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HomeMy WebLinkAbout2012 10-16 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 1243 National City Boulevard National City, California Regular Meeting — Tuesday — October 16, 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 interpretacibn en esparto/ se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings National City City Council /Community Development Commission/Housing Authority CITY COUNCIL PROCLAMATION 10/16/12 - Page 2 1. Proclaiming Tuesday, October 16, 2012 as: "SSG ROBERT GUTIERREZ, JR. DAY" - UNITED STATES AIRFORCE PRESENTATION 2. Employee of the Month of October 2012 — Charles Roe — Permit Technician, Building Division 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. 3. Approval of the Minutes of the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of July 17, 2012 and October 2, 2012. (City Clerk) 4. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 5. Resolution of the City Council of the City of National City awarding a contract to Zasueta Contracting, Inc. in the not -to -exceed amount of $69,714.00 for the National City Shade Structure for Fire Department Station No. 34, Specification No. 12-11, and authorize 15% contingency in the amount of $10,457 for any unforeseen changes. (Funded by Development Impact Fees) (Development Services/Engineering) National City City Council /Community Development Commission/Housing Authority 10/16/12 - Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City awarding a contract to Koch -Armstrong General Engineering, Inc., in the amount not -to -exceed $657,679.24 and authorize a 10% contingency in the amount of $65,768 for any unforeseen changes to the project for the National City Street Resurfacing and Concrete Improvements, Specification 12-06. (Funded by CDBG & Proposition A funds) (Development Services/Engineering) 7. Resolutionof the City Council of the City of National City approving an Agreement between the City of National City and Bucknam Infrastructure Group, Inc. in the not to exceed amount of $53,771 and authorizing the Mayor to execute the Agreement for the street sign inventory and pavement management software. (Funded by Gas Tax $51,971 and General Fund $1,800) (Engineering) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute and submit Program Supplement Agreement No. 006-N to the State of California Department of Transportation to encumber $730,000 in Federal Safe Routes to School Funding for construction of the Coolidge Avenue Safe Routes to School Project near Kimball Elementary School. (Development Services/Engineering) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute and submit Program Supplement Agreement No. 007-N to the State of California Department of Transportation to encumber $500,000 in Federal Safe Routes to School Funding for implementation of an Education and Encouragement Sustainability Program for all 10 elementary schools Citywide. ($100,000 local match will be "in -kind" funding for staff time and materials spent on the project) (Development Services/Engineering) 10. Resolution of the City Council of the City of National City approving the City of National City Americans with Disabilities Act (ADA) Plan. (Development Services/Engineering) 11. National City Sales Tax Update, Second Quarter 2012. (Finance/Administrative Services) National City City Council /Community Development Commission/Housing Authority 10/16/12 - Page 4 CONSENT CALENDAR (Cont.) 12. Temporary Use Permit — Fall Festival hosted by the South Bay Community Church at 2400 Euclid Avenue on October 31, 2012 from 5:00 pm to 9:00 pm with no waiver of fees. (Neighborhood Services) 13. Temporary Use Permit — Cornerstone Harvest Festival hosted by Cornerstone Church of San Diego at 1914 Sweetwater Road on October 31, 2012 from 9:00 a.m. to 12 a.m. midnight with no waiver of fees. (Neighborhood Services) 14. WARRANT REGISTER #12 Warrant Register #12 for the period of 09/12/12 through 09/18/12 in the amount of $2,403,056.32. (Finance/Administrative Services) 15. WARRANT REGISTER #13 Warrant Register #13 for the period of 09/19/12 through 09/25/12 in the amount of $308,267.46. (Finance/Administrative Services) PUBLIC HEARINGS 16. Public Hearing for the approval by the City of National City of the issuance of multifamily housing revenue bonds for the purpose of financing the acquisition and rehabilitation of Park Villas Apartments in National City. (Housing and Grants) **Companion Item #20** 17. Public Hearing to consider an Ordinance Amending Title 18 (Zoning) of the National City Municipal Code by Amending Section 18.30.320 pertaining to pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. (Applicant City - Initiated) (Case File 2012-18A) (Planning) **Companion Item #18** National City City Council /Community Development Commission/Housing Authority 10/16/12 - Page 5 ORDINANCE FOR INTRODUCTION 18. An Ordinance of the City Council of the City amending Title 18 (Zoning) of the National City Municipal Code by amending Section 18.30.320 pertaining to pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. (Applicant: City Initiated) (Case File #2012-18 A) (Planning) **Companion Item #17** ORDINANCE FOR ADOPTION 19. An Ordinance of the City Council of the City of National City amending Section 9.06.110 of the National City Municipal Code to allow the grading of Mobile Food Facilities that prepare food. (City Manager/City Attorney) NON CONSENT RESOLUTIONS 20. Resolution of the City Council of the City of National City approving the issuance of multifamily housing revenue bonds for the purpose of financing the acquisition and rehabilitation of Park Villas Apartments in National City. (Housing and Grants) **Companion Item #16** 21. Resolution of the City Council of the City of National City authorizing and adopting a Final Order of Abatement of a Declared Public Nuisance for properties located at 322-340 Highland Avenue. (Fire) **Continued from October 2, 2012 Council Meeting** 22. Resolution of the City Council of the City of National City opposing further cuts to Federal Programs that further impact core local government programs. ("Sequestration") (City Manager/Housing & Grants) NEW BUSINESS 23. Report on proposed red curb "No Parking" along the west side of 2200 and 2300 blocks of Euclid Avenue to improve visibility at driveways and provide clearance from parked vehicles (TSC Item No. 2012-24). (Development Services/Engineering) NEW BUSINESS (Cont.) National City City Council /Community Development Commission/Housing Authority 10/16/12 - Page 6 24. Update on City's Jurisdictional Urban Runoff Management Program (JURMP) Annual Report for Fiscal Year 2011-12. (Development Services/Engineering) 25. Request to use Casa de Salud by Reiyukai America, a non-profit organization, for a "Reiyukai Family Day Festival" on November 11, 2012. The event is geared towards raising awareness of self -development, increase family values and respect for ones ancestors. The event will include family dance performances and testimonials. This event is open to the public and is free to all who attend. (Public Works) 26. Request from semi -pro football team "National City Bears" to charge admission for games under facility use permit (FUP) at El Toyon Multi -Use Field on October 20, 2012, November 3, 2012, and November 10, 2012. (Public Works) **Continued from October 2, 2012 Council Meeting** 27. First Quarter Fiscal Year 2012/2013 Budget Update. (Finance/Administrative Services) COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY O.F THE CITY OF NATIONAL CITY NO ITEMS STAFF REPORTS 28. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular City Council/Community Development/Housing Authority of the City of National City Meeting — Tuesday — October 30, 2012 — 6:00 p.m. - Council Chambers — National City, California. (PLEASE SEE ATTACHED MODIFIED CITY COUNCIL MEETING SCHEDULE) COPIES OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.tlov OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax September 24, 2012 TO: The Mayor and Members of the City Council FROM: Michael Dalla, City Clerk SUBJECT: City Council Meeting Schedule — October 2012 through January 2013 The upcoming November Municipal Election and the City Council approved work furlough and holidays will result in a modified meeting schedule for the period of October 2012 through January 2013. It is recommended that the City Council approve the following meeting schedule in order to permit proper planning and advance notice to the public. • October 16 Regular Meeting • October 30 Adjourned Regular Meeting • November 06 Election Day (no meeting) • November 20 Regular Meeting • December 04 Regular Meeting • December 18 Regular Meeting • January 01 Holiday (no meeting) • January 15 Regular Meeting CALIFORNIA NATI I 33 INCORP ORATED --� MEMORANDUM ITEM #2 10/16/12 October 2, 2012 TO Leslie Deese, Ci i. f an. _er FROM Stacey Steven .: rector of Administrative Services SUBJECT EMPLOYEE 1 F THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in October 2012 is Charles Roe — Permit Technician By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, October 16, 2012 to be recognized for his achievement and service. Attachment cc: Charles Roe Frank Parra — Director of Emergency Services Josie Flores -Clark — Executive Assistant Human Resources — Office File SS: lgr Performance Recognition Program (2) Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov City of National City Performance Recognition Award Nomination Form RECEIVED SEP 2 4 2012 CITY OF N.; TJ \ AL CITY HUMAN RESOURCES DEPARTMENT I nominate Permit Technician Charles Roe For the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc.) Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Charles has been with the Building Division since April 4, 2005. He is the only Permit Technician for the Division and is the first point of contact for our customers that include homeowners, contractors, architects and engineers. He controls the intake and routing of construction plans for the Building, Planning, Engineering and Fire Departments. He assists customers in the entire plan submittal process as well as scheduling inspections and issuing Certificates of Occupancy. This is in addition to his other duties that includes fee calculations, research, filing and answering phones. Charles does all this while always maintaining a positive and enthusiastic attitude with customers and co-workers. His excellent customer service is truly appreciated and regularly commented on by our customers. Charles is proud of the work he does and the City he serves and we are fortunate to have him. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nomina Francisco "Fr k" Parra, Director of Emergency Services Signature. Date: September 20, 2012 ITEM #3 10/16/12 APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JULY 17, 2012 AND OCTOBER 2, 2012 (CITY CLERK) City of National. City 10/16/112 Office of the City Clerk 1243 National City Boulevard, National City, CA 91950.4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." 19 Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 16, 2012 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of National City awarding a contract to Zasueta Contracting, Inc. in the not - to -exceed amount of $69,714.00 for the National City Shade Structure for Fire Department Station No. 34, Specification No. 12-11, and authorize 15% contingency in the amount of $10,457 for any unforeseen changes. (Funded by Development Impact Fees). PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: APPROVED: Ai ACCOUNT NO. APPROVED: Funds are available in Account No. 325-409-500-598-4131 in the amount of $69,714. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Three lowest bidders worksheet 3. Resolution EXPLANATION 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 to house the apparatus that have been placed in reserve status; the apparatus have been placed outside on the training ground. As a result, the reserve units are deteriorating due to existing weather conditions. On May 1, 2012 the City Council adopted Resolution No. 2012-94 authorizing the appropriation of Development Impact Fees to purchase a reserve fire engine protective shelter to be installed at Fire Department Station 34 at 16th Street and D Avenue. The installation of the shade structure will house reserve apparatus and ensure its longevity. On September 25, 2012, four bids were received and opened for the National City Shade Structure for Fire Department Station 34 at 16th Street and D Avenue, Specification No. 12-11. The lowest responsive bidder was Zasueta Contracting, Inc. with a proposed bid amount of $69,714.00. The bid opening information sheet and the cost proposal worksheet for the three lowest bidders are attached for your information. Staff checked the provided references and found that Zasueta Contracting, Inc. is qualified to perform the work as detailed in the specification. Staff reviewed bid documents and recommends that Council award the contract to Zasueta Contracting, Inc. in the not to exceed amount of $69,714.00, and authorize 15% contingency in the amount of $10,457 for any unforeseen changes. NO. NC Shade Structure for Fire Staton #34 ITEM QTY UNIT UNIT PRICE Alvand Construction AMOUNT UNIT PRICE UNIT PRICE NRG Building & Construction AMOUNT 1 Provide and install the shade structure 1 LS 73900 73,900.00 69714 77796.88 77,796.88 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO ZASUETA CONTRACTING, INC., IN THE NOT TO EXCEED AMOUNT OF $69,714 TO PROVIDE AND INSTALL A SHADE STRUCTURE FOR FIRE DEPARTMENT STATION NO. 34, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $10,457 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on September 25, 2012, did publicly open, examine, and declare four sealed bids to provide and install a shade structure for Fire Department Station No. 34; and WHEREAS, Zasueta Contracting, Inc., was the lowest responsive bidder with a proposed bid amount of $69,714; and WHEREAS, a 15% contingency amount up to $10,457 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract to provide and install a shade structure for Fire Department Station No. 34 to the lowest responsive, responsible bidder, to wit: ZASUETA CONTRACTING, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $69,714 with Zasueta Contracting, Inc., to provide and install a shade structure for Fire Department Station No. 34. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $10,457 for any unforeseen changes to the Project. PASSED and ADOPTED this 16th day of October, 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: October 16, 2012 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of National City awarding a contract to Koch -Armstrong General Engineering Inc., in the amount not -to -exceed $657,679.24 and authorize a 10% contingency in the amount of $65,768 for any unforeseen changes to the project for the National City Street Resurfacing and Concrete Improvements, Specification 12-06. (Funded CDBG & Proposition A funds) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: APPROVED: NI< Finance ACCOUNT NO. APPROVED: MIS Funds are available in account 301-409-500-598-6174 in the amount of $219,601, account 307-409-500-598-6035 in the amount of $324,893.24 and account 307-409-500-598-6558 in the amount of $113,185 for a total of $657,679.24 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Cost Proposal worksheet (three lowest bidders) 3. Cost Proposal worksheet (Koch -Armstrong vrith Change Orders) 4. Change Order#1 5. Change Order#2 6. Resolution On September 17, 2012, four bids were received and opened for the National City Street Resurfacing and Concrete Improvements, Specification 12-06. The lowest responsive bidder was Koch -Armstrong General Engineering, Inc. with a proposed bid amount of $730,609.24. Due to errors in quantities for line items 7, 14, and 15, Change Order #1 was issued resulting in a reduction of $31,270.00. Additionally, due to higher than expected bid amounts for striping and pavement markings quantities were reduced and Change Order #2 was issued resulting in an additional reduction of $41,660. With both change orders taken into consideration, the contract amount is $657,679.24. The bid opening information sheet, the cost proposal worksheet for the three lowest bidders and the Koch -Armstrong worksheet showing the change orders are attached for your information. Based on the prior performance history of Koch -Armstrong General Engineering, Inc. with City of National City contracts, they are found to be qualified to perform the work as detailed in the specification. Staff reviewed bid documents and recommends that Council award the contract to Koch -Armstrong General Engineering, Inc. in the not to exceed amount of $657,679.24 and authorize a 10% contingency in the amount of $65,950 for any unforeseen changes to the project. National City Street Resurfacing and Concrete Improvements, Spec. No. 12-06 (Bid Opening: MON 09/17/2012 ® 2:30 PM) Tri-Group Construction & Development, Inc. Pordllo Concrete, Inc. Koch- Armstrong General Engineering, Inc. NO, ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Base Bid 'A" 1 McbIlizaaon/Demobilization 1 LS $ 15,000.00 $ 15,000.00 $ 14,000.00 $ 14,000.00 $ 3,500.00 $ 3,500.00 2 Cold Milling 100 SF $ 7.00 $ 700.00 ; $ 10.00 $ 1,000.00 $ 3.50. $ 350.00 3 REAS Flex Seal, Plant Mix 11,500 GAL $ 10.00 $ 115,000.00 $ 7.70 $ 88,550.00 $ 6.40 $ 73,600.00 4 6" Asphalt Concrete Dig -Outs and Replacement 1,600 TON $ 120.00 $ 192,000.00 $ 140.00 $ 224,000.00 $ 115.75 $ 185,200.00 5 Remove Unsuitable Sub -Grade end replace with CMS and Geo-fabric 1,000 TON : $ 40.00 $ 40,000.00 $ 64,00 $ 64,000,00 5 48.10. $ 48,100.00 6 Crack Filing and Weed Abatement 12,878 SY ?:$ 1.00 $ 12,878.00 $. 0.25 $ 3,219.50 ' $ 0.58, $ 7,469.24 7 Remove and Replace 4' PCC sidewalk 1,700 SF , $ 6.,00 $ 10,200.00 $ 7.50 $ 12,750,00 $ 7.10 $ 12,070.00 8 Remove and Replace 6-8' Curb and Gutter 160 LF $ 30.00 $ 4,800.00 $ 30.00. $ 4,800.00 $ 42.00 $ 6,720.00 9 Remove and Replace Cross -Gutter 90 SF $ 10,00 $ 900.00 $ 15.00 $ 1,350.00 $ 22,00 $ 1,980.00 10 Remove and Replace Traffic Loops 52 EA $ 500.00 $ 26,000.00 $ 485.00 $ 25,220.00 $ 320.00 $ 16,640.00 11 Remove end replace striping, pavement markings and markers 1 LS $ 40,000.00 $ 40,000.00 5 41,750.00 $ 41,750.00 $ 40,470.00 $ 40,470.00 12 Install Four (4) Thermoplastic Checkered Cross -Walks (Intersection of Mile otCars Way and National City Blvd) 1 LS $ 40,000.00 $ 40,000.00 $ 40,700.00 $ 40,700.00 $ 39,400.00 $ 39,400.00 13 Provide 30 x 30 Signs 4 EA - $ 500.00 $ 2,000.00 $ 500.00 $ 2,000.00 $ 310.00. $ 1,240.00 14 Fumish and Install 3" PVC 1,900 LF $ 30.00 $ 57,000.00 $ 25.00 $ 47,500.00 $ 26.65 $ 50,635.00 15 Fumish and Install 2'Conduit Sweep 22 EA $ 250,00 $ 5,500.00 $ 240.00 $ 5,280.00 $ 640.00 $ 14,080.00 16 Relocate existing Signal Interconnect Cable to new Concklit Run 1 LS $ 4,000.00 $ 4,000.00 $ 2.100.00 $ 2,100.00 5. 4,263.00 $ 4,263.00 17 Fumish and install Pull Rope 2,000 LF $ 1.00 $ 2,000,00 $ 0.40 $ 800.00 $ 1.07 $ 2,140.00 18 Fumish and Install 46 Pull Box with Extension 3 EA '_5 800.00 $ 2,400.00 $ 735.00 $ 2,205.00 $ 427.00 $ 1,281.00 19 Fumish and Install 46 Pull Box 5 EA $ 600,00 $ 3,000.00 $ 600.00 $ 3,000.00 '$ 374:00 $ 1,870.00 Bare Bid "B" p l 20 Mobilization/Demobilization 1 LS $ 15,000.00 $ 15,000.00 $ 7,500.00 $ 7,500.00 $ 1,500.00 $ 1,500.00 21 Remove and Replace 4' PCC sidewalk 5,765 SF : $ 6.00 $ 34,590,00 $ 8.00 $ 46,120,00 '$ 6.20 $ 35,743.00 22 Install root baniera 900 LF $ 9.00 $ 8,100.00 $ 6.00 $ 5,400.00 .$ 11.85 $ 10,665.00 23 Remove and Replace 6-8' Curb and Gutter 2,210 LF $ 30.00 $ 66,300.00 $ f30.00 $ 66.300.00 $ 37.00 $ 81,770.00 24 Remove and Replace PCC Drveway 120 SF >$ 6.00 $ 720.00 $ 15.00 $ 1,800.00 $ 14.50 $ 1,740.00 25 Remove and Replace Cross -Gutter 1,710 SF $ 10.00 $ 17,100.00 .$ 15.00 $ 25,650.00 '$ 16.30 $ 27,873.00 26 Remove and Replace Pedestrian Ramps 20 EA -.$ 2,000.00 $ 40,000.00 $ 1,600.00 $ 32,000.00 $ 2,620.00 $ 52,400.00 27 Tree Removals with Stumping 7 EA -$ 400.00 $ 2,800.00 $ : 385.00 $ 2,695.00 ::$ 1,130.00 $ 7,910.00 Additive Bid #1 28 McbllizatioNDemobllization 1 LS :$ 1,000.00 $ 1,000.00 $ 5,000.00 $ 5,000.00 '$ 700.00 $ 700.00 29 Asphalt Concrete 1.5'overlay 125 TON .5 125.00 $ 15,625.00 $ 139.00 $ 17,375.00 $ 115.00 $ 14,375.00 30 4' Asphalt Concrete Dig-outsand Replacement 115 TON '$ 125.00 $ 14,375.00 $ 172.00 $ 19,780.00 $ 147.00. $ 16,905.00 31 Crack Filing and Weed Abatement 1434 SY $ 4.00 $ 5,736.00 $ 0.85 $ 1,218.90 $ 3.68 $ 5,277.12 32 Remove and Replace 4" PCC sidewalk 665 SF $ 8.00 $ 5,320 00 $ 7.05 $ 4,688.25 33 Install root barriers 84 LF $ 900 $ 756.00 $ 6.00 $ 504.00 $ 13.00 $ 1,092.00 34 Remove and Replace 6-8' Curb and Gutter 100 LF ' $ 30.00 $ 3,000.00 $ 30.00 $ 3,000.00 $ 39.00 $ 3,900.00 35 Remove and Replace PCC Driveway 385 SF : $ 6.00 $ 2,310.00 $ 15.00 $ 5,775.00 $ ' 12.00 $ 4,620.00 36 Remove and Replace Cross -Gutter 1 LS -$ '5,000.00 $ 5,000.00 $ 10,800.00 $ 10,800.00 $ 7,800.00 $ 7,800.00 37 Remove and Replace Pedestrian Ramps 4 EA 'S 2,000.00 $ 8,000.00 $ 1,600.00 $ 6,400.00 $ 2,770.00 $ 11,080.00 38 Remove and replace striping and pavement markings 1 LS :$ 4,000.00 $ 4,000.00 $ 3,850.00 $ 3,850.00 '$ 3,740.00 $ 3,740.00 _ - Additive Bid #1 $ 241,00 $ 1,710.00 $ 33,736.50 $ 3,287.30 $ 3,411.00 :. , 39 Mobilization/Demobilization 1 LS $ 10.00 $ 30.00 $ 4,000.00. $ 4,000.00 $ 241.00 40 4" Asphalt Concrete Dlg-Outs and Replacement 5 TON $ 1,060.00 $ 5,300.00 $ 200.00 $ 1,000.00 $ 342.00- 41 REASFlex Seal 8.330 GAL '$ 8.00 $ 66,640.00 $ '4.90 $ 40,817.00 $ 4.05 42 Crack Filing and Weed Abatement 926 SY $ 3,50 $ 3,241.00 $ 1.00 $ 926,00 $.` 3.55 43 Remove and replace striping and pavement markings 1 LS '$ 3,000.00 $ 3,000.00 $ 3;500.00 ..i $ 3,500.00 ... ...... "'. w -$ 3,411.00 _.. ... Grand Total: r.8 899,981.00 - $ 900,955.40 3 847,11241 Tri-Group Construction & Development, Inc. Pordllo Concrete, Inc. Koch- Armstrong General Engineering, Inc. APPARENT LOWEST BIDDER ar Koch -Armstrong General Engineering, Inc. National City Street Resurfacing and Concrete Improvements, Spec. No. 12-06 L1. ,,-. •. ....,.._,.... . ._. [1.Zriii7; 1,.1....L.•• l'....-?..i',.','••,:•1'..,. •,..,,,',,...:,-..,.• •;',..,j ,:•..;,.'......-3;.•,..• :„.:; J--,,,,s,..-,,,,t...- . . . .. ... . . . . . .. . ....,I;.!..i. , l.F-,J1.•....!„..,...,....,_[••,',i,.: '•:•..1.,...,11.1.:..c..:'..T.:7'..4,•••,',...,-• . . . . ' . . • • -...;,.-',.: -,,,,... . ..„ . .. • (72,930.00) Grand Total: I $ 730,609.24 657,679.24 5219,601.00 CDBG 301-6174 $ 324,893.24 Prop A 307-6035 $ 113,185.00 Prop A 307-6558 C/0 #1 C/O #2 C/O #2 C/CP #1 c/o#1 cA NATIONAL CITY STREET RESURFACING AND CONCRETE IMPROVEMENTS Specification No. 12-06 Contractor. Kock -Armstrong General Engineering, Inc. CHANGE ORDER NO. 1 September 19, 2012 Reason/Purpose for this Change Order. This change order will reduce line items #7 Remove and Replace 4" PCC Sidewalk, #14 Fumish and install 3" PVC Conduit and #15 Fumish and install 2" Conduit Sweep due to a clerical error on addendum #3. The City of National City and Contractor agree to the following change to the original Contract: The Contractor and the City agree to reduce the line item quantities as follows: #7 reduced by 500 square feet at $7.10/sf, #14 by 800 lineal feet at $26.65/If and #15 by 10 at $640 each. All line item prices shall remain the same. The will result in a reduction in the contract price of Base Bid "A" of $31,270.00. Original Contract Amount $ Net change by previously authorized Change Orders Subtotal Amount of this change order New contract amount Working days added: 0 Working days subtracted: 0 Percent change In Contract to date -4 730,609.24 730,609.24 (31,270.00) 699,339.24 Submitted b : roje • • ger Date ; •-fni:.„,, ^• er Date Approved by: _. ..... City ngineer ._...... w Date a a _........._ 10/19.................._._.........._...._......._......._................_. City Manager, required fur Charge Orders >V4,se9 Date By signing this Change Order the Contractor confirms that he/she is completely familiar with its terms and conditions and has fairly negotiated its price, terms and conditions. If this Change Order is approved, Contractor will provide ail of the equipment, materials and labor necessary to provide a complete work as described above at that the price stated herein. Additionally, Contactor confimrs that the price is fair and complete and represents ell costs associated with the work, including but not limited to all equipment, materials, labor, supervision, overhead, fees, fonds, insurance, profit, etc. and that there will be no further compensation. Ail of the terms and conditions of the original contract documents are incorporated herein, Accepted and agreed to by Koch Armstrong General Engineering, Inc.: Name: Date Note to Contractor: If you do not agree with this Change Order you may be directed to proceed with this work under the terms of the contract and you may proceed under protest. You must comply with the contract requirements of submitting a written protest to protect your claim. RtitlfibCkiteSeguPO I StionaI City, CA 91950 cc: Engineering projeRQ ,E Nig p -3- NATIONAL CITY STREET RESURFACING AND CONCRETE IMPROVEMENTS Specification No. 12-06 Contractor. Koch Armstrong General Engineering, Inc. CHANGE ORDER NO. 2 September 26, 2012 Reason/Purpose for this Change Order. This change order will remove the specification for preform thermoplastic from Line Item #11. This change order will replace the installation of four (4) thermoplastic checkered cross -walks with the installation of one (1) thermoplastic cross -walk under Line Item #12. The City of National City and Contractor agree to the following change to the original Contract: The Contractor and the City agree to reduce the line item quantities as follows: Line Item #11 is a lump sum item and will be reduced from $40,470.00 to $26,380.00, for a total decrease of $14,090.00; Line Item #12 is a lump sum item and will be reduced from $39,400.00 to $11,830.00, for a total decrease of $27,570.00. These line item changes will result in a reduction in the contract price of Base Bid "A" of $41,660.00 Original Contract Amount $ Net change by previously authorized Change Orders ........................... Subtotal Amount of this change order New contract amount 730,609.24 (31,270.00) 699,339.24 (41,660.00) ................................................ $ Working days added: 0 Working days subtracted: 0 Percent change in Contract to date -9.98% 657,679.24 Submitted b . WI . a . er • Date '*='� jt, et Date Approved by: C' gineer date Cite Meager, reclined faaa Claim 424,999 Date By signing this Change Order the Contractor confirms that he/she is completely familiar with its terms and conditions and has fairly negotiated Its price, terms and conditions. If this Change Order is approved, Contractor will provide all of the equipment, materials and labor necessary to provide a complete work as described above at that the price stated herein. Additionally, Contractor confirms that the price is fair and complete and represents all costs associated with the work, Including but not limited to ail equipment, materials, labor, supervision, overhead, fees, bonds, insurance, profit, etc. and that there will be no further compensation. All of the terms and conditions of the original contract documents are incorporated herein. Accepted and agreed to by Koch Armstrong General Engineering, Inc.: Nam .....�./ `. 9—Z7-iDate Note to Contractor: if you do not agree with this Change Order you may be directed to proceed with this work under the terms of the contract and you may proceed under protest. You must comply with the contract requirements of submitting a written protest to protect your claim. Originals: City Clerk, Contractor cc: Engineering project file, Project Manager 1243 National City Boulevard, National City, CA 91950 Telephone (619) 336-4380 -4- KOCH-ARMSTRONG GENERAL ENGINEERING, P.O. BOX 1190, LAKESIDE, CA 92040-0906 TEL: (619) 561.2005 FAX: (619) 561-0317 INC. SOCSARMSTRONO LICENSE 194819-A QUOTATION 12-095.1 COP 1 PAGE 2 OF 2 (revised 9-26.12) TO: DATE: We omoose to NATIONAL CITY ATTN: TEL: CELL: FAX EMAIL: stated. BYRONWADE 1243 NATRSNAL CIi'i BLVD. (Sit) 336-4380 NATIONAL on'. CA, 91950 (619) 336 4397 ' 10/2/12 byron@prolectprofessionals furnish all labor. materiaL end eoulcment necessary to perform the following items of work, subiect to terms and conditions This auotation explres 30 days from the date above and is good for work completed within one year of date above unless otherwise noted JOB LOCATION IDENTIFIED MILE OF CARS WAY (ONLY) -STREET RESURFACING & CONCRETE IMPROVEMENTS: COR1 STRIPING, REVISE BID ITEMS k11 & #12 DESCRIPTIONS AND REBID. DIEM DESCRIPTION APPROX. QUANTITY UNIT UNR PRICE TOTAL REVISION TO CONTRACT BID ITEM #11 DELETE CONTRACT REMOVE AND REPLACE STRIPING, PAVEMENT MARKINGS AND MARKERS 1 LS $ 40,470.00 REPLACE WITH REV.1 REMOVE AND REPLACE STRIPING, PAVEMENT MARKINGS AND MARKERS , 1 LS $ 26,380.00 (RV.1: ADD. "NO PREFORMED THERMOPLASTIC") REDUCE BID ITEM #11 BY 1 LS $ (14,090.00) BID ITEM #12 DELETE CONTRACT INSTALL FOUR (4) THERMOPLASTIC CHECKERED CROSS -WALKS (INTERSECTION OF MILE OF 1 LS $ 39.400.00 MILE OF CARS WAY AND NATIONAL CITY BLV.) REPLACE WITH REV.1 INSTALL (RV.1: DELETE "FOUR (4)" AND REPLACE WITH "ONE (1r) THERMOPLASTIC CHECKERED 1 LS $ 11.830.00 CROSS -WALKS (INTERSECTION OF MILE OF CARS WAY AND NATIONAL CITY BLV.) REDUCE BID ITEM#12 BY LS $ (27,570.00) CHANGE ORDER TOTAL -REDUCE CONTRACT TOTAL BY 1 LS $ (41,660.00) CONDITIONS: 1.Dces not Include permits, bode, any loon of engineering(abldng, letting, hepeden, etc.), base under concrete, redwood hearten, striping, traffic control, or Wilily adjusbrent unlms Warr/Ise specified. 2. Monthly Pngraes Payments and Full Payment upon completion. Accounts ere delinquent altar 90 days, and Boy are subject tc the maximum finance deeps afiowebb by bun. 3. Work to be done In accordance with pins, specifications. and quantities identified oboes. KocnArtrodrwp General Engineering, Inc. shall be notified In writing prior to any proposed changes. d.Subgrede to be taken ham 64.10' to balance and el or bebw optimum moisture before Kod.Annebong General Engineering, Ina. begins work unless otherwise specified. 5. Any unusual Wditions elsubesl encountered, such ea burled slobs. underground piping, trash deposits, etc. shot be deemed cause for additional charges. 6. Required Cdpmnle Preliminary Uen Information (California Civil Coda Section 3087/3098) shall be provided 10 Koch -Armstrong General Engineering, Inc. before work begins. 7. Subject In Credit Approval and verification of Ceidomla Preliminary lien informatics.. 8. Class 2 melerial 6Included Is 314' ncytled Class 2 per Cabrane Standard Spedhatlon Section 26 unless Wombs noted. Acceptance: Firm: NATIONAL CITY By: Pbue sign and return one copy -fhb quotation coneptuba 1M sob and only agreement. My prior agreements, negotiations, etc., not set bed Wein are of no force or mho_ By: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. Dale FRANK HERRERA Date RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC., IN THE NOT TO EXCEED AMOUNT OF $657,679.24 FOR THE NATIONAL CITY STREET RESURFACING AND CONCRETE IMPROVEMENT PROJECT, AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $65,768 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on September 17, 2012, did publicly open, examine, and declare four sealed bids for the National City Street Resurfacing and Concrete Improvement Project (the "Project"); and WHEREAS, Koch -Armstrong General Engineering, Inc., was the lowest responsive bidder with a proposed bid amount of $730,609.24; and WHEREAS, subsequently, Change Order Nos. 1 and 2 were entered into to revise the quantities of certain line items and to reduce the number of striping and pavement markings, a reduction of $72,930, bringing the total contract amount to $657,679.24; and WHEREAS, a 10% contingency amount up to $65,950 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Street Resurfacing and Concrete Improvement Project to the lowest responsive, responsible bidder, to wit: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $657,679.24 with Koch - Armstrong General Engineering, Inc., for the National City Street Resurfacing and Concrete Improvement. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 10% contingency amount up to $65,950 for any unforeseen changes to the Project. PASSED and ADOPTED this 16th day of October, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney AGENDA ITEM NO. 6 An error was made on the 10% contingency amount listed on the submitted A-200 Explanation for awarding the National City Street Resurfacing and Concrete Improvements, Specification 12-06. The correct 10% contingency amount is $65,768, and has been corrected in the final paragraph of the resolution. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC., IN THE NOT TO EXCEED AMOUNT OF $657,679.24 FOR THE NATIONAL CITY STREET RESURFACING AND CONCRETE IMPROVEMENT PROJECT, AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $65,768 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on September 17, 2012, did publicly open, examine, and declare four sealed bids for the National City Street Resurfacing and Concrete Improvement Project (the "Project"); and WHEREAS, Koch -Armstrong General Engineering, Inc., was the lowest responsive bidder with a proposed bid amount of $730,609.24; and WHEREAS, subsequently, Change Order Nos. 1 and 2 were entered into to revise the quantities of certain line items and to reduce the number of striping and pavement markings, a reduction of $72,930, bringing the total contract amount to $657,679.24; and WHEREAS, a 10% contingency amount up to $65,768 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Street Resurfacing and Concrete Improvement Project to the lowest responsive, responsible bidder, to wit: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $657,679.24 with Koch - Armstrong General Engineering, Inc., for the National City Street Resurfacing and Concrete Improvement. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 10% contingency amount up to $65,768 for any unforeseen changes to the Project. PASSED and ADOPTED this 16th day of October, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 'METING DATE: October 16, 2012 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of National City approving an agreement between the City of National City and Bucknam Infrastructure Group, Inc. in the not to exceed amount of $53,771 and authorizing the Mayor to execute the Agreement for the street sign inventory and pavement management software. (Funded by Gas Tax $51,971 and General Fund $1,800 PREPARED BY: Barby Tipton, Project Officer PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Engineering Division APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Funds are available in Gas Tax fund 109-406-029-299-0000 in the amount of $51,971 and General Fund 001-406-000-306-0000 in the amount of $1,800 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A 4TTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: Federal Highway Administration (FHWA) rule was implemented to revise standards, guidance, options and supporting information relating to maintaining minimum levels of retro-reflectivity for traffic signs on all roads open to public travel. By January 22, 2015, all signs must be updated. In order to comply with this rule, the City must first inventory all street signs. During the budget process for Fiscal Year 13, $52,000 to cover the cost of a Street Sign Inventory/Management Program/software as mandated by FHWA was approved. Also approved was $1,800 to purchase the necessary software for the recently conducted pavement management inventory by Bucknam Infrastructure Group, Inc. On August 7, 2012, a Request for Proposal (RFP) was published on the City website and emailed to 25 firms. On August 30, 2012, the deadline for submitting RFPs, the City received one RFP which was from Buchnam Infrastructure Group, Inc. The City recently worked with Bucknam Infrastructure Group, Inc. and was pleased with the service provided and therefore, recommends that Council approve this agreement. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BUCKNAM INFRASTRUCTURE GROUP, INC. THIS AGREEMENT is entered into this 16th day of October, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Bucknam Infrastructure Group, Inc., an engineering firm with emphasis on infrastructure (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to conduct the street sign inventory. WHEREAS, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services listed as Tasks 1, 2 and 3, as set forth and described in the attached Exhibit "A", and if additional funds are available, may perform services listed as Optional Task 2a, 4, 5 and 6 as set forth and described in the attached Exhibit "A" as funding allows. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the 1 City's Standard Agreement-2011 revision compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara A. Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Peter Bucknam thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed on Tasks 1, 2, and 3 as described in Exhibit "A". If additional funds are available, Optional Tasks 2a, 4, 5 and 6 may be added and compensation shall be based on monthly billings covering actual work performed, as also described in Exhibit "A". The total cost for all work on Tasks 1, 2 and 3 described in Exhibit "A", shall not exceed the amount of $53,771.00 without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement expires upon completion of tasks listed in Exhibit "A", but no later than June 1, 2013. 2 City's Standard Agreement —2011 revision 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 3 City'a Standard Agreement —2011 revision 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S) shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 4 City's Standard Agreement-2011 revision 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 5 City's Standard Agreement-2011 revision 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 6 City's Standard Agreement —2011 revision G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation, shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 7 City's Standard Agreement —2011 revision 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 8 City's Standard Agreement-2011 revision To CITY: Stephen Manganiello City Engineer Engineering Department City of National City 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4380 Fax: (619) 336-4397 To CONSULTANT: Peter Bucknam Bucknam Infrastructure Group, Inc. 3548 Seagate Way, Suite 230 Oceanside, CA 92056 Phone: (760) 216-6529 Fax: (760) 216-6549 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 9 City's Standard Agreement —2011 revision ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the 10 City's Standard Agreement —201 I revision parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attomey BUCKNAM INFRASTRUCTURE GROUP, INC. (Corporation — signatures of two corporate officers) By: Peter Bucknam Peter Bucknam (Print) President By: Peter Bucknam Peter Bucknam (Print) Secretary 11 City's Standard Agreement-2011 revision Scope of Work Sign Inventory / Management Tasks TASK 1: Kick-off Meeting / Quality Assurance -Quality Control The first step in implementing a successful traffic control device inventory program truly resides in frequent communication and timely scheduled data updates. For the City of National City it will be essential to establish, up front, the Traffic and Maintenance management priorities. Our team will set a Project Kickoff meeting to further discuss and review in detail the expectations of the project, technical approach and the review of schedule and budget. This effort will build consensus between the Traffic, Maintenance and Public Works departments as well as build a stronger maintenance program. The first key topics to be discussed will include the review and assessment of the existing sign data (all - ready in -hand), survey areas, replacement schedules, data quality and condition, current replacement criteria and desired service levels. During the project several project assessment meetings and project status meetings will be held to ensure that the major scope tasks and project schedule are being adhered too. Establishment of QA/QC Plan We will use a statistical sampling approach for measuring the quality of our field technician's work. In this manner, 10 percent (11 miles) of the original surveys will be re -surveyed by an independent survey crew, supervised by a field supervisor, and the results will be compared to the original surveys. Our QC process involves checking the field crews' work in a "blind study" fashion. Quality control checks will be performed at the end of each survey week. This will ensure that all field personnel are properly collecting sign attributes and quantities for all segments. TASK 2: Conduct Sign / Traffic Control Device Inventory Our staff will utilize the existing street / pavement database and GIS layers to define what streets will be surveyed; the inspection of approximately 110 miles of streets will be performed. In discussions with City staff, we are approximating a total of 8,000 signs will be located during our inspections. We will be using the digital roadway imaging that was created through our 2011 Digital Roadway imaging project to collect the traffic control elements for National City. Exhibit A Definition of Sign & Traffic Control Device Attributes We will be required to inventory specific sign and traffic control data; we have included below the typical sign and traffic control attributes collected during our surveys. Our Project Manager will work with Mr. Steve Manganiello in defining what attributes will be collected and associated with each sign and traffic control device location. These attributes typically include: + Warning, regulation and guide signs will be collected + Street name signs will be collected + Sign ID and Pole ID + MUTCD unique code, sign facing (direction) e• Street name, cross street, street side + Sign text, size and height + Post type, post count, # of signs, grouping •: Condition (Poor, Fair, Good) •:� Optional Data Collection Efforts o Other traffic control device locations will be collected, such as: • Crosswalks (Citywide), ID, color, street, cross street • Street legends (Citywide), ID, text, color, street • Street striping (Citywide), ID, color, street • Curb Markings (Citywide), ID color, street, length Our staff will use the Digital Roadway imaging software (Feature Extraction) to collect the sign and traffic control device data. Through the City's previous pavement management program survey, digital imagery was collected for each street segment; this imagery will be used to locate and collect visible signs. Each asset location will be represented with a GPS point or polyline depending on the assets definition. All inspection data is captured within the Feature Extraction software and exported to ESRI software for quality control and review. As stated above, we perform quality control in order to ensure that sign and traffic control elements are being displayed properly within the City's GIS environment. We will make sure that all sign and traffic control elements are projected with the proper coordinate and projection system. As stated, all data collected through the Feature Extraction software will be exported to a sign database for management review and eventual delivery to the City. Initially, all sign and traffic control data will reside within a MS Excel database and GIS shapefiles for City use. The City does not currently have sign management software in place; the City may elect to approve the purchase of sign software under this contract. Exhibit A If the City desires to purchase a sign management software to manage the daily and weekly tasks of maintaining a sign inventory there are several options that can be considered. We have discussed the cost and management impacts with Ms. Tipton and have listed them below: i. Manage sign assets through MS Office products (i.e. MS Excel) and current ESRI ArcMap GIS software within City (no software cost to the City) 2. Purchase a sign management software (i.e. CarteGraph SignView) to manage sign and traffic control assets (software costs range from $8,000 to $13,000) If the City elects to purchase software and/or import into an approved software, Bucknam will import the necessary sign and traffic control data. Utilizing the current MS Office and GIS tools available within the City to manage the initial implementation of the 8,000+ sign / traffic control data elements is a temporary place holder for key traffic control data, we recommend that the City research the cost of implementing this data into an existing work order system or purchase one. TASK 3: Mapping and GIS Once data collection efforts are completed, we will generate the following deliverables for the City's review: Sign inventory report (Excel) demonstrating all signs that were located along with their associated attribute data e• Sign inventory GIS map demonstrating all signs that were located o Sign condition map o Sign type (warning, regulation and guide) • Traffic Control Device reports (Excel) demonstrating all elements that were located along with their associated attribute data (Optional, if collected) o Crosswalk report and map o Street legends report and map o Street striping report and map o Curb marking report and map a• Electronic data will be delivered to the City in MS Office and GIS formats •� We will coordinate electronic data delivery with Traffic and GIS staff to ensure that all GIS mapping is projecting properly within the ESRI ArcMap software Deliverable: Complete GIS files/themes based on list above (shapefiles). Optional Services TASK 4: As -Needed Services Infrastructure Management Program Support Exhibit A Bucknam Infrastructure will provide annual support for a period of two years where we will continue to provide quality and accurate infrastructure management services. Once the City has approved the Sign and Traffic Control Inventory Report under this years work effort, this service will become active. Our typical As -Needed services include: ❖ Assist the City in identifying an appropriate Sign Management software ¢• Capital improvement budget scenarios, general reporting •:• Additional feature extraction inventories above the amount collected within Task 2 Additional infrastructure GIS mapping ❖ Infrastructure software implementation — GIS linking to Work Order systems The agreement will continue to include the provision of onsite and telephone support for the City staff. Task 5: Sign Retroreflectivity Management Evaluation According to the U.S. Department of Transportation Federal Highway Administration, all agencies were required to establish and implement a sign assessment or management method by January 2012 to ensure adequate maintenance of minimum levels of sign retroreflectivity. This precedes two other Federal mandates that agencies must comply with in 2015 and 2018. By 2015, all regulatory, warning, and ground -mounted guide signs must meet the minimum retroreflectivity requirements, and by 2018, overhead guide signs and street name signs must be in compliance. An efficient management plan must be put into place in order to meet these aggressive deadlines. Bucknam Infrastructure Group will provide the City with the most efficient and cost effective management plan to accomplish these objectives for the City. We will also provide a long term cost estimate for meeting minimum retroreflectivity requirements. The FHWA allows five (5) options for sign retroreflectivity management. These methods are Nighttime Visual Inspection, Measured Sign Retroreflectivity, Expected Sign Life, Blanket Replacement, and Control Signs. Each agency can choose to use one of these methods or a combination thereof. Each method carries its own cost -benefit analysis and this will be a part of our discussion regarding your existing sign inventory data and how we can best use it to manage your program. Through our efforts for sign collection and assessment key retroreflectivity data can now be captured in a more efficient manner. The image sets that were used to extract critical sign data now have a GIS shapefile counterpart that will give the City an edge regardless of the management program selected. Every sign in the City has been located, identified, and rated as of 2012. The City may have replaced a small number of signs since that data collection effort, but 9 times out of 10 those locations have not changed. Furthermore, this shapefile will help to manage data by enabling us to add retroreflectivity measurements and other pertinent information into its attribute table, (ie. sign replacement date, retroreflectivity rating, inspection date, etc.) Through our discussion, we will recommend the most appropriate plan for the City based upon current maintenance strategies, sign inventories, and sign records. Exhibit A Proposed Fees Description Principal Project Manager Assistant Planner Field Technicians) Admin Total by Task Base Fee $250/hr $165/hr $125/hr $82/hr $75/hr Task 1 Kick-off Meeting / QA-QC Project Kick-off Meeting 2 2 $580 Project Status Meetings - QA/QC 3 2 16 $2,057 Task 2 Device Inventories Sign Inventory (approximately 8,000 signs) (collected @ $3.80 per sign) $30,400 Task 3 Mapping and GIS 8 28 2 $4,984 Purchase of MicroPAVER software $1,800 Purchase of Sign Inventory software $13,000 Reimbursables (mileage, materials, printing deliverables) $950 property of the City of National City All Tasks are negotiable Total Hours per Staff 0 13 32 18 0 Total Base Fee $ - $ 2,145 $ 4,000 $ 1,476 $ - $53,771 Optional Fee Task 2a Inventory (Traffic Control Devices collected @$2.75 per element) 1,500) $4,125 Crosswalks (approx. 300) $855 Legends (approx. 1,000) $2,850 Fire Hydrants (approx. 800) $2,280 Task 4 As -Needed Services TBD Task 5 Management Evaluation TBD Task 6 Management Software $4,960 J. Additional services outside ofthis contract will be negotiated with the City where we will use the Standard -. Exhibit A Standard Hourly Rate Schedule Category Rate Principal $ 250 Senior Project Manager 210 Senior Engineer / Planner 180 Construction Manager 172 Pavement Management Project Manager 165 Management Analyst 160 Project Engineer / Planner 155 Engineer / Senior Technician / Planner / Senior Inspector 125 Assistant Engineer / Technician / Planner / Inspector 125 CADD Operator 105 Administrative Assistant 100 Clerical / Word Processing 79 Field Technician 82 Forensic Services Quote Reimbursables Mileage $ 0.60/mile Subconsuitant Services Cost + 15% Reproduction Cost + 15% Travel & Subsistence Cost + 15% Fees & Permits Cost + 15% Computer Services (External) Cost + 15% Rates Effective 9/1/11 Exhibit A Cilent#: 85887 BUCKASOI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 10/0912012 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 INBURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Ins. Srvcs of CA, Inc. 18101 Von Kerman Ave Suite 600 Irvine, CA 92612 CONTACT NAME: Karen Blake WI., E„ t); 949 885-1200 t�, era): 949-885-1225 aoo S: karen.blake©willis.com INSURER(5) AFFORDING COVERAGE NAICB INSURER A: Travelers Indemnity Company 25658 INSURED Bucknam Infrastructure Group, Inc. 3548 Seagate Way, Suite 230 Oceanside, CA 92056 &SURERB: Travelers Property Casualty Co 25674 IiSURERC: HSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 N�y TYPE Op INSURANCE ADDL BURR WVD POLICY NUMBER POLICY EFF (MMJDDIYYYY) POLICY EXP (MWDDJYYYY) LIMITSNN8R A GENERAL. X LIABILITY COMMERCIAL GENERAL LIABILITY 6806A55628A 09/16/2012 09/16/2013 31,000,000 oEpAApcckVHH, poeEcccTuRRRREEHce PREN08ESWoreicT,mance) $ 1,000,000 MED EXP (Any one person) S10,000 CLAIMS -MADE © OCCUR PERSONAL 8AW INJURY $ 1,000,000 GENERAL AGGREGATE 42,000,000 PRODUCTS-COMP/OP AGO 82,000,000 GENL AGGREGATE LIMIT APPUES PER: —1 POLICY I 1I JECT n LOC $ A AUTOMOBILEUABlLfY X A ANY AUTO ALL OWNED AUTOS HIRED X SCHEDULED N NONO AUTOSWNED A 6806A55628A 09116/2012 09/16/2013 f OMuNEcBINGLELIMIT rincld In GL BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per eeddent) S 8 UMBRELLA LIAB EXCESS LIAB OCCUR CtAJMS-M DE EACH OCCURRENCE S AGGREGATE $ S DEO RETENTIONS B WORKERS COMPENSATION AND EMPLOYERS- LIIARBII�L TY OFFICRtARIEMOR XCLUDED7 ECUTIVE J ' (Mandato,y In NH) If ESSC &sod& under DERIPTION OF OPERATIONS below NIA UB3790T99 09/1612012 09/1612013 X l oro ltarNrs I 1Jaw E.L EACH ACCIDENT $1,000,000 E.L DISEASE- EAEMPLOYFE 31,000,000 EL DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OP OPERATIONS! LOCATIONS 1 VEHICLES tABecl, ACORD 101, Additional Ranrrks Bohadule, N more space Is required) RE' STREET SIGN INVENTORY SERVICES PROVIDED BY NAMED INSURED, THE CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED AS RESPECT GENERAL LIABILITY & NON OWNED & HIRED AUTO LIABILITY PER ENDORSEMENT ENDORSEMENT ATTACHED HERETO. CERTIFICATE HOLDER CANCELLATION City of National City Attn: Stephen Manganiello Engineering Dept. 1243 National City Boulevard National City, CA 91950.4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2010ACORD CORPORATION. All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #54896981M489697 KLB COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 68D-6A55628A-TCT-12 ISSUE DATE: 07-26-12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): CITY OF NATIONAL CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES PROJECT/LOCATION OF COVERED OPERATIONS: STREET SIGN INVENTORY SERVICES PROVISIONS A. The fo[Iowing is added to WHO IS AN INSURED (Section It): The person or organization shown In the Sched- ule above Is an additional Insured on this Cover- age Part, but only with respect to liability for "bod- ily injury", "property damage" or "personal Injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal Injury" for which that per- son or organization has assumed liability in a con- tract or agreement. CG 08 82 09 07 The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services", e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed In that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown In the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance In COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, If you specifically agree In a "contract or agreement requiring Insurance" that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this C 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted materiel of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY Coverage Part must apply on a primary basis. or a primary and non-contributory basis, this insur- ance Is primary to other insurance that Is avail- able to such additional insured which covers such additional Insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available 10 the additional In- sured when the additional insured is also an addi- tional insured under any other insurance. C. The following is added to Paragraph B. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional Insured shown In the Schedule above because of payments we make for "bodily Injury", "property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and In effect when, the "bodily injury" or "property damage" occurs, or the "personal In- jury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily Injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense committed: a. After you have entered Into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © ZODT The Travelers Companies, In. CG D3 52 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with Its permission RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BUCKNAM INFRASTRUCTURE GROUP, INC., FOR THE NOT TO EXCEED AMOUNT OF $53,771 FOR THE STREET SIGN INVENTORY AND PAVEMENT MANAGEMENT SOFTWARE WHEREAS, a new Federal Highway Administration ("FHWA") rule was implemented to revise guidance, options, and supporting information relating to maintaining minimum levels of retro-reflectivity for traffic signs on all roads open to public travel; and inventory; and WHEREAS, the City desires to employ a consultant to conduct the street sign WHEREAS, on August 7, 2012, a Request for Proposal ("RFP") was advertised by the City; and WHEREAS, the City received one response to the RFP from Bucknam Infrastructure Group, Inc., in the amount of $53,771. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Bucknam Infrastructure Group, Inc., for the not to exceed amount of $53,771 for the street sign inventory and pavement management software. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of October, 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: October 16, 2012 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute and submit Program Supplement Agreement No. 006-N to the State of California Department of Transportation to encumber $730,000 in Federal Safe Routes to School Funding for construction of the Coolidge Avenue Safe Routes to School Project near Kimball Elementary School PREPARED BY: Stephen Manganiello, Traffic Engineer DEPARTmENTdeDeWapment Services / PHONE: 619-336-4382 APPROVED BY: Engineering EXPLANATION: Execution of the Program Supplement Agreement is required for use of Federal SRTS grant funds for construction of the project. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 323-409-500-598-6173: $730,000 (Federal SRTS Grant — Coolidge Ave); ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Program Supplement Agreement RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AND SUBMIT PROGRAM SUPPLEMENT AGREEMENT NO. 006-N TO THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO ENCUMBER $730,000 IN FEDERAL SAFE ROUTES TO SCHOOL FUNDING FOR CONSTRUCTION OF THE COOLIDGE AVENUE SAFE ROUTES TO SCHOOL PROJECT NEAR KIMBALL ELEMENTARY WHEREAS, on October 13, 2008 Caltrans awarded the City of National City a $730,000 Federal Safe Routes to School Grant for construction of the Coolidge Avenue Safe Routes to School Project near Kimball Elementary School (The "Project"); and WHEREAS, to satisfy the Grant requirements, a Program Supplement Agreement must be executed and submitted by the Mayor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute and submit Program Supplement Agreement No. 006-N to the State of California Department of Transportation to encumber $730,000 in Federal Safe Routes to School Grant funding for construction of the Coolidge Avenue Safe Routes to School Project near Kimball Elementary School. Said Program Supplement Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of October, 2012. Ron Morrison, Mayor ATTEST Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney STATE OF CALIFORNIA . BUSINESS,TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN Jr. Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916) 654-3151 Fax (916) 653-7621 September 18, 2012 Ms. Leslie Deese City Manager City of National City 1243 National City Boulevard National City, CA 91950 Attn: Mr. Stephen Manganiello Dear Ms. Deese: RECEIVED SEP 2 0 2012 File : 11-SD-O-NATC SRTSL-5066(022) In National City on Coolidge Ave near Kimball ES. Enclosed are two originals of the Program Supplement Agreement No. 006-N to Administering Agency -State Agreement No. 11-5066R. Please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting the "Authorization to Proceed" with that phase. Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully executed. A copy of the State approved finance letter containing the fund encumbrance and reversion date information will be mailed to you with your copy of the executed agreement. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, fBARRY LEAMING, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (11) DLAE - Erwin Gojuangco PROGRAM SUPPLEMENT NO. N006 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 11-5066 Adv Project ID Date: 1112000053 Location: Project Number. E.A. Number: Locode: September 7, 2012 11-SD-0-NATC SRTSL-5066(022) 11-956724 5066 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 05/02/07 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: In National City on Coolidge Ave near Kimball ES. TYPE OF WORK: Install sidewalks, curb ramps, bulb -outs, crosswalks, and signing LENGTH: 0.0(MILES) and striping enhancements. Estimated Cost Federal Funds Matching Funds LU3E $1,400,000.00 $730,000.00 LOCAL $670,000.0 OTHER $0.00 CITY OF NATIONAL CITY By Title Date Attest STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office, Date fA.04 $730.000.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 11-5066-N006- ISTEA -1- Page 1 of 4 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) TO: STATE CONTROLLER'S OFFICE Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 FROM: Department of Transportation Page 1 of 1 DATE PREPARED: 9/12/2012 PROJECT NUMBER: 1112000053 REQUISITION NUMBER / CONTRACT NUMBER: RQS 111300000064 SUBJECT: Encumbrance Document VENDOR / LOCAL AGENCY: City of National City a $ 730,000.00 PROCUREMENT TYPE: Local Assistance CHAPTER 33 STATUTES 2011 ITEM 2660-102-890 YEAR 2012 PEC / PECT 20300010535 TASK /SUBTASK 2620040 AMOUNT $ 730,000.00 ADA NOtlt For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814. 1 1 V L1-V-1Y/" 1 1 lo SRTSL-5066(022) SPECIAL COVENANTS OR REMARKS uaIuIitu-ic 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State.or Federal funds are needed for those future phase(s). 3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 4. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 5. As a condition for receiving federal -aid highway funds for the PROJECT, the Program Supplement 11-5066-N006- ISTEA Page 2 of 4 -3- 11-5D-0-NA R; SRTSL-5066(022) SPECIAL COVENANTS OR REMARKS Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Excluded Parties List System (EPLS). 6. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 7. 1. ADMINISTERING AGENCY agrees to administer PROJECT in accordance with the applicable SRTS Program Guidelines under which the project was selected. ADMINISTERING AGENCY agrees to the program delivery and reporting requirements established for the applicable SRTS Program cycle. 2. ADMINISTERING AGENCY agrees to submit a Student Tally and Parent Survey for each school to the National Center for Safe Routes to School (NCSRTS). The survey information (Student Tally and Parent Survey), collected during the regular school year, must be completed within two months of beginning the PROJECT and within two months after completing the PROJECT. ADMINISTERING AGENCY agrees to submit a copy of said surveys to the District Local Assistance Engineer (DLAE). For detailed instructions on data submission requirements refer to the NCSRTS web site at: http://www.saferoutesinfo.org/data/ 8. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Program Supplement 11-5066-N006- ISTEA Page 3 of 4 -4- 11-SD-O-NATC SRTSL-5066(022) SPECIAL COVENANTS OR REMARKS U9IU7/2U1Z Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. Program Supplement 11-5066-N006- ISTEA Page 4 of 4 -5- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT '1EETING DATE: October 16, 2012 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute and submit Program Supplement Agreement No. 007-N to the State of California Department of Transportation to encumber $500,000 in Federal Safe Routes to School Funding for implementation of an Education and Encouragement Sustainability Program for all 10 elementary schools Citywide ($100,000 local match will be "in -kind" funding for staff time and materials spent on the project)' PREPARED BY: Stephen Manganiello, Traffic Engineer PHONE: 619-336-4382 EXPLANATION: DEPARTMENT: Development Services / APPROVED BY: Engineering Execution of the Program Supplement Agreement is required for use of Federal SRTS grant funds for implementation of the project. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS 323-409-500-598-9069: $500,000 (Federal SRTS Grant — Citywide Education & Encouragement); $100,000 "In -kind" local match ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Program Supplement Agreement RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AND SUBMIT PROGRAM SUPPLEMENT AGREEMENT NO. 007-N TO THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO ENCUMBER $500,000 IN FEDERAL SAFE ROUTES TO SCHOOL FUNDING FOR IMPLEMENTATION OF A SAFE ROUTES TO SCHOOL EDUCATION AND ENCOURAGEMENT SUSTAINABILITY PROGRAM FOR ALL TEN ELEMENTARY SCHOOLS CITYWIDE WHEREAS, on June 21, 2011, the City Council adopted Resolution No. 2011-114, authorizing the submittal of a Federal Safe Routes to School grant application for a Citywide Safe Routes to School Education and Encouragement Sustainability Program in the amount of $500,000, and committing to a local "in -kind" match of $100,000, for a total project cost of $600,000; and WHEREAS, on October 17, 2011 Caltrans awarded the City a $500,000 Federal Safe Routes to School Grant for implementation of a Safe Routes to School Education and Encouragement Sustainability Program for all ten elementary schools Citywide; and WHEREAS, to satisfy the Grant requirements, a Program Supplement Agreement must be executed and submitted by the Mayor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute and submit Program Supplement Agreement No. 007-N to the State of California Department of Transportation to encumber $500,000 in Federal Safe Routes to School Grant funding for implementation of a Safe Routes to School Education and Encouragement Sustainability Program for all ten elementary schools Citywide. Said Program Supplement Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of October, 2012. Ron Morrison, Mayor ATTEST Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney STATE OF CALIFORNIA . BUSINESS,TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN Jr. Govemor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916) 654-3151 Fax (916) 653-7621 September 18, 2012 Ms. Leslie Deese City Manager City of National City 1243 National City Boulevard National City, CA 91950 Attn: Mr. Stephen Manganiello Dear Ms. Deese: File : 11-SD-0-NATC SRTSLNI-5066(023) Central ES, El Toyon ES, Ira Harbison ES, Kimball ES, Las Palmas ES, Lincoln Acres ES, John Enclosed are two originals of the Program Supplement Agreement No. 007-N to Administering Agency -State Agreement No. 11-5066R. Please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting the "Authorization to Proceed" with that phase. Please review the covenants and sign both copies of this Agreement and retum both to this office, Office of Project Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully executed. A copy of the State approved finance letter containing the fund encumbrance and reversion date information will be mailed to you with your copy of the executed agreement. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, BARRY LEAMING, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (11) DLAE - Erwin Gojuangco STATE OF CALIFORNIA . BUSINESS,TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN Jr. Govemor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916) 654-3151 Fax (916) 653-7621 September 18, 2012 Ms. Leslie Deese City Manager City of National City 1243 National City Boulevard National City, CA 91950 Attn: Mr. Stephen Manganiello Dear Ms. Deese: Enclosed are two originals of the Program Supplement Agreement No. Agreement No. 11-5066R. Please note that federal funding will be lost if you proceed with future the "Authorization to Proceed" with that phase. File : 11-SD-0-NATC SRTSLNI-5066(023) Central ES, El Toyon ES, Ira Harbison ES, Kimball ES, Las Palmas ES, Lincoln Acres ES, John 007-N to Administering Agency -State phase(s) of the project prior to getting Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be retumed to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully executed. A copy of the State approved finance letter containing the fund encumbrance and reversion date information will be mailed to you with your copy of the executed agreement. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, BARRY LEAMING, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (11) DLAE - Erwin Gojuangco -1- PROGRAM SUPPLEMENT NO. N007 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 11-5066 Adv Project ID Date: 1112000221 Location: Project Number: E.A. Number: Locode: September 7, 2012 11-SD-0-NATC SRTSLNI-5066(023', 11-956741 5066 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 05/02/07 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Central ES, El Toyon ES, Ira Harbison ES, Kimball ES, Las Palmas ES, Lincoln Acres ES, John A Otis ES TYPE OF WORK: Conduct communty& school based safety education, school nursing LENGTH: 0.0(MILES) partnrshp, establish incentive prgm Estimated Cost $600,000.00 Federal Funds LU3E $500,000.00 LOCAL $100,000.0 Matching Funds OTHER so on CITY OF NATIONAL CITY By Title Date Attest STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date 002_ , $500.000.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 11-5066-N007- ISTEA -2- Page 1 of 4 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) Page 1 of 1 TO: STATE CONTROLLER'S OFFICE Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR / LOCAL AGENCY: DATE PREPARED: 9/13/2012 PROJECT NUMBER: 1112000221 REQUISITION NUMBER 1 CONTRACT NUMBER: RQS 111300000066 City of National City a $ 500,000.00 PROCUREMENT TYPE: Local Assistance CHAPTER 33 STATUTES 2011 ITEM 2660-102-890 YEAR 2012 PEC / PECT 20300010535 TASK /SUBTASK 2620040 AMOUNT $ 500,000.00 ADA Notil For Individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814. -3- 11-5D-0-NA 1 C: SRTSLNI-5066(023) SPECIAL COVENANTS OR REMARKS 0910712012 1 ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current. Local Assistance Procedures Manual. 2. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 3. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Excluded Parties List System (EPLS). 4. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds Program Supplement 11-5066-N007- ISTEA Page 2 of 4 -4- 11-SD-0-NATC 09/07/2012 SR'TSLNI-5066(023) SPECIAL COVENANTS OR REMARKS not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 5. 1. This non -infrastructure PROJECT is funded by the Federal Safe Routes to School (SRTS) program. ADMINISTERING AGENCY agrees that any changes to the PROJECT that conflict with the approved Federal funded Safe Routes to School (SRTS) Application and/or the SRTS Program requirements in the Local Assistance Program Guidelines (LAPG) may render the PROJECT ineligible for Federal reimbursement. 2. ADMINISTERING AGENCY agrees to administer PROJECT in accordance with the applicable SRTS Program Guidelines under which the project was selected. ADMINISTERING AGENCY agrees to the program delivery and reporting requirements established for the applicable SRTS Program funding cycle. 3. ADMINISTERING AGENCY agrees to submit a Student Tally and Parent Survey for each school to the National Center for Safe Routes to School (NCSRTS). The survey information (Student Tally and Parent Survey), collected during the regular school year, must be completed within two months of beginning the PROJECT and within two months after completing the PROJECT. ADMINISTERING AGENCY agrees to submit a copy of said surveys to the District Local Assistance Engineer (DLAE). For instructions on data submission requirements, go to the NCSRTS website at: http://www.saferoutesinfo.org/data/ 4. ADMINISTERING AGENCY shall submit a copy of the consultant contract award information to the DLAE within 30 days of execution of the contract and prior to submittal of the ADMINISTERING AGENCY's first invoice. Award information shall consist of an executed consultant agreement and Exhibits, 10-C, "Consultant Reviewers Checklist", 10-02, "Local Agency Proposer DBE Information (Consultant Contract)" and if applicable, 10-01, "Local Agency Proposer UDBE Program Supplement 11-5066-N007- ISTEA Page 3 of 4 -5- 11-SD-0-NATC 09/07/2012 SRTSLNI-5066(023) SPECIAL COVENANTS OR REMARKS Commitment (Consultant Contract)" of the Local Assistance Procedures Manual (LAPM). If ADMINISTERING AGENCY is performing the PROJECT work, then ADMINISTERING AGENCY shall submit a letter indicating the beginning of reimbursable work on the PROJECT. Failure to do so will cause delay in the State processing invoices. 5. Support documentation (adequate to verify reasonableness of costs invoiced) shall accompany ADMINISTERING AGENCY invoices and shall also include the deliverables specified in the STATE approved SRTS Application. Program Supplement 11-5066-N007- ISTEA Page 4 of 4 -6- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 141EETING DATE: October 16, 2012 AGENDA ITEM NO. 10 ITEM TITLE: A Resolution of the City Council of the City of National City approving the City of National City Americans with Disabilities Act (ADA) Plan PREPARED BY: Barby Tipton, Project Officer PHONE: 4583 EXPLANATION: See attached. DEPARTMENT: Development Services/Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Americans with Disabilities Act (ADA) Plan 3. Resolution Explanation: The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, providing comprehensive civil rights protections to individuals with disabilities in the areas of employment, public accommodations and State and local government services. Title II of the ADA protects qualified individuals with disabilities from discrimination on the basis of disability in program, activities and services provided or operated by all State and local governments. Title II, mandates that a public entity evaluate its current services, policies and practices to determine whether they are in compliance with the non-discrimination regulations of the ADA. A self -evaluation is required and intended to examine programs, activities and services, identify problems or physical barriers that may limit accessibility by the disabled and describe potential compliance solutions. ADA Title II requires that ADA improvements are prioritized based on citizen request, proximity to certain land uses and building types, and ongoing capital improvement projects. National City land uses 1 These factors are used by the City Engineer to prioritize projects. (1) Citizen's requests for installation of a Compliant Curb Ramp or removal of a specific barrier or barriers shall have the highest priority. After requests, priority will be given to Pedestrian Rights of Way serving (2) state and local government offices and facilities; (3) places of public accommodation such as commercial and business zones/Capital Improvement Projects; (4) major transportation corridors; and (5) other areas such as residential neighborhoods. Criteria Community -member requests for ADA-related improvements Points 5 Street segments within 300 feet of State and local government and public use of facilities 4 Street segments within 300 feet of public accommodation facilities 3 Locations within boundaries of Capital Improvement Plans 2 Locations within 300 feet of single-family and mobile home housing, commercial office industrial area. 1 The above factors were used to assign prioritization scoring to the inventory of existing and required pedestrian ramps of the City. Each criterion is weighted based on its importance, with 5 being the most important and 1 being the least important. The City conducted the self -evaluation in June 2011 concluding that the City has an inventory of over 2,300 sidewalk curb ramps located across the city. There are 1,925 curb ramps that need updating and 37 new curb ramps need to be installed to comply with ADA standards. Type Existing Ramp ADA - Upgrade Needs truncated domes and verify slopes Quantity 1915 Sidewalk at grade with Street Needs truncated domes 10 No Ramp New pedestrian ramp is needed 37 Existing Domes Ramp has been upgraded to latest ADA standards 399 Ramps not required "No Pedestrian Crossing" sign currently exists 2 Through the prioritization analysis, points for each criterion were assigned to each curb ramp. The final priority score for each ramp is the summation of all the points assigned to it. The table below summarizes the total number of new curb ramps and curb ramp updates needed, organized by priority scores. 2 -2- Priority Hi 'hest High Medium Low Score 8-10 5-7 3-4 1-2 To Number of Number of New Ramps that Curb Ramps Need needed Upgrades 193 198 576 958 4 3 6 24 During Fiscal Year 2011-2012 Concrete Improvement Project, there were 24 of the above listed curb ramps replaced and thereby our inventory will be adjusted to reflect a total of 1,901 curb ramps that will need upgrades. The locations of each new curb ramp needed or curb ramps that need updating is depicted on the maps that follow and are color coded by priority. In order to show detail, the map of the City was separated into 4 sections; North (west), North (east), South (west) and South (east). Staff recommends approval of the ADA Plan (attached) that outlines the procedures to used in updating current inventory in order to provide civil rights protections to individuals with disabilities as required by the Americans with Disabilities Act of 1990. 3 -3- 1' • Lp;i{tp`tiI efiki� PY `. Priority Ranking • Highest • Medium • Existing Domes C=7 National City Boundary low X Ramp not required North — West Curb Ramp Priorities 4 -4- Priority Ranking • Highest • Medium • Existing Domes ' National City Boundary Low X Ramp not required North — East Curb Ramp Priorities 5 Prior ty Ranking Highest i Medium Existing Domes High i Low )( Ramp not required c=7 National City Boundary South - East Curb Ramp Priorities 6 r Priority Ranking • Highest el Medium 0 Existing Domes a National City Boundary ® High • Low X Ramp not required South - West Curb Ramp Priorities 7 Americans with Disabilities Act (ADA) Plan October 2012 -8- Table of Contents I. BACKGROUND 1 II. ADA COORDINATOR 1 III. DEFINITIONS 1 IV. Public Participation 4 V. Selection and Prioritization of Barrier Removal 1. Barriers to be Addressed 4 2. General Prioritization Standards 5 3. Annual Selection Process 5 VI. FUNDING 6 1. Leveraging Additional Funding Sources and City Programs 6 2. Additional Funding 6 3. Annual Fund 6 VII. RIGHT OF WAY ACCESSIBILITY 6 1. Street Overlays and Reconstruction 6 2. Dedicated Funding 6 3. City Monitoring of New Permitted Development/ Alterations 6 4. City Monitoring of Permitted Work to Existing Driveways 7 5. Sidewalk Maintenance Program 7 6. Preventative Efforts to Deter Movable Barriers 7 7. Slurry Seal Requirement 7 VIII. REPORTS AND MONITORING 7 1. Annual Report 2. Monitoring Report 7 8 IX. ACCOMMODATION AND GRIEVANCE 9 1. Requesting an ADA Accommodation 9 2. Filing an ADA Grievance 9 3. Accommodation and Grievance Response 10 _o_ Appendix A ADA Request for Accommodation Form 11 Appendix B ADA Grievance Form 13 Appendix C ADA Priority Ranking Worksheet 15 Appendix D ADA Monitoring Report 17 -10- I. BACKGROUND The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, providing comprehensive civil rights protections to individuals with disabilities in the areas of employment, public accommodations and State and local government services. Title II of the ADA protects qualified individuals with disabilities from discrimination on the basis of disability in program, activities and services provided or operated by all State and local governments. Title II, mandates that a public entity evaluate its current services, policies and practices to determine whether they are in compliance with the non-discrimination regulations of the ADA. A self -evaluation is required and intended to examine programs, activities and services, identify problems or physical barriers that may limit accessibility by the disabled and describe potential compliance solutions. II. ADA COORDINATOR The City Manager has designated the City Engineer as the ADA Coordinator. This position is responsible for ensuring that all programs, services, and activities of the City of National City are accessible to and usable by individuals with disabilities. The City's ADA Coordinator is: City Engineer City of National City 1243 National City Blvd National City, CA 91950 (619) 336-4380 Office (619) 336-4397 Fax To request an ADA accommodation or file an ADA grievance, contact the ADA Coordinator and follow the established procedures outlined in Section IX. III. DEFINITIONS As used in this Plan, the following terms shall have the meaning ascribed to them in this Section, which are consistent with the provisions of existing federal and state law, including the regulations promulgated thereunder. Except to the extent expressly stated to the contrary, any term not expressly defined in this Section or elsewhere in this Plan that has an expressly defined meaning in either the ADA or the regulations promulgated thereunder ("Regulations") shall have the meaning ascribed to it by the ADA or the Regulations, in that order of preference. All other terms shall be interpreted according to their plain and ordinary meaning. Americans with Disabilities Act (ADA) Plan Page 1 ADA/ADAAG: "ADA" means and refers to the Americans with Disabilities Act as contained at 42 U.S.C. § 12101 et seq. "ADAAG" means and refers to the Americans with Disabilities Act Access Guidelines, codified at Appendix A to 28 Code of Federal Regulations Part 36 and at Appendix A to 49 Code of Federal Regulations Part 37. "ADAAG Standards" means and refers to physical conditions that meet the new construction and/or alterations standards set forth in ADAAG. Compliance Period: "Compliance Period" means and refers to the period of time for which this Plan will be in effect. The Plan shall become effective upon Final Approval, and remain in effect for up to 10 years. The City may dissolve the Plan at any time upon a showing that it provides Program Access to Pedestrian Rights of Way or upon a showing that it has met or exceeded the monetary obligations specified in this Plan. Alternatively, the Plan will remain in effect until it dissolves automatically 10 years after Final Approval by City Council. Compliant Curb Ramp: "Compliant Curb Ramp" means and refers to a curb ramp that is constructed to comply with state and/or federal law (whichever provides the higher access standard) in place at the time of construction. In the case of a location where it is Structurally Impracticable or Technically Infeasible to build a fully compliant curb ramp, or where construction of a fully compliant curb ramp would constitute a Fundamental Alteration of a service, program, or activity of the City of National City or an Undue Burden on the City of National City, a curb ramp that complies with access standards, or was constructed to the standards existing at the time of construction, or to the maximum extent feasible, will constitute a Compliant Curb Ramp as long as the requirements set forth in this Plan for justifying the reasons for the City to avoid full compliance are met. Curb Ramp: "Curb Ramp" is used interchangeably with "curb cut." Detectable Warnings: "Detectable Warnings" means and refers to truncated domes which provide a tactile surface at the transition between the curb and the street, assisting pedestrians with Vision Disabilities in determining when they enter the street. Final Approval: "Final Approval" means and refers to the date when the City Council approves the "Americans with Disabilities Act (ADA) Plan" for the City of National City. Fundamental Alteration: "Fundamental Alteration" means and refers to an action that, if taken by the City of National City, would result in a fundamental alteration in the nature of the service, program or activity of Pedestrian Rights of Way in the City of National City. If the City claims that any action otherwise required by this Plan would constitute a Fundamental Alteration, the City shall have to demonstrate that such alteration would result, and the decision that an action would constitute a Fundamental Alteration must be made by the City Engineer, or his or her designee, after considering all funds available for such work, and must be accompanied by a written statement of • Americans with Disabilities Act (ADA) Plan -12- Page 2 the reasons for reaching that conclusion. Mobility Disability: "Mobility Disability" means and refers, with respect to an individual, to any physical or mental impairment or condition that substantially limits an individual's ability to move his or her body or a portion of his or her body and includes, but is not limited to, orthopedic and neuromotor disabilities and any other impairment or condition that limits an individual's ability to walk, maneuver around objects, ascend or descend steps or slopes, and operate controls. An individual with a Mobility Disability may use a wheelchair or motorized scooter for mobility, or may be Semi -Ambulatory. Pedestrian Rights of Way: "Pedestrian Rights of Way" means and refers to all sidewalks over which the City of National City has responsibility or authority as well as all Curb Ramps and crosswalks serving such sidewalks and any other pathways used by pedestrians along public rights of way, including pedestrian pathways through public parking lots. Statutory Defenses: "Statutory Defenses" means and refers to the City's right to assert under this Plan that removal of any barrier or installation of a Compliant Curb Ramp is not required because such barrier removal or curb ramp installation would be Technically Infeasible, or Structurally Impracticable, or that it would constitute an Undue Burden or Fundamental Alteration. Structurally Impracticable: Structurally Impracticable means and refers to circumstances in which the unique characteristics of terrain prevent the incorporation of accessibility features. If it is structurally impracticable to provide full access at any location along pedestrian rights of way, the City shall comply with access requirements to the extent that it is not structurally impracticable to do so. (See ADAAG § 4.1.1(5)(a)). Technically Infeasible: "Technically Infeasible" means, with respect to an alteration of a building, facility or Pedestrian Right of Way, that it has little likelihood of being accomplished because existing physical or site constraints or a lack of public right of way prohibit modification or addition of elements, spaces, or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility (See ADAAG § 4.1.6(1)(j)). Title 24: "Title 24" means and refers to the regulations set forth at Title 24 of the California Code of Regulations. Undue Burden: "Undue Burden" means and refers to an action that, if taken by the City of National City, would result in an undue financial and administrative burden. In order to demonstrate that removal of a barrier would constitute an Undue Burden, the decision must be made by the City Engineer, or his or her designee, after considering all resources available from the City Engineer Fund, and any other source of funding Americans with Disabilities Act (ADA) Plan Page 3 identified in this Agreement available for removal of sidewalk barriers, and must be accompanied by a written statement of the reasons for reaching that conclusion. In preparing such a statement, the City Engineer or designee may consider the usability of the existing facilities. IV. Public Participation The City of National City will hold workshops to discuss ADA issues and to review proposed projects. The workshops will be publically noticed and open to the public for comments. V. Selection and Prioritization of Barrier Removal The City Engineer shall make recommendations regarding barrier removal projects to be prioritized and funded from the funds available. The recommendations of the City Engineer shall be made available for public comments. The City Engineer shall have final authority over the approval and authorization of projects; however the City Engineer will not unreasonably disregard the recommendations of the public. The City Engineer is charged with specific responsibilities under this Plan related to barrier removal and access along the City's Pedestrian Rights of Way. For the life of this Plan, the City Engineer shall have ongoing responsibility for the following: 1. Barriers to be addressed The funding may be used for the following projects: (1) Installing Compliant Curb Ramps, including Detectable Warnings (at intersections where there are no curb ramps or where existing curb ramps do not meet current access standards); (2) Removing abrupt changes of level, whether caused by tree roots or any other deterioration or displacement of the surface of the Pedestrian Rights of Way; (3) Providing accessible crosswalks (by providing appropriate contrasting striping, developing or maintaining a policy concerning audible pedestrian signals, providing accessible pedestrian crossing controls, and removing any abrupt changes in level affecting the path of travel across the street; crosswalk access does not require any effort to remove slopes or cross slopes consistent_ with the slope_ of the street for vehicle traffic and/or drainage); (4) Removing obstacles in the Pedestrian Rights of Way that narrow the pedestrian pathway to less than 32 inches; (5) Removing or providing Detectable Warnings for overhanging obstacles below 80 inches above the pedestrian rights of way that are not detectible to a blind pedestrian using a cane; and (6) Removing excessive cross slopes perpendicular to the primary direction of travel along the pedestrian rights of way, whether caused by driveways crossing the Pedestrian Right of Way or by any other reason. 2. General Prioritization Standards • Americans with Disabilities Act (ADA) Plan _14_ Page 4 ADA Title II requires that ADA improvements are prioritized based on citizen request, proximity to certain land uses and building types, and ongoing capital improvement projects. These factors are used by the City Engineer to prioritize projects. (1) Citizen's requests for installation of a Compliant Curb Ramp or removal of a specific barrier or barriers shall have the highest priority. After requests, priority will be given to Pedestrian Rights of Way serving (2) state and local government offices and facilities; (3) places of public accommodation such as commercial and business zones/Capital Improvement Projects; (4) major transportation corridors; and (5) other areas such as residential neighborhoods. As outlined below, each criterion is weighted based on its importance, with 5 being the most important and 1 being the least important. Prioritization criteria and associated points are listed in the table below: Citizen's requests for installation of a compliant curb ramp or removal of a specific barrier or barriers 5 Within 300 feet of State or Local government and public used facilities 4 Places of public accommodation (businesses)/CIP project 3 Major transportation corridor 2 Residential neighborhoods 1 In all planned projects, consideration will also be given to the severity of existing barriers and overall efficiency of project work. The City Engineer has discretion to authorize the removal of barriers in lower priority categories before removing barriers in higher priority categories if they deem such prioritization to be a more effective or efficient use of barrier removal resources. 3. Annual Selection Process Every year, the City Engineer shall select and prioritize a list of barrier removal projects using ADA Ranking Worksheet (Appendix C) no later than 45 days after the beginning of the new fiscal year. The list of barrier removal projects approved by the City Engineer will be included in the Annual Report. The list of barrier removal projects may be revised by the City Engineer as necessary, during the course of the fiscal year. VI. Funding Americans with Disabilities Act (ADA) Plan Page 5 1t 1. Leveraging Additional Funding Sources and City Programs The City Engineer shall confer with the Housing & Grants Division a minimum of one time per year to assess how to best leverage additional City funds, if any, and/or additional City Programs, if any, that can be used to install Compliant Curb Cuts or remove barriers along the City's Pedestrian Rights of Way. 2. Additional Funding If any new, permanent, transportation funding source for street maintenance is created during the life of this Plan (through a ballot measure or otherwise), this additional revenue source will also be used to fund projects. 3. Annual Fund In the event that the City allocates funds in excess of a project, in any given year, such excess funds will be credited toward its future obligations in each succeeding fiscal year if permitted by funding source. VII. RIGHT OF WAY ACCESSIBILITY 1. Street Overlays and Reconstruction Each time the City overlays or reconstructs a street, it will, subject to the availability of funding, ensure that Compliant Curb Ramps are installed at each intersection as part of the overlay project. This requirement does not pertain to slurry seals, cap seals, or base failure repairs. 2. Dedicated Funding If the City obtains dedicated funding for any additional street overlays or reconstruction, it will ensure that Compliant Curb Ramps are installed at each intersection as part of the overlay or reconstruction project. 3. City Monitoring of New Permitted Development and Alterations The City will monitor all permitted construction work approved after the Effective Date of this Plan affecting the Pedestrian Rights of Way to ensure that it conforms to the requirements set forth in this Plan. In any location where an access feature required under the terms of this Plan does not fully conform to access standards, and where the City claims that full compliance is not required due to any Statutory Defense, the City's explanation of its determination that full access is not required will be included and explained in the next Annual Report. Americans with Disabilities Act (ADA) Plan Page 6 4. City Monitoring of Permitted Work to Existing Driveways The City will monitor all permitted work for existing driveways. The City will not approve any permit to modify an existing driveway that would create an unreasonable cross -slope or worsen an existing cross -slope within the path of travel along Pedestrian Rights of Way. 5. Sidewalk Maintenance Program Property owners are required to maintain their sidewalks in such a way that they do not impede public access, pose a safety hazard, endanger persons or property, or interfere with public convenience. 6. Preventative Efforts to Deter Movable Barriers Subject to its discretionary authority under the provisions of California Government Code § 818.2, the City will take reasonable steps to prevent or deter the placement of movable barriers on sidewalks, which may, but need not include conducting public information campaigns through mailers, providing community information, and utilizing other avenues of communication. recommended by the City Engineer. The City Engineer may consult with the City's Code Enforcement personnel to increase public awareness of issues related to access along the City's Pedestrian Rights of Way. 7. Slurry Seal Requirement The City will include in any slurry sealing work or cap sealing work it performs, a requirement to look for excessive build up which can create an inaccessible "lip" in the curb ramp area and will grind down any such lips subject to the City's claim that such work is subject to any Statutory Defenses. VIII. REPORTS AND MONITORING 1. Annual Report At the conclusion of each fiscal year until the end of the Compliance Period, the City shall provide a report ("Annual Report") to the City Council describing the actual work done to implement this Plan during the previous twelve months and a prospective plan of projects the City plans on undertaking to improve access to Pedestrian Rights of Way in the upcoming year. The Annual Report will be completed within one hundred and twenty (120) days from the end of the fiscal year and will include: 1. A summary or listing of all written complaints or requests for removal of particular barriers received since the prior report, including information specifying whether the Americans with Disabilities Act (ADA) Plan Page 7 City has taken action to remove the barrier. 2. Summaries of work done to ensure access and/or remove access barriers in conjunction with asphalt overlay projects, projects completed with Dedicated Funds and all ADA improvement projects. 3. A list of all barriers, if any, for which the City asserts that it has a Statutory Defense excusing installation of a Compliant Curb Ramp or removal of an access barrier. If the City asserts that it has a Statutory Defense that limits its ability to remove a barrier or to install a Curb Ramp that meets all current standards, the City will include in the report a written statement by the City Engineer (or his or her designee) providing the reasons for reaching that conclusion. To the extent that the City claims that installation of a fully compliant Curb Ramp or removal of an existing barrier would be an Undue Burden, the written statement will include his or her consideration of all resources available from the City Engineer Fund and any other source of funding set forth in this Agreement as available for the removal of access barriers. 4. Information regarding the removal of barriers along the Pedestrian Rights of Way from the City Engineer. 5. Information describing efforts made by the City or City Engineer to leverage additional programs or funding sources to install Compliant Curb Ramps or remove access barriers in the Pedestrian Rights of Way. 6. Information regarding efforts at Community Outreach, and any action being taken as a result of such community outreach. 7. Information documenting all barrier removal efforts accomplished in conjunction with Third Parties (such as utility companies). 8. A prospective plan of projects for the upcoming year based on the priority recommendations of the City's City Engineer; and approved by the City Engineer or his/her designee. 9. A Monitoring Report, as described below, for the first three years of the Compliance Period. 2. Monitoring Report The City Engineer or designee will monitor the City's compliance with this Plan for a period of three years from the date of execution. The Engineer or designee will annually inspect locations within the Pedestrian Rights of Way at which barriers have been removed to ensure that such barrier removal is completed properly within acceptable tolerances and complete an ADA Monitoring Report (Appendix D). A Americans with Disabilities Act (ADA) Plan Page 8 -18- Monitoring Report shall be included in the report to Council requesting acceptance of the work for any projects that removes/replaces a barrier. A Monitoring Report Summary will be included as part of the Annual Report to City Council. IX. ACCOMMODATION AND GRIEVANCE 1. Requesting an ADA Accommodation The request for accommodation should be made and include the telephone number of the individual requesting the accommodation Request for Accommodation Form). The request should contain program, service, activity or facility where the accommodation description of why the accommodation is needed. Complete the form and submit it to: City of National City City Engineer 1243 National City Blvd National City, CA 91950 (619) 336-4380 (phone) (619) 336-4397 (fax) name, address and (see Appendix A for the location of the is required and a Within fifteen (15) calendar days of the written request, the ADA Coordinator will respond to the individual requesting the accommodation. If the response by the ADA Coordinator does not satisfactorily resolve the issue, the individual making the request may file a formal grievance with the responsible department(s). All requests for accommodation received by the ADA Coordinator will be kept by the City of National City for at least three (3) years. 2. Filina an ADA Grievance This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act (ADA). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of the disability in the provision of services, activities and programs by the City of National City. a) Step 1- The Written Complaint The complaint should be in writing and contain information about the alleged discrimination such as name, address and phone number of the complainant and location, date and description of the problem (see Appendix B for Filing an ADA Grievance Form). Alternative means of filing complaints will be made available for Americans with Disabilities Act (ADA) Plan Page 9 -19- persons with disabilities upon request. Contact the ADA Coordinator to request this information in an alternate format or the "Request for Accommodation" or "ADA Grievance" form. The complaint should be submitted by the complainant as soon as possible, but no later than ninety (90) calendar days after the alleged violation (or discovery thereof) to: City of National City 1243 National City Blvd National City, CA 91950 (619) 336-4380 (phone) (619) 336-4397 (fax) b) Step 2 — Meeting with the ADA Coordinator Within fifteen (15) calendar days of the written complaint, the ADA Coordinator will meet with the complainant to discuss the complaint and possible resolutions. Within fifteen (15) calendar days after the meeting, the ADA Coordinator will respond in writing or in a format accessible to the complainant. The response will explain the position of the City of National City and offer options for resolution of the complaint. c) Step 3 — Appeal to the City Manager If the response by the ADA Coordinator does not satisfactorily resolve the issue, the complainant may appeal the decision, within fifteen (15) calendar days after receipt of the response, to the City Manager or an appointed representative. Within fifteen (15) calendar days after receipt of the appeal, the City Manager, or an appointed representative, will meet the complainant to discuss the complaint and possible resolutions. Within fifteen (15) calendar days after the meeting, the City Manager, or an appointed representative, will respond in writing or in a format accessible to the complainant of final resolutions to the complaint. All written complaints received by the ADA Coordinator, appeals to the City Manager, and responses from the ADA Coordinator and the City Manager, will be kept by the City of National City for at least three (3) years. 3. Accommodation and Grievance Response In responding to request(s) for structural improvement brought through the ADA Accommodation and Grievance process, the ADA Coordinator has limited funds. In the event that these allocated funds are insufficient or already spent, subsequent improvements will be prioritized and scheduled in subsequent fiscal years. Americans with Disabilities Act (ADA) Plan Page 10 -20- Appendix A ADA Request for Accommodation Form Americans with Disabilities Act (ADA) Plan Page 11 Title II of the Americans with Disabilities Act Section 504 of the Rehabilitation Act of 1973 Request for Accommodation Form Instructions; Please 17// out this form completely, using black ink or typing. Sign and send for to the address at the bottom of the page. This form is available In alternate formats by request. Name: Address City, State, ZIP Code: Telephone Number(s) Home: ( ) Work: ( ) Cell: ( ) Email Address: Name of City Service/Program or Facility Address: Date of Incident or Discovery: Describe the reason for requiring the requested accommodations (please feel free to use additional attachments as necessary): Signature of Reporting Individual: Date: (Do not write biow`dfi$ line f°or, officle Usebhwp) Date of Review: Date of Action: Action Taken: Submit to ADA Committee for next CIP project yes ■ no ■ se mail or delivery this form to: City Engineer, ADA Coordinator, City of National City 1243 National City Blvd, National City, CA 19150 Americans with Disabilities Act (ADA) Plan _22- Page 12 Appendix B ADA Grievance Form Americans with Disabilities Act (ADA) Plan I2 Page 13 AN 1 Title II of the Americans with Disabilities Act Section 504 of the Rehabilitation Act of 1973 ADA Grievance Form Instructions: Please fill out this form completely, using black Ink or typing. Sign and send for to the address at the bottom ofine page. This form is available in alternate formats by request Name: Address City, State, ZIP Code: Telephone Number(s) Home: ( ) Work: ( ) Cell: ( ) Email Address: Name of City Service/Program or Facility Address: Date of Incident or Discovery: Describe the way in which the service, program or facility is discriminatory (please feel free to use additional attachments as necessary): Signature of Reporting Individual: Date: (Do riot write b o. , WO line ? b .) Date of Review: Date of Action: Action Taken: City Engineer, ADA Coordinator, City of National City 1243 National City Blvd, National City, CA 19150 Americans with Disabilities Act (ADA) Plan -24- Page 14 Appendix C ADA Ranking Worksheet Americans with Disabilities Act (ADA) Plan Page 15 1c Priority Ranking Worksheet Fiscal Year 20 Program Location: ❑ Physical Barrier: ❑ Pedestrian Ramp Request by: (Information from Request for Accommodation Form) DATE Recommended Funding: ❑ CDBG Census Track: ❑ Gas Tax ❑ Prop A ❑ Other: Citizen'srequest 5 Within 300 feet of State or Local government and public used facilities 4 Major transportation corridor 3 Places of public accommodation (businesses) 2 Residential neighborhoods 1 Total Score t> ❑ Approved for program ❑ Deferred (Comment: City Engineer Date Americans with Disabilities Act (ADA) Plan -26- Page 16 Appendix D ADA Monitoring Report Americans with Disabilities Act (ADA) Plan Page 17 11, I/8 8 7 ADA Monitoring Report Barriers Addressed Specification# Project Title: 1. (# ) Compliant Curb Ramps, including Detectable Warnings (at intersections where there are no curb ramps or where existing curb ramps do not meet current access standards) 2. (# ) Removed abrupt changes of level, whether caused by tree roots or any other deterioration or displacement of the surface of the Pedestrian Rights of Way 3. (# ) Provided accessible crosswalks (by providing appropriate contrasting striping, developing or maintaining a policy concerning audible pedestrian signals, providing accessible pedestrian crossing controls, and removing any abrupt changes in level affecting the path of travel across the street; crosswalk access does not require any effort to remove slopes or cross slopes consistent with the slope of the street for vehicle traffic and/or drainage) 4. (# ) Removing obstacles in the Pedestrian Rights of Way that the narrow pedestrian pathway to less than 32 inches. 5. (# ) Removed or provided Detectable Warnings for overhanging obstacles below 80 inches above the pedestrian rights of way that are not detectible to a blind pedestrian using a cane. 6. (# ) Removed excessive cross slopes perpendicular to the direction along the pedestrian rights Way or by any other reason. Location s : Example 18th & High/and of way, whether all caused by 1 driveways crossing 4 primary of travel the Pedestrian Right of Ped Ramp CC: ADA Annual Report file Americans with Disabilities Act (ADA) Plan Page 18 _]fl_ RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE NATIONAL CITY AMERICANS WITH DISABILITIES ACT PLAN WHEREAS, the Americans with Disabilities Act ("ADA") was signed into law on July 26, 1990, providing comprehensive civil rights protections to individuals with disabilities in the area of employment, public accommodations, and state and local government services; and WHEREAS, Title II of the ADA mandates that a public entity evaluate its current services, policies, and practices to determine whether they are in compliance with the non- discrimination regulations of the ADA and describe potential solutions; and WHEREAS, Title II also requires that ADA improvements be prioritized based on citizen requests, proximity to certain land uses and building types, and ongoing capital improvement projects; and WHEREAS, the proposed National City ADA Plan outlines the procedures to be used in updating current inventory consistent with the Americans with Disability Act of 1990. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and adopts the National City Americans with Disabilities Act Plan. Said Plan is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of October, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 16, 2012 AGENDA ITEM NO. 11 ITEM TITLE: National City Sales Tax Update — Second Quarter 2012 PREPARED BY: Tina Norrdin, FSO PHONE: 619-336-4331 EXPLANATION: BACKGROUND National City has an on -going contract with Hinderliter, de Llamas & Associates (HdL) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data and trends within the City and Statewide. HdL also reviews National City's property tax data and provides an annual report of the Redevelopment Project areas. NEWSLETTER SUMMARY Receipts for National City's second quarter sales were 6.7% higher than the same quarter one year ago but payment aberrations skewed the data. With anomalies excluded, actual sales grew 11.4%. Autos and transportation gains came mainly from new motor vehicle sales as buyers took advantage of low interest rates and dealer incentives. New businesses boosted the building and construction, food and drug, and restaurants and hotels comparisons. Fuel and service station proceeds declined in part due to reporting aberrations following a change in business ownership. After factoring out onetime payment adjustments, all of San Diego County was up 6.6%; statewide sales grew 7.5%. The net of accounting adjustments, receipts from voter -approved Proposition "D" were unchanged. The attached Newsletter provides additional detail on the economic front. This newsletter is also available on the City's website. DEPARTMENT: Financeb dministrative Services APPROVED B FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file the newsletter BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: National City Sales Tax Update Newsletter — Second Quarter 2012. National City In Brief €receipts from second quarter sales were 6.7°it above the compa- rable sales period one year earlier but ^ �ment aberrations skewed the da_• Nith anomalies excluded. ac- tial es grew 11.45:. ,`r`=utos and transportation gains came mainly from new motor vehi- cle sales as buyers took advantage of low interest rates and aealer in- dntives but a reporting aberration caused actual gains to be understat- ed A nevi business addition in the cm-Mactor group boosted Inc build- ing and construction comparison Ne,v business openings also add- ed to food and drug and restaurants and hotels gains. ,Ft t -netime reporting a,terrations ex- aggerated the business and indus- 1ry ai general consumer goods de- cline ly temporarily inflating year- ago i ei, ts. Fuel and service sta- tion proceeds declined in part due to reporting aberrations following a change in business ownership. '-et of accounting adjustments re- ce pts from voter -approved Proposi- tion •D. were unchanged. i''.fter factoring out oneIone pay- ment aajustments all of San Di- ego County was up 6.6%. statewide sales grew 7.5`,. atiotial ales Tax Update Th rdQuarterRece pts for Second Quarter Saks (April - June 2012) SALES TAX BY MAJOR BUSINESS GROUP $1,400,000 $1,200 ,000 $1,000 ,000 $800,000 $600,000 $400,000 $200,000 $o Autos and Transportation General Consumer Goods Restaurants and Hotels Tor 25 PR In Alphabetical Order ODUCERS Arco AM PM Ball Honda Acura Mitsubishi Suzuki Kia Frank Hyundai Frank Subaru Frank Toyota Scion Hanson Aggregates Pacific Southwest Highland Arco JC Penney Macys McCune Motors Mor Fumiture for Less Mossy Nissan Nordstrom Rack One Source Distributors Penske Perry Ford Probuild Company Ron Baker Chevrolet Ross South Bay Volkswagen Target Univar Vintners Distributors Walmart Wescott Mazda Fuel and Service Stations Business and Industry 1. 2nd Quarter 2011 ■ 2nd Quarter2012 Building and Construction REVENUE COMPARISON One Quarter - Fiscal Year To Date 2011-12 2012-13 Point -of -Sale $3,027,755 $3,213,878 County Pool 349,143 383,014 State Pool (1,793) 3,226 Gross Receipts $3,375,105 $3,600,118 Leas Triple Flip' $(843,776) $(900,030) Gross Trans. Tax $2,207,797 $2,177,893 'Reimbursed from county compensation fund Food and Drugs Published by HdL Companies in Fall 2012 fidE www.hdlcompanies.com 1 888.861.0220 COMPANIES National City Sales Tax Update Statewide Results Net of payment aberrations, second quarter retail sales were 7.5"/o higher than the same period one year earlier. Purchases of new automobiles, spurred by low interest rates, easy credit and manufacturers' incentives, outpaced first quarter growth and generated 22% of the total increase. Business -to -business sales reflected strength in a number of sectors, no- tably heavy industrial, business ser- vices and equipment for energy re- lated projects. Restaurant and hotel receipts grew by 8.6%, outpacing all other industry groups except autos and transportation. Family apparel sales were strong but weak electron- ics/appliances returns and lackluster results from department stores and big box discounters held general con- sumer group gains to a modest 3.9%. Flattening fuel prices and ongoing weakness in lumber and building ma- terials sales also restrained overall re- sults. Outlook for the Year The momentum for the recovery is slowing and has recently prompted another round of "quantitative eas- ing" by the Federal Reserve Board in an effort to reinvigorate the housing market and spur business investment by keeping interest rates low. Retail growth in California, which fell fur- ther than the nation as a whole during the "Great Recession," may outpace the nation going forward but stubborn unemployment, nearly static income levels, and cautious business spending will keep overall sales at moderate lev- els at least through 2014-15. Sales Tax from On-line Retailers AB 155, which was passed last year as a compromise with Amazon.com went into effect on September 15. While the bill expanded the state's ability to require the collection of tax on out-of-state sales, local agencies expecting immediate revenue gains will be disappointed. Federal case law continues to provide that remote sellers without nexus in a state are not required to collect that state's sales tax. Amazon agreed not to contest AB 155's definition of nex- us which includes remote sellers who have annual sales in California of one million dollars or more and who have an in -state affiliate that provides ser- vices in connection with the remote seller's sales if those connected sales exceed $10,000 per year. The Board of Equalization's initial es- timate was that the legislative change would raise approximately $38.2 mil- lion in one -cent local revenues. How- ever since then, .Amazon which was a significant portion of the estimate has decided to build distribution fa- cilities in California which will divert the revenues to the hosting jurisdic- tions. Other remote sellers, such as Overstock.com, have announced that they will simply drop their in -state af- filiates to avoid collecting the tax. The Board of Equalization expects to add up to 100 staff positions over the next three years to enforce the new provisions. However, at least initially, local governments should not expect annual revenues of more than $0.25 per capita and the ultimate solution continues to be federal legislation that eliminates the nexus prohibition and levels the playing field for all retailers. SALES PER CAPITA 58,000 66,000 $4,000 $2,000 $0 02 09 National City 02 az oz 10 11 12 mommosimmins County California NATIONAL CTTY TOP 15 BUSINESS TYPES Business Type Contractors Department Stores Discount Dept Stores Electronics/Appliance Stores Family Apparel Heavy Industrial Lumber/Building Materials New Motor Vehicle Dealers Restaurants Liquor Restaurants No Alcohol Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women's Apparel Total All Accounts County & State Pool Allocation Gross Receipts National City County HdL State 02'12' Change Change Change 65.1 100.7% 4.2% 12.0% 149.6 23.6% -0.1% 1.1% 185.4 -21.8% 4.7% 3.7% 57.1 13.2% -12.1% -3.0% 152.2 -7.5% 8.0% 8.9% 48.7 1.4% 31.3% 14.7% 52.8 26.2% 16.1% 20.4% 1,085.2 17.2% 18.8% 22.2% 51.1 10.5% 13.4% 11.3% 235.1 6.5% 13.4% 8.1% 212.9 -7.8% -1.0% 2.3% 53.2 7.1% 6.4% 8.0% 72.7 -0.5% 1.0% 2.5% 83.0 16.3% 16.3% 13.6% 91.5 6.2% 0.2% 5.3% $3,213.9 6.1% 5.5% 6.PA 386.2 11.2% 53,600.1 6.7% In thousands CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 18, 2012 AGENDA ITEM NO.-12 ITEM TITLE: TEMPORARY USE PERMIT — Fall Festival hosted by the South Bay Community Church at 2400 Euclid Avenue on October 31, 2012 from 5pm to 9pm with no waiver of fees. PREPARED BY: Vianey Rolon DEPARTMENT: Nei bor,.l�..ervices Division PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is a request from the South Bay Community Church to conduct a Fall Festival at 2400 Euclid Avenue on October 31, 2012 from 5pm to 9pm. This festival consists of carnival -style game booths, concession stands and a main stage on the parking lot area. There will be inflatable jumpers with obstacle course, jousting arena and a giant slide. There will be music and other performances and other announcements. The purpose of this event is to offer a safe and fun environment for families as an alternative to "trick -or - treating" on the streets. Applicant will have a security team in place equipped with radios and they will be visibly identified with "Security" shirts. One off -duty police officer will be on site. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP. Total Fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair ✓ Festival _ Comm Parade Demonstration Circus _ Block Pa _ Motion Picture _ Grand Opening Other Event Title: Fall FeSlii ra / Event Location: sovffi Bay car>7rhai2i%C Event Date(s): From 1113i//2 to /1/21 //2 Actual Event Hours: 5-.0O1 o 9'Da am/2 Total Anticipated Attendance: 09 (.75 Participants 9 Spectators) Setup/assembly/construction Date: /0/31 hi Start time: ga471 Please describe the scope of your setup/assembly work (specific details): ya ri oas & f Op I 6/es / sinks sf , t deer: Dismantle Date: / `3l//2 Completion Time: 11'0 am/9 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. 4/ Sponsoring Organization: Svc e awe-re/9 Chief Officer of Organization (Name) v't vi d Johe s Applicant (Name): Ali Ke ea re/ a Address: 24'°0 Al"enhe / /va-frn41 Cray Daytime Phone: (WI) 20' 5'509 e/`1. Evening Phone: ( ) Fax: 0 67 - 3370 E-Mail: rW4 eciuser ra Jes U s . org Contact Person "on site" day of the event: M i Ke &. Cellular: gg7- - q-539 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? ✓YES _ NO Are admission, entry, vendor or participant fees required? YES i/NO If YES, please explain the purpose and provide amount(s): "c/ $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ !1 0 Estimated Expenses for this event. fl $ What is the projected amount of revenue that the Nonprofit Organ' ation 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. te-ad!/v / Cons;r Co,ssi " r'rl ffohc ?ivnergd hi`ch trill t&7 /e an ebs- /e r4 and DI? OW olrt=, 'ant slid. There ku"/l (z `mist and "'thet- a Nun •' ' . tfd 1 vnair s -r, - - e ate r cur �" r 4 54-- artd rn enl'r.-vr),.Q otL pan), bey r n cIi u-c/i ,znai lrutrot/Ad ItI - term `nondi:e s a c M Gl icr/l 'r,,o 10 -/ is -A— �nfafih or, trie sir -ea _ 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: r1/ej YES V NO Does the event involve the sale or use of alcoholic beverages? /4_4�'� YES NO Wili items or services be sold at the event? If yes, please describe: T _ YES _ YES Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES V NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. V YES _ NO Will the event involve the use of the CItY or yopr stag or PA system? SPECIFY: Ole awns et-ir.Sct.nA<S 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 Prepa tion areas Please describ how to d will be served at the event: 7. SerYia /Z7 1 eor /Ciu '/, R t s If you intend to cook food in the event area please specify the method: _ GAS _ELECTRIC _ CHARCOAL V OTHER (Specify): al -Portable and/or Permanent Toilet Facilities Number of portable toilets: I (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 # /5 and Chairs # / DO 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 conclus'on of the event the area must be returr}ed to a clean condition.) Number of trash cans: " 0 Trash containers with lids: (o Describe your plan for clean-up and removal of waste and garbage during and after the event: Glean op crave aft sch ,uJee/ t�i' rrcd- .evemi oo * cPo Che-s and Of%-i' kanir cvf i/ de cf ,, up a jer'- fht-- ekerg spve.s- -tier dtsabled pargtni Please describe your pins to notifjyy all resid ts, event: nei5nborhe Piyers ar NOTE: Neighborhood residents must be notified scheduled in the City parks. Please describe your procedures(�for both Crowd Control and Internal Security: �1 r it, i4 a •ctati+,`' rl t rr &pip u yth rRdias aid nisi 6/y ider244 wife. 'ISaUP_ITY"„�,,rfg. Gl� occ dS / /ire r'cer win be on sue, _ YES - NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: /YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure afgty of the participants and spectators: l rif�i f� will be. to. PI ase 'ndic tow at arrangement ou h ve made foy,p�rovidin Fi Aid taffin and Equipment. 'rs ai wil(g �Yarfa ' ai' gyp" in-rafi,on a nor SCCur1 y 4eaivi Yias been iti.S'>rruc/rd fa tan/lean? minor s�VaaJi Please,describe your ccessibili�y Plan for access a't your ev nt by individuals with disabil' ies: i� ca el x�+-tcrY�stu�1S ands restrains . itfi evens wrl/ a�- reimq+l %t'el Please provide a detailed description of your PARKING plan: ioe pi�hi an ovr f®� dnd o f sor t parkrni r ' rice ss Please describe your plan for DISABLED PARKING: we have cicatrix marked rl pysiinKs$es aand churches impacted by the 72 hours In advance when events are 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: Type of Music: Ci,W €f Ckr)... 4cw% YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 5,'00 am/ Finish Time 00 am/1 V YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: {' OU am/'er Finish Time it•30 am r ' Please describe the sound equipment that will be used for your event: euifar�. ampIiAer, spedke►y _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: ✓YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: sits& (h+i , Revised 02/29/12 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. sots hBay Co✓imunt Chareki Organization Person in Charge of Activity pi lraVC;q IAA l k , l��r► Address 2400 &Gel; d Arevtut, Nafr'D,laf G Telephone(6M) `153q Date(s) of Use /°%/l /z HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For fl u seU Only Certificate of Insurance Approved Date Big Slide Euclid Avs ;trance Enter&Exit-> (Only Entrance) Fire Extinguisher Basket- ball Playground Area Football Toss Cake Walk 2 Port- o- Pottys Dart Shooting Ping Bottle Fishing Island in Parking Lot Balloons Game Pong Toss Game Fire Extinguisher Stage Bean Ring Strength Extra 1 Toss Test Game Booth Table Table Cup- cake Corn Table Table Table Fire Extinguisher Nacho Hotdog Other Food Taco Jousting Ring Fire Extinguisher A Exit Obstacle Course Enter Info Booth Coffee A Exit Church Building A Entrance P a r k n g CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: South Bay Community Church EVENT: Fall Festival DATE OF EVENT: October 31, 2012 TIME OF EVENT: 5pm to 9pm APPROVAL; DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Speakers shall face away from residential areas to the extent possible. All activities shall comply with Title 12 (Noise) of the NCMC. No comments from Engineering Dept. Building Division has no comments RISK MANAGER (619) 336-437000000 Provide valid copy of insurance certificate naming the City of National City. Provide Additional insured endorsement naming the City of National City as an additional named insured PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event. FINANCE If the food vendors are from within the Church they will only need the "food handler certificates" from the Health Department. If the Food Vendors are not from the Church they will need a business license and Health Permit. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times. 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) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 4) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 5) Fire hydrants and fire department connections shall not be blocked or obstructed at any time. 6) Exit to be maintained in an obstructed manner at all times. Exit way to be clear of all obstructions. 7) Exits to be posted - EXIT. 8) No open flames or smoking inside or adjacent to INFLATIBLE ZONE. Signs to be posted - NO SMOKING. 9) Extinguishers to be mounted at Inflatible Zone, and shall be 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. An extinguisher shall aso be placed at the stage. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area inside tent or canopy. Please see attached example. 10) Internal combustion power sources that may be used for inflatable rides shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 11) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride. 12) Automobiles and other internal combustion engines shall be a minimum distance of twenty feet (20) from Infiatible Zone are. 13) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "temporary Wiring" only. 14) If tents or canopies are used, tents having an area in excess of 200square 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 spread shall be provided to the National City Fire Department if applicable. 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 15) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 20 feet of amusement rides or devices 16) 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. All fire extinguishers to have a current State Fire Marshal Tag attached. 17) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. 18) First Aid will be provided by organization 19) Fees can only be waived by City Council. *'''Note: Organizer shall contact the National City Fire Department for cost associated with tents which may be used for this event If you have any questions please feel free to contact me. COMMUNITY SERVICES CS has no involvement. Just a note that this is on the same day, same time as our Tower of Terror POLICE There is no request for police services and the event is on private property. The PD has no stipulations on the event. 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. City of National City Fire Department Phone (619) 336-9550 tav TEMPORARY USE PERMIT - STIPULATIONS DATE: September 27, 2012 TO: Vianey Rolon, Neighborhood Services FROM: Robert Hernandez / Fire Marshal SUBJECT: Fall Festival DATE: October 31, 2012 Please call for inspection. No cost for inspection during normal business hours Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not Tess than 13 feet 6 inches. 3) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 4) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 5) Fire hydrants and fire department connections shall not be blocked or obstructed at any time. 6) Exit to be maintained in an obstructed manner at all times. Exit way to be clear of all obstructions. 7) Exits to be posted - EXIT. 8) No open flames or smoking inside or adjacent to INFLATIBLE ZONE. Signs to be posted - NO SMOKING. 9) Extinguishers to be mounted at Infiatibie Zone, and shall be 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. An extinguisher shall aso be placed at the stage. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area inside tent or canopy. Please see attached example. 10 Internal combustion power sources that may be used for inflatable rides shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 11 Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride. 12 Automobiles and other internal combustion engines shall be a minimum distance of twenty feet (20) from Infiatibie Zone are. 13 Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "temporary Wiring" only. 14 If tents or canopies are used, tents having an area in excess of 200square 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 spread shall be provided to. the National City Fire Department if applicable. Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 Tents: 601—700sf- 0 —200 sf - 201 — (+) sf - $400.00 $200.00 $400.00 15 Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 20 feet of amusement rides or devices 16 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. All fire extinguishers to have a current State Fire Marshal Tag attached. 17 A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. 19 First Aid will be provided by organization 20 Fees can only be waived by City Council. **Note: Organizer shall contact the National City Fire Department for cost associated with tents which may be used for this event If you have any questions please feel free to contact me. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 18, 2012 AGENDA ITEM NO. 13 ITEM TITLE: TEMPORARY USE PERMIT — Cornerstone Harvest Festival hosted by Cornerstone Church of San Diego at 1914 Sweetwater Road on October 31, 2012 from 9 a.m. to 12 a.m.-midnight with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighb APPROVED BY: This is a request from Cornerstone Church of San Diego to conduct a Harvest Festi ttf 1914 Sweetwater Road on October 31, 2012 from 5pm to 10pm. s Division The event will include live Christian Worship music, activities for children such as games, face painting, entertainment. The highlight of the event will be the "Trick or Treat" where hand out store-bought packaged candy as a Halloween alternative will be given out. No street closures are requested. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP, plus $200.00 for the Fire Permits. Total Fees are $437.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: 'NIA, ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair _ Festival Parade _ Demonstration _ Circus Motion Picture _ Grand Opening L Other Event Title: 14 I4Y (/.es 4- Fe S l- Event Location: C!YPIG VSr 641...K4 K 5c-ci 4114ko Event Date(s): From /ob/ to /013 f 11 ? Total Anticipated Attendance: /coop 0 Monti/Day/Year ( Participants) ( Spectators) Actual Event Hours: tAisf4)/pm to 1 7 geer Setup/assembly/construction Date: / 0I ((tl Start time: Sit o Sc.,. Please describe the scope of your setup/assembly work (specific details): Te`►•.eora, j S44st_ Stx.HA F (/et dor Poe- cc •,op;fsi (AO Tkk5 Dismantle Date: AIN/ 2- Completion Time: 1 Z 044,. m 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. tAl4 Sponsoring Organization: Ccv v vS ou. c NvvL k 0 F For Profit ✓Not -for -Profit Chief Officer of Organization (Name) &vre o QC L,4 4Itok. Applicant (Name): grit1t.£ /'t jc .k, Address: 1 Q (14 St4.Ct44firA'tey /l e 1.1a4-:vtia( C t+y) C,a ' !95 0 Daytime Phone: (r(S) c(1t-533i Evening Phone: ((,5) -7€11- CCU. Fax: (yr5 ) y2r-f Lyr Contact Person "on site" day of the event: $r'(cl lP1 /%tc, k-L) Pager/Cellular: 6,/c2 3 '(.2_ 6 S ( Z NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 • Isye rnization a "Tax Exempt, nonprofit" organization? bCYES NO admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): EstimatedGross-Receipts inclUding ticket, product and spnnsorship sales from this event. $ Estimated Expenses for this 'event. Whatis 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. C 14 thre“... .541.1Sev-eil 1414 PeS4- *t.S4- 4-4 1.4e1.1.610v 6zics,t. kz 141-c I-1 «wil £. 'Host-kat cch4,11:0A Seuft,(- 54A5-Poc‘-ev• ge&tevIcovw ut4,1 +0 Tr, Pc)(4..e.- 14‘,.01: 44/ Sy• YES 0 If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES if..NO Does the event involve the sale or use of alcoholic beverages? _ YES (NO Will items or services be sold at the event? If yes, please describe: _ YES , NO YES 4--NO YES NO YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? if YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Cl Sizes is K ( o NOTE: A separate Fire Department permit is required for tents or canopies. 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: tAI 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 your plan for clean-up and removal of waste and garbage during and after the event: C OQVC , Ter-AAfa.; (( do Al( 3 Please describe your procedures for both Crowd Control and Internal Security: CgtAet.k fGk.c..tC c:Lk. S'rov6dt rvor._.( rr., e cut, YES 1-p10 Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES — NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: -:t( AAA. f- LiS4f- 1—ek_evS 3 DF Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. C(-tc..vc EA lei (A. pvaliC{.1 i'•k.€dLC0 S-F0%.�r Dr v;d.c LS+ L4:c.t boa.-L Please describe your Accessibility Plan for access at your event by individuals with disabilities: C c-lywca, Lt,4 (( vS0.4 ,ei.6-4-, tiS 44k K..1.1 sresi , (;4Y ,/ 1 Please provide a detailed description of your PARKING plan: C4yyCt, 4; (t Vtc $ e It(s4 `S PA'ic;tis SOct44—. (' 140%..c ,e, Lt..t rem"., s-1 FF Please describe your plan for DISABLED PARKING: di-Cu-6W gi4r.4;t,,S 4 C E-4vv Lc. t .: (t IiS:c Please describe your plans to notify all residents, businesses and churches impacted by the event: nl,s iMt s S cc,: 1 be 0 fm-i tri:4-c,:i. 77 tvvc pr, o v AT) gt...ev+- NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. L.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: t Type of Music: [' ter; S. -5%,„k yN OS; Tt\YES _ NO Will sound amplification be used? If YES, please indicate: Start time: Finish Time qr am/t9 $YES NO Will sound checks be conducted prior to the event? If YES, please indicate: ame Start time: am/i• ii Finish Time C.f' p ame Please describe the sound equipment that will be used for your event: feK-fea, F11 , Sn t , .( c .,—A -dui P t tam. f- _ YES .40 Fireworks, rockets, or other pyrotechnics? If YES, please describe: i(YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Ti);;c a.1 120, up, 134 r kerS S(F eok-- Revised D8/10/05 5 For Office 'Use OnCy Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building &Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization CA5 rru2 v5-I o r'. o F &ti t9)*P9,e Person in Charge of Activity &cli fir 1413 Address /' / �( JLr.L¢ �c 4-Fl ill (Ja -F� I a i 4-`f t 4 ,fSl-0 Telephone (o/4 )s{45, S 3 Date(s) of Use te,13(//?— HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. i Signature of Applicant r$►Ci I i 1-14S tartC 4 O icial Title SO 2- Date For Office Use Only Certificate of Insurance Approved . Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? I\ Yes (proceed to Question 2) No (Please sign>the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization t' _orktQ1r 41,1,4 1:44cirr_ .% b F Smo, A,' a ,® Type of Organization ..c(.` (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) X.No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? ' Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. __ No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? __ Yes Year funds were received: Funds were used to: �` No (P lease sign the form and submit it with the TUP Application) SignaturehA 9 Date Guest seating 0 0 0 Kettle Corn tl Grill Corn Sales Elec Grill Hot Dogs 000 Drinks Table Table Electricity Table fs off,j•1 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Cornerstone Church of San Diego EVENT: Harvest Festival 2012 DATE OF EVENT: October 31, 2012 TIME OF EVENT: 9am-12am (midnight) APPROVALS* DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 All lights shall be directed away from the street. All speakers shall be directed away from any residential areas. Amplified sound shall comply with the restrictions of NCMC Title 12 (Noise). RISK MANAGER (619) 336-4370 Obtain Certificate of Insurance showing the City of National City as certificate holder Provide Additional insured endorsement naming the City of National City as an additional insured PUBLIC WORKS (619)366-4580 Pubic Works has no involvement in this event. FINANCE If the food vendors are not from the church they will need a business license. If the food vendors are from the church they will need to submit a copy of the health permit (they have their own licensed cafe) and no additional license will be required. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways. 2) Fire Department access into and through event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation 7) Tents shall not be located within 20 feet of lot lines, buildings, other tents, canopies or membrane structures, parked vehicles or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure, tent or canopy 8) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as `Temporary Wiring" only. Consult building official for requirements 9) Vehicles shall be isolated from contact with the tents or canopies, Vehicles shall be at least 20 feet away from tents or canopies 10) First Aid will be provided by Cornerstone Church of San Diego personnel 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event 12) Inspection shall be required on September October 31, 2012 prior to the start of the event. Please contact the National City Fire Department to arrange time of inspection 13) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($200.00) dollars. 14) Request a meeting with event organizers at City Hall prior to this event. 15) Fire Department fees can only be waived by City Council. If you have any questions please feel free to contact me. COMMUNITY SERVICES Community Services has no involvement with this event but would like to note that it is the same night as Tower of Terror. POLICE The police department has not participated nor has been requested in this annual event. It is recommended that the Cornerstone Church supply private security personnel on a private property event. No police department resources will be allocated. CITY ATTORNEY CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT IEETING DATE: October 16th, 2012 AGENDA ITEM NO. 114 ITEM TITLE: Warrant Register #12 for the period of 09/12/12 through 09/18/12 in the amount of $2,403,056.32. (Finance) PREPARED BY: K. Apalategui; DEPARTMENT: Fina e PHONE: 619-336-4331 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period of 09/12/12 through 09/18/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Paradise Creek 303888 159,015.71 WI-TOD Housing Bond Basile Construction 303908 HCFA/City of El Cajon 303941 project Professional 303960 SDG&E 303965 FINANCIAL STATEMENT: ACCOUNT NO. 1 N/A1 ENVIRONMENTAL REVIEW: N/AN ORDINANCE: INTRODUCTION: 697,199.43 64,975.00 68,346.34 59,912.37 FINAL ADOPTION: APPROVED: APPROVED: Expense Reimbursement 8th Street Underground & Sewer Services Fire Dept Member Dues For FY 2013 8th Street Utilities Construction Services Facilities Gas & Electric Finance MIS STAFF RECOMMENDATION: (Ratification of warrants in the amount of $2,403,056.32 BOARD / COMMISSION RECOMMENDATION: N/A 4TTACHMENTS: 10/arrant Register #12 PAYEE BEST WESTERN MARINA GATEWAY HARTE HANKS SHOPPERS INC SYLVIA FRANKLIN CARAVANTES EQUIFAX INFORMATION SVCS PARADISE CREEK STAPLES ADVANTAGE VERIZON WIRELESS 3M LIBRARY SYSTEMS AMAZON BAKER & TAYLOR BRODART CO MIDWEST TAPE SPRINT STAPLES ADVANTAGE U S POSTMASTER -ROX CORPORATION 3ANA INDUSTRIES AETNA RESOURCES FOR LIVING AFLAC AGUELO ALDEMCO ALL FRESH PRODUCTS ARCO GASPRO PLUS ATANGAN BASILE CONSTRUCTION BEECHER BONSUISSE INC BOOT WORLD BRENNTAG PACIFIC INC CARRILLO CHEVRON & TEXACO CLAIMS MANAGEMENT ASSOCIATES CLEAN HARBORS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS DALEY & HEFT LLP DANIELS TIRE SERVICE DATA TICKET INC DIAZ MAX ENGINEERING GIL CORPORATION ESGIL CORPORATION FEDEX FERNANDEZ FLORES GISH WARRANT REGISTER #12 9/18/2012 DESCRIPTION ROOMS FOR SEWER BACKUP VICTIMS ADVERTISING 2012 STATE OF THE CITY LIABILITY CLAIM COSTS SETTLEMENT / INCREASE HEALTHPLAN EQUIFAX SVCS / SEC 8 EXP REIMBIWI-TOD HOUSING/BOND FUND MOP 45704. OFFICE SUPPLIES / SEC 8 VERIZON WIRELESS SVCS - SECTION 8 ANNUAL MAINTENANCE FOR SELF -CHECK OUT BOOKS - AS NEEDED FOR FY 2013 BOOKS - AS NEEDED FOR FY 2013. BOOKS - AS NEEDED FOR FY 2012. DVD'S, AS NEEDED FOR FY 2013. VIDEO CONFERENCING, LONG DISTANCE, AS MOP 45704 - SUPPLIES POSTAGE FOR OVERDUE NOTICES, AS NEEDED XEROX BASE CHARGES AND OVERAGES FOR FY HYDROCHLORIC ACID, DRY CHLORINE EMP ASSISTANCE PROGRAM-SEPT 2012 ACCT BDM36 - SEPT 2012 EMP BENEFITS 2010 - 2011 FOOD, CONSUMABLES FOR NUTRITION CENTER FOOD FOR NUTRITION CENTER FUEL EMP BENEFITS 2010-2011 8TH ST. UNDERGROUNDING & SEWER EMP BENEFITS 2010-2011 MILK, DAIRY FOR NUTRITION CENTER MOP 64096 WEARING APPAREL BULK CHLORINE EMP BENEFITS 2010-2011 MOP 45699 FUEL LIABILITY CLAIMS SVCS / SEP 2012 HAZARDOUS WASTE PICKUP HAZ MAT PERMIT / FIRE RCS COMMUNICATIONS MAINTENANCE COX COMMUNICATIONS DATA AND VIDEO LIABILITY CLAIM COSTS RECAP USED TIRES APPEALS, ON-LINE ACCESS/ JUL 2012 REIMBURSEMENT - HAZMAT EMERGENCY COOLIDGE AVE PRD'S PLAN CHECK SERVICES FOR FIRE DEPT CONSULTANT SERVICES / BUILDING SPECIAL HANDLING CHGS - ENG EMP BENEFITS 2010-2011 EMP BENEFITS 2010-2011 EMP BENEFITS 2010-2011 1/3 CHK NO DATE AMOUNT 303883 9/13/12 4,049.64 303884 9/13/12 285.20 303885 9/17/12 1,718.42 303886 9/18/12 211.00 303887 9/18/12 51.74 303888 9/18/12 159,015.71 303889 9/18/12 387.32 303890 9/18/12 773.12 303891 9/18/12 8,598.60 303892 9/18/12 1,587.19 303893 9/18/12 2,050.81 303894 9/18/12 739.60 303895 9/18/12 1,156.82 303896 9/18/12 11.22 303897 9/18/12 1,062.66 303898 9/18/12 272.36 303899 9/18/12 1,755.46 303900 9/18/12 370.49 303901 9/18/12 737.48 303902 9/18/12 990.38 303903 9/18/12 156.16 303904 9/18/12 6,457.10 303905 9/18/12 340.54 303906 9/18/12 40,498.20 303907 9/18/12 284.00 303908 9/18/12 697,199.43 303909 9/18/12 36.50 303910 9/18/12 741.09 303911 9/18/12 250.00 303912 9/18/12 921.40 303913 9/18/12 685.50 303914 9/18/12 569.16 303915 9/18/12 4,965.00 303916 9/18/12 1,652.00 303917 9/18/12 418.00 303918 9/18/12 9,339.96 303919 9/18/12 29.11 303920 9/18/12 775.00 303921 9/18/12 1,460.40 303922 9/18/12 3,354.85 303923 9/18/12 48.65 303924 9/18/12 7,038.75 303925 9/18/12 1,437.80 303926 9/18/12 17,627.25 303927 9/18/12 53.63 303928 9/18/12 36.50 303929 9/18/12 182.50 303930 9/18/12 65.00 PAYEE GOVPARTNER GW SCHOOL SUPPLY HAMILTON MEATS & PROVISIONS HARRIS & ASSOCIATES INC HARTE HANKS SHOPPERS INC HARTE HANKS SHOPPERS INC HARTE HANKS SHOPPERS INC HARTE HANKS SHOPPERS INC • HARTE HANKS SHOPPERS INC HAUG HCFA C/O CITY OF EL CAJON HEIMAN FIRE EQUIPMENT INC HERNANDEZ IRON MOUNTAIN KIMLEY HORN AND ASSOC INC LENA PROPPS LORONA MARIO LOPEZ MARTA RIOS MCDANIEL N C CHAMBER OF COMMERCE NATIONAL CITY CAR WASH NETAPP PUBLIC SECTOR NISSLEY ORKIN PEST CONTROL PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PARTY PALS PRO BUILD PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY ROY INGA JR SAN DIEGO COUNTY ASSESSOR SAN DIEGO TROLLEY INC SDG&E SEAPORT MEAT COMPANY SMART & FINAL SOUTHWEST SIGNAL SERVICE STAPLES ADVANTAGE STARTECH COMPUTERS SWEETWATER AUTHORITY SYSCO SAN DIEGO THE DUMBELL MAN FITNESS EQUIPM TSI UNDERGROUND SERVICE ALERT UNITED ROTARY BRUSH USA MOBILITY WIRELESS, INC. VERIZON WIRELESS WARRANT REGISTER #12 9/18/2012 DESCRIPTION ANNUAL HOSTING CRAFT SUPPLIES / CSD FOOD FOR NUTRITION CENTER CONCRETE IMPROVEMENTS, SPEC. 11-06 ADVERTISING 125 ANNYVERSARY-9/12/12 ADV/STATE OF THE CITY 2012/10-07-12 ADV/STATE OF THE CITY 2012/10-14-12 ADVERTISING 125 ANNYVERSARY-9/05/12 ADVERTISING 125 ANNYVERSARY-8/22/12 EMP BENEFITS 2010-2011 MEMBER DUES FY13.- FIRE DEPT EQUIPMENT EMP BENEFITS 2010-2011 RECORDS MANAGEMENT & DOCUMENT STORAGE D AVE ROUNDABOUT EMP BENEFITS 2010 - 2011 EMP BENEFIT FY 2010-2011 EMP BENEFITS 2010 -2011 EMP BENEFITS 2010 - 2011 EMP BENEFITS 2010 - 2011 TOURISM MARKETING FEE - JULY 2012 CAR WASHES NETWORK APPLIANCE STORAGE SUPPORT EMP BENEFITS 2010 - 2011 PEST MAINTENANCE SMOG CERTIFICATION & REPAIRS JANITORIAL, HDM SUPPLIES FOR NUTRITION EVENT SUPPLIES FOR 125 ANNIVERSARY MOP 45707 PLUMBING MATERIAL 8TH ST. UTILITIES CONSTRUCTION MOP 45742 LAUNDRY SERVICE EMP BENEFITS 2010 - 2011 RECORDS/TRUST & FULL RECONVEYANCE TROLLEY FLAGGING SERVICES / NSD FACILITIES GAS & ELECTRIC FOOD FOR NUTRITION CENTER MOP 45756 MISC SUPPLIES - FIRE TRAFFIC SIGNAL & STREET LIGHTING MOP 45704 MATERIALS & SUPPLIES MOP 61744 MATERIALS - MIS WASTEWATER WATER BILL SUPPLIES FOR NUTRITION CENTER CAP GREY CAST HEX DUMBBELL I FIRE PRO RESPIRATOR FIT TESTER / FIRE UNDERGROUND SERVICE ALERT CHARGES SWEEPER REPAIRS PAGING SERVICE WIRELESS PHONE SVC 08/02 - 09/01/12 1/3 CHK NO DATE AMOUNT 303931 9/18/12 44,000.00 303932 9/18/12 444.81 303933 9/18/12 1,323.17 303934 9/18/12 360.00 303935 9/18/12 508.13 303936 9/18/12 285.20 303937 9/18/12 285.20 303938 9/18/12 169.61 303939 9/18/12 125.94 303940 9/18/12 101.50 303941 9/18/12 64,975.00 303942 9/18/12 424.18 303943 9/18/12 328.50 303944 9/18/12 142.00 303945 9/18/12 11,287.78 303946 9/18/12 10.16 303947 9/18/12 28.50 303948 9/18/12 2 303949 9/18/12 3 303950 9/18/12 730.00 303951 9/18/12 36,940.15 303952 9/18/12 495.00 303953 9/18/12 1,650.00 303954 9/18/12 138.00 303955 9/18/12 373.33 303956 9/18/12 573.48 303957 9/18/12 124.37 303958 9/18/12 8,645.00 303959 9/18/12 785.82 303960 9/18/12 68,346.34 303961 9/18/12 313.71 303962 9/18/12 28.50 303963 9/18/12 468.00 303964 9/18/12 38.40 303965 9/18/12 59,912.37 303966 9/18/12 1,028.34 303967 9/18/12 392.69 303968 9/18/12 10,740.48 303969 9/18/12 93.07 303970 9/18/12 1,246.27 303971 9/18/12 332.24 303972 9/18/12 5,6c" 303973 9/18/12 1,4 303974 9/18/12 303975 9/18/12 159.00 303976 9/18/12 795.73 303977 9/18/12 786.60 303978 9/18/12 3.40 3/3 WARRANT REGISTER #12 9/18/2012 PAYEE DESCRIPTION CHK NO DATE AMOUNT W W GRAINGER MOP 65179 ELECTRICAL MATERIAL 303979 9/18/12 362.02 WILKINS EMP BENEFITS 2010-2011 303980 9/18/12 182.50 WILLY'S ELECTRONIC SUPPLY MOP 45763 MATERIALS - MIS 303981 9/18/12 101.94 ZENGOTA EMP BENEFITS 2010-2011 303982 9/18/12 401.50 A/P Total 1,320,880.74 WIRED PAYMENTS TRISTAR RISK MANAGEMENT AUG 2012 WC REPLENISHMENT 307123 9/13/12 70,183.33 Start Date End Date SECTION 8 HAPS PAYMENTS 9/12/2012 9/18/2012 19,469.20 PAYROLL Pay period Start Date End Date Check Date 19 8/21/2012 9/3/2012 9/12/2012 992,523.05 GRAND TOTAL $ 2,403,056.32 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 N RRDIN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SO1FLO-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 16th OF OCTOBER, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 'METING DATE: October 16th, 2012 AGENDA ITEM NO. 115 ITEM TITLE: Warrant Register #13 for the period of 09/19/12 through 09/25/12 in the amount of $308,267.46. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finance PHONE: 1619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 09/19/12 through 09/25/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Mile of Cars Association 304051 63,635.61 FY11-12 Apportionment #9,10&12 FINANCIAL STATEMENT: ACCOUNT NO. N/A1 ENVIRONMENTAL REVIEW: 1 N/iN ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: 1 Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $308,267.46 BOARD / COMMISSION RECOMMENDATION: N/f ATTACHMENTS: Warrant Register #13 PAYEE LAND USE NAVIGATOR CHRISTENSEN & SPATH LLP DTSC KANE BALLMER & BERKMAN MAZZARELLA LORENZANA LLP 3M COMPANY ACCOUNTEMPS AGUIRRE AIR RESOURCES BOARD ALL FRESH PRODUCTS ALL THE KINGS FLAGS AMERICAN AWARDS ANDRES BERNAL ASSI SECURITY INC AUSTIN DOORS BALLARDO BOGLE -1ONSUISSE INC DOT WORLD BRENNTAG PACIFIC INC BROADWAY AUTO ELECTRIC BSN SPORTS BUREAU VERITAS N AMERICA INC CCH CDWG CHILDREN'S HOSPITAL CITY OF NATIONAL CITY COX COMMUNICATIONS DALLA DANIELS TIRE SERVICE DAPPER TIRE COMPANY DELTA CARE USA DELTA DENTAL DIAMOND ENVIRONMENTAL SVCS DISCOUNT SPECIALTY CHEMICALS D-MAX ENGINEERING DOKKEN ENGINEERING DREW FORD DUNBAR ARMORED INC EMPLOYMENT DEVELOP DEPT ENNIS PAINT SAN DIEGO EXPERIAN ASTSIGNS EDEX FERGUSON ENTERPRISES INC FON-JON KENNELS FUN FLICKS GARDNER & ASSOCIATES GONZALES 1/3 WARRANT REGISTER # 13 9/25/2012 DESCRIPTION CHK NO DATE AMOUNT TRAINING -SUBDIVISION MAP ACT/SLADE/NISS 303983 9/19/12 390.00 AGREEMENT FOR LEGAL SERVICES 303984 9/20/12 10,533.75 AGREEMENT WITH THE STATE OF CA 303985 9/20/12 11,602.04 LEGAL SERVICES AGREEMENT WITH KANE 303986 9/20/12 19,235.27 LEGAL SERVICES TO PURSUE INDEMNITY 303987 9/20/12 7,616.29 PROGRESSIVE 303988 9/25/12 115.35 PROFESSIONAL SVCS THROUGH 08/31/12 303989 9/25/12 1,224.00 LABOR FINAL UPDATE LOAD FOR CAL FIRE 303990 9/25/12 150.00 PORTABLE EQUIP CERTIFICATE 303991 9/25/12 1,140.00 FOOD / NUTRITION CENTER 303992 9/25/12 326.65 PURCHASES FLAGS, ACCESSORIES 303993 9/25/12 174.87 SPELLING BEE TROPHIES 125TH CELEBRATION 303994 9/25/12 34.80 LIABILITY CLAIMS COST / SEWER BACKUP 303995 9/25/12 3,813.91 SERVICE ON FINGERPRINT READER 303996 9/25/12 300.00 TORSION SPRINGS 303997 9/25/12 1,378.78 REIMBURSEMENT -ASSERTIVE SUPERVISION 303998 9/25/12 155.54 REIMB - CONTINUING CHALLENGE HAZMAT 303999 9/25/12 61.89 MILK & DAIRY / NUTRITION CENTER 304000 9/25/12 187.43 MOP 64096 SAFETY BOOTS - GRIJALVA 304001 9/25/12 116.35 BULK CHLORINE 304002 9/25/12 558.69 ELECTRICAL PARTS 304003 9/25/12 108.75 MSWHIFOX- FOX 40 WHISTLES 304004 9/25/12 382.51 SAFE ROUTE TO SCHOOL PROJECT 304005 9/25/12 29,000.62 GOVERNMENTAL GAPP GUIDE 2013 304006 9/25/12 300.94 500 SHEET MEDIA TRAY- 304007 9/25/12 999.99 CHILD ABUSE EXAMS 304008 9/25/12 441.00 PETTY CASH / POLICE DEPARTMENT 304009 9/25/12 500.00 COX COMMUNICATIONS DATA AND VIDEO 304010 9/25/12 174.38 CITY CLERK'S WORKSHOP 2012 304011 9/25/12 100.00 LABOR, FIRE VEH #470 304012 9/25/12 95.97 TIRES 304013 9/25/12 2,128.61 PMI COBRA INS -AUG 2012 304014 9/25/12 71.03 COBRA INS - AUG 2012 09086-01002 304015 9/25/12 124.49 SAME DAY SET UP AND PICK UP LABOR- 304016 9/25/12 451.56 CHERRY MALODORANT 304017 9/25/12 547.23 STORM WATER SERVICES FY12-13 304018 9/25/12 26,776.26 PLAZA BLVD WIDENING SERVICES 304019 9/25/12 9,605.10 MOP 49078 AUTO PARTS 304020 9/25/12 302.31 ARMORED SVCS - FINANCE 304021 9/25/12 148.50 UNEMPLOYMENT INS REIMBURSABLE 304022 9/25/12 11,980.00 MOP 74690 TRAFFIC CONTROL SUPPLY 304023 9/25/12 487.03 CREDIT CHECKS / POLICE DEPARTMENT 304024 9/25/12 28.20 ALUMINUM .080, HELVETICA FONT, 48 h X 304025 9/25/12 659.75 SPECIAL TRANSPORTATION FEES-HR 304026 9/25/12 110.06 MOP 45723 PLUMBING MATERIAL 304027 9/25/12 92.26 KENNEL FEES FOR POLICE K9'S 304028 9/25/12 50.00 SEPTEMBER 2012 MOVIE / CSD 304029 9/25/12 478.00 HALLOWEEN METALLIC BAGS 304030 9/25/12 430.63 REGISTRATION REIMB-IACP 2012 CONFERENCE 304031 9/25/12 275.00 PAYEE HAJOCA CORPORATION HAMILTON MEATS & PROVISIONS HARRIS & ASSOCIATES INC HAVS HOME DEPOT CREDIT SVCS HUNTINGTON BEACH HONDA HYDRO SCAPE PRODUCTS INC IBARRA JERAULDS CAR CARE CENTER JOSE GONZALEZ KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC LADCO LANGUAGE LINE SERVICES LOPEZ MAN K-9 INC. MASON'S SAW & MATERIAL SALES INC. METRO FIRE & SAFETY MILE OF CARS ASSOCIATION MORRISON N C CHAMBER OF COMMERCE NATIONAL CITY AUTO TRIM NBS ONLINE BUILDERS PADRE JANITORIAL SUPPLIES INC PATTERSON CONSTRUCTION INC PEACE OFFICERS RESEARCH PORAC LEGAL DEFENSE FUND PRO GEAR PROCHEM SPECIALTY PRODUCTS INC PRUDENTIAL OVERALL SUPPLY ROBERT ROMAN S & S WORLDWIDE INC S D COUNTY SHERIFFS DEPT SAINZ SAM'S ALIGNMENT SERVICE SAN DIEGO COMMUNITY COLLEGE SAN DIEGO PET & LAB SUPPLY SDG&E SEAPORT MEAT COMPANY SILVERADO AVIONICS SMART SOURCE OF CA LLC SOUTHERN CALIFORNIA SOIL & STAPLES ADVANTAGE STEVENSON SWANK MOTION PICTURES INC SWEETWATER AUTHORITY SYSCO SAN DIEGO WARRANT REGISTER # 13 9/25/2012 DESCRIPTION PLUMBING MATERIALS FOOD / NUTRITION CENTER BUS SHELTER EASEMENT SERVICE CALL / TUESDAY 8/28/2012 4 LT BRUSHED NICKEL RACEWAY BATH BAR FILTER OIL MOP 45720 PIPES, VALVES, FITTINGS NATL CENTER FOR HEALTHY HOMES MOP 72449 R&M AUTO EQUIPMENT LIABILITY CLAIMS COST / SEWER BACKUP RET INS -COBRA, AUG 2012 GPR# 104220-7002 COOLIDGE AVE, AUGUST, 2012 LIABILITY CLAIM COSTS LANGUAGE LINE INTERPRETATION SVCS TRANSLATION SERVICES FOR FY13 WEEKLY MAINT TRAINING / PD K-9 MOP 45729 SMALL TOOLS PS 3/16" PLATE 4' X 8' (246#) 10-204 AUTOMOTIVE SUPPLIES / PW FY11-12 APPORTIONMENT #9, 10 & 12 COSTUME / STATE OF THE CITY ADDRESS CHAMBER - NAVY LUNCH R&M CITY VEHICLES COST ALLOCATION PLAN REFUND OF C&D FEES JANITORIAL SUPPLIES / NUTRITION PARTIAL REFUND OF C&D FEES PEACE OFFICER RESEARCH LEGAL DEFENSE FUND / POLICE FORD 8.8 BEARING KIT DRK-311 300 GPH CORROSION RESISTANCE PUMP MOP 45742 UNIFORMS -NEIGHBORHOOD LIABILITY CLAIMS COST/SEWER BACK-UP 2- PATRIOTIC SUPER JENGA FY 12-13 GRAFFITI TRACKER PROG SVCS REIMB-CERTIFICATIONS AS BLDING OFFICIAL MOP 72442 R&M AUTO EQUIPMENT MATERIAL FEE: SUPERVISORY COURSE MOP 45753 K9 FOOD - PD FACILITIES GAS & ELECTRIC FOOD / NUTRITION CENTER BK REMOTE SPEAKER -MICROPHONE MOP 63845 CFC PERMIT APP FORM MATERIALS TESTING, AUGUST, 2012 MOP 45704 OFFICE SUPPLIES -FINANCE TRAINING -LEAGUE OF CA CITIES MOVIE FOR SEPTEMBER 14, 2012 / CSD FACILITIES WATER BILL SUPPLIES / NUTRITION CENTER 2/3 CHK NO DATE AMOUNT 304032 9/25/12 680.95 304033 9/25/12 906.88 304034 9/25/12 2,576.20 304035 9/25/12 220.00 304036 9/25/12 105.40 304037 9/25/12 482.40 304038 9/25/12 232.74 304039 9/25/12 225.00 304040 9/25/12 427.18 304041 9/25/12 2,088.03 304042 9/25/12 1,839.44 304043 9/25/12 2,614.51 304044 9/25/12 115.00 304045 9/25/12 26.58 304046 9/25/12 140.00 304047 9/25/12 800.00 304048 9/25/12 248.93 304049 9/25/12 77.44 304050 9/25/12 41 304051 9/25/12 63,63! 304052 9/25/12 537.67 304053 9/25/12 100.00 304054 9/25/12 152.44 304055 9/25/12 450.00 304056 9/25/12 7,453.60 304057 9/25/12 35.68 304058 9/25/12 4,096.30 304059 9/25/12 90.00 304060 9/25/12 135.00 304061 9/25/12 1,570.36 304062 9/25/12 268.88 304063 9/25/12 14.48 304064 9/25/12 2,958.36 304065 9/25/12 339.80 304066 9/25/12 2,850.00 304067 9/25/12 80.00 304068 9/25/12 117.27 304069 9/25/12 31.57 304070 9/25/12 152.67 304071 9/25/12 153.81 304072 9/25/12 713.40 304073 9/25/12 493.44 304074 9/25/12 332.78 304075 9/25/12 1,69, 304076 9/25/12 5'--__ 304077 9/25/12 547.00 304078 9/25/12 321.00 304080 9/25/12 42,257.44 304081 9/25/12 1,986.02 PAYEE THE EAST COUNTY CALIFORNIA TOM MOYNAHAN TS & SIGNS U S BANK U S BANK PARS UNITED RENTALS V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VISTA PAINT W W GRAINGER WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WARRANT REGISTER # 13 9/25/2012 DESCRIPTION ADVERTISING -PD MOP45734 R&M AUTO EQUIPMENT JADE SHIRTS PRINT BACK AND FRONT CREDIT CARD EXP-COMM SVCS REJECTED PARS CONTRIBUTIONS BOOM 76-80 FT STICK 4WD NATIONAL CITY POLICE BADGES MOP 46453 PLUMBING MATERIAL STRAY ANIMAL VET CARE / POLICE MOP 68834 PAINT MOP 65179 ELECTRICAL MATERIAL JANITORIAL SUPPLIES CLEAR INVESTIGATIVE DATABASES GRAND TOTAL 3/3 CHK NO DATE AMOUNT 304082 9/25/12 10.25 304083 9/25/12 80.00 304084 9/25/12 3,583.88 304085 9/25/12 1,336.47 304086 9/25/12 4,701.07 304087 9/25/12 1,044.10 304088 9/25/12 1,103.12 304089 9/25/12 141.63 304090 9/25/12 89.00 304091 9/25/12 326.39 304092 9/25/12 246.57 304093 9/25/12 1,736.84 304094 9/25/12 433.44 AM Total 308,267.46 $ 308,267.46 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 A DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA NO I 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 16th OF OCTOBER, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 16, 2012 AGENDA ITEM NO. 16 ITEM TITLE: !Public Hearing for the approval by the City of National City of the issuance of multifamily housing revenue bonds for the purpose of financing the acquisition and rehabilitation of Park Villas Apartments in National City; PREPARED BY: Carlos Aguirre * PHONE: (619) 791-4282 EXPLANATION: DEPARTMENT: Hou d Grants APPROVED B� Pacific Housing, Inc (the "Applicant") has submitted to the California Statewide Communities Development Authority (the "Authority") an application for the acquisition and rehabilitation of the Park Villas Apartments project in National City through the issuance of tax-exempt obligations in an aggregate principal amount not to exceed $34 million dollars. The Tax and Equity Fiscal Responsibility Act of 1989 ("TEFRA") hearing process is a public accountability procedure involving the legislative body of the local agency in which the proposed project is located. During such process, the legislative body (City Council) conducts a public hearing providing members of the community the opportunity to speak on behalf of or against the nature and location of the proposed project to be financed with tax-exempt bonds. Notice of such hearing must be published in a newspaper of general circulation at least 14 days prior to the date of the public hearing. A public notice was published on October 1, 2012 in the legal notice sections of the San Diego Union Tribune. After the public hearing is conducted, the City Council will consider a resolution approving the issuance of the bonds as further explained in Attachment No. 1 to this report,. FINANCIAL STATEMENT: APPROVED: ' V y' �� Finance ACCOUNT NO. i APPROVED: MIS ';The City of National City is not a party to the bond transaction and there is no fiscal impact to the City. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: conduct the Public Hearing.) BOARD / COMMISSION RECOMMENDATION: Not applicable to this report.; ATTACHMENTS: jAttachment No. 1: Background Report Attachment No. 2: Project Bond Application Attachment No. 1 TEFRA Public Hearing and Resolution Approving for Park Villas Apartments Bond Issuance The City Council is being asked to adopt a resolution which would approve the issuance of multifamily housing revenue bonds by the California Statewide Communities Development Authority ("CSCDA") for the purpose of financing the acquisition and rehabilitation of a multifamily residential housing complex known as Park Villas Apartments located in National City (the "Project"). The purpose of the resolution is to allow the financing to meet a requirement of the Internal Revenue Code of 1986. The adoption of this resolution is the first step in the process of financing the Project. Prior to the issuance of bonds the Project will need to receive a "private activity bond" allocation from the California Debt Limit Allocation Committee and CSCDA will be required to adopt a resolution which would approve the execution and delivery of certain bond documents that would reflect the terms of the bonds. The Internal Revenue Code of 1986 (the "Code") requires that the "applicable elected representatives" of the jurisdiction in which a project to be financed with "private activity bonds" is situated adopt a resolution approving the issuance of such "private activity bonds" after holding a public hearing which has been noticed in a newspaper of general circulation in such jurisdiction. The City Council is being asked to hold such public hearing which has been noticed as required by the Code. The proposed resolution would act as the approval by the "applicable elected representatives" with respect to the proposed financing for the Project. The CDLAC application for "private activity bond" allocation for a multifamily housing project requires the inclusion of the approval resolution. If the City Council adopts this resolution, CSCDA will proceed with the submission to CDLAC of an application for "private activity bond" allocation for the purpose of financing the acquisition and rehabilitation of the Project. The Project was built in 1973 and is a 268 unit property located in National City, is comprised of 172 two bedroom, one bathroom units and 96 three bedroom, two bathroom units for low-income tenants. The project is garden style and has 34 two-story buildings with gated access, a large leasing office/community room, onsite laundry facilities, a swimming pool, open picnic area and several tot -lots for children. In 1998 the property underwent a major rehabilitation. A further comprehensive renovation is now proposed which will address the entire property and which will include but not be limited to upgrades to the kitchens, bathrooms, new flooring, new appliances, asphalt repairs, new tot lots, roof replacement, and exterior paint. As announced in the published notice, this hearing is simply an opportunity for all interested persons to speak or to submit written comments concerning the proposal to issue the debt and the nature or location of the Project. There is no obligation on the part of the City Council to respond to any specific comments made or submitted. The City would not be a party to the financing documents. As set forth in Section 9 of the Amended and Restated Joint Exercise of Powers Agreement of CSCDA, the debt would not be secured by any form of taxation, or by any obligation of either the City or CSCDA. Neither would the debt represent or constitute a general obligation of either the City or CSCDA. Pursuant to the governing California statutes and the JPA Agreement, a member of CSCDA is not responsible for the repayment of obligations incurred by CSCDA. The debt would be payable solely from amounts received pursuant to the terms and provisions of financing agreements to be executed by the Developer of the proposed facility. In the financing documents the Developer will also provide comprehensive indemnification to CSCDA and its members, including the City. The City's membership in the Authority bears with it no cost or other financing obligation, but serves as a public acknowledgement by the host jurisdiction of the Project financing. Attachment No. 2 CALIFORNIA 4 O',, '1. "t11`IF'-s Housing Bond Application APPLICANT INFORMATION Application Number: Name of Developer: Primary Contact: Title: Address: Telephone Number: Fax Number: E-mail: 2012077 Pacific Housing, Inc Mark Wiese President 2115 J Street, Suite 201 Sacramento, CA 95816 (916) 638-5200 Ext. 207 (916) 325-1204 logancapital@gmail.com BORROWER DESCRIPTION Type of Entity: r For -profit Corporation r Non-profit Corporation r Municipality r Partnership Fr Other (specify): Limited Partnership For Non -profits only: Will you be applying for State Volume Cap? Yes Name of Borrowing Entity: TBD Date Established: TBD Number of Multi -Family Housing Projects Completed in the Last 10 Years: 10 Number of Low Income Multi -Family Housing Projects Completed in the Last 10 Years: 10 PRINCIPAL FINANCE TEAM INFORMATION Firm: Contact: Address: Telephone: Fax: E-mail: UNDERWRITER/PLACEMENT AGENT Dougherty & Dougherty Paul Weissman 90 S. 7th Street, Suite 4300 Minneapolis, MN 55402 (303) 504-6239 (612) 317-2125 pesssman@doughertymarkets.com Firm: Contact: Address: Telephone: Fax: E-mail: BOND COUNSEL Orrick, Herrington & Sutcliffe LLP Tom Downey 405 Howard Street San Francisco, CA 94105 (415) 773-5965 (415) 773-5759 tdowney@orrick.com California Communities® www.cacommunities.org Page 1 of 5 Application Number: 2012077 - Park Villas Apartments Name of Borrower: Pacific Housing, Inc PROJECT DESCRIPTION Attachment No. 2 Current Project Name: Park Villas Apartments New Project Name: Project Street Address: 817 Eta Street City: National City State: CA Zip Code: 91915 County: San Diego Is Project located in unincorporated part of the County? No Total Number of Units: Market: 0 Restricted: 268 Total Units: 268 Lot Size: 13.49 acres Amenities: Property has Swimming Pool, Playground, BBQ/Picnic area, Laundry Rooms, Gated Access. Units have, AC, Dishwasher, Walk -In Closets, Linen Closet and Pantry Type of Construction (i.e., Wood Frame, 2 Story, 10 Buildings): Concrete Foundation, Wood Frame, 2 Story, 34 Buildings Type of Housing: r New Construction Ft Acq/Rehab City or county contact information: Contact Name: Title: Fr Family T Senior Is this an Assisted Living Facility? Phone Number: Ext. Fax Number: E-mail: PUBLIC BENEFIT Percentage of Units in Low Income Housing: 100% Percentage of Area Median Income(AMI) for Low Income Housing Units: 10% at 50%, 90% at 60% Total Number of Management Units: 1 # of % Restricted Restricted Market Expected Unit Size AMI Units Rent Rent Savings 2 Bedrooms 50 18 $928 $1,406 $478 2 Bedrooms 60 54 $981 $1,406 $425 2 Bedrooms 60 100 $987 $1,406 $419 3 Bedrooms 50 10 $1,032 $1,999 $967 3 Bedrooms 60 28 $1,135 $1,999 $864 3 Bedrooms 60 58 $1,135 $1,999 $864 Remarks: California Communities® www.cacommunities.org Page 2 of 5 Application Number: 2012077 - Park Villas Apartments Name of Borrower: Pacific Housing, Inc OTHER PUBLIC BENEFIT Attachment No. 2 SERVICES PROVIDED r High-speed Internet service in each affordable unit of an on -going nature for a minimum of 10 years. r After school program of an on going nature for the minimum of 10 years. r Educational classes (which are not the same as the after school program) for a minimum of 10 years. r Licensed childcare providing 20 hours or more per week(Monday. through Friday) to residents of the development. r Contract for services, such as assistance with the daily living activities, or provision of senior counseling services. ENVIRONMENT Energy Does the facility exceed Title 24 Standards? r Yes Fl No r N/A If Yes, by what percent? °A) Does the facility have solar(PV) panels? R Yes r No r N/A If Yes, what is the size in kWh? 464.40 r Does the facility purchase carbon credits? r Yes Fr No r N/A If Yes, what is the annual consumption? Water Does the facility provide any of the following: Efficient Toilets? r Yes Fig No r N/A Water -saving showerheads? r Yes Po No r N/A Drought tolerant landscaping? r Yes Ff No r N/A Other, specify: Transportation Does the entity provide carpooling or mass -transit subsidies? r Yes 17 No r N/A Does the entity maintain a fuel efficient fleet? r Yes FI No r N/A Waste Does the project provide recycling facilities? r Yes Fr No r N/A WORKFORCE Employment Creation During Post Job Type/Description Construction Construction None 0 0 GOVERNMENTAL INFORMATION Congressional District # State Senate District # State Assembly District # 40 78 California Communities® www.cacommunities.org Page 3 of 5 Application Number: 2012077 - Park Villas Apartments Name of Borrower: Pacific Housing, Inc FINANCING STRUCTURE Attachment No. 2 Type of Financing: Fr Public Sale r Private Placement For Refundings only: Will you be applying for State Volume Cap? No For Refundings only: Is this a transfer of property to a new owner? Maturity: 40 Years Interest Rate Mode: 17 Fixed CONSTRUCTION FINANCING: Credit Enhancement: r None ✓ FNMA(Fannie Mae) ✓ Bond Insurance r Refunding r Letter of Credit Freddie Mac 17 Other (specify): FHA insured Name of Credit Enhancement Provider or Private Placement Purchaser: FHA Insured PERMANENT FINANCING: Credit Enhancement: r None r Letter of Credit ✓ FNMA(Fannie Mae) Fi` Freddie Mac ✓ Bond Insurance rat Other (specify): FHA Insured Name of Credit Enhancement Provider or Private Placement Purchaser: FHA isured Expected Rating: 17 Unrated r S & P r Moody's r Fitch Projected State Allocation Pool: 7 General r Mixed Income r Rural Will the project use Tax -Credit as a souce of funding?: Yes r Variable SOURCES & USES CONSTRUCTION SOURCES Tax -Exempt Bond Proceeds: Taxable Bond Proceeds: Tax Credits: Developer Equity: Other Funds(Describe): Developer Fee TOTAL: USES $28,000,000 Land Acquisition: Building Acquisition: $11,772,000 Construction or Remodel: Cost of Issuance: Capitalized Interest: $648,443 Reserves: Other Funds(Describe): $40,420,443 Developer Fee TOTAL: $2,710,000 $24,390,000 $8,130,016 $1,356,148 $620,000 $714,279 $2,500,000 $40,420,443 California Communities® www.cacommunities.org Page 4of5 Application Number: 2012077 - Park Villas Apartments Name of Borrower: Pacific Housing, Inc PRINCIPAL FINANCE TEAM INFORMATION (continued) Attachment No. 2 FINANCIAL ADVISOR REBATE ANALYST Firm: N/A Contact: Address: Telephone: Fax: E-mail: Firm: TBD Contact: Address: Telephone: Fax: E-mail: ADDITIONAL REQUIREMENT Please provide the following as an additional attachment: Attachment Description of Information A $5,000 non-refundable* issuance fee deposit payable to "California Communities.". *Refundable only if financing not approved. MAILING ADDRESS California Communities® 2033 N. Main St., Suite 700 Walnut Creek, CA 94596 California Communities® www.cacommunities.org Page 5 of 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT IIEETING DATE: October 16, 2012 AGENDA ITEM NO. 17 ITEM TITLE: A Public Hearing to consider an Ordinance Amending Title 18 (Zoning) of the National City Municipal Code by Amending Section 18.30.320 Pertaining to pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. (Applicant City -Initiated) (Case File 2012-18 A) PREPARED BY: ;Martin Reeder, AICP i DEPARTMENT: Planning: PHONE: 1619-336-4313 APPROVED BY: EXPLANATION: On August 2, 2011, the City adopted a 45-day moratorium prohibiting new pawnbroker, secondhand and precious metal dealing establishments. The moratorium was extended on September 6, 2011 for an additional 10 months and 15 days, and then for an additional year on July 17, 2012. The moratorium is set to expire July 31, 2013. At the July 17, 2012 meeting, Council stated that the moratorium could potentially be lifted sooner if appropriate amendments could be made to the Land Use Code. Changes to Chapter 18.30.320 were prepared and considered by the Planning Commission on October 1, 2012. The attached Background Report describes the changes in detail. Draft language is also attached for your review. If the Council is amenable to the draft language, the associated Ordinance is included for introduction in a subsequent agenda item. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA (no physical change) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the Planning Commission's recommendation to adopt the amendments to Title 18.30.320 of the Municipal Code pertaining to pawn shops, etc.; BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, DeLaPaz, Baca, Flores, Pruitt Absent: Farias, Reynolds ATTACHMENTS: 1. Background report 2. Existing Land Use Code Chapter 18.30.320 - Pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. 3 Draft Changes to Title 18, Chapter 18.30.320 of the Municipal Code. 4 Draft additional terms to be include in Title 18, Glossary of the Municipal Code BACKGROUND REPORT History On August 2, 2011, the City adopted a 45-day moratorium prohibiting new pawnbroker, secondhand and precious metal dealing establishments. The moratorium was extended on September 6, 2011 for an additional 10 months and 15 days, and then for an additional year on July 17, 2012. The moratorium is set to expire July 31, 2013. At the July 17, 2012 meeting, Council stated that the moratorium could potentially be lifted sooner if appropriate amendments could be made to the Land Use Code. On October 4, 2011 the City Council initiated a Code Amendment that was intended to clean up the Land Use Code. Since adopting the new Code there have been various discrepancies and typographic issues that need to be remedied. Although the amendment will ultimately cover much more than just the Specific Use Regulations chapter, staff is attempting to fast -track this particular section amendment based on Council direction. The remaining items to be amended will follow at a later date. Proposal The following information is in relation to potential Code amendments that would be needed prior to lifting the moratorium. Even if no action is taken at this time to modify the Code, modifications will still be necessary prior to July of next year. The current Land Use Code section related to pawn shops, secondhand dealers and precious metal dealing businesses is as follows: 18.30.320 - Pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. A. Restrictions. 1. No pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located within 2,000 feet of another such business. 2. Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be no closer than two hundred fifty feet from residential zones. 3. No pawnshop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located east of Interstate 805. 4. A conditional use permit is required. 5. A pawn shop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals which provides payday lending is not exempt from the regulations of payday lenders. This Code section was included as part of the recent Land Use Update. Pawn Shops Pawn businesses are allowed in the Commercial, Mixed -use, and Industrial zones subject to a CUP and to Section 18.30.320. There are currently six pawnshops in National City, which equates to roughly one outlet per 10,000 residents. 1 Name Address CUP We Lend More 133 E 8th St N Simon & Simon 139 E 8th St N Express Financial Services 1050 Highland Ave Y Monte de Piedad 2720 Plaza Blvd Y Monte de Piedad 604 Highland Ave Y Roberto's Jewelry & Pawn 560 Highland Ave Y There has been a 200% increase in pawn businesses since the 1980's, with most of the increase occurring between 2008 and 2011. This has led to concerns related to overburdening Police Department staff with tracking reporting requirements. In addition, the rapid increase occurring prior to 18.30.320 being enacted has resulted in concentrations of the use, contrary to current Code requirements — the first two outlets in the table above are adjacent to each other and the last two across the street from each other. This concentration of pawnshops also affects community character through saturation of the use and other effects such as large and bright signage. Although there are existing regulations concerning pawn shops as noted above, it may also be appropriate, given the potential drain on staff resources, to limit the number of pawn shops allowed within the City to those existing today (six). This would allow more effective monitoring of businesses and the reporting of inventory. Limiting the number of outlets would be consistent with how Payday lenders are regulated; they are limited to 12 in the City. Gold buying/Precious metal dealing The second type of business included in the moratorium is precious metal dealing. Precious metal dealers are also allowed in the Commercial, Mixed -use, and Industrial zones subject to a CUP and to Section 18.30.320. Two of the pawn businesses above (2720 Plaza and 560 Highland) have specific gold buying approvals in their CUP approval. Monte de Piedad at 604 Highland Avenue may be buying gold as an accessory use to their pawn business (per a previous staff determination that gold buying was an allowed accessory use to a pawn shop). In addition, two CUP's for gold buying were issued prior to the moratorium: Name Address The Check Cashing Place 1539 Plaza Blvd Cash for Gold/Gold Rush Westfield Plaza Bonita Businesses that purchase precious metals are already subject to the same reporting requirements as pawnshops by the state. Furthermore, the requirement for a CUP allows the City to place additional conditions on these licenses. Recent discussions on precious metals have generated the question of dealing with precious metals and jewelry that is traded in or sold for credit towards a future purchase. It can be seen that a jewelry store could foreseeably offer a program for trading older items for something newer or for offering credit towards another purchase. In fact, this is common practice in jewelry and similar businesses, particularly for companies such as Leo Hamel, mentioned above. According to the Department of Justice, taking in any used items requires a secondhand dealer license. 2- The Business & Professions Code (B&P) defines a secondhand dealer as an entity that deals (buys, sells, trades, etc.) "secondhand tangible personal property", which is further defined as property bearing a serial number or personalized initials or an inscription, property taken as security for a loan by a pawnbroker, and secondhand property commonly sold by secondhand dealers and found by crime reports to the Attorney General's office to constitute a significant class of stolen goods. All secondhand dealers are also required by the State to report all items handled to the local law enforcement agency on the following business day. In order to bolster the existing Code, it may be pertinent to add language to the Land Use Code defining a `secondhand dealer', requiring a secondhand dealer license for all used item transactions, for state -mandated reporting requirements to be met, and for the activity to be accessory to a licensed business that sells the item(s) in question as its primary business function. In this case, 'accessory' would mean that receipts for gold/precious metal purchased or taken for credit would be no more than 50% of total retail sales receipts. This would prevent non -jewelry stores from opening a 'gold counter' specifically to buy gold or other precious metals for cash. Given these strict requirements, taking in items for trade or credit could still be allowed, with a CUP, as an accessory use to a legitimate business. These businesses would also be held to current code standards for secondhand dealers (not within 2,000 feet of another such establishment, not east of 1-805, etc.) as noted in 18.30.320. Pawnshops that take in jewelry are already subject to their own restrictions levied by the state for pawnbrokers. These location requirements would not apply to shopping centers great than 50,000 square feet in size. Secondhand dealers Although there have been many discussions about secondhand dealers of late, most of the discussion has revolved around gold buying, as discussed above. This is consistent with Police concerns that focus on recovery of stolen property. Staff has followed the definition of the Business & Professions Code (see above), consistent with the intent of the moratorium. Following the B&P Code definition excludes thrift stores, used clothing stores, used furniture stores, etc. from the moratorium, unless these businesses also sell those items within the definition. Another situation that has arisen lately is for electronics outlets and video game stores (among others) to offer trade-ins for video game consoles, games, computers, phones, etc. Used electronic equipment has also been purchased by kiosk -based businesses in Westfield Plaza Bonita. Some of these kiosks do not check ID or follow state guidelines for reporting the purchase of used equipment, providing a potential avenue for the disposal of stolen property. As a purchaser/trader of used items, these businesses are required to be secondhand dealers and follow state requirements. Those not following this path are in violation of both City and state codes as well as the City's moratorium. There is, however, a difference between an outlet such as Best Buy, Game Stop, or Radio Shack (all of which are operating at Westfield Plaza Bonita) offering trade-ins for credit towards new purchases and kiosks that purchase items for cash. The trade-in model is similar to jewelers trading in old jewelry for new as discussed above. However, the kiosk scenario, normally subject to a CUP and secondhand dealer regulations, 3 would not be allowed as a standalone business based on the suggested Code changes; it would only be permitted as part of a legitimate retail business as discussed above. Again, these location requirements would not apply to shopping centers great than 50,000 square feet in size. Planning Commission held a public hearing on the proposed amendment at their meeting of October 1, 2012. Discussion focused on existing businesses — including non -conforming rights — and the proposed numerical limit on pawn shops. The Commission voted to recommend adoption of the proposed amendments to Title 18.30.320 of the Municipal Code. Summary To summarize, staff is suggesting that the following Code language be modified/added prior to the moratorium prohibiting new pawnbroker, secondhand and precious metal dealing establishments being lifted or expiring: • Place a numerical limit on the number of pawnshops allowed in the City. • Define 'secondhand dealer' in the Land Use Code Glossary consistent with the definition contained in the Business and Professions Code. • Define 'tangible personal property' in the Land Use Code Glossary consistent with the definition contained in the Business and Professions Code. • Require a secondhand dealer license for all pawnbrokers and secondhand dealers. • Require that all pawnbrokers and secondhand dealers abide by state -mandated reporting requirements for secondhand tangible personal property as required in the Business and Professions Code. • Allow legitimate licensed businesses to offer trade-in programs for items that they sell as their primary function (e.g. jeweler store accepting old jewelry for credit towards new items, or electronic retailer offering credit for old video games towards the cost of a new game or console) as an accessory use with a CUP. The draft amended version of Title 18 Section 18.30.320 reads as follows: 18.30.320 - Pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. A. Restrictions. 1. No pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located within 2,000 feet of another such business. This shall not apply to shopping centers of fifty thousand square feet or more. 2. Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be no closer than two hundred fifty feet from residential zones. 3. No pawnshop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious ti metals shall be located east of Interstate 805. This shall not apply to shopping centers of fifty thousand square feet or more. 4. A conditional use permit is required. 5. A pawnshop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals that provides payday lending is not exempt from the regulations of payday lenders. 6. No more than six pawnshops shall be allowed within National City. 7. Secondhand dealers (as defined in the Glossary) shall only be permitted as accessory to a legitimate retail business that sells as new the item(s) in question as its primary business function. a. Total gross receipts of precious metals purchased or taken for credit shall not exceed 50% of total retail sales of precious metals. 8. All pawnbrokers and secondhand dealers shall require, at minimum, a secondhand dealer license and shall abide by state -mandated reporting requirements for secondhand tangible personal property as required in the Business and Professions Code. a. These requirements shall also be required of .retail businesses that offer trade-ins or credit for secondhand tangible personal property. Furthermore, the following additional terms would be included in the Glossary: Secondhand Dealer. A "Secondhand Dealer" means and includes any person, co -partnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property, as defined in this Glossary. Secondhand tangible personal property. "Secondhand tangible personal property" includes, but is not limited to, all secondhand tangible personal property that bears a serial number or personalized initials or inscription or which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription, as defined by the California Business & Professions Code. In addition, secondhand tangible personal property also includes precious metals such as gold, silver, platinum, and jewelry. s Current LUC Section 18.30.320 18.30.320 - Pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. A. Restrictions. 1. No pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located within 2,000 feet of another such business. 2. Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be no closer than two hundred fifty feet from residential zones. 3. No pawnshop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located east of Interstate 805. 4. A conditional use permit is required. 5. A pawn shop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals which provides payday lending is not exempt from the regulations of payday lenders. Proposed LUC Section 18.30.320 (new sections underlined) 18.30.320 - Pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. A. Restrictions. 1. No pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located within 2,000 feet of another such business. This shall not apply to shopping centers of fifty thousand square feet or more. 2. Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be no closer than two hundred fifty feet from residential zones. 3. No pawnshop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located east of Interstate 805. This shall not apply to shopping centers of fifty thousand square feet or more. 4. A conditional use permit is required. 5. A pawnshop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals that provides payday lending is not exempt from the regulations of payday lenders. 6. No more than six pawnshops shall be allowed within National City. 7. Secondhand dealers (as defined in the Glossary) shall only be permitted as accessory to a legitimate retail business that sells as new the item(s) in question as its primary business function. a. Total gross receipts of precious metals purchased or taken for credit shall not exceed 50% of total retail sales of precious metals. 8. All pawnbrokers and secondhand dealers shall require, at minimum, a secondhand dealer license and shall abide by state -mandated reporting requirements for secondhand tangible personal property as required in the Business and Professions Code. a. These requirements shall also be required of retail businesses that offer trade-ins or credit for secondhand tangible personal property. Draft additional terms to be included in the Glossary Secondhand Dealer. A "Secondhand Dealer" means and includes any person, co- partnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property, as defined in this Glossary. Secondhand tangible personal property. "Secondhand tangible personal property" includes, but is not limited to, all secondhand tangible personal property that bears a serial number or personalized initials or inscription or which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription, as defined by the California Business & Professions Code. In addition, secondhand tangible personal property also includes precious metals such as gold, silver, platinum, and jewelry. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: OOctober 16, 2012 AGENDA ITEM NO. 18 ITEM TITLE: An Ordinance of the City Council of the City of National City Amending Title 18 (Zoning) of the National City Municipal Code by amending Section 18.30.320 pertaining to pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. (Applicant City -Initiated) (Case File 2012-18 A) M2 PREPARED BY: Martin Reeder, AICP DEPARTMENT: Plan PHONE: 619-336-4313 APPROVED BY: EXPLANATION: the City Council held a public hearing on proposed changes to amend Title 18 of the National City Municipal Code pertaining to pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals, at a Public Hearing on October 16, 2012. The attached Ordinance will fulfill that action. FINANCIAL STATEMENT: ACCOUNT NO. IN/A ENVIRONMENTAL REVIEW: Not a project under CEQA (no physical change) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce the Ordinance BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: (Ordinance ORDINANCE NO. 2012 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 18.30.320 PERTAINING TO PAWN SHOPS AND BUSINESSES ENGAGED IN SECONDHAND DEALING AND/OR THE PURCHASE AND SELLING OF GOLD AND OTHER PRECIOUS METALS, AND AMENDING THE GLOSSARY FOR TITLE 18 BY AMENDING SECTION 18.50.010 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission and the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission has regularly and duly certified its report to the City Council and has recommended such amendment. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. All protests, if any, against said amendment to the Municipal Code and each of them are hereby denied and overruled. Section 2. Section 18.30.320 of the Municipal Code is hereby amended to read as follows: 18.30.320 Pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. A. Restrictions. 1. No pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located within 2,000 feet of another such business. This shall not apply to shopping centers of fifty thousand square feet or more. 2. Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be no closer than two hundred fifty feet from residential zones. 3. No pawnshop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located east of Interstate 805. This shall not apply to shopping centers of fifty thousand square feet or more. 4. A conditional use permit is required. 5. A pawnshop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals that provides payday lending is not exempt from the regulations of payday lenders. 6. No more than six pawnshops shall be allowed within National City. 7. Secondhand dealers (as defined in the Glossary) shall only be permitted as accessory to a legitimate retail business that sells as new the item(s) in question as its primary business function. a. Total gross receipts of precious metals purchased or taken for credit shall not exceed 50% of total retail sales of precious metals. 8. All pawnbrokers and secondhand dealers shall require, at minimum, a secondhand dealer license and shall abide by state -mandated reporting requirements for secondhand tangible personal property as required in the Business and Professions Code. a. These requirements shall also be required of retail businesses that offer trade-ins or credit for secondhand tangible personal property. Section 3. Section 18.50.010 of the Municipal Code is hereby amended by adding the following definitions: Secondhand Dealer. A "Secondhand Dealer" means and includes any person, co- partnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property, as defined in this Glossary. Secondhand tangible personal property. "Secondhand tangible personal property" includes, but is not limited to, all secondhand tangible personal property that bears a serial number or personalized initials or inscription or which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription, as defined by the California Business & Professions Code. In addition, secondhand tangible personal property also includes precious metals such as gold, silver, platinum, and jewelry. PASSED AND ADOPTED this day of , 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2 Ron Morrison, Mayor Ordinance No. 2012- Amending Sections 18.30.320 & 18.50.010 Pawnbroker, secondhand & precious metal dealing establishments CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 16, 2012 AGENDA ITEM NO. 19 ITEM TITLE: An Ordinance of the City Council of the City of National City amending Section 9.06.110 of the National City Municipal Code to allow the grading of Mobile Food Facilities that prepare food PREPARED BY: Leslie Deese — ext. 4242 DEPARTMENT: City Manager Claudia Gacitua Silva — ext. 4222 City Attorney APPROVED B APPROVED BY: EXPLANATION: The County of San Diego has requested local cities to adopt code changes that allow for the grading of mobile food trucks. This will allow for uniformity in the County. The attached letter from the County Department of Environmental Health explains the request in further detail. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: J4 Finance MIS STAFF RECOMMENDATION: Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Letter from the County of San Diego Department of Environmental Health dated July 24, 2012 Proposed ordinance JACK MILLER Director July 24, 2012 Couutp of *an /Diego DEPARTMENT OF ENVIRONMENTAL HEALTH P.O. BOX 129281, SAN DIEGO, CA 92112-9261 Phone: (858) 505-6700 FAX: (868) 505-6890 1 (B00) 253-9933 www.sdcdeh ora Ms. Leslie Deese, City Manager CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950 Extending the Letter Grade to Mobile Food Facilities Dear Ms. Deese: ELIZABETH POZZEBON Assistant Director The County, through its Department of Environmental Health (DEH), currently implements the restaurant "ABC" letter grading system throughout the County, including in your City. On July 11, 2012, the San Diego County Board of Supervisors approved an ordinance that requires mobile food facilities that prepare food, such as food trucks and coffee carts, to conform to a letter grading system. The system is similar to the ABC grading program that has been used for restaurants throughout the County since the 1950's. However, this County ordinance only applies to mobile food facilities operating in the unincorporated areas of the County. In order for this food safety program enhancement to be successful, we need your help in adopting these changes into your municipal code so that we can Implement this program improvement county -wide. Extending the widely recognized letter grading system to mobile food facilities that prepare food will provide consumers with more information about the overall operating condition of the mobile food facility and help to better distinguish them from unpermitted food vendors. To assist with the region -wide adoption process, the County has prepared the attached model ordinance entitled "An Ordinance Allowing Grading of Mobile Food Facilities that Prepare Food" for your use. Adoption of a City ordinance based on this model will incorporate the changes to the County program by reference, and grants DEH the authority to enforce the posting of a letter grade on mobile food facilities operating within your City. The County and the City already have an agreement under which the County provides services of this kind within the City, on a fee supported basis. To support that arrangement, your City has ordinance provisions in place that provide for the County to collect appropriate permit fees from businesses within the City that are subject to County administered regulatory programs. Section 3 of the attached model ordinance will update fee provisions for your City by reference to fees in the County Code. When an ordinance is presented to your City Council for adoption, notice and hearing requirements for an increased fee may be applicable. My staff and County Counsel are available to assist you in preparing final ordinance language that conforms to any advice your City Attomey may provide on required procedures. "Environmental and public health through leadership, partnership and science" Extending the Letter Grade to Mobile Food Facilities Page 2 July 24, 2012 In the near future, we will also contact you or staff you designate on additional municipal code updates for programs DEH administers in your City. Some programs need updates and some will be proposed for elimination. We will also ask for an ordinance to enable us to implement the new State Safe Body Art Act (which took effect as of July 1, 2012) on a consistent basis county -wide. But action on mobile food facility grading is more urgent because we hope to roll that program out on a consistent basis County -wide on December 1, 2012. We are available to discuss the proposed ordinance changes, and we would be glad to present information about the ABC grading program to your City Council. A fact sheet on the new letter grading system for mobile food facilities is attached to this letter. My contact person is Gloria Estolano, Chief of the Food and Housing Division and she can be reached at (858) 505-6898. Thanks in advance for your help in extending the ABC grading to mobile food operations throughout San Diego County. Sincerely, JACK MILLER, Director Attachments: 1) FACT SHEET - Letter Grading for Mobile Food Facilities that Prepare Food 2) An Ordinance Allowing Grading of Mobile Food Facilities that Prepare Food 3) An Ordinance Amending Portions of the County Code of Regulatory Ordinances Relating to Mobile Food Facilities Countp of an i': iego DEPARTMENT OF ENVIRONMENTAL HEALTH FOOD AND HOUSING DIVISION FACT SHEET LETTER GRADING FOR MOBILE FOOD FACILITIES THAT PREPARE FOOD July 2012 The Department of Environmental Health (DEH) has implemented a successful ABC restaurant gradinc system since the late 1950's. On July 11, 2012, the Board of Supervisors voted to extend the Iettei grading system to nearly 300 carts that do limited food preparation, including coffee and hot dog carts and the over 250 food trucks that prepare and serve food to consumers. Adoption of the new county ordinance by all incorporated cities will allow implementation of this program countywide, promoting consistency and improving public notification of inspection results. The new program is proposed to begin in December 2012, when the annual health permit is issued during the inspection certification process. The new program will consist of four key components: (1) A scored inspection report and grading process similar to restaurants: A new scored food safety inspection report was designed to evaluate safe food handling practices as well as the unique operations, and equipment of mobile food facilities. The new report will facilitate the scoring and posting of a letter grade on each mobile food facility notifying the public of its relative degree of compliance during the last inspection. (2) A mapping mechanism to help better Locate mobile food facility route stops: Several tracking options were evaluated to find a practical way of finding these transient facilities in the field. The best option was a combination of route stop reporting and online route mapping using the ArcGIS Online Mapping System. (3) Educational materials and outreach workshops: Materials are being developed to educate operators of mobile food facilities on the new grade card system. The information will also be made available on the DEH website at www.sdcdeh.orq. Outreach workshops on how to earn an "A" will be conducted in English and Spanish for mobile food facility operators before the grading process is rolled out. In addition, a public outreach campaign will be developed to educate consumers on the new grading system to ensure they make good, safe dining choices. (4) Reporting mobile food facility inspection results online: A summary of mobile food facility inspection results will be posted at www.EatSafeSanDiego.orq where restaurant inspection results are currently posted. DEN will implement a new data management system, Accela, later this year. Accela will support the use of mobile inspection (1Countp of an fit tego DEPARTMENT OF ENVIRONMENTAL HEALTH FOOD AND HOUSING DIVISION units in the field and will allow DEH to capture inspection results electronically and post them online. For more information, please contact Gloria Estolano, Chief, Food and Housing Division at (858) 505-6898. ORDINANCE NO. 2012 — 2376 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 9.06.110 OF THE NATIONAL CITY MUNICIPAL CODE TO ALLOW THE GRADING OF MOBILE FOOD FACILITIES THAT PREPARE FOOD BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Purpose and Intent. Fixed location food facilities throughout San Diego County are currently scored against food safety criteria by County inspectors, and assigned a letter grade based on that score. Mobile food facilities are not graded. To better inform the public, the County is extending the letter grade system currently used for restaurants to mobile food facilities. In the unincorporated County, this will be done by enacting a change in the County Code of Regulatory Ordinances, sections 61.101 to 61.115 of Chapter 1. Division 1. Title 6. These changes will improve public notification; help customers easily identify vendors in good compliance and provide more information about the overall condition of the mobile food facility to make safe dining choices. Mobile food facilities operate in multiple jurisdictions. Grading is a local program in each County, unincorporated area, and city, not a state law program. Therefore, establishing an effective grading system for mobile food facilities requires cooperation across city boundaries, allowing the County the authority to enforce posting of letter grades In all local jurisdictions. This Ordinance provides for National City's cooperation in a coordinated regional program by (1) adopting the County changes to the restaurant grading ordinance by reference; (2) by requiring that grade cards be posted by mobile food facilities that prepare food, and that permit fees to provide cost recovery are paid by operators of mobile food facilities that prepare food; and (3) by authorizing the City Manager to enter into an agreement with the County of San Diego to implement this grading program within National City. Section 2. Adoption of County Ordinance. Section 9.06.110 of the National City Municipal Code is hereby amended by adding subsection "T" to read as follows: T. The provisions of the San Diego County Code of Regulatory Ordinances concerning permanent and mobile food facilities, at Title 6, Division 1 of the County Code, are incorporated into this Code by reference. Section 3. Fees. Section 9.06.110 of the National City Municipal Code is hereby amended by adding subsections "U" to read as follows: All persons and businesses required to obtain a health -related permit or related service from the County of San Diego, Department of Environmental Health (DEH) pursuant to the Code shall pay the County the fee established in the County Code for that permit or service, including delinquent payment fees. Section 4. Effective Date. This Ordinance shall take effect and be in force 60 days after its passage. Before the expiration of 15 days after its passage, a summary hereof shall be published once with the names of the members of the City Council voting for and against it in a newspaper of general circulation published in the County of San Diego. --- Signature Page to Follow --- Ordinance No. 2012 — 2376 Page Two PASSED and ADOPTED this 16th day of October, 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: October 16, 2012 AGENDA ITEM NO.2b ITEM TITLE: Resolution of the City Council of the City of National City approving the issuance of multifamily housing revenue bonds for the purpose of financing the acquisition and rehabilitation of Park Villas Apartments j PREPARED BY: 1Carlos Aguirre'; PHONE: '{619) 791-42821 EXPLANATION: DEPARTMENT: Housing Grants APPROVED Boles The City Council is being asked to adopt a resolution which would approve the issuance of multifamily housing revenue bonds by the California Statewide Communities Development Authority ("CSCDA") for the purpose of financing the acquisition and rehabilitation of a multifamily residential housing complex known as Park Villas Apartments located in National City (the "Project"). The purpose of the resolution is to allow the financing to meet a requirement of the Internal Revenue Code of 1986. The adoption of this resolution is the first step in the process of financing the Project. Prior to the issuance of bonds the Project will need to receive a "private activity bond" allocation from the California Debt Limit Allocation Committee and CSCDA will be required to adopt a resolution which would approve the execution and delivery of certain bond documents that would reflect the terms of the bonds. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. I APPROVED: // MIS 1-he City of National City is not a party to the bond transaction and there is no fiscal impact to the City ENVIRONMENTAL REVIEW: Not applicable to this report.', ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution.' BOARD / COMMISSION RECOMMENDATION: Not applicable to this report., ATTACHMENTS: Please refer to the Background Report and Project Bond Application attached to the Public Hearing staff report preceding this item on the City Council Agenda. RESOLUTION NO. 2012 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION AND REHABILITATION OF PARK VILLAS APARTMENTS WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized by the laws of the State of California (the "Law") to execute and deliver multifamily housing revenue obligations for the purpose of financing the acquisition, construction/rehabilitation and development of multifamily residential rental facilities located within the area of operation of the Authority that are to be occupied, in part, by very low and low income tenants; and WHEREAS, Pacific Housing, Inc., a California nonprofit public benefit corporation, on behalf of a limited liability company or limited partnership related thereto and to be formed by Pacific Housing, Inc. (the "Borrower"), has requested the Authority to issue and deliver multifamily housing revenue obligations in the anticipated principal amount of $34,000,000 (the "Obligations"), the proceeds of which may only be used for the purpose of financing the acquisition and rehabilitation of a 268-unit multifamily residential rental facility commonly known as Park Villas Apartments located at 810 Eta Street in the City of National City, California (the "Project"); and WHEREAS, the City of National City is a member of the Authority; and WHEREAS, the Obligations that are expected to be issued and delivered to finance the acquisition and rehabilitation of the Project would be considered "qualified exempt facility bonds" under Section 142 (a) of the Internal revenue Code of 1986, as amended (the "Code"). Section 147(f) of the Code requires that the "applicable elected representatives", with respect to the jurisdiction in which the Project is located, hold a public hearing on the issuance and delivery of the Obligations; and WHEREAS, the City Council of the City of National City, as the "applicable elected representative" to hold said public hearing, has held said public hearing at which all those interest in speaking with respect to the proposed financing of the Project were heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby: 1. Finds and determines that the foregoing recitals are true and correct. 2. For purposes of the requirements of the Code only, the City Council hereby approves the proposed financing of the Project by the Authority with the proceeds of the Obligations. 3. The issuance and delivery of the Obligations shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Obligations by the Authority. 4. The adoption of this Resolution is solely for the purpose of meeting the requirements of the Code and shall not be construed in any other manner, neither the City nor its staff having fully reviewed or considered the financial feasibility of the Project or the expected Resolution No. 2012 — Page Two financing or operation of the Project with regards to any State of California statutory requirements, and such adoption shall not obligate (i) the City to provide financing to the Borrower for the acquisition, rehabilitation and development of the Project or to issue the Obligations for purposes of such financing; or (ii) the City, of or any department of the City, to approve any application or request for, or take any other action in connection with, any environmental, General Plan, zoning or any other permit or other action necessary for the acquisition, rehabilitation, development or operation of the Project. 5. The City Clerk of the City shall forward a certified copy of this Resolution and a copy of the affidavit of publication of the public hearing notice to: Thomas A. Downey The Orrick Building Orrick, Herrington & Sutcliffe LLP 405 Howard Street San Francisco, California 94105 6. This Resolution shall take effect upon its adoption. PASSED and ADOPTED this 16th day of October, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "JIEETIIRG DATE: October 16, 2012 AGENDA ITEM NO. j 21 ITEM TITLE: Resolution of the City Council of the City of National City authorizing and adopting a Final Order of Abatement of a Declared Public Nuisance for properties located at 322-340 Highland Avenue (Fire) PREPARED BY: Walter Amedee' DEPARTMENT: PHONE: 1619-336-4556:; APPROVED BY: EXPLANATION: :The property located at 322-340 Highland Avenue, National City, CA 91950 (Assessor's Parcel # 556-127-05-00) is in violation of law and has been declared a Public Nuisance. This property was the site of a severe structure fire which occurred on the afternoon of July 9, 2012. This resulted in severe damage to the attic, second story and the stairwell leading to the first floor. The Building Official conducted an evaluation of the structure and deemed it a dangerous building due to the extent of the damage to the remaining structural elements of the building such as roof rafters, floor joists, exterior walls and internal support beams. The inspection also revealed non -permitted construction that was deemed to present life and safety concerns. The following violations of City Municipal and 2010 California Building Codes were observed and requests for voluntary abatement(s) sent: 1.36.020 - Abatement procedures —Authorized, 15.10.015 - Section 202 amended —Abatement of dangerous buildings, and 2010 California Building Code Section 116, Unsafe Structures and Equipment. This item was addressed at the Council meeting of October 2nd and the affected property owner was provided with an additional 2 weeks to complete the demolition. Staff recommends the final order of abatement for Public Nuisance of these properties. FINANCIAL STATEMENT: ACCOUNT NO. i,001-409-500-598-1249 Approximately $50,000 in demolition costs and 15% contingency will be coming from the General Fund Reserve. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS _ • Ili TION: (Staff is requesting that the City Council approve the Resolution for final order of Abatement for Public Nuisance for properties located at 322-340 Highland Avenue, National City, CA 91950 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. ;Declaration of Public Nuisance and Notice to Abate Public Nuisance Letter 2. MetroScan address description 3. Resolution' RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING, ADOPTING, AND ISSUING A FINAL ORDER OF ABATEMENT OF A DECLARED PUBLIC NUISANCE FOR PROPERTIES LOCATED AT 322-340 HIGHLAND AVENUE WHEREAS, on July 9, 2012, the property located at 322-340 Highland Avenue (APN 556-127-05-00) was the site of a structure fire that resulted in severe damage to the building; and WHEREAS, the City's Building Official conducted an evaluation of the structure and deemed it a dangerous building due to the extent of the damage to the remaining structural elements of the building; and WHEREAS, the inspection revealed violations of the National City Municipal Code and California Building Codes caused by non -permitted construction that was deemed to present life and safety concerns; and WHEREAS, on July 10, 2012, based on the immediate life safety concerns and the adjoining businesses, and as allowed by law, the City issued a Notice of Dangerous Building directing the owner to obtain a demolition permit and complete the demolition of the structure no later than July 17, 2012; and WHEREAS, on July 17, 2012, a contractor hired by the owner obtained a demolition permit to perform the demolition work, but withdrew his name from the permit that same day and was no longer involved in the project; and WHEREAS, on July 24, 2012, after an evaluation of the structure by a structural engineer hired by the City, it was determined that the structure had sustained substantial damage and that it was an immediate safety hazard to the surrounding properties and the public using the sidewalks and adjacent streets, and should be immediately demolished; and WHEREAS, because the owner of the property has failed to bring the property into compliance with law and abate the public nuisance by obtaining a permit to demolish the unsafe structure as demanded by the City, staff recommends that a Final Order of Abatement of a Declared Public Nuisance for the properties located at 322-340 Highland Avenue be adopted and authorized. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes, adopts, and issues a Final Order of Abatement of a Declared Public Nuisance for the properties located at 322-340 Highland Avenue. PASSED and ADOPTED this 16th day of October, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney INCpp,ORAT CITY OF NATIONAL CITY Development Services 1243 National City Blvd. National City, CA 91950-4397 Phone: (619) 336-4210 Fax: (619) 336-321 DECLARATION OF PUBLIC NUISANCE AND NOTICE TO ABATE PUBLIC NUISANCE September 11, 2012 To: Jesus Garcia P.O. Box 212333 Chula Vista, CA 91950 John T. Richards A Professional Law Corporation 101 West Broadway Suite #1950 San Diego, CA 92101 Re: 322-340 Highland Avenue National City CA 91950 Assessor Parcel Number (APN): 556-127-05-00 Dear Mr. Jesus Garcia: The property located at 322-340 Highland Avenue, National City, CA 91950 (Assessor's Parcel # 556-127-05-00) is in violation of law and has been declared a Public Nuisance in accordance with City Municipal Code 15.10.015 — Abatement of Dangerous Buildings. According to our records, you are the owner of that property. This property was the site of a severe structure fire which occurred on the afternoon of July 9, 2012. This resulted in severe damage to the attic, second story and the stairwell leading to the first floor. The Building Official conducted an evaluation of the structure and deemed it a dangerous building due to the extent of the damage to the remaining structural elements of the building such as roof rafters, floor joists, exterior walls and internal support beams. The inspection also revealed non -permitted construction that was deemed to present life and safety concerns. This consisted of CSST gas lines installed without permits or inspections. The installation that was performed did not meet the manufacturer's installation requirements. AN-07 The property was inspected by Luis Sainz, Building Official, on July 9, 2012, July 17, 2012, July 24, 2012 and the following violations of City Municipal and 2010 California Building Codes which were observed and request for voluntary abatement(s) sent: 1.36.020 - Abatement procedures —Authorized 15.10.015 - Section 202 amended —Abatement of dangerous buildings 2010 California Building Code Section 116, Unsafe Structures and Equipment On July 10, 2012, based on the immediate life safety concerns for our citizens and the adjoining businesses, and as called out in the 2010 California Building Code, Section 116, Unsafe Structures and Equipment and in NCMC, Section 15.10.015 Abatement of Dangerous Buildings, the City issued you a Notice of Dangerous Building. In the notice you were asked to obtain a demolition permit and complete the entire demolition of the structure prior to Thursday July 12, 2012 at 5:00 p.m. Demolition has not occurred. On July 17, 2012 you hired a contractor who obtained a demolition permit to perform the demolition work at the above location. Later that day your contractor informed us that he was withdrawing his name from the permit and that he would no longer be involved in any work at this location. To date, a demolition permit has not been obtained. On July 24, 2012 the City of National City hired a structural engineer to evaluate the structure. It was his professional opinion and recommendation that the structure had sustained substantial damage and that it was an immediate hazard to the surrounding properties and the public using the sidewalk and adjacent streets. His report also stated that the building was no longer structurally salvageable and should be demolished as quickly as possible to protect the public. The City shared this information with you on July 26, 2012. While we have met with you, spoken with Carmen Garcia and Paloma Garcia who have been the points of contact for this incident since the evening of the structure fire, and have been informed that you would demolish the structure, that has not yet occurred. We cannot allow this nuisance to continue. No one has made any attempts to contact the city since August 16, 2012. You have failed to comply with the City's request to remove this life safety concern after numerous attempts by the City to seek your cooperation and voluntary compliance. If you elect to abate the nuisance, you must immediately contact the undersigned and, within those fourteen (14) days, "a reasonable and feasible schedule for expeditious demolition" will be established for correction of the violations and avoidance of further action. AN-07 You are hereby ordered to obtain a demolition permit and demolish the entire structure located at 322-340 Highland Avenue, National City, CA 91950. Prior to the demolition of this structure you will be required to provide the City test results for lead, asbestos and any toxins that may be present at this burn site location. If the test results reveal that there are toxins, lead, asbestos or any other hazardous materials you will be required to hire a Certified CaI/Haz Contractor. NOTE: PROCEDINGS INITIATED BY THE CITY MAY INCLUDE CRIMINAL, CIVIL OR ADMINISTRATIVE ACTIONS, OR ANY COMBINATION. ATTACHED IS A LIST OF THE VARIOUS ACTIONS AND COSTS THAT WILL BE CHARGED. Please be advised that any person having any record title or legal interest in the building may appeal this Notice to Abate Public Nuisance or any action of the Building Official, provided the appeal is made in writing within ten (10) days of the date of this Notice to Abate Public Nuisance and is accompanied by the $1721 appeal filing fee. The appeal must contain the name, address, and telephone number of the appellant and a statement of the act, decision, or interpretation being appealed. The City is desirous of achieving voluntary compliance and trusts that this Notice to Abate Public Nuisance will be sufficient to cause corrective action on your part thereby avoiding legal action. Should you have any questions or require additional assistance or clarification, please do not hesitate to contact the undersigned at the Neighborhood Services Division. If, however, you fail to comply with this notice, the public nuisance will be abated and you will be subject to criminal and civil action initiated by the City Attorney and you will be charged for all costs of abatement. The enclosed notice has been mailed to you by certified mail and first-class mail. Receipt of either constitutes service of notice. Sincerely, Luis Sainz Building Official (619)336-4214 CC: City Attorney AN-07 * Owner :Garcia Jesus CoOwner Site 322-340 highland Ave National,City 51 Mail :PO Box 212333 Chula Vista Ca 91921 Xfered :01/18/2011 Doc # :31750 Price Deed :Grant Deed.. Loan Amt : Loan . VestType :Unmarried Person IntTy : Lender Land Use :621 Com,1 To 3 Story;Misc Store Bldg? - Bldg Use :*unknown Building Use* Zoning :6 Commercial Plat :RANCHO DE LA NACION MORRILL MAP MapNumb :000166 Legal :E 100 FT OF SE 1/4 OF E 1/4 OF 10 Census :Tract:118.01 Block:2 Bedrooms Bathrooms Units Pool :12 MetroScan / Sari.:Diego View Garage Sp Bldg SqFt Stories • :7,741 :2 Parcel . Land Struct . Other Total Exempt Type % Impry % Owned TaxArea MapGrid 11-12 Tx 556 127 05 00 $350,000 $350,000 $700,000 • :50 :100 :06045 :1289 H7 :$9,075.54 TractNum :166 OwnerPh . Year Built Acres LotSqFt :10.00 :435,600 * Information compiled from various sources. CoreLogic makes no representations in thn nrntracv nr cnnmleteness of information contained in this report. Y N M 57M 55 5. w M L lK 10 • 5 M 2.0SD. 3•311a.. 0 M1.t �NW COR LOT t3 10 52•I H STY 65 .e 1t. . Q'De0 s .. 11 1a. 0 N itA0 0 °O F 5O y M.50 SSW LOP LOT 12. ST. SO 50 SECOND 11S[) 1 -2 BLK 5 6 79 7 S. 11 n O-09 '. .5ii THIRD • a 13 Ie - 5O ' 0 t 094P0R Y :000FO- F.!eO so 13 . au ® 2 1 10 / f" 1, 15 la 5e 0.e FOURTH se �SWLY. COL. EI/2 OC W5/2 W 4 LL IC I 5T. T5 O t0 - POR II So 14 ID • 75 . °O w O„ 1 :' 0 a CD N O 7:' 1/4 SEC 155 7S t0 .e et SW COS OT E V2 OE LOT M SI 7 [. i 20 M zsz_ 19 67 16 3 15) 7 0. e S..S. So > 4 L7 /0 ST NE COP {.Of is 0R. TS O SF O .[S 2 i 7. 0 to .[Stc ST 1 e NE COR LOT 13-" 011 N}e 0 .t;s. 0 7t ST -N50 -M- 0 0 f5 n5 a OR 414, a0 1 +e W 4 HIGHLAND ♦0 556-12 CHANGc $ SLKOLD NEW RCUT 115 OI r. I -II 124. 7.5•[ 127 .ot 12811S.Yu I-7 1.7 1-9 (14 L... MAP 2002- MILL'S ADD MAP 1462 - A B WILSON'S SUB MAP 232 - PAT RICKS SUB OF POP 1/4 SEC 155 NATIONAL RANCI- MAP 166 - RANCHO DE LA NACION POP I/4 SEC 155 RECORDING REQUESTED BY City of National City Building Division 1243 National City Boulevard National City, CA 91950-4301 SPACE ABOVE THIS LINE FOR RECORDER'S USE FINAL ORDER OF ABATEMENT OF A DECLARED PUBLIC NUISANCE TO: Jesus Garcia P.O. Box 212333 Chula Vista, CA 91921-2333 REAL PROPERTY: 322-340 Highland Avenue, National City, CA 91950 A.P.N.: 556-127-05-00 On July 9, 2012, the above -referenced property was the site of a structure fire that resulted in severe damage to the building. Only July 10, 2012, pursuant to 2010 California Building Code, Section 116 (Unsafe Structures and Equipment) and National City Municipal Code Section 15.10.015 (Abatement of Dangerous Buildings), the National City Building Official issued a Notice of Dangerous Building. The Notice advised you, as the property owner, to obtain a demolition permit and complete the entire demolition of the structure prior to July 12, 2012, at 5:00. The property was not brought into compliance. On July 24, 2012, after an evaluation of the structure by a structural engineer hired by the City of National City, it was determined that the structure had sustained substantial damage, that it was an immediate safety hazard to the surrounding properties and the public using the sidewalks and adjacent streets, and should be immediately demolished. On September 11, 2012, a Declaration of Public Nuisance and Notice to Abate Public Nuisance was sent by Certified Mail ordering the property owner to obtain a demolition permit and demolish the entire structure within fourteen (14) days. Property owner did not comply and property owner did not appeal. The period of time allowed to bring the subject property into compliance has expired. YOU ARE HEREBY ORDERED BY THE CITY OF NATIONAL CITY to abate the Declared Public Nuisance on the property located at 322-340 HIGHLAND AVENUE, NATIONAL CITY, CA, by obtaining a demolition permit and demolishing the structure on said property within TWENTY- FOUR (24) HOURS of this Final Order of Abatement of a Declared Public Nuisance. Prior to demolition of the of said structure, you are required to provide to the City of National City test results for lead, asbestos, and any other toxins that may be present on said property. If lead, asbestos, or any other toxins are discovered to be on said property, you will be required to hire a Certified Ca/Haz Contractor to remove them. SHOULD YOU FAIL TO FULLY ABATE THE PUBLIC NUISANCE, the City of National City will abate or cause to be abated such public nuisance, and the cost of doing so will become your personal obligation and/or will be assessed against the property. Further, the abatement expense can be foreclosed upon or made a tax lien to be collected as a property tax. 1, Luis Sainz, declare that I am the Building Official of the City of National City and am authorized by law to file this Final Order of Abatement of a Declared Public Nuisance for recordation in the Real Property Records of the County of San Diego, California. Signature: Luis Sainz, Building Official City of National City Date: 2012. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT VIEETING DATE: October 16, 2012 AGENDA ITEM NO. 22 ITEM TITLE: Resolution of the City Council of the City of National City opposing further cuts to Federal Programs that further impact core local government programs. ("Sequestration") PREPARED BY: 'Leslie Deese, City Manager 619-336-4240 PHONE: AlfredoYbarra, 619-336-4279 EXPLANATION: Carlos Aguirre, 619-336-4391 See Attached Staff Report DEPART APPROVED B City Manager/Housing & FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1) Staff Report 2) Resolution 3) Background Information from the League of California Cities 4) City Staff Powerpoint FROM: CMO & Housing & Grants Staff Report The League of California Cities has asked cities to opposefurther cuts to Federal Programs that further impact core local government programs ("Sequestration") and to raise awareness about the negative impact of automatic reductions in the Department of Defense's Budget. Also, the South CountyEDC is part of a regional collaborative that is working on efforts to prepare for the expected defense downsizing. The economic losses in our region as part of this initiative could be substantial. Congress passed the Budget Control Act (PL 112-25) in July 2011, which established mandatory spending caps on most federal programs through 2021, and arranged additional across-the-board annual spending cuts to federal defense and non -defense discretionary programs over this same period. Included in non -defense discretionary (NDD) programs are critical local government oriented programs, which include the Community Development Block Grant (CDBG), HOME Investment Partnership, COPS and Byrne Justice Assistance Grants. Please see attached information from the League of California Cities. Under federal sequestration, additional cuts of approximately 8.4% would be imposed on these programs for FY 2013 starting on January 2, 2013. From 2013 through 2021, funding for these programs would be reduced by nearly 28%. Reducing the federal deficit is an important component of achieving Tong -term national economic stability, but targeting solely NDD programs will not achieve sufficient reductions and will only greatly hinder local and national economic growth. National City stands to potentially lose $1 to $4 million dollars a year in direct revenue from federal entitlement and other grant programs. The attached information from the League provides additional background on sequestration, including detailed information and statistics on what Congress has planned, key concerns and talking points. f RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OPPOSING FURTHER CUTS TO FEDERAL PROGRAMS THAT FURTHER IMPACT CORE LOCAL GOVERNMENT PROGRAMS ("SEQUESTRATION") WHEREAS, last year President Obama and congressional leaders reached an agreement to raise the debt ceiling by $2.1 trillion and reduce spending by the same amount; and, WHEREAS, this agreement was enacted by Congress and signed into law (PL 112-25) by President Obama in August, 2011; and, WHEREAS, PL 112-25 instituted annual caps on non -defense discretionary spending that are designed to reduce the deficit by $935 billion over the next ten years; and, WHEREAS, the $935 billion in cuts to non -defense discretionary spending have already significantly impacted core local government programs such as CDBG, HOME, infrastructure grants and local law enforcement assistance; and, WHEREAS, PL 112-25 also created a 12-member congressional Joint Select Committee on Deficit Reduction (the "Super Committee") that was tasked with reviewing the entire federal budget and finding an additional $1.5 trillion in spending reductions over the next ten years by November 23, 2011; and, WHEREAS, the Super Committee deadlocked; and, WHEREAS, in the event of a Super Committee deadlock, PL 112-95 called for an additional $1.2 trillion in cuts to discretionary spending to be spread over the next nine years beginning in FY 2013, and split evenly between defense ($600 billion) and non- defense ($600 billion) discretionary spending; and, WHEREAS, the additional $1.2 trillion cut is called "sequestration" and is scheduled to be implemented in January, 2013; and, WHEREAS, the spending levels imposed by sequestration would lead to non- defense discretionary spending levels that would cripple or eliminate core local government programs; and, WHEREAS, the spending levels imposed by sequestration would severely impact the Defense Department budget, would lead to declined investment in local military bases and could lead to another round of bases closures and realignments; and, WHEREAS, discretionary spending (defense and non -defense) makes up less than one-third of the federal budget; and, Resolution No. 2012 — Page Two WHEREAS, total discretionary spending (defense and non -defense) was less than the budget deficit in FY 2011 and will probably be Tess than the budget deficit in FY 2012, meaning that the deficit cannot be eliminated solely through discretionary spending cuts; and, WHEREAS, budget experts and economists are calling the combination of expiring tax provisions and sequestration a "fiscal cliff' that needs to be urgently addressed; and, WHEREAS, most non -partisan budget experts and economists agree that eliminating the budget deficit will require a balanced approach that includes reforms to the mandatory spending programs that make up the bulk of the budget, increased revenue and reasonable discretionary spending caps; and, WHEREAS, metro areas have been responsible for nearly 88 percent of the recovery in the nation's real GNP and over 83 percent of employment growth to date; and, WHEREAS, non -defense discretionary programs are successful and productive, leveraging significant funding from non-federal sources to help spur economic recovery; and WHEREAS, National City has a strong military presence; its three-mile port area along the San Diego Bay is part of Naval Base San Diego, the largest U.S. Naval base on the west coast; and WHEREAS, the San Diego region is home to military forces, bases, and activities which contribute greatly to the health of the local economy. The San Diego Military Advisory Council's 2012 Economic Impact Study by Fermanian Business and Economic Institute at Point Loma Nazarene University, states that "An estimated total of $20.6 billion of direct spending related to defense will flow into San Diego County during fiscal year 2012..." and "The military sector is responsible for 311,000 of the region's total jobs in 2012 after accounting for all of the ripple effects of defense spending," representing one out of every four jobs in San Diego's economy; and WHEREAS, San Diego Regional Economic Development Corporation estimates that 31,000 jobs in the San Diego region could be lost as a result of automatic reductions in the Department of Defense budget; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of National City, this 16th day of October, 2012, opposes sequestration; and, Resolution No. 2012 — Page Three BE IT FURTHER RESOLVED that the City Council of the City of National City opposes further cuts to discretionary spending that hurt the mission of or the troops at Naval Base San Diego or that further impact core local government programs; and, BE IT FURTHER RESOLVED that the City Council of the City of National City calls upon President Obama and Congress to avert sequestration and craft a balanced approach to deficit elimination that shares the burden evenly, does not disproportionately harm national economic growth by shifting costs to local governments or harm national defense. PASSED and ADOPTED this 16th day of October, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor Page 1 of 4 Leslie Deese From: Leslie Deese Sent: Monday, October 08, 2012 3:38 PM To: LDeese@nationalcityca.gov Subject: FW: Federal Sequestration Webinar and Action Alert Attachments: Sample Resolution.docx FEDERAL SEQUESTRATION: LOCAL PROGRAMS FACE CUTS OF UP 28 PERCENT URGE CONGRESSIONAL ACTION TO AVERT THE PENDING SEQUESTER BACKGROUND: Congress passed the Budget Control Act (PL 112-25) in July 2011, which established mandatory spending caps on most federal programs through 2021, and arranged additional across-the-board annual spending cuts to federal defense and non -defense discretionary programs over this same period. Included in non -defense discretionary (NDD) programs are critical local government oriented programs, which include the Community Development Block Grant (CDBG), HOME Investment Partnership, COPS and Byrne Justice Assistance Grants. These programs have already experienced significant cuts over the last two federal fiscal years in the following amounts - • CDBG - 27% (from $3.99 billion in FY 2010 to $2.9 billion in FY 2012) • HOME - 44% (from $1.8 billion in FY 2010 to $1 billion in FY 2012) • COPS - 55% (from $298 million in FY 2010 to $166 million in FY 2012) • Byrne/JAG - 31% (from $511 million in FY 2010 to $352 million in FY 2012) WHAT CONGRESS HAS PLANNED: Under federal sequestration, additional cuts of approximately 8.4 percent would be imposed on these programs for FY 2013 starting on January 2, 2013. From 2013 through 2021, funding for these programs would be reduced by nearly 28 percent. These programs provide critical support to cities, assisting with implementation of community and economic development initiatives, affordable housing projects, human services programs and public safety services and equipment. Beyond these programs, the sequester would also impose cuts to federal surface transportation funding, with roughly $739 million in highway and road funding vulnerable to these scheduled spending cuts. Finally, the sequester would also have a significant impact to national defense programs. These cuts would be particularly harmful to California, which stands to lose $2 billion in defense contract revenue through the sequester, resulting in an estimated loss of 135,000 private -sector jobs and $11.7 billion in gross state product [GSP]. it is estimated that 25% of the lobs in the region rely in some way on defense spending. These cuts could threaten up to 30,000 defense related jobs in San Diego County over time and have a negative impact of $32 million lost. 10/8/2012 S Page 2 of 4 KEY CONCERNS Achieving deficit reduction cannot be done solely through cuts to local government programs. While there is bipartisan consensus that Congress and the White House need to implement reforms to reduce the federal deficit, targeting solely NDD programs will not achieve sufficient reductions since the deficit has been over $1 trillion and discretionary spending has been less than $500 billion. NDD programs are not the cause of the growing national debt, as they account for less than 1/5 of the total federal budget and have been historically stable. Yet 90 percent of federal deficit reduction over the last two years has focused on dramatically decreasing NDD spending. While it may seem like low hanging fruit, cutting NDD programs could result in tremendous, long-term unintended economic and social consequences. NDD programs are successful and productive, leveraging significant funding from non-federal sources to help spur economic growth and recovery. For example, every one dollar of CDBG funding traditionally leverages another three dollars in private and public investment. This equates to over one billion dollars being directed into areas hit hard by economic turmoil. These leveraged funds, along with CDBG, are helping to spur the economic investment needed to revitalize the lagging economy. California cities need a fully funded CDBG program now more than ever to revitalize neighborhoods, stimulate economic development, and maintain community facilities and services. Deficit reduction should not shift costs to local governments, because it would harm fragile economic growth and force reductions or elimination of some city services. 83.7 percent of the nation's population resides in metropolitan areas whose basic services would be severely impacted by federal sequestration. While economic growth following the 2008 mortgage foreclosure crisis has been slow, metro areas have been responsible for nearly 88 percent of the recovery in the nation's real GNP and over 83 percent of employment growth to date. Allowing federal sequestration to proceed in its current form would reduce funding for locally -oriented federal programs, shifting costs to state and local governments and stifling national economic growth. TAKE ACTION • Send letters to your members of Congress (sample letter included) expressing the need to reform the pending federal sequestration during the post -election lame duck session. Member and Senator addresses and fax numbers can be searched at www.house.gov and www.senate.gov respectively. • Approve a local resolution (sample attached) calling for a balanced approach to achieving federal deficit reduction goals and share these resolutions with your members of Congress (example resolution included). • Submit op-eds to your local papers that illustrate the value of priority local government -oriented federal programs (such as COPS, CDBG, HOME and Byrne/JAG), and the need for Congress to revise the federal sequester to ensure that these programs are maintained at current funding levels. Congress will revisit discussions on reorganizing federal sequestration when they return for a post -election session beginning on November 12. It is critical that cities weigh in with their members of Congress during the 10/8/2012 Page 3 of 4 month of October. TALKING POINTS • We agree that reducing the deficit is an important component of achieving Tong -term national economic stability, but targeting solely NDD programs will not achieve sufficient reductions and will only greatly hinder local economic growth and national. My city and our region stands to lose (INSERT AMOUNT OR PROGRAM HERE) that we rely on. • The pending federal sequester must be reformed in a balanced manner that reduces its impact on local governments. Programs that benefit local economic growth and help local governments provide critical services have already been cut significantly over the past several years. These programs include COPS, Byrne Justice Assistance Grants, CDBG and the HOME program. • These programs are successful and productive, leveraging significant funding from non-federal sources to help spur economic recovery. For example, every one dollar of CDBG funding traditionally leverages another three dollars in private and public investment. My city needs this funding to boost the lagging economy, revitalize neighborhoods and maintain community facilities and services. • Allowing federal sequestration to proceed in its current form would reduce funding for locally - oriented federal programs, shifting costs to state and local governments and stifling national economic growth. • In (INSERT YOUR CITY) we utilize funding from (INSERT PROGRAM) to (PROVIDE DETAIL). The loss of this funding would mean (EXAMPLE). (Explain what your city utilized this funding for, be specific and include related figures. For example: to support expansion of affordable housing or roll out a community clean-up project, to support non-profit programs that help public safety, to leverage private funds that wouldn't otherwise be there, etc. National University System Institute for Policy Research examined the impact to San Diego County of across the board reductions in defense and non -defense spending. The report may be found here http://www.nusinstitute.org/assets/resources/pageResources/FiscalClifferief.pdf Cra{-lac-t 3) Catherine Hill League Of California Cities Regional Public Affairs Manager San Diego County and Imperial County 619-733-1751 10/8/2012 9 Policy Brief FALLING OVER "FISCAL CLIFF" WOULD PUSH SAN DIEGO BACK INTO DEEP RECESSION On December 31, 2012 a number of federal tax cuts will expire, including changes to income tax brackets and rates, changes to the Alternative Minimum Tax (AMT), special treatment for capital gains, increases in Earned Income Tax Credits and reductions in the "marriage penalty" for joint filers. In addition, due to a Congressional budget impasse following the signing of the Budget Control Act of 2011, the federal government now faces the prospect of automatic across the board budget cuts ("sequestration") in a large number of domestic and defense programs. While there seems to be a sense of urgency among federal policymakers, time is growing short to avoid what many are calling a "fiscal cliff." Closely divided government and deep ideological differences make resolution of this problem far from certain. The National University System Institute for Policy Research (NUSIPR) examined three federal policy changes and estimated their impact on San Diego. A) Using IRS and Bureau of Labor statistics, as well as tax models from the Tax Policy Institute, NUSIPR estimated the impact on San Diego County Taxpayers to the expiration of the "Bush - era" tax cuts as well as failure to "patch" the AMT to reduce its impact on middle -income taxpayers. B) Using the Consolidated Federal Funds Report (CFFR), data from the Office of Management and Budget, and recent policy pronouncements from the White House, we estimated the impact of sequestration on non -defense federal spending in San Diego County. C) Using data from the CFFR, Bureau of Economic Analysis, and the Bureau of Labor Statistics, we estimate the impact on defense expenditures in San Diego County. There has been relatively more specificity in this area, providing for a more accurate forecast of possible impacts on San Diego. BOTTOM LINE: A failure to reach resolution of these various policy positions would have a significant impact on the San Diego economy. Tax Increase: Reduced Domestic Spending: Reduced Defense Spending: TOTAL IMPACT OF THE FISCAL CLIFF: $ 2.8 to $3.5 Billion $ 481 Million to $761 Million $ 1.1 to 51.7 Billion $ 4.3 to $5.9 Billion 2 As way of context, in 2011 the San Diego economy grew an estimated 3.9 % or $6.7 billion. NUSIPR's current forecast is for Gross Metropolitan Product to grow in 2012 by 3.7 % or $6.5 billion. If no policy solution is reached in Washington, the net impact of the increases in taxes and decreases in spending would result in a return to recessionary contraction in the regional economy. Note that this does not take into account the degree to which federal spending would have a multiplier effect on the economy, likely understating the negative impact this dramatic and sudden reduction in spending would have on San Diego. NUSIPR does believe that federal deficits are at levels that are unsustainable. However, a dramatic increase in taxes at the same time as a dramatic decrease in expenditures is likely to have such a shock on the economy as to send us back into recession. Methodology Expiration of Bush Era Tax Cuts In January 2013 several significant tax cuts will expire, including reductions in payroll taxes, tax cuts tied to the stimulus such as increase in child tax cuts and the earned income tax credit and tax credits tied to promoting more sustainable forms of energy. Also expiring, and the most debated, are the so called "Bush -era" tax cuts, a set of policies enacted in 2001 and 2003. They notably include cuts to marginal tax rates, increases in child tax credits, the ending of the so-called "marriage penalty" for joint filers and several other tax credits and deductions. At the heart of most of the debates over tax policy in Washington in 2012 has been whether to extend these cuts for all Americans, whether to limit their extension to families making less than a certain amount of adjusted gross income, or to allow them to expire. To estimate the estimated impact in 2013 in San Diego County we used a model from analysis conducted by the Tax Policy Center, a joint project of the Brookings Institute and the Urban Policy Institute. They have calculated the average impact on households at different income levels from allowing the 2001 and 2003 tax cuts to expire and not extending the AMT "fix" for 2013. (Table T10- 0133). We then mapped the income categories used by the Tax Policy Center onto an estimated distribution of household incomes for San Diego County. We then multiplied the average tax impact by an estimated number of households. This methodology resulted in a $ 2.8 billion projected impact on San Diego taxpayers from the expiration of the cuts. The Heritage Foundation has conducted an analysis similar to the one we have for each Congressional district that existed PRIOR to 2010. For ALL of the tax cuts expiring at the end of 2012 they found an aggregate impact on the five congressional districts encompassing San Diego County of $6.14 billion. They also estimate that the Bush Era Tax Cuts and the AMT would comprise approximately 68% of the total amount. Excluding those parts of Riverside County that were part of the 59`h Congressional district and the parts of Imperial County that are in the 51'1 district, the methodology used by Heritage indicates approximate a $3.8 billion impact on San Diego County. To err on the side of being conservative, we chose the lesser amount. The United States has a progressive income tax meaning that the higher a taxpayer's household income the greater percentage of income, all other things being equal, is paid in the form of income tax. Thus changes in income tax policies typically have their greatest impact (both positive and negative) on higher wage earners. This is the case with discussions over the Bush Era tax policies. For example, 75% of the impact of the expiration of the tax would fall on San Diego households making more than $104,000. We estimate that those making between $104,000 and $168,000 would pay, on average, an additional $3,600 in federal taxes. For those San Diego households making more than more than $550,000, expiration of the tax cuts would see their taxes rise by more than $62,000 according to the Tax Policy Center's model. In contrast, for families making less than $21,200 expiration of the taxes would cause their tax liability to rise by only $45. We estimate that in 2013 San Diego will pay, in total $27.3 billion in federal taxes (includes payroll, estate, excise, and income taxes). Finally, we do not attempt to calculate in this policy brief the indirect impacts on the economy as taxpayers cut back on purchases because of reduced after-tax income and as they took steps to alter their household incomes to reduce their tax burden (for example, by realizing capital gains in 2012 under lower rates than waiting until 2013 when the tax rate paid on capital gains by most taxpayers would increase). Impact of Sequestration on Non -Defense Spending Sequestration will significantly impact funding for non -defense federal programs and services that are used by everyday San Diegans, including public schools, national parks, and community health clinics. Popular programs such as Head Start and Job Corps are not spared from sequestration. Even departments for politically entrenched entitlement programs, which are mostly shielded from future reductions, will still be subject to "administrative" cuts which will likely result in longer processing times, greater backlogs of recipient claims, and fewer customer service representatives. Important policy distinctions exist among federal expenditures that affect how we conducted our fiscal analysis. Non -defense federal spending in San Diego County is broken into two main categories — entitlements & discretionary programs. While generally most entitlement programs are exempt from sequestration, and discretionary programs are subject to it, this is not always the case. Under special rules set forth by Sections 255 and 256 of the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA), some government programs such as individual Social Security payments are exempt from sequestration, while other capital outlays, such as veterans' medical care, are subject only to 2% cuts, lower than the anticipated across-the-board figures. To determine the impact of sequestration on non -defense federal spending in San Diego, NUSIPR first obtained the most current state -based financial data from the Consolidated Federal Funds Report (CFFR) website. San Diego County -specific records were then selected out from the database. We found that in 2010, $28.7 billion was disbursed for non -defense federal programs and services in San Diego County. 0 Among the largest federal entitlement programs in San Diego for 2010 included Social Security payments ($3.5 billion) and home mortgage insurance loans ($3.2 billion). Next, we labeled disbursements by federal agency and program using CFFR coding files. Countywide, federal expenditures are categorized under 154 unique agency budget codes and 407 program codes. Individual expenditures were then divided (to the greatest extent possible) into five main categories: defense -related spending; non -defense discretionary spending; non -defense discretionary spending that is subject to Section 256 sequestration restrictions; non -defense discretionary spending that is exempt from sequestration under Section 255; and non -defense mandatory spending. Defense -related spending was removed from the sample. Remaining expenditures were adjusted to the estimated 2013 spending levels using categorical outlay growth figures found on the Office of Management & Budget website. To estimate the range of sequestration cuts in San Diego, we conducted a literature review on the topic. The Center on Budget and Policy Priorities (CBPP) estimates that sequestration will result in an 8.4% across-the-board reduction in most non -defense discretionary programs, a figure which we used as the basis for our low -end for potential cuts. However, the Center for American Progress (CAP) notes that while the fiscal year 2013 begins on October 1, 2012, sequestration would not be implemented until January 2, 2013. As a result, CAP suggests some programs may have to increase their cuts to 11.3%- 13.3%, in order to achieve the total budget reduction within a nine month timeframe. Thus, NUSIPR adopted the 13.3% figure for our higher cut threshold. We project that non -defense expenditures in San Diego county will total $31.5 billion in 2013. Impact of Sequestration on Defense Spending The pending fallout from federal defense expenditures cutbacks will have particularly devastating impacts for San Diego. As the nation's largest metro area for military personnel, base operations, and income, San Diego has the most to lose from military spending cutbacks. The region also has significant defense contracting work totaling multi -$billions among private San Diego companies providing aerospace, shipbuilding, computers, electronics, communications, other R&D, services and supplies. In total, defense spending directly accounts for 14% of San Diego's GDP. Including multiplier impacts from indirect and induced spending, the total approaches 25% or $1 in every $4 generated by the local economy. If defense cuts occur across-the-board in 2013, proportional reductions in funding provided by appropriations bills will include funding of war costs and unobligated balances carried over from prior years. For 2014-2021, the cuts would occur through reductions on statutory caps of total defense funding as the Appropriation Committees decide how to allocate allowed funding. In 2013, the one year in which the cuts affect already appropriated defense funding, the President is likely to exempt some or all military personnel funding from the sequestration (President Obama has indicated he will not allow personnel funding to be reduced). By the extent that option is implemented, cutbacks among other defense funding will necessarily be increased. Also shielded from "sequestration" !! are veterans benefits. This is particularly significant for San Diego because these two categories, military personnel and veterans benefits, account for substantial amounts distributed within the region. The total amount San Diego received in 2011 was $12.6 billion. The Center on Budget and Policy Priorities (CBPP) estimates sequestration will result in a 9.0% across- the-board reduction of defense programs if military personnel funding is exempted, including war funding and unobligated balances. Only 7.0% would be cut if personnel funding is not exempt. The impact on San Diego, however, is actually greater if military personnel funding is not exempted because local base operations are so substantial. If the 9.0% cutback of defense programs budget is equitably implemented across the defense budget, San Diego loses $1.1 billion. If personnel funding is not exempted, San Diego loses $1.7 billion. In 2013 we estimate that there will be $23.7 billion in DoD expenditures in San Diego County. City Council of the City of National City October 16, 2012 FEDERAL SEQUESTRATION Housing and Grants WHAT IS Sq.UETR8TIQN? x Mandatory across-the-board cuts to government expenditures to balance the budget by reducing deficit spending x Continuing Resolution (CR) through March 2013 will allow for the Federal Government to maintain FY2012 funding levels x Absent a legislative alternative, a sequester will happen on January 2, 2013 that may severely impact FY2013 programs x The goal is to cut 1.2 trillion dollars of federal spending 13 LOCAL ECONOMIC IMPACTS FR M CUTS x Military Funding x Educational Programs x Medical Aid to Low Income Families and Seniors x Infrastructure Development Programs x Other Discretionary Programs CITY PROGRAMS THAT MAY BE IMPACTED x Community Development Block Grant Program x HOME Investment Partnerships Program x Section 8 Housing Voucher Program x Infrastructure Improvement Programs such as Safe Routes to School x Public Safety Grants x Actual funding cuts unknown- potentially millions in revenue lost (at least cuts of 8.2% to non -defense programs are planned) rr 7/1, fr3r r rrr, .;,�.� , ,..gM FUNDS EXAMPLE: LEVERAGE OF CDBG PROGRA SOURCE OF FUNDS $ SPENT ON HOUSING AND COMMUNITY DEVELOPMENT IN FY2011-2012 CDBG FUNDS $1,247,274 STATE FUNDS $2,147,351 LOCAL FUNDS $1,111,561 TOTAL S/L FUNDS $3,258,912 APPROXIrMATEEY 3;1 IN FY2011-2012 VktIAT CAN NATIONAL CITY DO? x Support the League of Cities effort to preserve federal funding for cities by adopting the Resolution x Inform Congressional Leadership of the Impacts x Stay informed i5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT -MEETING DATE: October 16, 2012 AGENDA ITEM NO. 23 ITEM TITLE: Report on proposed red curb "No Parking" along the west side of the 2200 and 2300 blocks of Euclid Avenue to improve visibility at driveways and provide clearance from parked vehicles (TSC Item No. 2012-20 PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Provide direction to staff. BOARD / COMMISSION RECOMMENDATION: kTTACHMENTS: 1. Explanation 2. City Council Agenda Statement from October 2, 2012 with all noted attachments. Explanation At the City Council meeting of October 2, 2012, the City Council considered a request for installation of red curb "No Parking" at the driveway to 2320 Euclid Avenue to provide clearance from parked vehicles. This was the Traffic Safety Committee's recommendation. City staff's recommendation was to install red curb "No Parking" at all of the driveways along the west side of the 2200 block of Euclid Avenue to improve visibility for drivers exiting the driveways. After discussion from residents, Councilmembers and staff, Council action was to direct staff to assess the extent of red curb that could be provided at all of the driveways along the west side of the 2200 and 2300 blocks of Euclid Avenue, without the Toss of parking. Concerns were raised from Councilmembers regarding consistency of red curb installation at these driveways. Based on comments from residents, City Council also directed staff to identify any visibility issues related to overgrown shrubs or trees. Staff has prepared a revised exhibit with measurements for existing and proposed red curb, and remaining on -street parking. The minimum required length for an on -street parallel parking space is 20 feet. As illustrated in the exhibit, this proposal would not result in the Toss of any on -street parking spaces. Staff will coordinate with property owners to have any shrubs or trees that currently present visibility issues trimmed. Any overgrown vegetation in the public right of way will be trimmed by City Public Works. After receiving direction from City Council, staff will return at the October 30, 2012 City Council Meeting with a Resolution for adoption. Location Map 2220-2244 Euclid Ave 2320 Euclid Ave LEGEND awae0a XX` (XX) Red Curb "No Parking" (measurements Include 3' for driveway wings) Available Parking ON -STREET PARKING CALCULATIONS Existing Spaces = 15 Proposed Spaces = 1S Net Loss = 0 Y1 ( CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 2, 2012 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the driveway to 2320 Euclid Avenue to provide clearance from parked vehicles (TSC Item No. 2012-24)1 PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: DjeVelOpment Services / APPROVED BY: Engineering FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: See attached. BOARD / COMMISSION RECOMMENDATION: At their meeting on September 12, 2012 the Traffic Safety Committee recommended installation of red curb "No Parking" at the driveway to 2320 Euclid Avenue. ATTACHMENTS: 1. Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (September 12, 2012) -2- Explanation Mrs. Dorothy Villanueva, resident of 2320 Euclid Avenue and member of the HOA, has requested red curb "No Parking" at the driveway to her housing complex to improve visibility when exiting. When vehicles park on the west side of Euclid Avenue at the driveway vision is impaired. The complex has 17 units with on -site parking for up to two vehicles per unit. Staff performed a site evaluation at the driveway and confirmed that sight distance is impaired when vehicles park at the driveway. Staff also observed similar conditions at each of the remaining private driveways to the north, ending at E. 22nd Street (see attached photos included in the staff report to the Traffic Safety Committee). Both sides of Euclid Avenue are heavily parked during the day. However, after Lincoln Acres School lets out parking is typically available on the east side of the street. Euclid Avenue between E. 22nd Street and E. 24th Street is a four -lane arterial roadway with a posted speed limit of 35 mph and an average daily traffic (ADT) volume of approximately 9,200 vehicles. There is a steep vertical curve beginning just north of E. 22nd Street going downhill to E. 24th Street. Staff reviewed the traffic collision history along this segment of Euclid Avenue and there have been no "reported" collisions in recent years. Several years ago radar speed feedback signs were installed as part of a Safe Routes to School Grant in an effort to reduce vehicle speeds in the school zone. The signs have been successful as recent speed surveys validate the posted speed limit of 35 mph. Staff Recommendation Based on review of traffic volumes, speeds and roadway conditions, staff recommends installation of red curb "No Parking" along the west side of the 2200 block of Euclid Avenue to improve visibility for drivers exiting private driveways (see attached exhibit). This would result in the loss of six curbside parking spaces. Approximately 40 feet of parking midblock can remain. It shall be noted that all of the residential units on this block have available off-street parking. Traffic Safety Committee Recommendation On September 12, 2012 the monthly meeting of the Traffic Safety Committee was held. Staff noticed all property owners and tenants on the west side of Euclid Avenue between E. 22nd Street and E. 24th Street inviting them to the meeting. Prior to presenting the staff report and recommendations, Mrs. Villanueva summarized her request for red curb "No Parking" at the driveway to her housing complex located at 2320 Euclid Avenue. She cited concerns regarding parked vehicles blocking the driveway and related visibility constraints. Mr. Donald Tafoya, owner of several housing complexes located at 2220-2244 Euclid Avenue spoke in opposition of the staff recommendation, which would extend the red curbing further north in front of his properties. He stated that he is unaware of any accidents and that while he provides two parking spaces on -site for his tenants, visitors must park on the street where parking is not readily available due to the school. He submitted a petition signed by many of his tenants in opposition of red curb in front of his properties (see attached). After listening to all of the speakers, including City staff, the Traffic Safety Committee voted 3 to 1 to deny the staff recommendation and approve red curb "No Parking" at the driveway to 2320 Euclid Avenue only (see attached exhibit). The Committee also directed staff to continue to monitor conditions along this segment of Euclid Avenue for safety. If City Council votes to approve the Traffic Safety Committee recommendation, all work would be completed by City Public Works. TSC 2012-24 -4- Staff Recommendation Total loss of on -street parking = 6 spaces Traffic Safety Committee Recommendation Petition to STOP RED CURB ON EUCLID Petition summary and background The City of National City has decided that a Red Curb "No Parking" should be painted along Euclid Avenue between E. 22rf 1 Street and E. 24th Street to improve visibility for drivers exiting driveways. Action petitioned for We, the undersigned, are cont riied citizens who urge our leaders to act now to reevaluate the decision to Red Curb or "No Park" the area on Eudid between E. 22"d and E. 24th Streets. This will greatly impact the parking situation to those people who live in this area. There are only two designated parking spots for each tenant and there is no "over flow" parking for friends or family. Additional parking must be on the street, if the area is "No. Parked" it would make additional parking for our tenants very inconvenient. The tenants at 2220 - 2244 Euclid did not request this and hereby petition the City of National City to please reconsider their decision to Red Curb this area. Printed Name Signature Address comment 6k(i)-//644 )( -{fil 2_,2_3c( Fact,;i ,r- At Ae..,4 q.-4.7--(z_. ar% f ""' c2.2' 7r L e/z ..40., A/O R 9 ,y ./ . _)J 2 6-; h- 7z/z-. e'i.L . , 47.e-.1-.. dc5" J� ` 2.2) E.�c\,d Avg too q-11-\2. 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L 416-- , C • 6 0 ,« ,34, `vr"- - - l c)? i 70 f 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 12, 2012 ITEM TITLE: REQUEST FOR RED CURB "NO PARKING" ALONG THE WEST SIDE OF THE 2200 BLOCK OF EUCLID AVENUE TO IMPROVE VISIBILITY FOR DRIVERS EXITING PRIVATE DRIVEWAYS (BY D.- ILLANUEVA) V PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: V Mrs. Dorothy Villanueva, resident of 2320 Euclid Avenue, has requested red curb "No Parking" at the driveway to her housing complex to improve visibility when exiting. When vehicles park on the west side of Euclid Avenue at the driveway vision is obscured. The complex has 17 units with on -site parking for up to two vehicles per unit. Staff performed a site evaluation at the driveway and confirmed that sight distance is not provided when vehicles park at the driveway. Staff also observed similar conditions at each of the remaining private driveways to the north, ending at E. 22nd Street. Euclid Avenue between E. 22nd Street and E. 24th Street is a four -lane arterial roadway with a posted speed limit of 35 mph and an average daily traffic (ADT) volume of approximately 9,200 vehicles. There is a steep vertical curve beginning just north of E. 22nd Street going downhill to E. 24th Street. Staff reviewed the traffic collision history along this segment of Euclid Avenue and there have been no "reported" collisions in recent years. Based on review of traffic volumes, speeds and roadway conditions, staff recommends installation of red curb "No Parking" along the west side of the 2200 block of Euclid Avenue to improve visibility for drivers exiting private driveways. This would result in the loss of six curbside parking spaces. Approximately 40 feet of parking midblock can remain. It shall be noted that all of the residential units on this bock have available off- street parking. STAFF RECOMMENDATION: Staff recommends installation of red curb "No Parking" along the west side of the 2200 block of Euclid Avenue to improve visibility for drivers exiting private driveways. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2012-24 -Q- Stephen Manganiello if *om: Leslie Deese Sent: Wednesday, July 18, 2012 5:06 PM To: Stephen Manganiello; Barby Tipton Subject: FW: Follow Up - CM Mona Rios Hi Steve and Barby, CM Rios received a call from Dorothy (contact information below) who resides at the complex located at 2320 Euclid Avenue. Dorothy is also the president of the Board of Directorsof the complex. The complex consists of 17 units with one exit to get onto Euclid where you can turn either left or right. The problem is bad visibility from both directions due to cars parked on the street. Also complicating the matter is the complex is located next to the Fire Department and across the street from a childcare center. They are requesting red curb on each side of the entry/exit to help with visibility. Can you please review and advise? Please keep Dorothy updated on the issue should it go to TSC or if you have questions. Thank you! - leslie Leslie Deese City Manager City of National City 243 National City Blvd. National City, CA 91950 619-336-4242 (Office) 619-322-4361 (Cell) Ideese@nationalcityca.gov Original Message From: Mona Rios Sent: Tuesday, July 17, 2012 7:30 AM To: Leslie Deese Subject: Follow Up - CM Mona Rios Good Morning Leslie, 1(41Pt i.tLit q A Here is the contact info for "Dorothy" Nutrition Center volunteer who lives off Euclid across from the fire Station and directly across the pre school. Her concern traffic. 2320 Euclid A�4_, t 619 475-8260 hank you, Mona 1 -10- 2320 Euclid Ave R.* . 4 • t . . t. Maintain 40 feet existing parking — fir4144,4,,sX1' Begin red curb "No Parking" , End red curb "No Parking" Location Map • .!: • t . ttri • t• It .• 2200 block Euclid Avenue (looking northwest) 2200 block Euclid Avenue (looking northwest) -12- 2200 block Euclid Avenue (looking northwest) 2200 block Euclid Avenue, exiting driveway (looking north) 11 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT -1EETING DATE: October 16, 2012 AGENDA ITEM NO. 24 ITEM TITLE: Update on City's Jurisdictional Urban Runoff Management Program (JURMP) Annual Report for Fiscal Year 11-12 . PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: Each year the City prepares and submits to the San Diego Regional Water Quality Control Board, an Annual Report on the implementation of its Jurisdictional Urban Runoff Management Program (JURMP). To update the City Council, the Executive Summary of this report is attached. The report was submitted to the San Diego Regional Water Quality Control Board on September 27, 2012. DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept the report BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: City's Jurisdictional Urban Runoff Management Program (JURMP) Fiscal Year 11-12 Annual Report Executive Summary EXECUTIVE SUMMARY The City of National City (City) has been actively developing and implementing storm water pollution prevention measures since 1990. The City's current Jurisdictional Urban Runoff Management Program (JURMP) was prepared in March 2008 in response to San Diego Regional Water Quality Control Board (RWQCB) Order No. R9-2007-0001 (Municipal Permit). The Municipal Permit was jointly issued to 18 municipalities in San Diego County, including the City, the County of San Diego, the San Diego County Regional Airport Authority, and the San Diego Unified Port District (collectively referred to as "Copermittees"). At the end of each fiscal year, the City is required to report a summary of its JURMP implementation activities to the RWQCB. This JURMP Annual Report presents the City's activities during the 2011/2012 fiscal year, which began on July 1, 2011 and ended on June 30, 2012. Each section of this JURMP Annual Report discusses how the City's efforts during 2011/2012 met the requirements of the Municipal Permit. Key actions taken for the major components of the City's storm water program are summarized below. Development Planning Component During 2011/2012, the City continued to oversee development activities occurring in the City in order to mitigate potential threats to water quality due to such activities. The City continued to require all development projects to submit applicability checklists to determine subjectivity to the City's Standard Urban Storm Water Mitigation Plan (SUSMP) requirements. All SUSMP submittals were also reviewed with respect to Hydromodification Management Plan applicability and requirements. The City implemented its treatment control BMP operation and maintenance verification program, which included the utilization of a Microsoft Access treatment control BMP database to track information and prepare the maintenance verification letters distributed to responsible parties. The City also conducted BMP inspections at 18 sites with approved treatment control BMPs and exceeded Municipal Permit inspection frequencies. Construction Component During 2011/2012, a total of 66 construction storm water compliance inspections were completed at inventoried construction sites, not including inspections for building permits, which also include a brief check for storm water BMPs. The City checked all construction projects for applicability to the maximum disturbed area limitation and guidelines for advanced treatment. The City's plan check process provided permit applicants with construction BMP fact sheets, and the inspection program required projects to comply with the City's minimum BMP requirements. Municipal Component The City inspected all high TTWQ municipal fixed facilities and continued its rigorous street sweeping and MS4 maintenance programs. A total of 985 tons of sediment and CITY OF NATIONAL CTTY 2011/2012 JURMP ANNUAL REPORT PAGE ES-1 debris were removed from street sweeping activities, and 15.1 tons of debris were removed from standard MS4 maintenance. The City continued to maintain and repair or replace sanitary sewer lines, as needed, to decrease the potential for a sanitary sewer overflow (SSO). No public SSOs occurred during 2011/2012. The City received and appropriately addressed all complaints received by the City's Storm Water Hotline, the City website, and other City departments. Industrial and Commercial Component During 2011/2012 the City met the Municipal Permit requirement to inspect at least 25 percent of the City's industrial and commercial inventory, including 100 percent of its high threat to water quality (TTWQ) sites. During the inspections conducted in 2011/2012, the City reminded industrial and commercial businesses of the City's BMP requirements through the City's inspection program. Inspectors also assessed each facility's compliance with the General Industrial Permit (Industrial Permit). The City also continued to collect additional data to assess the pollutant discharge potential at each site. Residential Component The City uses various methods to provide storm water education to its residents. Third grade students in local schools participated in the Storm Water Art Contest to provide art for the 2013 Storm Water Calendar. During 2011/2012, a special evaluation of multi- family residential complexes assessed pollutant discharge potential and BMP implementation, while providing educational materials to property managers. The City continued to collaborate with the cities of Chula Vista and Imperial Beach to encourage residents to dispose of household hazardous waste (HHW) appropriately at a facility available to the public. The City also continued to host large item waste disposal events in fall and spring, as well as respond to calls made to the City storm water hotline regarding residential areas. Illicit Discharge Detection and Elimination Component On September 10, 2008, the RWQCB adopted Addendum No. 2 to the Municipal Permit. This addendum requires the City to wait to submit the illicit discharge detection and elimination (IDDE) section of its JURMP Annual Report until the report for the 2012 Dry Weather Field Screening and Analytical Monitoring Program is finalized. The 2011/2012 section must be submitted to the RWQCB no later than December 15, 2012. Education Component As a means to raise storm water awareness in various communities in the City, the City continued to conduct education and outreach activities throughout 2011/2012. The City's efforts resulted in an estimated 29,539 impressions. The City distributed the 2012 Storm Water Program Calendar and also began development of the 2013 calendar. To better serve the City's diverse population the calendars present storm water concepts in English as well as Spanish, similar the City's many other bilingual educational materials. CITY OF NATIONAL CITY 2011/2012 JURMP ANNUAL REPORT PAGE ES-2 -2- Public Participation Component During 2011/2012, the City provided a variety of opportunities for individuals to participate in the City's storm water program. Activities included cleanup events, which have a direct effect on water quality, as well as outreach activities, through which the City works to increase general knowledge and awareness regarding storm water issues. Third grade students in local schools participated in the Storm Water Art Contest in May 2012 to provide art for the 2013 Storm Water Calendar. In addition, 592 volunteers participated in the Coastal Cleanup Day and Creek to Bay cleanups at two different sites in the City. Also, City residents continued to participate in routine large item and HHW waste disposal events. Fiscal Analysis Component The City continued to fund its storm water program as discussed in the City's JURMP. During 2009/2010, a fiscal analysis reporting template was developed collectively by the Copermittees. The City used this template to report the 2011/2012 program budget in this JURMP Annual Report. Effectiveness Assessment Component The City continued to evaluate the effectiveness of its storm water program based on the approach presented in the City's JURMP. The City has identified significant activities within each program component and metrics to assess each one. Standard tables to report this information have been created and included in Section 11 of this JURMP Annual Report. The City has seen some encouraging signs of the effect of its program, such as decreasing median concentrations of pollutants in runoff during its Dry Weather Field Screening and Analytical Monitoring Program (Dry Weather Monitoring Program) in recent years. Special Investigations The City continued its Clean Community Program which promotes shared responsibility within communities to keep National City and local receiving water bodies clean and free of pollution. The City also assessed pollutant discharge potential of industrial and commercial businesses; oil and grease, trash, oxygen -demanding substances, and bacteria had the highest average pollutant discharge potential scores. Conclusions and Recommendations The City will continue to implement the new and updated programs in its JURMP during 2012/2013; it is anticipated that some program refinements will be made as implementation progresses. The City will also continue to collaborate with the other Copermittees to improve the efficiency of its program. CITY OF NATIONAL CITY 2011/2012 JURMP ANNUAL REPORT PAGE ES-3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 16, 2012 AGENDA ITEM NO. 25 ITEM TITLE: Request to use Casa de Salud by Reiyukai America, a non-profit organization, for a "Reiyukai Family Day Festival" on November 11, 2012. The event is geared towards raising awareness of self - development, increase family values and respect for ones ancestors. The event will include family dance performances and testimonials. This event is open to the public and is free to all who attend. PREPARED BY: Joe Smith DEPARTMENT: Pu lic Wo s PHONE: 336-4587 APPROVED BY: ` �� EXPLANATION: Reiyukai America, a non-profit organization with offices in National City and Pasadena, is requesting use of Casa de Salud on November 11, 2012, for a total of 4'/z hours. Applicant is not requesting waiver of fees. Costs are as follows: Fees: Non-Waivable/Non-Refundable Fee Refundable Deposits: Hall Fee $ 105.53 Facility Use Fee $50.00 Cleaning $100.00 Custodial $ 105.00 Key Deposit: $100.00 Chairs/Tables $ 56.50 Total $200.00 Total $ 267.06 the total is $317.03 which includes the non-waivable/non-refundable fee and a refundable deposit of ;200.. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: The requested use is in accordance with Council Policy 805 pending council approval. Staff recommends payment of all fees described above. BOARD / COMMISSION RECOMMENDATION: n/a 1TTACHMENTS: =acility Use Application Letter from Reiyukai America Certificate of Insurance City Council Policy #805 Public Works Department 2100 Hoover Avenue National City, CA 91950 (619) 336-4580 Fax (619) 336-4594 www.nationalcityca.gov Applicant Information (Please be sure to print in blue or black ink) Today's Date: 10 / 01 / 1012 Name: Te H IRO 01311RA Organization: RF1YUkA 1 A MER1CA Address: 20 N. RAYMOND AVE. 200 City/ state/ zip: P1 AQFtJ(A _ CA. Q 1103 Phone: i9 a * 3S ` &O Contact: Please check all that apply: El Toyon Park _ Sweetwater Heights Park El Toyon Rec. Ctr. Casa De Salud -✓ Field / Facility / Park Requested Kimball Park Camacho Gym Kimball Rec. Ctr Kimball Senior Centro_ Las Palmas Park Pool Camacho Rec_ Ctr Nutrition -Center - NON E Audio & Visual Equipment Required? (Please Specify) Activity Please circle appropriate activity: Astrojump Meeting Room Athletic Field rental* Baseball* Football* Softball* Volleyball* Basketball* Tennis* Soccer* Picnic Swimming Other WU Fit EVENT *If reserved for league play, you must submit a team roster with addresses within 10 working days. Amount: Date Paid: / / Initials: Field / Facility Information Dates requested: (1 / 11 /20Jj to _IL/ 1) /20_12, ONE DAY 0 1.3 MX. Davis of the Week and Hours requested Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday From: 12:00 To: (630 i1t,S ga Total "749 number of participants at your event . 0 % of participants National City residents 1 Field / Facffitv Request Form Checklist Requesting Organization: REIYt 1.A 1 ! ME CIS Name: To* i t At A Date:1Q/J_/ % 2 Please initial all sections of this checklist: T.0 Field / Facility Request Form Hold Harmless / Indemnification TO Current Insurance Certificate Current Organization's Bylaws Current Audited Financial Statement Preliminary Roster Data Current Roster Data _Received Copy of City Council Policy 801 (By 2nd Game of Season) Public Property Use Hold Harmless and Indemnification Agreements Person's requesting use of City property, facilities or personal are required to provide a minirnwn of $1,000,000 Combined single litnit insurance for bodily injury and property damage which include the city, it's officials, agents And employees named as additional insured and to sign the Hold Harmless Agreement, Certificate of insurance must be attached to this Permit. 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 OfNational City and its officers, employees and agents from and against any and all -claims, demands, costs, losses, liability, or damages -for -any personal injury, death -or property damage- or both , or any litigation and other liability, including attorneys fees and the cost of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, employees or contractors. Signature: I have read and completed the above form to the best of my knowledge 10 / D/ / 20/ 2. Public Works Department Staff Use Only Verified By: Date: PRINT NAME Signature: _ FOR DEPARTMENT USE ONLY PARK DIVISION APPROVAL: YES NO DATE: / COMMUNITY SERVICES APPROVAL: YES NO DATE: / / NOTE; ALCOHOLIC BEVERAGES / SMOKING BANNED IN ALL FIELDS / FACILITIES/ PARK Revised 6/28/11 REIVURAI AMER/CA 20 North Raymond Ave Suite 200 Pasadena, CA 91103 Tel: (626) 356-8055 Fax: (626) 356-2493 Email: reiyukalusa©sbcglobal.net October 3, 2012 Mr. Joe Smith Director of Public Works City of National City 2100 Hoover Avenue National City, CA 91950 Re: Request for Permission to hold "Reiyukai Family Day Festival" at the Casa de Salud Recreation Center on Sunday, November 11, 2012 Dear Director Smith, Through this letter, I respectfully request permission for the use of the Casa de Salud Recreation Center on Sunday November 11, 2012 with the purpose to organize a community event named "Reiyukai Family Day Festival" from 1pntto- 3pm. As a non-profit Buddhist organization, ever since its foundation in 1972, Reiyukai America has been promoting activities to raise awareness of the importance of self -development by paying respect to one's family and ancestors. Reiyukai America has been part of the National City's community since early 1980's. Our address in National City is 3142 E. Plaza Blvd. Suite I. Today we live in a society where we hardly feel the connection and the bond of the family. A lack of family communication is everywhere. There are no days that we do not hear sad news about families breaking apart. Reiyukai America, as an organization that cares about others, through the event "Reiyukai Family Day Festival," would like to invite the community, the people who live in National City, and their friends and family to gather together to think about the importance of family unity. We believe that everyone f uui all backgrounds, cultures, and beliefs can benefit item a strong family unity, and that the ripples that begin from the few will spread out to the rest of the community. The event would consist of watching family dance performances, listening to inspirational speeches with the theme of family, and a recitation of a letter addressed to a parent. There will be absolutely no cost to attend this event and any person can come celebrate the family bonding experience together with us. Light snacks will also be provided to the guests as well. In order to make this event open to public, we are planning to contact several local newspapers such as The Star News and the Mabuhay News to advertise our event. Ref: 2012-055 Reiyukai America P2 Ref:2012-055 For your reference, I am attaching last year's flyer and photos for the event that we hosted in the same venue in April 2011. I sincerely hope you grant us permission to organize the event and allow us to bring a positive message to the community! Please do not hesitate contacting me if there is any necessity to provide extra information. Lastly, I thank you very much for your kind attention and your support. Yours respectfully, Toshiro Obara Vice President /General Manager Reiyukai America REIYUKAI AMERICA 20 N. Raymond Ave, Suite 200 Pasadena, CA. 91103 Tel: 626.356.8055 Fax: 626.356.2493 E-mail: reiyukai.usa@sbcglobal.net Web: www.reiyukai-usa.org Care about others.. October, 2012 Reiyukai • International Non -Profit Organization, with its Head Quarters located in Tokyo, Japan • Founded in July 13, 1930 • Representations in more than 20 countries and regions with more than 4.5 million people as members to support its activities Reiyukai America Association • A California Non -Profit Organization filed under 501(C) (3) founded October 26, 1972 • More than 35 years supporting members within the United States Object • Encourage inner -self development without limiting its activities by race, nationality, religion or gender through an act of remembering and appreciating to our ancestors, thus generating change which allows us to relate positively with others for the benefit of our community • Work with the members of the group to find way to improve our community, society, country, and the world Directories • President/ Reiyukai North American Head Office's Bureau Chief Mr. Tomokazu Obara • Chairperson, Reiyukai America National Committee Mrs. Noriko Sotta • General Manager, Reiyukai America Mr. Toshiro Obara Offices • Main Office 20 N. Raymond Ave. Suite 200, Pasadena, CA 91103 te1:626-356-8055 • San Diego Office 3142 E. Plaza Blvd. Suite I, National City, CA 91950 te1:619-475-1680 Activities • Reiyukai Family Day Festival Reiyukai America proposes to celebrate a Family Day as an opportunity to be aware of how important it is to improve our inter -family relationship for the development of the society and ourselves. Through this activity, besides encouraging family harmony and communication, Reiyukai America transmits the feeling of appreciation to the parents and to the ancestors who transmitted the life stream to us to be here in this world. • Oriental Fusion Handcraft SM -Recycling Workshop A workshop to make elaborate omamental objects from discarded articles, principally milk cartons, using simple tools. Through its activities, Reiyukai America encourages everyone to become aware of their possibilities to change and develop and have a brighter and happier way of living. www.orientalfusionhandcraft.com • "Letter to my Parents",M Contest The participants write a letter dedicated to one or both parents in which they express their feelings, thoughts, and perspectives about family relationships and suggest ideas for development. The purposes are the following: 1) Offer a forum of expression for the youth creating a channel of communication between parents and children to improve their inter -family relationships 2) Find out through contest participation possible solutions to solve specific problems www.Iettertomyparents.com • Remembering National Heroes Reiyukai America joins the entire nation in observing Memorial Day to give appreciation to those who dedicated their lives. Through the participation into these events, Reiyukai America encourages to not only have the feelings of appreciation to the roots of our live, but also to the nation and those who sustained our roots. Members living in the Hawaii area also attend at the Pearl Harbor Memorial Ceremony every year. • Reiyukal America Disaster Relief Fund As one method to contribute for the creation of a better family, community, nation and the world, Reiyuk America operates a "Disaster Relief Fund." Whenever, there is a national disaster, the National Committee makes a decision to support the victims. Reiyukai Family Day Festival in San Diego Sunday, April 17, 2011 Reiyukai America 20 N. Raymond Ave, Ste 200 Pasadena, CA 91103 Tel: 626-356-8055 reiyukai.usa@sbcglobal.net Ref: 2012-055 www.reiyukai-usa.org ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/13D/YYY1') 10/01/2012 PRODUCER Phone: (310) 217-8880 Fax: (310)217.5882 B. R. & Y. INSURANCE AGENCY, INC. 970 W. 190TH STREET, SUITE 590 TORRANCE CA 90502 Agency Uc#: 0675239 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED REIYUKAI AMERICA 20 N. RAYMOND AVE, SUITE 200 PASADENA CA 91103 INSURER A: Nipponkoa Ins. Co. Ltd. 27073 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INDICATED, NOTWITHSTANDING MAY BE ISSUED OR SUCH AND CONDITIONS OF INSR LTR ADM INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DDM9 POLICY EXPIRATION DATE (MM/DDM'I LIMITS A YES GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY JFMP421J9163 05/19/12 05/19/13 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES IEe eneurenm) $ 100,000 CLAIMS MADE X OCCUR MED. EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,000 POLICY 1--IJJEECOT n LOC $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ .-- BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA UABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER IMandetory in R yea d,Nodbe SPECIAL PROVISIONS COMPENSATION AND LIABILITY y / N I OTOTRVTiIMRS I IOTNER E.L EACH ACCIDENT $ EXCLUDED? ❑ E.L DISEASE -EA EMPLOYEE $ NH) under below -E.L DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS City of National City is hereby named as additional Insured. Re: Casa De Salud 1408 Harding Ave, National City, CA 91950-4429 CERTIFICATE HOLDER CANCELLATION City of National City Community Services Department 140 East 12th Street, Suite B National City, CA 91950 Attention: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IT'S AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE %":**1 Kos 1� 71FL •� ** ACORD 25 (2009/01) Certificate # 679 ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I CITY COUNCIL POLICY TITLE: FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE POLICY 805 OF KIMBALL SENIOR CENTER, CASA DE SALUD, AND RECREATION CENTERS NUMBER ADOPTED: September 16, 2008 AMENDED OR REVISED Purpose To establish a policy that defines appropriate facility usage and priorities and assigns responsibility for facility scheduling. Policy Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to Na- tional City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and. administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the approval of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. Facilities Available for Reservation: Kimball Senior Center Hall Kitchen Casa de Salud Center Hall Kitchen 2 Class Rooms (for separate rental) Kimball Recreation Center Hall Class room Camacho Recreation Center Class room Gymnasium El Toyon Recreation Center Hall City facilities shall not be used for private functions, commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. Related Policy Reference: National City "Facility Use Guidelines and Regulations for Kimball Senior, Casa de Salud, and Recreation Centers" CITY OF NATIONAL CITY FACILITY USE GUIDELINES AND REGULATIONS FOR KIMBALL SENIOR, CASA DE SALUD AND RECREATION CENTERS The Kimball Senior, Casa De Salud, and Recreation Centers are public facilities, owned by the citizenry of National City and administered for them by the City Council and the staff of the City of National City, for public use. City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE KIMBALL SENIOR, CASA DE SALUD, AND RECREATION CENTERS City of National City The Facility Use Guidelines and Regulations cover the use of the Kimball Senior, Casa de Salud, and Recreation Centers. If you are unable to locate the information you need in this document, please call us at (619) 336-4290. POLICY Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the approval of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the. City Council. Facilities Available for Reservation: 1. Kimball Senior Center - Hall - Kitchen 2. Casa de Salud Center - Hall - Kitchen - 2 Class Rooms (for separate rental) 3. Kimball Recreation Center - Hall - Class room 4. Camacho Recreation Center - Class room 2 - Gymnasium 5. El Toyon Recreation Center - Hall The City of National City is committed to the policy that all persons shall have access to its facilities without regard to race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. 3 GUIDELINES AND REGULATIONS TABLE OF CONTENTS CATEGORIES OF USE By Priority 6 Fees and Deposits 7 Exclusions 7 Applicant Eligibility 8 FACILITY RESERVATIONS 8 Termination of Approved Use 8 RATES 9 SPECIAL RATES 9 Non -Profit Organizations National City Senior Citizens' Organizations FEES AND DEPOSITS 9 Kitchen Deposit Cleaning Deposit Key Deposit FEES 9 Facility Use Fee PAYMENT 10 General Kitchen Cleaning Facility Use KEYS 11 SET-UP DIAGRAM 11 DECORATING .11 RESTROOMS 11 INDEMNIFICATION 11 4 INSURANCE 12 ALCOHOL REGULATIONS .12 SECURITY 12 SMOKING 12 FINANCIAL STATEMENT 12 LOAN OF FACILITY EQUIPMENT ..13 Non -Discrimination .13 CATEGORIES OF USE - BY PRIORITY Category Use Fees (Non- Resident) Fees (Residents) I. City Events organized or sponsored by the City. NA No Fees II. City employee groups for official meetings. For other than official meetings, functions will be classified by use. NA No Fees III. Educational Groups. Educational activities organized by any school located in National City+. Council Approved Rate Custodial Fees IV. Governmental Agencies Council Approved Rate Custodial Fees V. Civic Groups/Service Groups Council Approved Rate Custodial Fees VI. Advocacy. An individual, group, sponsors of a ballot proposition, etc. for advocacy purposes, candidate's forum or a ballot proposition(s) forum. Council Approved Rate Custodial Fees VII. Social Groups. National City Non-profit organizations, which are democratic in nature and organized for social purposes, with membership or participation, open to the general public. Note: A. National City organization is defined as one having National City residents predominate as officers of the organization, and with at least 70% of its active membership comprised of residents of the City of National City. A non-profit organization is one whose articles of incorporation as non-profit have been endorsed by the California Secretary of State, and who submits either a receipt for payment of current California taxes or a current exemption for the payment of these taxes by the State Franchise Tax Board. Council Approved Rate Custodial Fees VIII. Other. Proposed use not falling readily into one of the above use categories will require City Council approval. Council Approved Rate Custodial Fees Note: National City Resident Groups shall have priority over non-resident groups. Groups with 70% or more group members who reside in National City will be considered Resident Groups. CATEGORIES OF USE — FEES AND DEPOSITS Type Fees (Resident) Fees (Non- Resident) Kitchen Deposit Key Deposit Cleaning Deposit Facility Use Fee I. City Event No Fees NA None None None None H. City Employee Group Custodial fees NA None None None None III. Educational Group Custodial fees Council Approved Rate Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable IV. Government Agencies Custodial fees Council Approved Rate Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable V. Civic/Service Group Custodial fees Council Approved Rate Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VI. Advocacy Group Custodial fees Council Approved Rate Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VII. Social Group Custodial fees Council Approved Rate Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VIII. Other Custodial fees Council Approved Rate Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable Exclusions City facilities are not available for the following purposes: A) Private functions. B) Commercial purposes, for personal financial gain C) Fundraisers or 'for -profit' events. `For -profit examples include charging for attendance to an event, marketing "parties", and retail sales. D) Normally authorized groups sponsoring private usage (i.e., a service group sponsoring a members wedding). E) Although a special event use by a religious group may be appropriate repeated use (i.e., essentially using the City facility as a church/temple) would not be. 7 r) APPLICANT ELIGIBILITY When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone less than 21 years of age. Youth groups must have adult sponsors who guarantee observation of the regulations. A minimum of one adult per 28 people under the age of 18 is required at the activity. Any misrepresentation as to the nature of the use or activity to occur at a City Facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests and /or legal action. City facilities rented for exclusive use may not be used for advertising, solicitation of sales, posting of signs or distribution of pamphlets without written consent from the Director of Community Services. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City Facility for causes not directly related to the activity in progress. FACILITY RESERVATIONS Category I events take precedence over all other users at any time. Reservations will be accepted on a first -come -first -served basis. The schedule will remain tentative until 30 days before an event. At any time prior to 30 days before an event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an event, the schedule is locked in, and "bumping" (except for Category I) will not be permitted. The City reserves the right to cancel, reassign, or otherwise adjust reservations to comply with the demands of its own programs, community programs, or emergency requirements. TERMINATION OF APPROVED USE The applicant is responsible to ensure that participants are respectful of the facilities and equipment. The use of City facilities is a privilege and all requirements of City staff will be met expeditiously. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's of Fire Department's assistance as necessary to clear the premises. If this action is necessary, the using organization will have to explain its actions to the City Council, and obtain City Council authority to schedule any future events. 8 RATES Fees for use of City facilities are set forth in the Facility Use Application and must be paid in full at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The Community Services Director may, for sufficient reason, make exception to this clause, but in any event, payment must be received before the event occurs. Payment for the use of a City facility will be made payable to the 'City Of National City'. SPECIAL RATES: Non -Profit Organizations- Upon the approval of the Community Services Director, resident non-profit organizations or groups, which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as approved by the City Council. National City Senior Citizens' Organizations- A National City senior citizens' organization whose headquarters is in National City, whose officers are primarily National City residents, and 70% of whose membership is over 62 years of age, may be exempted from room rental fees, as approved by the City Council. FEES AND DEPOSITS Deposits must be made with a separate check. Deposits will be refunded following the return of the issued key (on the next business day) where no damage or loss has occurred and where no extra clean-up is required. In the event of damage, loss or extra clean-up, as determined by the Public Works Department, the deposit, or a portion of the deposit, will be forfeited and additional charges may be incurred. REFUNDABLE DEPOSITS: Kitchen Deposit in the amount of $60.00 is required, non-waivable and refundable upon city staff approval (see Item #2 below) Cleaning Deposit in the amount of $100.00 is required; non waivable and refundable upon city staff approval (See Item #3 below) Key Deposit in the amount of $100 is required; non waivable and refundable upon city staff approval (See "Keys" below) NON-REFUNDABLE FEE: Facility Use Fee in the amount of $50.00 is required for non-resident users. 9 PAYMENT 1. General At no time may the applicant extend the hours of the function. Failure to comply with this directive shall be grounds for denial of any future requests by the applicant. 2. Kitchen A non-waivable, non-refundable kitchen deposit is required in the amount of $60.00. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean, it will be cleaned by city staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional cleanup fee. Organizations must contact the Public Works Department at (619) 336-4580 to have the gas for the ovens turned on/off. Please give Public Works one -day advance notice. 3. Cleaning A Cleaning Deposit is required in the amount of $100.00. Premises should be left "broom -clean." Instances of lack of cleanliness or of physical damage will be corrected (or estimated) by the city, and the using group will be billed accordingly. If the facility is not left clean, it will be cleaned by City staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional clean up fee. The grounds and parking areas will be left clear of debris. Any required cleanup will be billed to the using group. 4. Facility Use Fee — (Non-residents) To help keep the facilities clean and in top operational condition, a non- refundable, non-waivable Facility Use Fee is required in the amount of $50.00. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs/replacement will be made by the City, and the using group will be billed accordingly and possibly forfeit future use of City facilities. KEYS A Key Deposit is required in the amount of $100.00. Facility keys must be picked up from the Community Services Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. keys should be returned in person to the Department as soon as possible. Prior to leaving the facility, please ensure all doors of the facility are locked and secured. • Also See "Key Deposit" Duplication of keys is not permitted! SET-UP DIAGRAM Organizations are required to submit a room diagram at least 10 business days in advance of the event. Groups are responsible for their own set up and will be required to return the facility back to it's original state at the end of use. DECORATING Use of glue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fire proof or of fire -retardant materials. Organizations must bring their own U.L approved extension cords. Decorating for an event is not permitted outside of the facility. RESTROOMS Organizations must request that restrooms remain unlocked during the course of the event. INDEMNIFICATION The applicant must complete the release, hold hainlless and indemnity agreement which releases the City and its Council, agents, servants, and/or employees, from any damages, claims, causes of action, injuries, or suits caused by any negligent or intentional act or resulting in liability or damage to any person's or the real and personal property of others by reason of the rental of the City's premises. 11 INSURANCE All groups are required to have insurance to protect the City from liability occasioned by their use of the facility. Insurance shall be written with only California admitted companies, which hold a current policy holder's alphabetic and financial size category rating of not less than "A VIII" according to the current Best's Key Rating Guide, or a company with equal financial stability that is approved by the City's Risk Manager. For Meetings, Dances or Dinners, Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence is required. The City of National City must be named as an additional insured pursuant to a separate endorsement, which must be provided with the certificate of insurance prior to the event. A "Hold Harmless" agreement must be executed by the organizer or sponsor of the event. Other activities will be considered on an individual basis. If alcohol is sold or served, Host Liquor or Liquor Liability insurance with minimum limits of $1,000,000 per occurrence must be provided, an additional insured on this coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate prior to the event. Insurance coverage may be obtained through the City under terms, conditions and rates applicable at the time. ALCOHOL REGULATIONS The use of alcohol is not permitted in our facilities. SECURITY Applicants may be required to provide licensed, uniformed and contracted security guards for each event at the rate of one (1) security guard for each 200 attendees, as determined by the Community Services Director after consultation with the Police Department. SMOKING Smoking is not permitted in any part of the facility. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. FINANCIAL STATEMENT All organizations must submit how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. 12 Any non-profit organization that uses a City facility more than six (6) times in a calendar year is required to submit a financial statement to the city and to provide a list of all board members and their home addresses. (Minute action 5/25/92). An EVENT FINANCIAL REPORT must be filed with the City within fifteen (15) days subsequent to the event by any organization charging admission or by any group using the facility for fund-raising purposes. A sign -in log of attendees, with addresses, may be required. LOAN OF FACILITY EQUIPMENT (Tables, Chairs, Electronic, Musical, or Kitchen Equipment) Normally, this type of equipment supporting a City facility is not available for "borrowing" or for use outside the facility. Any borrowing or renting of equipment will be with the express approval of the City Council and charged at current rates. If such a loan is requested, an appropriate rental fee will be recommended by City staff. NON-DISCRIMINATION The applicant hereby assures that all programs and activities implemented at City Facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's, race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. We Ask For Your Help! Although staff inspects our park sites and facilities on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Community Services Department at (619) 336-4290 during regular business hours. 13 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 16, 2012 AGENDA ITEM NO. 26 ITEM TITLE: Request from semi -pro football team "National City Bears" to charge admission for games under facility use permit (FUP) at El Toyon Multi -Use Field on 10/20/12, 11/3/12, and 11/10/12.. PREPARED BY: Miguel Diaz / Joe Smith DEPARTMENT: Public Works ( . PHONE: (619) 336-4364 APPROVED BY: `� EXPLANATION: This is a request from the semi -pro football team "National City Bears" to charge admission for their home football games at the El Toyon multi -use -field. In accordance with City Council Policy #801, no group will be granted use of a city recreational field or sports facility for profit without prior City Council approval. If City Council approves, any team that charges spectators admission or collects fees, will be assessed fess equivalent to 40% of their documented revenue and these fees must be paid to the City within two weeks after each event. National City Bears organization informed that ticket sales would be $10.00 for admission and children 12 years of age and under would be free. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS If appr ved, City of National City will be provided with 40% of total profit and documentation showing total rvenues for verification. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: If approved, staff recommends all conditions and requirements in accordance with City Council Policy # 801. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Facility Use Application Certificate of Liability Insurance By -Laws of California Football Alliance (CFA) Copy of Field Availability Hours for Dates Requested Public Works Department 2100 Hoover Avenue National City, CA 91950 (619) 336-4580 Fax (619) 336-4594 www.nationalcitvca.gov Applicant Information (Please be sure to print in blue or black ink) Today's Date: CR / 25 / l2 Name: Teta quo. Address: tL t13• ,Y It Organization: City/ State/ Zip: 141Z('AA GA1 ; t\5,7 Phone: trxA' 414'1/45Contact:US l Field / Facility / Park Requested Please check all that apply: El Toyon Park d Kimball Park _ Las Palmas Park Sweetwater Heights Park Camacho Gym Pool El Toyon Rec. Ctr._ Kimball Rec. Ctr Camacho Rec. Ctr Casa De Salud_ Kimball -Senior Centre Nutrition Center___ t L. Audio & Visual Equipment Required? (Please Specify) iir.,, dod k4sQ4t. Please circle appropriate activity: r Astrojump Meeting Room Athletic Field rental* Baseball* Football* Softball* Volleyball* Basketball* Tennis* Soccer* Picnic Swimming Other *If reserved for league play, you must submit a team roster with addresses within 10 working days. Amount: Date Paid: 1 / Initials: )wield / Facility Information Dates requested: le / 1' /20 02 to h 1 of the Week and Hours requested / lb /20 a o44 ,t6,9le • Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday From: 1-Qrr) 1 itrw, To : ely,-, A itrem Total number of participants at your event % of participants National City residents 3-lope Awl- id Field / Facility Request Form,Checklist Requesting Organization: C4 4C\ W I 0-t G41t"` Vri> Name: garrioNA Date: CA / / 4 R Please initial all sections of this checklist: V Field / Facility Request Form tlj Hold Harmless / Indemnification Pi Current Insurance Certificate Di Current Organization's Bylaws Current Audited Financial Statement Preliminary Roster Data Current Roster Data el Received Copy of City Council Policy 801 (By Zed Game of Season) Public Property Use Hold Harmless and Indemnification Agreements Person's requesting use of City property, facilities or personal are required to provide a minimum of $1,000,000 Combined single limit insurance for bodily injury and property damage which include the city, it's officials, agents And employees named as additional insured and to sign the Hold Harmless Agreement, Certificate of Insurance must be attached to this Permit As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City Of National City and its officers, employees and agents from and -against any-and.all claims, demands, costs, losses, liability, ordamages -for any -personal injury, death orproperty-damage, or both , or any litigation and other liability, including attorneys fees and the cost of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the pennitee or its agents, employees or contractors. I have read and completed the above form to the best of my knowledge Signature: Date: / / .3%Q Department of Public Works Staff Use Only Verified By: PAl / J/ Df `�4 m Date: 7 / 02 �' / a203 Z Signature: FOR DEPARTMENT U5E ONLY q PARK DIVISION APPROVAL: YES NO DATE: l / 1* / PUBLIC WORKS APPROVAL: YES , NO DATE: / / NOTE; ALCOHOLIC BEVERAGES / SMOKING BANNED IN ALL FIELDS / FACILITIES/ PARK RCVJsed 6/28/11 California Football Alliance (CFA) / National City Bears 140 W 16th Street National City, CA 91950 Tel: (619) 474-5300 Email: ncbears@nationalcitybears.com Games: — .1 . 20-Oct-12 vs Southbay Spartans Last Home Game Regular Season Set Up: 12pm / KO: 5pm / PGS:7pm 3-Nov-12 Play Offs Set Up: 12pm / KO: 6:30pm Division Play Offs 10-Nov-12 Division Championship Set Up: 12pm / KO: 6:30pm Practices: Tuesdays & Thursdays 7:00pm - 9:00pm (2hrs) Oct. 2,4,9,11,16,18,23,25,30 Nov. 1,6,8,13,15 Championship Game Nov 17th @ Whittier College G000 ... National City Bears !!! -'Tel: (619) 474-5300 Email: ncbears@nationalcitybears.com www.nationalcitvbears.com i ACORDTM ''C R R .;�� C - ` .. ¢, } � ��.. � +..}..h�s�,p.��Y_�°1^di. �«ssx.. A . �� �"9 «{ fa' •R''-• �. PRODUCER FOR SERVICE CALL: THIS v a- TE IS ISSUED AND CONFERS NO RIGHTS AS A MATTER OFUlFORMTtON ONLY UPON THE CERTIFICATE HOLDER, Frazier InsuranceAgency,Inc. THIS CERTIFICATE DOES COVERAGE AFFORDED 1SY NOT AM JD, EXTEND OR ALTER THE THE POLICIES BELOW P.O Sox 1250 Midlothian, VA. 23113 COMPANIES AFFORDING COVERAGE PH (804) 754-7610 FX (804) 754-7613 E-Mail IFmzierJrezierihsurance.com COMPANY Riverport insurance Company A INSURED Sports 8 Recreation Providers Assn. Risk Management, Inc. California Football AAiancelNational City Bears Company to 2799 E. Orange Grate Blvd. Pasadena, CA 91107 COMPANY c COMPANY D .M - 4. +ti P.:4. i h.Urge:, r1K ik z ':-�� -x*4, �e..+-sdp3 •^Je.�#'r.'�f' �ay. v'4d:IC�'a� .'3�YRi^"'^{ .. Af n > f. R .,• ` vi .S t �.n . i. y.vj .y'YY �Sy`y' l . '`� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW PERIOD INDICATED, NOTWITHSTANWIG ANY REQUIREMENT, TERM OR CONDITION WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE THE TERMS. EXCLUSIONS AND CONDrf1DNS OF SUCH POLICIES, LASTS SHOWN HAVE BEEN ISSUED TO THE INSURED NAMED AB FOR THE POLICY OF ANY CONTRACT OR OTHER DOCUMENT WMI RESPECT TO AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL . MAY HAVE BEEN REDUCED BY PAID CLAIMSCO LIIN TYPE OP INSURANCE POUCY EFFECTIVE OATS MMIVDIYT) ION N A jI POLTCY YY LIMITS POLICY NUMBER A GENERA. X UABILRY COSIMP CME DENDRAt LiAssire FLDG180312 2l2S1i2 1131113 12:01 AM GENERAL AGGREGATE $ 2,000,000.00 PRODUCTS-SONATTE AGE $ 2,000,000 00 1Cd w IM,UE {X occua OWNER'S IT CONTRACTOR'S PRDT ILEXUDFS ARHLETEC PERSONAL EAOY$JURY $ t,o00.00000 EACH °CCURMICE S 1,000,000.00 FIRE NINAGF.(Alf °wive) $ 300,000 00 HEO E7(PGAT OINp en) $ 5,000.00 AUrOYI>BILE .-I. =- } I UA81LrTY ANY AUTO M0LYNtG AUI OS At HIRED AUTCV NON OWNfrO AtJ1 OS coONBNESINGLE MN/ 5 a00ll Y WORT (Pa Eason) $SCHEDULED BODILY INJURY (PA midwd) $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AU TO AUTO °ALY EA ACCIDENT $ OTHER THAN AUTO DIR.Y: EACH ACCIDENT $ AGGREGATE $ EXCESS — LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ WWORKE 'SeRSCOMPENSATION EMPLOY' LAMM' TEO OR'' PAarNER EIIEartm ot,• .. MID J—INCL ---- EXCI ' �uccLutu 1i !I 1 EL EACH ANT $ EL. DISGASE - PDLICYLWR $ EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONyLOCA11ONSAEMry INNS POLICY DEDUCTIBLE: SOAR PER EACH BODILY INJURY OR PROPERTY DAMAGE CAM. Certificate Holder Is An Additional Insured, But Only As Respects The Operations Of The Named Inured. y�y �'aLL Py'. ��'S.KV t City of National City, its officers,BEFORE employees A ants g 1243 National City Blvd. National City, CA 91950 OH ANY a 1ThE ABOVE DE&CRiED POLICIESBE CANCELLED THE EXPIRATLON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Mel DAYS WREITEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO me LEFT, BUT FAILURE TO MAN. SUCH NOTICE SHALL IMPOSE i10 oaLLGATION OR LJABILTTY OF ANY LAND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, 1. AUTHORIZED REPRESENTATIVE Jan n W. Frazier j�y _ { g 1- .-. r.• ' thT CFA 2012 California Football Alliance (CFA) - developmental football program - the path to pro football - BY -LAWS ARTICLE I - Name and Mission Section 1: The name of this organization shall be the California Football Alliance - a minor league football program also known as CFA. Section 2: The California Football Alliance (CFA) is a not -for -profit organization with the purpose of developing a football program for young athletes, provide training and discipline have better opportunities and become responsible citizens in our communities. Section 3: The California Football Alliance (CFA) is an alliance of team members to develop a football program that will benefit young athletes to get to the next level in the sport of football by providing guidance and discipline to these athletes on and off the field to become responsible citizens and have a better quality of life! California Football Alliance (CFA) was founded on December 10, 2011 in the State of California by the following founding members: California Dolphins, California Tide, Central Coast Grizzlies, National City Bears, San Diego Thunder, and Southern California Smash. ARTICLE II - Membership Section 1: League Membership shall include all teams which are deemed in good standing by the Executive Board (EBoard) and those teams adhering to the CFA Bylaws, Articles of Incorporation, and CFA Rules and Regulations. 1-5 CFA 2012 Section 2: New teams must submit a completed application and an entry fee by the deadline set forth by the CFA. New applicants must conform to a boundary limit of not less than 10 miles of an existing team home field/facility. A simple majority approval from the CFA EBoard is needed to be accepted in the CFA. Section 3: The CFA shall consist of the principal owners of each member team or a designated representative with a written authorization from the team owner and approved by the CFA EBoard. A majority of the team members constitutes a quorum before any business shall be moved or passed. In absence of a quorum, no formal action shall be taken except to adjourn the meeting to a subsequent date. Each team member shall have two (2) representatives but shall only be entitled to one (1) vote per team member. Voting privileges occurs until the member has completed a full season in the CFA. Section 4: The league may include up to 24 teams with 4 divisions of 6 teams each division. Team Members must participate in the annual CFA Orientation set forth by the CFA. ARTICLE III — MEETINGS Section 1: California Football Alliance (CFA) shall have a regular meeting held each month. Time, date and venue shall be set. ATTENDANCE FOR ALL TEAM MEMBERS IS MANDATORY. Any changes in the meeting date, time or venue must be done with a minimum of seven (7) business days priorto the original meeting date and within a reasonable proximity of the original meeting place on the original meeting date. Any member who is absent at any meeting shall not have a vote. Section 2: Special Meetings: May be called at the discretion of the Chairman or Co -Chairman and disseminated to the EBoard at an agreed time, date, and place. Special meetings may be called only when business is deemed so urgent and needed to be addressed immediately and cannot wait until the next regularly scheduled meeting. In the event a special meeting is not practical, a vote on urgent issues may be done by phone or e- mail. An email communication must be generated to inform the members of the result and a vote has been reached. 2-5 CFA 2012 Section 3: Each team member shall have two (2) representatives with one (1) vote and one (1) spokesperson during the course of the meeting. Section 4: The Chairman of the Board preside the meetings by the California Football Alliance (CFA) under the guidance of the Robert's Rule of Order. The EBoard shall determine descending order of authority. ARTICLE IV — EXECUTIVE BOARD Section 1: The CFA Executive Board is responsible for overall policy and direction of the alliance. The Executive Board shall consist of the Chairman of the Board, Vice Chairman of the Board, Secretary; Treasurer, Board of Director -Marketing; Board of Director -Compliance & Board of Director -Projects; Board Member and shall serve for two (2) years without compensation other than reasonable expenses. Section 2: Duties and Responsibilities: a. Chairman: Shall preside over any and all CFA meetings and shall be responsible to the alliance and accountable to its members. b. Vice Chairman: Shall act as Chairman in the absence of the Chairman of the Board and shall be responsible to the alliance and accountable to the CFA. The Vice Chairman shall be responsible to oversee the rules and regulations of the football program of the CFA. c. Secretary: Shatl oversee the administrative aspect of the alliance and shall be responsible for keeping records of Board actions, including overseeing the taking of minutes at all board meetings, sending out meeting announcements, distributing copies of minutes and the agenda to each member, keep all approved minutes in a minute book, and assuring that records are maintained. d. Treasurer: Shall keep and maintain all financial records and provide monthly financial reports at the Board meeting. Shall chair the finance committee, assist in the preparation of the annual budget, help develop fundraising programs, and make financial information available to the Board, its members and the public. Implementation and collection of penalties and fines e. Board of Director -Marketing: Shall maintain, plan, and ensure compliance of the Ieague's football programs, and schedules. He shall be responsible in making representations to any membership and/or affiliation to any minor league football associations to strengthen the status of the CFA. 3-5 CFA 2012 f. Board of Director —Compliance: Shall maintain order in any and all league meetings according to Robert's Rule of Order. He shall be responsible to enforce the rules and regulations of the CFA and the rules of games of the CFA. g. Board of Director— Projects: Shall be responsible in CFA programs and projects such as the CFA Orientation held every third Saturday of April of each year and other programs as approved by the Executive Board. h. Board Member - : Shall be the general member of the board and shall be assist the EBoard in the Section 3: Resignation, Termination, and Absences Resignation from the Executive Board must be in writing and received by the Secretary of the Board. A member of the Executive Board may nominate a replacement to the vacancy and must receive a unanimous vote from the remaining members of the EBoard. A member of the EBoard may be removed from office for any and/or other reasons by a unanimous vote of the remaining members of the EBoard. A member of the EBoard who goes out of order (as per Robert's Rule of Order) during the meeting will face the following: 1st offense ($50.00) — fine ; 2"d offense — 30 days suspension plus a fine ($100.00) ; 3`d offense — removal from the EBoard. A member of the EBoard who missed three (3) meetings — shall be fined after the 2"d absence and shall be removed from the EBoard after the 3rd absence. An alternate representative from the team owner can vote as per a written (email and/or fax) authorization from the team owner prior to the scheduled meeting. ARTICLE V — GOVERNING BODY The Executive Board shall govern the California Football Alliance (CFA). The Executive Board are committed and dedicated to protect the integrity of the alliance at all times. ARTICLE VI — COMMITTEES Section 1: The Executive Board may create standing and special committees as needed. Section 2: Finance The Executive Board shall be the Finance Committee and the Treasurer shall be the Chairman and shall be responsible for developing and reviewing fiscal procedures and annual budget of the Alliance. The fiscal year shall be the calendar year. (Jan 1 Dec 31) 4-5 CFA 2012 ARTICLE VII —AMENDMENTS The California Football Alliance By -Laws may be amended by a majority vote of the Executive Board at any meeting, provided a copy of the proposed amendment(s) are provided to each member at least one (1) week prior to said meeting. The California Football Alliance By -Laws is approved, adopted, and signed this day : 02/01/12 in the State of California. Chairman of the Board Vice Chairman of the Board California Tide - Cornelius Harrell SoCal Smash —Juwan Hurd Secretary/Treasurer of the Board National City Bears — Ditas Yamane National City Bears - Carlos Mangonon Board of Director — Marketing San Diego Thunder — Derrick Johnson Board of Director —Compliance Board of Director — Projects California Dolphins - Andy Cruz / Estela Cruz Hollywood Stars — Jeff Devito End. 5-5 :00pmCITY :00prr.CITY 3:OOpm CITY Miguel Diaz 3;OOprn CITY 4:30pm NC BANDITS "'7 30p Yt::NC BEARS 00prij CITY $Opi i NC BANDITS 3C n*NC BEARS CITY NC BANDITS 3D iiINC BANDITS 3Obm NC BANDITS CITY NC BANDITS 3`04ipfIf;CITY ¢ 30pfr NC BANDITS 30t5NC BEARS CITY NC BANDITS NC BEARS ANC BANDITS ^`'NC BEARS =NC BANDITS S:00prtrCITY 8.00am NC Bandites 3:00pin'NC BEARS -8:00afr NC BANDITS 1t•*in SOCCER CENTRAL B OOa ri NC BANDITS • :100pm`NC BEARS 36 17 8:00am NC BANDITS :00am NC BANDITS 8 304 iSOCCER CENTRAL 11 12 7:20 AM 10/4/2012 7:20 AM CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 16, 2012 AGENDA ITEM NO. 27 ITEM TITLE: Staff Report: First Quarter of Fiscal Year 2012/2013 Budget Update PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: Please refer to attached staff report DEPARTMENT: Finance/Admin S ices APPROVED B FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this item ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept the staff report as presented BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report City Council Staff Report October 16, 2012 ITEM Staff Report: First Quarter of Fiscal Year 2012/2013 Budget Update BACKGROUND On June 19, 2012, staff presented to the City Council the fiscal year 2012/2013 budget for adoption. As part of the discussion, staff committed to coming back with quarterly reports on the status of the budget. With this item, staff brings forth a report of significant financial activities as well as a summary of General Fund expenditures and revenues for the first quarter of the 2012/2013 fiscal year. DISCUSSION Close Out of Fiscal Year 2011/2012 One of the major activities in the first quarter of the fiscal year is the closing of the books for the prior fiscal year. This effort has been particularly challenging this fiscal year in light of the dissolution of redevelopment. Staff has analyzed both expenditures and revenues in an effort to ensure that all were properly booked to the former redevelopment agency, the current successor agency or a City fund as appropriate. This effort is particularly important given the State of California Department of Finance's (DoF) on -going reviews of successor agencies for the purpose of identifying balances that the DoF considers to be in excess of what is needed to complete the wind down on redevelopment. As such, it is essential to identify and properly record every transaction In staffs preliminary findings, the General Fund received 9.2% more in revenues than had been projected at the mid year point for fiscal year 2011/2012 with total expenditures at 10% below what was projected. The figures presented herein are preliminary, subject to finalization by the City's external auditor. Final numbers, which may change based on directed transfers, will be presented in the form of the Comprehensive Annual Financial Report (CAFR) presented by the auditor in or around December, 2012. The closing balance of one fiscal year becomes the opening balance for the new year. These preliminary figures provide an interim refinement of the City's opening balance as presented at the June, 2012 budget adoption for fiscal year 2012/2013. Page 2 Staff Report — First Quarter of Fiscal Year 2012/2013 Budget Update October 16, 2012 FY 11/12 Revenues Budget Projected* Actual %Budget vs. Actual Sales Tax $ 9,449,369 $ 9,910,824 $ 10,065,431 6.5% Prop D Tax $ 8,499,000 $ 9,052,000 $ 9,253,304 8.8% Property Tax $ 1,457,243 $ 1,508,472 $ 2,162,493 4.8% Property Tax in lieu of VLF $ 4,872,739 $ 4,931,254 $ 4,931,254 1.2% Property Tax in lieu of Sales Tax $ 3,235,456 $ 3,403,217 $ 3,403,217 5% Other Revenue $ 5,862,949 $ 6,807,779 $ 6,654,197 13.5% Total $ 33,376,756 $ 35,613,546 $ 36,469,896 9.2% *Based on mid -year projections While revenues were higher than projected in all of the major categories as outlined above, the most significant impact on revenues was a one-time distribution from the San Diego Unified Port District of $830,000 in support of the aquatics center project and $497,000 to the General Fund as a taxing entity from DoF. On July 12, 2012 the Successor Agency was required to remit to the state $4,272,832 determined to be a residual balance. The money was then distributed among taxing entities. In total, National City received $911,000 with $497,000 designated for the General Fund. Given that the City of National City and the Successor Agency are active participants in a law suit contesting the demand payment, Finance staff is holding the entire $911,000 taxing entity payment to National City pending the outcome. Thus, those funds are not available for use at this time. FY 11/12 Expenditures 2011-12 FY Budget Projected Year End Actual* Actual % of Budget vs. Actual Personnel Services $ 27,128,364 $ 24,496,333 $ 23,987,937 12% Maintenance & Operations $ 11,349,377 $ 10,325,372 $ 10,777,129 5% Total $ 38,477,741 $ 34,821,705 $ 34,765,066 10% *Based on mid -year projections As noted in the table above, the most significant savings came from personnel costs. These savings resulted from City wide vacancies including vacancies in critical areas such as fire, police, and finance. These vacancies have either now been filled or in the process of being filled. As such, this level of salary savings is not projected to continue. Page 3 Staff Report — First Quarter of Fiscal Year 2012/2013 Budget Update October 16, 2012 First Quarter Fiscal Year 2012/2013 The first quarter of the fiscal year covers the period July 1 through September 30. During that three month period of the current fiscal year, the General Fund received initial distributions from multiple funding streams, including primary sources such as sales tax and property tax. Having recorded the revenues and expenditures through the end of the quarter, staff has made a comparison of said revenues and expenditures to the first quarter of the prior fiscal year. First Quarter Revenue Comparison Revenue Source First Qtr. FY 11/12 First Qtr. FY 12/13 Sales Tax $ 881,530 $ 1,132,118 Prop D Tax $ 829,376 $ 764,186 Property Tax $ 44,086 $ 40,223 Other Revenue $ 1,445,012 $ 587,236 Total $ 3,200,004 $ 2,523,763 As demonstrated in the table above, the most significant difference in comparing the first quarters of the current and prior fiscal year can be found in "other revenues". Consistent with the discussion above, that difference is attributed to the one-time revenue in the amount of $830,000 from the San Diego Unified Port District for the aquatics center project in the first quarter of the prior fiscal year. When the aquatics center funding is subtracted, the first quarter revenues for the current fiscal year actually exceed those of the prior year by $153,759. First Quarter Expenditure Comparison First Qtr. FY 11/12 First Qtr. FY 12/13 Percentage Personnel Services $ 5,332,741 $ 5,560,880 4% Maintenance & Operations $ 1,037,664 $ 828,350 (20%) Total $ 6,370,405 $ 6,389,230 In comparing first quarters, personnel expenses have increased slightly. The increase is attributed to multiple factors: contractually obligated cost of living adjustments, the filling of critical vacancies and the transfer of salaries from the former redevelopment agency to the general fund. Under the legislated terms of the dissolution of redevelopment, the successor agency is limited in the percentage of revenue that can be allocated for administrative expenses, including wages and benefits for support staff. The administrative allowance allocated for the National City Successor Agency is insufficient to cover the support staff wages and benefits previously attributed to the redevelopment agency. As such, those expenses are now included in the General Fund. CONCLUSION As discussed, the closing figures for fiscal year 2011/2012, while stronger than previously projected, these figures are subject to adjustment by the City's external auditor. In the meantime, Page 4 Staff Report — First Quarter of Fiscal Year 2012/2013 Budget Update October 16, 2012 at adoption of the fiscal year 2011/2012 budget, the City Council authorized staff to use up to $1.3 million in reserve funds to balance said budget. Based on the preliminary closing figures, the transfer has not been found to be necessary. Looking ahead through the end of fiscal year 2012/2013, while the opening balance appears to be positive as are the first quarter figures, it is too early in the year to project a surplus. Staff will return to City Council with a mid year report at which time there will be more data upon which to base a closing projection. If at such time a surplus is projected, staff will likely recommend applying any such surplus to reserves. Factors facing the City of National City that will lead to that likely recommendation include the following: • On March 14, 2012, the Ca1PERS Board of Administration approved a recommendation to lower the Ca1PERS discount rate assumption from 7.75% to 7.5%. The result of the change in assumption will be an increase in employer contribution rates. The rate increase will be phased in. One-third of total amortization payment will be payable by public agency employers such as the City of National City in fiscal year 2013/2014. The remaining two-thirds will be paid over the remaining nineteen years of the twenty year amortization period. For fiscal year 2013/2014 the increase is estimated to be 0.65% of payroll for miscellaneous employees and 1 % of payroll for fire and police safety employees. • By Council Policy, the City maintains a series of reserves. Because of on -going fiscal constraints in recent years, the full funding of reserves has been difficult. Staff will be reviewing current reserve levels as well as the inventory of deferred maintenance and deferred equipment replacement which may result in recommendations in these areas. • Discussions are still underway with the Unified Port District related to the Port's payment to the City for Fire and Police service on Port lands in National City. It is yet to be determined how the ultimate outcome of the discussions will impact the General Fund budget. • The County of San Diego is embarking on a project to upgrade the regional communication system network. The cost of the upgrade will be shared by the user agencies. The estimated cost to the City of National City is $2 million. Preliminary information indicates that the project could begin as early as this fiscal year or the next. • The Proposition D, District Sales Tax is set to expire in 2016. As demonstrated by the revenue figures contained in this report, the District Sales Tax continues to be vital in meeting the City's expenditures. Consistent with previous years, absent the District Sales Tax, the City would not have met its obligations in fiscal year 2011/2012. That trend is expected to continue. As such, it is imperative to reserve any surplus in preparation for 2016. Page 5 Staff Report — First Quarter of Fiscal Year 2012/2013 Budget Update October 16, 2012 RECOMMENDATION Accept the staff report. FISCAL IMPACT There is no fiscal impact associated with this item. ITEM #28 10/16/12 CLOSED SESSION REPORT (CITY ATTORNEY)