessibility Plan for access t our e ent by individuals 'th dis bilities: PI ase po vide a det.1ed destiption of our PARKING plan:, tease describe 0 ;describe youi pl s to n r event: 1-0-4- Please your plan for DIMMED PARKI G: w LAX 6 .- S i p DIJI l� sis e o •-• -• I a E / u� f all residents, businesses an churches impacted by the l Czir" Sc�ro f Iri(?Ci 5 r SSTs . NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. VYES 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: (1";te,)Number of Bands: Type of Music: C&Iteok AYES NO Will sound amplification be used? If YES, please indicate: Start time: ,_Do am/ Finish Time -1 ! 0 am/) YES V NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES v NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES ✓O Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 Organization Person in Charge of Activity Address r 1CA (210---� Telephone(t(t{ 1 --,Ot r Date(s) of Use 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. lk SS& 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. Si e of Applicant O I Ti le For Office Us Only aorkrtcg-- Certificate of Insurance Approved Date G R A G R A Street Entance Performing Arts Building 8 0 7 Parking Lot ' 800's PE Building Bathrooms Entrance Tickets Ms, Johnson's Food Court First Aid/ Lost and Found CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Granger Jr. High School EVENT: Granger Community Culture Fair DATE OF EVENT: May 18, 2012 TIME OF EVENT: 4 p.m.— 7 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES 1 x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO I ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ 1 SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ I SEE CONDITIONS [ ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: PUBLIC WORKS (619) 336-4590 Street Division: No involvement. Parks Division: • Standard stage set up $ 372.64 • Standard stage breakdown $ 372.64 • Total for this event $ 745.28 Park staff will deliver the stage to the location at 6:00 am on Friday, May 18, and pick it up after the event on the 18tn Facilities Division: No involvement by custodial or trade personnel. Fees Unless waived by the City Council, the applicant shall pay $745.28 for costs associated with this permit. (Acct #105-442-000-102) FIRE (619) 336-4554 Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) 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 Tess 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). Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher in display areas . Extinguishers 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. Please see attached example 7) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Approval from the National City Fire Department is required to cook under tents or canopies. Please contact the National City Fire Department for direction. Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 10) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 11) First Aid will be provided by organization. DEVELOPMENT SERVICES (619) 336-4318 Speaker face away from neighboring residential properties CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1, 2012 AGENDA ITEM NO.13 EM TITLE: TEMPORARY USE PERMIT —St. Anthony of Padua Festival at 1816 Harding Avenue on May 26 thru 27, 2012 from 12 pm to 5 pm daily with no waivers of fees. PREPARED BY: Dionisia Trejo PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: NeighbhgleSJ Services Division APPROVED BY: This is a request from St. Anthony's Church to conduct a festival located at 1816 Harding Avenue from 12:00 p.m. to 6:30 p.m. on both Saturday May 26 and Sunday May 27, 2012. This event will consist of carnival style game booths, musical entertainment and concession canopies. The applicant will provide ovemight on -site security for the event location. Portable restrooms will be provided as well. The applicant is requesting that Harding Avenue between 18th Street and 191h Street be closed Saturday May 26, 2012 at 5:00 a.m. through Sunday May 27, 2012 until 7 p.m. Harding Avenue will re- open at 7 p.m. on Sunday. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City departments, and $72.47 for Public Works. Total Fees are $309.47 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. BUSINESS NAME ATTN: MAILING ADDRESS NON TRANSFERABLE THIS DOCUMENT HAS A TRUE DOCUCHECIC' WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 85724 . CITY OF NATIONAL CITY NESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED BUS DESCRIPTION RELIGIOUS ORGANIZATION Date of Expiration: 12131/2012 ^, CALIF.UI NIA -a- BUSINESS ADDRESS 1816 HARDING AVE io try 1, , °.., - JL ST ANTHONY OF PADUA C.HURveY1gPO11A D 410 W 18TH ST NATIONAL CITY, CA 91950-5528 POST IN A CONSPICUOUS PLACE City n ger .,THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT KEEP FOR YOUR RECORDS BUSINESS TA)( RECEIPT License No. 85724 TOTAL Type of Event: _ Public Concert Fair _Festival Community Event Parade _ Demonstration _ Circus _ Block Party Motion Picture _ Grand Opening Other Event Title: 7 St _ Anthony's Church Festival Event Location: _ 1816 Harding Ave National City , Ca . Event Date(s): From 5/ 2 6/ 1 2to 5/ 2 7/ 1 7 Total Anticipated Attendance: 500 Month/Day/Year (200 Participants) SUN (30 Spectators) Actual Event Hours: Aam/pm to am/pm 12pm 5pm Setup/assembly/construction Date: 5/ 2 6/ 1 2 Start time: 5 M •_ Please describe the scope of your setup/assembly work (specific details): Setup Food Booths, Stage, tame Booths Dismantle Date: 5 / 27 / 1 2 Completion Time: 7PM am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Between 18th & 19th Street on Harding Ave C' Close 5/26/17 (sam) Ti, mien at 5/77/19 (7Am Sponsoring Organization: St _ Anthonv' s hurch Chief Officer of Organization(Name) Rev. Edmundo Zarate Applicant (Name): St . Anthony Of Padua Church For Profit Not -for -Profit Address: 1816 ha -a; rig NaticnaJ City, Ca 91 950 Daytime Phone: (61 5 477 4520Evening Phone: ( c 477-2060 Fax: (61 ci 477-8708 Contact Person "on site" day of the event: V i ren f P to i -ron or Jose Mena_ Pager/Ceflular: 619 300-2976 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 YES X NO Does the event involve the sale or use of alcoholic beverages? _x YES NO Will items or services be sold at the event? If yes, please describe: Fnnrl Rnnf-hc RPliginos -Items, Mise TtPms YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route_ YES X 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 oftent/canopies 30 Sizes 10X10 Canpoies NOTE: A separate Fire Department permit is required for tents or canopies. YES X NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: • Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. • Food Concession and/or Food Preparation areas Please describe how food will be served at the event: All Person servi ng in f d the w aring GlowQs, _hair nPtc If AafnTend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): PAC NPa 1 t i' Portable and/or Permanent Toilet Facilities Number of portable toilets: 3 (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: 4 0 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Vnl nnl PPrc r i r1 c Crniitc Trach hi nc Rant-rrl Frnm W;lsta C0 3 Please describe your plans to notify all residents, businesses and churches impacted by the event: Will Notify Residents at least 2 weeks before event with fliers about event dates andatimes NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks_ -X YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: i Number of Bands: Type of Music: Ent' rtaners and Dancers _xYES NO Will sound amplification be used? If YES, please indicate: Start time: 11am am/pm Finish Time Spm am/pm YES _xNO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event YES xNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: XYES NO Any signs, banners, decorations, special lighting? If YES, please describe: Banners will be setup on Church Property Revised 08/10/05 5 t. 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 S-71 . 9ntherly of Qaol_24.aC/uirc% Person in Charge of Activity len - 46tre 2(st fe - sv ate_ w / tr ,iUQ Ct7(4 Telephone (1 cf - y27- 4/Sa0 Date(s) of Use 5fa6ri�, - ,51z7//A Address 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 kenjcinder the t nit by the permittee or its agents, employees or contraors. Signatu Official Till For Office Use Only Date Certificate of Insurance Approved Date 7 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7_ Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: NA (P lea a sign the form and submit it with the TUP App'cation) Signature , Date 9 ✓ress/4 (K) TrAs k CANS 1 Fag .fie -77 At", HL ev • 1 1 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St. Anthony of Padua Church EVENT: St. Anthony of Padua Festival DATE OF EVENT: June 11-12, 2011 TIME OF EVENT: 12 p.m. to 6:30 p.m. daily APPROVALS. PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS/PARKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ J SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and Parking Authority and its officials, employees, agents and volunteers as additional insureds with amounts of coverage to be determined by the Risk Manager, POLICE 336-4400 PD uses Kimball Recreation center for their on -site headquarters for the event. I will need to inform contract instructors that the center will be closed for 6 days PUBLIC WORKS 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Parks and Facilities Maintenance Division of Public Works are not involved in this event. Street Division 1. Staff will barricade affected streets and remove them when the event is over. 2. Staff will post "No Parking" signs prior to the event. 3. The cost to provide Street personnel support for this event is estimated to be $ 83.90 and is calculated as follow: a. "No Parking" signs 8 @ $ 0.45 ea = $ 3.60 b. Barricades 8 @ $ 0.35 ea = 2.80 c. Equipment/Truck Hours 1.5 @ $ 19.09 per hr= 28.64 d. Regular Man Hours 1.5 @ $ 32.57 per hr = 48.86 e. Total Costs $ 83.90 Street Division Overtime Acct is #001-422-221-102-0000 RISK MANAGER (619) 336-4370 For St Anthony of Padua Festival, please have them provide the following: - Obtain Certificate of Insurance showing the City of National City as certificate holder. - Provide Additional insured endorsement naming the City of National City as an additional insured. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. 4) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. Extinguisher to be mounted in a visible location between 31' to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. All fire extinguishers to have a current "State Fire Marshal Taq" attached. Please see attached example 5) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Canopies: Tents: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 6) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 7) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. 8) A map is to be submitted describing layout of event. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas and grounds surrounding the event. 10) First Aid will be provided by organization. Note: A $200.00 inspection fee for an after hour/weekend fire inspection shall be required. Total cost for this event shall be $200.00 paid directly to the National City Fire Department under permit. Fees can only be waived by City Council. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1, 2012 AGENDA ITEM NO. 14 EM TITLE: TEMPORARY USE PERMIT — Lions Club 68th Annual Independence Day Carnival sponsored by the National City host Lions Club Lions Club at Kimball Park from June 29, 2012 to July 4, 2012. This is a City co -sponsored event per Council Policy No. 804. PREPARED BY: Vianey Rolon DEPARTMENT: Neighbor' so• Services Division PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is a request from the National City Host Lions Club to conduct the 68th Annual Independence Day Carnival at Kimball Park from June 29, 2012 thru July 4, 2012. The carnival's hours are as follows: June 29 from 5pm to 11pm, June 30 from noon to 11pm, July 1st from 12pm to 11pm, July 2t'd from 5pm to 11pm, and July 3rd from 5pm to 12am, and July 4th from noon to 11pm. The carnival will include carnival rides, games, food booths, the Blood mobile, Diabetes screening, talent show, watermelon eating contest, youth activities, community displays, and a fireworks display. Bands and other amateur and professional entertainment will be present. The applicant requests the use of the City's stage for the carnival and the PA system. Applicant has requested to close D Avenue from 12th Street to the entrance to the park's parking lot. Closure will be from 8am June 25th to 10am July 6th. This event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of 000.00. However, since this is a five-day long City -sponsored event, it is eligible and appropriate to consider a $1000/day 35,000 reduction. In the past, the City used this procedure for this event. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP, plus $1,104.00 for the Fire Permits and $16,147.41 for Public Works. Police fees are still pending. This is a co -sponsored event eligible for a $1000.00 co-sponsor credit for each day of the event, Total Fees are $17.488.41 (not including the sponsorship or Police fees) 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 and approve the waiver of fees in the amount of $5,000.00, as was granted for last year's event. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: plication for a Temporary Use Permit with recommended approvals and conditions of approval. Actual Event Hours: Carnival June 29, from 5pm to llpm July 1s` from Noon to 11 pm Jul 3rd from 5pm to 12am EVENT INFORMATION Type of Event: Carnival, Miss National City Pageant Event Title: National City Host Lions Club 6/th ual Independence Day Carnival Event Location: Kimball Park for the Carnival and the Miss National City Pageant Event Date(s): From 06/29/2012 to 7/04/2012 Total Anticipated Attendance: 20,000 Month/Day/Year (1,000 Participants) (19,000 Spectators) June 30, from Noon to llpm July 2"d from 5pm to l2pm July 4th from Noon to llpm Actual Event Hours: Miss National City Pageant Saturday, June 30th, 2012 Setup/assembly/construction Date: 6/25/12 Start time: 7:00 am Please describe the scope of your setup/assembly work Set-up carnival rides and booths, set-up of food and deli booths, move in stage, setup and fence off fireworks area and move in additional dumpster and port-a-pottie. Set up for Miss National City Pageant Dismantle Date: 7/6/12 Completion Time: 4:00 pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. We will need to close B Avenue from 12th Street to the entrance to the Park parking lot, Closure will be from 8:00 am June 25th to 10:00 am July 6th. APPLICANT AND SPONSORING ORGANIZATION INFORMATION Sponsoring Organization: National City Host Lions Club Chief Officer of Organization (Name) Brian Clapper Applicant (Name): Vince Reynolds For Profit XX Not -for -Profit Address: 113 N. Belmont, National City, CA 91950 Cell: (619)962-9950 Day: (619)477-5532 Res: (619)264-6163 Fax: Contact Person "on site" day of the event: Vince Reynolds E-mail: vincedepaul@cox.net Pager/Cellular: (619)962-3756 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALs FEES/PROCEEDS/REPORTING I5 your organization a "Tax Exempt, nonprofit" organization? XX YES _ NO Are admission, entry, vendor or participant fees required? XX YES NO If YES, please explain the purpose and provide amounL(s): Venders rent kitchen and deli booths, rent is free to $300.00 $45,000.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $20,000.00 Estimated Expenses for this event_ $25,000.00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? OVERALL EVENT DESCRIPTION ROUTE MAP/SITE DIAGRAM/SANITATION 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. National City Host Lions Club will sponsor the annual Independence Day Carnival and Fire works in Kimball Park from Friday June 29th through July 4th. This event will include: Carnival rides Carnival games Food booths The Blood mobile Diabetes screening Talent show Watermelon eating contest Youth activities Community displays Fire works display Bands and other amateur and professional entertainment. xx YES NO It 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 OVERALL EVENT DESCRIPTION CONTINUED YES XX NO Does the event involve the sale or use of alcoholic beverages? XX YES NO Will items or services be sold at the event? If yes, please describe: Carnival rides & games and food booths YES XX NO Does the event involve a moving route of any kind along streets, sidewalks or highways? It YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. XX YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. XX YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 30 Sizes 8' X 12' & 15' x 15' NOTE: A separate Fire Department permit is required for tents or canopies. XX YES NO Will the event involve the use of the City stage or PA system? Both in addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: * Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. * Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Food booths will be run by local non-profit organizations,ie churches, youth and civic organizations and service clubs If you intend to cook food in the event area please specify the method: XX GAS ELECTRIC XX CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: 20 (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) 19 regular , one H/C, and two wash stations * 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: 20 Trash containers with lids: 0 Describe your plan for clean-up and removal of waste and garbage during and after the event: A 40 c/y dumpster rented by NCHLC will be located in the west parking lot. We will have 3 to 5 persons picking up trash and emptying trash cans. 3 SAFETY/SECURITY/ACCESSIBILITY Please describe your procedures for both Crowd Control and Internal Security: Security Plan will be by NCPD, utilizing the Senior Volunteers, the Police Explorers and reserve police. XX YES NO Have you hired any Professional Security organization to handle security arrangements for this event? if YES, please list: Security Organization: To be determined as required by the security plan Security Organization Address: Security Director (Name): Phone: XX YES _ NO Is this a night event? If YES, please state how the event and surrounding arca will be illuminated to ensure safety of the participants and spectators: Park lights and lights from the carnival rides and booths. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. We will utilize 911 if an emergency occurs. For minor cuts and bruises we will have first aid kits at the Lions Train and at the carnival office. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Park grounds and sidewalks. There will an additional H/C toilet in addition to the park rest rooms PARKING PLAN/MITIGATION OF IMPACT Please provide a detailed description of your PARKING plan: We will utilize existing street and nearby public parking lots. Please describe your plan for DISABLED PARKING: We will utilize the handicap parking spaces at the towers and the public parking lots. 4 PARKING PLAN/MITIGATION OF IMPACT Please describe your plans to notify all residents, businesses grid churches impacted by Lhe event: Notification letters will be sent to all businesses and residents in the park area. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks_ ENTERTAINMENT/ATTRACTIONS AND RELATED EVENT ACTIVITIES XX 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: 1 Number of Bands: Unknown at this time Type of Music: Various XX YES _ NO Will sound amplification be used? if YES, please indicate• Start time: Noon Finish Time 11:00pm YES XX NO Nili sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: City owned stage, with city and private sound systems XX YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: Independence Day fire works on the 4th of July starting at 9:OOpm for about 20 minutes, one of the best fire works in the county!! XX YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Carnival area and booths will be decorated in a patriotic manner. We may employ street banners and/or light standard banners in our advertising campaign. Revised 08/10/05 5 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 National City Host Lions Club Person in Charge of Activity Brian Clapper Address/13 N. Belmont, National City, CA 91950 Telephone _ (619) 269-6163 cell: (619) 962-9950 Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittce or its agents, employees or contractor ignature of Applicant Event Chairperson Official Title Date For Office Use Only Certiticate of Insurance Approved Date: REQUEST FOR A WAIVER OF FEES 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. Ts the event for which the TUP is sought sponsored by a non-profit organization? XXX Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2 Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization: National City Host Lions Club Type of Organization: Service club (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? XXX Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 9. 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 XXX 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. XXX 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? XXX Yes (Please provide an explanation and details. Any profits from this event will be donated to various National City organizations and programs or used in our sight programs No (Please proceed to Question 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: XXX No (Please sign the form and submit it with the TOP Application) Signature Date 9 ACQ �P CERTIFICATE OF LIABILITY INSURANCE DATE MA tI D/YYYY) 02/132012 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 ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SJ, AUTHORIZED EPRES£NTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROOUCER Willis of Illinois, Inc. 425 N. Martingale Road. Suite 1100 Schaumburg, IL 60173 INSURED National City Host Lions Club California CONTACT NAME: John Adams ex fPHONE . Exit; 1-800-316-6705 ; U , Nni. 1-888-467-2378 EADDRESS: SS: 110nSC1i/1)SCQ} Wit tlS. COm NSURERIS) AFFORDING COVERAGE NSuI[R A ACE American Insurance Company URER R: NANO S 22667 INSURER C WSURER D- INSURER E INSURER r : COVERAGES CERTIFICATE NUMBER' • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR RIAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF N5URANCE INSDER SUN ,ynts POLICY NUNUEH POLICY I thtfiR0OIYYYY1 lWrls A GENERAL CONIi1ERCIAL LIABILITY GENERAL CLAMS -MACE IJABuTY X ' RR HDOG25531541 09/012011 09/01/2012 EACH occURREHCE s 1,000,000 DAMAGE Li EDX R�A/SEJfpa0cuenrei s1,000.000 &RED EXP VA, one person) S 1,000 X Agg. Per Named Insured PERSCMWI aADV INJURY s 1.000,000 is $2,000,000 GENERAL AGGREGATE s 10,000,000 GEM_LUNT APPLIES PER �( PAO PRODUCTS . COE AGG 2,000,000 5 AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS FIRED AUTOS X SCTtE..G.iLEO AUTC5 AUT(O:'JN£Ti C HDOG25531541 09/01/2011 09/01/2012 COMBINED,SINCa F L $T Included BODILYIranxRytPct person s BODILY INJURY Per a cdrmt S PSLOP es ONAA, per acciderr0 S 5 UMBRELLA LIAR EXCESS LWB C CY.J....1JR rCLA/P&E.I.ADE EACH OCCUR, FjR^E 5 AGGREGATE s DED 1 RETENT O'45 S WOrMERS COMPENSATION AND EMPLOYERS- LIABILITY Y f f4 ANY PROPRIETOR,PAATNER'EXECUTWE i 1 OFACER:AC/413ER EXCLUDED" l 1 pitandanxyin NNl If yyee, Uesate twee, DESCRIPTION OF OPERATIONS bet om NtA WC STATU- Te,RY CART.A QTH- ER E.L EACH ACl' DENT S E.I MSF+tSF - EA Er tftOYEE S ET. DISEASE - PC4 C.Y LIT S DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attack ACORD 191. Additional Remarks Schedvte. N more space a re Verb Provisions of the policy apply to the named insureds participation in the following activity during the policy period shown above: Lions 4th of July Carnival on June 25 - July 6, 2012 The City of National City, its e.ployoes, and elected officials is included as an Additional Insured(s), but only with respect to General liability arising out of the use of premises by the Insured shown above and not out of the sole neehgenoe of said additional ensured. PROVISIONS OF THE POLICY b(5 NOT APPLY TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd National City California 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) () 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD http://maps.google.com/mapsiplace?cid=16896838253950330656&q=ldinbal-L•park+91950... To see all the details that are visible on the screen, use the "Print" link next to the map. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Lions Club EVENT: Annual Independence Day Carnival DATE OF EVENT: June 29-July 4, 2012 APPROVALS: COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: POLICE (619) 336-4400 Currently working on the personnel roster and overtime costs FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Fire Department Permit is required for the fireworks display. Permit to be requested and all necessary information provided to the Fire Department a minimum of 14 days prior to the event. Permit fee is five hundred two ($502.00) dollars. Fees can only be waived by the City Council. 2) Fireworks display operations shall be under the direct supervision of a pyrotechnic operator. Pyrotechnic operator shall possess a valid pyrotechnic operator license. 3) Minimum six hundred ($602.00) dollar after hour inspection fee is required for all Fire Safety Inspections taking place after hours, weekends and holidays. Additional hours after the first two hours shall be billed at $301.00 per hour 4) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. A permit for the projected canopies/tents shall be four hundred ($400.00) dollars. Fees can only be waived by City Council. Canopies: Tents: o — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 7) All cooking booths to have one 2A:10BC. 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. 8) Provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival. Inspection to include all rides, cooking area, game booths, etc. 10) Fire safety inspection is to be conducted by the Fire Department of the designated fireworks display area prior to display being conducted. 11) Fire Department access into and through the booth areas are to be maintained at all times. 12) Access to Morgan and Kimball Towers to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 13) Fire Hydrants shall not be blocked or obstructed. 14) Site map indicating access points, booth layout, fireworks display area and fireworks fallout area is required. Note: Total fee amount for all Fire Department permits is one thousand one hundred four dollars ($1,104.00) dollars. Fees can only be waived by City Council DEVELOPMENT SERVICES Speakers/lights face away from neighboring residential properties PUBLIC WORKS 336-4580 Streets Division 1. Staff will barricade affected streets and remove them when the event is over 2. Staff will post "no parking" signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated $259.45. a. Standard Hrs b. "No Parking" signs c. Equipment d. Barricades e. Total cost for event 6 X $32.57 45 X $0.45 2 X $19.09 16 X $0.35 to be $ 195.42 $ 20.25 - $ 38.18 $ 5.60 $ 259.45 Parks Division 1. The event organizers shall provide nighttime security for the Park and City equipment for the duration of the event. 2. The event organizers shall provide a trash dumpster for the event. 3. The event organizers shall provide 20 portable toilets. 4. The cost to provide park maintenance personnel for this event is estimated to be $14,221.96. • Set-up Stage 4 hrs @ $155.25/hr, 5 staff = $ 621.00 (Stage set up for event 4 hr minimum regular time) • Break -down stage 4 hrs @ $155.25/hr, 5 staff = $ 621.00 (Stage break down 4 hrs minimum regular time) • Event OT hours, 212 hrs @ $46.58/hr = $ 9,874.96 (Staff will work every night and day during event) • Clean regular hrs 80 hrs @ $31.05/hr = $ 2,484.00 (Clean up Park on Thursday, 7/5, after event, 8 staff 10 hrs each) • Set-up on Wednesday 6-27, 5 staff 4 hrs normal hourly rate 20 hrs ($31.05) _ $ 621.00 • Friday 6/29, 7 AM - 3:30 PM, 2 staff (17 hrs OT) • Friday 6/29, 5 PM -11 PM, 3 staff (18 hrs OT) • Saturday 6/30, 7 AM - 3:30 PM, 2 staff (17 hrs OT) • Saturday 6/30, 3:30 PM - 11:PM, 3 staff (22.5 hrs OT) • Sunday 7/1, 7 AM - 3:30 PM, 2 staff (17 hrs OT) • Sunday 7/1, 3:30 PM - 11 PM, 3 staff (22.5 hrs OT) • Monday 7/2, 5 PM - 12 Midnight, 2 staff (14 hrs OT) • Tuesday 7/3, 5PM - 12 Midnight, 3 staff (21 hrs OT) • Wednesday 7/4 from 7 AM - 3:30 PM, 3 staff (25.5 hr OT) • Wednesday, 7/4, 3:30 PM - 11 PM, 5 staff (37.5 OT) Facilities Division The cost to provide Facilities Maintenance staff support for this event is estimated to be $1,666.00 1. Electrician 40 hrs OT x $33.32 10 hrs OT x $33.32 2. Plumber 3. Total Cost $ 1,332.80 _ $ 333.20 $ 1,666.00 Fees Unless waived by City Council, the applicant shall pay $16,147.41 for staff costs associated with this permit request. This cost was estimated as follows: Street Division: $ 259.45 (Acct #001-422-221-102-0000) Parks Division $14,221.96 (Acct #105-442-000-102-0000) Facilities Division $ 1,666.00 (Acct #626-422-223-102-0000) Total: $16,147.41 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. RISK MANAGER Provide Additional insured endorsement naming the City of National City as an additional insured. COMMUNITY SERVICES PD uses Kimball Recreation center for their on -site headquarters for the event. I will need to inform contract instructors that the center will be closed for 6 days CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1st, 2012 AGENDA ITEM NO.15 EM TITLE: Warrant Register #40 for the period of 03/28/12 through 04/04/12 in the amount of $1,964,052.43. (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 period of 03/28/12 through 04/04/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Health Net Inc 301454 61,761.75 Health Ins R1192A— April 2012 Kaiser Health Plans 301463 160,231.78 Insurance Active April 2012 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 $1,964,052.43 1 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #40 PAYEE HAM RADIO OUTLET OPPER & VARCO SAFDIE RABINES ARCHITECTS SDG&E ALLIANT INSURANCE SVCS INC ART D NIELSEN PAINTING INC AT&T/MCI BRENNTAG PACIFIC INC CAPF CALIFORNIA LAW ENFORCEMENT CDWG CITY OF NATIONAL CITY COMMERCIAL AQUATICS SERVICES COUNTY OF SAN DIEGO CULLIGAN DAILY JOURNAL CORPORATION DANIELS TIRE SERVICE fA CARE USA A DENTAL DIZINNO FIREFIGHTERS BOOKSTORE HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HERNANDEZ HOME DEPOT CREDIT SVCS HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC IBARRA JERAULDS CAR CARE CENTER JOHN DEERE LANDSCAPES KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LANDSCAPE SOLUTION WAREHOUSE LAW OFFICES OF DON DETISCH LINCOLN EQUIPMENT INC N CONSULTING ASSOCIATES 20 AUTO PARTS DISTRIBUTOR NEXUS IS INC NICHOLAS MATTHEWS PERRY FORD PETERS INC,UA pgtTEl WARRANT REGISTER #40 4/4/2012 DESCRIPTION SUPPLIES FOR FIRE DEPT LEGALSVCS/TOD SERVICES/AQUATIC CENTER/DEC 2011 GAS AND ELECTRIC UTILITIES / CDC LIABILITY CLAIM COST / RISK CITY-WIDE PAINTING SBC AT&T PHONE SERVICE FOR FY12 POOL CHEMICALS FIRE/LTD APRIL 2012 PD/LTD APRIL 2012 CISCO FIXED AUTO AP802 PETTY CASH REIMB / MARCH 2012 POOL SERVICE, REPAIRS FILING NOTICE OF EXEMPTIONS / ENG WATER SOFTNER SVCS FOR KITCHEN ANNUAL SUBSCRIPTION RENEWAL REPLACE 4 REAR TIRES PMI COBRA DENTAL INS - FEB 2012 COBRA DENTAL INS-FEB 2012 09086-01002 DETECTIVE TRAINING SYMPOSIUM NORMAN'S DVD #9 FORCIBLE ENTRY HEALTH FULL NETWORK 57135A-APRIL 2012 HEALTH NET- R1192F - APRIL 2012 HEALTH NET - 57135F - APRIL 2012 HEALTH INS N5992A - APRIL 2012 HEALTH INS R1192A - APRIL 2012 HEALTH INS 57135J - APRIL 2012 ASSERTIVE SUPERVISION COURSE WALL PANEL 4X6 WHITE/TILE DIVIDER REPAIRS MOP 45720 PIPE & FITTINGS REIMB/ LEAD ON-LINE COURSE MOP 72449 R&M AUTO EQUIPMENT MOP 69277 PLANTING MATERIALS INS ACTIVE - APRIL 2012 #104220 RET INS - APRIL 2012 GRP #104220-03 RET INS MARCH 2012 GRP #104220-03 RET INS -COBRA- FEB 2012 GRP #104220-0036 INS HD HSA ACTIVE -APR 2012 GRP 104220-00 4 IN TELESCOPIC POP UP W/CKV REMAINING BALANCE / LEGAL SVCS COMPETITOR LANE LINE, 50M TUITION: ASSERTIVE SUPERVISION COURSE DN-P203587/DN-P204668/CN-P32692 NEXUS PHONE SYS SVC / MIS BASIC TRAFFIC COLLISION INVEST MOP 45703 AUTO PARTS RETIREE HEALTH BENEFITS -APR 2012 1/2 CHK NO DATE AMOUNT 301429 3/28/12 848.78 301430 4/3/12 1,917.50 301431 4/3/12 8,431.38 301432 4/3/12 38.90 301433 4/3/12 433.32 301434 4/3/12 295.00 301435 4/3/12 7,580.30 301436 4/3/12 1,276.93 301437 4/3/12 544.00 301438 4/3/12 1,560.00 301439 4/3/12 703.34 301440 4/3/12 506.79 301441 4/3/12 3,302.68 301442 4/3/12 450.00 301443 4/3/12 210.70 301444 4/3/12 84.83 301445 4/3/12 235.51 301446 4/3/12 93.19 301447 4/3/12 415.26 301448 4/3/12 624.00 301449 4/3/12 196.45 301450 4/3/12 5,377.98 301451 4/3/12 2,227-66 301452 4/3/12 1,382.69 301453 4/3/12 525.07 301454 4/3/12 61,761.75 301455 4/3/12 1,349.01 301456 4/3/12 384.00 301457 4/3/12 341.69 301458 4/3/12 2,690.84 301459 4/3/12 225.00 301460 4/3/12 175.00 301461 4/3/12 439.59 301462 4/3/12 477.01 301463 4/3/12 160,231.78 301464 4/3/12 12,160.93 301465 4/3/12 12,160.93 301466 4/3/12 8,740.01 301467 4/3/12 3,282.76 301468 4/3/12 152.43 301469 4/3/12 2,659.25 301470 4/3/12 2,527.69 301471 4/3/12 275.00 301472 4/3/12 290.79 301473 4/3/12 665.00 301474 4/3/12 743.23 301476 4/3/12 684.22 301477 4/3/12 290.00 PAYEE POWERSTRIDE BATTERY CO INC PRO BUILD PROCHEM SPECIALTY PRODUCTS INC PRUDENTIAL OVERALL SUPPLY REEDER RELIANCE STANDARD RIVERSIDE COUNTY SHERIFF DEPT RIVERSIDE COUNTY SHERIFF DEPT SAN DIEGO COUNTY ASSESSOR SAN DIEGO POLICE EQUIPMENT SDG&E SEWARD SMART SOURCE OF CA LLC STAPLES ADVANTAGE THE LINCOLN NATIONAL LIFE INS TOPECO PRODUCTS TUBON THOMAS PIOQUINTO U.S. HEALTHWORKS WAXIE SANITARY SUPPLY WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 7 3/6/2012 WARRANT REGISTER #40 4/4/2012 DESCRIPTION MOP 67839 AUTO PARTS MOP 45707 BUILDING MATERIAL CORROSION RESISTANCE PUMP MOP 45742 LAUNDRY SERVICE EDUCATIONAL REIMBURSEMENT VTL APRIL 2012 TUITION: BACKGROUND INVES COURSE TUITION: BSIC TRAFFIC COLLISION INV RECORD SUBSTITUTION OF TRUST/FULL RECONV FEDERAL TACTICAL 12GA BUCK 9PLT FACILITIES GAS & ELECTRIC BACKGROUND INVESTIGATIONS COURSE BUSINESS CARD MASTER SHELLS MOP# 45704. OFFICE SUPPLIES/ GRANTS LIFE/AD&D/STD/LTD INS - APRIL 2012 MOP 63849 SHOP SUPPLIES CITATION REFUND PRE -EMPLOYMENT PHYSICAL / HR WAXIE-GREEN CITRUS HYDROXYCLEAN MOP 45763 ELECTRICAL MATERIAL Start Date 3/28/2012 End Date 3/ 19/2012 End Date 4/3/2012 Check Date 3/28/2012 2/2 CHK NO DATE AMOUNT 301478 4/3/12 80.33 301479 4/3/12 1,116.73 301480 4/3/12 287.10 301481 4/3/12 290.33 301482 4/3/12 60.00 301483 4/3/12 2,470.96 301484 4/3/12 201.00 301485 4/3/12 159.00 301486 4/3/12 392.00 301487 4/3/12 912.63 301488 4/3/12 11,565.34 301489 4/3/12 640.00 301490 4/3/12 1,020.51 301491 4/3/12 254.46 301492 4/3/12 8,229.67 301493 4/3/12 36.41 301494 4/3/12 20.00 301495 4/3/12 208 -- 301496 4/3/12 12 301497 4/3/12 175.3a A/P Total 340,207.74 704,646.23 919,198.46 GRAND TOTAL S 1,964,052.43 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. AAA TINA NO ' IN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 15' OF MAY, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1s1 2012 AGENDA ITEM NO. 1_6 EM TITLE: Warrant Register #41 for the period of 04/05/12 through 04/10/12 in the amount of $481,205.17. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finance, PHONE: ;619-336-4331 APPROVED BY: EXPLANATION: ;Per Government Section Code 37208, attached are the warrants issued for the period of 04/05/12 through 04/10/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Public Emp Retirement 301549 270,254.89 Retirement Insurance 3/20/2012 — 04/02/2012 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $481,205.17 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #41 1/2 PAYEE UNION TRIBUNE PUB CO CHRISTENSEN & SPATH LLP EDCO DISPOSAL CORPORATION NBS PRO BUILD PRUDENTIAL OVERALL SUPPLY SAN DIEGO TROLLEY INC TIERRA WEST ADVISORS INC VISTA PAINT ACE UNIFORMS & ACCESSORIES INC ALL FRESH PRODUCTS BONSUISSE INC BOOT WORLD BRENNTAG PACIFIC INC BUTTS CPOA CA BUILDING STANDARD COMMISION ^' EXPRESS :ANO FEDERATION ',CANO FEDERATION CISSEL COMMUNITY HOUSING WORKS CONSTRUCTION ELECTRONICS INC COUNTY OF SAN DIEGO COX COMMUNICATIONS COX COMMUNICATIONS DELTA CARE USA DELTA DENTAL DEPT OF CONSERVATION FOREIGN SPEEDO INC GALINDO ROJAS GOFFIGAN GTC SYSTEMS INC HAMILTON MEATS & PROVISIONS IRON MOUNTAIN JENNIFER KNIGHT JJJ ENTERPRISES KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LOPEZ MARICELA PULIDO NAPA AUTO PARTS ONAL CITY AUTO TRIM ONAL CITY TROPHY OLIVER PACKAGING & ORKIN PEST CONTROL PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PERRY FORD j"' ;r1COA:pdR ATED WARRANT REGISTER # 41 4/10/2012 DESCRIPTION GENERAL PLAN UPDATE / ADVERTISING ARE HOLDINGS VS CDC OF NC WASTE DISPOSAL SERVICES / CDC LANDSCAPE MAINTENANCE / CDC MOP. PAINTING SUPPLIES/ NSD MOP# 45742 LAUNDRY SERVICES/NSD TROLLEY FLAGGING SERVICES / NSD COORDINATE DATA COLLECTION/CDC MOP# 68834 PAINT / NSD CHAMELEON SOFTSHELL JACKET FOOD / NUTRITION CENTER MILK & DAIRY DELIVERY / NUTRITION MOP# 64096. SAFETY BOOTS/ NSD POOL CHEMICALS EDUCATIONAL REIMBURSEMENT / HR PUBLIC RECORDS TRAINING/5/30-31/12 BUILDING STANDARDS ADMIN / ENG CAL EXPRESS / SVCS FOR MARCH 2012 CHICANO FED ANNUAL LUNCHEON/MRY CHICANO FED ANNUAL LUNCHEONNM TRAINING / CPRS - LONG BEACH HOME PROGRAM LOAN & APPLICATION FIRE ALARMS MAINT/ APRIL 2012 COMMUNICATIONS MAINT / MAR 2012 COX COMMUNICATIONS DATA & VIDEO COMMUNICATIONS DATA & VIDEO/MIS PM! DENTAL INS APRIL 2012 DENTAL INS APR 2012/05-0908600002 SMIP FEES / JAN THRU MARCH 2012 SPEEDOMETER CHECKS 125 PLAN REIMBURSEMENT EDUCATIONAL REIMBURSEMENT / HR NETWORK ENG SVCS - 3/20/12 MEAT DELIVERY / NUTRITION CENTER RECORDS MANAGEMENT/ C CLERK TRAVEL REIMB / MILEAGE ALARM MONITORING KAISER RETIREES INS / APRIL 2012 H S A KAISER RETIREES / APRIL 2012 TRANSLATION SERVICES FOR FY 2012 REFUND/ ASTROJUMP PERMIT FEE MOP 45735 AUTO PARTS R&M CITY VEHICLES MOP# 66556. BASKETBALL MEDAL/CSD HOME DELIVERED TRAYS / NUTRITION PEST MAINTENANCE SMOG CERTIFICATION & REPAIRS JANITORIAL SUPPLIES / NUTRITION MOP 45703 AUTO PARTS CHK NO DATE AMOUNT 301498 4/4/12 2,912.00 301499 4/10/12 5,188.89 301500 4/10/12 104.75 301501 4/10/12 819.31 301502 4/10/12 102.37 301503 4/10/12 66.70 301504 4/10/12 105.04 301505 4/10/12 3,993.75 301506 4/10/12 872.30 301507 4/10/12 286.59 301508 4/10/12 866.08 301509 4/10/12 578.78 301510 4/10/12 231.65 301511 4/10/12 645.97 301512 4/10/12 329.00 301513 4/10/12 250.00 301514 4/10/12 216.00 301515 4/10/12 121.00 301516 4/10/12 150.00 301517 4/10/12 75.00 301518 4/10/12 240.46 301519 4/10/12 41,385.00 301520 4/10/12 843.55 301521 4/10/12 9,275.00 301522 4/10/12 79.70 301523 4/10/12 29.12 301524 4/10/12 2,923.38 301525 4/10/12 12,829.68 301526 4/10/12 814.83 301527 4/10/12 30.00 301528 4/10/12 130.00 301529 4/10/12 452.00 301530 4/10/12 585.00 301531 4/10/12 1,434.02 301532 4/10/12 135.00 301533 4/10/12 165.97 301534 4/10/12 439.72 301535 4/10/12 17,381.40 301536 4/10/12 1,458.30 301537 4/10/12 140.00 301538 4/10/12 25.00 301539 4/10/12 270.50 301540 4/10/12 95.00 301541 4/10/12 385.52 301542 4/10/12 1,438.00 301543 4/10/12 373.33 301544 4/10/12 897.63 301545 4/10/12 388.13 301546 4/10/12 282.53 PAYEE PRO BUILD PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RODRIGUEZ SAN DIEGO BMW MOTORCYCLES SDG&E SILVA SMART & FINAL SOUTHERN CALIF TRUCK STOP STAPLES ADVANTAGE STARTECH COMPUTERS SYSCO SAN DIEGO TARULLI TIRE SAN DIEGO INC THE LIGHTHOUSE INC UNDERGROUND SERVICE ALERT UNION TRIBUNE UNION TRIBUNE PUB CO VERIZON WIRELESS WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS TRISTAR RISK MANAGEMENT y WARRANT REGISTER # 41 4/10/2012 DESCRIPTION MOP 45707 TRAFFIC CONTROL SUPPLY MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 3/20/12 - 4/02/12 125 PLAN REIMBURSEMENT R&M CITY VEHICLES FACILITIES GAS & ELECTRIC TRAVEL REIMB/ATTORNEY SPRING CONE MOP 45756. SUPPLIES / CSD MOP 45758 FUEL MOP 45704 MATERIALS & SUPPLIES MOP 61744. COMPUTER SUPPLIES/ MIS FOOD & CONSUMABLES / NUTRITION TIRES / PW MOP 45726 AUTO PARTS UNDERGROUND SRVC ALERT CHRGS ADVERTISING/PLANNING COMMISSION LEGAL NOTICES ADVERTISING FY2012 VERIZON WIRELESS PHONE SVC / LIB MOP 45763. ELECTRIC SUPP/ MIS MAR 2012 WC REPLENISHMENT GRAND TOTAL 2/2 CHK NO DATE AMOUNT 301547 4/10/12 2,177.59 301548 4/10112 334.60 301549 4/10/12 270,254.89 301550 4/10/12 453.00 301551 4/10/12 1,863.51 301552 4/10/12 9,611.86 301553 4/10/12 140.97 301554 4/10/12 161.97 301555 4/10/12 16.64 301556 4/10/12 1,072.94 301557 4/10/12 219.29 301558 4/10/12 4,527.54 301559 4/10/12 932.53 301560 4/10/12 98.16 301561 4/10/12 201.00 301562 4/10/12 323.60 301563 4/10/12 647.60 301564 4/10/12 217 — 301565 4/10/12 C A/P Total 406,148.22 68360 4/10/12 75,056.95 $ 481,205.17 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA NORRDIN,FIINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND TI-IF. CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON "THE 1 s' OF MAY, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1, 20121 AGENDA ITEM NO. 17 EM TITLE: Public Hearing No. 2 of 2 on the allocation of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program entitlement funds appropriated for 2012/2013, accrued program income, and funds remaining from completed projects to CDBG and HOME activities recommended for inclusion in the 2012/2013 Annual Action Plan submitted to the United States Department of Housing and Urban Development. (Administrative Services, Housing and Grants) PREPARED BY: (Carlos J. Aguirre, Comm. Dev. Specialist II DEPARTMENT: Adative Services PHONE: (619) 336-4391' APPROVED EXPLANATION: 1ln accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The 2010-2015 Consolidated Plan outlines the City's housing and non -housing community development needs and priorities over five years. The Third -Year Action Plan for FY 2012-13 outlines how the City intends to spend $778,762 in federal Community Development Block Grant (CDBG) and $251,533 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City is reprogramming $87,240 remaining from completed CDBG activities and allocating $531,765 in CDBG program income as well as reallocating $902,072 in uncommitted HOME Program funds and allocating $2,235,107 in HOME program income. The second Public Hearing will be conducted to review public comments received during a 30-day public review period (March 27, 2012 through April26, 2012) of the draft FY2012-13 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the ""BG and HOME Program activities being proposed for FY2012-13. After all public comments have been considered his public hearing, the City Council will consider authorizing the allocation of the activities listed in Attachment No. 1 or This report and including them in the Third -Year Action Ran (2012-2013) to be submittdto j4U2. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City will receive $778,762 in CDBG Program and $251,533 in HOME Program funds r FY2013. In addition, the City will allocate to FY2013 activities $531,765 of CDBG program income from Fund 506 and $2,235,107 of program income from Fund 505. The City will also reallocate $87,240 remaining from completed CDBG activities and $902,073 from uncommitted HOME funds. ENVIRONMENTAL REVIEW: The development of the Annual Action Plan is exempt from NEPA environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 'Conduct the Public Hearing.. BOARD / COMMISSION RECOMMENDATION: ,Not applicable to this report. ATTACHMENTS: achment No. 1: FY2012-2013 Annual Action Plan Recommended Activities .....achment No. 2: FY2012-2013 Action Plan Timeline Attachment No. 3: 2010-2015 Housing and Community Development Priorities and Specific Objectives Attachment No. 4: Notice of Public Hearing Attachment No. 1 FY 2012-2013 National City CDBG and HOME Investment Partnerships Program Funding proposed for Final Allocation on May 1,-2012 HUD FY2012 CDBG Entitlement: $778,762 HUD FY2012 HOME Entitlement: $251,533 CDBG Program Income: $531,765 HOME Program Income: $2,235,107 CDBG Previous Year Reallocation' 87 240 Uncommitted HOME Funds: 902 073 �t cq�y'yp1 browitozo Applicant Name Program Name Activity Allocation CDBG Public Service City of National City, Community Services Department At Risk Youth After School Teen Program - "Supreme Teens" $20,000 City of National City, Neighborhood Services Department Homeless Assistance Program $34,386 City of National City, Community Services Department Learn to Swim $32,856 $52,000 City of National City, Public Library Literacy Services South Bay Community Services National City Police Department Support Services: Juvenile Diversion $20,000 City of National City, Community Services Department Tiny Tots $29,337 Trauma Intervention Programs of San Diego County, Inc. Trauma Intervention Program $8,000 CDBG Code Enforcement City of National City, Neighborhood Services Department Housing Inspection Program $120,055 CDBG Interim Assistance City of National City, Neighborhood Services Department Neighborhood Preservation $113,745 CDBG Public Facility Improvements La Maestra Family Clinic, Inc. La Maestra Dental Clinic, National City $27,404 CDBG Public Infrastructure Improvements City of National City, Development Services Department Concrete Improvements to Upgrade Pedestrian Ramps, Sidewalk, Curb, and Gutter $220,657 CDBG Section 108 Loan City of National City, Fire Department Fire Station 34-Section 108 Loan Payment FY11-12 $204,361 City of National City, Fire Department Fire Station 34-Section 108 Loan Payment FY12-13 $252,862 CDBG Planning/Administration City of National City, Community Services Department Neighborhood Councils Program $15,000 City of National City, Housing & Grants CDBG Program Administration $209,105 Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education $38,000 Total CDBGProgam'''Funds -Pendin9.Allocation:' $1497,768 HOME;P:maram ;.ateM r .; , a; San Diego Habitat for Humanity Acquisition Rehabilitation for Homeownership Program $650,000 Community HousingWorks Realilty & Lending Homebuyer's Downpayment Assistance Program- $200,000 City of National City Housing and Grants National City Owner -Occupied Rehabilitation Program $290,049 Paradise Creek Housing Partners, L.P./Community HousingWorks (CHDO) Predevelopment Loan for the West Side Transit Oriented Development Project $2,000,000 City of National City, Housing and Grants Program Adminsitration $248,664 Total HOME Program Funds`Pendin$ Allocation: ' ' $3,388,713 Page 1 of 1 Attachment No. 2 City of National City FY 2012-2013 Annual Action Plan Development Timeline U.S. Department of HUD CDBG and HOME Programs November 15, 2011 (Tuesday): City Council Presentation on the HUD Consolidated Plan Priorities and Annual Action Plan Process 6:00 pm November 29, 2011 (Tuesday): FY 2012-13 CDBG/HOME Grant Funding Applications Available for Distribution City Hall Clerks Office, Finance Department Counter, and City of National City Website December 6, 2011 (Tuesday): CDBG/HOME Technical Assistance Workshop for Grant Applicants 10:00 a.m.- 12:00 p.m. MLK Center - South Mtg. Room January - March 2012 Drafting of FY 2012-13 Action Plan January 10, 2012 (Tuesday): CDBG/ HOME Application Submission Deadline Due by 2:00 p.m. at the City Clerks Office or at the Finance Department Counter February 7, 2012 (Tuesday): Distribution of CDBG/HOME Grant Application Binders to the City Council February 21, 2012 (Tuesday): CDBG/HOME Program Applicant Presentations 6:00 p.m. City Hall Council Chambers March 20, 2012 (Tuesday): City Council Public Hearing No. 1- Applicant Grant Funding Recommendations (Decision Making Meeting) 6:00 p.m. City Hall Council Chambers March 27, 2012 to April 26, 2012 Mandatory 30-Day Public Review FY 2012-13 Action Plan May 1, 2012 (Tuesday): City Council Final Public Hearing No. 2 - Approval of the FY 2012-13 Action Plan and revised Public Participation Plan 6:00 p.m. City Hall Council Chambers May 14, 2012 (Monday): Submission of the FY 2012-13 Action Plan to HUD Page 1 of 1 Attachment No. 3 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC HOUSING (H) PLAN PRIORITIES AND OBJECTIVES Priority H-1 Conserve and improve affordable housing Summary: In order to maintain quality structures and living spaces in National City, the City prioritizes single- family and multi -family rehabilitation programs to provide assistance for repairs and rehabilitation, especially for affordable housing stock. Objective 1: Minor Home Rehabilitation Provide funding for minor rehabilitation of 50 units. Objective 2: Ownership Housing Rehabilitation Program Provide funding (loans and rebates) to rehabilitate/repair 15 single-family housing units. Objective 3: Rental Unit Rehabilitation Program Provide loans to owners of rental housing to rehabilitate/repair 12 units, in return for a deed restriction to maintain units affordable. Objective 4: Housing Inspection Program Provide funding to assist 150 housing units with housing inspections that will provide technical assistance to property owners with regards to code enforcement and violations. Objective 5: Lead -Based Paint Hazard Reduction Continue to educate residents on health dangers of lead; require testing and lead hazard reduction in conjunction with rehabilitation. Priority H-2 Provide first-time homebuyer opportunities Summary: Develop program that will provide financial assistance through loans and/or grants to help first-time homebuyers. Objective 1: Provide homeownership assistance to 33 households. Priority H-3 Support new affordable housing construction Summary: City will work with for -profit and non-profit housing developers to acquire, rehabilitate, and construct new affordable housing units. Objective 1: Support the rehabilitation and/or construction of 50 affordable housing units. Priority H-4 Promote equal housing opportunity Summary: Contract with the Fair Housing Council of San Diego to perform investigation, reporting, monitoring, tenant counseling, and landlord training on fair housing law. Objective 1: Provide assistance to fair housing counseling and enforcement organizations. Annually evaluate services provided. Seek to assist 250 households. Objective 2: Actively advertise the services provided to National City residents in public locations. Objective 3: Continue to comply with the fair housing planning requirements of CDBG & HOME programs. Page 1 of 3 Attachment No. 3 Priority H-5 Preserve assisted housing at risk of converting to market rate Summary: Two projects with 260 federally assisted units are at risk of converting to market rate. City will implement the following objectives to conserve affordable housing stock at risk of conversion. Objective 1: Monitor units at -risk of converting to market rate. Objective 2: Establish contact with agencies interested in purchasing and/or managing units. Objective 3: Work with tenants and provide them with information of other affordable housing opportunities. Objective 4: Assist tenants of at -risk housing to obtain priority status for Section-8 if conversion to market rate. Priority H-6 Support housing and services for homeless and persons at -risk of homelessness Summary: National City if a part of the San Diego Continuum of Care System and addresses homeless issues in the community through the continuum of care model. The National City Housing Authority and CDBG funds can also be used to provide supportive services to the homeless and those at -risk of becoming homeless. Objective 1: Continue to support and participate in the San Diego Continuum of Care System. Objective 2: Coordinate with Emergency Food and Shelter Programs to bring funds into the region. Objective 3: Assist 300 persons by providing assistance to agencies and organizations that provide services to the homeless and/or persons at -risk of homelessness. Identified funding source: Homelessness Prevention and Rapid Re -Housing Program (HPRP) Page 2 of 3 Attachment No. 3 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC COMMUNITY DEVELOPMENT (CD) PLAN PRIORITIES AND OBJECTIVES Priority CD-7 Provide for new and improve existing community facilities Summary: CDBG funds may be used to improve and expand parks and recreation facilities, to assist in the construction, expansion, and/or rehabilitation of other non -City owned community facilities serving the City's low- and moderate -income population and people with special needs. CDBG funds may also be used for new fire facilities and equipment if needed. In the past, CDBG funds leveraged a Section 108 loan for these purposes. The City's 5-year Capital Improvement Plan (CIP) identifies capital project needs; some of these projects have been identified as priorities for the Consolidate Plan 5-year period, including improvements to be made with regard to ADA compliance. Objective 1: Pursue 3 improvement projects to parks, recreational, and community facilities annually, for a total of 15 projects during the five-year Consolidated Plan period. Objective 2: Continue to prioritize repayment of the Section 108 loan, allocating CDBG funds and program income. Priority CD-8 Provide for needed infrastructure improvements in low- and moderate -income areas Summary: Street and sidewalk improvements are needed in low- and moderate -income areas to support continued investment. In addition, flood control projects have been identified as priorities. Obiective 1: Pursue 2 flood control and 15 street improvement projects. Priority CD-9 Provide for needed community and supportive services Summary: The public outreach process identified homeless and emergency food services, senior services, childcare, and especially youth services, and crime awareness/prevention as priority services. Objective 1: Pursue public services for lower -income and special needs populations as identified on a yearly basis. Assist 8,350 persons or households over the five-year Consolidated Plan period. Priority CD-10 Provide for necessary planning activities Summary: To ensure the effective use of limited CDBG and HOME funds, the City must allocate money towards planning and monitoring. Preparation of annual updates allows the City to address the community's changing needs. Continued outreach to low- and moderate -income households should be conducted as part of the CDBG program's required public participation process. Objective 1: Annually review implementation of Consolidated Plan and update Action Plan as necessary. Objective 2: Conduct monitoring of CDBG and HOME funded activities. Objective 3: Ensure understanding of changing community needs through coordination with the Neighborhood Councils. Objective 4: Support efforts to increase volunteerism in the community in order to assist in the removal of blight and increase community engagement. Page 3 of 3 Attachment No. 4 PUBLIC NOTICE CITY OF NATIONAL CITY 30 DAY PUBLIC REVIEW PERIOD AND FINAL PUBLIC HEARING FOR THE DRAFT FY 2012-2013 ANNUAL ACTION PLAN Notice is hereby given by the City of National City that the draft Annual Action Plan for Fiscal Year (FY) 2012-2013 has been prepared. The Consolidated Annual Action Plan for FY2012-2013 outlines how the City plans to expend $1,397,768 in federal Community Development Block Grant funds (CDBG) and $3,388,713 in IIOME Investment Partnerships (HOME) Program funds. In accordance with the federal regulations at 24 CFR, Part 91, the City of National City is required to prepare and submit an Annual Action Plan for its Housing and Community Development Programs to the U.S. Department of Housing and Urban Development (HUD). In order to obtain the views of residents, public agencies, and other interested parties, the City of National City has placed a copy of the draft Annual Action Plan for FY2012-2013 at the Office of the City Clerk, 1243 National City Blvd., First Floor, National City, during normal hours of operation beginning Tuesday. March 27, 2012. The document will also be available on the City's website at www.nationalcityca.gov through the Housing and Grants Division's CDBG and HOME Program webpage. The information will be available for public review for 30 days. Public comment on the draft Annual Action Plan for FY 2012-2013 can be directed by mail to the City ofNational City Housing and Grants Division. 1243 National City Blvd., National City, CA 91950, by email to housing@nationalcityca.gov, or by fax to (619) 336-4286. The FY2012-2013 Annual Action Plan contains the following major components: 1. Identification of federal and non-federal resources reasonably expected to be made available during the program year. 2. A list of activities to be undertaken during the program year to address community development and housing needs. 3. Identification of homeless and special needs activities to be undertaken during the program year to address identified needs within the City. Notice is hereby also given that the City of National City will hold the last of two public hearings on Tuesday, May 1, 2012 at 6:00 p.m. at City Council Chambers, on the second floor of City Hall, 1243 National City Blvd., to review written comments and obtain final testimony on the proposed use of funds for FY2012-2013. The final FY2012-2013 Annual Action Plan will be submitted to HUD for review and acceptance on or before May 15, 2012. For more information regarding this process, please contact the Housing and Grants Division at (619) 336- 4391. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. Please contact the Office of the City Clerk 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. Para que le interpreten la informacion en espanol, Ilame al (619) 336-4391. Leslie Deese, City Manager City ofNational City Published in the San Diego Union Tribune Tuesday, March 27, 2012 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1, 2012 AGENDA ITEM NO. 18 .. EM TITLE: Resolution of the City Council of the City of National City authorizing the allocation of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program entitlement funds appropriated for 2012/2013, accrued program income, and funds remaining from completed projects to CDBG and HOME activities recommended for inclusion in the 2012/2013 Annual Action Plan and authorizing the submission of said Plan to the United States Department of Housing and Urban Development. (Administrative Services, Housing and Grants) PREPARED BY: Carlos J. Aguirre, Comm. Dev. Specialist II', DEPARTMENT: Admi tive Services PHONE: (619) 336-4391', APPROVED B EXPLANATION: In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The 2010-2015 Consolidated Plan outlines the City's housing and non -housing community development needs and priorities over five years. The Third -Year Action Plan for FY 2012-13 outlines how the City intends to spend $778,762 in federal Community Development Block Grant (CDBG) and $251,533 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City is reprogramming $87,240 remaining from completed CDBG activities and allocating $531,765 in CDBG program income as well as reallocating $902,072 in uncommitted HOME Program funds and allocating $2,235,107 in HOME program income. The second Public Hearing will be conducted to review public comments received during a 30-day public review period (March 27, 2012 through April 26, 2012) of the draft FY2012-13 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the 3G and HOME Program activities being proposed for FY2012-13. After all public comments have been considered its public hearing, the City Council will consider authorizing the allocation of the activities listed in Attachment No. 1 of the Public Hearing report and including them in the Third -Year Action Plan (2012-2013) to fye submitted to HUD. FINANCIAL STATEMENT: APPROVED: ) Finance ACCOUNT NO. APPROVED: MIS The City will receive $778,762 in CDBG Program and $251,533 in HOME Program funds or FY2013. In addition, the City will allocate to FY2013 activities $531,765 of CDBG program income from Fund 506 and $2,235,107 of program income from Fund 505. The City will also reallocate $87,240 remaining from completed CDBG activities and $902,073 from uncommitted HOME funds. ENVIRONMENTAL REVIEW: the development of the 2012-2013 Annual Action Plan is exempt from NEPA environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 4dopt the Resolution BOARD 1 COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: RESOLUTION 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM ENTITLEMENT FUNDS APPROPRIATED FOR 2012/2013, ACCRUED PROGRAM INCOME, AND FUNDS REMAINING FROM COMPLETED PROJECTS TO CDBG AND HOME ACTIVITIES RECOMMENDED FOR INCLUSION IN THE 2012/2013 ANNUAL ACTION PLAN, AND AUTHORIZING THE SUBMISSION OF SAID PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, as an entitlement community, the City of National City ("City") administers the Community Development Block Grant ("CDBG") and the Home Investment Partnerships Act ("HOME") Program for the Federal Government under the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, in accordance with the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit an Annual Action Plan for its Housing and Community Development Programs in accordance with the needs and priorities established in the Five -Year Consolidated Plan approved by the City Council on May 4, 2010; and WHEREAS, HUD requires that all CDBG and HOME Program entitlement communities, such as the City of National City, hold at least two public hearings and a 30-day public comment period to solicit input on the Annual Action Plan, which includes a reallocation of entitlement funds awarded in previous years, and program income receipted by the City; and WHEREAS, the City Council conducted a duly advertised public hearing on March 20, 2012 and May 1, 2012, to receive input from the public; and WHEREAS, the City placed the draft Annual Action Plan, which includes a list of proposed activities for the CDBG and HOME Programs and the intent to reallocate funds for a duly advertised 30-day public comment period, on the City's website and in the Office of the City Clerk from March 27 to April 26, 2012; and WHEREAS, the City will incorporate any comment received during the 30-day public comment period in the final submission of said Plan by May 15, 2012; and WHEREAS, HUD has released entitlement appropriations for the City of $778,762 for CDBG, and $251,533 for HOME Program activities that have been used to determine the Annual Action Plan activities to consider for funding, hereto attached as Exhibit "A"; and WHEREAS, staff has identified and verified the availability of $87,240 in CDBG funds remaining from previous year projects that have been completed, and $902,073 in HOME funds remaining uncommitted as of July 1, 2012 to, supplement the funding of activities listed in the FY 2012-2013 Annual Action Plan as listed in Exhibit "A"; and WHEREAS, staff has also identified and verified program income received for the CDBG and HOME Programs, and staff recommends the reallocation of CDBG Program income in the amount of $531,765, and HOME Program income in the amount $2,235,107 to supplement the funding of activities listed in the FY 2012-2013 Annual Action Plan as listed in Exhibit "A". Resolution No. 2012 — May 1,2012 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reallocation of $87,240 in CBDG funds remaining from completed projects, and $902,073 in uncommitted HOME funds, $531,765 in CDBG Program income, and $2,235,107 in HOME Program income to supplement the funding of activities included in the FY 2012-2013 Annual Action Plan. BE IT FURTHER RESOLVED that the City Council authorizes the submission of the FY 2012-2013 Annual Action Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development. BE IT FURTHER RESOLVED that City Manager is hereby authorized to execute in name of the City of National City the final submission of the Fiscal Year 2012-2013 Annual Action Plan, certifications, and agreements required by HUD for the full implementation of the activities funded under said Plan. PASSED and ADOPTED this lst day of May, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Resol 2012- hibit A ;` ' O1 '-: a h t: ippooi3G nCI 10MEjnuestment_Partdos i ,s P-rp ram2F ntoeat Alfa 0 :2 i i .+, HUD FY2012 CDBG Entitlement: $778,762 HUD FY2012 HOME Entitlement: $251,533 CDBG Program Income: $531,765 HOME Program Income: $2,235,107 CDBG Previous Year Reallocation: $87,240 Uncommitted HOME Funds: $902,073 t 0 . Io i " - 1 tal t7N E Av la le :% 20.9 3$$ 3 � Applicant Name Program Name Activity Allocation CDBG Public Service City of National City, Community Services Department At Risk Youth After School Teen Program - "Supreme Teens" $20,000 City of National City, Neighborhood Services Department Homeless Assistance Program $34,386 City of National City, Community Services Department Learn to Swim $32,856 City of National City, Public Library Literacy Services $52,000 South Bay Community Services National City Police Department Support Services: Juvenile Diversion $20,000 City of National City, Community Services Department Tiny Tots $29,337 Trauma Intervention Programs of San Diego County, Inc. Trauma Intervention Program $8,000 CDBG Code Enforcement City of National City, Neighborhood Services Department Housing Inspection Program $120,055 CDBG Interim Assistance City of National City, Neighborhood Services Department Neighborhood Preservation $113,745 CDBG Public Facility Improvements La Maestra Family Clinic, Inc. La Maestra Dental Clinic, National City $27,404 CDBG Public Infrastructure Improvements City of National City, Development Services Department Concrete Improvements to Upgrade Pedestrian Ramps, Sidewalk, Curb, and Gutter $220,657 CDBG Section 108 Loan City of National City, Fire Department Fire Station 34-Section 108 Loan Payment FY11-12 $204,361 City of National City, Fire Department Fire Station 34-Section 108 Loan Payment FY12-13 $252,862 CDBG Planning/Administration City of National City, Community Services Department Neighborhood Councils Program $15,000 City of National City, Housing & Grants CDBG Program Administration $209,105 Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education $38,000 _' ^' ^ �.`4 x 3 '' x„ OtaI,CDBG-Progam=Funds Pending,Allocation ,- v xrx $1 397;768 San Diego Habitat for Humanity Acquisition Rehabilitation for Homeownership Program $650,000 Community HousingWorks Realilty & Lending Homebuyer's Downpayment Assistance Program- $200,000 City of National City Housing and Grants National City Owner -Occupied Rehabilitation Program $290,049 Paradise Creek Housing Partners, L.P./Community HousingWorks (CHDO) Predevelopment Loan for the West Side Transit Oriented Development Project $2,000,000 Page 1 of 1 Resol Z012- libit A 3ttlJr4�! .YL� n 't 4L �'241,� IVational�Gity oa :S i. : ro i j 1@'f. �•-• - _ IC Bin arrd�f)ME�Invest�ent�'ttn�)� ps Program �nal��Icattotl:May'1�,��12 �, HUD FY2012 CDBG Entitlement: $778,762 CDBG Program Income: $531,765 CDBG Previous Year Reallocation: $87,240 HUD FY2012 HOME Entitlement: $251,533 HOME Program Income: $2,235,107 Uncommitted HOME Funds: $902,073 -11 vdili6 e, o Q. :: x��o=�; aat4t�O�V{. Val a epr10.e$�8 Applicant Name Program Name Activity Allocation City of National City, Housing and GrantsProgram Adminsitration $248,664 W'S33t380.43 r " -« _'' -- ;<. .ota1=:HOME' Pro gram faifila,, end ng Ailo±caticin Page 1 of 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT f TING DATE: May 1, 2012 AGENDA ITEM NO.19 .M TITLE: Resolution taking action on a Conditional Use Permit for the addition of beer sales to an existing wine CUP at Wal-Mart located at 1100 Highland Avenue (Applicant: WaI-Mart Stores, Inc) (Case File 2011-29 CUP) PARED BY: Martin Reeder, AICP DEPARTMENT: 336-4313 APPROVED BY. t.XPLANATION: 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. There was discussion at the meeting about the ability for Wal-Mart to continue in the pursuit of a Type 21 alcohol license (beer, wine, and distilled spirits) from the State Alcoholic Beverage Control (ABC), even though the CUP would not allow distilled spirits. An e-mail elaborating on the discussion and the ABC response is attached. The PowerPoint presentations shown by staff and the applicant at the previous meeting are also included for your review. FINANCIAL STATEMENT: ;COUNT NO. VIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) APPROVED: APPROVED: r RDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS TAFF RECOMMENDATION: Adopt the Resolution ,OARD / COMMISSION RECOMMENDATION: Approve ACHMENTS: Resolution E-mail Staff PowerPoint presentation Applicant's PowerPoint presentation 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, Wal-Mart has been operating with a license for off -site beer and wine sales, as issued by the California Department of Alcoholic Beverage Control, since 2003, for which a Conditional Use Permit (CUP-2003-12) was issued; and WHEREAS, said Conditional Use Permit allowed the sale of wine but prohibited the sale of beer or malt beverages; and WHEREAS, Wal-Mart applied for a modification of CUP-2003-12 in 2008 in order to add beer sales, but withdrew the application prior to completion; and WHEREAS, at the time of the proposed CUP modification for the sale of beer, there were instances of beer sales at Wal-Mart inconsistent with the Conditional Use Permit previously approved by the City. WHEREAS, WaI-Mart applied for a modification to their Conditional Use Permit for the addition of beer and distilled spirits sales to their existing CUP (which prohibited beer sales); and 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 WaI-Mart located at 1100 Highland Avenue at a duly advertised public hearing held on April 17, 2012, at which time oral and documentary evidence was presented; and Resolution No. 2012 — May 1, 2012 Page Two WHEREAS, during the April 17, 2012 public hearing, concerns were raised by members of the public regarding the secondary impacts of distilled spirits sales, including domestic violence and the attraction of or enabling of the local homeless population; 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 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. 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. Resolution No. 2012 — May 1, 2012 Page Three 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 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. 2. The sale of distilled spirits shall be prohibited unless this Conditional Use Permit is modified to allow such sales in the future. 3. 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. 4. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 5. 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. 6. 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. Resolution No. 2012 — May 1,2012 Page Four PLANNING 7. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. The display of alcoholic beverages shall be limited to an area in 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. Alcoholic beverages shall not be located in the same aisle as food items or other items marketed to children. 16. 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 Tess than one inch in height. The signs shall read as follows: Resolution No. 2012 — May 1,2012 Page Five a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 17. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 18. 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. 19. 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. 20. All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 21. The sale of alcoholic beverages shall be prohibited between the hours of 10 p.m. and 8 a.m. 22. 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. 23. All points of sale shall be programmed so that no alcohol transaction may be processed during non -alcohol sales hours. 24. The use of refrigerated coolers for any alcoholic beverages, including beer and wine, shall be prohibited. 25. 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 — May 1,2012 Page Six POLICE 26. 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. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Page 1 of 1 Martin Reeder From: Martin Reeder Sent: Wednesday, April 18, 2C12 4:01 PM To: Claudia Silva; Leslie Deese Cc: Brad Raulston Subject: Wal-Mart & ABC Good afternoon, I got a call back from ABC this afternoon about Wal-Mart and their request to pursue the Type 21 license (on -sale general [beer, wine, acid distilled spiritsj). Basically, ABC will not grant a Type 21 seeing as we are expressly forbidding the sale of distilled spirits. WaI-Mart would simply expand their activities under their existing Type 20 license (off -sale beer and wine). This does not affect us seeing as the type of ABC license is not mentioned in our resolutions. This would be a conversation between Wal-Mart and ABC. Thanks, Martin Reeder, AICP 'Assistant Planner City of National City Development Services Department ( Plann ng Division 1243 National City Blvd National City, CA 91950 mreeder nationalci yca.gov ( www_nationatcityca.gov P: 619-336-4313 (F: 619-336-4'2,21 the City of -National City is open Monday throagh Thursdays, 7:00 am to 6:00 pm; Offices are closed on Friday I PtF{saS' ch, pf tjn F'-EF!s?li l t�; `• £� :fir; ; 6}', 1 Public Hearing Conditional Use Permit for the addition of liquor and beer sales at Wal-Mart located at 1100 Highland Ave. 2011-29 CUP "A Natiowal City" Location , MIXG2_ Central Elementary sea Map: MXc 2—; l - -F Plaz a. Blvd- RS , Q i v a I moo i 1019 104R N 1020 - 7012 1101 1013 1.10 -f 1n,4 RM-2 .cc 2 40 1213 1100 0 r _ 1 1199 11 1221 �j \ 1205 1225 ..-A-1 \ • 1231 �., RM-3 \1\` 1320 _t2a5 MXC-2 - - _ �I ,1 �. , 1309 YL \,\ 1320 In 30 — 1329' — 1326 t. Q 1343 r "A Natiowal C:.t�" 2 Project Site/ History: 4 CAIIF DRNIA -• NATIONAL CITY �Cl�I 136,000 ft2 Wal-Mart at southwest corner of Highland & Plaza in MXD-2 zone. ➢ 14.6-acre site surrounded by commercial & residential uses. ➢ CUP-2003-12 approved July 2003 - non -refrigerated wine 8 a.m. - 10 p.m. CUP modification in 2008 to add beer — withdrawn. WaI-Mart currently open from 7 a.m. to 10 p.m. (24 hours a day from Thanksgiving to Christmas). "A Nati-ownL Citd" 3 Floor Plan: •. CALIFORNIA .4 NATIONAL Cl Proposed Use: y Addition of beer and distilled spirit -sales to existing CUP. r No changes in sales hours. Alt alcohol products to be stored on shelf at SW corner - 200 feet from store entrance. ➢ All alcohol storage non -refrigerated. "A Natiowal. CLt" ---,L, r� re., Ffill n., -41a IIGkAI•� .' 4 Nattov.ai 4 Analysis: r FAI IRDRRI4» NATIONAL CR)t l t pV flog ➢ LUC 18.30.050 allows alcohol sales with approved CUP. ➢Addition of beer and distilled spirits triggers CUP modification. Census tract has 8 off -sale licenses — 4 recommended. ➢Community meeting held 1/11/12 — one attendee. Meeting notice mailed and stated at Neighborhood Council meeting. "A Nat.cvval Gtt� •- Comments: CALIFORNIA NATiONALCiry .— . L Irsowu*m - PD Beat 20 — 2009 crime rate of 99.7%. ➢ Risk Assessment report allocated 14 points — medium risk. IPS ➢ Institute for Public Strategies report identified license concentration, need for RBSS (Responsible Beverage Sales and Service) training, and restriction of sales hours. Filed Appeal. Nattovol 5 Summary: o- CALIFORNIA+ NATIONAL CITp a r9�' 4.0.0‘00 Wal-Mart in business at this location since 2002. CUP approved in 2003. ➢ Although census tract is over -concentrated, no licenses being added. Modified CUP would provide current Conditions of Approval consistent with City policy. 'A Natiov al. cLty Floor Plan: R Natlon.al cite' 6 Walmart Save money. Live better. National City Conditional Use Permit for Alcohol Sales Walmart is a Responsible Community Member • Responsive to customers' requests for products, • Supportive of the City's commitment for the responsible sales of alcohol, • Responsible vendor of alcoholic beverages, • Setting a higher standard for the sale and security of off -sale alcohol in National City, • Provides a convenient one -stop shopping experience for residents. Walmart Save money. Live better_ 7 Walmart's Proposed Conditions No change to hours of alcohol sales • Remain 8:OOam to 10:OOpm • Liquor sales at front of store with security caps on bottles • Liquor shall be sold in containers not less than 750m1 Liquor storage to be secured and accessible only to Supervisors & Managers • Beer & wine aisle will be secured during restricted hours • Participation in Kimball Neighborhood Meeting Waimar Save money. Live better. 8 Responsible Vendor of Alcohol • Alcohol compliance training for all employees: — Approved forms of ID, — Pointers for spotting fake IDs, — ACE, • Assess (Does the customer appear under 40?), • Check ID for birth date, • Enter date of birth into register, • All cashiers must pass with 100% score annually, • Registers stop alcohol sales without DOB input, • Registers prohibit alcohol sales during restricted hours, programmed by Home Office. Walmart Save money. Live better. Public Safety • Security cameras throughout store — on alcohol display area — on building exterior, • Exterior lighting that meets City Code, • Asset Protection Egress Associates — Exit door Bag & Receipt checks, • Uniformed security patrol throughout Walmart property, • Electronic Cart Containment system and frequent cart collection by Associates. Walmart Save money. live better. 9 Outside Security Walmart `pp Save moneylive better. Appeal of Planning Commission Approval • Claim: Will increase outlets for liquor sales • Response: Yes, there will be a new, yet highly secure, outlet for liquor: — Restricted hours, — Maximum security of liquor, — Maximum security of beer & wine, — New standard for National City, — No net increase of ABC licenses. Walmart Save money. Live better. 10 Summary • Walmart is a responsible & active member of the community • Compliant with the City's concerns • Balance those concerns with Customers' demand • Setting a higher standard for the Community — Alcohol sales between 8:OOam & 10:OOpm — Locking caps and secure storage for liquor at the front of store — Beer & wine aisle will be secured during restricted hours • Request City Council uphold Planning Commission approval. Walmart Save money. Live better. 11 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1, 2012 AGENDA ITEM NO. 20 :M TITLE: Resolution of the City Council of the City of National City authorizing the development of necessary documents to refinance City of National City outstanding General Obligation Bonds, Election of 2002, Series A for the purpose of redeeming all bonds, pay transaction costs related to and to lower the current tax assessment to property owners within the City of National City, and approving its existing Financial Advisor Urban Futures, Estrada Hinojosa as Underwriter, and Jones Hall as Bond / Disclosure Counsel to provide services necessary to complete this task. (City Manaoerl PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City Manager PHONE: 336-4240 APPROVED _ o EXPLANATION: See attached Staff Report FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: See attached Staff Report BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: . Staff Report 2. Resolution Resolution of the City Council of the City of National City authorizing the development of necessary documents to refinance City of National City outstanding General Obligation Bonds, Election of 2002, Series A for the purpose of redeeming all bonds, pay transaction costs related to and to lower the current tax assessment to property owners within the City of National City and approving its existing Financial Advisor Urban Futures, Estrada Hinojosa as Underwriter, and Jones Hall as Bond / Disclosure Counsel to provide services necessary to complete this task SUMMARY RECOMMENDATION: Authorize staff to work with the City's financing team to develop all the necessary documents to refinance the City's outstanding General Obligation Bonds, Election of 2002, Series A for the purposes of redeeming all bonds, pay transaction costs related and to lower the current tax assessment to property owners within the City of National City. DISCUSSION: The subject bonds were issued pursuant to an Indenture of Trust, dated May 15, 2003 by the City of National City (the Issuer), in order to match State grant funds to fund design and construction of the City's Library located in the City of National City at 1401 National City Boulevard. The bonds are secured by a General Obligation property tax assessment approved by the voters in 2002. Because the bonds were issued with MBIA bond insurance, the Bonds were rated "AAA" by MBIA when investors purchased the bonds. Unfortunately MBIA has been downgraded to,"BBB" and as a result the bonds also received a downgrade from Standard & Poor's to "A" on June 5, 2009. The current rating represents the City underlying rating. Current Market Trends The Municipal market continues to hold at historically low rates. Yields in all maturities have been on average higher less than 2% of the time in the past 11 years. Currently, the 30-year Municipal Market Data (MMD) is at 3.42%. It is important to note that increases in municipal bond supply have begun to affect interest rates. Supply has been heavy with the State of California's $2 billion issuance of General Obligation bonds in March and anticipated issuance of $1.3 billion at the writing of this report. National supply for the next 30 days is expected to be $9.8 billion. As a result, MMD has increased slightly in recent weeks. However, the continued inflows into bond funds have meant that accounts still have cash to invest. Municipal bond funds have experienced inflows in all but two weeks in the last six months. Because of the fluid nature of the bond market, the City must respond to these opportunities in a timely manner to refinance outstanding callable bonds for saving to our tax payers. Refunding Opportunity The City's financial advisor has reviewed the City's outstanding debt and noted the City's 2002A Bonds can be refinanced for savings in today's market. Approximately $4.95 million of the 2002A Bonds are outstanding and callable on August 1, 2012 at 100%. Interest rates range from 3.70% to 5.57%. Additionally, the bonds carry a rating of "A" from Standard & Poor's. Should the City complete the refunding prior to August, savings will appear on the tax rolls starting in FY 2012-13. Financing Team Staff is proposing the City work with financial firms familiar with the City and the subject transaction, previously included in the request for proposal process and those firms selected by the Council to provided financial services to the City and CDC. Listed below are the recommended firms by responsibility: Financing Responsibility Firm Name Firm Lead Underwriter Estrada Hinojosa & Co Ruben Mendoza Bond / Disclosure Counsel Jones Hall Dave Fama Financial Advisor Urban Futures Inc Michael Busch FISCAL IMPACT: Based on current interest rates, a refunding of the 2002A Bonds would generate overall net present value (NPV) savings of roughly $235,000, or 4.6% of the refunded par amount of the bonds. Average annual savings to all affected property owners is equal to approximately $17,800, totaling $286,000 in savings over the life of the bonds. The savings is calculated after paying related financing fees and will be spread among the City's approximate 10,000 parcel owners based on taxable assessed values. The cost of financing, often referred to as the cost of issuance, is broken down below. The proposed fees are within the contractual rates for each of the firms included on the finance team. Cost of Issuance Amount Underwriter 34,620 Financial Advisor 30,000 Bond/Disclosure Counsel 36,000 Trustee & Counsel 3,500 Standard & Poor's Rating Fees 15,000 Verification Agent 2,000 Printing of Official Statement 2,500 California Debt Investment Advisory Commission (CDIAC) 750 Miscellaneous 5,000 RECOMMENDATION / REQUESTED ACTION: Staff recommends authorizing staff to work with the City's financing team to develop all the necessary documents to refinance the City's outstanding General Obligation Bonds, Election of 2002, Series A for the purposes of redeeming all bonds, pay transaction costs related and to lower the current tax assessment to property owners within the City of National City. Additionally, staff recommends the City continue to work with its existing Financial Advisor, Urban Futures, Jones Hall as Bond & Disclosure Counsel and Estrada Hinojosa & Company as Underwriter to provide services necessary to complete this task If the attached Resolution is approved by Council, staff will return at a later date to City Council with a resolution authorizing issuance and the related bond documentation. RESOLUTION 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE DEVELOPMENT OF NECESSARY DOCUMENTS TO REFINANCE CITY OF NATIONAL CITY OUTSTANDING GENERAL OBLIGATION BONDS, ELECTION OF 2002, SERIES A FOR THE PURPOSE OF REDEEMING ALL BONDS, PAY TRANSACTION COSTS RELATED TO AND TO LOWER THE CURRENT TAX ASSESSMENT TO PROPERTY OWNERS WITHIN THE CITY OF NATIONAL CITY, AND APPROVING ITS EXISTING FINANCIAL ADVISOR URBAN FUTURES, ESTRADA HINOJOSA AS UNDERWRITER, AND JONES HALL AS BOND/DISCLOSURE COUNSEL TO PROVIDE SERVICES NECESSARY TO COMPLETE THIS TASK WHEREAS, the City's outstanding General Obligation Bonds, Election of 2002, Series A, were issued pursuant to an Indenture of Trust, dated May 15, 2003, by the City of National City (the "Issuer") in order to match State grant funds to fund design and construction of the City's Library located in the City of National City at 1401 National City Boulevard; and WHEREAS, the bonds are secured by a General Obligation property tax assessment approved by the voters in 2002; and WHEREAS, because the bonds were issued with MBIA bond insurance, the Bonds were rated "AAA" by MBIA when investors purchased the bonds. Unfortunately MBIA has been downgraded to "BBB", and as a result the bonds also received a downgrade from Standard & Poor's to "A" on June 5, 2009. The current rating represents the City underlying rating. WHEREAS, Municipal bond funds have experienced inflows in all but two weeks in the last six months. Because of the fluid nature of the bond market, the City must respond to these opportunities in a timely manner to refinance outstanding callable bonds for saving to our tax payers; and WHEREAS, the City's financial advisor has reviewed the City's outstanding debt and noted the City's 2002A Bonds can be refinanced for savings in today's market. WHEREAS, should the City complete the refunding prior to August, savings will appear on the tax rolls starting in FY 2012-13; and WHEREAS, staff recommends the City work with the financial firms listed below (the "financing team") who are familiar with the City and the subject transaction, previously included in the request for proposal process and those firms selected by the City Council to provide bond related services to the City and CDC: FINANCING RESPONSIBILITY FIRM NAME FIRM LEAD Underwriter : Bond / Disclosure Counsel: Financial Advisor: Estrada Hinojosa & Co Jones Hall Urban Futures Inc Ruben Mendoza Dave Fama Michael Busch Resolution No. 2012 — May 1,2012 Page Two WHEREAS, based on current interest rates, a refunding of the 2002A Bonds would generate overall net present value ("NPV") savings of roughly $235,000, or 4.6% of the refunded par amount of the bonds. Average annual savings to all affected property owners is equal to approximately $17,800, totaling $286,000 in savings over the life of the bonds. The savings is calculated after paying related financing fees and will be spread among the City's approximate 10,000 parcel owners based on taxable assessed values; and WHEREAS, the cost of financing, often referred to as the cost of issuance, is broken down below. The proposed fees are within the contractual rates for each of the firms included on the finance team COST OF ISSUANCE AMOUNT Underwriter 34,620 Financial Advisor 30,000 Bond/Disclosure Counsel 36,000 Trustee & Counsel 3,500 Standard & Poor's Rating Fees 15,000 Verification Agent 2,000 Printing of Official Statement 2,500 California Debt Investment Advisory 750 Commission (CDIAC) Miscellaneous 5,000 TOTAL 129,370 ; and WHEREAS, the City desires to work with the financing team to develop all the necessary documents to refinance the City's outstanding General Obligation Bonds, Election of 2002, Series A for the purposes of redeeming all bonds, pay transaction costs related and to lower the current tax assessment to property owners within the City of National City; and WHEREAS, the City also desires continue to work with its existing Financial Advisor, Urban Futures, Jones Hall as Bond & Disclosure Counsel, and Estrada Hinojosa & Company as Underwriter, to provide services necessary to complete this task. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the development of necessary documents to refinance the City of National City's outstanding General Obligation Bonds, Election of 2002, Series A for the purpose of redeeming all bonds, pay transaction costs related to, and to lower the current tax assessment to property owners within the City of National City. Resolution No. 2012 — May 1,2012 Page Three BE IT FURTHER RESOLVED that the City Council hereby authorizes the City's existing financial advisor Urban Futures, Estrada Hinojosa as Underwriter, and Jones Hall as Bond/Disclosure Counsel, to provide the services necessary to complete the refinancing of the City's outstanding General Obligation Bonds, Election of 2002, Series. PASSED and ADOPTED this 1st day of May, 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 MFFTING DATE: May 1, 2012 AGENDA ITEM NO. 21 i EM TITLE: Authorization of the City Council of the City of National City for the issuance of a Request for Proposals for payroll / human resources information systems services including full automation of payroll processing. PREPARED BY: Stacey Stevenson DEPARTMENT: PHONE: 336-4308 APPROVED EXPLANATION: Refer to attached staff report. ve Services FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS There is no financial impact associated with this item. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Authorize the issuance of the Request for Proposals for payroll and human resources information systems services BOARD / COMMISSION RECOMMENDATION: N/A 'TACHMENTS: aff report Request for Proposals (RFP) solicitation document IxetmponAirsD -J CITY OF NATIONAL CITY MEMORANDUM DATE: May 1, 2012 TO: Honorable Mayor and City Council FROM: Stacey Stevenson, Human Resources Director SUBJECT: Staff Report - Authorization Of The City Council Of The City Of National City For The Issuance Of A Request For Proposals For Payroll / Human Resources Information Systems Services Including Full Automation Of Payroll Processing A stated priority of the City Council is the strategic use of automation as a tool to increase efficiency and effectiveness. The purpose of the proposed Request for Proposals (RFP) is to solicit vendors offering payroll processing software that will meet this objective. The City of National City currently has approximately 274 permanent employees and an additional 237 employees that are in a part-time hourly or temporary employment status. The current process for administering payroll for said employees is a combination of manual and electronic elements. With payroll processed 26 times a year on a biweekly basis, employees are required to prepare and submit a paper time sheet once every two weeks. The process of reviewing, inputting, auditing and running the payroll associated with these timesheets is a protracted, staff intensive exercise yielding minimal beneficial results. While the goal of issuing compensation to employees for hours in a paid status is met, little other useful data is achievable under the current system. The data provided by employees and maintained by the system is limited to the number of hours worked per day and the paid status for such hours (i.e time is attributed to: hours actually worked, vacation leave, sick leave, holidays, etc). The goal of the requested RFP process is to provide the City with a payroll solution that is capable of enhanced automation including electronic time entry and approval by employees and supervisors, and initial electronic audit of data via programmed rules by employee group. In addition, the RFP seeks a solution capable of tracking employee time in a more detailed manner, under which employees can account for their time by specific project or cost center. In doing so, the Finance Department and its client departments will have access to enhanced data that can be used as a driver in analyzing how staff resources are deployed and for such purposes as providing a foundation for cost and fee allocation. Such data collection and maintenance of cost allocation data is imperative in the City's efforts to track project and administrative costs associated with the current bond / capital improvements program. The City's current payroll Page 2 Staff Report - Authorization Of The City Council Of The City Of National City For The Issuance Of A Request For Proposals For Payroll / Human Resources Information Systems Services Including Full Automation Of Payroll Processing May 1, 2012 system does not have the ability to track information at the level warranted by the bond / capital improvements program. In addition to providing efficiency and automation in payroll, the RFP under discussion seeks a solution that can enhance the automation efforts underway in Human Resources, to include the automation of such controls as the tracking of legal mandated employee leaves and position tracking. As written, the intent is to seek to both improve service and lower costs through automation. Lower costs could be accomplished through direct savings, reduced staff time, or a combination of the two. A viable solution must have the capability of integrating with the City's current enterprise resource planning system and employee benefits system. This project is a joint effort of Finance, Human Resources and Management Information Systems (MIS). Based on the above, staff seeks authorization to issue a Request for Proposals to solicit vendors offering payroll processing software solutions in keeping with the City Council's objective of strategic automation. Consistent with other Requests for Proposal / Requests for Qualifications issued by the City, issuance of this RFP does not commit the City to make an award. enson Resources Director Request for Proposals Release Date: May 7, 2012 Proposal Due Date: June 4, 2012 Effective Date: October 9, 2012 Table of Contents 1. General Information o RFP Notice and Process Overview o Objectives o Functional Priorities o Evaluation Criteria o General Conditions and Stipulations o Instructions 2. Organization Background o Overview o Employment and Employment Status o Compensation o Benefits o Current Software o Time Entry 3. Required Vendor Infot`riiation System Capabi itte o Genexal t Yayrbtt r.. o Time and Attendance o Human Resources Servic Organizatill formation References Pricing Selection Process Contract Other Proposal Information City of National City Payroll HRIS RFP 2 1. General Information Request for Proposal Notice Notice is hereby given that the City of National City (City) will accept proposals for Payroll/HRIS services from qualified vendors. Proposals are to due to June 4, 2012. All questions and requests for clarification should be submitted by email to the IIuman Resources Department at hr(nznationalcityca.gov no later than May 28, 2012. All responses will be sent to each proposer who has been mailed or otherwise formally issued a copy of this Request for Proposal. You are invited to submit your Proposal for Payroll/HRIS services based ;on the information contained in this document. The City reserves the right to accept or reject any or all proposals and to waive formalities and select the service providehthat best meet the needs of the City and its employees. The City's objective is to select a service provider who will provide thebest possible service at the best possible cost while meeting: the Request for Proposal specifications. The City is not obligated to award the contract based on cost alone.' During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from vendors, or to allow corrections of errors or omissions. At the discretion ofthe City, frms submitting proposals may be requested to provide a demonstration and make oral presentations as part of the evaluation process. The City reserves the sole right toe aluate the qualifications submitted, waive any irregularities, reject any respondent's proposals and select the firm that, in its judgment, will provide the most satisfactory service. Timeline RFP responses are due ne 4, 22. The City expects to make a vendor selection in June. Payroll' 1 time and atte dance services are expected to transition on October 9, 2012. The table below outncs the City's anticipated schedule. These dates are subject to change. RFP issued May 7, 2012 RFP due June 4, 2012 Initial vendor evaluationsJune 5 - 11, 2012 Finalist demonstration erviews June 18, 2012 Negotiated agreement' July 12, 2012 Final Vendor Selection and Approval July 17, 2012 Effective date of payroll processing October 9, 2012 Finalists will be provided with an opportunity to perform an analysis of the City's current systems and processes in preparation for the demonstration phase. City of National City Payroll HRIS RFP 3 Organizations awarded the business shall submit an action -plan and timetable for assuming responsibilities to the City within 15 days of approval of the contract. City of National City Payroll HRIS RFP 4 Objectives Through automation, the City seeks to both improve service and lower costs. Lower costs could be accomplished through direct savings, reduced staff time, or a combination of the two. In addition, we have the following objectives: • To process payroll on time and accurately with minimal adjustments required by the employee or employer due to errors. • To automate data collection and approval functions, so that common tasks or requests such as time entry, benefits enrollment/changes, address changes, pay changes can be entered directly by the employee or manager and approved electronically. • To have a one -stop shop for all employment -related transactions' time and attendance, status changes, performance evaluations, training enrollment, positi n control, employee pay step increase schedules, etc. �r • To provide leaders and employees direct access to employment -related data and= workforce management tools so that they Can, ns this inbrmation in decision "making. We are looking for a solution that is: • Intuitive to understand by administrators and end users. • Flexible so that we can handle routine changes to our data or processes, such as adding a field, creating a report, or workflow'° process 'Ili minimal o ffside assistance or fees. • Reflects our complex organizational structure way thatallows us to access or report data easily and in a variety of combinations • Requires limited supipo' m IT function. Upgrades•would be included as part of the service. We arc looking for a vended[ that Provide best practices, nimplemenfat • • S xve as our "specialist' and provide relevant technical and legal updates. q� x§ae T , gable us to achieve automation d self service more rapidly than possible under our ent arrangement'''h. • Pr ' e us with a seasoned implementation team that will assist us in making an orderly transit • Providewith a reliable customer service center with experienced, informed staff that can respondour questions within minutes. We would prefer an assigned service team. Functional Priorities The successful vendor will provide a payroll and time attendance solution. The system should also include employee and manager self service. The City is interested in a human resources solution that incorporates performance evaluation tracking, safety management and training management. City of National City Payroll IIRIS RFP 5 Evaluation Criteria This RFP is not intended to favor any vendor. It is solely designed to provide the best value to the City in meeting organization needs. The evaluation team will review each proposal based on the following criteria: Application Functionality and Provided Services Each service provider will be asked to respond to the functionality requirements outlined in this RFP. The evaluation team will review the responses relative to the priority assigned to that functional requirement. Service providers do not have to meet everyfunctional requirement to remain in consideration. The evaluation team may waive or modify'a Sunctional requirement at its discretion. The evaluation team will also be reviewing the general°user interface of the system in terms of intuitiveness and simplicity. Implementation Costs and Service Fees The evaluation team will be looking for the best value,in terms of both cost and service features. The evaluation team will give higher weight to service providers'Quho can meet the functional requirements with a standard service fee, without addilional charges or implementation costs. It is also important that system upgrades are included as part ofthe standard service fee. Support Services The evaluation team will be looking for a seasoned .implementation Team that has experience with complex payrolls. Initial set up and training wild he `rit .cal factors in our ability to deliver desired results. The evaluationteam will review the support 4Oinmentation provided in conjunction with the contraccw,s .rvice. In addition, the evaluation team will be interested in the level of support prided after he implementation period. It is important that the service provider demonstrate"tha they can:Provide trained support staff for operational concerns over extended business hours. Itlsoimportant that the'support services provided include sharing technical/legal updates and b Level o/.fntegration f � Preference will be given to those vendors offering a fully integrated suite of products. Preference will also yen to those products thaat eliminate redundant entry and allow the City to maximize thh tential of empiyee and manager self-service. Preference will be given to vendors who a le to seami ssly interface with the current ERP or financial application. C H vSeFt. ..%s r�r Project Implementati To be successful, the City will need a strong relationship with the service provider during the implementation process. Preference will be given to those organization that show strong capabilities to implement and support all functions within the product. The City will also consider the implementation plan, the overall timing and duration of the project, and the technical capacity and experience of the vendor. General Conditions and Stipulations Indemnification and Workers' Compensation City of National City Payroll HRIS RFP 6 The Proposer agrees that if the contract is awarded to their institution, the institution shall defend, indemnify and hold harmless the City, its officials, agents, and employees from and against all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the Proposer's acts or omission in the performance of the duties required under the contract. Independent Contractor It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the partlgs hereto or as constituting the Service Provider as the agent, representative or employee of the City for any purpose or in any manner whatsoever. The Service Provider is to be and shall remain an independent contractor with respect to all services performed under this ontract. The Service Provider represents that it has, or will secure at its own expen ; all personnel required in performing services under this contract. Any and all personnel of the Servic 'rovider or other persons while so engaged, and any and all claims whatsoever on behalf of atir such person or personnel arising out of employment or alleged employment including, withoutwithoutlitiption, claims of discrimination against the Service Provider,' itsofficers, °agents, contracts°=orr employees shall in no way be the responsibility of the City; and the Service Provider shall defend, indemnify and hold the City, its officers, agents, and employes harmless from any and all such claims regardless of any determination of any pertinent tribunal agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the Cj`ty, including, w hout limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers''"Compensation, Unemployment Compensation, disability, and severance pays:' Audit The Seller or other patties relevant tt this agree to present an independent 3rd party audit of their books, records, documents, and accounting procedures and practices. Nondiscrininatio In the performance of this contract, the Successful Proposer shall not discriminate on the grounds of opitiCeattse of race, color, creed, rel gion. national origin, sex, marital status, status with regard to public a sistance, disability sexual orientation, or age against any of its employees, subcontractorsor applicants for4employment. The Successful Proposer shall include a similar provision in all`cif tracts with subcontracts to this contract. Miscellaneous The proposer agrees toyat all times observe and comply with all relevant laws, ordinances, regulations, and codes of the federal, state, and local government which may in any manner affect the preparation of proposals or the performance of the contract. Instructions Service providers can respond to the Request for Proposal by completing the information requested in Section 3: Required Vendor Information which includes system requirements, City of National City Payroll 1lR1S RFP 7 service, organization information, references and pricing. Responses should be typed directly on the electronic version of the RFP and returned with attachments. City of National City Payroll HRIS RFP 8 2. City of National City Background Overview Provide company over view here Compensation The City has a wide variety of pay types outside of normal wages, such°as:; • Standby/on call pay • Shift differential pay • Assignment pay • Holiday pay • Education pay • Bilingual pay • Longevity pay Generally, the City has relatively complex pay rules that reflect the breadth of its business ee groups governing all of the s compensation are current list of deductions, operations. The City currently has a total hof eight different en p City's job classifications. The specific rules governing an emplo dependent on the employee's job classification andd'employee grou benefits and accruals can be found in the attachments.' Benefits Benefit eligibility rstdei health -related benefits. Ha part-time groups �eeer of service. employee and ye Current v are ve benet J, a annual The City uses,Fn. software payroll and time a ttend resources modules a agreement for applicant{ ined by employment status,.Benefit eligible employees have the same er, leave benefits do Vary within the regular full-time and regular t nclu 4fi9nal vacation and sick leave accruals with some eutive or administrative leave accrual. Accruals vary by group its ERP and financial needs, the City is actively using the e capabilities. At this time, the City has deployed the human through Eden on a limited basis. The City has an annual service acking software through NeoGov. Function Current Software Payroll Eden Time and Attendance WinDSX, Telestaff HRIS Eden (limited) Applicant Tracking/Career Center NeoGov City of National City Payroll HRIS RFP 9 Roles and Responsibilities Employee life cycle management is currently a joint responsibility of the finance and human resources departments. Finance employs one full-time payroll technician. There are 3.0 FTE members on the human resources team. Finance is primarily responsible for payroll and for entering and maintaining the data within the Eden system. Human Resources is responsible for compensation, benefits and staffing. Both Finance and Human Resources maintain some duplicative employment data in its own spreadsheets and the Eden software system. Human Resources must provide accurate, timely information to finance when there are payroll implications. This is generally done through Eden entries via the H>modules that feed to the ' ix. finance modules. Prior to entry into Eden, a paper form is prepared by tl e interested department. The form is routed through HR for signature, to the Office of"the City Mger for signature and then returned to HR to be entered into Eden. The paper form is routed to Pace for record keeping. Time Entry City employees (200-450), with the exception of fire and poiiee^ ersonnel, enter their time manually using paper time sheets. The time, sheets are routed to a supervisor for approval then routed to finance where the data is entered unto the payroll modu Eden. Approximately 200- 250 of the City's employees are part-time hourly e iloyrees. Fire and Police personnel are scheduled electronically through Telestaff. The Telestaff data is transmitted to Eden (150-200). City of National City Payroll }IRIS RFP 10 3. Required Vendor Information System Requirements Provide a brief description in each section. Also note the software product or upgrade necessary for the functionality, if it is different than your base/core product. If multiple solutions are available, attach product comparison sheets. General Requirements Vendor Response Ability to interface with Eden financial module. Ability to import and export data from Microsoft Word, Excel and Access. System allows unlimited history. Does this require archiving records? Ability to "effective date" transactions, both in the past and future. System requires a single login to access all modules. Ability to make software ad s ents or add additional customizatiunto they w are as needed. Ability to create, track, re and inttun history on Gust f , . Ability to attach do umehtption� n employee's record. Ability toe , ate and populateCustom fields Ability to stare blank elect c form. Ability to stores' pleted elonic forms fii' ZL with an individual' oyerecord. System has conditional workflow capability (ie: approve/not approve) System can use email to communicate with employees or administrators for the purpose of workflows. Ability to establish notifications or triggers within the system. City of National City Payroll HRIS RFP 11 Ability to reverse deletions or additional confirmation is present when a deletion is requested. Ability to code reasons for changes to the system. Ability to identify and maintain a record of individuals creating and editing records. It will be necessary for the payroll data to interface with the City's general ledger through Eden. What would be required from us to make this successful? Name: any clients you have where you have established a similar interface. Once this interface is established, who is responsible for maintaining the integrity through system upgrades etc? Would the City have on sit flexibility to update the mapping tables? Is a tool available to drill down/analyze data posted to the general ledger? How do you handle system upgrades? Are upgrades included in the basic agreement or are additional fees assessed? What type of customization can clients do without incurring -additional fees? Who has res onsibilimaintaining for customization changes? Will customizations be overwritten in an upgrad y; Describe th modules How mud modules/app ri the payroll, time and attendance, and human resources tained in your system and is the amount consistent across Security Requirements Vendor Response Ability to restrict access to specific functions, files and data elements based on user profile or workstation ID. Ability to restrict users from viewing and/or editing at the field level. Ability for the City to manage system access without relying on the vendor. City of National City Payroll HRIS RFP 12 Ability to set up "mass" security profiles by employee group. Describe your approach to system security. Have there been any significant company security breaches in the last five years? Ilow do you handle security breaches? What happens when the system is accessed by someone without rights? What password authentication controls are utilized? Self Service Requirements Vendor Response Self service offers "real time" integration with payroll/IIR. Ability to customize information, reports and workflows offered through self-service to different employee groups. Ability to brand self service screens. Ability to offer reports through manager se service. Ability to access self-service from remote locations. Ability to establish link What functions within yeiqo e accessible. ra the web? What support wont quired from our IT department? How do~" assist organizations in rolling out self-service? What training would be available to employees a'rd or managers To what degree c3 ur sel service interface be customized? Reporting Requirements Vendor Response Ability to create customized reports with minimal training or vendor support. Ability to run reports based on past, present or future/"effective" dates. City of National City Payroll HRIS RFP 13 Ability to report or track changes made on the system with user name and date (audit report). Allows users to use a drop down menu when creating reports. Ability to view, on one screen, all of the fields related to an employee for the purpose of creating reports. Ability to create report templates. Ability to create custom reports using any fields available in the modules. y . Ability to save or export reports to Excel, PDF, Word, etc. Describe how the report writing tool works. Is the same tootu**d in all modules or do the reporting tools vary? What special features and functions make you oduct distinctive iWgeneral query and analysis? Describe how your report writer can filter data in multiple using any field? Can data be (business unit budget code) and human resources parameters sorted by both financial (organization level, j List or attach standard Describe thessO Office product before formatting occur? Attach a formatted report that was created using your sysm that includes an organization logo. ed through yor,•system. Please find attached. Are there an at repo' Does the data have to be exported to a Microsoft ds or data ticannot be used for reporting? Attach an audit rep Payroll ovfded through your system. Payroll Requirements Vendor Response System automatically calculates overtime. Ability to assign OT for hours worked or in a paid status over a 40 per week. City of National City Payroll HRIS RFP 14 Ability to assign pay to public safety employees based on a 7k exemption as allowed for in the California Labor Code. Ability to add additional pay in the form of lump sum payments or hours. Ability to calculate weighted average OT. Ability to see different types of premium pay* (e.g. holiday pay, standby pay) listed individually on pay statement. Ability to pay fixed premium pay amounts on a daily, weekly or monthly basis. Ability to see overtime pay listed as a separate item on pay statement. Ability to calculate automatically OT when pay premiums are present in addition to base pay. Ability to calculate benefits based on base pay when premium pay is present. Ability to leverage past employee data for rehire. Ability to easily flag or identify who is still active in the system but not Ability to store multiptes o master file. iving pay. Ability to assign time automatica business units y nflloyee Ability to e informasorte just bye y period on the ;a multiple week not Ability dle multiple time -off accrual systems. System autom. leave accruals. y calcul, and posts Ability to void checks',,, are shown in the gener cumber and reversals ledger in "real time". System automatically handles garnishment calculation, prioritization and pay. Ability to print two signatures on the pay check. Ability to process pay/manual checks outside of the normal pay cycle. City of National City Payroll HRIS RFP 15 Ability to transmit payroll data to the City's bank for direct deposit transactions. Allows data processed outside of payroll to be automatically posted to the general ledger. Ability to void and reissue checks. Allows employees to update home address, W- 4s through self service. Ability to handle special taxation rules for non- cash benefits such as long term disability, group life insurance and community center memberships. Ability to exclude paytypes from eligible earnings for calculations. F, , Ability to handle multiple rules based on employee group. xx *Premium Pay is pay outside of base pay or OT in the form of ours or lump sum amounts. For example, stand-by pay, bilingual pay or K 9 i. For non-exetnpt ar layees, premium usually must be added to the base pay for the purpose ofealculaling OT. Summarize the payroll services u provide that,Wbuld no loner need to be handled in-house. Does you organization ye the ability to fully takeover the administration of payroll? If so, r-z what would that process lea like'? Explain how"'the verification of payroll works. Attach a payroll exception report generated from your savare. Attach a payroll report that shows all of the deductions, benefits and accruals by employee. 3a pay period. Does your organization specifically handle deposit and filing of taxes and processing of W-2's or is it handled by a arty?es your organization file state unemployment insurance reports and quarterly tax returns (941)? Is this included in the base service or an additional fee? How is your organization assisting with the COBRA subsidy as part of the recent American Recovery and Reinvestment Act? How is your organization preparing for the pending requirement to report the cost of health care benefits on W-2 forms? City of National City Payroll HRIS RFP 16 Time and Attendance Schedules Requirements Vendor Response Ability to create, store and update individual employee schedules. Ability to request and approve time off or leaves in advance. Ability to pre -populate time with approved time off, leaves and holidays. Allows supervisor to make changes either to the schedule or reported time. , "= Ability to create an employee time off/leave calendar by group, division or department. Is this available through manager self-service? Allows supervisors of employees with multiple positions to see all schedules associated With employee. Supervisors can view schedules within their :,. workgroup and by employee. Ability to import scheduleAy;nx Ability for schedules tc opulateex h employee's time cad Time Tracking Ability to track h worked Ability to seat standa d o rs or schedules so that employees only enter xceptions;;y Ability r uire employeeassociatetime worked wit ' iness unit, b , et code, job code, project n er or pay t e...ideally with a customized drop t me. Ability to set default " ""des, business unit codes or project codesi n system. Ability for managers or finance staff to establish job codes or project codes in the system as needed. Ability to set a time frame and review both days and hours worked for FLMA, Workers Comp, mid period pay changes. City of National City Payroll HRIS RFI' 17 Ability for managers to view, for a specified period of time, hours worked by employee, budget code, job code, organization level and/or pay type. Approvals Allows for multiple individuals to approve time electronically. System generates automatic reminders to employees to approve or enter time. Allows for time approval by multiple supervisors when the employee holds multiple positions. Ability to flag leave time, comp time and OT, for approval. Allows manager or administrator to override-,_ time entries. �.r Ability for shift leader to enter or approve-OT and unscheduled leave at the end of a shilf� Overtime and Pay Rules Allows the employee to choose compensators, time in lieu of OT and allowthemployee to use compensatory time i lieu opl ve. Ability to flag hour 'ehe led or entered in excess of 40 when an employee is working multiple position Ability to supervisors when RTemployees appro OT. Ability . " dle complex pay rules wit regard to o e and specialty pay that vary by work group. Ability to calcula ghte average OT. Ability to handle OT w nit is both paid for hours in excess of scheduled hours for the day or hours over 40 in a week. Other System includes audit trail for entry changes. Allows time entry on-line and through time clock. City of National City Payroll HRIS RFP 18 Allows managers to apply filters when viewing time entries. Ability to capture time remotely either through the web, phone or wireless device. Allows time history to be maintained. Allows supervisors and administrators to run exception reports. Are time and attendance and payroll part of the same system? Separate modules? Separate software programs? How is full integration achieved for th,,customer? If time and attendance is a separate software program, is it coveted under th i same terms of agreement regarding customization and upgrades? Does it have a common self service user interface with the payroll/hr software? Is only one password required for both software applications? Describe how the time and attendance system can be used to;ectively and efficiently monitor time in a cost recovery environment. Describe how the time approval process is handled. How much down time as experienced by yourne and attendance system in the last two years? How was this ina aged to annimize disruptinn to the end users? Human Resources Organization Information Requirement Vendor Response Abilit track and run standard EEO eport. Abilliy 6 ort data to create; organization charts. Ability to track and organize linployee data based on: • Department and/or division • Manager • Budget Code • Employment location Ability for managers to update organization information online, such as reporting relationship or location, with approval. City of National City Payroll HRIS RFP 19 Ability to support employees that hold multiple positions with different department and pay rates. Ability to create FIE reports. Explain how an organizational chart is run? Does your system provide an employee filter or inquiry ability to soTt employees by gender, age, location, salary and experience? New Hire Requirement Vendor Response Ability to forward information from career center HRIS module (or third party career center software) into main HRIS system so data does not need to be reentered. {�la Ability to create a new hire workflow that enables human resources to notify, assign tasks, or collect data from multiple parties in the event of a new hire. Ability to enter new data be start date or start of payroll perio ectiv ting). Allows new hires to enter i - wa web portal p 6 ' date. Ability to store and sortby multiple hire dates (ie: date'first hired, date fir obtained "regular" b , oyment status Ability to tra :e-employme l: process activities such a testin hysicals and background checks. Ability to run a report ofnew hires prior to their start date. What is the information flow for a new hire? What information can an employee enter through self-service? What can a manager enter? What does payroll/human resources enter? City of National City Payroll HRIS RFP 20 Employee Termination Requirement Vendor Response Ability to track termination by reason, date, rehire eligibility and COBRA election. Ability to archive terminated employee information indefinitely. Ability to enter and track performance -related notes on an exiting employee. Ability to maintain information on property issued to an employee such laptops, keys etc." so that this property can be collected. _ M. Ability to track multiple hire and termination data for a single employee. > ;: Ability to create a termination workflow that enables human resources to notify, assign tasks, or collect data from multiple partiesin� the event of a termination. For example, to notify and record that computer access has been disabled. Time Off/Leaves of Absence Requirements Vendor Response System automatically upda aitoixand sick leave as d on pre,„ stablished°'' criteria. bility to assig rual err is (or , table dividual or grof employees. Ability fo! loyees and m gers to view leave is earned a taken, and the dates on which tcruals re used. f riodic leave Ability to track othe a�� pe accrual such as compeatory leave and furlough leave hours. Ability for employees to request time off through self service. Managers can approve or deny request through self service. Ability for employees and managers to view future accrual balances based on a point in time. City of National City Payroll HRIS RFP 21 Ability to hold approved time off requests until appropriate pay period. Approved time off automatically pre -populated in time and attendance. System automatically flags time off requests for both the manager and the employee when the employee will not have the required accrued amounts. Ability to require additional, approval from human resources. Ability to track leave type and dates as part of each employee's record. Ability to produce reports on leaves by organization, department or employee. Ability to track FMLA by individual on a rolling calendar year. A �ti Ability to do multiple coding for leave hours. For example, time off could be coded both as sick leave and FMLA. Ability to request and approve leave of absence (such as FMLA) electronically, including necessary legal notices`' ='w Ability to set leave accrual maxi' mains and to flag the employee when he or she approaching leave maximu Ability to map all of an individual employee' r, time off/leavesdurtng a. specified period and in a calendarformat. Available throughSelf-_, Y service How does yot.ii available for revie em track s. eduled leave versus leave actually taken? Is this information Compensation and Performance Management Requirements Vendor Response Ability to store compensation range information as part of the employee record. Ability to store step compensation ranges. For example, minimums, maximums, midpoints (or steps) City of National City Payroll HR1S RFP 22 Ability to do mass updates of base pay by employment status. Ability to assign start and stop dates to different types of premium pay. Allows employees to access current compensation and compensation range/plan information via self-service. Automatically generates approval process for manager and HR when an employee becomes eligible for a "step" increase. Allows managers to access compensation data for employees and to run reports. Allows managers to view general compensation plan structure. u, w , Allows HR, manager and employee to track pay history. Ability to track performance reviews, both, due date and date completed. System automatically notifies a manager when,, a performance review is due and overdue Ability to complete annual goal; and results (performance reviews) ine. Ability to store perfe review as part of the employee rk .; Ability to stork,.17*,,e.me dad _g. part'o employeeJrecord compensatio shared between your system and the City's ERP, Eden. Training and Development Requirements " Vendor Response Ability to store and • training requirements for each position. Allows HR, manager and employee to review employee's training history. Ability to distinguish who enrolled but did not complete or attend training. System automatically notifies HR, manager and/or employee when a required training is due. City of National City Payroll HRIS RFP 23 Ability to create a training development program for an associate Ability to apply for tuition reimbursement on- line. Ability to track tuition reimbursement by class, date approved, completion date and reimbursement amount. Ability of employee to view this data. Ability to run completion reports of specific training sessions by division, department or employee. Service Describe your approach to implementation. Provide a sample implementation timing and action plan for the City. Who would be assigned to the implementati.o ;team? What is their experience and background? What is the training process for the first payroll run? How many parallel run; Describe your support c tenure of your support cente support? If What regulatory f technical tram ages with reg oper ops, including hours and location. What is the average oti1011ie Ci be assigned an account representative for ience and tenure? How is back up support handled? do you rovide to ensure that your clients remain abreast of o payroll? What type of trairiingdo yo provide to ensure that your clients are aware of best practices and technological upgrad How are clients notified of system issues or downtime? How much down -time have you experienced over the last two years? Describe how you handle technological upgrades with your clients so that down time is minimized. Please attach all necessary and available SAS70 documentation. What written documentation is provided with your service? What type of information is available on your website? City of National City Payroll HRIS RFP 24 How is the quality of your support center monitored? Describe any formal quality programs you have in place. Review any available quality or performance data. What percentage of service calls are resolved upon first contact? If a call is not resolved, what is the process to resolve the issue? What types of issues are routinely resolved through service calls? What types of issues are likely to result in additional service charges? What is the ratio of support center staff to clients? On average, to have a call answered? Do you facilitate a user group? How does the user group - Organization Information g do clients have to wait Give a brief description of your organizations mission aridandibiikiness model. Indicate whether the business is a parent or a subsidiary in a grogcompanies. Where is your company headquartered and where is What is your primary business' What percentage of revenues doe Has your companyrreceive skest facility to National City'? s? When did -you enter the'payroll/HR outsourcing business? s business retresent? u distinguish yourself from the competition? Describe your client base ft�r payroll and HR services. What is the average size of your client? What i`s, our client retention ate? Ori fiverage, how long do your clients remain with you? What have yoti' verage ann sales been in the last five years? Has the company incurred an operating loss durrVthis peed? Describe your organiz on's approach to research and development? What percentage of annual revenue is reinvested in research and development of new technologies? Describe new technologies you have introduced in the last three years. References List any relevant clients within the same industry and client size that you work with. Provide contact information for at least three organizations. City of National City Payroll HRIS RFP 25 List two local clients of a similar size that have recently transitioned to your organization for payroll processing. Provide contact information. Pricing Describe implementation and service fees for the desired functionality as outlined in the RFP. In your pricing structure, please price separately the cost of a software solution and the cost of a full takeover of payroll administration. Describe any items that would require additional fees and the estimated'eost for those additional services. How long would the proposed fee structure remain Describe how your standard contract is structured. What fee increases have your clients exp rt%mod over the five ye SELECTION PROCESS This RFP does not indicat.a co fitment by the City to aw4d a contract to any successful respondent. The City, intcnds to eIpate the proposed services based upon the data presented in response to the RFP. The proposals will then be reviewed based on qualifications, specific experience, references, farort} services and pricing, and then rated according to and which compa ry`best; eets the #y's requirements. The firm s l ted shall be re r i fired to=enter into a contract for this service with the City of National City y contract resulting from this RFP shall not be effective unless, and until, approved by the+ yof National City, which may require City Council approval. Upon approval, the contract.art within 1 day after the award of the contract. Before the City executes a contract, the selected firm shall furnish the City certificates evidencing insurance, as required by the City of National City. The City shall be named as additional insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy. City of National City Payroll HRIS RFP 26 A sample contract is available for review. It is subject to change at the discretion of the City of National City. OTHER PROPOSAL INFORMATION A. Reservations Issuance of this RFP does not commit the City of National City to award a contract, to payanycosts incurred in the preparation of a response to th e nest, or to procure a P p P q� contract for services. The execution of any contract pursua nt to this RFP is dependent upon the approval of the City of National City, may rq� Ci1' Council approval. The City of National City reserves the right to waive any irregularitiesor informalities in the proposal or proposal process. The City of National City retains t e right to reject all submittals. Selection is also dependent upon tlemnegotiation of a mutual eceptable contract with the successful respondent. B. Acknowledgment of Amendments Each firm receiving a copy of this shall acknowledge fet of any amendment to this RFP by signing and returning the amLndrnen with the coeted proposal. The acknowledgment must be received by the Cit f National at the time and place specified for receipt of proposal. C. Additional Info to: stions regarlg this solicitation shall be submitted in writing tevenson .a . esources Director � atr'att 2th Street,'Suite A ity, CA 91950 nationalcityca.gov Respon /firms arautioned that any oral statements made that materially change any portio isI are not valid unless subsequently ratified by a formal written amendment to 4RFP. No technical questions that may materially change any portion of this RFP wile accepted during the seven calendar days prior to the time and date set for receipt of proposals. D. Right to Cancel The City reserves the right to cancel, for any or no reason, in part or in its entirety, this RFP, including but not limited to: selection schedule, submittal date, and submittal requirements. City of National City Payroll HRIS REP 27 E. Variations in Scope of Work The City Of National City may materially change the scope of work. Such changes may include additions, deletions, or other revisions within the general scope of RFP requirements. The City of National City reserves the right to waive the written requirement for a variation in the scope of work if, in the opinion of the City, such variation does not materially change the item or its performance within parameters acceptable to the City. F. Applicable Laws. The contract awarded shall be governed in all respect by taws of the State of California, and any litigation related to the contract or RFP hall be brought in the State of California, with a venue of the San Diego Superior Co'he firm awarded the contract shall comply with all applicable Federal ,State. and local la and regulations. G. Nonconforming Terms and Conditions. Any proposal that includes terms and condit ons hat do not conform to thelelms and conditions of this RFP is subject to rejection as non -responsive. The City of National City reserves the right to permit the respondent to withdraw on -conforming terms and conditions from its proposal prior tQ fiction by the City Ii tional City City Council to award a contract. H. Late Submissions. Any proposal recety or considered. E. Public Information er the date an me specifie for receipt shall not be accepted All documents received by fhi pity O f National City are considered public records and will,be made -available 'after the RFrselection for public inspection and copying upon uest. City of National City Payroll HRIS RFP 28 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1, 2012 AGENDA ITEM NO. 22 EM TITLE: Request to use the Martin Luther King Jr. Community Center (North and South Rooms) by National City Chamber of Commerce for the "Salute to Navy" luncheon on Wednesday, October 3, 2012, from 8:00 am to 3:00 pm. This event is co -sponsored by the City. PREPARED BY: Joe Smith DEPARTMENT: Public WOr PHONE: 336-4587 APPROVED BY: EXPLANATION: The Chamber of Commerce is requesting use of the Martin Luther King Jr. Community Center (North and South Rooms) for the annual "Salute to Navy" luncheon on Wednesday, October 3, 2012. The Chamber estimates approximately 350 attendees with 75% from National City. Fees: Non-Waivable Fee Refundable Deposits: Hall Fee $ 820.82 Facility Use Fee $50.00 Cleaning: $100.00 Kitchen $ 50.00 Kitchen: $ 60.00 Custodial $ 330.00 Chairs/Tables $ 297.50 Total $1,498.32 The total including non-waivable fees is $1,548.32. This is an event that is co -sponsored by the City of ional City and as such qualifies for City support of $1,000.00 per day per Council Policy 804. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. n/a APPROVED: Finance MIS Approval of request to use the Martin Luther King Jr. Community Center (North and South Rooms) will result in fees in the amount of $548.32 after City support waiver plus a refundable deposit of $160.00. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Facility Use Application with City support of $1,000 per day. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: :ility Use Application k..Citificate of Liability Insurance tiica € 11-111-NICIO� nn77 / .J0 - �- iscoRPORATLo City of National City Facility Use Application Rev.6/28/11 2100 Hoover Avenue National City, CA 91950 (619)336-4580 Fax (619)336-4594 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council. Facility Requested: please circle (Martin Luther King Jr. Buildin North Room South Room Entire Faciitity Date(s)ofUse: 08d1(15C{b. 0e44nr31 Ok1Day(s) of Use: V11IpAM da1j 08-objv 3 Q01 off_ Time of Use: From: 0 d (D/PM To: 3 0 0 AM —INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity$Q\V6_40 v,i L)fl(Ion Is the event open to the public? 54 Name & Address of Organization/Group:IJCee, I got Up: MA) OA I tvd k C 9 Vk D Non- profit organization No Tax ID # 95-1038 165_ Anticipated Maximum Attendance: 350 Percentage of National City Residents Will Admission be charged? 1'es3 Equipment Requested: 350 x Podium/Microphone Amount $ 6 U Will this be a Fund Raising Event? # of chaos # of banquet tables 1- **PLEASE ATTACH SEATING DIAGRAM 15 d1n %)0 Audio & Visual Equipment Required? (Please Specify) Lap -lop, rqi)--dowr1 SCrezf, 30 Sq °km 4bal- pools into cot\1 3b -()tl1(R>pi?Jxstj Use of Kitchen: j Yes No Is the Use of Alcohol Requested? Will other paid services be used (I. e, c ercial cats , DJ rem ' IZr own te: V al- ibis %mQ Phone: Use of Gas for Range and Oven: X Yes No Name: v'f 13a,a4 uFk jf or Phone: 0 r� SL' 11;uri How many times in the last twelve months have you requested to use a City Facility? M ay I l Te 0 c1 Ms.'- Rulv�M k> e It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. 3/1 f i L PRINT NAME:�(il`iV1. 'Itlfl th SIGNATURE: t ADDRESS OF APPLICANT: ,QL},t,0"I�Il� l:Ci �n I/V(J . QdI CITY, STATE, AND ZIP CODE: 1ltth r Cal . 911 50 PHONE: DAYt41111iV153 j FAX NUMBER: (L 3'4i1--5O1 CONTACT PERSON ON THE DAY OF THE EVENT:1)&111111 V TO II 1 5 0 PHONE:(1.v`p Lin-9339 CELL: M, .) 890--VON4 I DATE COMPLETED: HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. Public Works StaffOnly- Reatal Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY -USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: L t1 N1 MI Clt ,l.: o r mn Person in charge of activity lQCgok111im60 Address:lQ t 1110k0 fi' uc 1 9.jo Telephone61) 1�^ ? 1 E-Mail: 10.53 t�-'(r�.Ii1`i'(iC1� � �.0 r'Y� City Facilities and/ or property requested: 11ALK m11n4y \U Date(s) of use: VIA 6aYVaki. ae-Ober 3, ao 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 its officers, employees and agents from and against any and all claims, demands, costs, losses, Iiability or damages 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 or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. Signatu De Da e Certificate of Insurance Approved by Name and Title Safety/ Security Please describe your procedures for crowd control and internal security: S ill 1 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: Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: Organization must designate a person to ensure that alcohol is being • ed to persons 21 years of age or older. The designated alcohol server must also be years of age or older. Name: Contact phone number the day of event: YES NO Have you hired any Profess i al Security organization to handle Security arrangements for t ' : event? If YES, please list: Security Organization: Security Organization ' ddress: Security tor (Name): Phone: OP ID: TB A "`ir CERTIFICATE OF LIABILITY INSURANCE DATE(MM/OD/YYYY) 09/06/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(tes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requireanendorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorselgent(s). - PRODUCER 858-452-2200 Wateridge Insurance Services 10717 Sorrento Valley Rd. 858-452-8004 San Diego, CA 92121 R.B. Guy Insurance Agency,Inc. 'AMEN PHONE FAX AR:. No, ExI: /C, (ANo} A -Mali ADDRESS PRODUCER NCCHAMI CUSTOMER ID e: INSURER(S) AFFORDING COVERAGE MAC A INSURED National City Chamber of Commerce; Mile of Cars Assoc. 901 National City Boulevard National City, CA 91950 INSURER A: Assurance Company of America 19305 INSURER B : INSURER C: INSURER D : INSURER E : INSURER F : COVERAG CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL �ySR SUER BiL POLICY EFP POLICY EXP POLICY NUMBER LIMM/DDIYYYY)/ (MMIDDIYYYYJ LIMITS A ,,,___GENT GENERALUABIUTY COMMERCIAL GENERAL LIABILITY X PAS38912516 09/22/11 09/22/12 EACH OCCURRENCE $ 2,000,000 X DAMAGE TO RENTED PREMISES me omen:anal) $ 2,000,000 CLAIMS -MADE FX1 OCCUR MED EXP (Any one person) $ 10,000 PERSONAL B AOV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 AGGREGATE LIMIT POLICY PRO• APPLIES PER PRODUCTS - COMP/OP AGG $ 4,000,000 X I 11 i oc $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PAS38912516 09/22/11 09/22/12 COMBINED SINGLE LIMIT (Ea ace/dent) $ 1,000,0 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ X $ $ UMBRELLA LIAR EXCESS LAB OCCUR CLA/MS_MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) Ayes, describe under DESCRIPTION OF OPERATIONS Y! N N / A _ I TOR LIM S I I FR E.L EACH ACCIDENT $ below E.L DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remake Schedule I1 more space to required) THEEMPLOYEES, AND NATIONAL CITY, ASOTHEIR CIARESPECTIVE BOARDS,COMMISSIONS, ARE NAMED ADDITIONAL INSURED W/RESPECT TO GENERAL LIABILITY PER ATTACHED CG2012 06109. RE: NAMED INSURED% SIGNS LOCATED IN THE CITY LIMITS OF NATIONAL CITY CANCELLATION NAT1002 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 92050 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 tb 1888-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD NOTEPAD INSURED•s NAME National City Chamber of NCCHAMI race 2 OP ID: TB DATE 09/06/11 "*NAMED INSURED SCHEDULE READS AS FOLLOWS: NATIONAL CITY CHAMBER OF COMMERCE MILE OF CARS ASSOCIATION 1 National City Chamber of 1..} erce POLICY NUMBER: PAS38912516 COMMERCIAL GENERAL LIABILITY CG20120509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: As Required by Written Contract, Agreement or Permit Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- clude as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This Insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or au- thorization. CG20120509 2. This insurance does not apply to: a. "Bodily Injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". © Insurance Services Office, Inc., 2008 Page 1 of 1 0 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1, 2012 AGENDA ITEM NO. 23 EM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit modification for a shopping center located at 910-936 Highland Avenue (Applicant: Studio C Architects — Mark Swenson) (Case File 2012-08 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Plan g. PHONE: 336-4313 APPROVED BY: EXPLANATION: A CUP and Zone Variance for less than required parking was approved for the shopping center in 2003 with a condition limiting restaurant use to 1,500 square feet. The City recently approved a new restaurant (Wingstop) to locate in the space adjacent to the 1,500 square -foot suite. This suite is 1,696 square feet in size. In order to legitimize the location and size of this restaurant, the applicant is requesting to increase the maximum amount of restaurant space from 1,500 to 1,696 square feet. Since construction of the center, an additional parking space was picked up. With the addition of a proposed motorcycle parking space and the reduction of floor area since construction, the center would still be within the scope of the approved Zone Variance. Planning Commission conducted a public hearing on April 16, 2012. Commissioners asked questions regarding conditions of approval and modified language. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. attached Planning Commission staff report is attached and describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Farias, Flores, Pruitt, Reynolds Absent: DeLaPaz ATTACHMENTS: Location Map 3. Resolution No. 8-2012 Planning Commission Staff Report 4. Reduced Plans 8th Street MXC-2 O N O 0) N N 740 820 840 Central School 936 Plaza - Blvd CO O 815 845 903 MXC-2 1 1 927 Q mD 943 MXD-2 1100 CO 1000 1020 CO 0 w MXD-2 1019 Subject Parcel — — — Zone Boundary I I I !Feet 0 75 150 300 APN: 556-492-17 to21 Planning. Commission Location Map 2012-08 CUP 04.03.12 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant Property owner: Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 3 April 16, 2012 PUBLIC HEARING — CONDITIONAL USE PERMIT MODIFICATION FOR A SHOPPING CENTER LOCATED AT 910-936 HIGHLAND AVENUE. 2012-08 CUP Northwest corner of Highland Ave. and Plaza Blvd. 556-492-17 to 21 Martin Reeder, AICP — Assistant Planner Studio C Architects — Mark Swenson MJK Real Estate Holding Co. LLC MXC-2 (Major Mixed -Use Corridor) Commercial use / MXC-2 Commercial use across Highland! MXC-2 Commercial use across Plaza Blvd / MXD-2 Central Elementary School / Not a project under CEQA 2 BACKGROUND Site Characteristics The project site is a part of a small commercial strip center located at the northwest corner of Highland Avenue and Plaza Boulevard in the MXC-2 (Major Mixed -Use Corridor) zone. The whole center is developed with three buildings. There are 53 parking spaces distributed throughout the whole center. History A Conditional Use Permit was approved for the commercial center in 2003, with a Zone Variance for Tess than required parking. 52 spaces were provided where 66 were needed per the requirement at that time, which was one space per 200 square feet of leasable area. A Condition of Approval limited the amount of overall restaurant space to 1,500 square feet due to the shortage of parking on the site_ The 1,500 square -foot suite was last occupied as a food use by Quizno's. When this business closed it was then occupied by a wireless store. No restaurant use occupied the center until 2011, when a building permit was approved for a new restaurant (Wingstop), adjacent to the former restaurant space. Furthermore, the City approved a Conditional Use Permit for the on -site sale of beer and wine at this restaurant. The switching of suites by the restaurant use and the 1,500 square -foot condition was not noticed by staff or the property owner until recently. The owner is considering the sale of the property and the discrepancy was found by a potential buyer as part of their due diligence_ Proposal In order to legitimize the location of the Wingstop restaurant, the applicant is requesting to increase the maximum amount of restaurant space from 1,500 to 1,696 square feet. Plans also show that an additional parking space was picked up at some point during the original construction (53 spaces are on the property). In addition, the recently -adopted Land Use Code now allows for one motorcycle parking space in cases where a minimum of 40 spaces are required (as in this case). Enough space was available in the parking lot for one 4-foot by 8-foot motorcycle space, resulting in 54 parking spaces overall. Analysis Parking At the time of the original approval, 66 spaces were required based on the 1 per 200 code requirement and the proposed 13,051 square -foot of gross floor area. This was an overall reduction in 14 spaces, for which the variance was approved. Although the parking requirement is still the same (1 per 200), the gross floor area is now only 12,830 square feet, requiring 65 spaces. Combined with the extra space added at construction and the new motorcycle space, the overall reduction is now only 11 spaces, within the scope of the approved Zone Variance. 3 The Land Use Code requires that in cases of expansion under 50% (as is the case here), only the additional floor area needs to be parked. Although there is technically no physical expansion, and restaurants are included in the 1/200 ratio for shopping centers, the additional spaces would make up for the additional restaurant space of 196 square feet. Conditions of Approval Conditions of Approval include only the modification to the previous condition limiting the floor area of restaurant/cafe/deli use to 1,500 square feet. This CUP, if approved, would increase that amount to 1,696 square feet. All previous Conditions of Approval would continue to be in effect. Summary The conversion of 196 square feet of retail commercial space to restaurant commercial space is consistent with the original approval — there are two additional parking spaces beyond what was originally approved. Furthermore, approval of the CUP modification would remedy an oversight by both the property owners and City staff. No special accommodations are being made as the current scope of the project, with the reduced overall floor area and addition parking spaces, is consistent with the Land Use Code and the previously approved Zone Variance. RECOMMENDATION Approve 2012-08 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Public Hearing Notice (Sent to 17 property owners and occupants) 5. City Council Resolution 2005-60 6. Applicant's Plans (Exhibit A, Case File No. 2012-08 CUP, dated 3/27/2012) MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director 4 RECOMMENDED FINDINGS FOR APPROVAL 2012-08 CUP, 910-936 Highland Ave. 1. That the site for the proposed use is adequate in size and shape, since the proposed area to be converted to restaurant use is existing and is not expected to increase the demand for parking on the property beyond the two additional parking spaces constructed/to be constructed. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Highland Avenue is classified as an arterial street in the Circulation Element, and the conversion of 196 square feet to restaurant use is not expected to result in an appreciable increase in traffic. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use is existing in the subject commercial center and no physical expansion is proposed. 5 RECOMMENDED CONDITIONS OF APPROVAL 2012-08 CUP, 910-936 Highland Ave. 1. This Conditional Use Permit authorizes modification of City Council Resolution 2005-60 to allow no more than 1,696 square feet of total floor area to be used as a restaurant/cafe/deli. Unless specifically modified by this resolution, all previous Conditions of Approval as stated in City Council Resolution 2005-60 are still in effect. Except as required by Conditions of Approval, all plans submitted for permits associated with this project shall conform with Exhibit A, Case File No. 2012-08 CUP, dated 3/27/2012. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the 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 Executive Director prior to recordation. 6 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT MODIFICATION FOR A SHOPPING CENTER LOCATED AT 910-936 HIGHLAND AVE. CASE FILE NO.: 2012-08 CUP APN: 556-492-17 to 21 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, April 16, 2012, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Studio C Architects — Mark Swenson) The shopping center was approved with a Conditional Use Permit in 2003 with a condition limiting the amount of restaurant space to 1,500 square feet. The applicant is requesting to increase this amount to 1,696 square feet. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., April 16, 2012, who can be contacted at 619-336-4310 or planning@nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION BRAD RAULSTON Executive Director RESOLUTION NO. 2005 — 60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING MODIFICATION OF A CONDITIONAL USE PERMIT FOR A SHOPPING CENTER AT THE NORTHWEST CORNER OF PLAZA BOULEVARD AND HIGHLAND AVENUE TO ALLOW CHECK CASHING/PAY DAY ADVANCE BUSINESSES APPLICANT: RONNIE ROLLMAN CASE FILE NO. M1-CUP-2003-29 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for modification of a Conditional Use Permit for a Shopping Center at the northwest comer of Plaza Boulevard and Highland Avenue to allow check cashing/pay day advance businesses at the regularly scheduled City Council meeting of March 15, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. M1-CUP-2003-29 and which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on March 15, 2005 support the following findings: That the deletion of a restriction prohibiting check cashingipay day advance businesses from operating on site is necessary to permit reasonable operation and use under the permit, since in conjunction with other City ordinances it will allow an established check cashing business to relocate within the City without resulting in a net increase in check cashing businesses. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit/ Zone Variance authorizes a shopping center at the northwest corner of Plaza and Highland with a freestanding sign in the setback area along Highland, two wall signs where one is allowed and a total of 52 parking spaces where 66 are required. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised and B-revised, Case File no. CUP-2003-29/Z-2003-12, dated February 9, 2004. 8 Resolution No. 2005 — 60 April 5, 2005 Page 2 A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Prior to issuance of building permits the applicant shall provide agreement that allows the City and other civic organizations to use the two reader boards to the City Attorney for review and approval. 4. Not more than 1,500 square feet of the total floor area shalt be used as a restaurant/cafe/deli. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the buildings. 6_ Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 7. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works. 8. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 9. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the Location of the lateral. 9 Resolution No. 2005 — 60 April 5, 2005 Page 3 10. The deteriorated portions of the existing street improvements (Approximately 40' of sidewalk on Plaza Blvd. and Highland Avenue) along the property frontages shall be removed and replaced. 11. AN existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall -be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Public Works as soon as filed. 12. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, -street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 14. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (Approximately 60' on Highland Avenue) shall be replaced with curb, gutter and sidewalks. 15. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 16. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 1.7. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 18. Before this Conditional Use Permit/ Zone Variance shall become effective the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt 10 Resolution No. 2005 — 60 April 5, 2005 Page 4 shall automatically terminate the Conditional Use Permit/ Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The 19. Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit/Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 20. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 5th day of April, 2005. ATTEST: Michael Della, ity Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 11 CO Passed and adopted by the Council of the City of National City, California, on April 5, 2005, by the following vote, to -wit: Ayes: Councilmembers lnzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City. California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-60 of the City of National City, California, passed and adopted by the Council of said City on April 5, 2005_ ° y lerk of the Ci of National l City, California By: Deputy 12 RESOLUTION NO. 8-2012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT MODIFICATION FOR A SHOPPING CENTER LOCATED AT 910-936 HIGHLAND AVENUE. CASE FILE NO. 2012-08 CUP APN: 556-492-17 to 21 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit modification for a shopping center located at 910-936 Highland Avenue at duly advertised public hearing held on April 16, 2012, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2012-08 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on April 16, 2012, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed area to be converted to restaurant use is existing and is not expected to increase the demand for parking on the property beyond the two additional parking spaces constructed/to be constructed. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Highland Avenue is classified as an arterial street in the Circulation Element, and the conversion of 196 square feet to restaurant use is not expected to result in an appreciable increase in traffic. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use is existing in the subject commercial center and no physical expansion is proposed. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes modification of City Council Resolution 2005- 60 to allow no more than 1,696 square feet of total floor area to be used as a 13 restaurant/cafe/deli. Unless specifically modified by this resolution, all previous Conditions of Approval as stated in City Council Resolution 2005-60 are still in effect. Except as required by Conditions of Approval, all plans submitted for permits associated with this project shall conform with Exhibit A, Case File No. 2012-08 CUP, dated 3/27/2012. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the 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 Executive Director prior to recordation. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 16, 2012, by the following vote: AYES: Farias, Alvarado, Reynolds, Pruitt, Baca, Flores NAYS: ABSENT: DeLaPaz ABSTAIN: CHAIRMAN 14 od 2 Wan/P 11 V0 6.-111W ki3Nbe o'r 3c-Z102 'on' iae too. rnel Gi Ov eG v. r4• of+Ore•• iJx •IY PP exl]a+tl 30•eG rs Orvlrr ve Oisoa,.r. l••ul il'4]a0A0r, S i]r ei v, �O •eHO. !i]Y a5 !f • e90:t, exipa•e 0]e1.4]e 'r.04 ]e•aine] ier3GOnr1 OGOPP1 e0t ]Or.]nOJ soo,Ol ee O<v P.E. rle Ga101VIG l•4C1 G ixmnm •.=e. oxA°ar iNao: r"1: ]415 Q�IE VZV1d NH'ld i b40r0aeOr, e,G lra yrvl CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 1, 2012 AGENDA ITEM NO. 24 ITEM TITLE: Request to Schedule a Fiscal Year 2012-13 Budget Workshop. PREPARED BY: Leslie Deese, City Manager PHONE: 336-4240 EXPLANATION: See Attached • DEPARTMENT: City Ma APPROVED BYE. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Schedule a Community Planning and Fiscal Year 2012-13 Budget Workshop . BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report The purpose of this agenda item is to request the City Council schedule a Community Planning and Fiscal Year 2012-13 Budget Workshop that is being proposed for Tuesday, May 22, 2012 at 6:00 pm. Other dates the Council may wish to consider include Saturday, May 19 or Saturday, May 26 (Memorial Day weekend). At the February 4, 2012, workshop, staff provided an update on the City Budget. The presentation included an overview of the FY 2011-12 Mid -Year Budget focusing on General Fund and revenues and expenditures and contingency reserve levels. The presentation also provided updates on Redevelopment, the City's CIP / Bond Program; California State Budget, Proposition D Sales Tax Independent Committee and concluded with Cost Cutting & Efficiency Measures, Revenue Enhancements, Cost Reduction & Revenue Efficiency Committee (CARE) update, and Significant Accomplishments by City departments. It is important to note that the community has traditionally been provided different opportunities to comment on the City's budget, which recently includes • February 4, 2012 Community Planning and Mid -Year Budget Workshop • February 21, 2012 Budget Update for the Chamber of Commerce Economic Development Committee • March 3, 2012 Budget Update at the quarterly Neighborhood Council Breakfast Additionally, individual presentations to the three neighborhood councils are scheduled during the month of May. June's quarterly Neighborhood Council Breakfast also provides an opportunity to present the preliminary budget and solicit feedback as needed from the community. ITEM #25 5/1/12 CLOSED SESSION REPORT (GENERAL COUNSEL) (CITY ATTORNEY) ITEM 26 • 5/1/12 California now offers a solar program designed especially for homeowners in neighborhoods of concern. ( as identified by the San Diego Regional Enterprise Zone Boundaries ) . DO YOU OWN YOUR OWN HOME? . ARE YOU A CUSTOMER OFS D G&E IS YOUR HOME DEFINED AS AFFORDABLE HOUSING? BELOW ? . ARE YOU 80% AMI GRID ALTERNATIVES This program covers up to 100% of the installed cost of a high performance solar elec- tric system for your home. Page 1 of 2 Luis Natividad From: Sent: To: Diane Takvorian[dianeehc@environmentalhealth.org] Wednesday, April 18, 2012 8:52 AM Luis Natividad Subject: Solar for All Having trouble viewing this email? Click here ENVIRONMENTAL HEALTH COALITION 10111111111111111111111111111111111111 All Communities Deserve Rooftop Solar Your donation helps us build green energy & green jobs. $25 Provides organizers with green education materials. $40 Pays for one in -home energy efficiency assessment. $100 Covers one session of green energy leadership training. $500 Sponsors a Green Energy Roundtable meeting. $1,000 Sends 5 EHC leaders to fight for "Solar For All" in Sacramento. 2,600 solar rooftops in San Diego; 12 in National City. Is this fair? A recent news article in California Watch did the math: "San Diego houses more than 2,600 solar residential rooftops, more than any other California City, but in the neighboring lower - income community of National City, there are only about a dozen." Many of San Diego's most vulnerable communities have not seen the benefits of our booming green economy, but you can donate now to change this. Your financial support will help EHC encourage our state to make small rooftop solar installations a priority, and a reality, in all San Diego communities. In 2010, Southcrest Resident Lilia Escalante wanted to "go green" with solar, but she was quicky discouraged by costs. EHC leaders connected her with GRID Alternatives. Her rooftop solar installation reduced her energy bill by more than 95%. She says, "My kids are proud to show their friends our solar panels, and I'm happy to see them excited about doing their part for the environment." EHC fights for "Solar for All," legislation that will bring solar to more homes in San Diego's low-income communities. Donate today to help EHC bring green solar energy to the 4/19/2012