HomeMy WebLinkAboutDraft Agenda Packet - CC HA - 10-18-16AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
CALIFORNIA
NATIONAL CI S
INCORPORATED
RON MORRISON
Mayor
JERRY CANO
Vice Mayor
ALBERT MENDIVIL
Councilmember
MONA RIOS
Councilmember
ALEJANDRA SOTELO-SOLIS
Councilmember
1243 National City Blvd.
National City
619-336-4240
Meeting agendas and
minutes available on web
WWW.NATIONALCITYCA. GOV
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CALIFORNIA
TUESDAY, OCTOBER 18, 2016 - 6:00 PM
ORDER OF BUSINESS: Public sessions of all Regular Meetings of the
City Council / Community Development Commission - Housing
Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on
the first and third Tuesday of each month. Public Hearings begin at
6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m.
or such other time as noted. If a workshop is scheduled, the subject
and time of the workshop will appear on the agenda. The Mayor and
Council members also sit as the Chairperson and Members of the
Board of the Community Development Commission (CDC).
REPORTS: All open session agenda items and reports as well as all
documents and writings distributed to the Elected Body less than 72
hours prior to the meeting, are available for review at the entry to the
Council Chambers. Regular Meetings of the Elected Body are webcast
and archived on the City's website www.nationalcityca.gov.
PUBLIC COMMENTS: Prior to the Business portion of the agenda, the
Elected Body will receive public comments regarding any matters
within the jurisdiction of the City and/or the Community Development
Commission. Members of the public may also address any item on the
agenda at the time the item is considered by the Elected Body.
Persons who wish to address the Elected Body are requested to fill out
a "Request to Speak" form available at the entrance to the City Council
Chambers, and turn in the completed form to the City Clerk. The Mayor
or Chairperson will separately call for testimony of those persons who
have turned in a "Request to Speak" form. If you wish to speak, please
step to the podium at the appropriate time and state your name and
address (optional) for the record. The time limit established for public
testimony is three minutes per speaker unless a different time limit is
announced. Speakers are encouraged to be brief. The Mayor or
Chairperson may limit the length of comments due to the number of
persons wishing to speak or if comments become repetitious or
irrelevant.
WRITTEN AGENDA: With limited exceptions, the Elected Body may
take action only upon items appearing on the written agenda. Items
not appearing on the agenda must be brought back on a subsequent
agenda unless they are of a demonstrated emergency or urgent
nature, and the need to take action on such items arose after the
agenda was posted.
CONSENT CALENDAR: Consent calendar items involve matters
which are of a routine or noncontroversial nature. All consent 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
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the agenda and separately considered, upon request of a
Councilmember, a staff member, or a member of the public.
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 Elected Body Meetings. Audio headphones are available
in the lobby at the beginning of the meeting.
Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos
estan disponibles en el pasillo al principio de la junta.
COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY
COUNCIL MEETINGS.
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OPEN TO THE PUBLIC
A. CITY COUNCIL
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT)
PROCLAMATIONS
1. Proclaiming October 16 through October 22, 2016 as: Freedom from
Workplace Bullies Week.
AWARDS AND RECOGNITIONS
PRESENTATIONS
INTERVIEWS / APPOINTMENTS
2. Interviews and Appointments: Various Boards & Commissions - Current
Vacancy (Community and Police Relations Commission) and Expiring
Term (Port Commission). (City Clerk)
CONSENT CALENDAR
3. Motion of the City Council of the City of National City approving the
waiving of the reading of the text of the Ordinances considered at this
meeting and providing that such Ordinances shall be introduced and/or
adopted after a reading of the title only. (City Clerk)
4. Approval of the Minutes of the Regular Meeting of the City Council and
Community Development Commission - Housing Authority of the City of
National City of . (City Clerk)
5. Resolution of the City Council of the City of National City authorizing the
Mayor to execute an Agreement by and between the City of National City
and Financial Credit Network, Inc, to provide collection services for
delinquent accounts receivable for the City. (Finance)
6. Resolution of the City Council of the City of National City establishing
General Fund appropriations in the amount of $10,000 for a Sweetwater
Authority Grant to provide landscape design services for a Water
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Conservation Demonstration Garden in Kimball Park next to Paradise
Creek. (Engineering/Public Works)
Resolution of the City Council of the City of National City waiving the
formal bid process consistent with National City Municipal Code Section
2.60.260 regarding cooperative purchasing and authorizing the City
(Buyer) to piggyback the City of Encinitas RFP Contract #2012-01 for
Urban Forestry Maintenance Services to award a contract to West Coast
Arborists, Inc. (WCA) for tree trimming services in an amount not to
exceed $90,000. (Engineering/Public Works)
8. Resolution of the City Council of the City of National City, 1) awarding a
contract in the not -to -exceed amount of $99,759.00 to Portillo Concrete,
Inc. for the E. 16th Street and Grove Street Pedestrian Enhancements
Project, CIP No. 16-03; 2) authorizing a 15% contingency in the amount of
$14,963.85 for any unforeseen changes; and 3) authorizing the Mayor to
execute the contract. (Engineering/Public Works)
9. Resolution of the City Council of the City of National City authorizing the
appropriation of $70,000.00 in the Plaza Boulevard Widening CIP
expenditure account from Transportation Development Impact Fee (TDIF)
fund balance for construction of the Plaza Boulevard Widening Project.
(Engineering/Public Works)
10. Resolution of the City Council of the City of National City authorizing the
appropriation of $95,000.00 in the corresponding CIP expenditure
accounts for Kimball Park & El Toyon Park Improvements from Park
Development Impact Fee fund balance for construction of the Kimball Park
& El Toyon Park Improvements Project. (Engineering/Public Works)
11. Resolution of the City Council of the City of National City authorizing the
appropriation of $75,000 in the Traffic Monitoring CIP expenditure account
from General Fund fund balance to conduct Citywide Engineering & Traffic
Surveys to establish speed limits in accordance with Section 40802(a) of
the California Vehicle Code. (Engineering/Public Works)
12. Resolution of the City Council of the City of National City authorizing the
installation of a blue curb handicap parking space with sign in front of the
residence at 24 E. Division Street (TSC No. 2016-08). (Engineering/Public
Works)
13. Resolution of the City Council of the City of National City authorizing the
installation of a blue curb handicap parking space with sign in front of the
residence at 108 E. 5th Street (TSC No. 2016-09). (Engineering/Public
Works)
14. Investment transactions for the month ended August 31, 2016. (Finance)
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15. Warrant Register #11 for the period of 09/07/16 through 09/13/16 in the
amount of $1,970,029.42. (Finance)
16. Warrant Register #12 for the period of 09/14/16 through 09/20/16 in the
amount of $1,379,544.19. (Finance)
PUBLIC HEARINGS
ORDINANCES FOR INTRODUCTION
17. An Ordinance of the City Council of the City of National City amending
Title 10 of the National City Municipal Code to establish the City Council's
authority to govern the sale or use of alcoholic beverages in city -owned
buildings operated and controlled by third parties, within a public park,
through written agreements with the City. (City Manager)
18. An Ordinance of the City Council adding Chapter 10.14 to Title 10 of the
National City Municipal Code to Prohibit all Commercial Marijuana Activity
in the City of National City, Regulate the Cultivation of Recreational
Marijuana for Personal Use, and Regulate the Possession of Recreational
Marijuana in anticipation of Proposition 64, the Control, Regulate, and Tax
Adult Use of Marijuana Act ("AUMA"), passing on November 8, 2016.
(City Attorney)
19. An Urgency Ordinance of the City Council Pursuant to California
Government Code Sections 36934 and 36937 adding Chapter 10.14 to
Title 10 of the National City Municipal Code to Prohibit all Commercial
Marijuana Activity in the City of National City, Regulate the Cultivation of
Recreational Marijuana for Personal Use, and Regulate the Possession of
Recreational Marijuana in anticipation of Proposition 64, the Control,
Regulate, and Tax Adult Use of Marijuana Act ("AUMA"), passing on
November 8, 2016. (City Attorney)
ORDINANCES FOR ADOPTION
20. Ordinance repealing Chapter 10.18 (Beekeeping) and adding Chapter
8.34 to Title 8 of the National City Municipal Code to allow for beekeeping
in the City. (Applicant City -Initiated) (Case File 2016-05 A) (Planning)
NON CONSENT RESOLUTIONS
21. Resolution of the City Council of the City of National City 1) Authorizing
the City Manager to Negotiate an Agreement with the San Diego
Metropolitan Transit System to License and Regulate For -Hire Vehicles
Operating in the City of National City; 2) Authorizing the City Manager to
Negotiate an Agreement with the San Diego County Sheriffs Department
to Perform National City Business Tax License Checks of Operators
Applying for San Diego Metropolitan Transit System For -Hire Vehicle
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Permits; and 3) Authorizing Staff to Prepare Amendment(s) and/or
Repeal(s) of the National City Municipal Code Section(s) Applicable to
For -Hire Vehicle Businesses, as Necessary. (Finance)
22. Resolution of the City Council of the City of National City adopting
amendments to the City Council Policy Manual (Chapter 109, 110, 114).
(City Manager)
NEW BUSINESS
23. Temporary Use Permit — Padres Pedal the Cause sponsored by Pedal the
Cause on November 12, 2016 from 7:15 a.m. to 8:00 a.m. with no waiver
of fees. (Neighborhood Services)
24. Temporary Use Permit —Sweetest Ride Custom Car & Bike Show hosted
by Sweetwater Harley Davidson on October 22, 2016 from 10 a.m. to 3
p.m. at 3201 Hoover Avenue with no waiver of fees. (Neighborhood
Services)
25. Staff seeks City Council direction on the relocation of Christmas on Brick
Row to Kimball Park and a City sponsored synthetic ice skating rink for an
additional cost of $5,000. (Community Services)
B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY
PUBLIC HEARINGS- HOUSING AUTHORITY
CONSENT RESOLUTIONS- HOUSING AUTHORITY
NON CONSENT RESOLUTIONS- HOUSING AUTHORITY
NEW BUSINESS- HOUSING AUTHORITY
C. REPORTS
STAFF REPORTS
MAYOR AND CITY COUNCIL
CLOSED SESSION REPORT
ADJOURNMENT
Regular Meeting of the City Council and Community Development
Commission - Housing Authority of the City of National City - Tuesday -
November 1, 2016 - 6:00 p.m. - Council Chambers - National City,
California.
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City Council and Community Development Commission - Housing
Authority of the City of National City Meeting Schedule for the Period
January 3, 2017 through January 17, 2017:
January 03 - Dispense with Meeting
January 17 - Regular Meeting
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The following page(s) contain the backup material for Agenda Item: Proclaiming October
16 through October 22, 2016 as: Freedom from Workplace Bullies Week.
8 of 262
1
ectam
CALIFORNIA •.�
NATION C
ZtV
WHEREAS, the City of National City ha an Interest in promoting the
social and economic wail -being of its citizens. employees and
employers; and
WHEREAS, wail -being depends upon the existence of healthy and
n�productive
amgloyeas working in a safe sind ash ;_r: ;rSe work
WHEREAS, resz has documenk,d ilrn health
consequences for Individuate caused by exposure to abrasiwi and
hostile work environments; and
WHEREAS, abu¢Ive workenviron nerda atra cost ly for arripioysrs, with
consequences }r?PIudinsg rerticad productivity, abserrtetlem, turnover,
and injuries; and
WlI MBAS, pirAIr:rtfon from abusive wotk environments should apply
to every worker. ;and not be limited Io legally protected class statue
booed only on raco, color. gender,. national origin, aju. or dlsabIlity.
HOW TREREFoRE, SE iT PROCLAIMED, I, Ron Monitor) as mayor
of the City of Natianai GAy, byvilritre of the authority vested In me by the
City of tallonal City, afila the ix -Motet seal and together with the City
Council, do hereby pracl r 16, through Oct ohor22, 2016 as
FREEDOM FROM WORKPLACE 8UILLt; a WEEK
i, call upon all citizens of the City of National Clty to take a moment to
conurtend the California Healthy Workplace Advocates and the
Workplace Sullying Institute, which raises awareness of the impacts of,
and solutions for, workplace bullying In the U.S. and # =cout a ell
citizens to recognize this special observance.
Ron Morrison
Mayor
Homelike
Comber
ase".
Altertliitetelytt
Csioulleftegier
9 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 10
The following page(s) contain the backup material for Agenda Item: Interviews and
Appointments: Various Boards & Commissions - Current Vacancy (Community and
Police Relations Commission) and Expiring Term (Port Commission). (City Clerk)
10 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE:
Interviews and Appointments: Various Boards & Commissions - Current Vacancy (Community and
Police Relations Commission) and Expiring Term (Port Commission). (City Clerk)
PREPARED BY: Michael R. Dalla
PHONE: 619-336-4226
EXPLANATION:
See attached background report.
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
DEPARTMENT: City rk
APPROVED BY:
ORDINANCE: INTRODUCTION:
STAFF RECOMMENDATION:
lInterview and appoint as desired.
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Background Report
2. Applications
11 of 262
BOARDS & COMMISSIONS — CURRENT VACANCY (CPRC) and EXPIRING TERM
(Port Commission)
October 18, 2016
COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) (Appointing Authority: Mayor
subject to confirmation by City Council)
There is one unexpired term on the CPRC. There are three new applications (Lance Mirkin,
Coyote Moon and Derek Jones).
Name Interviewed
Lance Mirkin Yes
Coyote Moon Yes
Derek Jones No
PORT COMMISSIONER (Appointing Authority: City Council)
The term on National City's Port Commissioner, Robert "Dukie" Valderrama, expires on January
2, 2017. Commissioner Valderrama has requested that he be considered for re -appointment.
In accordance with provisions of the Maddy Act and City Council Policy #107, Notice of the
Vacancy has been publicly posted and advertised in the Union Tribune. Interested applicants
were asked to submit an application by noon on October 17th and to appear for an interview
before the City Council on October 18th.
At the time of agenda preparation, no applications had been received. It is recommended that
any applicants who apply by the deadline be interviewed and the City Council take action to
appoint or re -appoint as desired.
Re -appointment of Mr. Valderrama will require a 4/5 vote.
12 of 262
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY .BOARpsi commissigNs• AND 'COMIANITTEES
4,?4C1v Servite COrnmissfori Planniree Comernesion
,
COM MU* & Police Relations Commission* (CPRC) Public Art Oamrnittee*
Unity Board of Trustees Tridflo Safety Committee
Parks, Recreation & .Sertior Citizens Atvisory Board
Note: Applicents must be reskienh; of the CtO of Natienal City except for those marked by arc'
Applicants for the Community and Police Relations Commission must pass a crindnat
background check prior to appointment.
Name: -...4khr 4.614 m. E r
Home Address: be.41‘..e
Tel. ND,: /Alto- fig 7- 414L
Bushel's Affiliation: Title:
BUS hese Address: Tel. No.:
Length of Residence in National City: 21t1 San Diego County f Callfornia: i 9'
Educational Background; %A gb6CJI I Tim 1-44.96 Sc.405j tekittiv4. Stitt '
Kivea ez7 sl-hod,•1 Lew
Oocupational EXPertence:
„„el /
f
Professional or Technical Organ an Memberships:
Civic or Community Experience, Membership, or Previous Public Service Appoirdments:
Oct fit 0-04 fkAk, EI- rirq. ri44.1.4cLca,A, 14.A
Experience ar Special knowledge Pertaining to Area of Interest
Have you ever been convicted of a felony crime? No X.Yes: misdemeanor crime? No:AYes: if any convictions were expunged declosure is not required. Convictions are not necessarily
disqualifying, '
Please feel free to provide an explanation or information regarding yes answenTito abOve two qUeStOnt,
dp44-, / /t p
Date: p�,'/.6 Sign
r‘;
Please feel free to provide add oriel- information ar letters of anifirsetpieni.
Please return completed form to:
Office of the City Clerk
1243 National City Blvd, National City, CA 91950
Thank you for your interest in serving the City of National City.
* Residency .1ulremente may not apply
This cbcunierlis is Med as a public dociurnent
ReVise0 Datomber2015
13 of 262
Supolitmental .kocilicatitint
National City Community and Police Relations Commission
The National City Community and Police Relations Commission serves as an independent, unbiased
and impartial office that Is readily available to the public. It is an organization for the Improvement of
police and community relations and the facilitation .of disputes whenever •possible, it provides a forum
for citizens to voice theirconcerns, comment about police conduct, practices and policies and
irnproves communication between .citizensand the National City Police Department
The National City Community and Police Relations Commission:is empowered to receive andreview
complaints regarding National City Police Department Personnel for alleged misconduct, and to
recorrrmend appropriate changes of Police Department policies and procedures toward the goals of
safeguarding. the rights of persons and promoting higher standards of competency, efficiency and
justice In the provision of community policing services. -
A►ppiicants must be completely forthright and truthful during the application process. Applicants may
be disqualifiediri the background process as a result of dishonesty and/or purposely omitting
information regarding one's criminal history. Given the complexity of this Commission and itsduties,
it Is necessary to pass a criminal background check prier to appointment by City Council and/or
sweating In es Commissioner: Upon conditional appointment the Human Resources department will
contact you to schedule the criminal background process when, and it appropriate. It is important to
note that you fill out this application completely and honestly to the best of your abilities. Failure to
disclose your criminal history may result in disqualification, If a conviction has been expunged
disclosure Is not required.
Have you ever been convicted of a felony crime: No: ides:
Have you been convictedof a misdemeanor: No: Yes:
if any convictions were expunged disclosure is not"required.
Pleasefeel free to provide an explanation or Information regarding yes answers to the above two
questions.
There may be circumstances that could disqualify an applicant from the background process beyond
the listed crimes below. Each Incident Is evaluated in terms of the circumstances and facts
surrounding its occurrence and its degree of relevance to the position:
Disqualifying criteria for Community and Police Relations Commissioner
** See attached table
14 of 262
CITY OF NATIONAL .CITY
APPLICATION FOR APPOINTMENT
�-TO CITY BOARDS, COMMISSIONS, AND COMMJTTEES
V/jivi1 Service Commission !�'''Planhing Commission
1, Community & Police Relations Commission" (CPRC) ) ublic Art Committee*
V .ibrary Board of Trustees Traffic Safety Committee
Parks, Recreation•& Senior Citizens Advisory Board
Note: .Applicants must be residents of the City of National City except for those marked by an *
Applicants for the Community and Police Relations Commission must pass a tr-iminai
bacicground check prior to: appointment.
Name: �°0
Home Address: ' 2 ! 87146f-
Busineas Affiliation: 72 a Title:
Business Address: Tel. Na.:
Length of Residence in National City: ► \ Y San Diego County: tY- ifflrnia:
Educational Background: • 4. A. yyp 4 n daw_.5
Tel. No.: ‘79:5-0-53173
Occupational Experienoe: f S
�I9P!y y. f6(7Wi o ma I/
Professional or Technical Organization Memberships: ij
Civic or Community Experience, Membership, or Previous Public Service Appointments:
4-,-- � r6-f-n
Experience or Special Knowledge Pertaining to Area of Interest:
Have you ever be n convicted of a felony crime? No Yes: misdemeanor crime? No ,
� Yes:
if any convictions were expunged disclosure is not required. Convictions are not necessarily
disqualifying.
Please feel free to provide an explanation or information regarding yes answers to the above two
questions.
Date:
20 Signature:
Pi ase feel free to provide additional information or letters of endorsement.
Please return completed form to:
Office of the City Clerk
1243 National City Bind, National city, CA 91950
Thank you for your interest in serving the City of National City.
*Residency requirements may not apply
This documents is filed as a public documei
15 of 262
Revised: December 2015
Supplemental Application:
National City Community and Police Relations Commission
The National City Community and Police Relations Commission serves as an independent, unbiased
and impartial office that is readily available to the public. It is an organization for the improvement of
police and community relations and the facilitation of disputes whenever possible. It provides a forum
for citizens to voice their concerns, comment about police conduct, practices and policies and
improves communication between citizens and the National City Police Department
The National City Community and Police Relations Commission is empowered to receive and review
complaints regarding National City Police Department Personnel for alleged misconduct, and to
recommend appropriate changes of Police Department policies and procedures toward the goals of
safeguarding the rights of persons and promoting higher standards of competency, efficiency and
justice in the provision of community policing services.
Applicants must be completely forthright and truthful during the application process. Applicants may
be disqualified in the background process as a result of dishonesty and/or purposely omitting
information regarding one's criminal history. Given the complexity of this Commission and its duties,
it is necessary to pass a criminal background check prior to appointment by City Council and/or
swearing in as Commissioner. Upon conditional appointment the Human Resources department will
contact you to schedule the criminal background process when, and if appropriate. It is important to
note that you fill out this application completely and honestly to the best of your abilities. Failure to
disclose your criminal history may result in disqualification. If a conviction has been expunged
disclosure is not required.
Have you ever been convicted of a felony crime: No:,./ -Yes:
Have you been convicted of a misdemeanor: No: Yes:
If any convictions were expunged disclosure is not required.
Please feel free to provide an explanation or information regarding yes answers to the above two
q uestions.
There may be circumstances that could disqualify an applicant from the background process beyond
the listed crimes below. Each incident is evaluated in terms of the circumstances and facts
surrounding its occurrence and its degree of relevance to the position.
Disqualifying criteria for Community and Police Relations Commissioner:
** See attached table
16 of 262
Name:
Horne Address: /133 "E% Pit't dtristrwt (rj TeiNo
• Z. /9 F10727/,2
. .: -
Business Affiliation: 1144101A4L Cfn 0411 Title: r.t.‘.
Business Address: 343 /Welottit—C--ti - Tel No.: 336 Y$3'0
'Length of Residence in National City; "wirill5 S an Diego County: 36 California: 543
Educational Background: ()*..1=j rte.- Cyr
•PA;LPo0;crs tIte OTDietr-5-Pk., Ceti-
Occupational Experience: _Ci:f• SjerVt ee- 44- Lre_fa,S
ciTYPF,N0014
TOCITY CITY BOARDS, COMMiSSIONS, AND.CONIII/IfTTEgSCivi .
Seniice Commission • Planning Commission
X Community & Police Relations COnunissione (CPRC) — Public Art Comniittee*
tibnary Board of Trustees Traffic Safety Committee
- Parks, Recreation & Senior Citizens Advlsory Board'
Note: Applicants must be residents 011ie pity of National City except for those Marked by an •
Applicants fOr the Community and Police Relations Commission .must pass a criminal
•background check prior to appolgtnient.
epecr-ic r
3—orte_.1
/
Professiog or Technical Organilation Memberships: Lot 27g/li nfrti:mpt, (A'
1-1
Civic or Community Bqaerience, Membership, or Previous Public Servi Appointments:
..,briiailY13 re.avuoritV LArrr141Ccki'S r .(je
Experience or Sped iltncr edge Pertaining to of interest: Adipolk;, 10‘. AALcri ,ci,c7 2..2 yfoks
, -
Have you ev been convicted of a felony crime. No Ves misdemeanor crime? Noirt Yes:
If any convictions were expunged disclosure is not requiredconvictions are not necessarily
disquanfying.
Please feel free to provide an explanation or information regarding yes answers to the above two
questions.
Date: el-z7-4, Signature:
Please feel free to provide additional i ation or letters of endorsement.
•Please return completed forrn to:
Office of the City Clerk
1243 National City Blvd, National City, CA 91950
Thank you for your interest in serving the City of National City.
*Residency requirements may not apply.
This documents is fled as a public docu
Revised:. Detembei 2015
17 of 262
: Ustiatialionwntao,Avottroation:
Natkmal Citv COirmiiMitli arid Polito Relations .Ctmunission
The National City Community and Police Relations Commission serves as an independent, unbiased
and impartial office that Is readily available to the public. It is an organizafion for the improvement of
police and community relations and.the facilitation of disputes wheneverpossible. It provides a forum
for citizens to voice their concerns, comment about price conduct, practices and policies and
improves communication between citizens and the National Cfty'Police Department
The National City Community and Polk>a Relations Commission is empowered to receive and review
complaints regarding National City Police Department Personnel for alleged misconduct and to
recommend appropriate Changes of Police Department policies and procedures toward the goals of
safeguarding the rights of persons and promoting higher standards of competency, efficiency and
justice in the provision of community policing services.
Appkants must be completely forthright and truthful during the application process. Applicants may
be disqualified in the background process as a result of dishonesty andior purposely omitting
information regarding one's criminal history. Given the complexity of this Commission and its duties,
ft is necessary to pass a criminal background check prior to appointment by City Council and/or
swearing in as Commissioner. Upon conditional appointment the Human Resources department will
contact you to schedule the criminal background process when, and if appropriate. It is important to
note that you fill out this application completely and honestly to the best of your abilities. Failure to
disclose your criminal history may result in disqualification. If a conViction has been expunged
dWolosure is not required.
Have you ever been convicted of a felony crime: No
Have you been convicted of a •misdemeanor: No:A, Yes:
If any convictions were expunged disclosure is not required.
Please feel free to provide an explanation or information regarding yes answers to the above two
questions.
There may be circumstances that could disqualify an applicant fromthe background process beyond
the listed crimes below. Each incident is evaluated in terms of the circumstances and facts
surrounding its occurrence and its degree of relevance to the position.
Disqualifying criteria for Community and Police Relations Commissioner.
See attached table
18 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 19
The following page(s) contain the backup material for Agenda Item: Motion of the City
Council of the City of National City approving the waiving of the reading of the text of
the Ordinances considered at this meeting and providing that such Ordinances shall be
introduced and/or adopted after a reading of the title only. (City Clerk)
19 of 262
Item #
10/18/16
MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY APPROVING THE WAIVING OF THE READING OF THE
TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING
AND PROVIDING THAT SUCH ORDINANCES SHALL BE
INTRODUCED AND/OR ADOPTED AFTER A READING
OF THE TITLE ONLY.
(City Clerk)
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CC/CDC-HA Agenda
10/18/2016 — Page 21
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute an Agreement
by and between the City of National City and Financial Credit Network, Inc, to provide
collection services for delinquent accounts receivable for the
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AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
FINANCIAL CREDIT NETWORK, INC.
THIS AGREEMENT is entered into on this lst day of October, 2016, by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and FINANCIAL CREDIT
NETWORK, INC., (the "CONSULTANT"), a California corporation.
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide collection
services for delinquent accounts receivable for the City.
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. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on October 1, 2016. The duration of this Agreement is for the period of
October 1, 2016 through June 30, 2019. This Agreement may be extended by mutual agreement
upon the same terms and conditions for two (2) additional one (1) year terms.
3. SCOPE OF SERVICES. The CONSULTANT shall provide collection services
for delinquent account receivables. The CONSULTANT will perform services as set forth in the
attached Exhibit "A." The CONSULTANT shall not have full rights to accounts in that these
accounts are due to the CITY. CONSULTANT shall be able to pursue collections, as permitted
by applicable law, only on behalf of the CITY. CONSULTANT shall not have the authority to
accept a compromise or settlement on any account without written consent of the Director of
Finance, or designee. The CITY may establish parameters in which accounts may be setted by
CONSULTANT on CITY's behalf.
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 as specified in Exhibit "A"
to keep staff and City Council advised of the progress on the Project.
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The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services.
4. PROJECT COORDINATION AND SUPERVISION. The Director of Finance
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. Kris Davisson is hereby designated as the Project Director
for the CONSULTANT. The City reserves the right to perform periodic audits to ensure all
amounts collected are accurately reported and remitted. The Director of Finance, or designee,
shall be allowed access to CONSULTANT's debtor account information for the purpose of
generating recovery analysis reports or auditing files at any time.
5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT is contingent upon collection of moniesby the CONSULTANT, as permitted by
law, and shall be based on charges covering actual work performed in accordance with the fee
rates in the attached Exhibit "B." All monies due to the CONSULTANT shall be deducted from
collections received by the CONSULTANT; and the CONSULTANT shall submit a monthly
invoice to the City documenting amounts collected and fees deducted on all accounts.
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.
6. 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.
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.
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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.
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.
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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, including, but not limited to, the provisions of the federal Fair
Debt Collection Practices Act and California's Rosenthal Fair Debt Collection Practices Act, 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.
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
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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 14, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the 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, officials,
agents, employees, and volunteers 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 performance or other obligations under this Agreement; provided, however,
that this indemnification and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the City, its agents, officers, employees,
or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT
shall employ competent counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall survive the
termination of this Agreement for any alleged or actual omission, act, or negligence under this
Agreement that occurred during the term of this Agreement.
16. WORKERS' COMPENSATION. The 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
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all amendments thereto; and all similar State or federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, employees, and volunteers 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. IX 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,
employees, and volunteers as additional insureds, and a separate additional insured endorsement
shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy
shall name the CITY and its officers, agents, employees, and volunteers as additional insureds,
and a separate additional insured endorsement shall be provided. The general aggregate limit
must apply solely to this "project" or "location." The "project" or "location" should be noted
with specificity on an endorsement that shall be incorporated into the policy.
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, officials, 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.
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-VII
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
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"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, 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.
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
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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 7.
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:
To CITY:
To CONSULTANT:
Director of Finance
City of National City
1243 National City Boulevard
National City, CA 91950-4397
Kris Davisson, Vice President
Financial Credit Network, Inc.
1300 West Main Street
Visalia, CA 93292
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
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communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process, or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONSULTANT has a financial interest as defined in Government Code Section 87103. The
CONSULTANT represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
® If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall
obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 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.
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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. To the extent any exhibits or
schedules or provisions thereof conflict or are inconsistent with the terms and conditions
contained in this Agreement, the terms and conditions of this Agreement shall control.
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
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. Subcontractors or Subconsultants. The City is engaging the services of
the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract
any portion of the work, unless such subcontracting was part of the original proposal or is
allowed by the City in writing. In the event any portion of the work under this Agreement is
subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit
of and in favor of the City, both the insurance provisions in Section 17 and the indemnification
and hold harmless provision of Section 15 of this Agreement.
M. 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.
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[Signature Page to Follow]
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CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
FINANCIAL CREDIT NETWORK, INC.
(Corporation — signatures of two corporate officers required)
By:
(Name)
(Print)
(Title)
By:
(Name)
(Print)
(Title)
33 of 262
Exhibit A
FINANCIAL CREDIT NETWORK, INC.
SCOPE OF SERVICES
A. General Services: Financial Credit Network, Inc. ("FCN") shall provide collection
services for unpaid and delinquent accounts receivable for the City of National City ("City")
which includes:
1. administrative citations;
2. code enforcement citations;
3. business licenses;
4. false alarm billing;
5. property damage;
6. returned checks; and
7. miscellaneous receivables.
B. Specific Services: FCN shall perform the following specific services:
1. Accept automated or manual transfers of delinquent accounts information from the City or
City -authorized vendor's database (during which times FCN will work, at no additional cost,
with the City, and City software, to ensure accurate and timely transmission of data);
2. Perform a minimum of two written or telephone contacts for each account within sixty (60)
days of receipt of delinquent account information from the City;
3. Conduct skip tracing on delinquent accounts using tools provided by FCN;
4. Accrue interest on outstanding balances at a rate established by the City as authorized by the
National City Municipal Code or by resolution of the City Council of the City of National
City;
5. Provide consumer with multiple payment options;
6. Remit monies due to the City at least monthly, providing a detailed accounting of collections
less City -owed fees with each remittance;
7. Report, in accordance with all applicable federal and California laws, all uncollected
accounts pursued for collection by FCN for not less than 60 days to the major credit bureaus,
except for types of accounts excluded from reporting by the National City Director of
Finance ("Director");
8. In accordance with the Fair Credit Reporting Act, remove account notifications from all
affected bureaus at the request of the Director and provide a copy of the account notification
removal letter or form submitted to each bureau to the Director;
9. Provide on -going training and education opportunities and provide updates to City staff on
changes in state and federal laws related to credit and collections;
Page 1 of 3
34 of 262
Exhibit A
10. Meet at least annually with the Director and other City staff to review and discuss all services
and collection results;
11. Provide recommendations on how the City can reduce future bad debt;
12. Maintain accurate records of all correspondence, accounting records, banking records, and
other relative evidence for each assigned account for at least seven (7) years after termination
of the collection action and make said records available to the City for review upon request
by the Director of Finance, or designee.
C. Additional Collection Requirements:
1. The City reserves the right to withdraw a delinquent account from FCN at any time.
In such cases, FCN shall cease all collection and/or legal activities related to the account. If
an account is withdrawn prior to collection activity on the part of FCN, no fees shall be due.
2. The City requires FCN to exercise high ethical standards in its collection efforts. The FCN
shall conduct its collection business in a professional manner and shall not use tactics which
may be interpreted as harassment or as demeaning or that otherwise may reflect poorly on the
City's image. The City prohibits any collection enforcement procedures not consistent with
the City's requirements.
3. FCN shall make contacts with delinquent accountholders under FCN's name.
4. FCN shall instruct delinquent accountholders to submit payment to the collection agency.
Any payments received by the City directly from accountholders will be forwarded to FCN
for processing. FCN will be notified of any payment forwarded by the City. Funds received
by FCN must be maintained in a trust fund until remitted to the City and the collection fee
can be deducted at the time of remittance.
D. Reporting Requirements: FCN shall provide the City with the following reports:
1. Monthly status report detailing all its collection activities for the previous month that shall
include detailed accounting information, including:
a. original placed value of debt;
b. current value of debt;
c. amount(s) and date(s) of all payment(s) received;
d. interest charged;
e. charges waived;
f. balance due;
2. Invoices detailing collections received for the previous month, less all fees deducted (as set
forth in Exhibit B) shall be sent to the City on a monthly basis.
Page 2 of 3
35 of 262
Exhibit A
3. Period -to -date and fiscal year-to-date financial summary reports reflecting pertinent
information, such as receipts, total accounts receivable, net accounts receivable, and
collection percentage.
4. Annual report detailing the previous fiscal year's activities (July 1 through June 30),
including detailed listings of the following:
a. all accounts by type;
b. all accounts closed in the past year by type;
c. all activity by account in past year by account type; and
d. summary of those reports mentioned in subsections 3(a)-3(c)
5. Ad hoc reports upon the City's request.
6. Detailed and summarized aging report, upon the City's request.
E. Administrative Provisions:
1. FCN shall guarantee the confidentiality, security, and safety of all files, documents, computer
files, etc.
2. FCN shall not subcontract work covered by this Exhibit A, or the Agreement between the
City and FCN, without the prior written consent of the City.
Page 3 of 3
36 of 262
Exhibit B
FINANCIAL CREDIT NETWORK, INC.
RATES TO PERFORM COLLECTION
SERVICES
Fees for collections services for delinquent accounts receivable forwarded by the City of
National City ("City") to Financial Credit Network, Inc. ("FCN") are contingent upon collection
on said delinquent accounts receivable. Fees will be deducted from collections in accordance
with the following schedule:
Description Contingency Fee
Primary Placements for:
1. Administrative citations 24%
2. Business licenses 24%
3. False alarm billing 24%
4. Property damage 24%
5. Returned checks 24%
6. Miscellaneous receivables 24%
Court action for primary placements for all account types (if required) 34%
Transfer of account to an out -of -area agency for collection (forwarding) 34%
Franchise Tax Board Intercept Program finder's fee 8%
Future Primary Placements not enumerated in 1-6 in this Exhibit B 24%
Future court action for Primary Placements not enumerated
in 1-6 in this Exhibit B 34%
The City shall not incur any costs for collection services. All monies due to FCN shall be
deducted from collections by the Consultant; however, the City shall be invoiced for all fees
deducted on a monthly basis.
A detailed accounting of collections, less City -owed fees will accompany each remittance to the
City.
Additional fees may not be added to the principal amount of any debt to the City without prior
written approval from the City. Notwithstanding approval by the City, additions must be in
accordance with all applicable federal and state laws.
Page 1 of 1
37 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 38
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City establishing General Fund appropriations in the
amount of $10,000 for a Sweetwater Authority Grant to provide landscape design
services for a Water Conservation Demonstration Garden in Kimball Pa
38 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City establishing General Fund appropriations in
the amount of $10,000 for a Sweetwater Authority Grant to provide landscape design services for a
Water Conservation Demonstration Garden in Kimball Park next to Paradise Creek.
PREPARED BY: Stephen Manganieilo
PHONE: 619-336-4382
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
DEPARTMENT: Engineering/Public Works
APPROVED BY:
APPROVED:
APPROVED:
Revenue Account: 296-06192-3470
Expenditure Account: 296-409-500-598-6192 (Paradise Creek Water Conservation Garden)
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution establishing General Fund appropriations in the amount of $10,000 for a Sweetwater Authority Grant to
provide landscape design services for a Water Conservation Demonstration Garden in Kimball Park next to Paradise Creek.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. SWA Letter Agreement
3. Resolution
39 of 262
EXPLANATION
On May 25, 2016, the Governing Board of Sweetwater Authority (SWA) authorized
payment to the City of National City in a not to exceed amount of $10,000 to reimburse
the City for developing conceptual landscape designs with public art elements for a
Water Conservation Demonstration Garden in Kimball Park next to Paradise Creek. On
June 16, 2016, the City Manager executed the attached letter Agreement with SWA for
this initial phase of the project.
The City has contracted with A Reason to Survive (ARTS) and Kimley-Horn &
Associates to assist with development of the conceptual design and preliminary cost
estimates, which will be presented to SWA's Governing Board and City Council within
the next few months. SWA's Governing Board will then consider whether or not to
authorize funding for final design, engineering and construction.
Staff is requesting Council authorization to establish General Fund appropriations to pay
for design services up to $10,000, which will then be reimbursed by SWA consistent
with terms of the letter Agreement.
SWA Water Conservation Demonstration Garden in El Cajon, CA
40 of 262
SWEETWATER AUTHORITY
5C6 GARRETT AVENUE
POST OFFICE BOX 2328
CHU1A VISTA, CALIFORNIA 91912-2328
(619) 420-1413
FAX (619) 425.7469
hapJAvirm.sweetwaler.ol9
June 13, 2016
Kuna Muthusamy, P.E.
Assistant Director of Engineering & Publk Works
Engineering & Public Works Department
1243 National City Boulevard
National City, CA 919S0-4301
Re: Letter of Agreement for Landscape Design Services
Dear Mr. Muthusamy:
GOMERNhka BOARD
SWORD MAIM aaw
MUSA 'renF4w nitwits. vtce OMNI
s7Evsc,ArrrmEDA
.OFceDA
roSE PRECtAno
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OISINERAL ININA E i
ONNIPSRIA SAe+NE
ASSIMITGENERALNAuuiER
On May 25, 2016, the Governing Board of Sweetwater Authority authorized payment to the Clty of
National Clty (City) for conceptual landscape design services (See Attachment A). Sweetwater
Authority's (Authority) contribution will be used for actual costs incurred in an amount not to exceed
$10,000. In exchange for a sum not to exceed $10,000 the Clty will produce conceptual landscape
designs for a water conservation demonstration garden In the southerly portion of Kimball Park along
Paradise Creek in the area generally shown on Attachment B.
During the performance of this agreement, each Party agrees to protect save, defend and hold harmless
the other Party, and its Board and each member of the Board, directors, officers, agents, and employees
from any and all claims, liability, expenses, or damages of any nature, including attorneys' fees, arising
out of or In anyway connected with negligent acts, errors, or omissions, or willful misconduct
performance under this agreement by the other Party, its agents, officers employees, or Consultants.
However, neither Party shall be Indemnified hereunder for any loss, liability, damage, or expense
resulting from its sole negligence, willful misconduct or active negligence.
if you have any questions, please contac= me at (Q19) 409-6702. Please have an authorized agent of the
City sign belotw to stipulate agreement with this letter.
Sincerely,
94.1t4eyte- 14444
Jennler Sabine
Assistant General Manager
Approved by City:
tpl is 1 i+.
Signature Date
Print Name Tile
APublic WarrArmy
Sei uing National City, Mask Vista, and ontbal
41 of 262
Sweetivater Authority Governing Bawd Minutes - May 20, 2018 Pegs 5 of 10
fiscal year Work Plan results. Ms. Sabine responded that staff provided the results of the
first half of this fiscal year to the Board in January 2016, and will attempt to provide the full
year results as soon as practical following June 2018.
This was an information item only.
7 Local Water Conservation Demonstration Garden — Kimball Park, National City
(Finance and Personnel Committee Meeting of May 18, 2016, item 4,14.)
Recommendation: Authorize payment in the amount of $10,0040 to the City of
National City to develop conceptual plans for a local water conservation
demonstration garden at IGmball Park; and allocate $10,000 from the Expense
Contingency Fund.
Assistant General Manager Sabine stated that the Governing Board directed staff to
further pursue a partnership plan for a local water conservation demonstration garden with
the County of San Diego at the South Bay Regional Center adjacent to the Authority's
Administration Office and with the City of National City at the Kimball Park site. Staff is
continuing to pursue both partnership opportunities. The focus of this item is only regarding
the project with the City of National City (City). The City is currently implementing a project
to restore the Paradise Creek Channel along the southerly portion of Kimbaii Park. This
project provides an opportunity to incorporate a community water conservation
demonstration garden adjacent to the creek. The City has indicated that it requires $10,000
in order to provide a design plan for a garden that will help determine the cost of
constructing the garden and ongoing maintenance, Upon completing the plan, staff would
submit the final plan to the Board for review and approval prior to proceeding with the
project. Director Cerda stated he is concerned with this expenditure without having the
knowledge of future costs. Chair Zamudio stated that he understands that the $€10,000 is
for the development of a plan only, and that it would be provided to the Board for review
and approval before proceeding. Ms. Sabine confirmed this.
Direr Caetaaneda made a motion, seconded by Director Foreclado1 that the
C-overning Boa r4 authorize ca,vrnent in the amours of $10..000 to the Clt ^ of National City to
develop conceptuaLpians for a local water conservation demonstration pares at Kimbell
Park: aid allocate $10,000 from the Expense Contincencv Fund. The motion carried.
with Director Cerda opposing.
8. Review of Board Policy 511 (Prom and Personnel Committee Meethig of May 18, 2016, item
4.B.)
Recommendation: Maintain the Local Government Commission in the fist of
organizations in Policy 511, but revise the policy to state that a conference or
educational program curriculum shall be presented to the Board for review and
consideration for organizations that require per dlem approval for Directors'
attendance.
Director Preciado stated that he supports maintaining the Local Government
Commission as currently listed In Poky 511 as long as the agendas of any events are
provided to the Board in advance. Director Thomas asked for some additional items to be
addressed; however, Chair Zamudio responded that she needs to submit these to the
General Manager for future review by the Finance end Petsonnei Committee as they are
not related to the specific issue of this agenda item.
42 of 262
rn
N
co
c\J
O
CC/CDC-HA Agenda
10/18/2016 — Page 44
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City waiving the formal bid process consistent with
National City Municipal Code Section 2.60.260 regarding cooperative purchasing and
authorizing the City (Buyer) to piggyback the City of Encinitas R
44 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City waiving the formal bid process consistent with
National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City
(Buyer) to piggyback the City of Encinitas RFP Contract #2012-01 for Urban Forestry Maintenance Services to
award a contract to West Coast Arborists, Inc. (WCA) for tree trimming services in an amount not to exceed
$90,000.
PREPARED BY: Ray Roberson, Management Analyst II
PHONE: (619) 336-4583
EXPLANATION::
See attached.
DEPARTMENT: Engineering/Public Works
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: "'rt( Finance
ACCOUNT NO. APPROVED: MIS
105-416-227-299-0000 ($90,000)
ENVIRONMENTAL REVIEW:
NIA
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution authorizing the City (Buyer) to piggyback the City of Encinitas RFP Contract #2012-01 to award a
contract to West Coast Arborists, Inc. (WCA) for tree trimming services in an amount not to exceed $90,000.
BOARD / COMMISSION RECOMMENDATION:
NIA
ATTACHMENTS:
1. Explanation
2. City of Encinitas City RFP Contract #2012-01; Contract Extension; and Contract Amendment
3. Service Agreement
4. Resolution
45 of 262
EXPLANATION
In 2015, the City contracted with West Coast Arborist, Inc. (VVCA), a highly qualified and
reputable firm in the field of urban forestry, to assist with a backlog in work order
requests for tree trimming services. The City and WCA formed a strong working
partnership and WCA did an outstanding job in assisting the City's Park Maintenance
staff with alleviating the tree trimming work order backlog. In order to maintain the tree
trimming schedule established by the City's grid system, staff recommends entering into
a new agreement with WCA.
National City Municipal Code Section 2.60.260 provides authority to the purchasing
agent to join with other public jurisdictions to take advantage of cooperative purchasing
opportunities, including but not limited to any federal, state or local agency pricing
program or structure that is determined by the purchasing agent to allow a procurement
that is in the best interests of the City. The purchasing agent may buy directly from a
vendor at a price established through competitive bidding by another public agency
whose procedures have been determined by the purchasing agent to be in substantial
compliance with the City's procurement procedures, irrespective of the contracting limits
of that jurisdiction or agency, even if the City had not initially joined with that public
agency in the cooperative purchase.
National.City°s Purchasing staff has confirmed that the City of Encinitas Request for
Proposals (RFP) Contract #2012-01 Urban Forestry Maintenance Services with WCA
was competitively bid through an RFP process, and that the City of Encinitas'
procurement procedures are in substantial compliance with those of National City. On
October 16, 2012, the City of Encinitas entered into a three year agreement with WCA
for Urban Forest Maintenance Services. On July 23, 2015 the City of Encinitas
extended the contract with WCA through October 16, 2017. On June 15, 2016, the
contract was amended to adopt newly implemented Department of Industrial Relations
prevailing wage requirements.
Therefore, staff requests that City Council waive the formal bid process consistent with
National City Municipal Code Section 2.60.260 regarding cooperative purchasing and
authorize the City (Buyer) to piggyback the City of Encinitas RFP Contract #2012-01 for
Urban Forestry Maintenance Services to award a contract to WCA for tree trimming
services in an amount not to exceed $90,000. Services would be provided through
June 30, 2017.
46 of 262
CITY OF ENCINITAS
AGREEMENT TO PROVIDE SERVICES
THIS AGREEMENT is made and entered into as of the date of execution by the City of
Encinitas, a municipal corporation, hereinafter referred to as "CITY", and West Coast Arborists,
Inc., hereinafter refcrrd to as "PROVIDER".
RECITALS
The CITY requires professional assistance to provide the following services: URBAN
FORESTRY MAINTENANCE SERVICES.
PROVIDER represents itself as possessing the Necessary skills and qualifications to provide
the services required by the CITY;
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, the CITY and PROVIDER agree as follows:
1.0 CONTRACT DOCUMENTS
1,1 The complete Contract/Agreement includes all Contract Documents, to wit: the
Notice requesting Proposal, the Request For Proposals (RFP), the PROVIDER'S Proposal and
documents executed therewith, including the Workers' Compensation Certificate, the bonds
executed in connection herewith, Addenda, insurance certificates and endorsements and all official
papers and documents relating to the Work to be performed hereunder, the Scope of Work and all
modifications incorporated in these documents before their execution. These documents shall be
deemed and considered as forming a part of this Contract/Agreement as fully set forth herein and
whether or not attached hereto. Any and all obligations of CITY AND PROVIDER are fully set
forth and descried herein.
2k TERM OF AGREEMENT
2.1 Term. The term of the AGREEMENT is fora period of three (3) years, commencing
on the Execution Date, and terminating three (3) calendar years thereafter ("Termination Date"),
unless terminated earlier as set forth herein, or extended pursuant to Section 2.2 below.
2.2. Options to $xtend, Provided that the CITY is satisfied with PROVIDER'S
performance under this AGREEMENT and PROVIDER is in full compliance with the terms and
conditions of this AGREEMENT, the City shall have, in its sole and complete discretion, one (1)
option to extend the terms of this AGREEMENT for a two (2) year period, following the
Termination Date on the same terms and conditions set forth in this AGREEMENT, which may
be exercised by the CONTRACT OFFICER and executed by the CITY MANAGER and the
PROV DER prior to the expiration of the AGREEMENT. The total contract term may not
exceed five {5) years.
2.3 Contract Price_ PROVIDBt agrees not to raise prices for the first two (2) years of
the original term. Thereafter, the PROVIDER may request in writing no later than June 1, a unit
price increase not to exceed the current San Diego Area Consumers Price Index or 2,5% whichever
is greater. All price increases shall take effect July 1 of each year.
Urban Forestry Maintenance Services 1
RFP No, 2012.01
October 4, 2012
47 of 262
ORIGINAL CONTRACT
CITY OF ENCINITAS
AGREEMENT TO PROVIDE SERVICES
3.0 PROVIDER'S OBLIGATIONS (ATTACHMENT Al
3.1 PROVIDER shall provide the CITY with services described in ATTACHMENT A,
which is attached hereto, and incorporated herein as though fully set forth at length, collectively
hereinafter r fro c3 to as "SCOPE OF WORK.:
3.2 PROVIDER shall perfoita all work required io accomplish the "SCOPE OF
WORK" in conformity with the applicable requirements of law: Federal, State and Local.
3.3 PROVIDER is hired to render the "SCOPE OF WORK" and any payments made to
PROVIDER are compensation fully for such services.
3.4 PROVIDER shall maintain professional certifications as required in order to
properly comply with all City, State, and Federal law.
4.0 PAYMENT FOR SERVICES (ATTACHMENT B)
Payment to PROVIDER to render the SCOPE OF WORK hereunder shall be as set forth in
ATTACHMENT B, which is attached hereto and incorporated herein as though fully set forth at
length.
5.0 LISTING OF SUBCONTRACTORS (ATTACHMENT C)
5.1 If PROVIDER subcontracts for any of the work to be performed under this
AGREEMENT, PROVIDER shall be as fully responsible to the CTI'Y for the acts and omissions.
This includes, but is not limited to PROVIDER'S subcontractors and persons either directly or
indirectly employed by the subcontractors, as PROVIDER is for the acts and omissions of pemns
directly employed by PROVIDER. Nothing contained in the AGREEMENT shall create any
contractual relationship between any subcontractor of PROVIDER and the CITY. PROVIDER
shall bind every subcontractor to the terms of the AGREEMENT applicable to PROVIDER'S work
unless specifically noted to the contrary in the subcon' a►.t in question and approved in writing by
the CITY.
5.2 The name and location of the place of business of each subcontractor who will
perform work or labor or render service to the PROVIDER in performing this AGREEMENT are
contained in Attachment "CH which is attached hereto and incorporated herein as though fully set
forth at length.
6.0 EXTRA WORK
PROVIDER shall not perform work in excess of the "SCOPE OF WORK" without the
prior, written approval of the CITY. All requests for extra work shall be in writing and submitted to
the CITY for approval prior to the commencement of such work.
Urban Forestry Maintenance Services 2
RFP No. 2012-01
October 4, 2012
48 of 262
CITY OF ENCINITAS
AGREEMENT TO PROVIDE SERVICES
7.0 VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee of the CITY,
either before, during or after the execution of this AGREEMENT, shall effect or modify any of the
terms or obligations herein contained nor shall such verbal agreement or conversation entitle
PROVIDER to any additional payment whatsoever.
8.0 TERMINATION OF AGREEMENT
8.1 In the event of PROVIDER'S failure to prosecute, deliver, or perform the "SCOPE
OF WORK," the CITY may terminate this AGREEMENT by notifying PROVIDER by certified
mail of said termination. Thereupon, PROVIDER shall cease work immediately and within five (5)
working days: (I) assemble all documents owned by the CITY and in PROVIDER'S possession and
deliver said documents to the CITY and (2) place all work in progress in a safe and protected
condition, The City Manager of the CITY shall make a determination of the percentage of work,
which PROVIDER has performed, which is usable and of worth to the CITY. Based upon that
finding, the City shall determine any final payment due to PROVIDER.
8.2 This AGREEMENT may be terminated for convenience by either party in its
absolute and sole discretion, without cause, upon the giving of thirty (30) days written notice to the
other party. Prior to the 30th day following the giving of the notice, the PROVIDER shall; (1)
assemble the completed work product to date, and place it in order for proper filing and closing, and
deliver the document to the CITY; and (2) place all work -in -progress in a safe and protected
condition. The City Manager shall make the determination of the percentage of work, which
PROVIDER has performed, which is usable and of worth to the CITY. Based upon that finding, the
City shall determine any final payment due to PROVIDER.
COVENA ' i S AGAINST CONTINGENT FEES
PROVIDER warrants that it has not employed or retained any company or person, other
than a bona fide employee working for PROVIDER, to solicit or secure thin. AGREEMENT.
PROVIDER has not paid or agreed to pay any company or person, other than a bona fide employee,
any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or
resulting from, the award or making of this AGRFRMF?NT, For breach or violation of this
warranty, the CITY shall have the right to terminate this AGREEMENT without liability or, at the
ENCLOSED discretion to deduct from the AGREEMENT price or consideration, or otherwise
recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
10.0 OWNERSHIP OF DOCUMENTS
10.1 All plans, studies, sketches, drawings, reports and specifications as herein requiuncl
axe the property of the CITY, whether or not the CITY proceeds with the project for which such
documents are prepared.
10.2 If the CITY reuses these documents for any reason other than for the project for
which they are prepared, without PROVIDER'S prior written authorization, which shall not be
Urban Forestry Maintenance Services 3
RFP No. 2012-01
October 4, 2012
49 of 262
CITY OF ENCINITAS
AGREEMENT TO PROVIDE SERVICES
unreasonably withheld, the CITY waives any claim against PROVIDER for such unauthorized use.
The waiver will indemnify and hold PROVIDER harmless from any claim or liability for injury or
loss allegedly arising from the T. +ICL OSED unauthorized use of such documents.
I1." STATUS OF PROVIDER
PROVIDER shall perform the services pnavided for herein in a manner of PROVIDER'S
own choice, as an independent contractor and in pursuit of PROVIDER'S independent calling, and
not a; an employee of the CITY. PROVIDER shall be under control of the CITY only as to the
result to be accomplished and the personnel assigned to the project. However, PROVIDER shall
confer with CITY.
12.0 ASSIGNMENT Oi CONTRACT
PROVIDER is without right to and shall not assign this AGREEMENT or any part thereof
or any monies due hereunder without the prior express written consent of the CITY.
13.0 HOLD HARMLESS
13.1 PROVIDER agrees to indemnify and hold the CITY and its elected officials,
officers, employees and agents harmless from, and against any and all liabilities, claims,
demands, causes of action, losses, damages and costs. Including all costs of defense thereof,
arising out of, or in any manner connected directly or indirectly with, any acts or omissions of
PROVIDER or PROVIDER'S agents, employees, subcontractors, officials, officers or
representatives. PROVIDER'S obligation herein includes, but is not limited to, alleged defects in
the services delivered by PROVIDER. Upon demand, PROVIDER shall, at its own expense,
defend CITY and its elected officials, officers, employees and agents, from and against any and
all such Iabilities, alai ns, demands, causes of action, losses, damages and costs.
13.2 PROVIDER'S obligation herein does not extend to liabilities, claims, demands,
causes of action, losses, damages or coats that arise out of the City's intentional wrongful acts,
violations of law, or the City's sole active negligence.
14.0 INSURANCE
14.1 PROVIDER shall obtain, and during the term of this AGREEMENT shall maintain,
policies of liability, automobile liability, public liability, general liability and property damage
insurance from an insurance company authorized to be in business in the State of California. The
insurable amount shall not be less than one million dollars ($1,000,000) for each occurrence. The
insurance policies Anil provide that the policies shall remain in full force during the life of this
AGREEMENT and shall not be cancelled, terminated, or allowed to expire without thirty 30) days
prior written notice to the CITY from the insurance company.
14.2 The CITY shall be named as an additional insured on these policies.
Urban Forestry Maintenance Services 4 October 4, 2012
RFP No. 2012-01
50 of 262
CITY OF ENCINITAS
AGREEMENT TO PROVIDE SERVICES
14.3 Before PROVIDER shall employ any person or persons in the performance of the
AGREEMENT, PROVIDER shall procure a policy of Workers' Compensation Insurance as
required by the Labor Code of the State of California.
14.4 PROVIDER shall furnish certificates of said insurance to the CITY prior to
commencement of work under this AGREEMENT,
DISPUTES
15.1 If a dispute should arise regarding the performance of this AGREEMENT, the
following procedures shall be used to address any question of fact or interpretation not otherwise
settled by agreement between the parties. Such questions, if they become identified as part of a
dispute between persons operating under the provisions of the AGREEMENT, shall be reduced
to writing by the complaining party. A copy of such documented dispute shall be forwarded to
the other party involved along with recommend methods of resolution. The party receiving the
letter shall reply to the letter along with a recommended method of resolution within ten (10)
days of receipt of the letter.
15.2 If the dispute is not resolved, the aggrieved party shall send to the Enclosed City
Manager a letter outlining the dispute for Manager's resolution.
15.3 If the dispute remains unresolved and the parties have exhausted the procedures of
this section, the parties may then seek remedies available to them at law.
16.0 NOTICES
16.1 Any notices to be given under this AGREEMENT, or otherwise, shall be served by
certified mail.
16.2 For the purposes hereof, unless otherwise provided in writing by the parties
hereto, the address of CITY and the proper person to receive any notice on the Enclosed behalf
is:
City of Encinitas
Mark Hosford, Street Division Superintendent
160 Calle Magdalena
Encinitas, CA 92024
16.3 For the purposes hereof, unless otherwise provided in writing by the parties hereto,
the address of PROVIDER and the proper person to receive any notice on the PROVIDER'S behalf
is:
ii.e t Coast Atbori ata„ TAS , Atim: Patrick Mahoney
2200 E. Via Burton St.
Anaheim CA 92806
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CITY OF ENCINITAS
AGREEMENT TO PROVIDB SERVICES
17.0 laR1V":G a.
—......�_...��G`�',Itli.T+T`.3'ION O4 AWARENFxi CIF E'NiKICRAr7QN
RUCTS4 AND CONTRO . Al.:7.011e 1986
PROVIDER certifies that PROVIDER is aware of the reauir nents of the Immigration
Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with
these requirements. This is including but not limited, to verifying the eligibility for employment of
all agents, employees, subcontractors and consultants that are included in this AGRBEMENT.
PROVIDER:
CITY:
Wist Coast Mbo let. City of Eneinit4s
bY
S mature)
Prjgtripnt
(Title)
Attest:
City Cle . • fthe
Dated.: 10/ 1
10/19f 12
Date
of Encinitas
Urban Forestry Maintenance Services
RFP No. 2012--0I
by 1 D f rg,.
(Signature) 1 ate
City M2pager
(Title)
6 October 4, 2012
52 of 262
Scope of Work Attachment A
Protect Requirements
The requirement of this Contract [s to provide professional Urban Forestry Maintenance
Services for planting, pruning, trimming,'staking, raising, removal, disposal, stump grinding and
chipping, Inventorying, documenting and all other services required to maintain the City of Encinitas'
trees in a safe, attractive and overall healthy condition.
The City proposes to enter Into a Contract with a qualified Contractor who is proactive In their
work and can meet the requirements set forth In this proposal package. The Contractor will be
required to perform and complete the proposed Urban Forestry Maintenance Serviccu in a thorough
and professional manner, and to provide all labor, tools, equipment, materials and supplies
necessary to complete the work according to generally accepted International Society of
Arboriculture (ISA) practices and standards, and in a timely manner that will meet the City's
requirements. The successful proposer will be required to comply with all current prevailing wage
requirements as set forth In the Labor Code administered by the Department of industrial Relations.
There are two main program goals. First, the City requires an update to the current tree
inventory and database, which Includes updating and maintaining records throughout the term of the
Contract. Second, the City requires an annual tree maintenance program to support and develop its
Urban Forest. The following requirements are meant to meet these goals.
1. Tree inventory
A. Upon Contract award, the successful Proposer shall be required to provide a complete'
update of the City's tree inventory at no additional cost to the City and submit the completed
Inventory to the City within ninety (90) days of the Contract award. The Contractor shall
provide, at no additional cost to the City, software support to the City for the entire term of
the Contract. The Contractor shall provide the City with recommendations for tree
maintenance, recommended planting locations, and recommended removals. Failure to
meet and maintain the requirements for the computerized tree inventory system shall be
grounds for Immediate termination of the Contract.
1) Tree Software Program
The Contractor shall operate and maintain, at no additional cost to the City, an
computerized Internet based urban forestry management program that includes, but is
not limited to, municipal tree Inventory, ability to send online work requests for services,
work order tracking, work histories and the ability to update site specific tree data and
work records, Invoices tracking and Job balances, reports. value of the urban forest, GPS
accessibility, and various other computer information management system tools.
2) Record Keeping
The Contractor will provide, at no additional cost to the City, access to a record keeping
system consisting of a password protected Internet -driven tracking program and Internet -
based software program that allows the City to maintain information about Its tree
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Scope of Work Attachment A
population, including the description of each tree by spedes, height, diameter, work
history, and tree and planting site location. The program shall have the capability to
produce detailed listings of trees and site information, work histories, service request®,
summary reports and pictures of City tree species.
3) GPS
Since the City of Encinitas already has a tree inventory in GIS, the City's GIS Division will
provide the current tree inventory feature class (SQL table) to the contractor as a starting
point. This includes but is not limited to all publicly owned trees on street rights -of -way,
parks and open spaces such as medians, greenscspes, etc.
The contractor shall then track the maintenance and characteristic Information of the
trees In the City of Encinitas' tree Inventory feature class in ArcGIS version 10, Or, the
contractor shall incorporate the City's tree inventory FacllitylD field into their own
database, and Include x and y (let/long) fields necessary to map the trees in GIS.
For ongoing data maintenance, when a new tree is planted, the new tree site will be
added as a record to the tree inventory, end will include the latitude/longitude
coordinates (collected by the contractor using a Global Positioning System (GPS) device
with minimum sub -meter accuracy). Lat/long coordinates shall be included at the time a
new record is added, and will not be input at a later dale through a bulk update process.
Trees that are removed will not be deleted from the tree Inventory, but will be coded as
'vacant'.
At required intervals, the contractor shall provide an ArcGJS version 10 file or personal
geodatabase containing the updated tree feature class, which will be reconciled with the
City GIS tree inventory. Or, the contractor may provide an Excel spreadsheet or Access
database table containing updated Information that can be joined to the City's GIS tree
inventory based on FacilltylD. if the contractor provides their own updated tree Inventory
database to the City, there will he a one-tirne requirement to provide a data dictionary of
fields containing tree maintenance and tree characteristic information that corresponds to
similar fields in the Clty's GIS tree inventory, so that the City Is confident that 5oouret9
data synchronization/updating can occur.
S. Experience
The Contractor shall have at a minimum five (5) years experience in collecting tree
Inventories and developing inventory databases, Including an extensive program that
simplifies the management of the City's Urban Forest. The Contractor shall have developed
a complete and comprehensive computer software program in at least five (5) California
cities. The program should have specialized reports designed specifically for City
representatives' needs. The program should be developed based on the needs of the City
end allow the City to modify and structure the program to eddrass its specific needs. The
user-friendly program should allow customers to generate a variety of reports quickly.
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Scope of Work Attachment A
C. Training and Support
The Contractor shall provide, at no additional cost to the City, training and support on the
software system they provide for the entire term of the contract. Contractor shall provide
mining to designated City staff during the hours of 7:00 A.M. to 4:30 P.M. Monday through
Thursday. The Contractor shall be readily available by telephone or e-mail and shall respond
to the City's Inquiries in c, timely manner.
2. Annual Maintenance Program
A. Public Relation:
The Contractor shall endeavor to maintain good public relations at all times with the public.
All work shall be conducted in a manner which will cause the least passible Interference with
or annoyance to, the public.
B. Work Schedule
Upon Contract award, the successful proposer shall be required to submit a work schedule
based on the City's annual pruning requirements which is a systematic tree pruning program
composed of existing grid or per -designed districts that are pruned in their entirety on a set
schedule; removal & repraoement programs which consist of removing trees designated by
the City and replanting appropriate trees as replacements; and planting new appropriate
trees is areas where trees do not currently exists. The proposal shall include a
recommended annual work plan, daily work schedules, and personnel and vehicles that
would be required to complete the annual maintenance program. Depending on the City's
current and future program needs the scheduled work may require multiple crews to perform
concurrently within the same time constraints.
The Contractor is also required to provide service for treea prior to their regular and
scheduled trim cycle hi order to correct an immediate problem or concern as determined by
the City's Designated Representative. Such request(s) shallbe addressed and work
completed within two (2) weeks of notice by the City.
C. Work Hcurs and City Notification
The Contractor's working hours, for normal work, shall be limited to the hours between 7:00
AM and 4:30 PM Monday through Friday, excluding recognized holidays. Deviation from
normal working hours will not be allowed without prior authcrizatlon from the City's
designated representative. The Contractor shall notify the City's Designated Representative
no later than 8;00a,m. each morning they oro working in the City, The notification shall
inoludo what work is being done and where, the name of the onsite supervisor and his or her
direot phone number.
D. Emergency Response
The Contractor shall be responsible for responding to tree related emergency situations
during normal business hours, after-hours, weekends and holidays. The Contractor shall
have the capacity to deal with any tree related emergency situation ranging from limbs down
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Scope of Work Attachment A
on single trees to storm related damage that Involves a large number of trees requiring tie
commitment and focus of significant resources and staffing Wets for several days,
Response time and protocol during emergencies is critical to the City of Encinitas.
As part of this Contract, the Contractor shall be required to make the City of Encinitas their
priority client for responses during emergencies that cover the San Diego area.
1) Telephone responses by the Contractor to tree related emergency calls during normal
business hours and after-hours shall be made within (15) fifteen minutes of the Initial call.
2) The response time for a crew to arrive on -site for tree related emergencies during normal
business hours of operation is thirty (30) minutes.
3) The response time for a crew to arrive on -site for tree related emergencies outside of
normal business hours of operation is ninety (90) minutes.
Failure to meet these requirements may be cause for termination of the Contract.
E. Competent Supervisor and Project Manager
The Contractor shall have competent working supervisors at each jobsite at all times when
work Is being performed. Each supervisor must be capable of communicating effectively
both In written and oral English, and holding the necessary certifications or credentials as
described for that position. All supervisors must possess adequate technical background to
ensure that ail work is accomplished per provisions of this Contract.
Contractor Is required to have a competent Project Manager available by telephone on a
twenty-four (24) hour basis that is assigned to provide direct and prompt attention to
requests from the City for emergency and after-hours tree service requests.
F Qualified Staff
Contractor shall employ sufficient personnel qualified by reason of education, training and
experience to discharge the services agreed to be performed by Contractor. Contractor shall
provide service of the highest quality at all times, and personnel retained to perform this
service she!) be temperate, competent and otherwise fully qualified to fulfill the Contractor's
obligations wider tfhr► Contract.
G. Uniforms
Ail employees of Contractor performing cervices shall appear neat and well-groomed at ell
times and shall be dressed In clean, unaltered uniforms at no additional cost to the City, with
suitable company Identification. No portion of the uniform may be removed vehile working.
Employees not In uniform shaft be immediately removed from the work area. The Contractor
shall provide a standard uniform consisting of at least a collared shirt with buttons,
complimenting pants, a belt and boots appropriate to the work. All shirts, jackets or safety
vests shall be clearly marked with company Identification and the name of the employee
wearing the uniform In the field. Contractor employees shall wear orange safety vests when
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Scope of Work Attachment A
operating machinery andlor while working near moving traffic as required by any applicable
laws.
I, Knowledge, Skills and Abilities
The Contractor's employees shall be subject to the following minimum knowledge, skills,
abilities and requirements:
1) The proper license to operate equipment;
2) Ability to operate and maintain equipment in accordance with the manufacturer's
recommendations;
3) Mechanical ability to make required operator adjustments to the equipment being used;
4) Knowledgeable of safety regulations as they relate to tree care and traffic control;
5) First Aid Certifloation from a nationally recognized organization (minimum of one member
of each crew);
8) Ability to communicate orally and in writing in English; and,
7) Demonstrated knowledge of tree care and related operations.
ISA Standards
The Contractor shall deliver a level of quality that is compatible with International Society of
Arboriculture (ISA) standards, and standards and requirements described herein In providing
tree services compatible with standard practice that results in a neat, clean and attractive
appearance to trees and associated sites serviced under the terms of the Contract.
J. Clean Worksite
Upon completion of work on individual street segments that are under the Contract,
Contractor shall clean the work site and all grounds adjacent to the work area of all rubbish,
excess materials and equipment. All sections of the work area shall be left In a neat and
presentable condition. Gare should be taken to prevent spiilage on streets over which work
or hauling Is done, and any such spillage or debris deposited on street due to Contractor
operation shall be cleaned up immediately,
K. Equipment
1) Overnight parking of equipment, leaving unattended debris and staging of materials
on City streets will not be permitted, Waste bins shall be removed from Individual
street segments once the work has been completed.
2) Ali equipment used and ail maintenance practices employed shall be subject to the
Inspection of the City's designated representative and shall meet safety and functional
requirements described herein. All vehicles and equipment operating under This Contract
shall be properly marked with company identification. All equipment must be maintained
in a good state of repair. All safety guards shall be in place. No equipment shall leak oil
or fluids. Equipment drive belts and hoses shall be covered and In good repair and show
no sign of fraying. No equipment shall present any potential danger to the operator, co -
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workers, passing motorists or pedestrians. Failure to comply with this provision will be
cause to have the equipment removed from the job sits.
3) it is the Cnntreatnr's responsibility to maintain a sufficient inventory of equipment so as to
complete work as specified. An inventory of equipment shall be provided with proposal.
This Inventory shall include the brand name, mode! number, weight and capacities of all
equipment to be used in the performance of the Contract. All equipment Is to be
approved by the City prior to the start of the Contract. It Is the Contractors responsibility
to notify the City's designated representative of any change In the equipment inventory
during the performance of the Contract This nottficcation shall come In the form of an
updated equipment inventory list, presented In the form of a memo on dated company
Letterhead. Failure to comply with this provision will be grounds to remove the Contractor
from the Job site until such time as equipment Inventory discrepancies are addressed and
may be grounds to terminate the Contract.
L Disposal of Refuse and Debrias/Landtlll Diversion Requirement:
All vegetation and debris generated by the Contractor In the performance of the work shall
become the property of the Contractor and shall be removed from the work site promptly.
The Contractor shall dispose of all generated debris at no additional cost to City and shall, at
minimum, dispose of the material as is consistent with the requirements of AB 939. The
Contractor is encouraged to divert as much material as possible from the landfill, meeting or
exceeding the City's goal of seventy-five (75) percent diversion rate. It Is anticipated that
one -hundred (100) percent of the material from the work could be diverted, unless a
particular tree is diseased or not suitable for reuse.
M. Protecting the Urban Forest
if, at any term, the Contractor Is undear, on what course of action to follow In the field, the
Contractor shad! consult with the City's designated representative. The Contractor should
never proceed with an action that will result in the permanent disfigurement of the structure
or value of a tree. Contractors responsible for the disfigurement of tress shall be penalized
in en amount equal to the appraised value of the subject tree es determined by an
independent Consulting Arboriet.
N. Safety Requirements
The Contractor shall conduct all work outlined In the Contract In such a manner as to meet
all accepted standards for safe practices during the operation and to safely maintain stored
equipment, machines and materials or other hazards consequential or related to the work;
and agrees additionally to accept the sole responsibility for complying with all City, Couniy,
State or other legal requirements including, but limited to, full compliance with the terms of
the applicable OSHA, CAL. EPA Safety Orders and ANSI Z133.1 Safety Requirements for
Arboricultural Operations at all times so as to protect all person, including Contractor
employees, agents of the City, vendors, members of the public or others from foreseeable
injury or damage to their property.
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Scope of Work Attachment A
O. Traffic Control
The Contractor shall be responsible for traffic control and safety regulations as related to any
City, State or County requirements while working in the public right-of-way or on any City
project. The design and operation of work zone traffic controls must comply with US
Department of TranaportationiFederai highway Administrative guidelines and any City,
County or State supplements guidelines and/or regulations and laws. All operations will be
conducted by the Contractor to provide maximum safety for the public according to the most
mrwrt A,rlitinn of tin 1 dl.IC.TD (Manuel on Uniform Traffic Control Devices) end any Ca[ifomla
supplements to the MUCTO and any local regulations.
Where work Is in progress, each street shall be open to local traffic at all times unless prior
arrangements have been made and approved by the City s designated representative.
The Contractor shall display standardized warning slgnage when controlling traffio around
any area used for staging or working In any area that is subject to pedestrian or vehicular
traffic. At no time shall traffic be permitted to enter, or operations allowed to continue, In any
work zone that presents a dangerous conditions to pedestrian and/or vehicular traffic.
The Contractor may be required to submit a traffic control plan to the Engineering
Department as directed by the C1ty's designated representative.
P. Utility Coordination
The Contractor shall recognize the rights of utility companies within the public right -of- way or
on any City project and their need to maintain and repair their facilities. The Contractor shell
exercise due and proper care to prevent damage to utility facilities and to adjust schedules
when utility operations prevent the Contractor from maintenance during a specified time
frame. No additional compensation will be allowed for complying with these requirements.
Contractor shall notify the City's designated representative of any utility that is disturbed or
damaged and shall contact the appropriate utility to arrange for repair.
Q. Authority and inspections
1) The City's designated representatives shall, at all times, have access to the work and
shall be furnished with every reasonable facility for acquiring full knowledge with
respect to the progress, workmanship and characters of materials and equipment
used and employed In the work. Whenever the Contractor varies the period during
which work Is carried out, they shall give due notice to the City's designated
representative so that property access for inspection may be provided. Any
inspection of work shall not relive the Contractor of any obligations to fulfill the
Contract as prescribed. Any and all questions regarding the performance of the work
shall be directed to the City's designated representative.
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Scope of Work Attachment A
2) If It appears that the work to be done or any matter relative thereto is not sufficiently
detailed or explained by the specifications, the Contractor shall apply to the City's
designated representative for such further explanation as may be necessary and shall
conform to such ,explanattlon or interpretation as part of the Contract so far at may be
consistent with the intent of the original requirements.
3) All work shall be completed to the satisfaction of and under the supervision of the City's
designated representative. Failure to comply with any requirement contained herein may
result in suspension of work without time extension or termination of Contract.
inspection of work will be done by the City's designated representatvs, during the
performance of work or when deemed necessary.
4) If any portion of the work done under the Contract proves defective or not In accordance
with the requirements, and If the imperfection In the same Is not of sufficient magnitude
or importance to make the work dangerous or undesirable, the City's designated
representative shall have the right and authority to retain the work, but he/she may make
such deductions in the payment due the Contractor as may be just and reasonable.
Any work which Is defective or deficient in any of the requirements or specifications shall
be remedied or removed and replaced by the Contractor In an acceptable manner and
within a reasonable amount of time as determined by the City, at the Contractor's own
expense.
In any other case, a letter will be sent to Contractor noting deficiencies, and the
Contractor shall make a reasonable and good faith effort to correct the deficiencies within
a reasonable period of time not to exceed three (3) days from notification. After this time
period, if unacceptable conditions still exist, the City has the right to terminate tic
Contract or deduct payment ae is proportionately appropriate for non-compliance with the
requirements and specifications of the Contract.
R. Quantities/ Minor Modifications and/or Additional Work
The City reserves the right to Increase or decrease the quantity of any item(s) or portion(s) of
the work described In the reoulrementa or spedficat1ons or the proposal form or to omit
portions of the work so described as may be deemed necessary or expedient by the City's
designated representative and the Contractor shall agree not to claim or bring suit for
damages, whether for loss of profits or otherwise, on account of any decrease or omission of
any kind of work to be done. The City shall reduce the price accordingly. Alterations,
modifications or deviations from the work described in this document shall be subject to prior
written approval of the City. Any price adjustments shall be made by mutual consent of the
City and Contractor.
Should a change or extra work be found necessary by the City, all changes and extra work
shall be performed at the same unit price of any propose/ item listed. if the work is not listed
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Scope of Work Attachment A.
as a proposal item, the Contractor shall submit a fair cost for the work to be performed. A
change order authorization, in writing, will be issued by the City.
3. invoicing
Contractor shall be required to submit invoices on a monthly basis. Invoice format shall
Include but not be limited to the date the work took place, a list of each sheet that work took
place, the address of each Individual work site and the activity, the species and its current
condition, height, trunk diameter and canopy spread of each individual tree. Each invoice
shall Include an exact copy in electronic format that is compatible with the City's Tree
Inventory program. Failure to submit invoices in this format may result iri non-payment until
these requirements are met.
T Withholding Payment
The City may withhold payment to such extent as may be necessary to protect the City from
loss due to one or more of the following reasons:
1) Defective, unsatisfactory or inadequate work not corrected;
2) Claims filed, or reasonable evidence Indicating probable filing of claims;
3) Failure of the Contractor to make proper payments to subcontractors or for materials or
labor;
4) A reasonable doubt that the contract can be completed for the balance unpaid; and,
5) Damage that resulted from an incident involving property damage.
U. Stop Work
1) If the Contractor, after having officially commenced work on said Contract, should
discontinue work for any cause, he/she shall notify the City's Designated
Representative of the intent to do so, and shall further notify of the date for restariing
operations.
2) The City, at the discretion of the City's Designated Representative, may require the
Contractor to Stop Work if any condition presents an unreasonable liability to the
City, until such time as the condition is corrected to the satisfaction of the City.
V. Risk Management
Tree work Is a controlled task. At no time should work be performed so as to result in a
lass of control incident {e.g. free -falling large limbs or trunk sections, hinge cutting to avoid
use of ropes/hoisting equipment, lack of safety apparatus/equipment guards, improper
use/loading of equipment). Failure to maintain control at all times is dangerous and can
result In serious injury. A loss control incident will not be tolerated and may result In
termination of this Contract. The Contractor shall be responsible for mitigating any
damage related to a Toss of control incident.
W. Investigation
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Scope of Work Attachment A
Project Special Requirements
These project special requirements ars intended to further address the Urban Forestry
Maintenance Services program requirements and to the help the Contractor fully understand what is
needed to fulfill the Contract. Within this section are the descriptions and specifications for the
detailed services end materials which will be necessary to pr"oxides services under the Contract and
shall be Included in the base price of the proposal and shall not result in additional charges to the
City.
I. Clarification of Specifications
If any Proposer, prior to submitting their proposal should find any discrepancies andloromissions
from the requirements and specifications or other contract documents, or if they should be in
doubt as to the true meaning of any part thereof, they shall at once make a written request to the
City of Encinitas' designated representative for corrections, clarification, or Interpretation. The
person submitting such request shall be responsible for its prompt delivery.
In the event that the City of Encinitas' designated representative receives a request and it should
be found that certain essential Information la not clearly and fully set forth, or if the City discovers
errors, omissions, or points requiring clarification in these documents, a written addendum will be
mailed to each person to whom a set of RFP documents has bean delivered. The City will not be
responsible for any Instructions, explanations, or interpretations of the documents presented to
Proposers in any manner other than written addendum_
2. Work Quality & General Standards
All work as part of this contract shall comply with good arboreal practice for the particular species
of trees being worked on and shall be oonslstent wlth national standards. All trees being trimmed
wiii meet Pruning Standards as adopted by the international Society of Arboricuiture, andior
"Pruning Landscape Trees' by U.C. Agricultural Extension Service #AXT 288. The Contractor
shall also meet the requirements of the most current American National Standard Institute, Inc.,
"Safety Requirements for Tree Pruning, Trimming, Repair or Removal."
The City's Designated Representative shall determine If the Contractor has met all trimming
requirements and payment shall not be trade for trimming that is not in accordance with the
above standards. The Contractor shall be deemed in contract default, if they consistently fall to
comply with the contract standards.
The City of Encinitas has developed an Urban Forest Management Program Administrative
Manual, hereinafter referred to as The Manual. This Manual is available on the City's website
and will be used, where applicable, to ensure the Contractor meets the City's requirements for
Urban Forest Maintenance. Should a discrepancy between this contract, the national standards
for tree work or The Manual exist, the Contractor and the City's Designated Representative will
meet and resolve the discrepancy to the satisfaction of the City.
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Scope of Work Attachment A
No worker shall enter a fenced or otherwise secured area of private property without the consent
of the property owner.
3. Public Notoing
At least seventy-two hours (72) prior to the commencement of any non -emergency work at any
tree site, the Contractor shall notify the oocupant(s) of that property of the type of work that shallt
be performed and the anticipated duration of the work. In addition, the Contractor shall supply
and post standard signage at the site work at which work is to be performed, at least forty-eight
(48) hours in advance of work with the signage clearly stating what type of work is to be done
and what affect the work wilt have on parking availability at that particular site. The Contractor
may not use any material to affix signs to trees that may cause death or permanent damage to
the tree(s).
4. Tool Sanitation
On all trees, including palms, known or suspected to be diseased, pruning tools and out surfaces
shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between
trees where there Is danger of transmitting the disease on tools. Fresh solution shall be mixed
daily. Old solutions shall be disposed of through proper disposal methods. Dumping used or old
bleach solutions on the ground or down the storm drain and will result in severe penalties to the
Contractor and may result In the termination of this Contract
5. Wildlife protection
Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually
surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of
any type. [f a nest Is found and is determined to be active, there shall be no work of any type In
the tree in which the nest le found without the written permission of the Ciity's Designated
Representative. At no time shall any nest or wildlife be removed from Its location. In the event
tat wildlife !s accidentally displaced and needs assistance, the Contractor shall notify Animal
Control and/or the nearest appropriate animal rescue facility, as Identified In the Contractor's
submidel required herein regarding "Protection of Wildlife", shall be contacted for assistance.
B. Pre -inspection
Prior to the commencement of any work In the vicinity of any tree. the Contractor shall Identify
the location of utilities, irrigation components andlor any private property element(s) that could be
compromised by any work activity. if Identified, the Contractor shall take appropriate action to
protect same. If, during the course of pre -inspection, the Contractor identifies damage that exists
before the onset of work, the Contractor shall document the damages with photos and report
such damage to the Clty's Designates Representative prior to commencing work in that area. All
photo documentation shall have the time and date embedded. Any claim of damage that cannot
be refuted by photo -documentation and/or a written report to the City's Designated
Representative shall be considered the responsibility of the Contractor.
7. Setup, Operations, Equipment Staging
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Scope of Work Attachment A
The Contractor shall setup, operate and stage In a manner that presents the least amount of
disruption to residents, businesses, the public and traffic flow. Outside of an emergency
situation, at no time wl!{ multiple setups or equipment staging be allowed on both sides of a street
within the same block. Equipment shall never be stored or !eft unattended on a public street, City
facility or private property without prior authorization from the City's Designated Representative
or in the case of private property, owner of that property. The staging of equipment shall not be
exempt from the work hour restrictions defined herein.
S. !dentlfration and reporting of hazards
While performing work of any lyee, the tree worker should inspect for any obvious hazards
related to trees. All hazardous situations should be corrected or promptly reported to the City.
Any defective or weakened trees shall be reported to the City's Designated Representative.
Q. Cleanup of greenwaste & debris:
Limbs, logs or any other debris resulting from any tree operations shall be promptly and properly
removed. The work area shaii be kept safe at ail times until all operations are completed. Under
no circumstances shall the accumulation of brush, limbs, logs or other debris be allowed to pose
a hezard to the public. During production trimming end removals; debris shall be removed from
public rights of way and private property within one (1) hour of the completion of work on the tree
from which the debris was generated. All trimming activities shall cease Immediately if clean up
equipment ceases to function or is not available (e.g. loader, roll off equipment, staff). Street
rights -of -way shall riot be used to stage unattended debris generated during standard work
hours. All debris from tree operations shall be cleaned up each day before the work crew leaves
the site. All lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush,
branches, or other debris shall be removed from the site. Areas are to be left In a condition equal
to or better than that which existed prior to the commencement of tree operations. No material is
to be atiewed to enter any stor-rn drain. Ali brush generated from tree trimming operations shall
be recycled where practical.
A. Greenwaste Report:
Greenwaste that Is transported to an offsite facility for grinding into mulch'shell be
documented and submitted to the City's Designated Representative on a monthly basis.
Weight slips shall be required as proof of disposal and shall be included in the monthly
Greenwaste Report.
B. Wood Chips and/or Mulch:
1) Chips or mulch generated from trimming operations within the City may be dumped and
spread at a City designated site upon specific permission item the City's Designated
Re presentative.
C. Milling:
Urban Forestry Maintenance Services 13
RFP No. 2012-01
October 4, 2012
64 of 262
Scope of Work Attachment A
At the direction of the City's Designated Representative, large tree trunks, which
meet proper specifications, will be required to be milled into lumber suitable for use
in a variety of applications. Milled lumber shall be returned to the City at a cost to be
included in the bid proposal.
2) At the direction of the s Designated Representative, wood waste generated from tree
removals shall be chipped Into pure wood chips with an even uniform size, These chips
shall be dumped and spread in specified locations In the City.
10. Education and Outreach
Education Is an integral and primary element of the City's Urban Forest Management Program.
The Contractor is required to provide support to the City's education and outreach efforts at no
additional cost to the City. The Contractor is required to participate In the City's Arbor Day Event,
which is typically held in April or May each year, and will be required to provide additlo ial
education and outreach support to the City when requested.
11. Tree City USA:
The City of Encinitas is a designated as a "Tree City USA," as determined by the Arbor Day
Foundation. The Contractor will endeavor to provide support to the Clty to ensure the Clty
maintains this designation.
12. Cooperative Bidding:
Other Public agencies may be extended the opportunity to purchase off this proposal and
subsequent agreement if the successful vendor(s) and the City of Encinitas agree. The lack
of exception to this clause in vendor's response will be considered agreement. However, the
City �+f Encinitas is not en agent of, partner to or representative of these outside agencies
and is not obligate or liable for any action or debts that may arise out of such independently
negotiated "piggy -back" procurements.
Urbaa Forestry Maintenance Services 14
RFP No, 2012A L
October 4, 2012
65 of 262
Payment for Services Attachment B
The PROVIDER agrees to furnish all materials, supplies, equipment and/or services set forth
herein, subject to all conditions outlined in the Request For Proposal (RFP), at prices indicated
below. Ali applicable services Include cleanup and disposal.
Tree Planting — (per tree)
Tree planting includes tree, materials and planting costs.
15 Gallon (double staked per specs)
24 inch Box (double staked per specs)
36 inch Box (double staked per specs)
48 Inch Box
60 inch Box
Unit Price in Figures
$ 120.00
$ 200.00
$ 500.00
$ 1,000.00
$ 2,000.00
;Free Wete.rIng (per hour)
Watering of young trees, water truck/operator-per hour $ 60,00
Tree Pruning (by Grid/
Price per tree to Prune by Grid $ 44.00
Tree Pruning #per Service Reauests)
Full prune tree
0" - 6" Diameter Standard Height
7" - 12" Diameter Standard Height
13" - 18" Diameter Standard Height
19" - 24" Diameter Standard Height
25" - 30" Diameter Standard Height
31" - 36" Diameter Standard Height
3114 Diameter Standard Height
Crown Raise/Clearance Prune Hardwood tree
6" Diameter Standard Height
7" - 12" Diameter Standard Height
13" - 18" Diameter Standard Height
19" - 24" Diameter Standard Height
25"- SO" Diameter Standard Height
31° - 36" Diameter Standard Height
36"+ Diameter Standard Height
Palm Tree Tr;mminq,
Prune Date Palm (Phoenix spp.)
Clean Trunk for Date Palm (Phoenix spp.)
Prune Fen Pairn (Washingtonia spp.)
Clean Trunk for Fen Palen (Washingtonia spp.)
Prune all other Palm Species
$ 30.00
$ 60.00
$ 85,00
$ '115.00
$ 185.00
$ 250.00
$ 250.00
$ 20.00
$ 20,00
$50.00
$ 50.00
$ 50.00
$ 80.00
$ 80.00
$ 120.00
$ 30.00/Lineal Foot
$44.00
$ 10.00 1 Lineal Foot
$ 44.00
Urban Forestry Maintenance Services 1 October 4, 2012
RFP No. 2012-01
66 of 262
Payment for Services Attachment B
Tre@ Removaj— (per inch) Lldt Price inf igure
Tree and Stump removal per Inch trunk Diameter at Standard Height (DSH)
0" - 6" DSH $ 17.00
7' - 12' DSH $ 17.00
13" - 18' DSH $ 17.00
19" - 24' DSH $ 17.00
25" - 30" DSH $ 17.00
31' - 36" DSI•t $ 27.00
Over 36' DSH $ 27.00
Stump grinding per stump diameter inch at grade $ 7.00
Milling Cost -- (er boarcjoot)
Milling Lumber per Board Foot $ 7.00
Root Pruning — f per linear foot)
Per foot of roots pruned $ 10.00
Root Barrier installation — (per Meer foot)
Per foot of root barrier Installed $ 10.00
General Lebo/ Rates — (by hour)
Hourly rate for 1 Ground -person
Hourly rate for 1 Equipment Operator
Hourly rate for 1 Trimmer
eS i
Boom truck per eight (8) hour day to include a
chlp body, low decibel chipper, 1 trimmer, 2 ground persons
$ 60.00
$ 60.00
$ 80.00
$ 1,440.00
Specialty Pouament Day Rate — (per day)
Per eight (8) hour day $ 800,00
Emergency ServIces — (Der hour)
Fully equipped 3 parson crew called in for emergency service:
During normal business hours $ 184.00
After hours, weekends BJor holidays $ 210.00
Arborlst Reootta— (per hour) unit Price jn Figures
Cost per hour $ 100,00
GPS Tree Inventory — (per tree sitel
Cost per tree site $ 2.00
Urban Forestry Maintenance Services 2
RFT' No. 2012-01
October 4, 2012
67 of 262
Listing of Subcontractors Attachment C
Name Business Address Work Acfiivity
There are no subcontractors planned at this time.
Urban Forestry Maintenance Services
Ri' No. 2012-01
October4, 2012
68 of 262
EXTENSION TO THE CONTRACT BETWEEN THE CITY OF ENCINITAS
AND WEST COAST ARBORIST, INC.
This extension is made effective on the date executed by the City Manager for the City of
Encinitas and West Coast Arborist, Inc.
RECITALS
A. The City of Encinitas and West Coast Arborist, Inc.; entered into a Contract for a term
that began on October 16, 2012 and that ended on October 16, 2015.
B. Under the terms of the Contract, the City may extend the agreement one (1) additional
time for two (2) years.
C. Under the terms of the Contract, the Contractor may request a unit price increase not to
exceed the current San Diego Area Consumer Price Index or 2.5% whichever is greater
(attached).
D. The parties wish to extend the term of the Contract to October 16, 2017.
NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon, the
parties agree to amend the Contract as follows:
A. The Contract between the City o1 Encinitas and West Coast Arborist, Inc.; is extended
for a period of two (2) years and will now expire on October 16, 2017.
B. For the period of October 16, 2015, through October 15, 2017 the attached Price
Schedule contains updated unit costs that shall replace the costs shown in the Bid Schedule
attached to the original Contract.
Except as otherwise provided above, all the provisions of the Contract between the City of
Encinitas and West Coast Arborist, Inc.; effective October 16, 2015, shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have caused the Contract to be executed as follows:
BY:
Name: PA-r tt . iln,A-Rooirf
Title: P . 'st r €iJ r
West Coast Arborist, Inc.
West Coast Arborist, Inc.
RFP No. 2012-01
Dale
BY. + "= �+'1'`L- Dated:
City Manager
City of Encinitas
Approve 3'/as to form: Office of the City
Attorne
BY:
Dated: 7/2 1 r
July 14, 2015
69 of 262
CONTRACT EXTENSION
ry.
Imo'
Tree Care Prafrssinrii1ls Servrlrg Corrmunilrex 11'ho Care "'bout Tire
May 30, 2015
City of Encinitas
ATTN: Mark Hosford, Deputy Director of Public Works
160 Calle Magdalena
Encinitas, CA 92024
RE: Tree Maintenance Agreement
Dear Mr. Hosford,
r
www.WCAINC.com
With this contract year coming to a dose, West Coast Arborists, inc, would like to take a
moment to thank you and the City for another successful year. Together we have worked
diligently to ensure that our mutual goal of improving the City's urban forest Is being achieved
each day.
At this time, we would like to express our interest in continuing with the agreement for an
additional year with an increase in cost. Over the course of the year, the cost of operating has
continued to increase particularly in labor, Insurance, and fuel. For this reason, we are
respectfully requesting a cost adjustment of 1.3096 based on the Consumer Price Index (CPO for
the San Diego region. Attached for your review is our proposed Schedule of Compensation for
2015-2016.
Your consideration in this matter will be sincerely appreciated. Should you have any questions
or require additional information, please do not hesitate to call me at (800} 521-3714.
Sincerely,
i .1
ip
Victor M. Gonzalez
Vice President, Marketing
West Coast Arbori ts, Inc.
-'r1.7.t .''1.I ':.1(1.• fi17ri.5) I _17 I. .t Fr"u'1I-7. ,il. :i Jd5
70 of 262
Cltyof Encinitas
West Coast Arborists. Inc.
Price Schedule for Tree Maintenance Services 2015-241E
Line Item
Grid Tree Pruning
FuN prune 0.5
FuP prune 7.12'
FuN prune 13.18"
Full prune 19.24'
Full prune 25•a0'
Full prune 3I 36"
FuN prune over 36"
tlnit
Each
Each
Each
Each
Each
Each
Each
Each
Crown ralseJClearance prune 0.6' Each ; 5
Crown raise/Clearanceprune7.12 Each 5
Cruw+nralselClearanteprune l3-1B" Each ' : S
Crown raise/Clearance prime 19.24' Each $
Crownra1it/Clearance prune35.30" Each $
Clown raise/Clearance prune 31.35' Path { S
Crown raise/Clearance prune over 36" Each $
Palm Trimming f
Prune Date Palm 4Phoenlr spp,) Each t: 5
Clean Trunk for Date Palm IPhoenlx spp,l lineal Fool ' $
Prune Fan Palm IWashingtonia spp.j Each p $
Clean trunk for Fan Palm I Washingtonia Spp} Lineal: Foot e $
Prune all other Palmspecies Each i 5
Root Pruning and Installation of 12" root barrier Linear Foot . 5
Root Pruning and InstabatSon of 16" root barrier Linear Foot i 5
i
Crew Rental - Goundpersan Hourly , 5
Crew Rental - Equipment Operator Hourly; 5
t set° P.artal • Trimmer l+aur!y t e
Day Rate SenrIce Crew:6lir day, 3 men & Equip Oay 5
r
Tie,: & Stump Removal (Standard removal)
Removal 0.6" Per Irrdt $ 17.00 ; 5 17.20
Aemaval7-12" Per Iris �.' $ Irmo ; S 17.20
Removal 13.18' Per Inch • ; 5 17.00 5 1720
Aemoval 19.23' Per Inch i. 5 17.00 . 1 5 17.20
Removal 25-30' Per inch $ 17.00 ' $ 17.20
Removal3l-36" Per Inch . 0 5 27,00 ( , 5 27.35
Removal over 36" Per Inch S 27,00 . 5 27.35
Stump Only removal Perinch 1S 7,00 p 1 $ 7.10
Milling Cost Per 'Ward Foot ; S 7.00
.l
'r
Tire Planting
15-galon Each 5 120.00 i $ 121.55
•
24-inch box Each ! 5 200.00 r i 5 202.60
36lnch box Each i $ 500,00 1 $ 306.50
48•Irtdt box Each $ 1000,00 5 1,013,00
BO•Indt box Each S Imam)'' $ 1,013,00
Tree Watering Per tour l S 6066 r ', 5 00.75
k:'1
Specialty Equipment Day Rate Pen day Q ; $ 80000 $ 810.40
Emergency Crew (During business hours) Per Hour 5 180 00 ., i $ 182.35
Emergency Crew (After flours, weekends, holidays) Per Hour ` . 5 210.00 ; : $ 212.75
Certified Arborist Reports Per Hour •i i1: 5 1110,00 k 1 5 101.30
GPS Tree Inventory Per tree site t ,3 5 2.00 :L.. $ 2.00
. Current Prices 1
44005 *$
30.00 ` 5 30.40
60.00 } ; 5 60.75
65.00 J 5 16.10
115 00 ; 5 11650
165,0o I.. 5 117,40
250.00 ` 5 253,25
150 00 I , 5 253.25
k
k
20.00 5 20.25
2o,ao 5 20 25
saw5 50.65
50.005 50.65
50,00 f F $ 50 65
60.00 1,,i $ 81,00
80.00 15 $L00
'
320.00 '' 5 12L35
30.00 t . 5 30.40
44.00 j' $ 48,60
10.00 1 ' $ 10.10
44.00 f 15 44.55
10.00! a5 10.10
10.00 , 5 10.10
•
60.00 ' 5 60,75
60.00 ,' $ 50,75
60.00 15 50.75
1,440.00 1 5 1,4511,75
Proposed Prices
o4,SS
71 of 262
MEETING DATE: June 15, 2016
AGENDA l
City Council
PREPARED BY: Mark Hosford, Deputy DEPT. Glenn Pruim
Director DIRECTORS: Jim O'Grady
Michael Stauffer, Acting
Park Superintendent
DEPARTMENTS: Public Works
Parks and Recreation
SUBJECT:
CITY
MANAGER:
Karen P. Brust
CONTRACT WITH WEST COAST ARBORISTS, INC., NEW PREVAILING WAGE
REQUIREMENTS
RECOMMENDATION:
Authorize the City Manager, in coordination with the City Attorney, to approve a contract
amendment accepting a new Price Schedule with West Coast Arborists, Inc. for the remainder
of the current term, which expires on October 16, 2017.
STRATEGIC PLAN:
This item is applicable to the Strategic Plan elements of Transportation and Organizational
Effectiveness and Efficiency and their associated goals.
FISCAL CONSIDERATIONS:
Funding for contractual tree maintenance service is included in the approved FY 2015-16
operating budget and is distributed across multiple accounting divisions. The total fiscal impacts
associated with staff's recommendation for FY 2016-17 is $75,056 and has been included in the
revised budget as detailed below.
DIVISION
DESCRIPTION
ACCOUNT
APPROVED
FY 2015.16
BUDGET
AMOUNT
PROPOSED
FY 2016-17
BUDGET
AMOUNT
DIFFERENCE
Street
Maintenance
101 71630 432.2
$183, 172
$221,638
$33,466
Park Maintenance
101 80810 432.2
$73,800
$559,375
$15,575
Beach
Maintenance
101 80820 432.2
$5,330
$9,380
-$4,050
Community Center
Maintenance
101 80850 432.2
$15,450
$15,836
$386
Viilanitas
291 80880 432.2
$5,723
$5,896
$173
Cerro Street
292 80880 432.2
$6,234
$6,421
$187
3-03-1 S
72 of 262
CONTRACT AMENDMENT
DIVISION
DESCRIPTION
ACCOUNT
APPROVED
FY 2015-16
BUDGET
AMOUNT
PROPOSED
FY 2016-17
BUDGET
AMOUNT
DIFFERENCE
Wiro Park
296 80880 432.2
$2,500
$2,575
$75
ELLD
295 72740 432.2
$58,170
$70,385
$12,215
ELLD — Zone H
297 72740 432.2
$39,464
$43.204
$3,740
TOTAL
$396,179
$471,235
$75,056
BACKGROUND:
On September 12, 2012, the City Council awarded a contract to West Coast Arborists, Inc.
(WCA), for city-wide tree maintenance service (Attachment 1). The scope of work included
providing all materials, equipment, tools, labor and incidentals as required by the contract, to
perform annual grid trimming; service request trimming; root pruning; tree and stump removal
services; emergency tree services; tree planting services and other related tree maintenance
services for the Public Works and Parks and Recreation Departments. The contract also
requires WCA to pay prevailing wages per the Department of Industrial Relations (DIR) rate
schedule.
On July 23, 2015, the City Manager approved a one-time option to extend the agreement for a
two (2)-year period under the same terms and conditions as set forth in the original contract.
That extension expires on October 16, 2017 (Attachment 2).
On August 22, 2015, the DIR issued a new prevailing wage determination for the craft: "Tree
Maintenance Laborer" that significantly impacts the contract with WCA (Attachment 3).
ANALYSIS:
Since 2012, WCA employees assigned to the City of Encinitas have been compensated in
accordance with DIR prevailing wage determination for the craft: "Landscape Maintenance
Laborer," which ranged from $9.00 - $10.00 per hour. The classification was used for all tree
maintenance work. For many years, union organizations debated with the DIR and WCA that
the tree maintenance work they performed for public agencies consisted of construction work
and therefore, employees should be compensated at the prevailing wage rate for "Construction
Laborer," which ranged from $40.00 - $50.00 per hour.
On June 1, 2015, WCA agreed to enter into a Collective Bargaining Agreement (CBA) with the
Laborers Union. Subsequently, on August 22, 2015, a new prevailing wage determination was
issued by the DIR. The new rates stem from the CBA, and although not as high as the
"Construction Laborer" classification, the wages are higher than the original "Landscape
Maintenance Laborer" as accounted for in the current agreement. The classification of 'Tree
Maintenance Laborer" will now be applied to employees with WCA using the wage rates
established by the DIR, which range from $18.00 - $23.00 per hour. As required by the DIR,
this increase will take effect on July 1, 2016 (Attachment 3).
City staff met with representatives from WCA on March 10, 2016 to discuss now these new
rates will affect the current agreement with the City. WCA is requesting the City provide an
increase in compensation beginning July 1, 2016 for the remaining term of the contract with the
City to meet the new DIR wage requirements (Contract Amendment — Attachment 4).
73 of 262
2 zVI 2
Staff discussed the wage rate increases and impacts with several other municipal agencies in
San Diego County. Thirteen (13) agencies in the County are all pursuing contractual price
increases to meet the new (DIR) wage requirements. Nine (9) agencies have amended, or are
amending their current contracts; three (3) have "piggybacked" on existing contracts where the
increases are already adopted, and one (1) agency has issued a new request for bids, with the
new rate increases included.
Potential options to address the DIR's wage rate increases and the City's ability to maintain its
urban forest program at an acceptable level include:
Option 1: Increase the budget to continue the current level of service;
Option 2: Reduce the current !evel of tree maintenance service and absorb the increases
into the current budget; and
Option 3: Terminate the current contract and issue a new request for bids, with the new
wage rates included.
Staff is recommending Option 1, that the budget is increased to continue the current level of tree
maintenance service, and that the agreement with WCA be amended to reflect the new wage
rates. Funding for this Option has already been identified and included in the FY 2016-17
budget revise. Staff will competitively solicit new bids from prospective tree maintenance
service providers prior to the end of the current agreement with WCA so that a new agreement
will be in place to continue services once the existing agreement expires.
ENVIRONMENTAL CONSIDERATIONS:
The action being considered by the City Council is exempt from the California Environmental
Quality Act (CEQA) because it is not a "project" per Section 1 5378(b)(5) of the CEQA
Guidelines.
ATTACHMENTS:
1. Original Urban Forestry Maintenance Services Contract - October 16, 2012
2. Contract Extension - July 23, 2015
3. Tree Maintenance (Laborer) Wage Rate Notification from Department of Industrial Relations
(DIR) - September 1, 2015
4. Contract Amendment — June 15, 2016
.,D 1 a-CS-i e
74 of 262
ATTACHMENT 4
ADMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF ENCINITAS AND
WEST COAST ARBORIST, INC.
This amendment is made effective on the date executed by the City Manager for the City of
Encinitas and West Coast Arborist, Inc.
RECITALS
This Amendment is made with respect to the following facts and purposes:
A. The City of Encinitas and West Coast Arborist, Inc.; entered into a contract for a term
that began on October 16, 2012 and that ended on October 16, 2015.
B. On July 23, 2015 the City of Encinitas and West Coast Arborist, Inc.; entered into a
contract extension, which expires on October 16, 2017.
C. On June 15, 2016 the City Council approved a contract amendment due to the State
authorized Prevailing Wage increases to certain labor categories which affected the existing
Contract with West Coast Arborist, Inc.
D. The parties now desire to amend the Contract as set forth in this Amendment to change
the price schedule (attached) to address the Prevailing Wage increases.
NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon, the parties
agree to amend the Contract as follows:
A, The Contract between the City of Encinitas and West Coast Arborist, Inc. is amended to
accept the new price schedule beginning on July 1, 2016 for the remainder of the current
contract, which expires on October 16, 2017.
Except as otherwise provided above, all the provisions of the Contract between the City of
Encinitas and West Coast Arborist, Inc.; shall remain in fall force and effect.
IN WITNESS WHEREOF, the parties have caused the Contract to be executed as follows:
BY:
Name:
Title:
Dated
West Coast Arborist, Inc.
BY: Dated:
City Manager
City of Encinitas
Approved as to form: Office of the City
Attorney:
BY:: Dated:
West Coast Arborist, Inc. June 9, 20I6
RFP No. 2012-01
2O16-03-1
!ter C8E1 31 of 32
75 of 262
City of Encinitas
West Coast Arborists, Irtc.
Price Schedule for Tree Maintenance Services FY2016-17 & 2017-18
Line Item
Grad Tree Pruning
Full prune 0-6
Full prune 7-12"
Full prune 13-18"
Full prune 19 24"
Full prune 25-30"
Full prune 31-36"
Full prune over 36"
Unit
Each
Each
Each
Each
Each
Each
Each
Each
Current Prices
44,55
$ 30.40
$ 60,75
$ 66.10
$ 116.50
$ 187.40
$ 253.25
$ 253.25
Crown raise/Clearance prune 0-6" Each $ 20.25
Crown raise/Clearance prune 7-12" Each $ 20.25
Crown raise/Clearance prune 13-18" Each $ 50.65
Crown raise/Clearance prune 19-24" Each $ 50.65
Crown raise/Clearance prune 25-30" Each $ 50.65
Crown ralse/Clearance prune 31-36" Each $ 81.00
Crown raise/Clearance pru.le over 36" Each $ 81.00
Palm Trimming
Prune Date Palm (Phoenix spp.) Each $ 121.55
Clean Trunk for Date Palm (Phoenix spp.) Lineal Foot $ 30.40
Prune Fan Palm (Washingtonia spp.) Each $ 48.60
Clean trunk for Fan Palm [Washingtonla spp) Lineal Foot $ 10.10
Prune all other Palm species Each $ 44.55
Root Pruning and installation of 12" root barrier Linear Foot $ 10.10
Root Pruning and installation of 18" root barrier Linear Foot $ 10.10
Crew Rental - Goundperson Hourly $ 60.75
Crew Rental Equipment 0perator Hourly $ 60.75
Crew Rental- Trimmer Hourly $ 60.75
Day Rate Service Crew 8 hr day, 3 men & Equip Day $ 1,458.75
Tree Be Stump Removal (Standard removal)
Removal 0.6" Per Inch S 17.20
Removal 7-12" Per inch $ 17.20
Removal 13-18" Per inch $ 17.20
Removal19-24" Per inch $ 17.20
Removal 25-30" Per inch $ 17.20
Removal 31.36" Per inch $ 27.35
Removal over 36" Per Inch $ 27.35
Stump Only removal Per inch $ 7.10
Milling Cost Per Board Foot
Tree Planting
15-gal lon
24-inch box
36-Inch box
48-inch box
60-Inch box
Tree Watering
Each • $ 121.55
Each $ 202.60
Each $ 506.50
Each $ 1,013.00
Each $ 1,013.00
Per Hour $ 66.75
Specialty Equipment Day Rate Per day $ 810.40
Emergency Crew (During business hours) Per Hour $ 182.35
Emergency Crew (After hours, weekends, holidays) Per Hour $ 212.75
Certified Arborlst Reports Per Hour $ 101.30
GP5 Tree Inventory Per tree site $ 2.00
FY16-17 Prices 1 FY17-18 Prices
53.45
4
36.45
72.90
103.30
13960
224.85
303,90
303.90
$ 24.30
$ 24.3D
$ 60.75
$ 60.75
$ 60.75
$ 97.20
$ 97.20
$ 145.85
$ 36.45
$ 58.3D
$ 12.10
$ 53.45
$ 12.10
$ 12.10
72.9C
72.90
72.90
1,750.50
$ 20.60
$ 20.60
$ 20.6D
$ 20.6D
$ 20.60
$ 32.80
$ 32.80
$ 8.50
$ 145.85
$ 243.10
$ 607.80
$ 1,215.60
$ 1,215.60
$ 72.90
$ 972.00
$ 218.70
$ 255.30
$ 121.50
$ 2.00
56.1
38.25
76.50
108.45
149.75
236.00
319.00
319.00
$ 25.50
$ 25.50
$ 63.75
$ 63.75
$ 63.75
$ 102.00
$ 102.00
$ 153.00
$ 38.25
$ 61.00
$ 12.70
$ 56.00
$ 12.70
$ 12.70
$ 76.50
$ 76.50
$ 76.50
$ 1,838.00
$
$
21.60
21.60
21.6D
21.60
21.60
34.40
34.40
8.90
$ 153.10
$ 255.25
$ 638.15
$ 1,276.35
$ ',275.35
$ 76.50
$ 1,020.0D
$ 229.50
$ 268.05
$ 127.50
S . 2.00
Proposed prices for FY 16-17 reflect a 20% and FY17-18 reflects a 5% Increase to offset the Slate -mandated prevailing wage
determination for current Tree Maintenance Laborer
2C F1 6-53-11 5
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GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS
PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS
CRAFT: TREE MAINTENANCE' (LABORER)
DETERMINATION: SC-102-X-20-2016-1
ISSUE DATE: August 22, 2016
EXPIRATION DATE OF DETERMINATION June 30, 2017** The rate to be paid for work performed after this date has been determined. If
work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the
Director — Research Unit for specific rates at (415) 703-4774,
LOCALITY; All localities within Imperial, Inyo, Kern, Los Angeles, Mono. Orange, Riverside, San Bernardino, San Diego, San Luis Obispo,
Santa Barbara and Ventura Counties.
Employer Payments
Straight -Time Overtime Hourly Rate
CLASSIFICATION' Basic Health Pension Vacation Training Other Hours Total Daily Sunday/
(Journeyperson) Hourly and and Hourly Holiday
Rate Welfare Holiday Rate 1 1/2Xb 2X
Senior Tree Trimmer S18.50 2.25 $1.00 $1.67 - 0.05 8 $23.47 $32.72 $41.97
Tree Trimmer $16.50 2,25 $1.00 $1.47 - 0.05 8 $21.27 $29.52 $37.77
Groundsperson $13.75 2.25 $1.00 $1.32 - 0.05 8 $18.37 $25.245 $32.12
There shall be at least one Senior Tree Trimmer on crews of three or more.
b Monday thru Saturday shall constitute a workweek. Rate applies to first 4 overtime hours Monday thru Saturday, and all time worked in excess of forty
(40) hours per workweek. All other time is paid at the Sunday and Holiday double-time rate.
I This determination does not apply to the work of a landscape laborer employed on landscape construction (work incidental to construction or post -
construction maintenance during the plant installation and establishment period) or to tree trimming work involving line clearance.
RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in
the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with
the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate
shall be paid shall be as provided ir. Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on
the Internet at httn://www.dir.ca.gov/OPRL/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the
Office of the Director — Research Unit at (415) 703-4774.
TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel
and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current
determinations on the Internet at http;//www.dir.ca.gov/OPRL/PWD. Travel and/or Subsistence provisions for current or superseded determinations
may be obtained by contacting the Office of the Director - Research Unit at (415) 703-4774.
18-B
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AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
WEST COAST ARBORISTS, INC.
THIS AGREEMENT is entered into on this 18th day of October, 2016, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WEST COAST
ARBORISTS, INC., a California corporation (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide Urban Forestry
Maintenance Services.
WHEREAS, the CITY has determined that the CONTRACTOR is a certified forestry
professional and is qualified by experience and ability to perform the services desired by the
CITY, and the CONTRACTOR is willing to perform such services.
WHEREAS, this contract is being awarded based on cooperative purchasing, as permitted
in National City Municipal Code section 2.60.260. The City of Encinitas has gone through a
competitive process for these services and selected this CONTRACTOR, and the CITY is
entering into this Agreement with the prices established through that competitive process.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the
CONTRACTOR to perform tree pruning and trimming services, and the CONTRACTOR agrees
to perform the services set forth in this Agreement in accordance with all terms and conditions
contained herein.
The CONTRACTOR represents that all services shall be performed directly by
the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on October 18, 2016. The duration of this Agreement is for the period of
October 18, 2016 through June 30, 2017. Completion dates or time durations for specific
portions of the Project, hereafter defined, are set forth in Exhibit "B". This Agreement may be
extended by mutual agreement upon the same terms and conditions for an additional one (1) year
term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement
must be approved in writing by the City Council.
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3. SCOPE OF SERVICES. The CONTRACTOR will perform tree pruning and
trimming services as set forth in the attached Exhibit "A", using a grid system as set forth in the
attached Exhibit "B" (the "Project").
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under
this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services.
4. PROJECT COORDINATION AND SUPERVISION. Miguel Diaz hereby is
designated as the Project Coordinator for the CITY and will monitor the progress and execution
of this Agreement. The CONTRACTOR shall assign a single Project Director to provide
supervision and have overall responsibility for the progress and execution of this Agreement for
the CONTRACTOR. Michael Palat thereby is designated as the Project Director for the
CONTRACTOR,
5. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed as described
in Exhibit "A". Billings shall include labor classifications, respective rates, hours worked, and
also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed
$90,000. Monthly invoices will be processed for payment and remitted within thirty (30) days
from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as
determined by the CITY.
The CONTRACTOR 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 .his Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
6. ACCEPTABILITY OF WORK. The City shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONTRACTOR in
this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten
(10) business days, the CONTRACTOR and the City shall each prepare a report which supports
their position and file the same with the other party. The City shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONTRACTOR.
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7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONTRACTOR 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 CONTRACTOR hereby
assigns to the CITY, and CONTRACTOR 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 CONTRACTOR
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR' S
written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than what
was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR' S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR'S employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONTRACTOR and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONTRACTOR without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or
hiring as many employees, or SUBCONTRACTORS, as the CON TRACTOR may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to
adhere to the applicable terms of this Agreement.
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9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have
any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees,
except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or
employees are not in any manner agents, servants, or employees of the CITY, it being understood
that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly
independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely
such as are prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the
performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONTRACTOR and each
of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. The CONTRACTOR represents and covenants that the
CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
12. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONTRACTOR'S trade or profession currently practicing under similar
conditions and in similar locations. The CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR'S employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONTRACTOR'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all
products, materials, processes or treatments identified in the project documents prepared for the
CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any
increased costs that result from the CITY' S later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
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13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of
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 14, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify and hold harmless the City of National City, its officers, officials,
agents, employees, and volunteers, against and from any and all liability, loss, damages to
property, injuries to, or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including
workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the
CONTRACTOR'S performance or other obligations under this Agreement; provided, however,
that this indemnification and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the City, its agents, officers, employees
or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR
shall employ competent counsel, reasonably acceptable to the City Attorney.
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The indemnity, defense, and hold harmless obligations contained herein shall survive the
termination of this Agreement for any alleged or actual omission, act, or negligence under this
Agreement that occurred during the term of this Agreement.
16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar State or federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and
against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature
and description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONTRACTOR under this Agreement.
17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase
and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and
maintain throughout the term of this Agreement, the following checked insurance policies:
A. ❑ If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents,
employees, and volunteers as additional insureds, and a separate additional insured endorsement
shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy
shah name the CITY and its officers, agents, employees, and volunteers as additional insureds,
and a separate additional insured endorsement shall be provided. The general aggregate limit
must apply solely to this "project" or "location". The "project" or "location" should be noted
with specificity on an endorsement that shall be incorporated into the policy.
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of CONTRACTOR'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONTRACTOR has no employees subject to the California Workers'
Compensation and Labor laws, CONTRACTOR shallDeclaration effect. execute a Dwlarati�r'i to that Said
Declaration shall be provided to CONTRACTOR by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall
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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 CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
G. Insurance shall be written with only California admitted companies that
hold a current policy holder's alphabetic and financial size category rating of not less than A:VlI
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 CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
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
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and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof
against a specified party as part of the arbitration award.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
21. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if
mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given
by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other
communication delivered or sent as specified above shall be directed to the following persons:
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To CITY:
Miguel Diaz
Park Superintendent
Engineering and Public Works Department
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONTRACTOR:
Michael Palat
Area Manager
West Coast Arborists, Inc.
8524 Commerce Avenue, Suite B
San Diego, CA 92121
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section,
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONTRACTOR also agrees not to specify any product, treatment,
process or material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONTRACTOR has a financial interest as defined in Government Code Section 87103. The
CONTRACTOR represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall
obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the
CONTRACTOR.
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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. Contractor 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.
E. 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 salve 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. To the extent any exhibits or
schedules or provisions thereof conflict or are inconsistent with the terms and conditions
contained in this Agreement, the terms and conditions of this Agreement shall control.
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
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. Subcontractors or Subcontractors. The City is engaging the services of the
CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any
Standard Agreement
Revised July 2016
10
87 of 262
City of National City and
West Coast Arborists, lne.
portion of the work, unless such subcontracting was part of the original proposal or is allowed by
the City in writing. In the event any portion of the work under this Agreement is subcontracted,
the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor
of the City, both the insurance provisions in Section 17 and the indemnification and hold
harmless provision of Section 15 of this Agreement.
M. 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.
[Signature Page to Follow]
Standard Agreement 11 City of National City and
Revised July2Oid West Coast Arborists, Inc.
88 of 262
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
Interim City Attorney
Standard Agreement
Revised July 2016 West Coast Arborists, Inc.
WEST COAST ARBORISTS, INC.
(Corporation — signatures of two corporate officers required)
By:
(Name)
(Prim)
(Title)
By:
(Name)
(Print)
(Title)
12
City of National City and
89 of 262
Exhibit A
West Coast Arrborists, Inc.
Scope of Services
The Scope of Services for this Agreement is to provide professional Urban Forestry
Maintenance Services for tree pruning and trimming, using a grid system (attached to the
Agreement as Exhibit B) priced at $53.45 per tree within the grid, and to maintain the
City of National City's trees in a safe, attractive, and overall healthy condition.
90 of 262
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tltll IIINIIIpINII�Ni tit`
1111.
NATIONAL CITY
TREE TRIMMING GRID SCHEDULE
91 of 262
Lii=.7. ;LT, . _ _[I. hi,. 1
rw
I I 7r— =1--:}319E1—\
—
" 7.8
STREET TREES
TRIMMING SCHEDULE
GRID -I
GRID-2
GRID-3
GRID-4
GRID-5
GRID-6
GRID-7
GRID-8
GRID-9
GRID-I0
FEBRUARY THRU APRIL 2015
MAY 1'HRU JULY 2015
AUGUST THRU OCToBER 2015
NUVEMBER THRU JAN. 20I5-I6
FEBRUARY THRU APRIL 2016
MAY THRU JULY 2016
AUGUST THRU OCTOBER 2016
NOVEMBER TnRu JAN 2016-17
FEBRUARY THRU APRIL 2017
MAY THRU JULY 2017
rn
co
co
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER THIS CERTIFICATE 1S NOT AN
INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE ND LESS THAN THOSE
LISTEL AL HIOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT(LIMITS NOT LIS IHJ.) BELOW.
This is to Certify that
WEST COAST ARRORISTS, INC
2200 EAST VIA BURTON
ANAHEIM CA 92806
L
NAME AND rt
ADDRESS
OF INSURED;
is at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed polioy(iea) Is su'ject to all their terms, exclusions sod
Cemditieva and is vet shered by any requh emeot, tumor ears:E ton of any contract or other dotwoeot with respect to which this certificate may Le issued
TYPE OF POLICY .
EXP DATE
0
0 DUMBED CONTINUOUS
0 POLICY TERM
POLICY NUMBER
LIMIT OF LIABILITY
WORKERS
COMPENSATION
Statutory Limits
7/1/2017
WA7-66D-039499.076
COVERAGE AFFORDED UNDER WC
LAW OF THE FOLLOWING STATES;
EMPLOYERSLLd►BIIrTi
All States Exce
ND, OH, WA
eerily by Accident
$1.00f),000 Each Awident
Bodily t y By Disease
$1, 000, D 00 P nt l r,v T.in r
Bodily inlay By Diceaee
$1.QQ0.000 tom.
GENERAL
LLr
•
COMMERCIAL
LIABILITY
OCCURRENCE
CLAIMS MADE
7/1/2017
TB2-�661-039499-016
Aggregate
$2,000,000
Products' Completed Operations Aggregate
$2,000,000
Each Occurnence
$1,000,000
Personal & Advertising Injury
$1, 000, 000 Per Penton / Organization
RETRO DATE
Other Darnaae_topremises rented to
3DDU0 40ao
Medical Expense $5,000
AUTOMOBILE
rr�� LIABILITY
LIOWNED
mNON -OWNED
El HIRED
7/1/2017
AS7-661-039499-036
Fiah Axidcet--Singne Limit
$2,000, 000 B.L And P.D. Combined
EaohPersm •
Each Accident er OcetrTeoee
Each Accident or Oeeuerence
OTHER
Umbrella Excess Liability
7/1i2016 - 7/1/2017
TH7-681-039499-046
J
$5,000,060 Per Occurrence/Aggregate
ADDTTIONAL commtvis
The City of National City and Its officers, agents and ernployees areaddlt1onel Insured with regards to general liability and automobile ilsbllfty, as
the)r Interest may appear; where required by written contract.
The insurance afforded by the general ilability policy For thebenefit of the additional insured shall be primary end non-contributory.
Waiver of Subrogation is Included In favor of the additional insured on workers compensation, where allowed by statute, and applies only to the
specific jobs of the Insured performed under written contract, and where applicable by taw.
• IF the xrtiBcate expiration date is coatinaous or offended term you will be notified if coverage is terminated or reduced before the certificate expiration dete.
NOTICE OP CANCELLATION: (NOT APPLICABLE UNLESS A NTJNIBER OF DAYS IS ENTERED BELOW,)
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE
INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAILED TO,
[—City of National City
v 1243 National City Blvd.
National City CA 91950
L
��lLea„c-,
Liberty Mental
In9terenee Group
Elaine Ulan
Los Angeles l 0803
818 W 7th Street, Suite 850
Los Angeles CA 90017
OFFICE
AUTHORIZED REPRESENTATIVE
0584408
213.624-1171 6/18/2016
PHONE DATE ISSUED
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10
30675453 I Lb! 2819.1 'rf16-i/17 . 6L/2/1, M/2, ItC/L, 11'S I Doane $nitaia I 6/16/2016 9,16,16 ]tat (CDT) 1 Page 1 of '1
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92 of 262
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CONWERCIAL
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97 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 98
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City, 1) awarding a contract in the not -to -exceed
amount of $99,759.00 to Portillo Concrete, Inc. for the E. 16th Street and Grove Street
Pedestrian Enhancements Project, CIP No. 16-03; 2) authorizing
98 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE:
October 18, 2016
AGENDA ITEM NO.
I ITEM TITLE:
Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of
$99,759.00 to Portlllo Concrete, Inc. for the E. 16th Street and Grove Street Pedestrian Enhancements Project, CIP
No. 16-03; 2) authorizing a 15% contingency in the amount of $14,963.85 for any unforeseen changes; and 3)
authorizing the Mayor to execute the contract. j
PREPARED BY Cruz Ruelas-Avila
PHONE: 1336-43871
EXPLANATION:
See attached.1
DEPARTMENT: jEngineering/Public Works
APPROVED BY:
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
Funding available through prior City Council appropriations:
307-409-500-598-6166 (TransNet Prop A — Safe Routes to School)
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
1
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
(N/A1
ATTACHMENTS:
1. Explanation
2. Bid Opening Summary
3. Three Lowest Bidders Summary
4. Resolution
99 of 262
EXPLANATION
The E. 16th Street and Grove Street Pedestrian Enhancements Project, GIP No. 16-03,
includes the following pedestrian and Americans with Disabilities Act (ADA)
enhancements for the intersection of E. 16th Street and Grove Street: removal and
replacement of existing curb, gutter, sidewalk and curb ramps, AC overlay, AC paving,
slurry seal, high intensity signing and striping, and corner bulb -outs for traffic calming.
On August 24, 2016, the bid solicitation was posted on PlanetBids, a free public
electronic bidding system for contractors. On August 24 and August 31, 2016, the bid
solicitation was advertised in local newspapers.
On September 13, 2016, six (6) bids were received electronically on PlanetBids by the
1:00 p.m. deadline. Bid results were available immediately after the 1:00 p.m. deadline.
Portillo Concrete, Inc. was the apparent low bidder with a total bid amount of
$99,759.00. Upon review of all documents submitted and reference checks, Portillo
Concrete, Inc.'s bid is responsive, and they are the lowest responsible bidder qualified
to perform the work as described in the project specifications.
Attached are the bid opening results and a summary of the three lowest bidders for your
information.
Staff recommends awarding a contract in the not to exceed amount of $99,759.00 to
Portillo Concrete, Inc. for the E. 16th Street and Grove Street Pedestrian Enhancements
Project, CIP No. 16-03, and authorizing a 15% contingency in the amount of $14,963.85
for unforeseen changes that may arise. This project is funded through existing TransNet
Prop A appropriations.
100 of 262
NAME:
CIP NO:
DATE:
TIME:
-0 - CALIFORNIA +- -
NIN L city
BID OPENING RESULTS
E. 16th Street and Grove Street Pedestrian Enhancements
16-03
Tuesday, September 13, 2016
1:00 P.M.
ESTIMATE: $110,000.00
PROJECT ENGINEER: Stephen Manganiello
NO.
BIDDER'S NAME
BID AMOUNT
BID SECURITY
-CHECK
-BOND
1.
Portillo Concrete Inc.
3527 Citrus St
Lemon Grove, CA 91945
$99,759.00
Bond
2,
Crest Equipment, Inc.
161 Scottford Drive
El Cajon, CA 92021
$99,783.75
Bond
3.
Just Construction, Inc.
3103 Market Street
San Diego, CA 92102
$109,888.10
Bond
4:
Vailston Company
774 N. Twin Oaks Valley Road, Suite C
San Marcos, CA 92069
$112,478.00
Bond
5.
A.B. Hashmi, Inc.
13066 Deer Canyon Court
San Diego, CA 92131
$121,507.50
Bond
6.
Blue Pacific Engineering & C
13066 Deer Canyon Court
San Diego, CA 92131
$138,354.75
Bond
101 of 262
Bid Results for E. 16th Street and Grove Street Pedestrian Enhancements (CIP 16-03)
Portillo Concrete, Inc.
Crest Equipment, Inc.
Just Construction, Inc.
Base Bid
Item
No.
Description
Unit
Qty.
Unit Price
Extension
(Quantityx
Unit Price)
Unit Price
Extension
(Quantityx
Unit Price)
Unit Price
Extension
(Quantityx
Unit Price
1
Mobilization
LS
1
$1,000.00
$1,000.00
$2,550.00
$2,550 00
$7,490.00
$7,490.00
2
3
Traffic Control
LS
1
$2,000.00
$2,000.00
$5,800.00
$5,800.00
$3,745.00
$3,745 00
Surveying
LS
1
$2,000.00
$2,000.00
$2,100.00
$2,100 00
$2,782.00
$2,782.00
4
Water Pollution Control
LS
1
$500.00
$500.00
$1,200.00
$1,200.00
$1,284.00
$1,284.00
5
Clearing and Grubbing
LS
1
$2,000.00
$2,000.00
$5,500.00
$5,500.00
$3,745.00
$3,745.00
6
Untreated Base
CY
83
$25.00
$2,075.00
$65.00
$5,395.00
$42.80
$3,552.40
7
Construct Asphalt Concrete Overlay
(Variable Thickness)
SF
900
$12.00
$10,800.00
$9.00
$8,100 00
_
$4.30
$3,870.00
g
Construct Asphalt Concrete Pavement
TON
85
$165.00
$14,025.00
$225.00
$19,125.00
$271.80
$23,103.00
9
Slurry Seal (Type II)
TON
12
$1,800.00
$21,600.00
$1,000.00
$12,000 00
$1,613.60
$19,363.20
10
6" PCC Curb and Gutter (SDIRSD G-2)
LF
173
$30.00
$5,190.00
$36.00
$6,228 00
$19.30
$3,338.90
11
PCC Cross Gutter (SDRSO G-12
SF
560
$15.00
$8,400.00
$13.75
$7,700.00
$12.80
$7,168.00
12
4" PCC Sidewalk (SDRSD G-7)
SF
1441
$9.00
$12,969 00 .
$5.75
$8,285.75
$8.60
$12,392.60
13
Curb Ramp
EA
2
$3,000.00
$6,000.00
$2,500.00
$5,000.00
$3,424.00
L $6,848.00
14
Signing and Striping
LS
1
$6,200.00
$6,200.00
$5,800.00
$5,800.00
$6,206.00
$6,206.00
15
Field Orders
AL
1
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
Base Bid
'Total
$99,759.00
$99,783.75
$109,888.10
102 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 103
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the appropriation of $70,000.00 in
the Plaza Boulevard Widening CIP expenditure account from Transportation
Development Impact Fee (TDIF) fund balance for construction of the Plaza Bo
103 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE!
Resolution of the City; council of the City of National City authorizing the appropriation of $70,000.00
in the Plaza Boulevard Widening CIP expenditure account from Transportation Development Impact
Fee (TDIF) fund balance for construction of the Plaza Boulevard Widening Project.
PREPARED BY: Stephen Manganiello
PHONE: 619-336-4382
EXPLANATION:
See attached.
DEPARTMENT: Engineering/Public Works
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: -14/ 1,
ACCOUNT NO.
325-409-500-598-6569 (Plaza Blvd Widening)
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
1
STAFF RECOMMENDATION:
Finance
MIS
Adopt Resolution authorizing the appropriation of $70,000.00 in the Plaza Boulevard Widening CIP expenditure
account from TDIF fund balance for construction of the Plaza Boulevard Widening Project.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS'
1 Explanation
2. Resolution
104 of 262
EXPLANATION
On February 2, 2016, through adoption of Resolution 2016-15, City Council awarded a
contract to Dick Miller, Inc. in the not -to -exceed amount of $1,894,498.10 for the Plaza
Boulevard Widening "N" Avenue to 1-805 project, CIP No, 16-01, and authorized a 15%
contingency in the amount of $284,174.72 for any unforeseen changes. The base
contract is funded through Transportation Development Impact Fees (TDIF), Capital
Outlay and TransNet (Prop A).
Staff is requesting that City Council authorize the appropriation of $70,000.00 in the
Plaza Boulevard Widening CIP expenditure account from Transportation Development
Impact Fee (TDIF) fund balance to address unforeseen conditions discovered during
construction of the Plaza Boulevard Widening project.
The project is scheduled to be completed by March 2017.
105 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 106
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the appropriation of $95,000.00 in
the corresponding CIP expenditure accounts for Kimball Park & El Toyon Park
Improvements from Park Development Impact Fee fund balance for construct
106 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the appropriation of $95,000.00
in the corresponding CIP expenditure accounts for Kimball Park & El Toyon Park Improvements from
Park Development Impact Fee fund balance for construction of the Kimball Park & El Toyon Park
Improvements Project.
PREPARED BY: Stephen Manganiello
PHONE: 619-336-4382
EXPLANATION:
See attached.
DEPARTMENT. Engineering/Public Works
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: wv Finance
ACCOUNT NO. APPROVED:
325-409-500-598-4131 (El Toyon Park Improvements CIP): $45,000.00
325-409-500-598-4132 (Kimball Park Improvements CIP): $50,000.00
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
MIS
STAFF RECOMMENDATION:
Adopt Resolution authorizing the appropriation of $95,000.00 in the corresponding CIP expenditure accounts for
Kimball Park & El Toyon Park Improvements from Park Development Impact Fee fund balance.
BOARD 1 COMMISSION RECOMMENDATION:
NIA
ATTACHMENTS:
1. Explanation
2. Resolution
107 of 262
EXPLANATION
On September 1, 2015, through adoption of Resolution No. 2015-136, City Council
awarded a contract to Western Rim Constructors, Inc. in the not -to -exceed amount of
$3,452,342.98 for the Kimball Park, El Toyon Park, and Kimball Skate Park
Improvements Project, CIP No. 15-04, and authorized a 15% contingency in the amount
of $517,851.45 for any unforeseen changes.
improvements for Kimball Park include implementation of storm water low -impact
development measures, new restrooms, lighting, "state-of-the-art" skate park, central
plaza, benches, trash receptacles, public safety cameras, Americans with Disabilities
Act (ADA) upgrades, walking paths, and drought tolerant landscaping.
Improvements for El Toyon Park include new restrooms, lighting, public safety cameras,
ADA upgrades, and programmable metal swing gates for the "horseshoe" parking lot.
Staff is requesting that City Council authorize authorizing the appropriation of
$95,000.00 in the corresponding CIP expenditure accounts for Kimball Park & El Toyon
Park Improvements from Park Development impact Fee (DIF) fund balance for
construction of the Kimball Park & El Toyon Park Improvements Project. DIF funds will
only be used to pay for new andlor expansion of park facilities.
The project is scheduled to be completed by December 2016.
108 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 109
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the appropriation of $75,000 in the
Traffic Monitoring CIP expenditure account from General Fund fund balance to conduct
Citywide Engineering & Traffic Surveys to establish speed limi
109 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE°
Resolution of the City Council of the City of National City authorizing the appropriation of $75,000 in
the Traffic Monitoring CIP expenditure account from General Fund fund balance to conduct Citywide
Engineering & Traffic Surveys to establish speed limits in accordance with Section 40802(a) of the
California Vehicle Code.
PREPARED BY.' Stephen Manganiello
PHONE: 619-336-4382
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO. APPROVED:
DEPARTMENT: Engineering/Public Works
APPROVED BY:
APPROVED:
MIS
Expenditure account: 001-409-500-598-6573 (Traffic Monitoring CIP)
Note: National City's share of revenues collected by the San Diego Superior Court - South County Division are
deposited into the General Fund, which contributes to the fund balance. Since a significant portion of these
revenues are generated from payment of traffic fines, use of these revenues to conduct engineering and traffic
surveys for establishing speed limits to allow for continued enforcement, which includes issuing citations for traffic
violations, is appropriate.
ENVIRCi 1MENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION: FINAL ADOPTION:
Finance
STAFF RECOMMENDATION:
Adopt Resolution authorizing the appropriation of $75,000 in the Traffic Monitoring CIP expenditure account from
General Fund Revenue account number 001-11000-3200 to conduct Citywide Engineering & Traffic Surveys.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS:
1. Explanation
2. Proposal to conduct and certify Citywide engineering & traffic surveys
3. Roadway segments recommended for survey
4. Resolution
110 of 262
Explanation
In order for National City Police Officers to conduct radar speed enforcement, engineering
and traffic surveys must be performed every five years in accordance with Section
40802(a) of the California Vehicle Code (CVC) and Chapter 2B of the California
Department of Transportation Manual on Uniform Traffic Control Devices. In addition,
officers must have successfully completed a radar operator course of not less than 24
hours, approved and certified by the Commission on Peace Officer Standards and Training,
and the radar, laser or other electronic device used to measure vehicle speeds must be
properly calibrated and meet or exceed the minimal operational standards of the National
Traffic Highway Safety Administration.
The last Citywide engineering and traffic surveys tor establishing speed limits were
conducted and certified by Kimley-Hom and Associates, Inc. approximately five years ago,
and subsequently amended into Section 11.16.010 "Speed Zones Designated" of the
National City Municipal Code by Ordinance of the City Council. Therefore, new surveys
must be conducted and certified in order to remain in compliance with CVC 40802(a) and
allow for continued radar speed enforcement.
Kimley-Horn & Associates has submitted a proposal to conduct and certify new engineering
and traffic surveys to establish speed limits along 150 roadway segments in National City
for a not to exceed amount of approximately $75,000. See attached table of roadway
segments recommended for survey. This effort would be completed under the City's on -
call engineering contract with Kimley-Horn and Associates.
Staff is requesting that City Council authorize the appropriation of $75,000 in the Traffic
Monitoring CIP expenditure account from General Fund fund balance to conduct Citywide
Engineering & Traffic Surveys to establish speed limits in accordance with Section
40802(a) of the California Vehicle Code.
National City's share of revenues collected by the San Diego Superior Court - South
County Division are deposited into the General Fund through revenue account no. 001-
11000-3200 "Vehicle Code Fines." National City receives, on average, approximately
$150,000 in revenues annually. A significant portion of these revenues are generated from
payment of traffic fines. Therefore, use of these revenues to conduct engineering and
traffic surveys for establishing speed limits to allow for continued enforcement, which
includes issuing citations for traffic violations, is appropriate.
111 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 112
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the installation of a blue curb
handicap parking space with sign in front of the residence at 108 E. 5th Street (TSC No.
2016-09). (Engineering/Public Works)
112 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE October 18, 2016
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the installation of a blue curb
handicap parking space with sign in front of the residence at 108 E. 5th Street (TSC No. 2016-09).
PREPARED BY: Stephen Manganiello
PHONE: 619-336-4382
EXPLANATION:
See attached.
DEPARTMENT: Engineering/Public Works
APPROVED BY:
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
NIA
ENVIRONMENTAL REVIEW:
NIA
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution authorizing the installation of a blue curb handicap parking space with sign in front of the
residence at 108 E. 5ht Street.
BOARD 1 COMMISSION RECOMMENDATION:
At their meeting on September 14, 2016, the Traffic Safety Committee unanimously approved the staff
recommendation to install a blue curb handicap parking space with sign in front of the residence at 108 E. 5th Street.
ATTACHMENTS:
1. Explanation +mil Location Map
2. Staff Report to the Traffic Safety Committee on September 14, 2016 (TSC No. 2016-09)
3. Resolution
113 of 262
EXPLANATION
Mrs. Nancy Toba-Laba, resident of 108 E. 5th Street, has requested a blue curb
handicap parking space in front of her home due to physical limitations. The resident
has stated that it is difficult to park on her street because there are several businesses
close to her house. Mrs. Toba-Laba possesses a valid Disabled Person Placard from
the State of California Department of Motor Vehicles.
Staff visited the site and verified that the residence does not have a driveway or garage,
The curb length in front of the residential lot is approximately 50 feet. Currently, there is
one on -street blue curb handicap parking space located one block to the south in front
of the residence at 917 E. 6th Street.
The City Council has a policy, which is used to evaluate requests for handicap parking
spaces. The City Council Policy requirements for "Special Hardship" cases are as
follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard
for "disabled persons" or "disabled veterans". This condition is met.
2. The proposed disabled parking space must be in front (or side if on a corner lot)
of the applicant's (or guardian's) place of residence. This condition is met.
3. The residence must not have useable off-street parking available or an off-street
space available that may be converted into disabled parking. This condition is met.
On September 14, 2016, the Traffic Safety Committee unanimously approved the staff
recommendation to install a blue curb handicap parking space with sign in frnnt of the
residence at 108 E. 5th Street.
Staff informed the resident that if approved, handicap parking spaces do not constitute
"personal reserved parking" and that any person with valid "disabled persons" license
plates or placards may park in handicap spaces.
If approved by City Council, all work will be performed by City Public Works.
114 of 262
Location Map with Recommended Enhancements (TSC item: 2016-09)
1O E. fith Stre.2t
Proposed Slue Curb
Disabled Parking
CLA.
PARKING
ONLY
V191,111.;
Existing Blue Curb
Disabled Parking at 917
etStreet
115 of 262
4
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR SEPTEMBER 14, 2016
ITEM NO. 2016-09
ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP
PARKING SPACE WITH SIGNAGE IN FRONT OF THE
RESIDENCE AT 108 E. 5th STREET (BY N. TOBA-LABA)
PREPARED BY: Stephen Manganiello, Director of Public Works 1 City Engineer
Engineering & Public Works Department
DISCUSSION:
Mrs. Nancy Toba-Laba, resident of 108 E. 51h Street, has requested a blue curb handicap
parking space in front of her home due to physical limitations. The resident has stated that
it is difficult to park on her street because there are several businesses close to her house.
Mrs. Toba-Laba possesses a valid Disabled Person Placard from the State of California
Department of Motor Vehicles.
Staff visited the site and observed that Mrs. Toba-Laba does not have an accessible
driveway or garage. The length of curb between the beginning of curb (B.O.C.) of the
southwest at E. 5th Street and Lantana Dr. and the end of curb (E.O.C.) radius of the
southeast corner/pedestrian ramp at E. 5th Street and B Ave is approximately 460 feet of
unrestricted parking. Currently, there are no public blue curb handicap parking spaces
provided in the vicinity.
The City Council has adopted a policy, which is used to evaivate requests for handicap
parking spaces. The City Council Policy requirements for "Special Hardship" cases are
as follows:
^:. Applicant (or guardian) must be in possession of valid license plates for "disabled
persons" or "disabled veterans", This condition is met.
2. The proposed disabled parking space must be in front of the applicant's (or
guardian's) place of residence. This condition is met.
3. The residence must not have useable off-street parking available or an off-street
space available that maybe converted into disabled parking. This condition is met.
It shall be noted that handicap parking spaces do not constitute "personal reserved
parking" and that any person with valid "disabled persons" license plates may park in
handicap spaces.
STAFF RECOMMENDATION:
116 of 262
Since all three conditions of the City Council's Disabled Persons Parking Policy are met
for this "'Special Hardship" case, staff recommends installation of a blue curb handicap
parking space with signage in front of the residence at 108 E. 5th Street.
EXHIBITS:
1. Correspondence
2. Location Map
3. Photos
4. Disabled Persons Parking Policy
2018-09
117 of 262
REQUEST FOR BLUE CURB DISABLED PERSONS PARKING SPACE
NAME OF DISABLED PERSON: uri—r— Lobl
NAME OF REPRESENTATIVE FOR DISABLED PERSON (If different from above):
ADDRESS: S
EMAIL:
PHONE NUMBER: _
Please answer the following questions, which will assist Engineering staff, the Traffic Safety
Committee, and your City Council in determining if you are qualified to have a blue curb disabled
persons parking space placed in front of your residence. Please be informed that all blue curb parldng
spaces are considered public parking. Therefore, any registered vehicle in possession of a disabled
persons placard or license plate Is legally allowed to park In the blue curb space for up to 72
continuous hours.
1) Do you possess a valid disabled person's placard issued by the California Department of
Motor Vehicles (DMV)? OYES NO
If YES, please Include a copy of the placard, which contains your name, address,
placard number, and expiration date.
2) Does your residence have a garage? TIMES ONO
If YES, Is the garage large enough to park a vehicle OYES ENO
(rnlnimum of W x 121
Does your residence have a driveway? DYES ENO
if YES, a) is the driveway large enough to park a vehicle? ®YES EiNO
(minimum of2D'x12')
b) Is the driveway level?
EYES ONO
c) Is the driveway sloped/inclined? FIVES ENO
4) Please write any additional comments here (optional).
118 of 262
August 03, 2016
Nancy Toba-Laba
108 E 5th St
National City, CA 91950
Dear Sirs Department of parking permits in National City allows me to greet you
cordially.
My name is NancyToba-Baba and in May of 2016 i brought all my documents to
apply for a handicapped parking in front of my home at 108 E 5th St National City,
CA 91950. The reason why I ask this permission Is because in this street every
day is more difficult to park for different reasons, either because of lack of
education some people occupy more than one space, people painted red ditch
near driveway to avoid others parked out front. Also the location of a new gym
that opened very close to 5th and businesses repair and sale of vehicles, without
forgetting that the 365 days of the year are parked trailers for equipment in this
street and never has any inspector municipality to inspect all these irregularities. I
live 17 years in this direction and 1 cannot park any day. I ask you with all my heart
to help me with this request because my— jand
this would help make my life a little less frustrate.
Beforehand thank you very much
Sincerely
Nancy Toba-Laba
A
''DE
9I:V 9 r T:3Ticd 13
119 of 262
***CUSTOMER RECEIPT COPY*** EXPIRES: 06/30/2017
***DISABLED PERSON PLACARD***
PLACARD NUMBER: PIC: 1 TV: 92
TOBALABA NANCY
108 E 5TH ST
NATIONAL CITY
CA 91950
CO: 37
DATE ISSUED:
MO/YR:
DT FEES RECVD:
.•- • ..
„ DUE
: REcinD - CASH
CHCK
CRDT
• ..- ' - • •
•
• • •-
03/23/15
WP
03/23/15
NONE
KOO 613 07 0000000 0008 CS KOO 032315 Ni
DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD
THIS_ IDENTIFICATION CARD OR FAcsimiu COPY IS TO BE CARRIED BY, THE PLACARD
OWBR...,,,FAVS•p)i:T IT TO ANY PEACE OFFICER UPON DEMAND. IMMEDIATELY NOTIFY DMV
BY `tritnig'-DIV.14A,IL OF ANY CHANGE OF ADIRESS . WHEN PARKING, HANG THE vial:CARD
FROX'"PW'R.EM.R VIEW MIRROR o REMOVE IT WHEN DRIVING _
PLACARD#:
EXPIRES:
DOB:
ISSUED
TYPE:
11111
16/31Lanii
03/23/15
NI
PLACARD HOLDER: TOBALABA NANCY
108 B 5TH Sr
NATIONAL CITY
CA 91950
PURCHASE OF FUEL (13USINESS & PROFESSIONS CODE 136601:
STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSON S VEHICLE
AT SELF-SERVICE RATES # EXCEPT SELF.....::-.,ggiwicp, FACILITIES WITH ONLY ONE CASHIER.
WHEN YOUR PLACARD IS PROPERLY...._;biOpiiiii);.::yEk MAY PARK IN/ON:
*DISABLED PERSON PARKING SPA00-. (BLUE - ZONES). *STREET METERED ZONES WITHOUT
PAYING *GREEN ZONES WITHOUV5AESTRICTIO14S-:10.:„IiiiME LIMITS *STREET WHERE
PREFERENTIAL PARKING PRIVILEOESARE:..OVEN-,T0..:RESIDENTS AND MERCHANTS
•:- '-
YOU MAY NOT PARK IN/ON: *RED Z0NS*10,47::-.A144 'ZONES *WHITE OR- YELLOW ZONES
*SPAMS MARKED BY CROSSITATClik IELPS-;:411ET::-.1.0-1:iISABLED PERSON PARKING SPACES .
IT IS CONSIDERED MISUSE: *TO DISW.iii,A;';PtACAD UNLESS THE DISABLED OWNER
IS BEING TRANSPORTED *TO DISPtjtit.::-4- :RlageARD WHICH HAS BEEN CANCELLED OR
REVOKED *TOLOAN YOUR PLACARD TO lieiliatE-; INCLUDING FAMILY MEMBERS.
MISUSE IS A MISDEMEANOR (SECTION 4461VC) AND CAN RESULT IN CANCELLATION. OR
REVOCATION OF THE PLACARD.. LOSS •" ;.L %. PRIVILEGES. AND/OR PINES.
120 of 262
gike`01,41.140
REMOVE FROM M14--;41RORBEFORE ORIVING VEHICLE
CALIFORNIA
'WARNING-ipiPloq;41 Loft,. of iktinItek'Ant 0".004/ein platard
courri roNttli iray.o.x.Intorn. Pro of
f. riJEL '
121 of 262
r
•
Location Map with Recommended Enhancements (TSC item: 2016-09)
""" 1
w 1 r 1 r E. 6th STREET
a -_. -d.� = a is
t___
y_s Ca��1�" .re'"� n.a
�� 7 .'�• .fir I
A_
108 E. 9t'' Street
• ,
E. 5th STREET
PARKING
&KKY
Existing Slue Curb
Disabled (Parking at 917
E. 6" Street
• 0
122 of 262
Location of Proposed Blue Curb and Slgnage at 108 E. 5th Street
(looking South -East)
PROPDSED LOCATION
Location of Proposed Blue Curb and Signage at 108 E. 5t Street
(looking South)
123 of 262
DISABLED PERSONS PARKING POLICY
The purpose of a disabled persons parking zone is to provide designated parking spaces at
major points of assembly for the exclusive use of physically disabled persons whose
vehicle displays a distinguishing license plate as authorized by the California Department
of Motor Vehicles.
The City Council may upon recommendation of the City Engineer, designate specially
marked and posted on -street parking spaces for disabled persons pursuant to California
Vehicle Code 21101, et seq. at the following facilities:
1. Government buildings serving the public such as administration buildings,
public employment offices, public libraries, police stations, etc.
2. Hospitals and convalescent homes with more than 75-bed capacity.
3. Medical facilities and doctors' offices staffed by a maximum of five
practitioners. Zones shall be located to serve a maximum number of
facilities on one block.
4. Community service facilities such as senior citizens service centers, etc.
5. Accredited vocational training and educational facilities where no off-
street parking is provided for disabled persons.
6. Employment offices for major enterprises employing more. than 200
persons.
7. Public recreational facilities including municipal swimming pools,
recreation halls, museums, etc.
8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more
than 300 seating capacity.
9. Other places of assembly such as schools and churches.
10. Commercial and/or office building(s) with an aggregate of more than
50,000 square feet of usable floor space. Zone shall be located to serve a
maximum number of facilities on one block.
11. Hotels catering to daily guests, maintaining a ground floor lobby and a
switchboard that is operated 24 hours per day.
124 of 262
12. A hotel or apartment house catering to weekly or monthly guests and
containing more than 30 separate living units.
In addition, disabled persons parking spaces may be provided within all publicly owned,
leased or controlled off-street parking facilities as specified in the General Requirements.
General Requirements
Each disabled persons parking space shall be indicated by blue paint and a sign
(white on blue) showing the international symbol of accessibility (a profile view of a
wheelchair with occupant).
Where installed under the above criteria the total number of disabled persons curb
parking spaces will be limited to 3% of the total number of on -street parking spaces
available in the area and shall be distributed uniformly within the area.
Disabled persons parking will not be installed at locations with a full-time parking
prohibition.- When a disabled persons parking zone is installed where a part-time parking
prohibition is in effect, the disabled persons parking zone will have the same time
restrictions as the part-time parking prohibition.
The cost of installing disabled persons parking will be assumed by the City on
public streets and public off-street parking facilities.
In establishing on -street parking facilities for the disabled there shall be a
reasonable determination made that the need is of an on -going nature. The intent is to
prevent the proliferation of special parking stalls that may be installed for a short-term
purpose but later are seldom used. Unjustified installation of such. parking stalls
unnecessarily increases the City's maintenance and operations costs, reduce available on -
street parking for the general public, and detract from the overall effectiveness of the
disabled persons parking program.
Special IIardshirt Cases
It is not the intention of the City to provide personal reserved parking on the
public right-jof-way, especially in residential areas. However, exceptions may be made,
in special hardship cases, provided all of the following conditions exists:
(1)
Applicant (or guardian) must be in possession of valid license plates for
"disabled persons" or "disabled veterans."
(2) The proposed disabled parking space must be in front of the applicant's
(or guardian's) place of residence.
125 of 262
(3)
Subject residence must not have useable off-street parking available or
off-street space available that may be converted into disabled parking.
NOTE:It must be emphasized that such parking spaces do not constitute "personal
reserved parking" and that any person with valid "disabled persons" license plates may
park in the above stalls.
Jha: p
126 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 127
The following page(s) contain the backup material for Agenda Item: Investment
transactions for the month ended August 31, 2016. (Finance)
127 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016 AGENDA ITEM NO.
ITEM TITLE:
Investment transactions for the month ended August 31, 2016.
PREPARED BY: Ronald Gutlay DEPARTMENT: Finance
PHONE: 619-336-4346 APPROVED BY: :•
EXPLANATION:
In accordance with California Government Code Section 53646 and City of National City's investment
policy section XIIA, a monthly report shall be submitted to the legislative body accounting for transactions
made during the reporting period.
The attached listing reflects investment transactions of the City of National City's investment portfolio for
the month ending August 31, 2016.
FINANCIAL STATEMENT:
ACCOUNT NO.
NA
APPROVED: r niance
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
MIS
STAFF RECOMMENDATION:
Accept and file the Investment Transaction Ledger for the month ended August 31, 2016.
BOARD t COMMISSION RECOMMENDATION:
NA
ATTACHMENTS:
Investment Transaction Ledger
128 of 262
City of National City Consolidated
Account #10218
Transaction Ledger
7/31/16 Thru 8/31/16
Transaction Settlement Acq/Disp
Type Date CUSIP Quantity Security Description Price Yield
Amount
Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase
Purchase
Purchase
Purchase
Purchase
Purchase
Purchase
Purchase
hase
hase
N
0
N
rn
N
08/01/2016 60934N807
08/02/2016 60934N807
08/02/2016 912828S43
08/08/2016 60934N807
08/25/2016 3137EADR7
08/25/2016 60934N807
08/25/2016 60934N807
08/28/2016 60934N807
08/31/2016 3130A8PK3
08/31/2016 60934N807
08/31/2016 60934N807
08/31/2016 912828L32
Subtotal
Short Sale 08/25/2016 60934N807
Short Sale 08/31/2016 60934N807
Subtotal
Purchase
Purchase
2,812.50 Federated Prime Value Oblig Govt Oblig
Fund Inst.
0.31 Federated Prime Value Oblig Govt Oblig
Fund Inst.
435,000.00 US Treasury Note
0.75% Due 7/15/2019
2,581.25 Federated Prime Value Oblig Govt Oblig
Fund Inst.
455,000.00 FHLMC Note
1.375% Due 5/1/2020
575,000.00 Federated Prime Value Oblig Govt Oblig
Fund Inst.
5,750.00 Federated Prime Value Oblig Govt Oblig
Fund Inst.
2,384.38 Federated Prime Value Oblig Govt Oblig
Fund Inst.
455,000.00 FHLB Note
0.625% Due 8/7/2018
570,000.00 Federated Prime Value Oblig Govt Oblig
Fund Inst.
2,850.00 Federated Prime Value Oblig Govt Oblig
Fund Inst.
240,000.00 US Treasury Note
1.375% Due 8/31/2020
2,746,378.44
-462,313.74 Federated Prime Value Oblig Govt Oblig
Fund Inst.
-695,349.43 Federated Prime Value Oblig Govt Oblig
Fund Inst.
-1,157,663.17
1.000 0.01 % 2,812.50 0.00 2,812.50 0.00
1.000 0.01 % 0.31 0.00 0.31 0.00
99.950 0.77 % 434,780.56 159.58 434,940.14 0.00
1.000 0.01 % 2,581.25 0.00 2,581.25 0.00
101.172 1.05 % 460,332.60 1,981.14 462,313.74 0.00
1.000 0.01 % 575,000.00 0.00 575,000.00 0.00
1.000 0.01 % 5,750.00 0.00 5,750.00 0.00
1.000 0.01 % 2,384.38 0.00 2,384.38 0.00
99.491 0.89 % 452,684.05 189.58 452,873.63 0.00
1.000 0.01 % 570,000.00 0.00 570,000.00 0.00
1.000 0.01 % 2,850.00 0.00 2,850.00 0.00
101.032 1.11 % 242,475.80 0.00 242,475.80 0.00
2,751,651.45 2,330.30 2,753,981.75 0.00
1.000 -462,313.74 0.00-462,313.74 0.00
1.000 -695,349.43 0.00-695,349.43 0.00
-1,157,663.17 0.00-1,157,663.17 0.00
TOTAL ACQUISITIONS 1,588,715.27 1,593,988.28 2,330.30 1,596,318.58 0.00
DISPOSITIONS
Closing 08/25/2016 60934N807 -462,313.74 Federated Prime Value Oblig Govt Oblig 1.000 -462,313.74 0.00-462,313.74 0.00
Purchase Fund Inst.
Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 9/2/2016 12:18:29 AM
City of National City Consolidated
Account #10218
Transaction Ledger
7/31/16 Thru 8/31/16
Transaction Settlement Acq/Disp
Type Date CUSIP a uanti ': curity Descriptio: _ `:rice Yield
DISPOSITIONS
Closing
Purchase
08/31/2016 60934N807
Subtotal -1,157,663.17
Sale 08/02/2016 60934N807
Sale 08/25/2016 60934N807
Sale 08/31/2016 60934N807
Subtotal 1,592,603.31
Maturity 08/25/2016 3137EACW7
rity 08/31/2016 912828RF9
-695,349.43 Federated Prime Value Oblig Govt Oblig
Fund Inst.
434,940.14 Federated Prime Value Oblig Govt Oblig
Fund Inst.
462,313.74 Federated Prime Value Oblig Govt Oblig
Fund Inst.
695,349.43 Federated Prime Value Oblig Govt Oblig
Fund Inst.
575,000.00 FHLMC Note
2% Due 8/25/2016
570,000.00 US Treasury Note
Subtotal 1,145,000.00
o_
N
AL DISPOSITIONS 1,579,940.14
1% Due 8/31/2016
1.000
-695,349.43
0.00-695,349.43
0.00
-1,157,663.17 0.00-1,157,663.17 0.00
1.000 0.01 % 434,940.14 0.00 434,940.14 0.00
1.000 0.01 % 462,313.74 0.00 462,313.74 0.00
1.000 0.01 % 695,349.43 0.00 695,349.43 0.00
1,592,603.31 0.00 1,592,603.31 0.00
100.000 575,000.00 0.00 575,000.00 -29,762.00
100.000 570,000.00 0.00 570,000.00 -11,357.38
1,145,000.00
0.00 1,145,000.00 -41,119.38
1,579,940.14
0.00 1,579,940.14 -41,119.38
OTHER TRANSACTIONS
Interest 08/01/2016 3137EADK2
Interest 08/08/2016 3135G0TG8
Interest 08/25/2016 3137EACW7
Interest 08/28/2016 3135G0MZ3
Interest 08/31/2016 912828RF9
Subtotal
450,000.00 FHLMC Note
1.25% Due 8/1/2019
590,000.00 FNMA Note
0.875% Due 2/8/2018
575,000.00 FHLMC Note
2% Due 8/25/2016
545,000.00 FNMA Note
0.875% Due 8/28/2017
570,000.00 US Treasury Note
1% Due 8/31/2016
2,730,000.00
0.000 2,812.50
0.000 2,581.25
0.000 5,750.00
0.000 2,384.38
0.000 2,850.00
16,378.13
0.00 2,812.50 0.00
0.00 2,581.25 0.00
0.00 5,750.00 0.00
0.00 2,384.38 0.00
0.00 2,850.00 0.00
0.00 16,378.13 0.00
Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 9/2/2016 12:18:29 AM
, I City of National City Consolidated
Account #10218
Transaction Ledger
7/31/16 Thru 8/31/16
Transaction Settlement
Type Date
Security Description
Acq/Disp
Price Yield
Amount
Interest
Pur/Sold Total Amount Gain/Loss
OTHER TRANSACTIONS
Dividend
08/02/2016 60934N807
Subtotal
17,679.24 Federated Prime Value Oblig Govt Oblig
Fund Inst.
17,679.24
0.000
0.31
0.00
0.31 0.00
0.31
0.00
0.31 0.00
TOTAL OTHER TRANSACTIONS 2,747,679.24
16,378.44 0.00
16,378.44 0.00
0
N
0)
r\)
Chandler Asset Management - CONFIDENTIAL Page 8 Execution Time: 9/2/2016 12:18:29 AM
CC/CDC-HA Agenda
10/18/2016 — Page 132
The following page(s) contain the backup material for Agenda Item: Warrant Register
#11 for the period of 09/07/16 through 09/13/16 in the amount of $1,970,029.42.
(Finance)
132 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE:
Warrant Register #11 for the period of 09/07/16 through 09/13/16 in the amount of $1,970,029.42.
(Finance)
PREPARED BY: K. Apalategui
PHONE: 619-336-4572.
DEPARTMENT: Finance
APPROVED BY: 1//
EXPLANATION:
Per Government Section Code 37208, attached are the warrants issued for the period of 09/07/16
through 09/13/16.
Consistent with Department of Finance, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
Folsom Lake Ford 325269 220,229.00 2016 Ford Explorer / Police
SDG&E 325331 66,292.07 Facilities Division Gas & Electric Utilities
Whillock Contracting 325353 93,453.40 Playhouse Demolition Project
Public Emp Ret System 9082016 408,827.48 Service Period 08/16/16 — 08/29/16
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $1,970,029.42.
APPROVED:
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
;Ratify warrants totaling $1,970,029.42
BOARD / COMMISSION RECOMMENDATION:,
N/A
ATTACHMENTS:
Warrant Register ##11
Finance
MIS
133 of 262
1/3
PAYEE
DUNBAR ARMORED INC
ENTERPRISE FLEET MANAGEMENT
FOLSOM LAKE FORD
FUN FLICKS OUTDOOR MOVIES
ADMINSURE INC
ADMINSURE INC
AIRGAS WEST
ALDEMCO
ALL FRESH PRODUCTS
ALL THE KINGS FLAGS
AT&T
AZTEC APPLIANCE
BLACK, N
BOGLE, J
BROADWAY AUTO ELECTRIC
CITY OF NATIONAL CITY
CITY OF SAN DIEGO
CLF WAREHOUSE
COMMERCIAL AQUATIC SERVICE INC
COUNTY OF SAN DIEGO
COX COMMUNICATIONS
CWEA MEMBERSHIP
CYNTHIA TITGEN CONSULTING INC
DANIELS TIRE SERVICE
DIAZ, E
D-MAX ENGINEERING
DOCUFLOW SOLUTIONS INC
EQUIFAX INFORMATION SVCS
ERUM, R
FON JON PET CARE CENTER
FORTEL TRAFFIC INC
GOVCONNECTION INC
GRAINGER
GROSSMAN PSYCHOLOGICAL
GTC SYSTEMS INC
HONEYWELL INTERNATIONAL INC
JM NATIONAL CITY SD LLC
KIMBLE, R
KONICA MINOLTA
KREPPS, B
LAFRENIERE, M
LASER SAVER INC
MADAMBA, J
MATLOCK, J
MELLADO DESIGNS
METRO AUTO PARTS DISTRIBUTOR
NAN MCKAY AND ASSOC INC
MATTHEWS, N
OFFICE SOLUTIONS BUSINESS
PATIO
- SlCOR ORaT'W
WARRANT REGISTER #11
9/13/2016
DESCRIPTION CHK NO PATE AMOUNT
ARMORED SERVICES / FINANCE 325267 9/8/16 655.16
ENTERPRISE FLEET LEASE AND MANAGEMENT 325268 9/8116 14,516.51
2016 FORD EXPLORER / POLICE 325269 9/8/16 220,299.00
PREMIERE MOVIE SCREEN / CSD 325270 9/8/16 1,149.00
WC CLAIMS ADMINISTRATION / AUGUST 325271 9/13/16 10,800.33
WC CLAIMS ADMINISTRATION / SEPT 325272 9/13/16 6,948.33
MOP#45714 SUPPLIES / PW 325273 9/13/16 537.99
FOOD / NUTRITION CENTER 325274 9/13(16 3,349.27
FOOD / NUTRITION CENTER 325275 9/13/16 755.27
CITY WIDE FLAGS & ACCESSORIES / PW 325276 9/13/16 256.80
AT&T SBC ANNUAL PHONE SERVICE FOR FY17 325277 9)13/16 357.32
CITY WIDE APPLIANCE PURCHASES FOR FY 326278 9/13/16 535,68
EDUCATION REIMBURSEMENT 325279 9/13/16 150.00
EDUCATION REIMBURSEMENT 325280 9/13/16 150.00
MOP#72447 SUPPLIES / PW 325281 9/13/16 272.50
PETTY CASH REPLENISHMENT 1 JULY 2016 325282 9/13/16 647.53
TRANSPORTATION / TREATMENT FEES OF SEWER 325283 9/13/16 944.25
MOP#80331 SUPPLIES / PW 325284 9/13/16 380.16
CHEMICAL SUPPLIES FOR POOL/ PW 325285 9113116 6,157.30
REGIONAL COMMUNICATIONS SYSTEMS JULY 2016 325286 9/13/16 8,167.50
COX DATA SERVICES / SEPTEMBER 325287 9/13116 4,044.38
MEMBERSHIP-CWEA / PW 325288 9/13/16 184.00
WC CONSULTING SERVICES / AUGUST 2016 325289 9/13/16 2,625.00
MOP#76896 TIRES 1 PW 325290 9/13/16 226.75
EDUCATION REIMBURSEMENT 325291 9113/16 150.00
N.C. CALFIRE URBAN F. PROJECT 325292 9/13/16 8,085,00
REPAIR TYPEWRITER / FINANCE 325293 9/13/16 155.00
CREDIT CHECK SERVICES / SEC 8 325294 9/13/16 152.33
REFUND OF DEPOSIT OF T&A 90136 325295 9/13/16 1,329.24
GROOMING OF K9 / PD 325296 9/13/16 630.00
SERVICE AND MAINTENANCE FOR TRAFFIC SIGN 325297 9/13/16 7,246.98
CISCO CATALYST 3850 4-8-PORT FULL POE IP / MIS 325298 9/13/16 13,173.60
MOP#65179 SUPPLIES / PW 325299 9113116 1,187.82
PRE EMPLOYMENT PSYCHOLOGICAL TEST / PD 325300 9/13/16 1.375.00
TEMP DESKTOP SUPPORT SERVICES / MIS 325301 9/13/16 600.00
CITY WIDE HVAC MAINTENANCE 1 PW 325302 9/13/16 30,390.00
FOOD FOR INSTRUCTORS / FIRE 325303 9/13/16 315.00
RETIREE HEALTH BENEFITS / AUG 2016 325304 9/13/16 300.00
COPIER EQUIPMENT LEASE / AUGUST 2016 325305 9/13/16 2,078.23
EDUCATION REIMBURSEMENT 325306 9/13/16 630.00
EDUCATION REIMBURSEMENT 325307 9/13/16 150.00
MOP 45725 INK CARTRIDGES / MIS 325308 9/13/16 1,475.00
REIMB/SUBDIVISION MAP ACT CLASS/PLANNING 325309 9/13/16 18.24
EDUCATION REIMBURSEMENT 325310 9/13/16 388-48
T-SHIRTS 1 CM SOTELO-SOLIS 325311 9/13/16 132.84
MOP#75943 SHOP SUPPLIES / PW 325312 9/13/16 208.63
SHIPPING / HOUSING REGULATIONS CD / SECS 325313 9/13/16 25.00
ADV ALLOWANCE AFT POST SUB / PD 325314 9/13/16 335,50
CHAIR / NSD 134 of 262 325315 9/13/16 769.54
�-+ CALI 1 O,RNf iA.
2/3
PAYEE
ONLC TRAINING CENTERS
PACIFIC PRODUCTS & SERVICES
PACIFIC SAFETY CENTER
PCS MOBILE
PENSKE FORD
POWERSTRIDE BATTERY CO INC
PRO B !LD
PROJECT PROFESSIONALS CORP
PRUDENTIAL OVERALL SUPPLY
RANDALL LAMB ASSOCIATES INC
SAM'S ALIGNMENT SERVICE
SAN DIEGO FRICTION PRODUCTS
SAN DIEGO CAS & ELECTRIC
SAN DIEGO UNION TRIBUNE
SANCHEZ, E
SDG&E
SEAPORT MEAT COMPANY
SHERWIN WILLIAMS
SIMPLEXGRINNELL LP
SITEONE LANDSCAPE SUPPLY LLC
SMART & FINAL
SOUTHERN CALIF TRUCK STOP
SPEEDPRESS
STAPLES BUSINESS ADVANTAGE
STAPLES BUSINESS ADVANTAGE
SUPERIOR READY MIX
SWEETWATER AUTHORITY
SYSCO SAN DIEGO INC
T MAN TRAFFIC SUPPLY
THOMSON REUTERS WEST
TOPECO PRODUCTS
U S BANK
U 5 HEALTHWORKS
VERIZON WIRELESS
VISTA PAINT
WAXIE SANITARY SUPPLY
WESTFLEX INDUSTRIAL
WHILLOCK CONTRACTING
WILLY'S ELECTRONIC SUPPLY
ABLE PATROL & GUARD
AMAZON
BAKER & TAYLOR
EBSCO INFORMATION SERVICES
LIEU, C
MIDWEST TAPE
SMART & FINAL
STAPLES BUSINESS ADVANTAGE
U S POSTMASTER
NATION
WARRANT REGISTER #11
9/13/2016
DESCRIPTION
NETWORKING COURSES / MIS
TRAFFIC SUPPLIES / PW
ANNUAL MEMBERSHIP RENEWAL / PW
RETROFIT TO GPS AND 4G AT&T LTE/ MIS
MOP#49078 SHOP SUPPLIES / PW
MOP#67839 SHOP SUPPLIES / PW
MOP#i5707 SUPPLIES / PW
EL TOYON SQUAD PRESENTATION / FD
MOP#45742 LAUNDRY / PW
CORRECTIVE ACTION PHASE PROJECT
MOP#72442 AUTO PARTS / PW
MOP#80333 AUTO PARTS / PW
GAS & ELECTRIC UTILITIES / NUTRITION
PUBLIC NOTICING/PLANNING COMMISSION
EDUCATION REIMBURSEMENT
FACILITIES DIVISION GAS & ELECTRIC UTILITIES
MEAT / NUTRITION CENTER
MOP#77816 PAINT SUPPLIES / PW
RIBBON FOR TIME STAMP MACHINE
MOP#69277 HORTICULTURAL ITEMS / PW
MOP 45756. SUPPLIES FOR FIRE DEPT
MOP#45758 SUPPLIES / PW
FITS GRAPHTEC / PW
MOP #45704 COPY PAPER
MOP 45704. OFFICE SUPPLIES / RISK
TACK OIL, 3/8 SHEET AND COLD MIX
STREETS DIVISION WATER UTILITIES
FOOD / NUTRITION CENTER
MOP#76666 TRAFFIC SUPPLIES / PW
ONLINE LEGAL RESEARCH / JULY 2016
MOP#63849 AUTO PARTS / PW
CREDIT CARD EXPENSES/PD
PRE -EMPLOYMENT PHYSICAL EXAMS
VERIZON CELLULAR SERVICE / AUG 2016
MOP#68834 PAINT SUPPLIES / PW
MISCELLANEOUS JANITORIAL SUPPLIES / PW
MOP#63850 AUTO SUPPLIES / PW
PLAYHOUSE DEMOLITION PROJECT
MOP45763 - ELECTRICAL SUPPLIES / MIS
SECURITY GUARD SERVICES / LIBRARY
BOOKS / LIBRARY
BOOKS / LIBRARY
ON-LINE SUBSCRIPTIONS / LIBRARY
MATERIALS FOR TUTORS & LEARNERS / LIBRARY
DVD'S / LIBRARY
MOP #45756 - SUPPLIES / LIBRARY
MOP#45704 - SUPPLIES / LIBRARY
POSTAGE FOR OVERDUE NOT CES / LIBRARY
135 of 262
CHK NO DATE AMQUNT
325316 9/13/16 9,876.05
325317 9/13/16 9,222.42
325318 9/13/16 145.00
325319 9/13/16 4,905.00
325320 9/13/16 214.30
325321 9/13/16 154.50
325322 9/13/18 1,144.13
325323 9/13/16 4,522.50
325324 9/13/16 472.24
325325 9/13/16 825.00
325326 9113/16 180.00
325327 9/13/16 48.49
325328 9/13/16 204.51
325329 9/13116 475.80
325330 9/13/16 103.00
325331 9/13/16 66,292.07
325332 9/13/16 834.16
325333 9/13116 1,531.25
325334 9/13/16 157.60
325335 9/13/16 1,480.29
325336 9/13/16 41.90
325337 9/13/16 97.01
325338 9/13/16 239.55
325339 9/13/16 210.69
325340 9/13/16 514.59
325341 9/13/16 332.86
325342 9/13/16 471.66
325343 9/13/16 5,189.98
325344 9/13/16 493.77
325345 9/13/16 967.44
325346 9/13/16 41.28
325347 9/13/16 958.54
325348 9/13/16 506.00
325349 9/13/16 150.37
325350 9/13116 2,165.24
325351 9/13/16 166.82
325352 9/13/16 617.66
325353 9/13/16 93,453.40
325354 9/13/16 492.65
325355 9/13/16 3,363.10
325356 9/13/16 175.50
325357 9/13/16 526.88
325358 9/13/16 16,899.00
325359 9/13/16 150.68
325360 9/13/16 349.29
325361 9/13/16 118.13
325362 9/13/16 760.00
325363 9/13/16 98.00
AMP Total 587,751.76
* C:AI 1FO.:.N14.:+0r-
3/3
PAYEE
WIRED PAYMENTS
PUBLIC EMP RETIREMENT SYSTEM
SECTION 8 HAPS
PAYROLL
Pay period
19
WARRANT REGISTER #11
9/13/2016
pESCRIPnoN
CHK NO DATE AMOUNT
SERVICE PERIOD OS/16/16 - 08/29/16 9082016 9/8f16
Start Date End Date
9/7/2019 9/13/2016
Start Date End Date Check Date
8/30/2016 9/12/2016 9/21 /2016
408,827,46
9,079.07
964,371.11
GRAND TOTAL $1,970,029.42
136 of 262
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.
MARK ROBERRS, FINANCE LESLIE DEESE, CITY MANAGER
FINANCE COMMITTEE
RONALD J. MORRISON, MAYOR -CHAIRMAN
JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER
MONA RIOS, MEMBER ALBERT MENDIVIL, 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 TIIE 1811' OF OCiOBER, 2016.
AYES
NAYS
ABSENT
137 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 138
The following page(s) contain the backup material for Agenda Item: Warrant Register
#12 for the period of 09/14/16 through 09/20/16 in the amount of $1,379,544.19.
(Finance)
138 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE:
Warrant Register #12 for the period of 09/14/16 through 09/20/16 in the amount of $1,379,544.19.
(Finance)
PREPARED BY: :K. Apalategui
PHONE: 619-336-4572
EXPLANATION:
Per Government Section Code 37208, attached are the warrants issued for the period of 09/14/16
through 09/20/16.
Consistent with Department of Finance, listed below are all payments above $50,000.
Vendor
Folsom Lake Ford
CheckiWire
325370
Fordyce Construction Inc 325371
Innovative Construction 325374
West Tech Contracting Inc 325390
Western Rim Constructors 325391
Amount
219,038.99
126,410.78
62,927.00
467,172.18
334,331.94
DEPARTMENT: Finan
APPROVED BY: C�
Explanation
2016 Ford Explorer / Police
Las Palmas/Pool/Gym Project / Eng
Kimball Park Project / Eng
Paradise Creek Restoration Project / Eng
Kimball, El Toyon/Skate Park Project / Eng
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $1,379,544.19.
APPROVED: if
Finance
APPROVED: MIS
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Ratify warrants totaling $1,379,544.19.
BOARD / COMMISSION RECOMMENDATION:
NIA
ATTACHMENTS:
Warrant Register #12
139 of 262
1/1
PAYEE
PARADISE PRINTING & GRAPHICS
AETNA RESOURCES FOR LIVING
ASPEN RISK MANAGEMENT GROUP
CHILDREN'S HOSPITAL
CIRCULATE SAN DIEGO
D-MAX ENGINEERING
FOLSOM LAKE FORD
FORDYCE CONSTRUCTION INC
GRANICUS INC
HARRIS & ASSOCIATES
INNOVATIVE CONSTRUCTION
IRON MOUNTAIN
KIMLEY HORN AND ASSOC INC
KTU&A
MUTHUSAMY, K
OFFICE SOLUTIONS BUSINESS
PROJECT PROFESSIONALS CORP
RANDALL LAMB ASSOCIATES INC
RELY ENVIRONMENTAL
SAN DIEGO UNION TRIBUNE
SCST INC
SDLRLA
TELLEZ, J
U S BANK
WAVETEC CONSTRUCTION
WAXIE SANITARY SUPPLY
WEST TECH CONTRACTING INC
WESTERN RIM CONSTRUCTORS INC
WILLY'S ELECTRONIC SUPPLY
WTS SAN DIEGO KLEINFELDER
PARKER, D
WIRED PAYMENTS
PAYCHEX BENEFIT TECHNOLOGIES
ARCO BUSINESS SOLUTIONS
SECTION 8 HAPS PAYMENTS
CAt4F0:RNlA a01 ,
, I
It
L - : thiE Pd> ATVW
WARRANT REGISTER #12
9/20/2016
DESCRIPTION CHK NO
SCHOOL CALENDARS / PD 325364
EMPLOYEE ASSISTANCE PROGRAM I SEPT 2016 325365
RISK MGMT FIELD VISIT OBSERVATIONS JUNE 2016 325366
NC SAFE ROUTE TO SCHOOL PROJECT / ENG 325367
ACTIVE TRANSPORTATION PROJECT
STORMWATER SERVICES 2015-2016
2016 FORD EXPLORER / POLICE
LAS PALMAS /POOL/GYM PROJECT I ENG
MONTHLY MANAGED SERVICE / MIS
ON -CALL PROJECT SUPPORT SERVICES
KIMBALL PARK PROJECT / ENG
DOCUMENT MANAGEMENT & STORAGE
EL TOYON - LAS PALMAS BIKE PROJECT
PLAZA BLVD, CONST. ADMINIST. PROJECT
MILEAGE REIMB FOR OFFSITE MEETINGS / ENG
MOBILE TRAINING TABLE / COUNCIL CHAMBERS
PARADISE CREEK ED. PROJECT
N.C. FACILITIES MAINT, PROJECT
ON -CALL ENVIRONMENTAL MGM SERVICES
LEGAL NOTICE ADVERTISING
DIVISION STREET PROJECT
ASSOCIATION MEMBERSHIP / R. MORRISON
REIMB: COLORADO MARIJUANA IMPACT / PD
CREDIT CARD EXPENSES / FIRE
726 W. 19TH ET. PROJECT
JANITORIAL SUPPLIES / PW
PARADISE CREEK RESTORATION PROJECT / ENG 325390
KIMBALL, EL TOYON & SKATE PARK PROJECT / ENG 325391
MOP #45763 ELECTRICAL SUPPLIES / PW 325392
WTS SD ANNUAL AWARDS GALA / MORRISON 325393
STATE OF THE CITY PRODUCTION & EDITING 325394
BENETRAC ESR SVCS BASE FEE SEP 2016
FUEL FOR CITY FLEET AUGUST 2016
Start Date End Date
9/14/2016 9/20/2016
DATE AMOUNT
9/20/16 7,342.92
9/20/16 801,92
9/20/16 8,100.00
9/20/16 22,780.92
32536E 9/20/16 1,801.74
325369 9/20/16 27,638.32
325370 9/20/16 219,038.99
325371 9/20/16 125,410.78
325372 9/20/16 1,477.35
325373 9/20/16 520.00
325374 9/20/16 62,927.00
325375 9/20/16 167.21
325376 9/20/16 3,211.22
325377 9/20/16 326.25
325378 9/20/16 112.22
325379 9/20/16 304.11
325380 9/20/16 5,835.00
325381 9/20/16 4,682.50
325382 9/20/16 4,152.50
325383 9/20/16 210.20
325384 9120/16 16,851.00
325385 9/20/16 100.00
325386 9/20/16 194.12
325387 9/20/16 669,79
325388 9/20/16 31,988.00
325389 9/20/16 774.34
9/20/16 467,172.18
9/20/16 334,331.94
9/20/16 26.05
9/20/16 95.00
9/20/16 500.00
ALP Total 1,350,543.57
668275 9/16/16 418.00
934836 9/14/16 25,677.62
2,905.00
GRAND TOTAL $1,379,544.19
140 of 262
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 TI-IAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
1/1/
'MARK ROBERTS_ FINANCE LESLIE DEESE, CITY MANAGER
FINANCE COMMITTEE
RONALD J. MORRISON, MAYOR-CliAti MAN
JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER
MONA RIOS, MEMBER ALBERT MENDNIL, MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER I5 AUTHOREZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 15th OF OCTOBER, 2016.
AYES
NAYS
ABSENT
141 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 142
The following page(s) contain the backup material for Agenda Item: An Ordinance of the
City Council of the City of National City amending Title 10 of the National City
Municipal Code to establish the City Council's authority to govern the sale or use of
alcoholic beverages in city -owned buildings operated and controlled
142 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE:
An Ordinance of the City Council of the City of National City amending Title 10 of the National City Municipal
Code to establish the City Council's authority to govern the sale or use of alcoholic beverages in city -owned
buildings operated and controlled by third parties, within a public park, through written agreements with the
City.
PREPARED BY: Stacey Stevenson
PHONE: 336-4308 APPROVED BY:
EXPLANATION:
Under the provisions of the City of National City Municipal Code, Title 10, Chapter 10.30 — Regulation of Alcoholic
Beverages in Public Venues and Places, "It is unlawful for any person in any city park or in any adjacent city -owned public
place to consume any alcoholic beverage or to possess an open alcoholic beverage container" (Section 10.30.030). Section
10.30.040 carves out an exception, allowing for the sale or use of alcoholic beverages in such facilities "in conjunction with
an application for a temporary use permit pursuant to Chapter 15.60". The purpose of the proposed amendment is to further
clarify the exception under Section 10.30.040 to include the authority of the City Council to govern the sale and use of
alcoholic beverages in city -owned buildings, within a park when such buildings are controlled and operated by third parties
through written agreement with the City. Similar to the temporary use permit provision, the addition allows the City Council
to add specific provisions related to the sale and consumption of alcohol to the written operating agreement for such
buildings on a case -by -case basis. The proposed language is as follows (proposed language is underscored):
DEPARTMENT: City Manager
Section 10.30.40 — Exception — City buildings within city parks.
"Notwithstanding the provisions of Section 10.30.030, the city council may allow the sale or use of alcoholic beverages in a
city -owned building located within a public park in conjunction with an application for a temporary use permit pursuant to
Chapter 15.60 or under the provisions of a written operating agreement when such buildings are operated and controlled by a
third party.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
There is no fiscal impact associated with this action.
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, is not subject to environmental review.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Introduce the Ordinance amending City of National City Municipal Code Section10.30.040.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Ordinance for Introduction
143 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 144
The following page(s) contain the backup material for Agenda Item: Ordinance repealing
Chapter 10.18 (Beekeeping) and adding Chapter 8.34 to Title 8 of the National City
Municipal Code to allow for beekeeping in the City. (Applicant City -Initiated) (Case File
2016-05 A) (Planning)
144 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE:
Ordinance repealing Chapter 10.18 (Beekeeping) and adding Chapter 8.34 to Title 8 of the National City
Municipal Code to allow for beekeeping in the City. (Applicant City -Initiated) (Case File 2016-05 A)
PREPARED BY: Martin Reeder, AICP
PHONE: 619-336-4313
EXPLANATION:
DEPARTMENT: Plan
APPROVED BY:
At the City Council of October 5, 2016, City Council introduced an Ordinance repealing Chapter 10.18
(Beekeeping) and adding Chapter 8.34 to Title 8 of the National City Municipal Code to allow for beekeeping
in the City. As part of the introduction, staff was asked to add "Open Space" as one of the zones where
beekeeping would be permitted. Only residential and institutional zones were previously included. The change
is intended to allow institutions such as Stein Farm, which are not located in the Institutional zone, to also have
the option to keep bees.
The attached Ordinance contains the requested change.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
Finance
MIS
ENVIRONMENTAL REVIEW:
Exempt from CEQA under Class 7. Section 15307 - Actions by Regulatory Agencies for Protection of
Natural Resources
ORDINANCE: INTRODUCTION:
FINAL ADOPTION: D(
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Ordinance
145 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 146
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City 1) Authorizing the City Manager to Negotiate
an Agreement with the San Diego Metropolitan Transit System to License and Regulate
For -Hire Vehicles Operating in the City of National City; 2) Autho
146 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016 AGENDA ITEM NO.
ITEM TITLE•
Resolution of the City Council of the City of National City 1) Authorizing the City Manager to Negotiate an
Agreement with the San Diego Metropolitan Transit System to License and Regulate For -Hire Vehicles Operating
in the City of National City; 2) Authorizing the City Manager to Negotiate an Agreement with the San Diego County
Sheriff's Department to Perform National City Business Tax License Checks of Operators Applying for San Diego
Metropolitan Transit System For -Hire Vehicle Permits; and 3) Authorizing Staff to Prepare Amendment(s) and/or
Repeal(s) of the National City Municipal Code Section(s) Applicable to For -Hire Vehicle Businesses, as Necessary.
PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance�
PHONE: 619-336-4265 APPROVED BY: `7/74 ,G -
EXPLANATION:
See attached staff report.
FINANCIAL STATEMENT:
ACCOUNT NO.
NA
APPROVED: `-77/1/44%
Finance
APPROVED: MIS
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the resolution, authorizing the City Manager to negotiate agreements regarding for -hire vehicle program administration
with the San Diego Metropolitan Transit System and San Diego County Sheriff's Department and authorizing staff to prepare
the necessary amendment to the National City Municipal Code.
BOARD / COMMISSION RECOMMENDATION:
NA
ATTACHMENTS:
1. December 10, 2013 Staff Report of City Attorney and Director of Administrative Services
2. May 21, 1991 Council Agenda Statement of Chief of Police
3. NCMC Chapter 6.04 Sections (260 and 310) — Business Tax License
4. NCMC Chapter 11.70 — Regulation and Licensing of Transportation Services
Resolution
I14/OTLbL
+ CALIFORNIA
NATIONAL CITY
ALAV
INCORPORATED
City Council Staff Report
October 18, 2016
ITEM
Resolution of the City Council of the City of National City 1) Authorizing the City Manager to
Negotiate an Agreement with the San Diego Metropolitan Transit System to License and
Regulate For -Hire Vehicles Operating in the City of National City; 2) Authorizing the City
Manager to Negotiate an Agreement with the San Diego County Sheriff's Department to
Perform National City Business Tax License Checks of Operators Applying for San Diego
Metropolitan Transit System For -Hire Vehicle Permits; and 3) Authorizing Staff to Prepare
Amendment(s) and/or Repeal(s) of the National City Municipal Code Section(s) Applicable to
For -Hire Vehicle Businesses, as Necessary.
PURPOSE
The purpose of this report is to provide the City Council with information regarding the
licensing and regulation of taxicabs and other for -hire paratransit vehicles (collectively referred
to as "for -hire vehicles" through the remainder of this staff report) operating within National City
and a recommendation to authorize negotiation of the transfer of the administration of the for -
hire vehicle program to the San Diego Metropolitan Transit System, negotiation of an agreement
with the San Diego County Sheriff's Department to perform checks to ensure operators seeking
MTS permits hold National City business licenses, and preparation of amendments and/or
repeals of the relevant sections of the National City Municipal Code.
At the December 10, 2013 City Council meeting, the City Attorney and Director of
Administrative Services delivered a staff report regarding the status of the for -hire vehicle
program and the City's options with respect to the future administration of the program. A copy
of the report is included with this agenda item for your reference, and information from said
report pertinent to this discussion and subsequent recommendations is referenced in this report.
BACKGROUND
Prior to July 1991, the licensing and regulation of for -hire vehicles operating within National
City was performed by the National City Police Department. From July 1991 through December
2004, the Metropolitan Transit Development Board ("MTDB") licensed and regulated the
operation of for -hire vehicles in the City, pursuant to an agreement between the City and MTDB.
In January 2005, the responsibility was returned to the City. The City Council elected not to
148 of 262
extend the term of its agreement with MTDB, by approval of Resolution 2004-233 on December
21, 2004, in part, due to MTDB's limitation on the number of taxicab operation permits it could
issue in National City. On the same date, via Resolution 2004-232, the City Council authorized
the issuance of permits to allow the three companies permitted to operate sixty-five taxis within
the City of National City under the expiring agreement with MTDB to continue to operate the
same numbers of taxis upon submission of permit applications and payment of annual permit
fees. Shortly thereafter (date unknown), the City Council authorized a total of twenty additional
permits for two companies, increasing the number of permits available to eighty-five (for five
companies), although the total issued peaked at seventy-five.
In anticipation of the termination of the MTDB agreement, the City Council adopted Ordinance
No. 2004-2256, enacting Municipal Code Chapter 11.70 providing for the licensing and
regulation of transportation services within the City. On that same date, the Council approved
Resolution 2004-230, approving the implementation of regulations for paratransit vehicles.
Since the City resumed administration of the for -hire vehicle program, permitting has been
performed by the National City Depat tuient of Finance. Field enforcement of for -hire vehicle
regulations falls to the National City Police and Neighborhood Services Depat Intents.
In 2005, MTDB, San Diego Transit, and the San Diego Trolley consolidated into one entity, the
Metropolitan Transit System ("MTS").
On November 10, 2014, the City Council of the City of San Diego voted to eliminate the limit on
the number of taxicab operating permits available from MTS.
DISCUSSION
Service
As discussed above, the City of National City currently has self-administered its for -hire vehicle
program since January 2005. While the City Council of the City of National City has approved a
"soft" limit of eighty-five taxicab permits, the number of permits issued peaked at seventy-nine
in 2006 and has declined to six today. MTS administers the for -hire vehicle programs of seven
cities in San Diego County — San Diego, El Cajon, Imperial Beach, La Mesa, Lemon Grove,
Poway, and Santee. Presently, approximately one thousand two hundred taxis are operated under
MTS authority, all of which may conduct business in any city with an MTS agreement. (These
totals do not include vehicles authorized to operate at the San Diego International Airport, which
separately issues permits for taxicab operation on airport premises, or those permitted by the San
Diego County Sheriff's Department for the unincorporated areas of the County, although there
likely is "overlap," i.e., vehicles operating with permits from more than one issuer.)
Regulations & Enforcement
The National City Municipal Code ("the NCMC") requires for -hire vehicles to meet stringent
standards for vehicular safety, signage or markings, fees, internal and external aesthetics, and
driver appearance. However, at current staffing levels, it is operationally burdensome for City
staff to conduct inspections to ensure such vehicles operating in National City are in
conformance with those standards. MTS's for -hire vehicle regulations are similar to those of
149 of 262
National City, and MTS's resources allow it to carry out administration and enforcement
functions more efficiently than the City of National City and the seven cities for which it
currently performs them.
Revenue
Permitting
Section 11.70.030 of the National City Municipal Code, requires that a permit be obtained from
the City and renewed annually for each for -hire vehicle operated. The City receives a fee of one
hundred dollars for each permit renewal, which currently results in annual revenue (from the
currently permitted taxis) of six hundred dollars. Other, higher fees and charges apply to first-
time permit applicants and to presently authorized operators applying for additional vehicle
permits, but no application has been received from a new operator or from an operator requesting
an additional permit(s) since August 2006.
Notwithstanding the amounts currently or potentially collected, permit revenues are offset by the
for -hire vehicle program's expenses, in accordance with the provision of the California
Constitution (Ca1.Const. Art. 13C, § 1) prohibiting a charge imposed by a local government from
exceeding the reasonable administrative and regulatory costs of the associated program. Hence,
there may be, and is, no net financial benefit to the City from these revenues.
Business Tax Licensing
In addition to requiring a permit, the NCMC dictates that a National City business tax license be
acquired for each taxi operating within the City (NCMC §§ 6.04.260[A] and 6.04.310[A]). The
tax applicable to taxicab operators is sixty-five dollars (per vehicle) per year, resulting in annual
revenue of three hundred ninety dollars from the six presently permitted cabs. (The
aforementioned constitutional restriction does not apply to taxes.)
The business tax obligation of for -hire vehicle operators is not predicated upon whether vehicle
permits are issued by the City; therefore, this revenue would remain receivable if administration
of the for -hire vehicle program were transferred to MTS. Under an agreement with a city for
which MTS administers the for -hire vehicle program, the San Diego County Sheriff's
Department will perform checks to ensure operators seeking MTS permits hold business licenses
from that city.
Cost
The cost to the City of the for -hire vehicle program as presently administered is negligible and,
as noted above, is offset by permit fees and charges collected. There would be no cost associated
with an agreement with MTS to administer the program nor with an agreement with the San
Diego County Sheriff's Department to perform business tax license checks.
CONCLUSION
As noted above, the City lacks the resources to adequately inspect taxicabs, operators, and
drivers or to otherwise effectively enforce its for -hire vehicle regulations. Entering into an
150 of 262
agreement with MTS authorizing it to regulate for -hire vehicles operating within National City
limits would ensure more effective performance of these functions. In addition, six taxis operate
within the City today, while one thousand two hundred operate under MTS authority in seven
other cities in southwestern San Diego County. Therefore, if National City is added to the cities
in which MTS-permitted taxis may operate, substantially more cabs would be able to conduct
business in the City and service likely would improve. Finally, should the City Council decide in
favor of MTS regulation, the negative financial impact on the City, if any, would be
insignificant, given for -hire vehicle permit fee revenue and the administrative expenses of the
program balance "wash" and business tax revenue is nominal. However, since it is likely more
taxicab operators would conduct business within National City and business tax revenue would
remain receivable, revenue could increase, depending upon operator compliance. Entering an
agreement with the San Diego County Sheriff's Department to perform business license checks
would increase the likelihood of compliance and overall revenue at no additional cost to the City.
RECOMMENDATIONS
Staff recommends the City Council adopt a resolution authorizing the following:
• negotiation of an agreement with the San Diego Metropolitan Transit System to license
and regulate for -hire vehicles operating in the City of National City;
• negotiation of an agreement with the San Diego County Sheriff's Department to perform
National City business tax license checks of operators applying for San Diego
Metropolitan Transit System for -hire vehicle permits; and
• preparation of amendment(s) and/or repeal(s) of the National City Municipal Code
section(s) applicable to for -hire vehicle businesses, as necessary.
FISCAL IMPACT
At this time, it is not possible to determine the net impact of approval of the above
recommendations, as it would be dependent upon the number of taxicab operators choosing to
conduct business within National City and their compliance with the City's business tax license
requirement. However, the potential negative impact would be three hundred ninety dollars, the
current annual business tax revenue received from taxi operators, which would be lost if
operators do not comply with the City's business tax license requirement.
NEXT STEPS
If the above recommendations are approved, staff will contact MTS and the San Diego County
Sheriff's Department to begin negotiation of the terms of the necessary agreements.
Concurrently, staff will undertake the preparation of the necessary amendments and/or repeals of
NCMC sections applicable to for -hire vehicles.
ATTACHMENTS
Attachment 1 — December 10, 2013 Staff Report of City Attorney and Director of Administrative
Services
Attachment 2 — May 21, 1991 Staff Report of Chief of Police
151 of 262
Attachment 3 — NCMC Chapter 6.04 Sections (260 and 310) — Business Tax License
Attachment 4 — NCMC Chapter 11.70 — Regulation and Licensing of Transportation Services
152 of 262
-0— CALIFORNIA
NATIONAL eif
INCORPORATED
CITY OF NATIONAL CITY
MEMORANDUM
DATE: December 10, 2013
TO: Honorable Mayor and City Council
FROM: Claudia Silva, City Attorney
Stacey Stevenson, Director of Administrative Services
SUBJECT: Report on the Administration of Taxicabs and Other For -Hire Paratransit Vehicles
Purpose
The purpose of this report is to provide the City Council of the City of National City with an
update on the status of the City's taxicab and paratransit program. The report concludes with
options for the City Council related to the future administration of the program.
Background / Chronology
Prior to 1992, the licensing and regulation of taxicabs in the City of National City was performed
by the Police Department.
In July, 1991 the City of National City entered into an agreement with the Metropolitan Transit
Development Board (MTDB) authorizing MTDB to regulate taxicabs and other for -hire
paratransit vehicles within City limits. Under MTDB's administration, there were three permitted
operators in National City: Yellow Cab, Red Cab and USA Cab, holding a total of 65 taxicab
licenses (also known as medallions). Under the terms of the agreement, MTDB regulated the
number of medallions, collected annual permitting fees and conducted annual vehicle
inspections.
On December 21, 2004, the City Council took formal action, via Resolution 2004-233, electing
not to extend the term of the agreement authorizing MTDB to regulate taxicabs and other for -
hire paratransit vehicles within National City.
In anticipation of terminating its agreement with MTDB, on December 7, 2004, the City Council
of the City of National City adopted Ordinance No. 2004-2256, enacting Municipal Code
Chapter 11.70 providing for the licensing and regulation of transportation services within the
153 of 262
Page 2
Report on the Administration of Taxicabs and Other For -Hire Paratransit Vehicles
December 10, 2013
City by the adoption of a uniform transit system. On that same date, the City Council approved
Resolution 2004-230, approving the implementation of regulations for paratransit vehicles. In
January, 2005, the City of National City assumed responsibility for licensing and regulating
taxicabs and other paratransit vehicles operating within the City. Administration of the
established permitting process is performed by the Finance Department. Field enforcement of
taxicab and para-transit regulations fall to the Police Department and Neighborhood Services.
In 2005, MTDB, San Diego Transit, and the San Diego Trolley consolidated into one entity, the
Metropolitan Transit System (MTS).
Discussion
As previously noted, in 2004, when MTDB was responsible for administering the taxicab
program for the City of National City, there were three operators (permits) holding a total of 65
medallions. The three operators were Yellow Cab, Red Cab and USA Cab. Subsequent to
assuming taxicab administration "in-house" in 2005, the City Council increased the number of
operators (permits) to five, holding 85 medallions, adding West Coast Cab and RV Cab.
Overtime, the number of operators and medallions has declined. Today, there are two operators
(permits), Red Cab and USA Cab holding 17 medallions.
There is currently no limitation on the number of permits or medallions available for issuance in
the City of National City. Should the City Council desire staff to seek to issue additional permits
and/or medallions, it is recommended that consideration of such limitations be first considered.
In addition, consideration may also be given to the following:
• As prescribed by code, taxicabs and other for -hire paratransit vehicles are required to
maintain stringent standards related to vehicular safety, signage or markings, fees,
internal and external aesthetics, and driver appearance. At current staffing levels, it is
operationally burdensome for staff to conduct inspections for the purpose of determining
if such vehicles operating in National City are properly permitted and in conformance
with the noted regulations.
• The insurance requirements for taxicabs and other for -hire paratransit operators have not
been adjusted since adoption in 2004. A review by Risk Management has determined that
the current levels are inadequate, recommending increased policy limits.
Options
Based on the above discussion, the City Council has various options. While there is no action
item before the City Council at this time, the City Council could provide staff further direction.
Some of the options are:
• Accept and file the report.
154 of 262
Page 3
Report on the Administration of Taxicabs and Other For -Hire Paratransit Vehicles
December 10, 2013
• Explore returning taxicab and other for -hire paratransit vehicles to the Metropolitan
Transit System.
• Explore a process for the issuance of additional permits and medallion.
• Establish permit and medallion limits.
• Consider an increase to the insurance policy limits.
Absent direction from the City, staff will continue to administer the program at the current
mber of operators (permits) and medallions, and the same insurance policy limits.
strative Services
155 of 262
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE
May 21, 1991
AGENDA ITEM NO. 3
% TIFFS Four year agreement between the City of National City and
Metropolitan Tr sit Development Board (MTDB) allowing the MTDB to
regulate prat" °ahicles operating in the city of National City
r10
St. Knee
PREPARED BY
EXPLANATI
Chief of Police
DEPARTMENT
Police
The Police Department is currently responsible for the issuance
of paratransit vehicle permits (taxi cabs, sightseeing vehicles, etc.).
The MTDB is willing to assume this rosponsibility at no cost to the
City. Advantages of contracting with the MTDB for this service include:
1) Reduce potential City liability; 2) Scheduled inspection of vehicles
by trained mechanics; 3) Proactive enforcement of rules and regulations
pertaining to rates, operation of vehicles, proper permits and so forth
by well trained MTDB employees; and 4) An administrative appeals
procedure for those found in violation of the law.
Environmental Review
Finn ci tater:0,
No financial impact.
X N/A
Account No.
f STAFF RECOMMENDATION
Authorize City Manager to approve contract.
a4ARD/COMMISSION RECOMMENDATION
ATTACHMEM
Posts Okrei nn No._ 91- 9 4
1. Contract
2. San Diego Metropolitan Transit Development Board Ordinance No. 11
A.200 (Rev. 4/8o)
156 of 262
6.04.260 - Business tax payment —Required.
A. Except as provided in Section 6.04.260(B), there are imposed upon all persons conducting business
in the city business taxes in the amounts hereinafter prescribed. It is unlawful for any person to conduct
business in the city without a valid business tax license. A business tax license is valid when it is issued
in compliance with all applicable provisions of this chapter and, except when exempt from tax, paying
the applicable tax.
B. Any person who is considered to be conducting business by virtue of the prima facie evidence definition
in Section 6.04.050 is subject to tax until the collector determines otherwise. The collector may require
the submission of proof under affidavit executed under penalty of perjury that the person is not
conducting a business within the city.
C. Licensed Professionals. Each professional licensed by the state, including without limitation any
lawyer, doctor, dentist, health care professional, investment advisor, real estate agent, real estate
broker, or insurance broker, who maintains a fixed place of business in the city must pay a business
tax as set forth in the tax schedules established under the authority of this chapter.
(Ord. 2247 § 1 (part), 2004; Ord. 2224 § 2 (part), 2003)
Page 1
157 of 262
6.04.310 - Business by vehicle —Optional rate.
A. Except as provided in Section 6.04.070(E)(4), every person not having a fixed place of business within
the city and not otherwise designated, who on a regular basis conducts business by vehicle and
charges a fee for service, shall pay an annual business tax of sixty-five dollars per vehicle operated
within the city, or may make a binding election to pay a business tax measured by business
classification and the gross receipts derived from business within the city as set out in Section
6.04.280.
B. Any person conducting business by vehicle in the city vending food products or beverages shall pay
an annual business tax of two hundred dollars per year per vehicle operated within the city, or may
make a binding election to pay a business tax measured by business classification and gross receipts
derived from business within the city pursuant to Section 6.04.280.
C. Upon payment, identifying vehicle decals will be issued by the collector in a quantity equal to the
number of vehicles through which business is conducted.
D. Any business by vehicle that operates additional vehicles within the city after payment of annual taxes
has been made shall make an additional application to the collector to account for the additional
vehicles. After the appropriate tax has been paid for the additional vehicle(s), additional vehicle decals
will be issued.
E. Taxes for the first year of operation shall not be prorated, unless the annual gross receipt method is
elected by the taxpayer.
(Ord. 2224 § 2 (part), 2003)
158 of 262
Page 1
Chapter 11.70 - REGULATION AND LICENSING OF TRANSPORTATION SERVICES
Sections:
11.70.010 - Definitions.
The following words and phrases, wherever used in this chapter, shall be construed as defined in this
section, unless from the context a different meaning is intended, or unless a different meaning is specifically
defined and more particularly directed to the use of such words or phrases.
"Charter vehicle" means every vehicle which:
1. Transports passengers or parcels or both over the public streets of the city;
2. Is routed at the direction of the hiring passenger;
3. Is prearranged in writing for hire;
4. Is not made available through "cruising"; and
5. Is hired by and at the service of a person for the benefit of himself or herself or a specified group.
"City" as to jurisdiction means the city of National City, in the county of San Diego, California. "City" as
to authority means the city manager or his or her designated representative.
"City inspector" means those individuals, regardless of job title, who are authorized by the city
manager, and by ordinance, to enforce the provisions of this chapter.
"Compensation" means any money, thing of value, payment, consideration, reward, tip, donation,
gratuity, or profit paid to, accepted, or received by the driver or owner of any vehicle in exchange for
transportation of a person, or persons; whether paid upon solicitation, demand or contract, or voluntarily,
or intended as a gratuity or donation.
"Cruising" means the movement over the public streets of a taxicab or low -speed vehicle (LSV) in
search of prospective passengers; except the term does not include either the travel of a taxicab or LSV
proceeding to answer a call for service received by telephone or radio from an intended passenger, or the
travel of such a vehicle, having discharged a passenger or passengers, returning to the owner's place of
business or to its established point of departure.
"Driver" means every person operating any for -hire vehicle.
"Driver's identification card" means that license, issued by the San Diego County sheriff's department
that permits a person to drive a for -hire vehicle within the county.
"Exclusive ride" means exclusive use of a for -hire vehicle by one or more related passengers at a time.
"Facially credible complaint" means a complaint based on facts sufficient to establish that the
complaint is valid, with an absence of facts to the contrary.
"For -hire vehicle" means every vehicle that is operated for any fare for compensation and used for the
transportation of passengers over public city streets, irrespective of whether such operations extend beyond
the boundary limits of the city. Such for -hire vehicles shall include taxicabs, vehicles for charter, jitneys,
nonemergency medical vehicles, sightseeing vehicles and LSVs. "For -hire vehicle" shall not include a public
transit vehicle owned or contracted for by the Metropolitan Transit Development Board, the Public Utilities
Commission, or a vehicle properly licensed by the state or county as an emergency medical vehicle, or a
vehicle involved in an organized carpool not available to the general public.
"Group ride" means shared use of a taxicab or LSV where a group of related passengers enter at the
same point of origin and disembark at the same destination and pay a single fare for the trip.
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"Implementation regulations for paratransit vehicles" means those regulations adopted by the city
council for implementing this chapter.
"Jitney' means every vehicle which:
1. Transports passengers or parcels, or both, over the public streets of the city;
2. Follows a fixed route of travel between specified points with the fare based on a per capita charge
established in its permit; and
3. Is made available to boarding passengers at specified locations along its route on a variable
schedule.
"Low -speed vehicle (LSV)" means a motor vehicle, other than a motor truck, having four wheels on
the ground and an unladen weight of one thousand eight hundred pounds or Tess, that is capable of
propelling itself at a minimum speed of twenty miles per hour and a maximum speed of twenty-five miles
per hour, on a paved level surface. For the purposes of this section, a "low -speed vehicle" is not a golf cart,
except when operated pursuant to California Vehicle Code Section 21115 or 21115.1.
"Medallion" means the numbered plate, sticker or decal issued by the city to the permit holder which
is displayed on a for -hire vehicle to indicate the authorized use or uses of that vehicle.
"MTDB" means the Metropolitan Transit Development Board or its designated representatives.
"Nonemergency medical vehicle" means every vehicle which transports physically and/or mentally
disabled persons who require supervision and/or specialized transportation equipment or assistance
related to the disability, and such persons' attendants, over the public streets of the city.
"Operate" or "operating" shall refer to the solicitation or acceptance of a fare within city limits for
compensation. It shall also include, as the context may require, the act of driving, managing or directing the
utilization of one or more for -hire vehicles.
"Owner" means the person, partnership, association, firm, business, or corporation that is the
registered owner of any for -hire vehicle, and that holds the right to use the vehicle for its advantage.
"Paratransit vehicle" means any "for -hire vehicle" as defined in this section.
"Permit" means the authority under which a person, firm, partnership, association, or corporation may
operate a for -hire vehicle as a business.
"Permit holder" means any person or approved entity operating a business under a for -hire vehicle
permit.
"Shared ride" means nonexclusive use of a for -hire vehicle by two or more unrelated passengers
traveling between different points of origin and/or destinations, and traveling in the same general direction.
"Sightseeing vehicle" means every vehicle which:
1. Transports passengers for sightseeing purposes of showing points of interest over the public
streets of the city; and
2. Charges a fee or compensation therefore; regardless of whether any fee or compensation is paid
to the driver of such sightseeing vehicle, either by the passenger or by the owner or by the person
who employs the driver or contracts with the driver or hires such sightseeing vehicle with a driver
to transport or convey any passenger; and irrespective of whether or not such driver receives any
fee or compensation for his or her services as driver.
"Stands" means public areas designated for specific use by for -hire vehicles.
"Street" means any place commonly used for the purpose of public travel.
"Taxicab" means every vehicle other than a charter vehicle, a jitney, a nonemergency medical vehicle,
a sightseeing vehicle, or LSV which:
1. Transports passengers or parcels, or both, over city public streets.
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2. Is made available for hire on call or demand through "cruising," at taxicab stands or by telephone
to destination(s) specified by the hiring passenger.
"Taximeter" means any instrument, appliance, device or machine by which the charge for hire of a
passenger -carrying vehicle is calculated, either for distance traveled or time consumed, or a combination
of both, and upon which such charge is indicated by figures.
"Vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a
street, except a device moved exclusively by human power or used exclusively upon stationary rails or
tracks.
(Ord. 2256 (part), 2004)
11.70.020 - Purpose and authority.
A. Purpose. The purpose of this chapter is to ensure the safe and orderly operation of paratransit vehicles
within the city of National City and to provide that regulation of paratransit vehicles be performed and
supervised by the city, in order to best serve the public interest.
B. Authority.
1. Authority for this Chapter. The enabling authority for this chapter is Vehicle Code Section 16501
et seq., Government Code Sections 4500(b), 37101, 37350, 37359, and Public Utilities Code
Section 120266 et seq.
2. Issuing Authority. The city may designate from time to time the city department that may issue
the operational permits and medallions, and who may conduct inspections.
(Ord. 2256 (part), 2004)
11.70.030 - Operating permit.
A. The following provisions shall govern the application for issuance, denial, duration, transfer, and
suspension or revocation of operating permits.
1. Parameters.
a. No person shall engage in the business of operating any for -hire vehicle or providing any
vehicle for the operation of vehicles for -hire services within the city without first having
obtained an operating permit from the city, which permit shall not have been revoked,
suspended or otherwise canceled or terminated by operation of law, for a violation of this
chapter, or otherwise. A separate permit is required for each for -hire vehicle operated or
provided for operation. Specific requirements which must be met in order to obtain an
operating permit are set forth in the implementation regulations for paratransit vehicles.
b. An operating permit represents the granting of a privilege to operate a for -hire vehicle within
the zones specified by the permit for the purpose of the public convenience and necessity.
This privilege may be revoked at any time by operation of law, for a violation of this chapter
or other laws, or otherwise.
c. Any person who obtains an operating permit shall be responsible for the provision of vehicle -
for -hire services in accordance with the provisions of this chapter and shall exercise due
diligence to assure that drivers of the permitted vehicles adhere to all pertinent requirements
of this chapter.
2. Applying for a Permit.
a. All persons applying for a permit(s) for the operation of one or more for -hire vehicles shall
file with the city a sworn application on forms provided by the city, which shall contain
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information required pursuant to the city's implementation regulations for paratransit
vehicles.
b. The applicant shall also submit, with the application, a nonrefundable filing fee to be
determined from time to time by resolution of the city council, in order to recover the cost of
processing such applications.
3. Issuance of Permit.
a. The city council shall, in its discretion, determine the total number of for -hire vehicle permits
to be granted, which shall be determined according to the best interests of the public for the
safe and effective operation of city streets and public transit.
b. The city council in its sole discretion may determine the number of permits to be granted any
applicant(s) and approve permits for any applicant(s) subject to such conditions as the city
council may deem advisable or necessary in the public interest and may establish
procedures and criteria for the granting of permits including the use of a request for proposals
(RFP) or request for qualifications (RFQ). Before a permit may be approved, the applicant
shall pay an initial regulatory fee in an amount to be determined from time to time by
resolution of the city council.
c. A driver may drive for more than one permit holder. The driver must, however, have on file
with, and accepted by, the San Diego County sheriff a separate application on forms
provided by the sheriff, for each permit holder with whom he has a current driving agreement.
A driver may have on file with the sheriff a maximum of four such applications at any one
time. It is unlawful for a driver to accept or solicit passengers for hire in the city while
operating the vehicle of any permit holder for whom the driver does not have such an
application on file with the San Diego County sheriff.
4. Denial of a permit may be made for any one of the following reasons:
a. The applicant is under twenty-one years of age; or
b. Within the five years immediately preceding the processing of the application, the applicant
has been convicted of, or held by any final administrative determination to have been in
violation of any statute, ordinance, or regulation reasonably and rationally pertaining to the
same or similar business operation which would have resulted in suspension or revocation
of the permit in accordance with subsection (A)(8) of this section. For purposes of this
section, a plea or verdict of guilty, a finding of guilty by a court, a plea of nolo contendere or
a forfeiture of bail shall be deemed a conviction; or
c. The applicant provided false information of a material fact in an application or other
document required by this chapter within the past five years.
5. Duration.
a. Permits are approved for a period of one year and may be renewed annually upon payment
of a regulatory fee in an amount to be determined by the city.
b. No permit shall be approved or renewed for any person who has not fully complied with all
of the requirements of this chapter and all other applicable laws and/or regulations necessary
to be complied with before commencement of the operation of the proposed service.
6. Medallions.
a. When the permit has been approved and upon determination by the city that the color
scheme and pertinent for -hire vehicles are sufficiently distinctive so as not to cause
confusion with other for -hire vehicles already operating, and that the for -hire vehicle, after
appropriate inspection, meets the requirements of this chapter, the city will issue a numbered
medallion(s) to be affixed to the for -hire vehicle.
b. No medallion shall be issued for a vehicle unless the vehicle conforms with all the applicable
provisions of this chapter.
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c. The medallion issued to the permit holder must be affixed to the for -hire vehicle for which
the permit is approved in plain view from the rear of the for -hire vehicle. The permit holder
must immediately report the loss, destruction or defacing of a medallion to the city. It is
unlawful to operate a for -hire vehicle without the medallion affixed and visible.
d. When a permit has been suspended or revoked, the operation of any for -hire vehicle
authorized by such permit shall cease, and its medallion surrendered immediately to the city.
7. Transfer of Permits.
a. The privilege of engaging in the business of operating a for -hire vehicle in the city which has
been granted a permit is personal to the permit holder, who must be the owner of the for -
hire vehicle. The rights, requirements and responsibilities which attach to the permit remain
with the holder at all times the for -hire vehicle is operated under the authority of the permit.
These rights, requirements and responsibilities, which include, but are not limited to, the
requirements of this chapter, will remain unaffected by any agreement or contractual
arrangement between the permit holder and those persons who operate for -hire vehicles,
irrespective of the form or characterization of the agreement under which the driver operates
the for -hire vehicle.
b. Each permit issued pursuant to the provisions of this chapter is separate and distinct and
shall be transferable from the permit holder to another person or entity only with the prior
approval of the city. Taxicab permits may be transferred only after the passage of one year
from the date a permit was issued to the original permit holder. All taxicab permits, however,
may be transferred upon the verifiable death or permanent disability of the original permit
holder. The transferability of permits may be limited by policy established by resolution of
the city council.
c. In the event that the permit holder is a corporation, partnership or legal entity other than a
natural person, prior approval of the city shall be required for any transfer or acquisition of
majority ownership or control of that corporation, partnership or legal entity to a person or
group of persons acting in concert, none of whom already owns or controls a majority
interest. Any such acquisition or transfer occurring without prior approval of the city shall
constitute a failure to comply with this section.
d. In requesting a transfer from the city, the proposed transferee shall file with the city a sworn
application for the transfer and shall comply with the requirements of this section. The permit
holder shall certify in writing that the permit holder has notified the proposed transferee of
the requirements of this section pertaining to the transfer of a permit. Whenever an
application for a transfer of permit is filed, the city shall process the application for transfer
in accordance with the procedures set forth in this section for issuance of permits.
8. Suspension or Revocation of Permit.
a. Grounds. Permits may be suspended or revoked by the city at any time in the event of the
following:
(1) The city finds that a permit holder or vehicle driver has continued to violate the
provisions of this chapter or the implementation regulations for paratransit vehicles in
the past, or is currently violating this chapter or the implementation regulations for
paratransit vehicles.
(2) The permit owner ceases to operate a for -hire vehicle for a period of sixty consecutive
days without having obtained written permission for cessation of such operation from
the city. Permission for temporary cessation is outlined in the implementing regulations
for paratransit vehicles.
The for -hire vehicle or vehicles are operated at a rate of fare other than those fares on
file with the city.
(4) The permit holder fails to begin operating the for -hire vehicle for which the permit is first
approved within ninety days after the approval date.
(3)
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(5)
The permit holder has been convicted of assault, battery, resisting arrest, any felony
involving force and violence, or any crime reasonably and rationally related to the
paratransit industry or any similar business operation which bears upon the integrity or
ability of the applicant or holder to operate a for -hire vehicle business and transport
passengers, unless five years shall have elapsed from the date of discharge from a
penal institution or the satisfactory completion of probation for such conviction.
(6) The permit holder has been convicted of a crime that would require a person to register
as a sex offender under the California Penal Code. For purposes of this section, a plea
or verdict of guilty, a finding of guilt by a court, a plea of nolo contendere, or a forfeiture
of bail shall be considered a conviction.
(7) The driver's identification card is subject to denial, suspension, revocation, or refusal to
renew by the San Diego County sheriff.
(8) The driver's California Driver's License is revoked or suspended.
(9) The driver is convicted of reckless driving or driving while under the influence of
intoxicating liquors and/or narcotics.
(10) Permit holders, vehicles, and drivers are required to comply with the requirements of
the Americans with Disabilities Act (ADA), and ADA regulations are hereby incorporated
by reference. A violation of ADA requirements is a violation of this chapter and subject
to a fine or suspension or revocation or a combination.
b. Procedure for suspension or revocation of permit.
(1) A permit holder shall be notified in writing within ten working days when a facially
credible complaint has been filed with the city by a member of the public where such
complaint involves the permit holder, the driver of the permitted for -hire vehicle, or the
radio service to which the permit holder is subscribed. The permit holder shall
investigate the complaint and report its response in writing to the city within thirty
calendar days and initiate corrective action where necessary. Where the complainant
has agreed to the sharing of their identity, the results of the investigation, findings, and
actions shall be communicated to the complainant.
(2) In the event the city finds a permit holder has failed to responsibly respond to notification
of complaints or to initiate corrective action, or if the city finds grounds to exist for
suspension or revocation of a permit under this subsection, the city shall issue a notice
of proposed adverse action to the permit holder. If the circumstances of the complaint
or subsequent investigation so warrant, the city may issue a notice of adverse action to
a driver independently of, or in conjunction with, any adverse action proposed to the
permit holder. The city shall refer to the implementation regulations for paratransit
vehicles in determining a proposed adverse action.
The permit holder or driver in receipt of a notice of proposed adverse action shall be
given the opportunity to appear for an informal hearing before a hearing officer
designated for this purpose. Failure to appear will constitute waiver of both the hearing
and further right to contest. Following the hearing or waiver thereof, the city shall issue
the notice of adverse action, if justified by the facts. If the city determines that the permit
holder or driver's actions involve criminal activity or constitutes a serious degradation of
the public safety, convenience, or necessity, a notice of adverse action may be issued
and the action effected without first having a hearing.
(4) Upon a finding by the city that a permit holder falls within the suspension or revocation
provisions of this subsection, the permit holder or driver shall be notified that his or her
permit has been subjected to an adverse action and that the matter is such that the
action may be appealed. Such adverse action may consist of the suspension or
revocation of a license, the imposition of a fine, and/or any other remedies provided for
by this chapter or by law.
(3)
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c. Right of administrative appeal from denial, suspension or revocation of permit or related
adverse action.
(1) The permit holder or driver shall be notified that he or she may file with the city a written
administrative appeal ten working days after delivery of the notice of revocation or
suspension or the denial of a license, permit, or driver's identification card, the notice of
prohibition to operate or the imposition of a fine. The permit holder or driver shall set
forth in the appeal the reasons why such action is not proper. Thereafter, the procedure
for the appeal shall be as set forth in Chapter 1.42.
(2) If no administrative appeal is filed within the proper time, the permit or driver's
identification card shall be considered revoked, suspended or denied, and shall be
surrendered, the fine be imposed, as applicable, or the notice of prohibition to operate
take effect.
(3)
Except as provided in subsection (A)(8)(c)(4) of this section, once an administrative
appeal is filed, the revocation or suspension of the permit or driver's identification card,
the effect of the notice of prohibition to operate, or the imposition of the fine shall be
stayed pending the final determination of the administrative appeal.
(4) If, in the city's determination, the continued operation of a for -hire vehicle or possession
of a driver's identification card and permit represents an unsafe condition for any
passenger or pedestrian, the revocation or suspension of the related permit, driver's
identification card, or the effect of any notice of prohibition to operate, shall not be
stayed. A revocation or suspension of a permit imposed for failure to comply is
rebuttably presumed to represent an unsafe condition pending the determination of the
appeal or the correction of the violation, whichever shall occur first. Notwithstanding, no
medallion shall be reaffixed to a vehicle until the violation has been corrected.
d. No permit holder shall employ as a driver or operator any person whose privilege to operate
a for -hire vehicle within the city has expired, or has been revoked, denied, suspended, or
prohibited by the city or the San Diego County sheriff.
e. For violations of this chapter, the city may apply the general penalty provisions set forth in
Chapter 1.20 of this code, or the procedures and fines set forth in Chapter 1.44 of this code,
in lieu of the revocation or suspension of a permit or identification card authorized by this
subsection.
B. Limited Permits.
1. The city may approve permits which are limited in duration of time and geographical location. In
addition to the requirements for a regular permit, applicants for limited permits must also submit
all relevant information as set forth in the implementation regulations for paratransit vehicles, and
shall state specifically the appropriate times and locations.
2. Operating pursuant to a limited permit shall also follow the requirements set forth in the
implementation regulations for paratransit vehicles.
(Ord. 2256 (part), 2004)
11.70.040 - Equipment.
A. Inspections.
1. Annual Inspections. Before a for -hire vehicle is placed in service and at least annually thereafter,
the for -hire vehicle shall be delivered to a place designated by the city for inspection. City
inspectors or their agents or designees shall inspect the for -hire vehicle and its equipment to
ascertain whether the vehicle complies with the provisions of the implementation regulations for
paratransit vehicles. Failure to produce the vehicle for inspection shall be cause for suspension
or revocation of the permit for such vehicle. In the alternative, timely proof of concurrent annual
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inspection and compliance with safety standards by MTBD inspectors shall satisfy this
requirement.
2. Periodic Inspections. Any city inspector, MTBD inspector, or peace officer, after displaying proper
identification, may make reasonable and periodic inspections of any for -hire vehicle operating
under a city permit for the purpose of determining whether the vehicle is in compliance with the
provisions of this chapter.
3. Failed Inspections. Any for -hire vehicle which fails to meet the requirements of the California
Vehicle Code or this section after inspection may be immediately ordered out -of -service by a city
inspector, an MTBD inspector, or a peace officer if it is unsafe for service, until such time as the
defect is cured. Ordering a vehicle out -of -service does not constitute a suspension or revocation
of the permit but the medallion may be ordered removed by the city until such time as the defect
is cured and proof of such supplied to the city upon the vehicle's reinspection.
4. Out -of -Service. In the event that a for -hire vehicle for which a permit has been approved is taken
out -of -service for equipment defects, the permit holder may utilize a spare for -hire vehicle which
has been duly inspected by a city inspector, an MTBD inspector, or a peace officer, and approved
prior to use. The permit holder must immediately inform the city when a spare for -hire vehicle is
in use and the location of the disabled vehicle. The spare vehicle will be issued a "spare vehicle"
sticker which must be affixed to the left rear portion of the for -hire vehicle for which it is approved,
in plain view from the rear of the for -hire vehicle. The permit holder may utilize one spare for -hire
vehicle for a period not to exceed sixty days. This subsection shall not be construed, nor deemed
to replace, those provisions in this chapter which apply to the transfer of a permit for a for -hire
vehicle.
(Ord. 2256 (part), 2004)
11.70.050 - Vehicle contents and driver appearance requirements.
Driver appearance and vehicle content requirements are set forth in the implementing regulations for
paratransit vehicles and are required in order to operate with a valid permit. Failure to comply with the
content requirements subject the vehicle to being ordered out of service until compliance is demonstrated
to the city.
(Ord. 2256 (part), 2004)
11.70.060 - Radio services regulations.
Radio services are required in order to operate taxicabs or LSVs. Radio service regulations are set
forth in the city's implementing regulations for paratransit vehicles and are required in order to operate.
Failure to comply with radio service requirements subject the vehicle to being ordered out of service until
compliance is demonstrated to the city. The city may, at any time, revoke or suspend the taxicab or LSV
privileges or fine any person, partnership, corporation, association, other organization providing radio or
other dispatch service that violates a provision of these regulations or this chapter.
(Ord. 2256 (part), 2004)
11.70.070 - Operating documentation requirements.
A. Every person engaged in the business of operating a for -hire vehicle within the city under a city permit
shall maintain all of the following:
1. Financial records in accordance with good accounting practices;
2. Proof of ownership of the permit and vehicle;
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3. General Operating Records. Operating records shall include, but are not limited to, the following:
a. Typed or written dispatch records for taxicab or LSV companies which operate their own
radio dispatch service,
b. Any Togs which a for -hire vehicle driver maintains describing the trips carried by a for -hire
vehicle other than a taxicab,
c. Copies of the daily trip log required by taxicab or LSV drivers under implementing regulations
for paratransit vehicles, and
d. Any other similar records designated in the implementation regulations for paratransit
vehicles;
4. A valid California driver's license;
5. Insurance. It is unlawful to operate a for -hire vehicle unless the permit holder establishes and
maintains in effect proof of financial responsibility and insurance as specified in the
implementation regulations for paratransit vehicles;
6. Ownership records, as specified in the implementation regulations for paratransit vehicles;
7. Business Information. The permit holder shall maintain and keep updated their business address,
mailing address where they can accept mail directed to their company, and a business telephone
in working order which must be answered during normal business hours, Monday through Friday,
and during all hours of operation. The permit holder shall, in the case of any change in their
business address, mailing address, or business telephone, notify the city in writing of such change
within forty-eight hours of the effective date of this change.
(Ord. 2256 (part), 2004)
11.70.080 - Driver's identification card.
A. No person shall drive or operate any for -hire vehicle under the authority of a permit granted under this
chapter unless such person has and displays a valid driver's identification card obtained annually
through the San Diego County sheriff.
B. No permit holder shall employ as a for -hire vehicle driver or operator any person who has not obtained
or maintained a for -hire vehicle driver's identification card through the San Diego County sheriff.
C. The city may recommend that the San Diego County sheriff suspend, revoke, or deny a driver's
identification card on the basis of a violation of law or of this chapter.
(Ord. 2256 (part), 2004)
11.70.090 - Other requirements and prohibitions.
A. The driver of any for -hire vehicle shall promptly obey all lawful orders or instructions of any peace
officer, fire fighter, city inspector, or MTDB inspector.
B. No driver of any for -hire vehicle shall transport any greater number of persons, including the driver,
than the manufacturer's rated seating capacity for the vehicle.
C. It is unlawful for any person to solicit business for a for -hire vehicle by making a contract or agreement
with any owner of any hotel, apartment house, motel, inn, rental units, restaurant, or bar, or with the
agent or employees of such owner, by which the owner, agent or employee receives any type of
payment or commission for recommending or directing any passenger to a specific for -hire vehicle or
company. It is unlawful for any permit holder, association, or driver to have or make a contract or
agreement with any owner of any hotel, apartment house, motel, inn, rental units, restaurant, or bar,
or with the agents or employees of such owner, by which the permit holder, association or driver
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receives any type of payment or commission for recommending or directing any passenger to an
establishment operated by a specific owner.
D. The driver of a for -hire vehicle shall wear, in a manner clearly visible on their person, an identification
card approved by the city.
E. The driver of a for -hire vehicle shall affix to the vehicle, in a location clearly visible to passengers, a
notice providing the telephone number for reporting complaints.
F. For -hire vehicles shall comply with the California Vehicle Code and not impede traffic. For -hire vehicle
drivers, including taxicabs, shall not load or unload passengers in traffic lanes.
G. Except for nonemergency medical vehicle drivers, all drivers must successfully complete an MTDB or
city approved driver training course concerning driver courtesy and professionalism, and pass a
corresponding qualification examination.
H. Any driver employed to transport passengers to a definite point shall take the most direct route possible
that will carry the passenger to his destination safely and expeditiously.
I. It is unlawful for the driver or operator of any for -hire vehicle to refuse a prospective or actual fare or
to take any action to actively discourage a prospective or actual fare on the basis of race, creed, color,
age, sex, national origin, disability, or for any other reason, unless it shall be readily apparent that the
prospective or actual fare is a hazard to the driver or operator. Rude or abusive language directed to
a passenger(s) or any physical action that a reasonable person would construe as threatening or
intimidating shall be specifically defined as a violation of this section.
1. A driver, however, is not obligated to transport any person who is verbally or otherwise abusive
to the driver. Such incidents shall be reported immediately to a peace officer or any city official
charged with the administration of this chapter.
2. Failure of the driver of any taxicab or LSV to assist a passenger with the loading or unloading of
a reasonable size, number, and kind of passenger luggage or other items, when requested to do
so, shall be specifically defined as a violation of this section. A driver is not required to lift any
single piece of passenger luggage or other item that exceeds twenty-five pounds in weight. The
requirement for loading or unloading assistance shall be limited to retrieval from or deposit onto
the nearest curbside adjacent to the legally parked taxicab or LSV. A sign in the form of a
transparent decal may be affixed to the rear -door, side window stating that, "DRIVER IS NOT
REQUIRED TO LOAD LUGGAGE IN EXCESS OF 25 POUNDS PER ITEM OR OF A SIZE OR
KIND THAT WILL NOT SAFELY FIT IN THE DESIGNATED LUGGAGE AREA OF THIS
VEH ICLE."
3. A driver with a lawful disability that prevents him or her from handling items as defined in
subsection (I)(2) of this section, upon submission of proof of such disability, relieved of
responsibility for the requirements of subsection (I)(2) of this section. A driver so situated may
affix a small sign either in the passenger section of the vehicle to be clearly visible to a rear seat
passenger or on the inside of the trunk cover lid stating that, "DRIVER HAS DISABILITY THAT
PREVENTS HANDLING OF LUGGAGE."
J. It is unlawful for taxicab operators to refuse or discourage a prospective or actual fare based upon trip
length within the city. A LSV, however, may refuse a prospective or actual fare if the trip distance is
outside allowed areas of operations.
K. No driver shall stop, park or otherwise leave standing a for -hire vehicle within one hundred feet of any
other taxicab or LSV except in a marked taxi/LSV stand or while actively loading or unloading
passengers.
L. An out -of -service sign must be displayed when the for -hire vehicle is not available for hire and is being
operated or is lawfully parked for purposes of maintenance, inspection, or personal use. The sign must
be placed in a location in the vehicle that is clearly visible from the exterior of the vehicle. The sign
must be of durable material and written in block letters in black ink and easily readable from a distance
of not less than ten feet.
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M. It is unlawful for the driver to seek passengers by stopping at or driving slowly in the vicinity of an
entertainment center or transportation center or any other location of public gathering, in such a
manner as to interfere with public access to, or departure from, that center or location, or so as to
interfere with or impede traffic.
N. It is unlawful for a for -hire vehicle driver, having parked and left their vehicle, to solicit patronage among
pedestrians on the sidewalk, or at any entertainment center, transportation center, or other location of
public gathering.
O. It is unlawful to respond to a call for service dispatched to another operator except when an LSV refers
service to another operator because the trip distance is outside of the approved area of jurisdiction.
P. Nonemergency medical vehicle drivers shall acquire and maintain valid proof of proper first -aid and
CPR training.
Q. Jitney Vehicles.
1. In order to qualify as a jitney vehicle, the driver must comply with the implementation regulations
for paratransit vehicles, pertinent to the jitney requirements.
2. It is unlawful for a jitney vehicle to operate a fixed route service on other than that route designated
by the city.
(Ord. 2256 (part), 2004)
11.70.100 - Fares.
A. The driver shall offer each passenger a receipt upon payment of the fare. The receipt shall accurately
show the date, the amount of the fare, the medallion number, the trade name, and the name and
signature of the driver.
B. All disputes to fare shall be determined by the peace officer, or city official charged with the
administration of this chapter, who is most readily available where the dispute is had. It is unlawful for
any person to fail or refuse to comply with such determination by the peace officer or city official.
C. It is unlawful for any person to refuse to pay the lawful fare of a for -hire vehicle after employing or
hiring the same.
D. Rates.
1. The city shall set for itself or adopt the rates MTDB establishes as a maximum rate of fare for
exclusive ride and group ride hire of for -hire vehicles except for trips from Lindbergh Field
International Airport. No permit holder shall exceed such rate in the conduct of its operations. A
permit holder may petition the city for any desired change in the maximum taxicab or LSV rates
for exclusive ride and/or zone rates and group ride hire.
2. Taxicab trips from Lindbergh Field International Airport shall be at a uniform rate of fare
established by the San Diego Regional Airport Authority.
3. Within thirty calendar days following the issuance of a permit, each permit holder shall file with
the city the rates of fare that they will charge, which shall not exceed the maximum rate set by
the city. If a permit holder desires to change the rates of fare being charged for such services
during any calendar year, they shall first file a document with the city indicating said changes, and
no change shall be effective until fourteen calendar days following the filing of such change.
E. Taxicabs.
1. Each taxicab permit holder shall set the taximeter for the rate that they will charge and have the
taximeter sealed and inspected.
2. Each taxicab permit holder shall prominently post rates in dollars -per -mile centered on the upper
third part of both rear doors one inch in height, utilizing "Universal" or other city preapproved font
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in black or white lettering, to produce maximum contrast and adequately spaced for maximum
readability.
3. If a taxicab permit holder desires to change their rates of fare, they shall file with the city the new
rates not to exceed the city's allowable maximum, reset the taximeter, have the taximeter sealed
and inspected, and post the revised rates on each side of the taxicab.
F. Charter Vehicles. The rates of fare for a charter vehicle shall be established by a prearranged written
contract on a per mile or per hour basis.
G. Sightseeing Vehicles. The rate of fare for sightseeing vehicles shall be established on a per capita or
per event basis.
H. Nonemergency Medical Vehicles.
1. The rate of fare for exclusive ride service of nonemergency medical vehicles shall be established
on a per capita plus per mile basis.
2. The rates of fare for shared ride service shall be established on a per capita plus per mile basis,
or on a per capita plus per zone basis.
I. Jitney Vehicles. The rates of fare shall be established on a per capita basis.
J. LSVs. The city shall establish and authorize the use of zones of operation. All vehicles permitted as
LSV may use two methods of seeking compensation, either by zone rates or on a prearranged contract
on a per mile or per hour basis. Either method may be used when working inside of an approved zone.
However, when operating on a prearranged charter basis, within an approved zone, no operator may
exceed the maximum number of vehicles that have medallions.
K. It is unlawful for any permit holder and/or driver of a for -hire vehicle to demand of a passenger a charge
for hire which is greater than the current maximum rate approved by the city, or that is greater than
the permit holder's meter rate filed with the city.
L. Nothing in this section shall preclude a permit holder or driver from agreeing with a prospective
passenger to a rate of fare which is less than the permit holder's filed and posted rates of fare, if the
agreement is entered into in advance of the passenger's hiring the taxicab for the trip, except for trips
commencing at the Lindbergh Field International Airport.
(Ord. 2256 (part), 2004)
11.70.110 - Regulatory fees.
A. Rates. The city shall charge regulatory fees to affect the full cost recovery of activities associated with
the administration, regulation, issuance or transfer of for -hire vehicle permits, inspections, and
associated document administration. Such fees shall be established in amounts determined from time
to time by resolution of the city council.
B. Changes. Changes in fee schedules affecting permits shall be mailed to all permit holders. Changes
shall be effective thirty calendar days thereafter.
(Ord. 2256 (part), 2004)
11.70.120 - Stands —Authority to designate.
The city council is authorized to designate stands for the use of for -hire vehicles at various locations
throughout the city.
(Ord. 2256 (part), 2004)
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11.70.130 - General provisions.
A. Severability. If any section, sentence, clause or phrase of this chapter is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this chapter. The city council hereby declares that it
would have passed this chapter and adopted the ordinance codified in this chapter and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
(Ord. 2256 (part), 2004)
11.70.140 - Violations.
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of
this chapter or of the implementation regulations for paratransit vehicles.
(Ord. 2256 (part), 2004)
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Page 13
CC/CDC-HA Agenda
10/18/2016 — Page 172
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City adopting amendments to the City Council
Policy Manual (Chapter 109, 110, 114). (City Manager)
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council Adopting Amendments to the City Council Policy Manual (Chapter 109,
110, 114).
PREPARED BY: 'Lauren Maxilom, Management Analyst;
EXPLANATION:
As per Council Policy #101, the City Council Policy Manual should be reviewed on an annual basis, and
updated as necessary. Proposed changes for Chapter 100: Administration and Policy Management
are presented for your adoption.
DEPARTMENT: Ci
APPROVED BY:
Mana e's Office
109: Reimbursement of Expenses Incurred in the Performance of Official Duties
110: Display of Flags
114: Grant Review Policy
FINANCIAL STATEMENT:
ACCOUNT NO. n/a
ENVIRONMENTAL REVIEW:
n/a
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Review and approve policy amendments as submitted
BOARD / COMMISSION RECOMMENDATION:
n/a
ATTACHMENTS:
Policy 109 1) existing policy, 2) red -line strike out; proposed policy, 3) final draft
Policy 110 1) existing policy, 2) red -line strike out; proposed policy, 3) final draft
Policy 114 1) existing policy, 2) red -line strike out; proposed policy, 3) final draft
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CITY COUNCIL POLICY
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TITLE: Reimbursement for Expenses Incurred in POLICY #109
The Performance of Official Duties
ADOPTED: September 19, 2006
AMENDED: October 8, 2013
Purpose
Government Code Sections 53232.2, 53232.3, and 53232.4, enacted pursuant to AB
1234, require the governing body of a local agency to adopt a written policy addressing
reimbursement for travel and training expenses incurred in the performance of official
duties. The City Council deems it desirable to adopt a uniform policy applicable to City
employees, board and commission members, members of the City Council and other
elected officials, governing reimbursement for such expenses.
The purpose of this administrative policy is to establish uniform policies and procedures
concerning expenses incurred by members of the City Council, board or commission
members, and City employees while traveling or attending events on City business.
Policy
A City Council member, elected official, board or commission member or City
employee who is required to travel in the performance of their duties or to attend an
authorized meeting, conference or seminar which is of direct benefit to the City shall be
reimbursed for reasonable expenses incurred, including transportation, meals, lodging
and other incidental expenses directly related to such official City business.
Expenses specifically disallowed for reimbursement include purchase of personal use
items, alcoholic beverages and entertainment (including in -room movies).
All requests for city -related travel must be reviewed/approved by the Purchasing
Review Committee (PRC) prior to making any travel commitments or arrangements.
Estimated cost information must be sent to the Finance Department/Purchasing
Division. Upon approval by the PRC, travel plans may be made. PRC approval
numbers must be noted on expense reports and invoices submitted for payment or
reimbursement.
Existing City purchasing policies and procedures must be followed when obtaining cost
estimates, and making arrangements associated with travel. See Municipal Code,
Chapter 2.60 regarding Purchasing polices and procedures.
A. Transportation.
The following modes of transportation may be allowed for the purpose of traveling on City
business:
1. Air Travel. Air travel shall be authorized and reimbursed at the lowest
fare class offered by the airline. Other than the lowest possible fare class may be
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authorized when bona fide, business related, scheduling restrictions do not permit use of
the lowest possible fare. Individuals opting for a higher fare class for their personal
convenience shall be required to pay the difference between the lowest fare class and the
option selected.
The individual, or authorized designee, shall attempt to book air travel as to take advantage
of discounts offered for purchasing flight tickets in advance of departure; i.e. 14 or 21
days, and take advantage of non-refundable ticket fares where practical.
Receipts for air passage must be retained for submission with the expense report.
2. Personal Vehicle. With specific approval from the depai liuent director or
the City Manager, personal cars may be used for out-of-town travel. Reimbursement
shall be based on actual mileage used for the official travel. Any mileage used for
personal purposes or otherwise not directly related to official City business shall be
deducted from total miles traveled to arrive at the net reimbursable mileage.
Reimbursement shall be at the prevailing IRS standard mileage rate.
When use of a personal vehicle is authorized, individuals shall adequately account for
their use of the personal vehicle on a daily basis on the Travel Expense Report. Total
reimbursable transportation expense through use of a personal car shall in no case
exceed the allowable expense of transportation by air when one is available to such
destination.
Individuals receiving compensation in lieu of an auto allowance shall be eligible for
mileage reimbursement for travel beyond the county limits.
3. City -owned Vehicle. Use of City -owned vehicle shall be authorized when
this mode of transportation can be demonstrated as the most economical means
available. For determining advisability of usage, individuals shall be supplied with
estimated cost of travel via a City -owned vehicle by Public Works upon request. Use of
a City -owned vehicle shall not be authorized when the estimated cost exceeds the
authorized cost of air travel and associated expenses {i.e. taxis and shuttles).
When use of a City -owned vehicle is authorized, individuals shall adequately account for
their use of the City -owned vehicle on a daily basis in the Travel Expense Report.
Individuals shall be charged at the prevailing IRS standard mileage rate for every mile of
personal use of the City -owned vehicle. The cost of personal use of a City -owned vehicle
shall be deducted from the total allowable travel expenses.
Individuals should contact the Public Works Equipment Maintenance Supervisor
immediately for direction should the City -owned vehicle become inoperable or otherwise
unsafe to drive. if the Equipment Maintenance Supervisor authorizes repairs requiring an
out of pocket payment, all receipts for such repairs must be retained and forwarded to
Public Works for approval prior to reimbursement. Anyone that is unable to pay for the
cost of emergency repairs shall notify his/her supervisor and the Public Works Department
immediately to make other arrangements.
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Individuals using a city -owned vehicle outside of normal business hours must be sure to
have the Equipment Maintenance Supervisor's after-hours telephone number in case an
emergency occurs outside of normal business hours.
4. Rail. Travel by rail may be authorized when the cost of the rail
transportation and other associated expenses (i.e. buses, shuttles, taxis, hotel stays, meals,
etc.) is less than or equal to the cost, including associated expenses, of air or automobile
(personal or City -owned vehicle) travel.
B. Lodging.
1. General provisions. Reimbursement will be made for the cost of lodging
required to conduct the assigned City business. Dated receipts and meeting and travel
schedules must be retained for submission with the Travel Expense Report.
Lodging will be allowed for the night prior to the commencement of the meeting if the
time set for the start of the meeting requires the individual to leave horse prior to 6 a.m.
of the day of the meeting. Lodging will be allowed for the night following the meeting
if the individual could not have arrived home prior to 12:00 midnight following the
meeting.
Lodging in connection with separate, consecutive meetings or conferences shall be
permitted if it is less costly than returning to the city for the nights between the
meetings.
In instances where an individual has the option to travel by air and the individual opted
to travel by car, reimbursement for lodging shall be allowed on the same basis as if the
individual traveled by air.
2. Rate of Reimbursement. Lodging reimbursement shall be based on the
standard room rate charged at the headquarters hotel for the conference or the hotel most
proximate to the site of the meeting. In the event the individual occupies a more
expensive room accommodation_ (e.g. a suite), s/he will be reimbursed at the standard
room rate.
C. Meals.
Allowable meals include breakfast, lunch and/or dinner meeting the criteria established
below.
Reimbursement for meals shall be allowable when travel on official business reasonably
requires an overnight stay or when the purchase of a meal(s) is a required component of the
conference, meeting or training. Reimbursement shall be on the basis of actual cost when
the meal(s) is a component of the cori erence, meeting or training with proper
documentation. All other meals will be reimbursed, up to a maximum allowance not to
exceed the daily meal allowance established by the U.S. Department of General Services
Administration (GSA) for breakfast, lunch and dinner for the location of the travel. For
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information regarding the current GSA standard daily meal allowance rate, please contact
the Finance Director.
Itemized receipts from the dining establishment must be retained for submission with the
expense report. Other forms of documentation or receipts that are not itemized may be
accepted at the discretion of the City Manager or designee.
In claiming reimbursement, time of commencement and termination of travel need to be
accounted for. Reimbursement for breakfast is not allowed on the day of departure unless
the trip starts prior to 7:00 a.m. Reimbursement for dinner is not allowed on the day of
return unless the trip ends later than 7:00 p.m.
Reimbursement is not allowed for meals purchased in lieu of a meal(s) included in the fee
for the conference, meeting or training unless approved by the City Manager or designee.
D. Registration Fees.
Fees charged for registration at a conference or meeting which an individual is
authorized to attend are reimbursable. Receipts or other acceptable evidence of the
amount of the fees, such as a copy of the conference program/invitation setting forth the
fee rates, shall be retained for submission with the claim form.
E. Incidental Expenses.
1. Taxi and Bus Fares. Reimbursement will be allowed for taxi, bus fare or
other transportation costs when such transportation is necessary in the conduct of City
business. No receipts need be provided for such expenses, except for individual charges
exceeding $10.00. Such expenses shall be itemized on the Travel Expense Report.
2. Communications. Telephone, fax and internet charges will be
reimbursed for official calls. Unofficial calls charged to the hotel bill should be
identified and deducted from the total hotel bill. Individuals that have been issued a
City -owned cellular phone, laptop, tablet or other communication device shall use such
devices in the conduct of business whenever feasible.
3. Parking, Garage, and Toll Charges. Parking, garage, and toll expenses
will be reimbursed when an automobile is used for transportation. Parking and garage
charges will be reimbursed based on the lowest available rate. Valet and preferred or
VIP parking/garage rates shall not be allowable unless there is no other option at or
within a reasonable proximity to the travel destination.
4. Airport Parking. Expenses for parking a City or personal vehicle at the
airport are reimbursable based on receipts. However, airport parking expenses shall be
limited to the rates for long-term parking when travel requires parking in excess of 24
hours. When an airport shuttle is used in lieu of personal vehicle, the cost will be
reimbursed as well.
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5. Tips, Gratuities, and Services Fees. Customary tips of up to 15 percent
will be permitted on reimbursable items. Tips shall be itemized on the claim form.
6. Miscellaneous. All items of expense not included in any of the other
categories but which nonetheless can be clearly identified as incidental to the
undertaking of city business shall also be allowed reimbursement. Receipts for these
items must be submitted. Examples of such expenses are duplicating expenses and the
cost of publications of value to the city being distributed at conferences or meetings.
F. P.O.S.T. Expenses.
Expenditures in training Police Department personnel under the P.O.S.T. Program shall
be authorized and reimbursed by the City in accordance with established P.O.S.T.
guidelines. In case of conflict between the P.O.S.T. guidelines and this policy, the
P.O.S.T. guidelines shall prevail but only in the case of expenditures properly
reimbursable under the P.O.S.T. Reimbursement Program.
Should the P.O.S.T. reimbursement be insufficient to cover the actual cost of meals and/or
lodging, the City will pay the cost of the difference provided all other travel and meeting
expense guidelines outlined in this nolicv are followed.
G. Per Diem and Cash Advance.
It is encouraged that individuals use their own money or credit cards to finance the trip
and then claim reimbursement upon their return.
If in the judgment of a department director, estimated expenses for contemplated out -of -
city travel are too high to expect the individual to fn ance the trip and be reimbursed
upon his/her return, the department director may authorize advance payment of a per
diem for meals. The amount of the per diem shall be equal to the GSA per diem for
breakfast, lunch and dinner for each required meal based on the duration of the travel
conQ;gert with the guidelines established by this policy. Upon return the employee shall
provide receipts for all meals and return any excess funds.
The department director may authorize payment of a maximum of $200 to the individual
for other related travel expenses. An advance in excess of $200 must have the approval of
the City Manager or designee. Approval of cash advance does not constitute approval for
expenditure of the amount so advanced. All actual expenditures must be justified and
approved based on limits and allowances set by this policy.
Procedures
A. Reimbursement of Business Travel Expenses.
The individual shall submit a signed Travel Expense Report to the department director
after completion of travel. Such report shall show the details of official business
expenses incurred and should be accompanied by supporting documents required under
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this policy. The department director shall review the report for compliance with this
policy and affix their signature to signify approval. The Travel Expen.se Report must be
forwarded to the Finance Department within three (3) working days upon return. City
Council members and members of boards and commission shall submit the Travel
Expense Report to the City Manager for approval.
B. Air.
Allowance for air travel will be actual round trip via the lowest possible fare. Travel
Expense Reports will be accompanied by air passage receipts when filed.
C. Personal Vehicle.
Individuals shall account for use of their vehicle on a daily basis through use of a Travel
Expense Report, which is to be submitted when filing a claim.
D. City -owned Vehicle.
Authorized personal use of a City vehicle will be accounted for on a Travel Expense
Report, which will be submitted when filing for reimbursement, Individuals will be
charged the prevailing IRS standard mileage rate for each mile, and shall be deducted
from the total allowable travel expenses.
Emergency repair receipts must be submitted to Public Works for approval prior to
reimbursement.
E. Lodging.
Receipts indicating date, accompanied by meeting and travel schedules much be
submitted with the Travel Expense Report when filing a claim.
F. Meals
All meal receipts will be submitted with the Travel Expense Report. Receipts must be
detailed and itemized, showing exactly what was purchased (not just credit card
receipts).
G. Registration Fees.
Receipts, or other acceptable evidence of the amount paid, must be submitted with the
Travel Expense Report.
H. Incidental Expenses.
Incidental expenses (except for alcohol, entertainment, and items for personal use) shall
be itemized on the Travel Expense Report, and receipts shall be provided when
appropriate and possible.
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1. Cash Advance.
Approved requests for travel advances (submitted on a Request for Warrant Form — see
Administrative Policy 03.06) shall be submitted to the Finance Department at least ten
(10) working days before the start of travel. Funds will be released no earlier than three
(3) working days prior to the trip departure date.
The Finance Department shall deduct from the total expenses claimed, any expense item
found to be inconsistent with this policy, and shall furnish the individual with an
itemized list of items disallowed. Any amount due the individual shall be paid within
ten (10) working clays from receipt by the Finance Department of the Travel Expense
Report.
Alternative Proof of Payment for Training Expenses.
A. Individuals periodically request alternative proof of payment methods for
reimbursable training expenses, (i.e., registration/tuition fees), advanced, when receipts or
cancelled checks are not available.
B. As an exception, only when receipts are impractical to obtain, the following may be
used in place of receipts or cancelled checks for reimbursement purposes.
1. Course announcement specifying the amount of fees, and
2. A document issued by the training institution indicating attendance or
completion of the course by the individual.
Use of City Credit Card for Travel Purposes.
City staff members occasionally attend job -related training and conferences, upon
approval of the City's Purchasing Review Committee. Job -related training is often
required by state mandates. In order to make airline and hotel reservations, a credit card
number must be provided to guarantee the reservations.
Prior to use, any individual wishing to use a City -issued credit card, must read and
adhere to the City's Credit Card Policy (Administrative Policy03.14).
Per Administrative Policy 03.14: Credit cards may never be used to circumvent
established competitive purchasing procedures, or dollar limits established by the City's
Municipal Code, City Ordinances or Purchasing Division procedures. Credit cards shall
only be used to pay for "PRC" authorized travel and training expenses. Individuals may
not use City credit cards for personal expenses even if the intent is to reimburse the City
later. See Administrative Policy 03.14 for complete rules and details.
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Summary
This Policy cannot cover every issue, exception or contingency that may arise in
obtaining reimbursement for travel and training expenses incurred in the performance of
official duties, and in the use of City credit cards.
Individuals are expected to exercise good judgment and show proper regard for
economy when traveling in conjunction with official City business. Any expense for
which an individual requests reimbursement should directly and manifestly relate to the
conduct of City business and, in the event of an audit, should leave no doubt that such
expenditure was pre -approved by the Purchasing Review Committee, and is in fact
reasonable and necessary in the conduct of City business. Accordingly, the basic
standard that should always prevail is to use common sense and good judgment in the
use and stewardship of City resources.
This Policy shall supersede all previously -adopted policies and procedures pertaining to
reimbursement for travel and training expenses and to the use of City credit cards,
including Administrative Policies 03.03, 03.04, 03.05 and 03.14 of the City
Administrative Manual. This Policy satisfies the requirements of Government Code
Sections 53232.2 and 53232.3.
Related Policy References
Government Code Sections: 53232.2, 53232.3, 53232.4
Assembly Bill 1234
City Administrative Manual Policies 03.03, 03.04, 03.05, 03.14
Municipal Code, Chapter 2.60
Forms:
Travel Expense Report: available from the Finance Department or the City's Intranet
site.
Credit Cardholder Use Agreement: available from the Finance Depai uiient
Prior Policy Amendments
September 19, 2006
October 8, 2013
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TITLE: Reimbursement for Expenses Incurred in POLICY #109
The Performance of Official Duties
ADOPTED: September 19, 2006 AMENDED: October 8, 2013
Purpose
Government Code Sections 53232.2, 53233.353232.3, and 53233.153232.4, enacted
pursuant to AB 1234, require the governing body of a local agency to adopt a written
policy addressing reimbursement for travel and training expenses incurred in the
performance of official duties. The City Council deems it desirable to adopt a uniform
policy applicable to City employees, board and commission members, members of the
City Council and other elected officials, governing reimbursement for such expenses.
The purpose of this administrative policy is to establish uniform policies and
procedures concerning expenses incurred by members of the City Council, board or
commission members, and City employees while traveling or attending events on City
business.
Police
A City Council_ member, elected official, board or commission member or City
employee who is required to travel in the performance of their duties or to attend an
authorized meeting, conference or seminar which is of direct benefit to the City shall
be reimbursed for reasonable expenses incurred, including transportation, meals,
lodging and other incidental expenses directly related to such official City business.
Expenses specifically disallowed for reimbursement include purchase of personal use
items, alcoholic beverages and entertainment (including in -room movies).
All requests for city -related travel must be reviewed/approved by the Purchasing
Review Committee (PRC) prior to making any travel commitments or arrangements.
Estimated cost information must be sent to the Finance Department/Purchasing
Division. Upon approval by the PRC, travel plans may be made. PRC approval
numbers must be noted on expense reports and invoices submitted for payment or
reimbursement.
Existing City purchasing policies and procedures must be followed when obtaining cost
estimates, and making arrangements associated with travel. See Municipal Code,
Chapter 2.60 regarding Purchasing polices and procedures.
A. Transportation.
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The following modes of transportation may be allowed for the purpose of traveling on
City business:
1. Air Travel.
submission with the Travel Expense ReportAir travel shall be authorized and
reimbursed at the lowest fare class offered by the airline. Other than the lowestpossible
fare class may be authorized when bona fide, business related, scheduling restrictions
do not permit use of the lowest possible fare. Individuals opting for a higher fare class
for their personal convenience shall be required to pay the difference between the
lowest fare class and the option selected.
The individual, or authorized designee, shall attempt to book air travel as to take
advantage of discounts offered for purchasing flight tickets in advance of departure; i.c.
14 or 21 days, and take advantage of non-refundable ticket fares where practical.
Receipts for air passage must be retained for submission with the expense report.
2. Personal eafVehiclr% With specific approval from the department
head director or the City Manager, personal cars may be used for out-of-town travel.
Reimbursement shall be based on actual mileage used for the official travel. Any
mileage used for personal purposes or otherwise not directly related to official City
business shall be deducted from total miles traveled to arrive at the net reimbursable
mileage. Reimbursement shall be at the prevailing IRS standard mileage rate.
When use of a personal vehicle is authorized, individuals shall adequately account for
their use of the personal vehicle on a daily basis on the Travel Expense Report. Total
reimbursable transportation expense through use of a personal car shall in no case
exceed the allowable expense of transportation by air when one is available to such
destination.
Individuals receiving compensation in lieu of an auto allowance shall be eligible for
mileage reimbursement for travel beyond the county limits.
3. City -owned v hieleVehicle. Use of City -owned vehicle shall be
authorized when this mode of transportation can be demonstrated as the most
economical means available. For determining advisability of usage, fees
individuals shall be supplied with estimated cost of travel via a City -owned vehicle by
Public Works upon request. Use of a City -owned vehicle shall not be authorized when
the estimated cost exceeds the authorized cost of air travel and associated expenses (i.e.
taxis and shuttles).
When use of a City -owned vehicle is authorized, individuals shall adequately account for
their use of the City -owned vehicle on a daily basis in the Travel Expense Report.
Individuals shall be charged at the prevailing IRS standard mileage rate for every mile of
personal use of the City -owned vehicle. The cost of personal use of a City -owned vehicle
shall be deducted from the total allowable travel expenses.
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filt14-be-fetained-md-ferwaffieEl-te-Publie-Werks-for-apprewl-prier-te-reimbiffsementAn
,
Individuals should contact the Public Works Equipment Maintenance Supervisor
immediately for direction should the City -owned vehicle become inoperable or otherwise
unsafe to drive. If the Equipment Maintenance Supervisor authorizes repairs requiring an
out of pocket payment, all receipts for such repairs must be retained and forwarded to
Public Works for approval prior to reimbursement. Anyone that is unable to pay for the
cost of emergency repairs shall notify his/her supervisor and the Public Works Department
immediately to make other arrangements.
Individuals using a city -owned vehicle outside of normal business hours must be sure to
have the Equipment Maintenance Supervisor's after-hours telephone number in case an
emergency occurs outside of normal business hours.
4. Rail. Travel by rail may be authorized when the cost of the rail
transportation and other associated expenses (i.e. buses, shuttles, taxis, hotel stays, meals,
etc.) is less than or equal to the cost, including associated expenses, of air or automobile
(personal or City -owned vehicle) travel.
B. Lodging.
1. General provisions. Reimbursement will be made for the cost of
lodging required to conduct the assigned City business. Dated receipts and meeting
and travel schedules must be retained for submission with the Travel Expense Report.
Lodging will be allowed for the night prior to the commencement of the meeting if the
time set for the start of the meeting requires the individual to leave home prior to 6 a.m.
of the day of the meeting. Lodging will be allowed for the night following the meeting
if the individual could not have arrived home prior to 12:00 midnight
following the meeting.
Lodging in connection with separate, consecutive meetings or conferences shall be
permitted if it is less costly than returning to the city for the nights between the
meetings.
In instances where an individual has the option to travel by air and the individual opted
to travel by car, reimbursement for lodging shall be allowed on the same basis as if the
individual traveled by air.
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2. Rate of reimburseReimbursement. Lodging reimbursement shall
be based on the single standard room rate charged at the headquarters hotel for the
conference or the hotel most proximate to the site of the meeting. If the hotel has
In the event the
individual occupies a more expensive room accommodation (e.g. multiple-eceupansya
suite), they s/he will be reimbursed at the standard room rate, The
0
C. Meals. Allowable meals include breakfast, lunch and/or dinner meeting the
criteria established below.
Reimbursement for meals shall be allowable when travel on official business
reasonably requires an overnight stay or when the purchase of a meal(s) is a required
component of the conference, meeting or training. Reimbursement shall be on the
basis of actual cost when the meal(s) is a component of the conference, meeting or
training with proper documentation. All other meals will be reimbursed, up to a
maximum allowance not to exceed the ciiily meal allowance established by the U.S.
Department of General Services Administration (GSA) for breakfast, lunch and
dinner for the location of the travel. For information regarding the current GSA
standard daily meal allowance rate, please contact the Finance Director.
Itemized receipts from the dining establishment must be retained for submission with
the expense report. Other forms of documentation or receipts that are not itemized
may be accepted at the discretion of the City Manager or designee.
In claiming reimbursement, time of commencement and termination of travel need to
be accounted for. Reimbursement for breakfast is not allowed on the day of departure
unless the trip starts prior to 7:00 a.m. Reimbursement for dinner is not allowed on
the day of return unless the trip ends later than 7:00 p.m.
Reimbursement is not allowed for meals purchased in lieu of a meal(s) included in
the fee for the conference. meeting or training unless apuroved by the City Manager
or designee.
must be ret..inod f .. su1 .'tl the Travel Expense Report D 4 t 1.
NV M VMAA1SLli 1VI .J4}LlII1¢4l}�l'1 l}ZLIl
/eta _ Y S ed sho Hotly hat
iYQt'tyTf.ToTQer4C,-Cr-edit-eAi'gTCeCaIL]tiaTPiTlII' aIIt
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unless the trip startsr + 7:00 ement f .. d; f ll a +w
e
D. Registration Fees.
Fees charged for registration at a conference or meeting which an individual is
authorized to attend are reimbursable. Receipts or other acceptable evidence of the
amount of the fees, such as a copy of the conference program/invitation setting forth
the fee rates, shall be retained for submission with the claim form.
E. Incidental Expenses.
1. Taxi and Bus Fares. Reimbursement will be allowed for taxi, bus fare
or other transportation costs when such transportation is necessary in the conduct of City
business. .No receipts
need be provided for such expenses, except for individual charges exceeding $10.00. Such
expenses shall be itemized on the Travel Expense Report.
2. Communications. Telephones and telegraph chargesfax and internet
charges will be reimbursed for official calls and wires only. Unofficial calls charged
to the hotel bill should be identified and deducted from the total hotel bill. Individuals
that have been issued a City -owned cellular phone, laptop, tablet or other
communication device shall use such devices in the conduct of business whenever
feasible.
3. Parking, gar-ageGarage, and toll Toll elgesCharges. Parking,
garage, and toll expenses will be reimbursed when an automobile is used for
transportation. Parking and garage charges will be reimbursed based on the lowest
available rate. Valet and preferred or VIP parking/garage rates shall not be allowable
unless there is no other option at or within a reasonable proximity to the travel
destination.
4. Airport Parking. Expenses for parking a City or personal vehicle at
the airport are reimbursable based on receipts. However, airport parking expenses shall
be limited to the rates for long-term parking when travel requires parking in excess of
24 hours. When an airport shuttle is used in lieu of personal vehicle, the cost will be
reimbursed as well.
45. Tips, gratuitieaGratuities, and services Services feeaFees.
Customary tips of up to 20-15 percent will be permitted on reimbursable items. Tips
shall be itemized on the claim form.
Miscellaneous. All items of expense not included in any of the other
categories but which nonetheless can be clearly identified as incidental to the
undertaking of city business shall also be allowed reimbursement. Receipts for these
items must be submitted. Examples of such expenses are public atcnogr pher f e ,
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duplicating expenses and the cost of publications of value to the city being distributed
at conferences or meetings.
F. P.O.S.T. Expenses.
Expenditures in training Police Department personnel under the P.O. S.T. Program shall
be authorized and reimbursed by the City in accordance with established P.O.S.T.
guidelines. In case of conflict between the P.O.S.T. guidelines and this policy, the
P.O.S.T. guidelines shall prevail but only in the case of expenditures properly
reimbursable under the P.O.S.T. Reimbursement Program.
Should the P.O.S.T. reimbursement be insufficient to cover the actual cost of meals and/or
lodging, the City will pay the cost of the difference provided all other travel and meeting
expense guidelines outlined in this policy are followed.
G. Per Diem and Cash Advance.
It is encouraged that individuals use their own money or credit cards to finance the trip
and then claim reimbursement upon their return.
If in the judgment of a department managerdirector, estimated expenses for
contemplated out -of -city travel are too high to expect the individual to finance the trip
and be reimbursed upon their —his/her return, the department manager —director may
authorize advance payment f a per diem for
meals. The amount of the per diem shall be equal to the GSA per diem for breakfast,
lunch and dinner for each required meal based on the duration of the travel consistent
with the guidelines established by this policy. Upon return the employee shall provide
receipts for all meals and return any excess funds. -" advance in e f $200 m , t
The department director may authorize payment of a maximum of $200 to the individual
for other related travel expenses. An advance in excess of $200 must have the approval of
the City Manager or designee. Approval of cash advance does not constitute approval for
expenditure of the amount so advanced. All actual expenditures must be justified and
approved based on limits and allowances set by this policy.
II. Procedures
A. Reimbursement of Business Travel Expenses.
The individual shall submit a signed Travel Expense Report to the department director
after completion of travel. Such report shall show the details of official business
expenses incurred and should be accompanied by supporting documents required under
this policy. The department director shall review the report for compliance with this
policy and affix their signature to signify approval. The Travel Expense Report must
be forwarded to the Finance Department within. three (3) working days upon return.
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City Council members and members of boards and commission shall submit the Travel
Expense Report to the City Manager for approval.
B. Air.
Allowance for air travel will be actual round trip via coach or tourist class
aseefamodatiefithe lowest possible fare. Travel Expense Reports will be accompanied
by air passage receipts when filed.
C. Personal CarVehicle_
Individuals shall account for use o f their vehicle on a daily basis through use of a Travel
Expense Report, which is to be submitted when filing a claim.
D. City -owned Vehicle.
Authorized personal use of a City vehicle will be accounted for on a Travel Expense
Report, which will be submitted when filing for reimbursement. Individuals will be
charged the prevailing IRS standard mileage rate for each mile, and shall be deducted
from the total allowable travel expenses.
Emergency repair receipts must be submitted to Public Works for approval prior to
reimbursement.
E. Lodging.
Receipts indicating date -and occupancy status, accompanied by meeting and travel
schedules much be submitted with the Travel Expense Report when filing a claim.
F. Meals
A11 rhea] receipts will be submitted with the Travel Expense Report. Receipts must be
detailed and itemized, showing exactly what was purchased (not just credit card
receipts).
G. Registration Fees.
Receipts, or other acceptable evidence of the amount paid, must be submitted with the
Travel Expense Report.
H. Incidental Expenses.
Incidental expenses (except for alcohol, entertainment, and items for personal use) shall
be itemized on the Travel Expense Report, and receipts shall be provided when
appropriate and possible.
I. Cash Advance.
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Approved requests for travel advances (submitted on a Request for Warrant Form — see
Administrative Policy 03.06) shall be submitted to the Finance Department at least ten
(10) working days before the start of travel. Funds will be released no earlier than three
(3) working days prior to the trip departure date.
The Finance Department shall deduct from the total expenses claimed, any expense
item found to be inconsistent with this policy, and shall furnish the employee individual
with an itemized list of items disallowed. Any amount due the employee individual
shall be paid within ten (10) working days from receipt by the Finance Department of
the Travel Expense Report.
III. Alternative Proof of Payment for Training Expenses.
A. Individuals periodically request alternative proof of payment methods for
reimbursable training expenses, (i.e., registration/tuition fees), advanced, when receipts
or cancelled checks are not available.
B. As an exception, only when receipts are impractical to obtain, the following may
be used in place of receipts or cancelled checks for reimbursement purposes.
1. Course announcement specifying the amount of fees, and
2. A document issued by the training institution indicating attendance or
completion of the course by the employee individual.
IV. Use of City Credit Card for Travel Purposes.
City staff members occasionally attend job -related training and conferences, upon
approval of the City's Purchasing Review Committee. Job -related training is often
required by state mandates. In order to make airline and hotel reservations, a credit
card number must he provided to guarantee the reservations.
Prior to use, any employee individual wishing to use a City -issued credit card, must
read and adhere to the City's Credit Card Policy (Administrative Policy--)3.14).
Per Administrative Policy #03.14: Credit cards may never be used to circumvent
established competitive purchasing procedures, or dollar limits established by the
City's Municipal Code, City Ordinances or Purchasing Division procedures. Credit
cards shall only be used to pay for "PRC" authorized travel and training expenses.
Individuals may not use City credit cards for personal expenses even if the intent is to
reimburse the City later. See Administrative Policy 03.14 for complete rules and
details.
Summary
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This Policy cannot cover every issue, exception or contingency that may arise in
obtaining reimbursement for travel and training expenses incurred in the performance
of official duties, and in the use of City credit cards.
Individuals are expected to exercise good judgment and show proper regard for
economy when traveling in conjunction with official City business. Any expense for
which an individual requests reimbursement should directly and manifestly relate to
the conduct of City business and, in the event of an audit, should leave no doubt that
such expenditure was pre -approved by the Purchasing Review Committee, and is in
fact reasonable and necessary in the conduct of City business. Accordingly, the basic
standard that should always prevail is to use common sense and good judgment in the
use and stewardship of City resources.
This Policy shall supersede all previously -adopted policies and procedures pertaining
to reimbursement for travel and training expenses and to the use of City credit cards,
including Instfeetion-Nes.Administrative Policies 03.03, 03.04, 03.05 and 03.14 of the
City Administrative Manual. This Policy satisfies the requirements of Government
Code Sections 53232.2 and 53233.353232.3.
Related Policy References
Government Code Sections: 53232.2, 53233.353232.3, 53233.153232.4
Assembly Bill 1234
City Administrative Manual Policies 03.03, 03.04, 03.05, 03.14
Municipal Code, Chapter 2.60
Forms:
Travel Expense Report: available from the Finance Department or the City's
Intranet site.
Credit Cardholder Use Agreement: available from the Finance Department
:Prior Policy Amendments
September 19, 2006
October 8, 2013
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TITLE: Reimbursement for Expenses Incurred in
The Performance of Official Duties
POLICY #109
ADOPTED: September 19, 2006 AMENDED: October 8, 2013
Purpose
Government Code Sections 53232.2, 53233.3, and 53233.4, enacted pursuant to AB
1234, require the governing body of a local agency to adopt a written policy
addressing reimbursement for travel and training expenses incurred in the
performance of official duties. The City Council deems it desirable to adopt a
uniform policy applicable to City employees, board and commission members,
members of the City Council and other elected officials, governing reimbursement for
such expenses.
The purpose of this administrative policy is to establish uniform policies and
procedures concerning expenses incurred by members of the City Council, board or
commission members, City employees and other elected officials while traveling or
attending events on City business.
I. Policy
A City Councilmember, elected official, board or commission member or City
employee who is required to travel in the performance of their duties or to attend an
authorized meeting, conference or seminar which is of direct benefit to the City shall
be reimbursed for reasonable expenses incurred, including transportation, meals,
lodging and other incidental expenses directly related to such official City business.
Expenses specifically disallowed for reimbursement include purchase of personal use
items, alcoholic beverages and entertainment (including in -room movies).
All requests for city -related travel must be reviewed/approved by the Purchasing
Review Committee (PRC) prior to making any travel commitments or arrangements.
Estimated cost information must be sent to the Finance Department/Purchasing
Division. Upon approval by the PRC, travel plans may be made. PRC approval
numbers must be noted on expense reports and invoices submitted for payment or
reimbursement.
Existing City purchasing policies and procedures must be followed when obtaining
cost estimates, and making arrangements associated with travel. See Municipal Code,
Chapter 2.60 regarding Purchasing polices and procedures.
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TITLE: Reimbursement for Expenses Incurred in POLICY #109
The Performance of Official Duties
ADOPTED: September 19, 2006 AMENDED: October 8, 2013
A. Transportation.
The following modes of transportation may be allowed for the purpose of traveling on
City business:
1. Air Travel. Allowance for air travel will be actual roundtrip via
coach or tourist class accommodation. Receipts for air passage must be retained for
submission with the Travel Expense Report.
2. Personal car. With specific approval from the department head or
the City Manager; personal cars may be used for out-of-town travel. Reimbursement
shall be based on actual mileage used for the official travel. Any mileage used for
personal purposes or otherwise not directly related to official City business shall be
deducted from total miles traveled to arrive at the net reimbursable mileage.
Reimbursement shall be at the prevailing IRS standard mileage rate.
When use of a personal vehicle is authorized, individuals shall adequately account for
their use of the personal vehicle on a daily basis on the Travel Expense Report. Total
reimbursable transportation expense through use of a personal car shall in no case
exceed the allowable expense of transportation by air when one is available to such
destination.
3. City -owned vehicle. Use of City -owned vehicle shall be
authorized when this mode of transportation can be demonstrated as the most
economical means available. For determining advisability of usage, employees shall
be supplied with estimated cost of travel via a City -owned vehicle by Public Works
upon request. Use of a City -owned vehicle shall not be authorized when the
estimated cost exceeds the authorized cost of air travel.
When use of a City -owned vehicle is authorized, individuals shall adequately account for
their use of the City -owned vehicle on a daily basis in the Travel Expense Report.
Individuals shall be charged at the prevailing IRS standard mileage rate for every mile of
personal use of the City -owned vehicle. The cost of personal use of a City -owned
vehicle shall be deducted from the total allowable travel expenses.
Individuals who experience car trouble with a City -owned vehicle while on out-of-
town travel, should contact the Public Works Department as soon as possible for
direction. If it is after work hours or on the weekend, contact the Police Department
Dispatch at (619) 336-4411, and they will get in touch with Public Works staff. Ali
receipts for such repairs must be pre -authorized by Public Works and retained and
forwarded to Public Works for approval prior to reimbursement. In the event of an
accident while using a City -owned vehicle, the traveler should refer to the `Accident
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The Performance of Official Duties
ADOPTED: September 19, 2006 AMENDED: October 8, 2013
Packet' in the glove box of each vehicle for detailed instructions on how to proceed,
then notify Police Dispatch and Public Works immediately_
B. Lodging.
I. General provisions. Reimbursement will be made for the cost of
lodging required to conduct the assigned City business. Dated receipts and meeting
and travel schedules must be retained for submission with the Travel Expense Report.
Lodging will be allowed for the night prior to the commencement of the meeting if
the time set for the start of the meeting requires the individual to leave home prior to
6 a.m. of the day of the meeting. Lodging will be allowed for the night following the
meeting if the employee could not have arrived home prior to 12:00 midnight
following the meeting.
Lodging in connection with separate, consecutive meetings or conferences shall be
permitted if it is less costly than returning to the city for the nights between the
meetings_
In instances where an individual has the option to travel by air and the individual
opted to travel by car, reimbursement for lodging shall be allowed on the same basis
as if the individual traveled by air.
2. Rate of reimbursement. Lodging reimbursement shall be based on
the single room rate charged at the headquarters hotel for the conference or the hotel
most proximate to the site of the meeting. If the hotel has different rates for single
room accommodation, the individual shall be entitled to reimbursement for no more
than the second least expensive rate. In the event the individual occupies a more
expensive room accommodation (e.g. multiple occupancy), they will be reimbursed at
the rate for single occupancy. The employee shall have the hotel indicate on the bill
whether the room is for single or multiple occupancy and the equivalent single
occupancy rate if the accommodation is other than single occupancy. If the rate for
single occupancy cannot be verified from the bill or receipt, the individual shall be
reimbursed at 80% of the rate indicated on the bill.
C. Meals. Reimbursement for meals shall be on the basis of actual cost_ All
meal receipts must be retained for submission with the Travel Expense Report.
Receipts must be detailed and itemized showing exactly what was ordered. Credit
card receipts will not be accepted for purposes of reimbursement.
To claim reimbursement, travel commencement and termination times must be
accounted for. Reimbursement for breakfast is not allowed on the day of departure
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The Performance of Official Duties
ADOPTED: September 19, 2006 AMENDED: October 8, 2013
unless the trip starts prior to 7:00 a.m. Reimbursement for dinner is not allowed on the day
of return unless the trip ends later than 8:00 p.m.
D. Registration Fees.
Fees charged for registration at a conference or meeting which an individual is
authorized to attend are reimbursable. Receipts or other acceptable evidence of the
amount of the fees, such as a copy of the conference program/invitation setting forth
the fee rates, shall be retained for submission with the claim form.
E. Incidental Expenses.
1. Taxi and Bus Fares. Reimbursement will be allowed for taxi, bus
fare or other transportation costs when such transportation is necessary in the conduct
of City business. Receipts must be provided for these expenses, regardless of cost.
Such expenses shall be itemized on the Travel Expense Report.
2. Communications. Telephone and telegraph charges will be
reimbursed for official calls and wires only. Unofficial calls charged to the hotel bill
should be identified and deducted from the total hotel bill.
3. Parking, garage, and toll charges. Parking, garage, and toll
expenses will be reimbursed when an automobile is used for transportation. Receipts
must be submitted for reimbursement.
4. Tips, gratuities, and services fees. Customary tips of up to 20
percent will be permitted on reimbursable items. Tips shall be itemized on the claim
form.
5. Miscellaneous. All items of expense not included in any of the other
categories but which nonetheless can be clearly identified as incidental to the
undertaking of City business shall also be allowed reimbursement. Receipts for these
items must be submitted. Examples of such expenses are public stenographer fees,
duplicating expenses and the cost of publications of value to the City being
distributed at conference.
F. P.O.S.T. Expenses.
Expenditures in training Police Department personnel under the P.O.S.T. Program
shall be authorized and reimbursed by the City in accordance with established
P.O.S.T. guidelines. In case of conflict between the P.O.S.T. guidelines and this
policy, the P.O.S.T. guidelines shall prevail but only in the case of expenditures
properly reimbursable under the P.O.S.T. Reimbursement Program.
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The Performance of Official Duties
ADOPTED: September 19, 2006 AMENDED: October 8, 2013
G. Cash Advance.
It is encouraged that individuals use their own money or credit cards to finance the
trip and then claim reimbursement upon their return.
If in the judgment of a department manager, estimated expenses for a contemplated
out -of -city travel are too high to expect the individual to finance the trip and be
reimbursed upon their return, the department manager may authorize advance
payment or a maximum of 5200 to the employee. An advance in excess of $200 must
have the approval of the City Manager.
Approval of cash advance does not constitute approval for expenditure of the amount so
advanced. All actual expenditures must be justified and approved based on limits and
allowances set by this policy.
H. Procedures
A. Reimbursement of Business Travel Expenses.
The individual shall submit a signed Travel Expense Report to the department
director after completion of travel. Such report shall show the details of official
business expenses incurred and should be accompanied by supporting documents
required under this policy. The department director shall review the report for
compliance with this policy and affix their signature to signify approval. The Travel
Expense Report must be forwarded to the Finance Department within three (3)
working days upon return. City Council members and members of boards and
commission shall submit the Travel Expense Report to the City Manager for
approval.
B. Air.
Allowance for air travel will be actual round trip via coach or tourist class
accommodation. Travel Expense Reports will be accompanied by air passage receipts
when filed.
C. Personal Car.
Individuals shall account for use of their vehicle on a daily basis through use of a
Travel Expense Report, which is to be submitted when filing a claim.
D. City -owned Vehicle.
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The Performance of Official Duties
ADOPTED: September 19, 2006 AMENDED: October 8, 2013
Authorized personal use of a City vehicle will be accounted for on a Travel Expense
Report, which will be submitted when filing for reimbursement. Individuals will be
charged the prevailing IRS standard mileage rate for each mile, and shall be deducted
from the total allowable travel expenses.
Emergency repair- receipts must be submitted to Public Works for approval prior to
reimbursement.
E. Lodging.
Receipts indicating date and occupancy status, accompanied by meeting and travel
schedules much be submitted with the Travel Expense Report when filing a claim.
F. Meals
All meal receipts will be submitted with the Travel Expense Report. Receipts must
be detailed and itemized, showing exactly what was purchased (not just credit card
receipts).
G. Registration Fees.
Receipts, or other acceptable evidence of the amount paid, must be submitted with the
Travel Expense Report.
H. Incidental Expenses.
Incidental expenses (except for alcohol, entertainment, and items for personal use)
shall be itemized on the Travel Expense Report, and receipts shall be provided.
I. Cash Advance.
Approved requests for travel advances shall be submitted to the Finance Department
at least ten (10) working days before the start of travel. Funds will be released no
earlier than three (3) working days prior to the trip departure date.
The Finance Department shall deduct from the total expenses claimed, any expense
item found to be inconsistent with this policy, and shall furnish the employee with an
itemized list of items disallowed. Any amount due the employee shall be paid within
ten (10) working days from receipt by the Finance Department of the Travel Expense
Report.
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The Performance of Official Duties
ADOPTED: September 19, 2006 AMENDED: October 8, 2013
III. Alternative Proof of Payment for Training Expenses.
A. Individuals periodically request alternative proof of payment methods for
reimbursable training expenses, (i.e., registration/tuition fees), advanced, when receipts
or cancelled checks are not available.
B. As an exception, only when receipts are impractical to obtain, the
following may be used in place of receipts or cancelled checks for reimbursement
purposes.
1. Course announcement specifying the amount of fees, and
2. A document issued by the training institution indicating attendance or
completion of the course by the employee
IV. Use of City Credit Card for Travel Purposes.
City staff members occasionally attend job -related training and conferences, upon
approval of the City' s Purchasing Review Committee (PRC). Job related training is
often required by state mandates. In order to make airline and hotel reservations, a
credit card number must be provided to guarantee the reservations.
Prior to use, any employee wishing to use a City -issued credit card, must read and
adhere to the City's Credit Card Policy (Administrative Policy #3.14).
Per Administrative Policy #3.14: Credit cards may never be used to circumvent
established competitive purchasing procedures, or dollar limits established by the
City's Municipal Code, City Ordinances or Purchasing Division procedures. Credit
cards shall only be used to pay for "PRC" authorized travel and training expenses.
Individuals may not use City credit cards for personal expenses even if the intent is to
reimburse the City later. See Administrative Policy 3.14 for complete rules and
details.
Summary
This Policy cannot cover every issue, exception or contingency that may arise in
obtaining reimbursement for travel and training expenses incurred in the performance
of official duties, and in the use of City credit cards.
Individuals are expected to exercise good judgment and show proper regard for
economy when traveling in conjunction with official City business. Any expense for
which an individual requests reimbursement should directly and manifestly relate to
the conduct of City business and, in the event of an audit, should leave :no doubt that
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TITLE: Reimbursement for Expenses Incurred in POLICY #109
The Performance of Official Duties
ADOPTED: September 19, 2006 AMENDED: October 8, 2013
such expenditure was pre -approved by the Purchasing Review Committee, and is in
fact reasonable and necessary in the conduct of City business. Accordingly, the basic
standard that should always prevail is to use common sense and good judgment in the
use and stewardship of City resources.
This Policy shall supersede all previously -adopted policies and procedures pertaining
to reimbursement for travel and training expenses and to the use of City credit cards,
including Instruction Nos. 3.03, 3.04, 3.05 and 3.14 of the City Administrative Manual.
This Policy satisfies the requirements of Government Code Sections 53232.2 and
53233.3.
Related Policy References
Government Code Sections: 53232.2, 53233.3, 53233.4
Assembly Bill 1234
City Administrative Manual Policies 3.03, 3.04, 3.05, 3.14
Municipal Code, Chapter 2.60
Forms:
Travel Expense Report: available from the Finance Department or the City's
Intranet site.
Credit Cardholder Use Agreement: available from the Finance Department
Prior Policy Amendments
September 19, 2006
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CITY COUNCIL POLICY
CITY OF NATIONAL CITY
TITLE: POLICY #
DISPLAY OF FLAGS 110
ADOPTED: July 14, 1987 AMENDED: December 2, 2008
Purpose
To establish guidelines governing the flying of the following 15 flags:
United States of America
State of California
City of National City
Army
Navy
Marine Corps
Air Force
United States Coast Guard
POW
Army Retired
Navy Retired
Air Force Retired
World War II Commemorative
Korea War Veterans
Vietnam Veterans
Policy
The City of National City observes the following protocol with respect to the display
of the flags.
1) The flags will be displayed from sunrise to sunset unless properly lighted.
2) The flags will be hoisted briskly and lowered ceremoniously.
3) Th.e flags will not be displayed on days when the weather is inclement, except
when an all-weather flag is displayed.
4) The City Manager is authorized to display at all City buildings the United
States flag at half-staff in accordance with the rules set forth below and at
such tunes as the President of the United States, the Governor of the
State of California, or the Mayor of the City of National City may, with the concurrence
of the City Council, prescribe such action.
a) Thirty days from the death of a President or former President.
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b) Ten days from the day of death of a Vice -President, Chief --Justice of the
United States or a Speaker of the House of Representatives.
c) The day of death and on the following day for a United States Senator or
Representative, the Governor of the State of California, and any elected official
of the City of National City.
d) On the closest working day to the date of internment for an employee of the City
of National City.
5) The flags will be flown at half-staff on the following days:
a) Memorial Day until 12 noon.
b) Patriot Day, September 11
c) When flying the flags at half-staff, the flags will be hoisted to the peak for an
instant and then lowered to the half-staff position.
6) At Kimball Bowl, the United States, State of California, and the City of
National City flags will be flown 24 hours, 7 days a week, except in the
case of inclement weather. These flags shall be lighted during nighttime
hours.
7) All locations will fly the United States and the State of California flags on
the holidays listed below. In addition, the Kimball Bowl will fly other flags
on certain holidays as listedbelow:
a) Inauguration Day January 20th
b) President Day — 3rd Monday in February
c) Armed Forces Day — 3rd Saturday in May (Ceremonial flags will
be flown at Kimball Bowl)
d) Memorial Day — the last Monday in May (Ceremonial flags will be
flown at Kimball Bowl)
e) Flag Day — June 14 (Ceremonial flags will be flown at Kimball Bowl)
f) Independence Day — July 4 (Ceremonial flags will be flown at Kimball Bowl)
g) Labor Day— 1st Monday in September
h) California Admission Day — September 9
i) Patriot Day — September 11 (Ceremonial flags will be flown at Kimball Bowl)
j) Veterans Day — November 11 (Ceremonial flags will be flown at Kimball Bowl)
k) Pearl Harbor Day — December 7 (Ceremonial flags will be flown at Kimball Bowl)
1) Other days that may be proclaimed by the President of the United States
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CITY COUNCIL POLICY
CTI'Y OF NATIONAL CITY
8) The following departments are responsible for raising and lowering the
flags at the listed locations:
a) Las Palmas Park — Parks and Recreation Department
b) Library — Public Works Department
c) Civic Center — Public Works Department
d) Police Department — Public Works Department
e) Fire Department (Stations #15 and #1 0) — Fire Department
f) Kimball Bowl — Public Works Department
9) Upon establishment, the National City Military Affairs Advisory Committee shall
assume responsibility for the display of ceremonial flags at Kimball Bowl.
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CITY COUNCIL POLICY
CITY OF NATIONAL CITY
TITLE:
DISPLAY OF FLAGS
POLICY #
110
ADOPTED: July 14, 1987 AMENDED: December 2, 2008
Purpose
To establish guidelines governing the flying of the following 15 flags:
United States of America
State of California
City of National City
Army
Navy
Marine Corps
Air Force
United States Coast Guard
POW
Army Retired
Navy Retired
Air Force Retired
World War 11 Commemorative
Korea War Veterans
Vietnam Veterans
Policy
The City of National City observes the following protocol with respect to the display
of the flags.
1) The flags will be displayed from sunrise to sunset unless properly lighted.
2) The flags will be hoisted briskly and lowered ceremoniously.
3) The flags will not be displayed on days when the weather is inclement, except
when an all-weather flag is displayed.
4) The City Manager is authorized to display at atlgron City buildings the United
States flag at half-staff in accordance with the rules set forth below and at
such times as the President of the United States, the Governor of the
State of California, or thV lYiMuxVY ofthe City fNat; al Cily y, , .:th t e een t,n ence
ILl
of the City e};a request by the City Manager and concurrence by the Mayor
and notification to the City Council prescribe such action.
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CITY COUNCIL POLICY
CITY OF NATIONAL CITY
a) Thirty days from the death of a President or former President.
b) Ten days from the day of death of a Vice -President, Chief -Justice of the
United States or a Speaker of the House of Representatives.
c) The day of death and on the following day for a United States Senator or
Representative, the Governor of the State of California, and any elected official
of the City of National City.
d) On the closest working day to the date of internment for an employee of the City
of National City.
5) The flags will be flown at half-staff on the following days:
a) a)- Peace Officers Memorial Day until 12, May 15th, unless that day is also
Armed Forces Day (sunrise to sunset).
b) Memorial Day, last Monday in May, sunrise to noon.
b)) Patriot Day, September 11, sunrise to sunset.
d) e)-Pearl Harbor Rememberance Day, December 7, sunrise to sunset.
e) National Firefighters Memorial Day, rotating date in October, typciall a Sunday
(sunrise to sunset).
When flying the flags at half-staff, the flags will be hoisted to the peak for an
instant and then lowered to the half-staff position.
6) At Kimball Bowl, the United States, State of California, and the City of
National City flags will be flown 24 hours, 7 days a week, except in the
case of inclement weather. These flags shall be lighted during nighttime
hours_
7) All locations will flythe United States and the State of California flags on
the holidays listed below. In addition, the Kimball Bowl will fly other flags
on certain holidays as listedbelow:
a) Inauguration Day — January 20th
b) President Day — 3rd Monday in February
c) Armed Forces Day — 3rd Saturday in May (Ceremonial flags will
be flown at Kimball Bowl)
d) Memorial Day — the last Monday in May (Ceremonial flags will be
flown at Kimball Bowl)
e) Flag Day — June 14 (Ceremonial flags will be flown at Kimball Bowl)
Independence Day — July 4 (Ceremonial flags will be flown at Kimball Bowl)
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CITY COUNCIL POLICY
CITY OF NATIONAL CITY
g) Labor Day —1 ' Monday in September
h) California Admission Day — September 9
i) Patriot Day — September 11 (Ceremonial flags will be flown at Kimball Bowl)
j) Veterans Day — November 11 (Ceremonial flags will be flown at Kimball Bowl)
k) Pearl Harbor Day— December 7 (Ceremonial flags will be flown at KLmball Bowl)
1) Other days that may be proclaimed by the President of the United States
8) The following departments are responsible for raising and lowering the
flags at the listed locations:
a) a) -Las Palmas Park — Public Works Department
b) Las Palmas Municipal Pool - Public Works Department
b) Library — Public Works Department
c) Civic Center — Public Works Department
d) Police Department — Public Works Department
e) Fire Department (Stations ##15 31 and ##10 34) -- Fire Depaitiiient
f) Kimball Bowl — Public Works Department
g) Kimball Recreation Center — Public Works Department
9) Upon establishment, the National City Military Affairs Advisory Committee shall
assume responsibility for the display of ceremonial flags at Kimball Bowl.
Page 3 of 3
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CITY COUNCIL POLICY
CITY OF NATIONAL CITY
TITLE:
DISPLAY OF FLAGS
POLICY #
110
ADOPTED: July 14, 1987 AMENDED: December 2, 2008
Purpose
To establish guidelines governing the flying of the following 15 flags:
United States of America
State of California
City of National City
Army
Navy
Marine Corps
Air Force
United States Coast Guard
POW
Army Retired
Navy Retired
Air Force Retired
World War II Commemorative
Korea War Veterans
Vietnam Veterans
Policy
The City of National City observes the following protocol with respect to the display
of the flags.
1) The flags will be displayed from sunrise to sunset unless properly lighted.
2) The flags will be hoisted briskly and lowered ceremoniously.
3) The flags will not be displayed on days when the weather is inclement, except
when an all-weather flag is displayed.
4) The City Manager is authorized to display at City buildings the United
States flag at half-staff in accordance with the rules set forth below and at
such times as the President of the United States, the Governor of the
State of California, or a request by the City Manager and concurrence by the Mayor
and notification to the City Council prescribe such action.
a) Thirty days from the death of a President or former President.
Page 1 of 3
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CITY COUNCIL POLICY
CITY OF NATIONAL CITY
b) Ten days from the day of death of a Vice -President, Chief -Justice of the
United States or a Speaker of the House of Representatives.
c) The day of death and on the following day for a United States Senator or
Representative, the Governor of the State of California, and any elected official
of the City of National City.
d) On the closest working day to the date of internment for an employee of the City
of National City.
5) The flags will be flown at half-staff on the following days:
a) Peace Officers Memorial Day, May 15t', unless that day is also Armed Forces
Day (sunrise to sunset).
b) Memorial Day, last Monday in May, sunrise to noon.
c) Patriot Day, September 11, sunrise to sunset.
d) Pearl Harbor Rememberance Day, December 7, sunrise to sunset.
e) National Firefighters Memorial Day, rotating date in October, typciall a Sunday
(sunrise to sunset).
When flying the flags at half-staff, the flags will be hoisted to the peak for an
instant and then lowered to the half-staff position.
b) At Kimball Bowl, the United States, State of California, and the City of
National City flags will be flown 24 hours, 7 days a week, except in the
case of inclement weather. These flags shall be lighted during nighttime
hours.
7) All locations will fly the United States and the State of California flags on
the holidays listed below. In addition, theKimball Bowl will fly other flags
on certain holidays as listedbelow:
a) Inauguration Day — January 201h
b) President Day — 3rd Monday in February
c) Armed Forces Day — 3'd Saturday in May (Ceremonial flags will
be flown at Kimball Bowl)
d) Memorial Day — the last Monday in May (Ceremonial flags will be
flown at Kimball Bowl)
e) Flag Day — June 14 (Ceremonial flags will be flown at Kimball Bowl)
f) Independence Day — July 4 (Ceremonial flags will be flown at Kimball Bowl)
g) Labor Day — 1 Monday in September
Page 2 of 3
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CITY COUNCIL POLICY
CITY OF NATIONAL CITY
h) California Admission Day — September 9
i) Patriot Day — September II (Ceremonial flags will be flown at Kimball Bowl)
j) Veterans Day — November 11 (Ceremonial flags will be flown at Kimball Bowl)
k) Pearl Harbor Day — December 7 (Ceremonial flags will be flown at Kimball Bowl)
1) Other days that maybe proclaimed by the President of the United States
8) The following departments are responsible for raising and lowering the
flags at the listed locations:
a) Las Palmas Park — Public Works Department
b) Las Palmas Municipal Pool - Public Works Department
b) Library — Public Works Department
c) Civic Center — Public Works Department
d) Police Department -- Public Works Department
e) Fire Department (Stations # 31 and # 34) — Fire Department
f) Kimball Bowl — Public Works Department
g) Kimball Recreation Center — Public Works Department
9) Upon establishment, the National City Military Affairs Advisory Committee shall
assume responsibility for the display of ceremonial flags at Kimball Bowl.
Page 3 of 3
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CITY COUNCIL POLICY
CITY OF NATIONAL CITY
TITLE: Grant Review Policy POLICY # 114
ADOPTED: February 13, 2001 AMENDED: October 8, 2013
Purpose
Funds from federal, state, local and private sources are important resources -that need to
be included in the City's financial plan. The following policy provides a framework for
City-wide coordination of grant activities among departments, and an opportunity to
determine the immediate and long term financial consequences of accepting funding.
This policy shall cover all departments of City government.
Policy
I. The City Manager's Office will act as a clearinghouse for all grant applications. Any
City department intending to apply for funding from federal, state, local or private
source shall obtain approval from the City Manager's Office in advance of the filing of
any grant application. This shall be done by submitting the "Grant Application" form,
which is available in the office of the City's designated Grant Coordinator.
II. The City Manager's Office will review the "Grant Application" form to ensure that
proposals are coordinated with the City's existing programs, ensure that administrative,
reporting and evaluation requirements are adequately addressed by the requesting
department, and evaluate the immediate and long term financial consequences of the
proposal. The City Manager's Office may request additional information or
presentations from requesting departments.
III. After reviewing the department's request, the City Manager may, at his/her discretion,
decide tivhether to approve the solicitation of outside funding. On a periodic basis, the
City Manager, or designee, will inform the City Council of any decisions approving
solicitations of outside funding. On a case -by -case basis, the City Manager may also
choose to refer individual grant funding requests to City Council for consideration.
IV. In the event that the grant requires matching funds from the City, and the value of those
matching funds exceeds the City Manager's signature authority, Council approval will
be required at the time of (or prior to) acceptance of the grant award.
V. For those proposals for outside funding which are allowed to go forward, the City
Manager shall additionally determine at his/her discretion whether the grant or private
funding request is best authored by City Staff or by other sources including professional
outside grant writers engaged by the City Manager. If the decision is made to employ
Pape 1 of 2
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TITLE: Grant Review Policy POLICY # 114
ADOPTED: February 13, 2001 AMENDED: October 8, 2013
outside grant writers, a "Letter of Authorization" will be sent from the City Manager or
designee to the outside grant writer so as to begin the grant application process. The
City Manager shall approve all grant applications.
J
VI. Upon notification by a federal, state, local government, or private funding source of a
grant award or intent to fund, the City department responsible for administering the
grant shall request a resolution approving the acceptance and appropriation of the funds
be prepared and calendared for an upcoming City Council meeting. The request for
resolution shall include documentation of the intent to fund as provided by the funding
source. The City Council shall formally approve the acceptance of all grant and private
funds.
Related Policy References
"Grant Application" and Grant Process Flowchart are available from the City's Grant
Coordinator
Prior Policy Amendments
None
3 p.9 of 7
209 of 262
TITLE: Grant Review Policy POLICY #114
ADOPTED: February 13, 2001 AMENDED/REVISED:
Purpose
Funds from federal, state, local and private sources are important resources that need to be
included in the City's financial plan. The following policy provides a framework for City-wide
coordination of grant activities among departments, and an opportunity to determine the
immediate and long term financial consequences of accepting funding. This policy shall cover
all departments of City government.
Policy
LThe City Manager's Office will act as a clearinghouse for all grant applications. Any City
department intending to apply for funding from federal, state, local or private sources shall
obtain approval from the City Manager's Office in advance of the filing of any grant application.
This shall be done by submitting the "Grant Application" fornnRequest to Apply ttr Federal,
City's designated Grant Coordinator.rr.
1-
L-Procedure
I. This shall be done by submitting the "Grant Application" form. which is available in the office
of the City's designated Grant Coordinator. The City Manager's Office will review the "Grant
Application" form e ues o \ppl3rr ed•—date and Low l Government Grants Or
Private Funds" to ensure that proposals are coordinated with the City's existing programs,
ensure that administrative, reporting and evaluation requirements are adequately addressed by
the requesting department, and evaluate the immediate and long term financial consequences of
the proposal. The City Manager's Office may request additional information or presentations
from the requesting departments.
III.II. After reviewing the department's request, the City Manager may, at his/her discretion, decide
whether to approve the solicitation of outside funding. On a periodic basis, the City Manager:.
or designee, will inform the City Council of any decisions approving solicitations of outside
funding. On a ease -by -case basis, the City Manager may also choose to refer an individual
grant funding request Grants or
Private Funds" .to City Council for consideration.
-i iFor those proposals y.f=AY`,;= outside funding which that are allowed to go forward, the City
Manager shall additionally determine at his/her discretion whether the grant or private funding
request is best authored by City Staff or by other sources to include iheltieling--professional
outside grant writers eugaged by the City Manager. If the decision is made to employ a ewe
private grant writers, a "Letter of Authorization" will be sent from the ,4 ,2 °City
Page 1 of 2
210 of 262
Tana`er or designee applicant dcpartrne t??) Ofe to the outside grant writer so as to begin
the grant application process. The City Manager shall approve all grant applications.
calendared�yy�pforr an upcoming City Cenci} meeting. The request for resolution shall include
do�a�i n of t e Y1tent to �,�oyid, .by-the-funding-seere GTy CouIIL'i1 shall
r l Mof Ai l grant and N + f, A
iJx.l1 V � 1. LL V iCV4`
Related Policy References
"Grant Application" and Grant Process Flowchart are available from Grant Coordinator
Prior Policy Amendments
None
TITLE: Grant Review Policy POLICY #114
ADOPTED: February 13, 2001
AMENDED/REVISED:
Purpose
Funds from federal, state, local and private sources are important resources that need to be
included in the City's financial plan. The following policy provides a framework forCity-wide
coordination of grant activities among departments, and an opportunity to determine the
immediate and long term financial consequences of accepting funding. This policy shall cover
all departments of City government.
Policy
The City Manager's Office will act as a clearinghouse for all grant applications. Any City
department intending to apply for funding from federal, state, local or private sources shall
obtain approval from the City Manager's Office in advance of filing any grant application.
Procedure
I. This shall be done by submitting the "Grant Application" form, which is available in the office
of the City's designated Grant Coordinator. The City Manager's Office will review the "Grant
Application" form to ensure that proposals are coordinated with the City's existing programs,
ensure that administrative reporting and evaluation requirements are adequately addressed by
the requesting department, and evaluate the immediate and long term financial consequences of
the proposal. The City Manager's Office may request additional information or presentations
from the requesting department.
If. After reviewing the depailuient's request, the City Manager may, at his/her discretion, decide
whether to approve the solicitation of outside funding. On a periodic basis, the City Manager
or designee, will inform the City Council of any decisions approving solicitations of outside
funding. On a ease -by -case basis, the City Manager may also choose to refer an individual
grant funding request to City Council for consideration.
III. For those proposals of outside funding that are allowed to go forward, the City Manager shall
additionally determine at his/her discretion whether the grant or private funding request is best
authored by City Staff or by other sources to include professional outside grant writers by the
City Manager. If the decision is made to employ a private grant writer, a "Letter of
Authorization" will be sent from the City Manager or designee to the outside grant writer so as
to begin the grant application process. The City Manager shall approve all grant applications.
Related Policy References
"Grant Application" and Grant Process Flowchart are available from Grant Coordinator
Prior Policy Amendments
None
CC/CDC-HA Agenda
10/18/2016 — Page 213
The following page(s) contain the backup material for Agenda Item: Temporary Use
Permit — Padres Pedal the Cause sponsored by Pedal the Cause on November 12, 2016
from 7:15 a.m. to 8:00 a.m. with no waiver of fees. (Neighborhood Services)
213 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE:
Temporary Use Permit — Padres Pedal the Cause sponsored by Pedal the Cause on November 12, 2016 from
7:15 a.m. to 8:00 a.m. with no waiver of fees.
PREPARED BY: [Dionisia Trejo ] DEPARTMENT:
PHONE: 619-336-4255 1 APPROVED BY
EXPLANATION:
od Services Department
This is a request from the non-profit organization Pedal the Cause to conduct the "Padres Pedal the Cause
Bicycle Ride" through San Diego County on November 12, 2016. This will be the 4th Annual Pedal the Cause
fundraising cycling event dedicated to raising money for cancer research in San Diego County.
OUTBOUND — The course begins at Petco Park at 7:00 a.m. heading south towards downtown San Diego and
the harbor district. This bicycle ride will enter the City of National City at approximately 7:15 a.m. on Civic Center
Drive, then proceeding south on Tidelands Avenue, turning left onto W 32"d Street entering on the Bayshore
Bikeway on which riders will use until reaching Plaza Bonita Road. Riders will then ride southbound on Plaza
Bonita Road leaving National City jurisdiction. The total estimated time of this event duration while in National
City is expected to be approximately 45 minutes.
Applicant is requesting to cone off a section of the southbound right lane on Plaza Bonita Road to allow riders to
exit the bike path onto the road. The event organizers will use the company Statewide Traffic & Safety to manage
traffic control.
NOTE: This is the first year this organization has requested a Temporary Use Permit to conduct the Padres
Pedal the Cause event through National City.
FINANCIAL STATEMENT: APPROVED: Firm
ACCOUNT NO. I APPROVED: MIS
City fee of $237.00 for processing the TUP through various City departments, and $476.00 for Engineering
Total fees: $713.00 1
ENVIRONMENTAL REVIEW:
Ihui
ORDINANCE: INTRODUCTION:
1
FINAL ADOPTION:
1
STAFF RECOMMENDATION:
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval.
BOARD / COMMISSION RECOMMENDATION:
Nll�
ATTACHMENTS:
Application for a Temporary Use Permit with recommended approvals and conditions of approval.
214 of 262
Of NAIL
404111
Pittareaollp
Type of Event
❑ FairlFestival
0 TUP
City of National City n Neighborhood Services Department
1243 National City Boulevard • National City, CA 91950
(619) 336-4364 s fax (619) 336-4217
www.nationalcityca.gov
Special Event Application
❑ Parade/March
❑■ Sporting Event
Event Name & Locatibn•
❑ Walk or Run ❑ Concert/Performance
❑ Other (specify) Bicycle ride (icon race)
Event Title Padres Pedal the Cause
Event Location (list ail sites being requested)
Set -Up Starts
Date
Various roads in National City (see attached information pack)
Day of Week
Event Starts 7.15am Saturday Date November12.2076 Time Day of Week
Event Ends
Date November 12, 2016 Time 8am Day of Week Saturday
Day of Week
Time NA
Breakdown Ends
Date
Time NA
Applicant Information
Applicant (Your name) Anne Nlarbarger Sponsoring Organization Pedal the Cause
Event Coordinator (if different from applicant) Josephine Alien, CCSD Sport Event
Mailing Address 1286 University Avenue, #268, San Diego, CA 92103'
Day Phone 917-355"1317 After Hours Phone Ceii Fax
u�,liuInformation Phone 760 642 2725 E-mail jo@ccsd.Com
Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers. employees and agents
from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense
(including attorney's fees) and causes of action of any character which the City, its officers, employees and agents
may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for
bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and
invitees of eaci- party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any
City premises under this agreement to the extent permitted by law.
The undersigned also understands and ccepts the City's refund policy for application processing and faciiitsr use
and that fees and charges are adjusted inually end are subject to change.
Signature of Applicant:
ccs 'Out, E'rI
Date
215 of 262
Fees/Proceeds/Reporting
Is your organization a "Tax Exempt, nonprofit" organization? Yes I]' No 0
Are admission, entry, vendor or participantfees required? Yes gr No ❑,
If YES, please explain the purpose and provide amount (s):
Participants raise funds for Pedal the Cause in return for riding in the event.
Amount raised varies by each individual 100% of funds go to charitable causes.
$ $3.5m Estimated Gross Receipts including ticket, product and sponsorship sales from this
event,
$ $0.5m
Estimated Expenses for this event.
$ $3m What is the projected amount of revenue that the Nonprofit Organization will receive
as a result of this event?
216 of 262
Special Event Application (continued)
Please complete the following sections with as much detail as possible since fees and requirements are
based on the information you provide us.
Description of Event
Al First time event ❑ Returning Event ❑ include site map with application
Note that this description may be published in our City Public Special Events Calendar:
Padres Pedal the Cause is a fundraising cycling event that takes place
in San Diego each year to raise funds for cancer research at
Moores Cancer Center, Salk Institute for Biological Studies,
Sanford Burnham Prebys Medical Discovery Institute and
Rady Children's Hospital. The event raises around $2.2m
Estimated Attendance
Anticipated # of Participants: 400450 Anticipated # of Spectators:
Traffic Control, Security, First Aid and Accessibility
Requesting to close street(s) to vehicular traffic? Yes ❑ No 0
List any streets requiring closure as a result of the event (provide map): Coned lane requested
on Plaza Bonita Rd. Cyclists present between 7am and 7.35am. Please refer to attached map.
Date and time of street closure: 6am Date and time of street rcopeninq: 8.45am
❑ Other (explain) _
Requesting to post "no parking" notices? Yes ❑ No ❑
❑ Requested "No Parking° on city streets and/or parking Tots (list streets/parking lots) (provide map):
❑ Other (explain)
217 of 262
Security and Crowd Control
Depending on the number of participants, your event may require Police services.
Please describe your procedures for both Crowd Control and Internal Security:
Not required
Have you hired Professional Security to handle security arrangements for this event?
Yes ❑ No ID If YES, name and address of Security Organization
Security Director (Name): Phone:
If using the services of a professional security firm AND the event will occur on City property, please
provide a copy Of its insurance certificate. evidencing liability with limits of at least Si Million dollars per
occurance/$2 dollars aggregate, as well as arid additional insured endorsement naming the Car
of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must
be provided by the vendor or its insurer to the City's Risk Manager for review and approval prior to the
event
is this a night event? Yes ❑ No ❑ If YES, please state how the event and surrounding area will
be illuminated to ensure safety of the participants and spectators:
First Aid
Depending on the number of participants, your event may require specific First Aid services.
First aid station to be staffed by event staff? Yes❑ No ❑■ First aid/CPR certified? Yes ❑1 No ❑
AMR - see attached medical plan
❑ First aid station to be staffed by professional company. lio• Company
Accessibility
Please'describe your Accessibility Plan for access at your event by individuals with disabilities:
Event will be open to cyclists with disabilities.
218 of 262
Elements of your Event
Setting up a stage? Yes ❑ No
❑ Requesting City's PA system
❑ Requesting City Stage; if yes, which size? ❑ Dimensions (13x2B) ❑ Dimensions (20x28)
�] Applicant providing own stage ► (Dimensions)
Setting up tables and chairs?
D Furnished by Applicant or Contractor
# of tables Q No tables being set up
# of chairs IN No chairs being set up
❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events
# of tables ® No tables being set up
# of chairs Q No chairs being set up c.o �� 6-t'et3
Contractor Name 3t,+
Contractor Contact Information
Address City/State Phone Number
Setting up other equipment?
❑ Sporting Equipment (explain)
❑ Other (explain)
• Not setting up any equipment listed above at event
Having amplified sound and/or music? Yes ❑ No El
❑ PA System for announcements ❑ CD player or DJ music
• L ive Music . ❑ Small 4-5 piece live band C ❑ Large 6+ piece live band
❑ Other(exp!*)
If using live music or a DJ. IN. Contractor Name
City/State Phone Number
Using lighting equipment at your event? Yes ❑ Not
❑ Bringing In own lighting equipment
❑ Using professional lighting company ► Company Name
Address City/State Phone Number
219 of 262
Using electrical power? Yes ❑ No ■❑
❑ Using on -site electricity
❑ Bringing in generator(s)
❑ For sound and/or lighting
❑ For sound and/or lighting
❑ For food and/or refrigeration
❑ For food and/or refrigeration
Vendor Information
PLEASE NOTE You may be required to apply for a temporary health permit if food or beverages
are sold of given away during your special event. Also see `Permits and Compliance' on page B
in the Special Event Guide, For additional information on obtaining a temporary health permit,
please contact the County of San Diego Environmental Health at (619) 338-2363,
Having food and non-alcoholic beverages at your event? Yes ❑ Not
❑ Vendors preparing food on -site ► # ► Business License #
if yes, please describe how food will be served and/or prepared:
❑ Vendors bringing pre -packaged food ► # ► Business License #
❑ Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► #
❑ Vendors selling food # ► Business License #(s)
❑ Vendors selling merchandise # ► Business License #(s)
u Food/beverages to be handled by organization; no outside vendors
❑ Vendors selling services # ► Business License #(s)
► Explain services
❑ Vendors passing out information only (no business license needed) #
► Explain type(s) of information
di No selling or informational vendors at event
Having children activities? Yes ❑ No ❑E
PLEASE NOTE. In the event inflatable jumps are providedat the event, The City of National City
requires commercial liability insurance with limits of at least $1 Million dollars per occurrencel$2 Million
dollars aggregate. In addition, the City of National City must be named as an Additional Insured
pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's
Risk Manager, along with the Certificate of Insurance, for approval prior to the event. The application
should be filed out at least one week prior to the event. There is a $25 fee to process the permit
application. For questions or to obtain a copy of the "Facility Use Application", please contact the
Engineering/Public Works Department at (619) 336-4580. .
❑ Inflatable bouncer house #
❑ Inflatable bouncer slide #
❑ Other
❑ Rock climbing wall Height
O Arts & crafts (Le., craft making, face painting, etc.)
220 of 262
Having fireworks or aerial display? Yes ❑ No ❑■
❑ Vendor name and license #
Dimensions Duration
Number of shells Max. size
PLEASE NOTE: In the event fireworks or anotheraerial..display is planned for your event, The City of
National City requires commercial liability insurance with limits of at least $2 Million dollars per
occurrence) $4 Million dollars aggregate, In addition, the City of National City must be named as an
Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its
insurer to the City's Risk Manager, along with the Certificate of Insurance,for approval prior t0 the •
event. Depending on the size and/or nature (Atha fireworks display, the City reserves the right to
request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire
Department and the cost Is $502.00.
Arranging for media coverage? Yes❑■ No❑
❑■ Yes, but media will not require special set-up •
❑ Yes, media will require special set-up.
-Event Signage
PLEASE NOTE: For City sponsored or co -sponsored events, banners publicizing the event may be
placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners
must be made to the City's specifications. Please refer to the City's Special Event Guidebook and Fee
Schedule for additional inforrnation.
Are you planning to have signage at your event? Yes 0 No 0
see attached signage plan
Yes, we will post signage # Dimensions
[ I Yes, having inflatable signage # Is, (complete Inflatable Signage Request form)
❑ Yes, we will have banners #
?] What will signs/banners say?
❑ How will signslbanners be anchored or mounted?
PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there
are sufficient facilities in the immediate area available to the public during the event.
Are you planning to provide portable restrooms at the event? Yes ❑ No NI
If yes, please identify the following:
► Total number of portable toilets:
► Total number of ADA accessible portable toilets:
❑ Contracting with portable toilet vendor. O.
Company Phone
► Load -in Day & Time 10- Load -out Day & Time
❑ Portabletoilets to be serviced. ► Time
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Set-up, Breakdown, Clean-up
Setting up the day before the event?
❑ Yes, will set up the day before the event. ► # of set-up day(s)
j No, set-up will occur on the event day
Requesting vehicle access onto the turf?
❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access
Request form)
El No, vehicles will load/unload from nearby street or parking lot.
DAL? ftt+ rice. - — -
❑ City to install litter fence
❑ Applicant to install litter fence
i N/A
Breaking down set-up the day after the event?
❑ Yes, breakdown will be the day after the event. ► # of breakdown day(s)
❑ No, breakdown will occur on the event day.
How are you handling clean-up?
❑ Using City crews
❑ Using volunteer clean-up crew during and after event.
❑ Using professional cleaning company during and after event.
Miscellaneous
Please list anything important about. your event not already asked on this application:
Please refer to attached information pack for information on the event and routes.
Please make a copy of this application for your records.
We do not provide copies.
222 of 262
WIATIONAL Crr
•r-aroompolottro -
I. Special Event Information
Special Events
Pre -Event Storm Water Compliance
Checklist
Name of Special Evert: Padres Pedal the Cause
Event Address: Various roads in National City Expected # of Attendees: 400
Phone lumber: 760 642 2725
Event host/Coordinator: Pedal the Cause
11. Storm Water Best Management Practices (BMPs) Review
YES
NO
N/A
Will enough trash cans provided for the event?
Provide number of trash bins:
N
A
Will enough recycling bins provided for the event?
Provide number of recycle bins:
N
Will all portable toilets have secondary containment trays? (exceptions
for ADA compliant portable toilet
N
A
Do all storm drains have screens to temporarily protect trash and debris
from entering?
q N
Are spill cleanup kits readily available at designated spots?
N
A
A Post -Event Storm Water Compliance Checklist will be completed by City Staff.
223 of 262
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. The insurance company issuing the
insurance policy must have a A.M. Best's Guide Rating of A:VI! and that the
insurance company is a California admitted company; if not, then the insurance
policy to the issuance of the permit for the event. The Certificate Holder must reflect:
City of National City
Risk Management Department
1243 National City Boulevard
National City, CA 91950
Organization: Pgrjai sie
Person in Charge of Activity: • brie
Address:. 512, ; \,h\\ I 't Gecx. , C f1 C'LO 15
Telephone: 'l t r Z-MDate(s) of Use: t 2 , 2.(Y L
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 persona! 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 .
perrnittee or its agents, employees or contractors.
Signature of Applicant:
ilzOfficial Title:7 •.ii'' Dater"
Certificate of insurance Approved Date
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ALLINORIZAMON OF AGENT
1, the owner as the Permit Applicant or legal representative for the Permit Applicant identified below,
hereby authorize my agent, listed below and its authorized employees, to act on my behalf and apply for
such City of San Diego, County of San Diego or other such permits that are deemed necessary for the
Padres Pedal the Cause event to take place in November 2016_
Permit Applicant Information:
Name: Pedal The Cause
Street Address: 512 Via de la Valle, Suite 302
City, State, Zip Code: Solana Beach; CA 92075
Phone Number: 314-602-2439
Print Name: Anne Mararger
Signature:
Title: ief Operating Officer
Date: une 15, 2016
Ageni Information:
Firm Name: CCSD Sport Event
Authorized Employees: Josephine Allen, Robert Panzera, Katie Roehrich
Street Address: 1286 University Avenue, #268
City, State, Zip Code: San Diego, CA 92103
Phone Number: 917 355 1317
Print Name: Josephine Allen
hif
Signature of Agent:
Date: June 15, 2bf16
225 of 262
Z00'4 171101
MAY-0i-2e14 1 i : 48 IRS
DITEENIAL REvzSgg SERVICE
P. O. E10R 2SCB
C'INCZ i'i'I, OH 45201
tas 2014
PEDAL THE CAUSE SAO DINGO
Cf 4 G4MtICK xi HAMILTON
1100 VORSYTW 2LVD STE 1214
CLNYT024 NO 63105
RECEIVED
MAY 4I 20Ft
TAXPok r Crc +:CJA`E`E
INTERNAL REVENUE SERVICE
ST. LOUIS, MISSOURI
513 263 3695
P.
DSPARTMirarr OF THE TREASURY
eployer IdentifieetiOn 10 bex:
45-0552414
170530414E4023
Contact Person:
XS. LEE
Contact Telephone Number:
(877) 829-S500
Accounting -Period En.dingr
Daaber 21
Public Charity Status:
170 (b) (11 (Al (vi]
Form 990 Required:
Tea
Effective Date of 1 aaempt3.on:
acne 12, 2012
Contribution Deductibility:
Yea
Addend Applies:
No
ID# 31200
Dear Applicant:
we are pleased to inform you that upon review of your application for tax
exemrpt.status we have determined that you are exempt from Federal income tax
under section 50].( (3) oI the Internal Reve 1e Code. Contributions to you are
deductible under section 170 et the Code. You are also qualified to receive
tans deductible bequests, devises, transfers or gifts under section 2055, 2106
or 2522 of the Code. Because this Letter could help reeolve any gaiastioae
regardihg yOur eNempt status, you should Beep it in your permanent records.
Organizations exempt tinder section $01 (c) (3) of the Code are further eiasSitied
as either public charities or private foundations. we determined thayou are
a public charity under the Code section(s) listed is the heading of
letter.
Tease pee enclosed Publ.icetion 4222-PC, Compliance QUide for 501(0) (3) Public
Charities, for some helpful information about your reeponsahilitiee as an
+.ixet ipt mrganization,
Enclosure: Publication 4221-PC
sincerely 4
Director( Sxempt Organisations
Letter 54,
DO'd snit ZT9 VIE
226 of 262
TnTfN 6 !A'7
S1f1 - Sal tO:TT t,TOZ-TO-XW
Padres Pedal the Cause
2016 Cycling Event
City Permits
nformation Pack
227 of 262
ruiEne
11 III!:. 0115f
111 WORLD WITHOUT'CifKER
aPORRT EVENT
About Pedal The Cause
- .. in r� Tnr �r..l�..it.�wr'T' a..�r1.tY.TTIT.traS . %'V.. t>rr'i
..p;. .: yy,r •rr _. . NY>�pplv�sn...cps--Wr-+.WrlUw rr.:rfl-�rw.:•-'...r-r� TT`=-r::.e.� ar.� t
• Padres Pedal the Cause is a 501(c)3 Non Profit that raises money to support cancer
research at:
• Moores Cancer Center at UC San Diego Health
• The Salk Institute for Biological Studies
• Sanford Burnham Prebys Medical Discovery Institute
• Rady Children's Hospital -San Diego
• The Padres Pedal the Cause cycling event takes places annually and is in its 4th year in
San Diego
• Riders obey the rules of the road during the event. This is not a race event.
• 501(c03 Tax ID number: 46-0552414
• More information can be found at: http://sandiego.pedalthecause.org/
• Approximately $2.2 m will be raised for cancer research in San Diego
• CCSD Sport Event is the authorized agent for Padres Pedal the Cause for all items
relating to routes, permits and traffic control
228 of 262
Event Summary
• November 12 & 13, 201,6
• Approximately 400 cyclists on day 1 and 1,300 cyclists on day 2
• Start and finish location is Petco Park, both days. Padres are the major partner for the
event
• Wave starts (7 minutes apart) will begin to split up riders from the start of the event
• Approximate start time is 7.00am both days
• Event is a rules of the road event, not a race
• Except for start of ride traffic control within City of San Diego there are no road
closures or traffic control required in other Cities
• Riders will be instructed to obey rules of the road, ride in bike lanes / shoulders where
applicable, stop at stop signs and traffic lights and give way to traffic where road rules
require it
229 of 262
Route Summaries
230 of 262
PIIURES C
RVinutii-WiThour,Ditirn
SPORT EVENT
Day 1 . 100 miles . 87 miles
tw�arr•+r.w.....w.�.�+..+r��:^.. ,n. - r�s-•rw - �-, a s-ns YA.-s,:.-- .. •.rti .--r -... a-'."a-,:r tr-rrr s' ....4.•ao-+41.vrr,e11.PA N,,irea •'ra'.,..,..v: ««,..sx-o.
100 mile route:
l �.
yCA
•
ti` `
t Tf
row
87 mile route:
ri: 11011,
. la x,,,ti•.. .
•zf
•
.14
srir
a.-•
https:/%ridewithgps.com/routes/15556417
https://ridewithgps.com/routes/15555417
231 of 262
Da . 79 miles . 61 miles . 37 miles . 23 miles . 10 miles
.,.-w-•. ,,_ zr. r.. _.�xvsmc+-r.� - ..-n r:cy ._•- --.ze-r'•7 ,56.•." :.:..•v,r.
79 mile route
https:(/ridewitheps.co m/routes/15592241
CatiVad
L44I
San BSA
Escortd d
ttd5 • Blur
Smog Fe.
S...liara ae3a
rgi
c1:7x
tK
ego
Imo. •
•
Mengt
5.71
37 mile route
httpss//ridewithgps.c • m ro tes/14899611
a ,c• —..
•id! '
61 mile route
https://ridewithgps. corn/route/15591913
232 of 262
Day 2 .79 miles 61mies . 37 mils . 23 miles . 10 miles
wvm.+' ..x=++rr^r.a i
23 mile route
https://ridewithgos.corn/routes/ 15592292
tit" tie
North t arkti NovalAir •
Station (H& 3ey Ned)
r
ualvolvtl} Stac
w1+K1.111.4Tvnm-r..s.: +r .aa.+nT
10 mile route
https:f1ridiewitheps.cornJroutes/151Q3219
233 of 262
•
Route Through
City of National City
234 of 262
POURS
PEDRt
wmmLu WIf PEER
SPORT EVENT
Route Through City of National City
c_.-.YGf.`y/�6p'VrY�._.t•_._...'z'.A-10,
14: t oa I City.
r
# `nr1*:• J;'. A t _� :•
Roads used within City of National City
LEFT onto E Harbor Dr
RIGHT onto Civic Center Dr
CONTINUE onto Tidelands Ave
LEFT onto W 32nd St
STRAIGHT (before LEFT bend) to enter Bayshore Bikeway
Follow Bayshore Bikeway - keep river to your RIGHT.
RIGHT onto Plaza Bonita_Rd (use road - NOT bike lase)
Mile
2.9
4.9
5.0
6.2
6.4
9.1
Rider Times
• Riders are expected to be in the City of
National City between 7.15am and Sam on
Saturday November 12, 2016
Harbor Drive
There will be San Diego police traffic control
along Harbor Drive to safely escort riders
out of San Diego City.
• Traffic control escort will end at the turn
onto Civic Center Drive / Tidelands Ave
• From this point riders will be following the
rules of the road and obey all stop signs,
traffic Tights etc.
Bayshore Blkewav
• We would like to explore temporarily
closing the Bayshore Bikeway but in the
event this is not possible volunteers will be
positioned at the start and finish and at key
locations along the Bayshore Bikeway to
warn other users of the event taking place
• Riders will be instructed to keep to the right
at all times on the bike path and ride single
file
235 of 262
Bayshore Bikeway Exit & Bonita Rd.
Time Frame: 7:03 AM — 7:31 AM
Staff:
(3) Volunteer
(1) CHP / certified traffic flagger
SIgnage:
(1) Straight Ahead
(1) Right Turn
(1) Caution Cycling Event Ahead
Rider route
Coned Lane (#1 lane only)
Notes:
• CHP / certified Bagger keeping
local traffic out of coned lane.
• Volunteers keep riders on route
and make sure they turn into
coned lane, not bike path
• Full traffic control plans are being
drawn up by Statewide Traffic &
Safety, who will manage traffic
control and coned lanes on the
day
fJfIWIES
i
STAFFING — ROUTE TEAM
236 of 262
4
Padres Pedal The Cause 2016
Medical Personnel Plan
Medical Personnel Provided By
1. AMR, 8808 Balboa Avenue, San Diego, California 92123 . (858) 492 3500
2. Padres Pedal the Cause Medical Staff
Locations of Medical Teams
November 12, 2016
• Petco Park Stationary team. Gam to 10pm
o EMTx1
o MDx1
o RN x 1
• Rest Stop 1. Stationary team 8am - 9.15am. Moves to rest stop 4 after all
riders through.
o EMT x 1
c� RNx1
• Rest Stop 2. Stationary team 9am -1 lam. Becomes roving team after all
riders through.
o EMTx1
o RNx1
• Rest Stop 3. Stationary team gam - 11.30am. Becomes roving team after all
riders through.
o EMTx1
o RNx1
• Rest Stop 4. Stationary team. 10am - 1,30pm. Becomes roving team after all
riders t.hroLLgh.
o EMTx1
o RN x 1
Roving medical team 1- front half of route. 7am - 5pm
a EMTx2
Roving medical team 2 - mid / rear half of route. 7am - 5pm
o EMTx2.
November 13, 2016
• Petco Park. Stationary team. 6am to 10pm
o EMTx1
o MDx1
o RNx1
• Rest Stop 1. Stationary team 7.30am - 9am. Moves to rest stop 4 after all
riders through.
237 of 262
Padres Pedal The Cause 2016
Medical Personnel Plan
o EMTx1
o RN x 1
• Rest Stop 2. Stationary team 8am - 9.30am. Becomes roving team after all
riders through.
o EMTx1
o RNx1
• Rest Stop 3. Stationary team 8.30am - 10.30am. Becomes roving team after
all riders through.
o EMTx1
o RNx1
• Rest Stop 4. Stationary team 9.15am - 11,45am. Becomes roving team after
all riders through.
o EMTx1
o RNx1
• Rest Stop 5. Stationary team 10am --1pm.
o EMTx1
o RNx1
Rest Stop 6 (Family Ride). Stationary team 7.30am - 8am, Moves to Rest
Stop 5 after all riders through,
o EMTx1
o RN x 1
Roving medical team 1 - 62 mile route
o EMTx2
• Roving medical team 2 - 27 / 38 mile route
o EMTx2
Medical Incident Procedure
All riders will have a central telephone number to call with any incidents. This is a
direct line to the event control center at Petco Park.
Minor incidents on the route: will be called in to control center at Petco Park.
Communications Manager will dispatch a medical team to deal with the incident
Medical team will assess if further medical treatment is necessary.
Minor incidents at reported at rest stops; will be dealt with by the stationary
team there. Riders who continue to ride after a minor incident / illness will be
monitored at future rest stops by the medical team.
Serious incidents on the route: involving concussion or serious injuries, will be
assessed at the scene by riders, who will call 911 if necessary. All riders will be
issued with the attached event emergency procedures.
238 of 262
s
ilaircrai
Medical teams will be stationed at each rest stop during Padres Pedal the Cause to deal
with minor injury and illnesses only. In the event that a more serious medical incident
arises please follow the procedures below.
Emergency Procedure
Pease carry this with you
Event Emergency Number: [
1. Stay with the injured cyclist. Designate a person to remain with the injured cyclist at all times.
If there is any concern of a neck or head trauma the injured cyclists should be stabilized and not
moved until medical assistance arrives.
2. Warn and direct traffic. Designate someone to redirect traffic, if necessary, to avoid the incident
scene.
3. Call 9-1-1 If the injury is beyond basic first aid designate someone to dial 9-1-1
• Identify yourself and your exact location
• State the nature of the injury,' (head/neck, fracture, loss of consciousness, heat illness, etc.) and
the number of injured persons
Instruct the emergency vehicle exactly where and how to reach the activity area (refer to route
guideldirections to help with location):
1) major intersecting streets
2) street addresses
3) landmarks
• Stay on the telephone line until the dispatcher disconnects
• Return to the injury scene to provide further assistance, if needed
4. Call the event emergency number above. After 9-1-1 (or if not calling 9-1-1) call event control
on the emergency number above. They will will establish and dispatch the closest vehicle and the
event medical team to liaise with emergency vehicles.
6. When the emergency services arrive. Ask for the following information:
• Which hospital will they ba taking the injured person to?
6. DO NOT call injured person's family members. This will be done by the Event Director once
they have established the seriousness of the situation.
if you are lnvo!ved in an incident in an area where you do not have cell coverage, you will need to
take the following actions:
• Have others check their cell phones, different providers may have coverage in the area,
• Designate a cyclist to reach the nearest land line to make an emergency call.
• Flag down a passing vehicle and ask them to reach a land line.
• Remember the last location you saw a support van or how far you are from a rest stop, that may be
your closest contact. Smartphones may be able to give you a GPS location even in a low cell cover
area. If you have a garmin cycling computer with mapping check that for your location.
Remember to carry on your person
• A copy of your health insurance card or the information written on a card
• Information on your allergies and rnedications
239 of 262
Route Signage
Signs will be placed as shown below at each turn marked on cue sheets.
In some areas (e.g. where cyclists are on the same road for more than 3
miles or at complex intersections) there may be additional signs placed
to indicate cyclists should continue straight on the route.
Subject to permission, signs will be placed on street furniture such as
poles or sign posts. Care is always taken not to obstruct or obscure any
existing signs.
Signs will be placed on Friday November 11, 2016 and Saturday
November 12, 2016 for the following days routes.
Signs will be removed after the last rider each day.
poThe
Signs:
* Size: 24 x .36"
PEDAL
240 of 262
itSR
LTR
A
ACCARCY CERTIFICATE, OF LIABILITY INSURANCE •
oATE0 4116 '
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING JINSURER(S),
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
HOLDER. THIS
BY THE POLICIES
AUTHORIZED
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iee) must be endorsed. If SUBROGATION 15 WAIVED, subject to the
terms and condltlone of the policy, certain policies May require an endorsement. A abatement on thle certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
SportUnderwrlters.com Inc.
A DIvtslon of Sport and Special Event Insurance Agency USA
P.O. Box 1131
Lake Placid NY 12946
INSURED iAanagemettt
CONTACT
NAM:
PHONE-889.4763
c" �: FAX iWi: 866-467-8770 -
ADDR6fi: into@ sportundwreters.com
P IODUCER
cusroTr
SIEMENS) AFFORDING COVERAGE
SSEI Program Inc.
Pedal The Cause San Diego
512 Via de la Valle Suite 302
Solana Beach, CA, 92075
•
COVFRACZF! r cnTI .RTC ►n�ar.�e_
INSURER A : New Hampshire insurance Company
MUG $
23$41
INSURER e :
InsLxl CI:
INSURERD:
INSURER E :
INSURER F :
REVISION NUMBER:
THiS IS TO CERTIFY THAi THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTFICATE 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 PAD CLAIMS.
TYPE OF INSURANCE
GENERAL imeiury
X I COMMERICAL GENERAL LIABILITY
--i FCLAIMS-MADE j( OCCUR
iINCLUDES ATHLETIC PARTICIAPANTS
GEbkL AGGREGATE LIMIT APPLIES PER:
71 POLICY �I PEFtCJ I I LOC
AUTOMOBILE LIABLE,/
ANY AUTO
AL. OWNED AUTOS
SCHEDULED AUTOS
}( HIRED AUTOS
X NON OWNED AUTOS
A
UMBRELLA LAB
EXCESS ILAB
DEDUCTELE
RRETENTIO,*N $
IX Drn IR
CLAIMS -MADE
ADCL SUM
NER WVD
POLICY NUMBER
19957204-02
19967204-02
gescOMYTYI
06/2612016
05/2612016
POLEYBCP
AMIACEVYTYTI
11 /13)2016
11 /13/2016
EACH OCCURRENCE
L.MlrS
$1,000,000
FIRE DAMAGE Any one lire)
s 300,000
MED EXP (anyone person)
PERSONAL & ADV MIRY
SEXCLUDED
$ 1,000,000
GENERAL AGGREGATE
$ 3,000,000
PRODUCTS - COMP/OP AGG
$1,000,000
COMBWEDSINGLJE LIMrr
{Ea accident)
$
$1, 000:000
BODILY "%JURY (Per person) .
BODILY INJURY /Peraccideni)
$
PROPERTY DAMAGE
(Per amide*
5
$
YsICSREFiSCOSIPSISATEN
Y
19957204-02
05/26/2016
11/13/2016 EACH OCCURRENCE:
AGGREGATE
s0
s 1,000,000
$
$
ANDENFLOYERSILAB EY
ANY RIVE
faindsbryhNif
If yes, describe under
SPECIAL PROVISIONS below
OTHER
YIN
N/A
I 'NCSTATU- ; OTH-
I TORyubirrs I ER
E.L EACH ACCIDENT
•
E.L D -EA EMPLOYEE
8
E.L DISEASE - POLICY Limn'
DESCRIPTION Of OPERATIONS/ LOCATIONS /VEHICLES IA Hebb ACORD Nit AckNionai Remarlss Schedule, If lure space la required}
Liability Policy Deductible: $DAD per each bodily ryury or property damage claim. ISO Occurrence form CG 00 04 01 13 and company's specific forms,
Re: Cycling
Coverage for Participant Legal Llabifrty requires that every participant signs a waiver/release. The certificate holder is named as Additional Insured
with respect to negligent acts or omissions of the Named Insured and only with respect to the rations of the Insured during the coverage period.
{continued on nextpage)
CERTIFICATE HOLDER CANCELLATION
City of National City- Risk Management
Dept
1243 National Clty Blvd
National City, CA, 91950
SHOLA. a ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP3RATION
DATETHEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLCT PROVISIONS.
AUTHORIZED REPRESENTATIVE
Mark Di Pemo
@1988- 2009 ACORD CORPORATION. Ail rights reserved
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
241 of 262
AGENCY CUSTOMER ID: A-YS-SLI-16-05-06-24667-26
LOC #•
ADDITIONAL REMARKS ECIi EDULE
Page 1
of 1
AGENCY
Spartiinderwriters.cam Inc.
NAMED INSURED � I Program Managornent Inc.
Pedal The Cause San Diego
512 Via de /a Valle Suite 302
Solana Beach, CA, 92075
POLICY NUMBER
19957204-02
CARRIER
New Hampshire Insurance Company
NAIL CODE
23841
EFFECTIVE DATE: 05/26/2016
ADDITIONAL REMARKS
THSS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance
Policy Bound and Effective at: 05/26/2016 10:46:00 PM EST
The cerfificale holder was added EFFECTIVE as of 08/24/16
ACORD 101 (2DI8l01 ) 2008 ACORD C ORPOR ATION. AI rights rtserved
The ACORD name and logo are registered marks of ACORD
242 of 262
CITY OF NATIONAL CITY
NEIGHBORHOOD SERVICES DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDATIONS AND CONDITIONS
SPONSORING ORGANIZATION: Pedal the Cause
EVENT: Padres Pedal the Cause
DATE OF EVENT: November 12, 2016
TIME OF EVENT: 7:15am to 8:00am
APPROVALS
DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ]
RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ]
PUBLIC WORKS YES [ ] NO [ x ] SEE CONDITIONS [ ]
FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ]
CONDITIONS OF APPROVAL:
DEVELOPMENT SERVICES
ENGINEERING
The lane shift will not be a problem, as long as the proper signage is provided.
Engineering will review the traffic control plans once submitted. Attached is the standard
cover sheet for all traffic control plan applications.
Fee for plan review is $476.
FINANCE
Pedal the Cause will need to apply for a business license. i hey are non-profit and
therefore will not need to pay.
CITY ATTORNEY
Requires an indemnification and hold harmless agreement, and a policy of general
liability insurance, with the City and its officials, employees, agents and volunteers as
additional insureds, with amounts of coverage to be determined by the Risk Manager
POLICE
The police department does not have any stipulations for this event. We will provide
extra patrol in the area.
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RISK MANAGER (619) 336-4370
• A valid copy of the Certificate of Insurance
• The insurance policy has a combined single limit of no less than $1,000,000.00
(ONE MILLION DOLLARS) for each occurrence and $3,000,000.00 (THREE
MILLION DOLLARS) in aggregate that would cover the date and location of the
event.
• The insurance company issuing the insurance policy has an A.M. Best's Guide
Rating of A: VII and that the insurance company is a California admitted
company.
• The applicant has properly executed the hold harmless and indemnification
agreement.'
• The Certificate Holder reflects:
City of National City
Risk Management Department
1243 National City Boulevard
National City, CA_ 91950
• Name, address and contact information for the broker that provided this
insurance policy.
In order to fully meet the City Insurance requirements it will be necessary for the
applicant to provide a separate additional insured endorsement wherein it notes as the
additional insured as "The City of National City, its officials, agents and employees"
FIRE (619) 336-4550
No fees for this event
Stipulations required by the Fire Department for this event are as follows:
1) Maintain Fire Department access at all times. Emergency services access shall
be given to all emergency apparatus upon approach
2) Access for Fire Department shall be maintained at all times. At no time shall fire
lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any
time. A minimum of 20 feet wide shall be maintained for the use of fire lanes
3) First Aid will be provided by organization
4) Fees can only be waived by City Council
244 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 245
The following page(s) contain the backup material for Agenda Item: Temporary Use
Permit —Sweetest Ride Custom Car & Bike Show hosted by Sweetwater Harley Davidson
on October 22, 2016 from 10 a.m. to 3 p.m. at 3201 Hoover Avenue with no waiver of
fees. (Neighborhood Services)
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE:
[Temporary Use Permit -Sweetest Ride Custom Car & Bike Show hosted by Sweetwater Harley Davidson on
October 22, 2016 from 10 a.m. to 3 p.m. at 3201 Hoover Avenue with no waiver of fees. i
PREPARED BY: [Dionisia Trejo
PHONE: [(619) 336-4251
EXPLANATION:
DEPARTMENT: N
APPROVED BY
od Services Department
This is a request from Sweetwater Harley Davidson to conduct the Sweetest Ride Custom Car & Bike Show on
October 22, 2016 from 10 a.m. to 3 p.m. at 3201 Hoover Avenue. This event will consist vehicle and motorcycle
displays, food vendors, live entertainment and other vendor booths. There will be a registration fee to participate
in this event as a vendor or vehicle display, however all proceeds will benefit the "Loving You Through It" a non-
profit breast cancer awareness organization.
Security will be provide by J. Casper & Associates and the applicant will also provide their own stage and audio
equipment for this event.
The applicant is also requesting to close a small section of Hoover Avenue at W. 33'd Street to the public street
area just located in front of the business of 3201 Hoover Avenue from 9:00 a.m. to 4 p.m.
NOTE: On September 27, 2011 City Council approved a similar event also sponsored by Sweetwater Harley
Davidson.
FINANCIAL STATEMENT:
ACCOUNT NO.
[City fee of $237.00 for processing the T UP through the various City departments, plus $339.40 for Public Works,
and $476.00 for Engineering.
Total fees: $1,052.40
ENVIRONMENTAL REVIEW:
NIA
APPROVED: Finance
APPROVED: MIS
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
[P►pprove the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no
waiver of fees.
BOARD I COMMISSION RECOMMENDATION:
[NA 1
ATTACHMENTS:
[Application for a Temporary Use Permit with recommended approvals and conditions of approval.
24F of 2 2
"ya
1
'` , Sip 14 2016 09:45am P002/007
IS your organization a 'lax l xe-M K, nonprofit" organization?
Are admission; entry, vendor or partic ipant:fees required?
_yt6 A, NO
YES.:. NO .:
If.YES, please•explairi the purpose and'prciviiie ount(s): t71.0D
$•Estimated Gross Receipts including pow; product and sponsorship sales from
this event.
Estimated Expenses for,this event...::
$ A n G lut is the projected. amaunt.of navenae that the'NOnprofit Or+ganizattofi will
receive as a result of this•event?
r. ,
Please provide a DETAtLED DESQ TI 14 of..Our event. Include•details regarding am
components of your event such as the Lite di Vehit ; arimhrials; rides or any other pertinent
Information•ataout the event, . • , . .
YES _ NQ If the event tnvotves•the- .sale of -cars, will the°cars:come exclusively #ram -
National Cit_y_car. -dealers? if., No, list any.additIonal dealers involved in the.
sale: .
2
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Sep 14 2016 09:46am P003/007
YES KNO 'Does the event involve theixt kaie, of eicohoild beverags? .
X. _YES itenikar sexvides. he :sotd itthe. eVeria..IfYes,. Osage describe:, Ala Will
. . . .
hib)4 lialjte0 k4tit! *r:L6.1... • it/.
YES IND Does the event -involve route of any kind along streets, sidewalks or
highways?- .1f YES, attach detailed Map of your proposed route indicate the
dinktion oftravei;•and provide a written nerratiVelo:expWn your route.
X YES .NO. Does the event iriValvea fixed venue site?. If YES, attach a _detailed site map
showing all Street iinpactedby the:Oen!. • ‘1 • •
X. YES NO Does the event involve the use of tents orcanopies? If YES;
Number:of tent/canopies • /0 . --Sizes ID itii)
NoTe.:- A separate Fire Department permit is required for tentsor canopies. •
- .
1. YES NO Wil the event involve the use of the.Crity stage, or PA system?
In addition to the roUte.map riquirad, above; Meese attach.a diagram stowing the oVeraltlayout
and Set-up Iddationsfor the f011awing -•• • .
> Alcoholic and Norialcaholic Concession and/or -Beer Garden areas,
> Food Cdntession artdior.Food Preparation areas qi
Please describe how f ad Will be seried et the -event: kit JO ( (2
If you intend to cook food in the event area pleaSe-specify the method:
GAS - _ELECTRIC -" CRAFt064'. , OTHER (Specify)
• • • • - • • • •
)- Portable and/or PermanentToJ Facilities_ - • • •
Number of portable toilets: --(1 for every 2gi people is reqUited, unless the
applicant cen shim that th arafacilitiet in'the iMmediatia•area available tothe public.
during theevent).
• Tables and Phairs
> • Fencing, barriers and/or barricades - - • - - • .
> Generator locations and/or sourda of electricitY
> Canopies or tent lacitiona (indlude tent/canopy dimensions)
> Booths,- exhibits, dliplays or enclosures : - -
›• Scaffolding, bleachers, platforma, stages; grandstands or related Structures
> Vehicles and/or trailers 1-•1 1 - • - - • - : ' .
> Other related event cornPOnehts• nottovereclaboVe
> Trash•containes and dumpsters - - :
(Note; YOtiust properly diSpose ofWeste and garbage throughout the term of your
event and immediately upoil oondlue.ion of the everit-ft area niust be returned -to a clean
;condition) - . ,
Number af trash cans; Trash containers with lids:
•
Describe yOurplan for clean-up and •rerh_oval.of.iivaste and.garbage during and after the -event:
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•
r Sep 14 2016 09.4781 P004/001
Please describe your pra t esfor•both.Crowd;Controaand,internaiSeoUrity: :.
sou'
Main
YES NO Have you #,ired,any professional Seourity Organization to handle.secunty
arrangements for this event? IfYES,,please.lisi: •
Security.. C ganiialx'nin: :3:. •eb4.
44 • it.4 i
_YES
Securty Organization Address: •
•
Security:Director (NettlePhone;
O Is thine night event? If.YES, please state how the event,ar* surrounding.area
• will be illuminated to ensure safety of the •par'tic nts and spec taco s:•
Please indicate what eirangorient •you• hay, . made forpfovidng_First'AId-Staffing and Etqu ment.
4 e . AM . r fat
Please describe yourAcxesSibility Plan for access yotU event by individuals.w i di fides:WI- Air 10.12 Orr . 2 7.00% itptP7St 12i12L
•
Please. provide. a detailed, description of your, PARKING.plan:
Please describe your plan for DISABLED• PARKING:
4
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Sep 14 2016 09:48am PO05/001
Please desscribe •your Plans to notify alf resida its,.businessos and:chutohes impacted try the •
event ) /1 hu.dmik94
NOTE: Neighborhood residents must; be notified 72hours-ln advance when events are
•.
scheduled in'e City perks: ` . . . •
,.YES ,• NO Are there any musical entertainment features related to your event? If YES,
• please state the: umber. of atErges,'tieniber:o?.bands arrtdtype of music.
• Number of Stages: . ! Number cf Bands:.
•
Tye of Music: •
AXES _NO ' Wil! sound. ampWicication be used? If YES,please aee indicts: •
Start time: /D+) pm finish *Time. J, 6 0 • arn', :%
YES — NO iMIPsound check• s_be,00nduited priotto the.eve nt? 'if YES,•pbeese indicate:
Start { pm Finish Time . .arnipm
Please describe the sound equipment that u 9t be used for your event:
_YES ,kNO Fireworks,. rockets, or o her.pyritechnics?: If YES,. please describe:. .
YES 4NO -Arty, signs;• banners, decorations, spacial fighting?. •{fYES, Please •descr e:•
Revised 08110106
5
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Sep 14 2016 09:49am P006/007
C� :of , a !Anal City. .
PL].BLIe PRoPERtY.USE, H4LD I RMILES:S-AND.
IND MII,FICA flON A 1 EMENT.:`:•
Persons requesting use of City faalities or personnel are required to
provide a mirnr iurn of $'1;00O,011O .combined single iinia=jnsurance for -bodily.
injury: and property damage: whichciticludet the:. City its officials, agents • and .
employees named as additional:4nsured and to -sign #he -I -told Harrnless
Agreement. Certificate of insurance inust.be.attache'd to this permit. .
Organization--
Person:In.Charge.ofActivlty
Address.r1
Telephone i !q 4 7 7 Dates) of Use: 0iolc,+ stio
HOLD. HARMLESS .ACRE tiENT
As a condition of the issuance of atemporary.. use permit to conduct its activities•
on public or.private property, the .;undersigned -hereby agree(s)-to.-defend,
indemnify and hoid`harmless'.the:City of National :City. andthe:Parking Authority
and its officers;:'employees `and,agertts'from and agnst any and all claims,
demands; :costs, losses, liability or, for any personal: injury, death or property
damage, or.botti, or any -litigation. and other iiabil`rxy', including attorneys fees and
the costs of litigation, arising... out of or.:related to the. use .of public property -or the
activity taker un' -r.the,permk.by fhe,.perrr tlee.or.its agents,. employees or .
co
Official Titie
'or Office Use,r ruj'
Certificate ofInsurance Approved .Date.
252 of 262
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253 of 262
•
OCTOBER 22ND 2016 IOAM TO 3PAI
OF rai in' TA TED, / orVER DYP1. C.6.750
rcost uniitior kirllikiat, afiew tPtirrtJ
•• •,,
Join SweetwaterllFand Ricols on 3r4 Ihe Salon
iar iireast Cancer benejit with proceeds donatta
to i'Loting YOU Through it' a noniprolit organization
that protides oncolog beauty selivites to carer
patients onflergoing ichonotheraps,
1:,1? r,9 L It
//1'.11010/if )J930 (1)- /0.; fru. treefiraidi'llavidv;:;`;i.!,
254 of 262
CITY OF NATIONAL CITY
NEIGHBORHOOD SERVICES DEPARTMENT
APPLICATION FOR A TEII3PORARY USE PERMIT
RECOM1iENDATIONS AND CONDITIONS
SPONSORING ORGANIZATION: Sweetwater Harley Davidson
EVENT: Sweetest Ride Custom Car & Bike Show
DATE OF EVENT: October 22, 2016
TIME OF EVENT: 10:00 a.m. to 3:00 p.m.
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 [ ] NO [ x ]
YES [x] NO [ ]
YES [ x ] NO [ ]
SEE CONDmONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ ]
SEE CONDITIONS [ x ]
SEE CONDDTONS [ x ]
CONDITIONS OF APPROVAL:.
RISK MANAGER (619) 336-4370
• Provide a valid copy of the Certificate of Liability Insurance wherein the
City of National City, its officials, agents, employees and volunteers are
named as an additional insured by way of a separate endorsement.
• The insurance policy must have a combined single limit of no less than
$1,000,000.00 (ONE MILLION DOLLARS) for each occurrence and
$2,000,000.00 (TWO MILLION DOLLARS) in aggregate that would cover
the date and location of the event.
• The insurance company issuing the insurance policy has an A.M. Bests
Guide Rating of A: Vfl and that the insurance company is a California
admitted company.
• The Certificate Holder reflects:
City of National City
do Risk Manager
1243 National City Boulevard
National City, CA. 91950-4397
• Name, address and contact information for the broker providing this
insurance policy was provkied.
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DEVELOPMENT SERVICES (619) 336-4318
PLANNING
Speakers andlor lights shall face west and not towards residential properties.
ENGINEERING
A traffic control plan will be required for any closure, street restrictions or detours
to be conducted.
For events where the public street is used as a venue, there may be trash and
debris discarded in the street, it Is the responsibility of the event holder to place
BMPs at the nearest downstream storm drain inlets to prevent this material from
entering the inlets.
The traffic control plan shall be submitted with fees in the amount of $476,00
PUBLIC WORKS
STREET DIVISION
1. (8 ea.) "NO PARKING" signs @ $0.45 ea, = $3.60
2. (8 ea.) Barricades a $0.35 ea. = $2.80
3. (1) Truck for 6 hours @ $12.07 hr. = $72.42
4. (1) Public Works staff a $32.57 for 2 hours = $65.14
5. (1) Public Works staff @ $48.86 for 4 hours OT = $195.44
Total = $339.40
FINANCE
All vendors will need a National City Business License. Food Truck will need a
Health Permit and must also apply for business license,
CITY ATTORNEY
Requires an indemnification and hold harmless agreement, and a policy of
general liability insurance, with the City and its officials, employees, agents and
volunteers as additional insureds, with amounts of coverage to be determined by
the Risk Manager.
POLICE
A security company is listed as being used. The police will provide "extra patrol."
256 of 262
FIRE (619) 336-4550
No Inspection Required
Stipulations required by the Fire Department for this event are as follow;:
1) Access to the street to be maintained at all times, to both entrances and
Fire Department connections for fire sprinkler systems, standpipes, etc.
2) Access to Sweetwater Harley Davidson to be maintained at all times, to
both entrances and Fire Department connections for fire sprinkler
systems, standpipes, etc.
3) Fire Department access into and through the event areas are to be
maintained at all times. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of not Tess than 14 feet
4) Fire Hydrants shall not be blocked or obstructed
5) Participants on foot are to move immediately to the sidewalk upon
approach of emergency vehicle(s)
6) Vehicles in roadway are to move immediately to the right upon approach
of emergency vehicle(s).
7) Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted
in a visible location between 342 to 5' from the floor to the top of the
extinguisher. Maximum travel distance from an extinguisher shall not be
more than 75 feet travel distance.
8) If cooking booths are used, booths to have one 2A:IIOBC on site. If
grease or oil is used for cooking, a 40:BC or class "K" fire extinguisher will
be required. All fire extinguishers to have a current State Fire
Marshal Tag attached., Please see attached example.
9)
If tents or canopies are used, tents having an area in excess of 200
square feet and or canopies in excess of 400 square feet or multiple tents
and or canopies placed together equaling or greater than the above stated
areas, are to be used, they shall be flame-retardant treated with an
approved State Fire Marshal seal attached. A ten feet separation distance
must be maintained between tents and canopies. A permit from the Fire
Department must be obtained. Cooking shall not be permitted under
tents or canopies unless the tents or canopies meet "State Fire
Marshal approval for cooking. Please see Fire Department for
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11
direction. Certificate of State Fire Marshal flame resistancy shall be
provided to the National City Fire Department if applicable. A permit for
the projected canopies/tents' shall be four hundred ($400.00) dollars. Fees
can only be waived by City Council.
Canopies:
Tents:
0-400 sf- $0
401 — 500 sf - $250.00
501 — 600 sf $300.00
601 — 700 sf - $400.00
0 —200 sf -
201 — (+) sf -
$200.00
$400.00.
10) Fire Department access into and through the booth areas are to be
maintained at a]I times,
11) If any changes are made to this event a fire safety inspection may be
required to be conducted by the Fire Department prior to operations of the
entire event. Fee for after hour/weekend inspection shall be $200.00
dollars for the first two hours. A fee of $100.00 dollars shall be charged
for every hour (or part) after the first two hours.
12) Site map indicating access points, booth layout and parking areas is
included.
if you have any questions please feel free to contact me.
258 of 262
CC/CDC-HA Agenda
10/18/2016 — Page 259
The following page(s) contain the backup material for Agenda Item: Staff seeks City
Council direction on the relocation of Christmas on Brick Row to Kimball Park and a
City sponsored synthetic ice skating rink for an additional cost of $5,000. (Community
Services)
259 of 262
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 18, 2016
AGENDA ITEM NO.
ITEM TITLE:
Staff seeks City Council direction on the relocation of Christmas on Brick Row to Kimball Park and a
City sponsored synthetic ice skating rink for an additional cost of $5,000. (Community Services)
PREPARED BY: Audrey Denham
PHONE: 619-336-4243,
EXPLANATION:
See attached staff report.
DEPARTMENT: Community ervices
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A�
APPROVED:
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, is not subject to environmental review.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Staff seeks City Council direction on the following options:
1. Relocate Christmas on Brick Row to Kimball Park.
2. Sponsor a synthetic ice skating rink for an additional cost of $5,000
Based on City Council direction staff will return with a request for a Temporary Use Permit and funding
as appropriate and consistent with stated direction.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Staff Report
260 of 262
Staff Report
City Council Meeting October 18, 2016
History & Background
In 2007, the City hosted the first annual Christmas Tree Lighting Ceremony in front of
the Martin Luther King Jr. Community Center. It was a small affair with a Christmas tree,
refreshments and holiday carolers. The following year, the event was relocated to Brick
Row and included the Christmas Tree Lighting Ceremony, performances, vendors, and
a children's snow play area. Over the years the event has had many adaptations, but
one thing remained the same, it brought the community together during the holidays.
After relocating the event in 2008, attendance averaged 200 to 500 attendees each
year. Last year was the most successful event with approximately 2,000 attendees. The
increase in attendance can be attributed to the enhanced children's activities and
vendors, the addition of the ice skating rink and performances by local community
groups, and increased marketing efforts. It was evident the event was outgrowing the
Brick Row location.
Relocation of Event
For the 2016 Christmas event, staff proposes relocating the event to Kimball Park. The
main community event will be a one evening event and would include the City stage for
community performances, a tree lighting ceremony, Santa photos, children's activities,
ice skating, local community vendors, food vendors, a food court area with tables and
chairs, and a marketplace with holiday wares for sale. The relocation allows staff to
accommodate the increased number of attendees, while allowing room for continued
growth. Attendees will experience improved parking options, enhanced seating for
community performances, reduced lines at vendor booths, and overall decreased
congestion throughout the event. The new location also provides an opportunity to
showcase recent park improvements.
Skating Rink
Last year the City and the National City Chamber of Commerce partnered to expand the
event by including a synthetic ice skating rink. The National City Chamber of Commerce
obtained sponsors to support the synthetic ice skating rink for two days. Due to the
popularity of ice skating, this year staff seeks to increase the size of the synthetic ice
skating rink and offer the activity for four days. This will reduce wait times, increase the
Page 1 of 2
261 of 262
amount of time participants have to ice skate, and give residents more opportunities to
participate in this unique activity. Staff asks City Council to consider sponsoring a
synthetic ice skating rink this year. The cost of the proposed skating rink is $20,000;
staff seeks City Council sponsorship at $5,000. The National City Chamber of
Commerce has committed to securing the additional funding through additional
sponsorships. The ice skating rink will enhance the event and be a huge draw for
National City residents.
Requested Direction
Staff seeks City Council direction on the following options:
1. Relocate Christmas on Brick Row to Kimball Park.
2. Sponsor a synthetic ice skating rink for an additional cost of $5,0001.
Based on City Council direction staff will return with a request for a Temporary Use
Permit and funding as appropriate and consistent with stated direction.
1 Funding for all other costs associated with this annual event is included in the City
Council approved 2017 General Fund budget.
Page 2of2
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