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1998 10-06 CC AGENDA PKT
AGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - OCTOBER 6, 1998 - 3:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G. MCCABE. INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 22, 1998. COUNCIL AGENDA 10/6/98 Page 2 PRESENTATIONS Representatives of San Diego's Metro Wastewater (Dave Schlesinger's office) will make a presentation on the South Bay Sewer Pumping Station. PROCLAMATION Proclaiming the week of October 4th through 10th, 1998 as: "FIRE PREVENTION WEEK" CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Resolution No. 98-129 Resolution of the City Council of the City of National City authorizing the City Manager to execute a Subdivision Improvement Agreement with Robert D. Starr for a proposed lot split at the southeast corner of 4th Street and "L" Avenue. (Case File No. LS-97-1.) (Engineering) 2. Resolution No. 98-130 Resolution of the City Council of the City of National City authorizing the Mayor to execute Program Supplement Agreement No. M-001 with the State of California for the Traffic Signals Interconnect on Plaza Boulevard. (Engineering) COUNCIL AGENDA 10/6/98 Page 3 CONSENT CALENDAR (Cont.) 3. Resolution No. 98-131 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Hank Mohle & Associates for the preparation of plans, specifications, cost estimates and an informational video tape production for the installation of protected/permissive traffic signal operation at the intersection of National City Boulevard and 30th Street. (Engineering) 4. Resolution No. 98-132 Resolution of the City Council of the City of National City accepting a conveyance of real property, directing the recordation of a Grant Deed, and dedicating and renaming a parcel of real property for street purposes, and accepting a conveyance of real property and directing the recordation of a Grant Deed for a temporary construction easement. (Engineering) 5. Resolution No. 98-133 Resolution of the City Council of the City of National City accepting a Grant of Easement for a 20-foot wide and a 10-foot wide sewer easement on a portion of the vacated Taft Street and Wilson Avenue from the United States of America. (Engineering) 6. Resolution No. 98-134 Resolution of the City Council of the City of National City authorizing the Mayor to execute Modification No. Two, (Government License N6871192RP02P28) with the Department of the Navy, authorizing the City the non-exclusive use of approximately 0.1 acres of land on the north side of 8th Street between Harbor Drive and the Trolley Tracks. (Engineering) COUNCIL AGENDA 10/6/98 Page 4 CONSENT CALENDAR (Cont.) 7. Resolution No. 98-135 Resolution of the City Council of the City of National City approving Preliminary Official Statement and authorizing and directing the execution of a Lease Agreement and a Contract of Purchase. (Finance) 8. Resolution No. 98-136 Resolution of the City Council of the City of National City approving revisions to the National City Investment Policy. (Finance) 9. WARRANT REGISTER #12 (Finance) Ratification of Demands in the amount of $414,498.45 10. WARRANT REGISTER #13 (Finance) Ratification of Demands in the amount of $236,942.35. Certification of Payroll in the amount of $499,778.45. NON CONSENT RESOLUTIONS 11. Resolution No. 98-137 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement for the use of the Chula Vista Animal Shelter facilities and services. (Police) COUNCIL AGENDA 10/6/98 Page 5 NON CONSENT RESOLUTIONS 12. Resolution No. 98-138 Resolution of the City Council of the City of National City dispensing with the bidding process and authorizing the Mayor to execute an Agreement for Centrex Telephone Trunks with Pacific Telephone and the State of California. (Public Works) 13. Resolution No. 98-139 Resolution of the City Council of the City of National City approving an adjustment of the salary range of Chief Park Caretaker. (Parks & Recreation) NEW BUSINESS 14. Staff Report on State Park Grant. (Parks & Recreation) 15. Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ending 1996-97. (Finance) 16. Certificate of Award for Outstanding Financial Reporting for Fiscal Year ending 1996-97. (Finance) 17. Temporary Use Permit - National City Fire Fighters' Association. (Building & Safety) 18. Temporary Use Permit - Seafood City Supermarket. (Building & Safety) COUNCIL AGENDA 10/6/98 Page 6 NEW BUSINESS (Cont.) 19. Notice of Decision - Conditional Use Permit for the sale of imported beer and wine at a specialty market at 1727 Sweetwater Road, Suite "A". Applicant: Masanobu Yajima. Case File Nos.: CUP-1998-6. (Planning) - CITY MANAGER -> CITY ATTORNEY - OTHER STAFF —> MAYOR - CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. COUNCIL AGENDA 10/6/98 Page 7 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting — October 13, 1998 — 6:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE South Bay Wastewater Treatment Plant Pump Station Community Advisory Group Summary of Findings It is MWWD's belief that community input is a vital component of the decision -making process used to make infrastructure siting decisions. Working with community leaders early in the process has proven to be extremely effective and has helped minimize the impact to the community. In the case of the proposed pump station in the South Bay, City of San Diego staff faced the additional challenge of working with communities outside our own City limits. The South Bay Community Advisory Group (the Group) was formed by the Metropolitan Wastewater Department in June of 1998 to assist in siting a pump station and pipeline route in support of the development of the South Bay Wastewater Treatment Plant. The Advisory Group consists of representatives from environmental, business and civic organizations as well as representatives from the Cities of Chula Vista and National City. (See Attachment A). At the initial meeting of the group, seven sites were presented by City staff as "potential" locations for the pump station. One of the original seven locations is in National City and six are in Chula Vista (see Attachment B/D). The South Bay Community Advisory Group met four times between June and August. During these meetings, they were briefed on the advantages and disadvantages of each of the potential sites. The group visited each of the proposed sites to gain first-hand knowledge of the pros and cons of each location. Selection of potential sites was based on the hydraulic flow requirement to be near the intersection of the Sweetwater River and Interstate 5. Minimum site size was established to be one -and -one-half acres. Based on these criteria. Advisory Group members were asked to help identify any additional sites that should be considered and to provide information on all sites. Two additional possible sites were recommended and explored by the Group. (See sites #8 and #9 on Attachment B/D). t Key considerations of the site review included construction costs, impacts to the public, environmental impact, property cost, mitigation costs, operating costs and required pipeline length. Officials of National City clearly expressed their desire not to have the pump station built on site #7. Early in the process, the Group recommended against the use of sites #1 and #3 based on the small size of the parcels. Both sites were considerably less than the 1.5 acres deemed necessary to build the required pump station. In addition, the proximity of these sites to a school and a densely populated apartment building made them less than desirable. Two sites were added to the list for consideration (# 8 and #9) at the suggestion of the Group. At the conclusion of the fourth meeting of the Group, the consensus was that they could not agree upon one "preferred" site. They were, however, able to agree to recommend elimination of four of the nine sites. The four sites are shown in shaded areas on Attachment C. The remaining five sites were viewed by the group as acceptable possibilities for the pump station. (It should be noted that the representatives from the City of National City were not in favor of eliminating any sites from consideration at this time.) The South Bay Community Advisory Group recommended that the proposed pump station be built on one of the following sites: #2, #6, #7, #8 or #9. They also recommended that the proposed pipeline required to run from the pump station to the South Bay Wastewater Treatment Plant run along Bay Blvd through the City of Chula Vista (see Attachment E). Staff plans to fully brief the Metro Commission at the September meeting prior to going forward with a recommendation to the San Diego City Council. City of San Diego Metropolitan Wastewater Department South Bay Community Advisory Group Participants Mr. Raul Arzoia, Tia Juana Valley County Water District Mr. Paul Blackburn, Sierra Club Mr. Rod Davis, Chula Vista Chamber of Commerce Mr. William Doolittle, U.S. Border Patrol Mr. Mike Freedman, San Ysidro Planning Group Mr. Doug Isbell, County of San Diego Mr. Martin Kenney, U.S. Fish & Wildlife Service Mr. Jay Moser, San Diego Police Department Dr. Stephen Neudecker, Chula Vista Nature Center Mr. Paul O'Sullivan, San Diego City Councilmember Juan Vargas' Office Mr. Doug Perkins, South County Economic Development Corporation Mr. Jim Peugh, Audubon Society Mr. Roger Post, City of National City Ms. Carolyn Powers, CARETa Juana Valley County Water District Ms. Dorie Radichel, San Ysidro Chamber of Commerce Ms. Clarissa Reyes, Assemblywoman Ducheny's Office Mr. Eric Roch, Citeens Revolt Against Pollution Ms. Lauree Sabha, Otay Mesa Chamber of Commerce Mr. Chris Salomone, City of Chula Vista Ms. Ruth Schneider, Otay Mesa -Nestor Planning Committee z. Mr. Mike Vogt, Otay Mesa Planning Committee Ms. Rebecca Young, Tijuana Slough/Sweetwater Marsh National Wildlife Refuge (Representative, Congressman Brian Bilbray's Office) (Representative, County Supervisor Greg Cox's Office) (Representative, State Senator Steve Peace's Office) Attachment A 7 City of San Diego Metropolitan Wastewater Department South Bay Community Advisory Group Interested Parties Ms. Patricia Barnes, San Diego Gas & Electric Ms. Cherly Cox, Cox & Associates Mr. Dennis Davies, City of Chula Vista Mr. Torn Duncan, San Diego Gas & Electric Mr. Frank Fierro, W.W. Grainger, inc. Mr. Bennet Greenwald, The Greenwald Company Mr. Robert Hart, El Torito Restaurant Mr. Gilbert inzunza, Tia Juana Valley County Water District Mr. Fred Kassman, City of Chula Vista Mr. Art Letter, Tia Juana Valley County Water District Mr. David Malcolm, San Diego Unified Port District Ms. Andrea McGuire, Sierra Club, South Bay Chapter Mr. Javier Saunders, San Diego Unified Port District Mr. Art Seligren, B.F. Goodrich Aerospace Mr. Glen Warner, Western Salt Mr. Adbab Zakkout, Chula Vista Capital Attachment A Site 1 2 3 4 5 Site Site (Acres) Estimated Construction Cost (r I( ens) $35.05 $45.50" $41.404' $35.05 $44.30 $40.45 Estimated Annual O&M Cost (mi&lons) $2.17 $3.154 $3,154 $3,154 $2.17 $2.21 $2.21 SOUTH BAY PUMP STATION SITE MATRIX Biological Constraints potential /volland habitat buffer from adjacent wetlands, prevent run-off noire on silt; potential wetland Impacts «;rift stattgn no10 on silo;; potential wetland Impat is O'lift stallo0 nano an site, pafantml lvatiand Impacts lift station. buffer from adjacent wetlands, prevent run-off prevent run-off Into wetland Po(enllal Biological Mitigation Costs 0 0 For spe, $175,000 for lif tiepin at • silo 1 O''for sitar $175,Q00 for liftstatibn at site 1 0. for site, $175,01)Q for lilt';station at situ 1 0 0 direct wetland $450,000.00 Impacts from pipeline Public Impacts cttahligl fosktatllial & _ . c�orghit3rdal Inilrtrt ptttahtial Irnpauta to lay 13I '(!rind ptpallno conetrtlitto' - potential residential & commercial Impact - potential Impacts to Bay Blvd. during pipeline construction potential residenlla commercial 10.0ot potential Impacts Ia Bay Al ';durlilti pipeline aanstruolio rcllanlial 1o0400114 lommofalaI Irnpao 000.0010100010i0.par:, ufirtp plpolineotls ;ckiicli catentir residential Gomtrf orclnl ImpaG1 potanlia Impabls to bat chlrinrt I? pdili?a censirucllo potentia residential & commercial impact potential Impacts to Bay Blvd. during pipeline construction potential residential & commercial Impact - potential impacts to Bay Blvd. during pipeline construction Site Other Site Constraints /Disadvantages Advantages site too small, li 'station required, properly owned:by Q,V, School District 6Llllon faglirod Ontinl site oafltamina station requlraf a GlNaminatlRri add'I $9.3 million for pipeline Included in construction cost estimate no lift station required no lift station required no lift station required - potential residential & commercial Impact potential impacts to Bay Blvd. during pipeline construction Attachment C add'I $5.0 million for pipeline Included In construction cost estimate no lift station required Site it Site Site (Acres) Estimated ConsMrotion cost (ndYlons) Esfmaled Annual OSMons) (millions) Biological Constraints Potential Biological Mitigation g Costs Public impacts p Other Site Constraints /Disadvanta es g Site Advantages Advanla e 8 1.29 $48,30 $2.21 none known 0 - potential residential & commercial Impact - potential Impacts to Bay Blvd. during pipeline construction - site too small - additional $9.3 million for pipeline Included In construction cost estimate no lift station required 8a' 1.29 $44.45 $2.21 direct wetland impacts from pipeline $450,000.00 - potential residential & commercial impact - potential Impacts to Bay Blvd. during pipeline construction add't$5.0 million for pipeline included in construction cost estimate no lift station required 9 -- 2.00 $45.20 $2.21 none known 0 - potential residential & commercial Impact - potential Impacts to Bay Blvd. during pipeline construction - Caltrans exemptions required - add'I $8.7 million for pipeline Included in construc1on cost estimate - very difficult access, MTDB ROW - bridge supports may be Jeopardized - may be In FEMA 100 year flood plain no lift station required 9a ' 2.00 $40.45 $2.21 direct wetland Impacts from pipeline $450,000.00 - potential residential & commercial impact - potential impacts to Bay Blvd. during pipeline construction - Callrans exemptions required - add'I $3.5 million for pipeline included In construction cost estimate - very difficult access, MTDB ROW - bridge supports may be Jeopardized - may be in FEMA 100 year flood plain no lift station required ' Si " An es 7, 8 and 9 are the same as 7a, 8a and 9a, respectively, but have a pipeline alignment which avoids wetland impacts. allowance for a lift station at site #1 is included in the cost estimate. NOTE: Shaded areas denote sites which were eliminated by the Focus Group from further study. Attachment C Attachment D 2 Attachment D Attachment D la Attachment D I_ti�T7. m= South Bay Pipe Alignments and Alternative Sites Attachment E 5, f National CV 1rnrIamatthu WHEREAS, The Great Chicago Fire occurred October 3, 1871, burned for 27 hours, killed 300 persons, left 90,000 homeless. destroyed 18,000 buildings and caused 5196 million in property damage; and GYHERE,1S, In 1911, 40 years after the Great Chicago Fire. the Fire Marshal's Association of North America declared October 9'h as Fire Prevention Day; and WHERK4S. 1n 1922 President Warren G. Harding and the Governor General of Canada joined the Fire Marshal's Association in proclaiming the week of October 9'h as Fire Prevention Week in the hope that people would he reminded of the Great Chicago Fire and take action to prevent fire from becoming a personal tragedy. IVOW, THEREFORE. I. GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim the week of October 4'h through 10`h. 1993 as: "FIRE PREVENTION WEEK" IN WITNESS WHEREOF. [ have hereunto set tnc hand and caused the Seal of the City of National City be nirtcd this 6'h day at -October. 199S. GEORGt WATERS City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 6, 1998 AGENDA ITEM NO 1 ITEM TITLE A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT WITH ROBERT D. STARR FOR A PROPOSED LOT SPLIT AT THE SOUTHEAST CORNER OF 4TH STREET AND "L" AVENUE (409 "L" AVENUE/CASE FILE NO. LS97-1) PREPARED BY Sam Arabzadeh DEPARTMENT Engineering EXPLANATION. Robert D. Starr, the owner of the property at the southeast corner of 4th Street and "L" Avenue, has submitted a parcel map to divide the property into two (2) Parcels. The tentative parcel map for this project was approved by the Planning Commission on August 18, 1997(Resolution No.10-97). The Subdivider has also submitted an improvement agreement, secured by appropriate bonds to assure the construction and completion of the required public and private improvements, as well as the landscape items, associated with the parcel map. J Environmental Review X N/A 1 Financial Statement The Subdivider has posted $1, 713 . 00 cash for the performance of the landscaping and irrigation work. A performance bond in the amount of $14,870.00, and a payment bond for $7,435.00 have also been posted fo he ublic and private improveme (Trust & A7ency Acct. No. 31 4) �� A Account No ( /l�'l� J TAFF RECOMMENDATION Adopt the Resolution BOARD/COMMISSION RECOMMENDATION The Planning Commission approved the tntative parcel map on August 18, 1997, Resolution No. 10-97. ATTACHMENTS (Listed Below) Resolution No. 98-129 1. Resolution 3. Faithful Performance Bond 2. Agreement 4. Payment Bond 409 .a.._o ice. oiec! RESOLUTION NO. 98-129 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT WITH ROBERT D. STARR FOR A PROPOSED LOT SPLIT AT I'liE SOUTHEAST CORNER OF 4m STREET AND "L" AVENUE (Case File No. LS-97-1) BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to enter into a Subdivision Improvement Agreement between the City of National City and Robert D. Starr for a proposed lot split at the northeast corner of 4`h Street and "L" Avenue. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 6te day of October, 1998. ATTEST: Michael R. Da11a, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney George H. Waters, Mayor S T.J331D IV=S ON 21v1PR0VE1`4E1N7T AGREEMENT DATE OF AGR=MET: September 1, 1998 NAME OF SUBDIVIDER: Robert D. Starr ADDRESS OF SUBDIVIDER: P.O. Box 210093, Chula Vista, CA 91921-7093 NAME OF SUBDIVISION: LS97-1 (409 "L" Avenue) PLANNING COMMISSION RESOLUTION OF APPROVAL NO.: 10-97 ADOPTED: 8-18-9- IMPROVEMENT DRAWING NO.: 8083-D/8084-D ESTIMATED TOTAL COST OF IMPROVEMENTS: (OFF -SITE AND ON -SITE): S14,870.`0 ESTIMATED TOTAL COST OF MONUMENTATION.: N/A (set previously) ESTIMATED TOTAL COST OF LANDSCAPING AND IRRIGATION: S1,713.00 TIME LIMIT FOR COMPLETION OF IMPROVEMENTS: September 1, 1999 American Contractors NAME OF SURETY AND BONDAMMIIMMOMMOMMOMP NUMBER: Tnre*nn i +. This agreement is made and entered into by and between the C_- of National City, California, a Municipal Corporation of the State of hereinafter referred to as City; and the Subdivider nanef on Page 1 hereof, hereinafter referred to as Subdivider. RECITAS.S WHEREAS, Subdivider has presented tc City for approval and recordat=on, a final subdivision map/parcel map of a proposed subdivision as stated on Page 1 hereof pursuant to provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title cf the National City Municipal Code, hereinafter referred to as Code, relating to the Filing, approval and recordation of subdivision maps; and WHEREAS. a Tentative mac of the SuLtdivision has been approved, s_ _ ec t t0 r=�'•-ements and conditions contained in the resolution 1_=__- on Page h. d_ Said -es-'--'-- is on file in the office of the City Llerk and __ _ _-__^rate_^. :ere: ref erence and Wade a Bart hereof; and WHEREAS, the Code provides that before the final subdivision or parcel map is approved by the City Council or the City Engineer, Subdivider =L=_ have complied with the requirements of said resolution and =us- have entered into an agreement with the City, secured by an approved improvement security to insure the performance of the wcrk and payment to the contractor and to all persons furnishing labor, .ater=a'= and equipment, pursuant to the requirements of the Code, agreeing at its c-.- expense to install and complete, _free of liens, ail of the _public improvements, land development and landscaping and irrigation work required in the subdivision within a definite period of —me prescribed Council or City Engineer; and WHEREAS, Subdivider, in consideration of the approval ar.4 -'ecor aticr of this map by the Council or the City Engineer, desires co enter agreement wherein it is provided that the Subdivider will i_s_a:_ a=- complete at its own expense, all of the improvenent wcrk rc_ _r d _ connection with the proposed subdivision and will deliver tc the City improvement security as approved by the City Attorney; and WHEREAS, complete plans and specifications for the _ n=-- installation and completion of all of the improver:work have bean prepared and approved by the City Engineer; as shown on the drawings listed on Page 1 hereof which have been filed in the office of the City Engineer and are incorporated by reference herein and made a par-_ hereof: and WHEREAS, it is necessary that certain monuments and stakes as =-=r---"=-' on the final map shall be installed within thirty day: s a_ tar coot _et__n .._ the required improvements and their acceptance by the C_: and :_-__- signs be placed at intersections, as required by the _ode. Iry WHEREAS, an estimate of the cost of constructing the pub?__ .improvements, and the necessary .land development work in connection therewith according to said plans and specifications has been made and has been approved by the City Engineer in an amount stated on Page 1 hereof, which estimate is attached hereto, marked Exhibit "a" and made a par-_ hereof; and i ►AXXX: X r AKX<igX$V{ N ` XXXt-WY IXt tXX4$: Ya. is JACKANK=UMX=NILCIMX=XXX=XX=OXNEMXAMXaXMliaMiNnatItnifigige X VV 77 V7=l`77=7 AlOnia= N / A NOW, THEREFORE, in consideration of the approval -and recordation by the City Council or the City Engineer of the final map of this subdivision, and other valuable consideration, Subdivider and City agree as follows: 1. Subdivider shall: a. Comply with all the requirements of said tentative mac resolution, any amendments thereto and with the provisions of the Code. Complete at its own expense, in accordance with the piss and specifications and to the satisfaction and approval City Engineer, all of the public improvement, land development, and landscaping and irrigation work required in and adjoining the subdivision as follows: IMPROVEMENTIMPROvEMENT DEEACL_NE Din~ =1 PRIVATE AND PUBLIC SEPTE:?EEE I, I o c 9 I= ROVE:SENTS c. Furnish the necessary materials therefor, in conformity with the plans and specifications on file in the office cf the City Engineer. d. Notify City Engineer in writing at least fifteen days Yr zc to the commencement of the work hereunder. No construct_— shall begin until approved authorization has been obtained --- and -the. of-ficial -Preconstruction conference has- -been held. e. Complete the improvements listed in 1.(b) above, under contract on or before the time limits stated hereof. f. Install all monuments required by law within thirty da— after the completion and acceptance of the improvements the City Engineer. g. Install temporary street name signs if permanent sz== signs have not been installed. 2. All utilities shall be underground as per National City mun -__ Code Section 17.07.032 and SDG&E approval. Cable for TV shall be - ovide=_ 3. Subdivider agrees to install maintain landsca p-r irrigation as per City approved plans ( / sheets) dated 3/24n/V. work shall be secured by a faithful performance security in the a-no:r= 100% f the total estimated cost of the wcrk, and a payment security ir the amount of 50% \of the total estimated cost of the work. (See____t for an estimate of the landscape and __r_cation work). Subdivider shall maintain all areas of landscape in a manner that is satisfactory - acceptable to the City, and shall indemnify and save City harmless fr.-on- original cr developed defects in materials and workmanship developer appearing within one veer from the by the City date of acceptance co oe wcr 4. If any of the public improvement, land development and 'a--;c=-e and irrigation work contemplated by this agreement is to be constructed or installed on land not owned by Subdivider, no construction or installation shall be commenced prior to the dedication and acceptance by the City of the appropriate easements. 5 The City Engineer or his duly authorized representative, upon request of the Subdivider, shall inspect at Subdivider's expanse, the improvements herein agreed to be constructed and installed by Subdivider, and -if -determined—to--he in-aecordance with applicable City standa_dz -a d the terms of this agreement, shall recommend the acceptance c= such improvements by the City. Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation. 6. Subdivider shall furnish to the City good and sufficient security .. on forms approved by the City, in the amount of 100% of the estimated cost of said improvements as stated on Page 1, hereof, to assure faithful performance of this agreement in regard to said improvements; and in the additional amount of 50% of said amount for securing payment to .his su:.._..._actors and persons renting equipment or furnishing labor or materials tc them for the improvements required to be constructed installed hereby. Ten vercent (10%) of the amount of the faithful performance bond shall continue in effect to guarantee or warranty the work done pursuant to this agreement for a period of one year acceptance thereof by the City against any defective work or labor done cm defective materials furnished. Subdivider shall furnish to the City such security in the amount of 100% of the estimated cost of setting su✓di-._s__n monuments as stated on Pace 1, hereof and as required by Etis The securities required by this agreement shall be filed wit- the P_ Clerk cm :he Director of Finance Department, and when so filed, shall be -c-=-= ^v reference here_... 7. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceedinc 10% of the original estimated cost of the improvement, which are mutually agreed upon by City and Subdivider, shall not require additional improvement security given for faithful performance of the improvement. In the event such changes. alterations, or additions exceed 10% of the original estimated cost of the improvement, Subdivider shall provide improveme^t security for faithf-_:_ performance as required by this agreement for 100% of the total estimated - -cost of the improvement as changed; -altered,- or - amended; — ai us completed partial releases thereof as allowed by this agreement. 8. The securities required by this agreement shall be released as follows: a. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work, to the provisions of Subsection (b) hereof. b. The City Engineer may release a ocrt__n of the security conjunction with the acceptance of the performance of this act c= work as it progresses upon application therefor by the Subdivider: provided, however, that no such rep==C= shall be for an amount less than 25% of the total improvement security given for faithful performance of the act or work and that the security shall act be reduced to an amount less than 5.0% ..f the total improvement security given for faithful performance ..r____ final cc _ n and acceptance of the act or work. In no even: shall the City Engineer authorize a release c_ the imorovement security whim would reduce such security to an a_^.cunt below -- guarantee the completion of the act or work - ar_c oblicataon imposed by the Code, the Surd_•. __-on Map Act „_ _n -3 agreement. c. Security given to secure payment to the contractor, .._s subcontractors and to persons furnishing labor, materials cr equipment shall, six months after the completion and acceptance the act or work, be reduced to an amount equal to the amount -* all claims therefor filed and of which notice has been given to the legislative body plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured thereby. The balance of the security shall.__be released upon the__ settlement of all such chairs amd obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof and until any claims filed during said period have been settled. 9. Subdivider shall replace, or have replaced, or repair, cr have repaired, as the case may be, all pipes and monuments shown on `t e map which have been destroyed or damaged, and Subdivider shall replace or have replaced, repaired, or have repaired, as the case may be, or pay t., the owner, the entire cost of replacement or repairs of any and all property damaged cr destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of C=' - = _..ia, cr any agency or political subdivision thereof, or 17.y the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. be Any cash repair cr replacement shall the satisfaction, and subject tc the approval, of the City Engineer. 1C. c,• ivider shall, at Subdivider's expense, obtain all necessary oernits and licenses for the construction of such improvements, give necessary notices and pay all fees and taxes law. 11. In the event that Subdivider fairs perform any obligation hereunder, Subdivider authorizes City to perfor= s nt obligation twenty .days after mailing written notice of default to Subdivider and to Subdivider's Surety, and agrees to pay the entire cot of such perform nc� by the City. The sums provided by the improvement security may be used by the City for the completion of the required improvements within the subdivision in accordance with specifications contained herein. Liter may take over the_work and prosecute the same to completion, by contract or by any other method the City may deem advisable, all costs shall be at the expense of Subdivider, and the Subdivider's Surety shall be liable to the City for any excess cost or da=ages occurred by the City; and, in such event, the City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. 12. In the event that the Subdivider fail_ to perform any obligation hereunder, Subdivider agrees to pay all costs and xenses incurred by the City in securing performance of such ^-' • --a: =-s .-ctuning costs of suit and reasonable attorney's fees. 13. Subdivider shall guarantee or warranty the work done pursuant to this agreement for a period of one year after final acca_ance of said work against any defective work or labor done_ or de==^-ive naterials furnished. If within said period any structure or part_ of any structure furnished and/or installed or constructed, or caused to be installed or c=r=t_ •"-=-' Subdivider, or any of the work done •_ __e_ t =__ f..1 F; 1 any of the requirements of this agreement specifications referred to herein, Suhdiv =e- she-_ without any cost to City, repair or replace _------=- �_ agreement, fails to or -the _ iens and without delay and t any defective or ocherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, .Subdivide: hereby authorizes City, at City's option, to perform the work twenty days after mailing written notice of default to Subdivider and agrees to pay the cost of such work by City. Should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs. 14. Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 15. Nothing contained in this agreement shall preclude City fro- expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with subdividers for the apportionment of costs of water and sewer mains pursuant to provisions of the National City Municipal Code providing therefor, nor shall anything herein stated commit City to any such apportionment. 16. Until such time as all improvements required by this agreement are fully completed and accepted by the City, Subdivider will be responsible for the care, maintenance of and any damage to such improvements. S»divider shall give good and adequate warning to the travelling public of each and every dangerous condition existent in said improvements, and will protect the travelling public from such defective or dangerous conditions. The Subdivider hereby agrees to pay for such inspection of such 'improvements as may be required by the Cityof the City. e Engineer 17. • acceptance of the work or. behalf of the City and _o^--daticr cf the .,_ of Completion, ow:.erh_ cf the improvement_ constructed pursuant to this agreement shall vest in the City. a . Accepza..ce of the work on bella .± of �_- C_ s__a_- .F zaoa cy the City Engineer upon authorization of the City Council. Such acceptance shall not constitute a waiver of defects by the City. 19. The City or any officer or employee thereof anal' not be liable for any injury to persons or property occasioned by reason of the acts omissions of the Subdivider, its agents or employees in the performance o: this agreement. Subdivider further agrees to pr--ec- and harmless the City, its officials and employees from any and all claims, 4"Pm.q^^a „ causes of action, liability or loss of any sort because of, or arising out of acts or omissions of the Subdivider, its agents or employees in the performance of this agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, -the design or construction of the improvements: provider, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless sha extend '- injuries to persons and damages or taking of property resulting from the design or construction of said s„re',ivisicn and the ___rrve=__ts as herein, to adjacent property owners as a con==,-•=nze o_ the diversion of waters from the design, construction or maintenance of drainage systems. streets and other improvements. Acceptance by the City of the inprovements shall not constitute an assumption by the City of any --- _»__..t_-ty for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision o toe improvements pursuant to the approved improvement plans recar--__ a=_v action taken by the City on approval of the plans_ The Subdivider shall remain cb'_icated to eliminate any defect in des_- -r caused by the deli , other than routine maintenance. or =ata.'e -10- to the improvements by an act of God for the time period specified in this agreement. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the City of the improvements. 20. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of same, nor shall said City, nor any of`;^= - or employee thereof, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by Subdivider. 21. Sale or other disposition of this property will not relieve Subdivider from the obligations set forth herein. 22. Time is of the essence of this agreement. Subdivider shall commence substantial construction of the improvements required by this agreement not later than nine months prior to the time for completion. Provided that in the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the improvements hereunder may be extended. Any such extension may be granted without notice to Subdivider's Surety and shall in no way affect the validity of this agreement or release the Surety or Sureties on any bond given for the faithful performance of this agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. As a condition of such extensions the City Engineer may require S•,"fli ider to furnish new security T aranteei=_ performance of this agreement as extended . n an increased amount as necessary to compensate for any increase In construction costs s as determined the nec by City Engineer. shall constitute consent to the filing by City of notice of violation against all the lots in the Subdivision. 23. In the event that suit is brought by City to enforce the terms of this contract, City shall be entitled to process such suit and a reasonable sum as attorney's fees. IN WITNESS WHEREOF, the City has caused this agreement to be executed by having affixed thereto the signature of an authorized City representative and the Subdivider has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. DATED this 1st day of September , 1998 SUBDIVIDER BY: CITY OF NATIONAL Cam', a Municipal Corporation of the State of California TOM G. MCCABE SUBDIVIDER CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY (NOTARIAL ACXNOWLrDGMENT OF EXECUTION OF OWNERS MUST BE ATT.-Lc .) STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO No. '5907 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT I State of CALIFORNIA County of SAN DIEGO On 9/2/98 CATE before me, SHERYL SMITH, NOTARY PUBLIC NAME. TITLE CF CFFiCE. - EG_':ANE CCE. NOTARY PUBLC ROBERT D. STARR personally appeared NAMEiS) CF SIGNEF(S) - OR - CAI proved to me on the basis of satisfactory evidence to be the person(Z) whose name(s) is/ice subscribed to the within instrument and ac- knowledged to me that he/tuttw executed the same in his/z authorized C personally known to me yo�r�.omnrsdOn cciman.surni MIA. 3101,5,0479 C JUNE4 ISSS capacity(ffi), and that by his/ signature(s) on the instrument the person(x), or the entity upon behalf of which the person(z) acted, executed the instrument. WITNESS my handed official seal. I OPTIONAL SIGNATURE CF NOTARY .ouch the data below is not required by law, it may prove valuable to persons relying on the document and could prevent reattachment of this form,. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT :NCIVICUAL C;,RFCRA i E CFF':Cc F A,= 'NER(S) Tm=isi L'Mf E E GENERAL Ai CFNEY-iN-FACT T—r.USTEE) S) GUAFCIAN/CCNSERVATCR CT :E-: SiC.P.1E117 IS REPRESENTING: 4.0.4E C= .-SCY(S) CR E'JTi' 11ES) TriLE OF 7-!PE OF DOCUMENT NUMEER CF ?AGES CAT E OF DOCUMENT SIGNERS; OTHER THAN NAMED A.ECVE C1_93 NAT'cNAL NCTARIY AS3CCIA7CN • ...._5Rer7rTet - .' =cx "5-1. • =..:.cca - z rna.� 7;: 7 / ? 9 7 —/ - 85Z/%O T — �rrrr/a2/ r )--v— e �, 2 EARL PENNY, CIVIL ENGINEER TELEPHONE (619) 596-0600 8400 N. MAGNOLIA AVE, SUITE L SANTEE, CA. 92071 S� 6, 4(.2 cx , 1, N 77,&/r2 /? 7 -/ /7:s c y GL2 w at -Lea %z6r� Sr= Goo (Cy (0also EARL PENNY, CIVIL ENGINEER TELEPHONE (619) 596-0600 8400 N. MAGNOLIA AVE, Sui i E L SANTEE, CA. 92071 &z,e -c-ce77 Co /o 7G h•9/'✓/NC p A/ /?r:' Sc=� �.� /7S'0 / v /(;/- /7 clog / 'YF g 5o Sao 997 �65- 73 s— /�s's 7- /56 7'7/ ,6" Subc''ivisicr_s Surety FAITHFUL PERFORMANCE BOND NAME OF DEVELOPER:' ROBERT D. STARR DATE OF AGREEMENT: September 1, 1998 TITLE OF AGREEMENT: SUBDIVISION IMPROVEMENT AGREaMENT NAME OF DEVELOPMENT:LS97-1 (409 "L" AVENUE, NATIONAL CITY, CA 91950) NAME OF SURETY & ADDRESS: AMERICAN CONTRACTORS INDEMNITY COMPANY 1 l)81 1,cu'1�_V JL.i. lii JOLT , +,ic , DI:GC, ..__ :2108 AMOUNT OF BOND: 14,870.00 BOND NUMBER: 73491 PREMIUM: $300.00 (ANNUALLY) EFFECTIVE DATE: 9/1/98 WHEREAS, the City of National City, State of California, herein=-__ referred to as CITY, and the Developer named on Page 1 hereof, herein==__ referred to as DEVELOPER, have entered into an agreement whereby DEVELOPER agrees to install and complete certain designated public and private improvements, which said agreement, dated as shown. on Page 1 hereof a_± entitled as shown on Page 1 hereof, for public and private improve___= appurtenant to the subdivision named cn Page 1 hereof, is hereby referred to - and made a part hereof; and WHEREAS, said DEVELOPER -is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, WE, the DEVELOPER and the Surety named cn Page hereof, hereinafter referred to as SURETY, are held and firmly bound unto CITY in the penal sum of the amount stated on Page 1 hereof, lawful money of the United States, for the payment of which sum well and truly to be made. ..e bind ourselves, our heirs, successors, executors, and administrators ; ant__ and severally, firmly by these presents. Page 1 cf The DEVELOPER, assigns, condition of this obligation is such that if the above --=- his/her or its heirs, executors, administrators, successors or shall in all things stand to and abide by, and well and tr-o_l ke-e and perform the covenants, conditions and provisions in the said agreeheno and any alteration thereof made as therein provided, on his/her cr -heir part, to be kept and performed at the time and in the manner _a= --- specified, and in all respects according to their true intent and -e=-=-_, and shall indemnify and save harmless the CITY, its officers, agants ant employees, as therein stipulated, then this obligation shall become n_ 1 void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to tna faze amount specified therefor, there shall be included costs and re_s —=e expenses and fees, including reasonable attorney's fees, incurred by the -_ ' in successfully enforcing such obligation, all to be taxed as costs a d included in any judgement rendered. The SURETY hereby stipulates and agrees that no change, extension time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall any way affect its obligations on this bond, and it does hereby waive not-ze cf any such change, extension of time, alteration or addition to the tarts of the agreement or to the work or to the specifications. IS WITNESS WHEREOF, this instrument has been duly executed z_ t._e DEVELOPER and SURETY above named on SEPTEMBER 1 1998 Page 2 of 3 BY: ROBERT D. STARR DEVELOPER DEVELOPER APPROVED AS TO FORM: GEORGE H. E:SER, III CITY ATTORNEY AMERICAN CONTRACTORS INDEINNITY COMPANY BY: SURETY SHERYL SMI ATI() Vf.Y-1N—rrC� SURETY (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY DEVELOPER AND SURETY MUST BE ATTACHED) Page 3 of Folder Misc.-Faithful/Surety 1`� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of CALIFORNIA SAN DIEGO On 9/1/98 CATE personally appeared E personally known --� .Y ETT "= ' - =p;k'13:;C0'kLi C=iaA :9 ••.•e t !fi• c'cmnis,;on tzpires j c�raaE� �e. Pays before me, CYNTHIA J. BARNETT, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G.,'JANE COE, NOTARY PUBLIC SHERYL SMITH NAMES) CF SIGNER(S) to me - OR - E proved to me on the basis of satisfactory evidence to be the person(] whose name(a) is/axa subscribed to the within instrument and ac- knowledged to me that IZ/she/ttr y executed the same in `# i /her, authorized capacity(± ), and that by h /her/ signature(s) on the instrument the person(a), or the entity upon behalf of which the person(x4 acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL SIGNATURE OF NOTARY Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattacr.:ment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OF CER PARTNER(S) TITLE(S) LIMITED E GENERAL CHAT CRNEY-;N- -C T E TRUSTEES) ❑ GUARDIAN/CONSERVATOR E OTHER: SIGNER IS REPRESENTING: NAME CF FERSCN(S1 CR E•t 7Y"E_S AMERICAN CONTRACTORS INDEMNITY COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER CF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE .19.9.3 NATIONAL NOTARY .ASSCC;A T ,CN • 9235 'nemmet Ave.. P.C. Box 7184 • Canoga ?arts. CA 913C&7' Ia CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N— rt 40 State of CALIFORNIA County of SAN DIEGO On 9/2/98 OAT before me, SHERYL SMITH, NOT-RQ PIBLIC NAME . r r tE CF CF-.. - NOTARY PUBLIC• personally appeared ROBERT D. STARR NAME: CF S NEAIS) E personally known to me - OR - proved to me cn the basis of sa.sfactory evidence to be the person,, whose name(1) is/zaa subscribed to the •,.ithi . '.rstrument and ac- knowledged to me that he executed his,"± authorized _n_ that :y his AHERYL SMITH btf,:: . JUNE ama the same in capacity(s), signature(s) on the `rstn.:ment the person(;, or the entity u cn .,ehalf of which the person(s) acted_ eecute.t the instrument. WITNESS my hard =- =-c'ai =eal. OPTIONAL • Though the data heicw is not required by Iaw, it may prove Valuable to erns eib'.'_ C- e =__..nevi and could brevert fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INCIVICUAL E C F.FCFATE CFF?CE= E PAR JE=(S) L'MI ED GENERAL E .A i i CRNEY-N-FACT ir.USTEES) E GUAFCIANJCCNSERVATCR E SIGNER IS REPRESENTING: W VAE CF ?E5SCN(S1 CA ENnT?1E_S) DESCRIFTICN CF ATTACHED DOCUMENT 7 _E C= _, _= C= 2CCUME:17 S iGc iE.=I'S _ =.E?. r N NAMED AECVE American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY :NOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corncrn -he "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint: Sheryl Smith s its true and lawful Attorney(s)—in-fact, in amount of $ linl imi Ceti to execute, seal and deliver for and on its behalf as surety, �v ad all bonds and undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or — e allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in purr-'-- : these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, n :tents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. pis Power of Attorney is executed. and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the 3c�_ Directors of AMERICAN CONTRACTORS INDEMNITY. COMPANY, at a meeting called and held on the 6th day of December 1991 ESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant S , -tall have power and authority. 1. To appoint Attorneys) -in -fact and to authorize them to execute on behalf of the Company, and -attach the Seal of the Cozy thereto, bonds and »nr4--takings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time. any such Attorney -in -fact and revoke the authority given. ESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of actor_e ay certificate relating thereto by csimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile serzi. nail be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facairnile seal e valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. N WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed ar_d orporate seal to be affixed by its authorized officer this 12th day of January 19 98 OCTO TATE OF CALIFORNIA 'OUNTY OF LOS ANGELES n I/12/98 before me, B. Caindec personally appeared Andy Faust etsonaily known to me to be :he :erson whose name is subscribed to the within instrument and acknowledged to me that he executedw :me in his authorized capacity, ard that by his signature on the instrument the person, or the entity upon behalf of which the person c ed .ecuted the instrument. TTTNESS my hand and official seal. ( INCORPORATED z i SSEPT & 1990 s3•�o CERTIFICATION B. CARVDEC Cornvntafan M 1098990 NotaCorrwc y Rsbec — Cai Los Angeiea Canty _ My Ccmrn. acres May 28. 2030 the undersigned officer of _ .',1ERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compare _e regoing copy of the Power of A=omey and affidavit, and the copy of the resolution adopted by the Board of Directors of said C:,t—_v s set forth in said Power of Aecrney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that sari:: Jrrect transcripts thereof and of `e whole of the said originals. and that the said Power of Attorney has not been revoked and is now ;rce and effect -s/TEST 1ONY WHEREOF.: have hereunto set my hand this 1ST day of SEPTEMBER 0R 10 -- Albert Baumgarten. Secretaam NAME OF DEVELOPER: DATE OF AGREEMENT: TITLE OF AGREEMENT: Subdivisions (surety) PAYMENT BOND ROBERT D. STARR Seotember 1, 1998 SUBDIVISION IMPROVEMENT AGREEMENT NAME OF DEVELOPMENT: LS97-1 (409 "L" AVENUE, NATIONAL CZT , C. 91950) AMERICAN CONTRACTORS INDEMNITY COMPANY NAME OF SURETY: 1081 CAMINO DEL RIO SOUTH, #107, SAN DIEGO, C.A. 93108 ADDRESS: 1081 CAMINO DEL RIO SOUTH, #107, SAN DIEGO, CA92108 AMOUNT OF BOND: $7,435.00 BOND NUMBER: 73491 PREMIUM: INCLUDED IN PERFORMANCE PORTION .77EC:.V-= =: 91'_i98 WHEREAS, the City of National City, Stare of Ca'`-- a, hereinafter referred to as CITY, and the DEVELOPER named on _age 1 hereof, hereinafter referred to as DEVELOPER, have entered into an =-greement whereby DEVELOPER agrees to install and complete certain designated cublit and private improvements, whit. said agreement, dated as shown on Page 1 hereof, for public and private improvements appurtenant to the deve_ _ ..=_-_ named on Page 1 hereof, is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, =L.,_ before entering upon the performance of the work to file_ a good and sufficient payment bond with the CITY of National City to secure the claims to which reference i Title 1� (commenc- with ct: C s mace �e ., __ Part 4 of Division 3 of the Civil Code of the State of California: -1- NOW, THEREFORE, we the DEVELOPER and the undersigned as corporate Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material men, and other persons employed in the performance of the agreement and referred to in Title 15 of the Civil Coda in the sum of $ 7,435.00 , for materials furnished or labor thereon cf any kind, or for amounts due under the Unemployment Insurance Act with respect to such work labor, that Surety will pay the same in amount not exceeding the amount set forth. If suit is brought on this bond,Surety will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing the obligation, to be awarded and fixed ty the Court, to be taxed as costs, and to be included in the judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporation_ entitled to file claims under Title 15 (commencing with Section 3082) cf Part 4 cf Division 3 of the Civil Code, so as to give a right of action them cr their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall remain in full force and effect. -2- The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreemen_- or the specifications accompanying the agreement shall in any manner affect its obligations on this bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by DEVELOPER and the Surety above named on ROBFRT D. STARR DEVELOPER DEVELOPER APPROVED AS TO FORM: GEORGE H. EISER, III CITY ATTORNEY SEPTER 1998 AMERICA' CONTRACTORS INDEMNITY C01,TA' _' SURETY BY 7 VLi. SURETY r / SHERYL - ATTORNEY -IN -FACT (NOTARIAL ACXNOWLEDGEXENT OF EXECUTION BY DEVELOPER AND SURETY MUST B_ ATTACHED). Folder 5-Payment Bond/Surety -3- No. 3 O CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On 9/2/98 DATE before me, SHERYL SMITH, NOTARY PUBLIC NAME, T TTLE OF C F CE.R - EO.. 'JANE CCE. NOTARY PUBLIC personally appeared ROBERT D. STARR personally known to me - OR - SHERYL SMITH comm. x1060479 40TARYPUSLIO-CALIFORWA MCo l missssion JUNE 4.1999 NAMES) OF SIGNER(S) LI proved to me on the basis of satisfactory evidence to be the person(Z) whose name(s) is/x subscribed to the within instrument and ac- knowledged to me that he/ executed the same in his/ authorized capacity(), and that by his. signature(s) on the instrument the person(t, or the entity upon behalf of which the person*) acted, executed the instrument. WITNESS my hand and official seal. ) —SIGNATURE CF NOTARY OPTIONAL Though the data below 's not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER L INDIVIDUAL I` CORPORA(cCF=CER—. LL PARTNE=(S) Zs C LIMITED GENERAL A i i CRNEf-iN-FA. ,. T USiEE,Si Li GUARDIAN/CONSERVATOR Li CTrE=: SIGNER IS RE?RESE.NT NG: NAME CF FERSCN(S1 CR E.4TC"'— , DESCRIPTION OF ATTACHED DOCUMENT TITLE CR TYPE OF DOCUMENT NUMBER. CF PAGES DATE CF CCCLMEN T SIGNER(S) OTHER. 7HAN NAME: AECVE C1993 NATTCNAL NCTAFY>SSCC;AT'.CN • _2C = err.r.et ._ve..' C. Ccx 721 • C..rcCa 'x . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.E..E-ST State of CALIFORNIA County of SAN DIEGO On 9/1/98 CATE personally appeared before me, CYNTHIA J. BARNETT, NOTARY PUBLIC NAME. THE CF OFFICER - EG..'.:ANE DOE. NOTARY ?!."E C• SHERYL SMITH Cg personally known to me - OR - ❑ I- + J C3 CO ir ✓ awl b.- n C ✓CeS p{ NAMES) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the persons whose name( is/ra subscribed to the within instrument and ac- knowledged to me that kid/she/t v executed the same in :Mt/her/Z=5U authorized capacity(± ), and that by I; Ihert2Metxt signature(s) on the instrument the person(s:), or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE CF NOTARY OPTIONAL Though the data below is not required by !aw, it may prove valuable to persons relying on the document and ^.;:id prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER E INDIVIDUAL ❑ CORPORATE EE OFFICER LJ PARTNER(S) TTLEiS) ❑ LIMITED E GENERAL EIXATTORNEY-IN-FACT E TRUSTEES) S'i E GUARDIAN/CONSERVATOR E OTHER: SIGNER IS REPRESENTING: NAME CF PE SCN(SI CR ENTITY(IES) AMERICAN CONTRACTORS INDEMNITY COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE CR TYPE OF DCCU`.fEN NUMBER CF PAGES DATE CF DOCUMENT SIGNER(Si OTHE?. THAN NAME= -SCVE 01993 NATIONAL NOTARY ASSCC:A T :CN • E235 Rernmet .we.. ' C. Sox 7194 • C�:.c. a =srx. CA 3C9-7' A American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY ;NOW Ai I MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation Me "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint: Sheryl Smith s its true and lawful Attorney(s)-in-fact, in amount of $ unlimited to execute, seal and deliver for and on its behalf as surety, any rid all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, winch are or may e allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instruments) in pursuance f these presents, shall be as binding upon the said AMERIC.AN CONTRACTORS INDEMfNITTY COMPANY, as fully and ampiy, to all items and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal c -ffice. his Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopter by the Board f Directors of AMERIC-AN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of 1990. :ESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Ass's hall have power and authority. 1. To appoint Attomey(s)-in-fact and to authorize them to execute on behalf of the Company, and -attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and. 2. To remove, at any time, any such Attorney -in -fact and revoke the authority given. 1ESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power pf attorney or ny certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or =-=rc-ni ie seal hall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and ffK* seal shall 'e valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. N WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be si=ed and its orporate seal to be affixed by its authorized officer this 12th day of January :9 98 :T.-N.TE OF CALIFORNIA :OL- T Y OF LOS ANGELES Dn 1/12/98 before me, B. Caindec personally appeared Andy F__t •,ersonaily known to me to be the person whose name is subscribed to the within instrument and acknowledged to me ,-lint `_e executed the ame in his authorized capacity. and that by his signature on the instrument the person, or the entity upon behalf of which the person acted. AMERICAN CONTRACI9,RS DEITY By: /% Andy Fast, President :xecuted the insnzument. .VITNESS my hand and official seal. `o��RpC70RS�yo INCO RPORATED } ?; +, SETE 26,1990 -Z. cluRRO CER1 i11CATION I B. CANOEC Cortmiaion s 10989;C: NotW Puede — Caeotrrc Les Angeles Cotrly My Comm. blares Mav z r the undersigned officer of „AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have=ompare.d -the 'oregoing copy of the Power of _Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company s set forth in said Power of Atr.they, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY. a d that Sarre are :orrect transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked a ti is now in full brce and effect N TESalONNY «rI LEOF. _ have hereunto set my hand this 1ST T. day of SEPTEMBER o 98 Albert Baumgarten. Secreth7. City of National City, California COUNCIL AGENDA STATEMENT October 6, 1998 MEETING DATE AGENDA ITEM NO. 2 r2Lr3@LUTION AUTII RIZ NCi TIIE MAIOR E `Ef E A PROGIha34 Sur EI nm NO. M001 TO ADMINISTERING AGENCY -STATE AGREEMENT FOR TRAFFIC) SIGNALS INTERCONNECT ON PLAZA BOULEVARD FEDERAL -AID PROJECT NO. CML-j i Cameron Berkuti Engineering PREPARED BY DEPARTMENT 5066(006) EXPLANATION This resolution is to approve the Program Supplement No. M001 for the preliminary engineering services for traffic signals interconnect on Plaza Boulevard from Roosevelt Avenue to Paradise Valley Road. The project is 88.5% funded by the Federal Congestion Management and Air Quality (CMAQ) funds and 11.5% by the State Traffic System Management (TSM) funds. The project was approved by SANDAG for $270,000. The authorization for, preliminary Engineering is for $45,000. x Environmental Review N/A The project is funded by CMAQ and TSM funds. Funds are aifinarwia6staketirevtcount No. 313-509-500-598-6531. Account No STAIFF 0 ND ; _IO/ Dir ct the City Clerk to insert council tin resolution number and date in th duplicate copies of the Program Supplement and mail the executed duplicate copies along with a copy of the resolution to Caltrans. BOARD/COMMISSION RECOMMENDATION N ATTACHMENTS (Listed Below) Resolution No. 98-130 1. Resolution 2. Duplicate copies of the Program Supplement No. M001 5066 A.100 (ie.. *1001 RESOLUTION NO.98-130 RESOLUTION OF THE CITY COUNCIL OF rru. CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. M 001 WITH THE STATE OF CALIFORNIA FOR THE TRAFFIC SIGNALS INTERCONNECT ON PLAZA BOULEVARD BE IT RESOLVED, by the City Council of the City of National City that the Mayor is hereby authorized to execute Program Supplement Agreement No. M-001 with the State of California for the Traffic Signals Interconnect on Plaza Boulevard. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 6te day of October, 1998. Attest: Michael R. Dalla, City Clerk Approved as to Form: 444. George H. iser, III, City Attorney CITY OF NATIONAL CITY George H. Waters, Mayor STATE OF CALIFORNIA — BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON; Governor DEPARTMENT OF TRANSPORTATION DESIGN AND LOCAL PROGRAMS P.O. BOX 942874, MS #1 SACRAMENTO, CA 94274-0001 TDD (916) 654-4014 (916) 654-3151 Fax: (916) 654-2409 May 14, 1998 File: Mr. Curtis Williams, Jr. Director of Public Works City of National City 1243 National City Boulevard National City, CA 91950 Attn: Cameron Berkuti Dear Mr. Williams, Jr.: ;n 11-SD-O-NATC CML-5066(006) IN NATIONAL CITY ON PLAZA BLVD: ROOSEVELT AVE TO PARADISE VALLEY RD Enclosed are two originals of Program Supplement Agreement No. 001-M to Administering Agency -State Agreement No. 11-5066 covering: Preliminary Engineering for the above -referenced project. Please sign both copies of this Agreement and return them to this office, Office of Local Programs - MS1. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. Your prompt action is requested. No invoices for reimbursement can be processed until the agreement is fully executed. Enclosure cc: OLP AE Project Files (11) DLAE- Gary Vettese Sincerely, HERB REINL, Chief Office of Local Programs Project Implementation Frk "We'll Find a Way" OGRAM SUPPLEMENT NO. M001 to MINISTERING AGENCY -STATE AGREEMENT R FEDERAL -AID PROJECTS NO. 11-5066 D-- Locatirm: Project Nu_.e=: E.A. NuYar: May 07, 1998 -SD-D-NATC CML- .066i 006) ---955764 s Program Supplement is hereby incorporated into the Agency-S ate Agreement for Federal Aid =-=j.ca was ..— ered into ween the Agency and the State on 07/24/97 and is subject to all the terms and conditions thereof. _. -;5 Pros_— Supplement dopted in accordance with Article I of the aforementioned Master Agreement under authority of ?. soitaion No. roved by the Agency on (See copy attached). Agency further stipulates that as a condition to payment of funds obligated to this project, it a:_.3 and :- comply with covenants or remarks setforth on the following pages. OJECT TERMINI: Vational City on Plaza Blvd: Roosevelt Ave to Paradise Valley Rd PE OF WORK: Traffic Signal Interconnect -ti : 4.7 (MILES) OJECT CLASSIFICATION OR PHASES) OF WORK Preliminary Engineering Construction Engineering [ ] Right -Of -Way [ ] Cons ;timated Cost Federal Funds 2ra -_-_. — _ as $45,000.00 320 $39,838.00 LOCAL $0.00 — 7cs.,I ._O1 OTHER SC J0 ._.: =Y OF NATIONAL CITY By Date test itle STATE OF ,___ =_z'y=- DeDa- =_=mstortaticn By Chief, C f-_e -r Loral Pr -^rams - Proiec_ Mr=larattation Date aereby certify upon my personal knowledge that budgeted funds are available for __s sc��ce: counting Offi'exl(( spter I Statutes 2 1997 2660-101-890 1997 2660-125-042 Date S • 7 • ogram -98 20.30.010.820 97-98 20.30.010.821 1 BC `c n 39.833. 0 Program Supplement 11-5066-M001- Pace _ .-f 11-SD-0-NATC 05i07/1998 17ML-5066(006) 1. SPECIAL COVENANTS OR REMARKS All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 3. State Traffic System Management (TSM) funds are being made available to match only those federal funds eligible in accordance with Section 182.4 of the -Streets and Highways Code and as permitted by Article XIX of the State Constitution. 4. Federal funds eligible for TSM match will be proportional to the total federal participating amount established at contract award as indicated on the Finance or Bid Lter or its modification. 5. This agreement supplements the Local Agency -State Master Agreement for Federal -Aid projects, with the understanding that all provisions of the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) apply. 6. The Local Agency will advertise, award and administer this project in accordance with the current Local Program Procedures or the new Local Programs Manual, when issued. 7. This Program Supplement will be revised'at a later date to include other phases of work. 8. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report covering the allowability of cost payments for each individual consultant or sub -contractor incurring over $25,000 on the project. The audit report must statethe applicable cost principles utilized by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Program Supplement11-5066-M001- ISTz..A Page 2 of 2 ?ROGRAM SUPPLEMENT NO. M001 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 11-5066 Date: May 017, 1998 Location: Project Number: E.A. Number: 11-SD - -NATC CML-5066+006) 11-955764 his Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into etween the Agency and the State on 07/24/97 and is subject to all the terms and conditions thereof. This Pros— am Supplement adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No- oproved by the Agency on (See copy attached). he Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will c rnpiy with le covenants or remarks setforth on the following pages. ROJECT TERMINI: National City on Plaza Blvd: Roosevelt Ave to Paradise Valley Rd YPE OF WORK: Traffic Signal Interconnect NG ': ^... 0.=7- ROJECT CLASSIFICATION OR PHASE (S) OF WORK q Preliminary Engineering ] Construction Engineering [ I Right -Of -Way [ ] Construction stimated Cost Federal Funds Matching Funds $45,000.00 320 $39,838.00 LOCAL $0.00 STATE TSM I 55,162.001 Omit 5___ TY OF NATIONAL CITY By Date :test Title STATE OF CAL FCRNMA Department of -rarer: ortat_on By Chief, Office of Local Prc__- . Project Implementation Date hereby certify upon my personal knowledge :counting Offide apter I Statutes that budgeted funds are available for this er-c_=anca: Item 1997 2660-101-890 1997 2660-125-042 Date P ogram 5.7.97 1 BC Fund Source ALx= -98 20.30.010.820 _. C 262040 892-F 97-98 20.30.010.821 C 258020 042-T Program Supplement 11-5066-M001- IST°_A 11-SD -0-NATC 05/07/1998 CML-5066(006) SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article ==_ MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. 2 The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 3. State Traffic System Management (TSM) funds are being made available to match only those federal funds eligible in accordance with Section 182.4 of the Streets and Highways Code and as permitted by Article XIX of the State Constitution. 4. Federal funds eligible for TSM match mill be proportional to the total federal participating amount established at contract award as indicated on the Finance or Bid Metter`or its modification. 5. This agreement supplements the Local Agency -State Master Agreement for Federal -Aid projects, with the understandi-g that all provisions of the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) apply. 6. The Local Agency will advertise, award and administer this project in accordance with the current Local Program Procedures or the new Local Programs Manual, when issued. 7. This Program Supplement will be revised at a later date to include other phases of work. 8. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report covering the allowability of cost payments for each individual consultant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utilized by the auditor in determining allowable costs as referenced in CFR 49, part 18,.Subpaist C - 22, A'-lowabl Costs. Program Supplement11-5066-H001- ISTEA 2 of 2 \ 3. City of National City, California COUNCIL AGENDA STATEMENT OCTOBER 6, 1998 MEETING DATE AGENDA ITEM NO /MCli �I ikocIATESOFORION THE REPARATION OF PLANS, SPECIIZING THE MAYOR TO FICATIONS, ONS, COSE AN T ESTIMATES 1 (PS&E), AND AN INFORMATIONAL VIDEO TAPE PRODUCTION FOR THE INSTALLAT_ON OF' PROTECTED/PERMISSIVE TRAFFIC SIGNAL OPERATION AT THE INTERSECTION OF NATICCITY' BOULEVARD ANDPRCCECT 30TH STREET, ENGINEERING SPECS. NO. 98-6, FEDERAL NO. C 1� AKED9 BY CAMERON BERKUTI DEPARTMENT ENGINEERING EXPLANATION Congestion Management and Air Quality (CMAQ) funding for the implementa__on of protected -permissive left turn (PPLT) signal operation system at the int=--tier. of National City Boulevard and 30th Street has been approved by SAND?=. The funding also includes the production of a five-minute informatio_l and instructional video tape of the operation to be distributed regional wide. Prior to the approval of CMAQ funding for PPLT signal operation, SAN AG had selected Hank Mohle and Associates to study PPLT operations and to _rovide implementations guidelines. A copy of the Executive Summary of the re_ort is attached for your information. Therefore, based on their experience, knowledge, and qualifications, Ha-_ Mohie and Associate was selected to provide PS&E services and informational video tape production for the installation of PPLT signal operation at the inter== --ion of National City Boulevard and 30th Street at a not -to -exceed cost of $17,C45.47. Environmental Review x N/A Financial Statement Lunaing nas peen approved by SANDAG in the amount of $38,750 of which. 519,750 for PS&E service, Account No. 313-409-500-598-6568 Account No. G/ STAFF RECOMMENDA710 Adopt the Resolution autr ng tiie ay rto execute the agreement with Hank Mohie and Associates for providing PS&E seTvices for PPLT signal operatic = at the intersection of National City Boulevard wind 30th Street. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Contract Acreement Executive Summary Report for PPLT Resolution No 98-131 i ::: RESOLUTION NO. 98-131 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HANK MOHLE & ASSOCIATES FOR THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATES AND AN INFORMATIONAL VIDEO TAPE PRODUCTION FOR THE INSTALLATION OF PROTECTED/PERMISSIVE TRAFFIC SIGNAL OPERATION AT THE INTERSECTION OF NATIONAL CITY BOULEVARD AND 30TH STREET WHEREAS, the City desires to employ a Contractor to prepare plans... specifications, and cost estimates for protected/permissive traffic signal operation at the intersection of National City Boulevard and 30th Street, Engineerinc Specification No. 98-6, Federal Project No. CML 5066 (009); and WHEREAS, the City has determined that Hank Mohle & Associates is qualified by experience and ability to perform the services desired by the City.. and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City cf National City that the Mayor is hereby authorized to execute an agreement wit- Hank Mohie & Associates for the preparation of plans, specifications, cost estimates and an informational video tape production for the installation cf protected/permissive traffic signal operation at the intersection of National Cit. Boulevard and 30th Street. Said agreement is on file in the office of the Cit. Clerk. PASSED and ADOPTED this 6th day of October, 1998. ATTEST: George H. Waters, Mayor Michael R. Dalla, City Clerk APPROVED AS TO FORM: r J e. George H. Eiser, Ill City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL, CITY AND Hank Mohle & Associates (HMA) AGREEMENT is entered into this day of by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY") , and Hank Mohle & Associates (HNZ4) a California Corporation, hereinafter referred to as ("CONTRACTOR") . RECITALS the %7H7?=AS, the CITY desires to employ a CONTRACTOR -=pareclans, Specifications, and CCSt estimates protect- - /b- _...issive traffic signal at the National ^__:, __vd. and 3oth Street., Engineering Speci`icat_,,.-- No. 98-6, 77=^=7-7 Pr oject No. CML 5066 (009) as descried Exhibit "A" (Location and Description of the Project). A=ER=AS, the CITY has determined that the CONTRACTOR is s i r=d b Serv_c9c. experience and ability to perform the ser-,-ice-, IT" and the CONTRACTCR is willing to perform suc_. 1 NOW, THEREFORE, THE PARTIES HERETO CC MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby _-o- to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represen�s that all professional services required hereunder will be --ed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will ^� _^-- services as set forth in the attached Exhibit "B" (Description of Work to be Done by the Contractor). THE CONTRACTOR shall be responsible for re viers related to the work and shall not rely on personnelof - __-_ CITY for such services, except as authorized _-- advance c, the CITY. The CONTRACTOR shall appear at meetings citeb___ Exhibit "B" (Description of Work to be Done by the Contractor) to keep staff and City Council advised of the progress on the Contractor certifies that it has v=-. -- products, treatments, materials and processes s-=• and specifications will be available throughout - construction at the price s7=,-' =i =d. Failure t ; SO 7-_or use due diligence render Contractor liable to t increased cost differential resulting to city for inability to obtain the specified item. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing sc, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction in services. The City will provide the services set forth in the attached EXHIBIT "C" (Work To Be Done By The City). The location of the office where the contractor's work will be available for inspection by the City and State representative is Hank Mohle & Associates, 9C1 E. Imperial Hwy, Ste. A, La Habra, CA 90631. 3. Project Coordination and Supervision. Cameron Berkuti, Assistant City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and this cr. of �__: _s Agreement. The CONTRACTOR shall assign a single Project to provide supervision and have overall resccnS'^' t_i for the progress and execution of this Agreement for the CONTR:-_CTCR. R. Henry Mohle, President, is hereby designa ted - �s for the CONTRACTOR. The CONTRACTOR will_ u- --= the services of the folio 3 subcontractors during the course of this study: 1. Norfleet Video, 3507 Voyager Circle, San Diego, CA 92130- 1847, Phone 619/755-0553, Fax 619/755-2243, Person: Fred L. Norfleet, Owner. C�^.race 4. COMPENSATION AND PAYMENT. The compensation for CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor respective rates, hours worked and also materials, if any. total cost for all work described in Exhibit "B" (Description of Work to be Done by the Contractor) shall not exceed the schedule given in Exhibit "D" (Schedule of Compensation) without written authorization from the City Eng'neer. Monthly invoices will be processed for avment and remitted within thirty (30) days fromreceiptof invoice, __ ^.vc___ ov_^' that work is accomplished consistent with the Exhibit "B" (Description of Work to be Done by the Contractor) as determined b_ the CITY. papers, The CONTRACTOR shall maintain all books, documents, employee time sheets, accounting records, evidence pertaining to costs incurred and shall make such available at its office at all reasonable times during the t=__.. this Agreemen.t and for three (3) years from the date of final paymentunder this Agreement, for ins - ^n by the C 4 furnishing of copies to the CITY, if requested. Final payment of fees .shall be made upon delivery of approved final plans, specifications, estimates, and other documents and permits to the City. The Federal Acquisition Regulations in Title 48 CFR31 are the governing factors regarding allowable elements of costs. AMENDMENTS AND CHANGES. This Agreement sets forth the entire nding of the parties with respect to the subject matter herein. There are no other agreement expressed or implied, oral or written, except as set forth herein. This Agreement may be amended upon written mutual consent of both parties hereto. Amendment ng changes in compensation shall be subject tot he City's chance order Scone of Ser-. changes, procedures. y may, from time to time, changes in the _es of the Contract to be performed hereunder. Such _n ng any increase or decrease in the amount of the CONTRACTOR'S between the Contract. compensation, which are mutually agreed by and CITY and the CONTRACTOR shall be incorporated to this PERFORMANCE SCHEDULE. 3cth CONTRACTOR and the CITY recognize that time is of the essence in the complol- work and t..e =- n of the ''Svcnc schedule is dependent upon timely actions 5 the CONTRACTOR and the CITY. Accordingly, the CONTRACTOR shall complete all of the work outlined in Exhibit "B" (Description of Work to be Done by the Contractor) and described in this Agreement in accordance with the EXHIBIT "E" (Schedule of Completion). Upon approval of the Contract by the City Council, the CITY will issue a Notice -to Proceed. The CONTRACTOR shall becin work within seven (7) calendar days thereafter. The CONTRACTOR may request an extension of time for unavoidable delays beyond the CONTRACTOR's control or reasonable expectations. 7. DISPOSITION OF PLANS, SPECIFICATIONS AND RECORDS. The Retention, Drawings, Tracings, Maps, Plans, Specifications and other documents, notes, sketches, charts, computations and other data prepared or obtained by the CONTRACTOR for this Project shall become the property of the CITY for use solely with respect to this Project, and shall be turned over to the CITY upon completion the Project, or any phase thereof, contemplated by this Agreement. The CONTRACTOR shall maintain adequate records to permit inspection audit of CONTRACTOR's time -and -mat -' charges under this agreement. CONTRACTOR shall make such records available to the CITY and to the other public agencies respor='^ice . appro _-, funding or auditing the project, during normal business hours ubon reasonable notice. Nothing herein shall convert such records 6 public records and they will be available only to the CITY or the public agencies involved with approval, funding or auditing functions. Such records shall be maintained by the CONTRACTOR for three (3) years following completion of the work under this agreement. 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. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized bv t:e parties that a substantial inducement to the CITY for enteri 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 subcontracted, assigned or transd except as otherwise provided for in this Agreement without the prior written consent of the CITY. All subcontracts exceeding $25,000 in costs shall contain all required provisions of the prime contract. Nothing herein contained is intended prevent the CONTRACTOR from employing orhi_i^g as many employees as the CONTRACTOR may deem necessary for the proper and A ;^ ant performance of this Agreement. 9. CONTROL. Neither the CITY nor its of`=rs, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any 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 contractors 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 comm_y with all State and Federal statutes and al_ ordinances, rues and regulations of the City of National City enforced at the time services are rendered. This includes compliance with prevailing wage rates and their payment _.. accordance with California Labor Code, Section 1775. The CONTRACTOR, and its subcontractors, shall obtain a City of National City business license pr crto - ~..._ng env work within he City. 8 11. LICENSES, PERMITS, ETC. and covenants that it has all licenses, and approvals of whatever nature that practice its profession. The CONTRACTOR that the CONTRACTOR shall, at its sole effect at all times dur The CONTRACTOR represents permits, qualifications, are legally required to represents and covenants cost and expense, keep in ng the term of this Agreement, any license, permit, or approval which is CONTRACTOR to practice its profession. legally required for the 12. STANDARD OF CARE. 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 profession currently practicing under similar conditions and in similar locateions. 13. EOUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will not discriminate against any employee or applicant for employment because of ace, race, color, ancestry, religion, sex, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take affirmative action to insure that app cants are emcloyed without regard to the'__ age, race,color, - ancestry, religion, sex, sexual orientation, marital status, national oricin, physical handicap, medicalorco ndition. cond_ _ion . action c,. include but not Ce limited the followi. 9 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 provided herein. The CONTRACTOR shall _l- such information as confidential and shall not disclose any part thereof without the Dr or written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even wit__i_. its CAL organization, to the extent necessary to perform the services to provided herein. The foregoing obligation cf this however, shall not apply to any part of .e information that has been disclosed in publicly available sources of information, (ii) is, throuch no fault of the CONTRACTOR, disclosed -. publicly ava' = = sources Of information; possession cf the CONTRACTOR without any confidentialit or (iv) has been or _.c+ation disclosed to the CONTRACTOR by only to the extent that the use or 10 disclose 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 t c 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. 15. TERMINATION AND DISPUTES. The CITY may terminate this Agreement at any time by giving written notice of same and specifying the -rtive date thereof, at least ten (l0) days before the - ; v- date of such termination. The CONTRACTOR may terminate this Agreement, with th= mutual consent of the CITY, at any time by giving w"' =n notice of same and scec_fv_ the effective date thereof, at least ten (10; days before -e a"�''tive date of such termination. If this Agreement is terminated by the City as provided herein, t CONTRACTOR shall be paid for all effort and mat,- _ expended on behalf of the CITY under the terms of this Agreement, the o__ v- date of termination. 1., t._e even: o= 1 Agrcement, the prevai • . t_gatiCn over the performance of this __y s.^a__ be entitle II attorney fees and costs incurred during the course of litigation. If, through any cause, the CONTRACTOR shall f� 1 to fulfill in a timely and proper manner his obl_gat_ons under this Agreement, or if the CONTRACTOR shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five days before the �r ve date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, macs, models, photographs and reports prepared by he CONTRACTOR under this Agreement shall, at the option of the C_t_: , become its property and the CONTRACTOR shall be entitled to - - -r= just and ecuitable compensation for any work satis=actor__7 completed hereunder. .. Notwithstanding the above, the CONTRACTOR shall not relieved of liability to the City for damages sustain__ by the C== -' by Virtue of any breach of the Agreement by the CONTRACTOR, and the CITY may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of da from the CONTRACTOR is determined. C -y due 15. DISADVANTAGED BUSINESS ENTERPRISE CONSIDERATIONS. O JT�,CO The CONTRACT.- must give consideration tc _T-4- -s =_ 12 23 CFR 172.5(e). 17. HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, 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, costs or attorney's fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 18. WORKERS' COMPENSATION. The CONTRACTOR shall comply the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Divisions 4 and S•of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceeding and judcments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or vo_._nteers, for or on account of anv __ab___.t:. under o. of said acts which may be r` by Yeason o_ l� any work to be performed by the CONTRACTOR under this agreement. 19. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: a. Professional liability insurance with minimum limits of $1,000,000 per claim and $2000,000 annual aggregate. b. Automobile insurance covering all bodily in. ry an d property incurred during the p=r=-~-ante cf this Agreement, with a minimum cov- of 000 combined single limit per a(--= _n_t. automobile insurance shall -_cn-o:•;ned vehicles. c. Comprehensive general liabilit-, insurance, Nt__ minimum limits of $1,000,000 per occurrence, covering all and roperty damage arising out of its coeratidn under this �.:_� Agreement. d.Workers' compensation insurance covering all its e^t_ovees and volunteers. e. The a:oresaid policies shall con�t___e _..._ y insurance as to CITY, its o-` .o_unteers, so that any ot. 14 g• CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. f. Said policies, except for the professional liability and workers' compensation policies, shall name city and its officers, agents and employees as additional insured. This Agreement shall not take effect until certificate(s) or other suf=; en_t proof that these insurance provisions have been complied with, are r 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 th e maintain recuisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. h. If required insurance cov=r=T= is provided on a "claims made" rather than 'roc--- -mince" form, the CONTRACTOR shall maintain such insurance cover for three years after expiration of the term any extensions) of t~:is Agreement. Should a*:_! such insurance ..a . = an adcr=ca= 1 15 such limit shall either apply solely to this agreement or it shall be at least double the per occurrence requirement spur-'` A^ 'n this agreement. 20. OTHER CONSIDERATION. Nothing contained herein shall prevent the CONTRACTOR from carrying on its usual business, including the performance of other additional services for the CITY, should the CITY desire additional services, nor from performing similar services for other agencies, cities, distr or public of private entities. 21. COVENANTS AGAINST CONTINGENT FEES. The C✓NTRACTOR warrants that he/she has not employed or retained any company or person, other than a bonafide employee working for the CO'NTR_CTOR., to solicit or secure this agreement, and that he/she has not paid or agreed to pay any company or person, other than a bonafide employee, any fee, commission, percentage, brokerage fee, gift, any other consideration, contingent upon or resulting from the award or formation of this agreement. For breach or y'^' this warranty, the City shall have the right to annul this agreement without liability, or at its discretion to deduct f_ ... the agreement price or consideration, cr otherwise recover, the full amount of such fee, commission cercentage, 16 gift, or contingent fee." 22. CERTIFICATION and Exhibits. The following certifications and exhibits have been attached hereto and incorporated herein as a part of this Agreement: Exhibit "A" - Location and Description of the Project Exhibit "B" - Description of Work to be Done by the Contractor Exhibit "C" - Work To Be Done By The City Exhibit "D" - Schedule of Compensation Exhibit "E" - Schedule of Completion Exhibit "F" - Disadvantaged Business Ent=--r ses(DBE) CONTRACTOR Contract Requirements. Exhibit "G" - Title 49, Code of Pederai Regulations, Part 29, Debarment and Suspension C=r`i`ication. Exhibit "H" - Certification of CONTRACTOR. Exhibit "I" - Certification of City. 23. DESIGN STANDARDS. The CONTRACTOR shall perform the work described in Exhibit "B" (Description of Work to be Done by the Contractor) in accordance with, but not I fo_'_ow_. , sta.^.;^_.arils, Guidelines, and -=- - _..-t=_d to, the 1. Caltrans Standard Flans and Soecifications, 1092 edition. 2. Caltrans Signal & Lighting Design Guidelines. 3. Protected -Permissive Left Turn Signal System program, SANDAG 1997. 24. DOCUMENTATION - The CONTRACTOR shall document the results of the work to the satisfaction of the City and the State. This may include preparation of progress and final reports, plans, specifications, and estimates, or similar evidence of attainment of the agreement objectives. 25. CONTRACTOR'S ENDORSEMENT ON PS&E/OTEER DATA. T'^e responsible CONTRACTOR/engineer shall sign all plans, spe,- '' ^at_ons, estimates (PS&E) and engineering data furnished him/her and where appropriate, indicate his/her number. by 26. GOVERNMENT CODE SECTION 7550. The CONTRACTOR shall comply with the requirements of Government Code, Section 7550, with respect to the required notice On documents cr w-'--ten reports prepared, as follows: a. Any document or wr' 'ten rcreca red arc... .Or Or under the r .---' on of a State or Local Adencv, which _s _ cared whole or _.. by non -employees 18 r .,._ gencv shall `lain :he _ numbers and dollar amounts of all contracts and subcontractors relating to the preparation of such document or written report, provided, however, that the total cost for work performed by non - employees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollars amounts shall be contained in a separate section of such document or written report. b. When multiple documents or written reports are the subject of product of the contract, the disclosure section may also j contain a statement indicating that the total contract amount \represents compensation for multiple documents or written reports. 27. PATENT RIGHTS. The patents rights provisions in Title 41 CAR 1-9.1. are the governing regulations. 29. COPYRIGHT. Copyrighting is not allowed. 29. CONTENT. This Agreement sets forth the entire understanding of the parties with respect to the subject matters herein. There are no other understandings, terms or other agreement expressed or implied, oral or written, except as set 30. LEGAL FEES. If any partybrings a suit or action agaLnst the other °arty arisin7 the 19 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 actual attorney's fees. 31. 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 the dispute by mediation in San Diego, California, 'n accordance with th=, Commercial Mediation Rules of the American Arbitration Asscr- the ("AAA") _ -he costs of before resortircarbitration.T LO mediation shall be borne equally by the pa---- . Any controversy or claim arising out of , or relating t t_._s __creeme^t, or brew-. 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, judgment thereon may be entered in any court __._ Ti at nC ove s' 'eCo matter r the - OL the controversy. _n:e expenses O_ ___e a n d arbitration 5"'c1' be borne ecual'v par - arbitration, provided that each party shalt pay for and bear the 20 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. 32. N/A 21 33. 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) (ten (10) days _f 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) _f given b_v 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: Tom G. McCabe 22 City Manager City of National City 1243 National City Boulevard National City, CA 91950 To CONTRACTOR: Hank Mohle & Associates 901 Z. Imperial Hwy, Ste. A La Habra, CA 90631 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, r =_-, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-e_gh_ '.3i hours by letter mailed or delivered as so in this Sectit 34. CONFLICT OF INTEREST AND POLITICAL REFORM! ACT OBLIGATIONS. Curing the term of this Agreement, the Cone -=(--- shall not 7=-=--m services of any kind for any person or =nt- whose in- - -- __ conflict in any way with those of the City of National C_t . The CONTRACTOR shall at all times combly with terms of t Reform Act and the National CityConflict o= Cod . _he CONTRACTOR shall immediately discual_fy _s of= position to influence _n any way any 23 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 which would.require it to disqualify - _ matter on which it might perform services for the CITY. any The CONTRACTOR shall comply with all of the re crting requirements of the Political Reform Act and National City regulations. Specifically, the CONTRACTOR shall file Statements of Economic Interest 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, if required by the National City Cc._= of Interest Code as determined by the City Attorney of the of National City. 35. MISCELLANEOUS PROVISIONS. a. Computation of Time Periods. If a n _i date time period provided for in this Agreement is or ends =y, Sunday or federal, state or legal holiday, then automatically be extended until 5:00 p.m. Pacific Time of the next day which is holiday. a Saturday, Sunday or federal, Counterparts. This Agreement may multi `? each of which shall be deemed but all of which, together, shall constitute but one and the same instrument. • 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. Exhibits and Schedules. The Exhibits and Schedules Attached hereto aYe hereby incorporated herein by thi s for all purposes. r=-For=nCe Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing ex = hy each of the parties hereto. Waiver. The waiver or failure to enforce any provision of this Agreement shall _waiver provnot Operate as a of any future breach of any such provision or any other provision hereof. Applicable Law. T`_s :_gr=emeno shall be governed by and construed in accordance with the laws of the State of California. I . 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 shall be of any effect unless it is in writing and executed by th= party to Pe bound thereby. j . Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. k. Construction. The parties ackncwl agree =-_at ;) each party is of equal bargaining Strengt:'_r .--I each party -.-= actively parti ed in the drafting, preparation and negotiati_n of this Agreement, (iii) each such party has consulted with had the opportunity to consult with its own, counsel andsuch 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'counsel ant advisors have reviewed this Agreement, (v) enter into this Agreement following such review and he agree- to rend_ri of such advice, and (v_) any rule or const-v---- .. __ the =. -. 26 rhAt. Ambiguities are to be resolve- against the drafting party shall not apply in Lhe interpretati n mf rhea Agracment, or. any portions heteo.C, u1 any outilaments h•zetc,. L. Number of Copies- Mlles otherwise specified in this agreement and attached exhibits, one (1) digital copy, in a city - approved format, and five (5) copies .. papers or documents and one digital to be furnished , such reports, sets of plans, specifications or Right of Way plOLs , to the City. IN WITNESS WHEREOW, the par ies hereto haft# AXI+rlttAd thin AyLeemenL NA th* date end year first above written. c:TY or NAT'IONA1.. t it CONTRACTOR BY: GEORGE H. WF.TERS, MAYOR APPROVED As TO 'TOM; rgoRrE H. F.TSFR, ITT CITY hTTORNEY 27 247 gnature /��-��.W N!a Ate e -exi �►z Title GEORGE H. EISER, III CITY ATTORNEY APPENDIX "A" LOCATION AND GENERAL DESCRIPTION OF THE PROJECT The work to be done, in general, consists of the modification of an existing eight -phase traffic signal at the intersection of 30th Street and National City Boulevard in the City of National City - The modification consists of adding Protected/Permissive Left Turn (PPLT) operation to the signal. An evaluation of the intersection's operation along with air quality and delay studies is to be done before the modifications are made. Once the project is complete, a second evaluation along with air quality and delay studies is to be done to determine the effect of the modification to the traffic signal. Finally, a video and a brochure are to be developed so that the motoring public can be educated on the signal's Protected/Permissive Left Turn operation. Hank Mohle & Associates (HM_) will work with the City's PPLT Public Education Commi`= the preparation of the brochure. The PPLT Public Education Committee will consist of the National City Project Manager, SANTEC representatives from Chula Vista and the City of San Diego. 28 APPENDIX "B" & "C" DESCRIPTION OF WORK TO BE DONE BY THE CONTRACTOR AND THE CITY Task 1 Design Services With City HMA will review the intersection and discuss the angle situation on 30th Street. With traffic count and other information in hand, determine whether or not all the directions at 30th Street/National City Boulevard are indeed an appropriate location for the Protected/Permissive Left Turn conversion. A Base Map will be prepared using electronic file data from Willdan Associates. The signal modifications will be designed including the installation of queue loops. A final design will be prepared on National City Title Sheet D sheets. HMA will prepare the special provisions. The City will incorporate the special provisions into the City and Federal "boilerplate" for submittal to Caltrans and for advertising purposes. A digital and a paper copy of both plans and specifications will provided to the City. The city wi be responsible for the production of the required number of sets of the specification package and the plans for distribution to potential bidders for the project. Task 2 Signal Timing HMA will review the signal timing details to be provided by Willdan Associate in conjunction with the interconnect project alone National City Boulevard. HMA will make modifications in the timing charts, as appropriate, to ensure that all advantages provided by conversion to PPLT phasing will be intersection. Task 3 Brochure r=1=zor; by motorists using the HMA will provide an of the brochure prepared = r Orange County. HMA will work with the P_Public Educaoi_n Committ.= arzi^e Citv aS a consultant the _renal-ation o brochure. _he _'hiri=l design will be prepared b•_: the City ar.d -__ committee a.^.C7:M wi the draft and : ide comments as a Task 4 Educational Video Production HMA and it's subcontractor, Norfleet Video, shall prepare an initial rough draft of a script based on an outline that the City will provide. The rough draft will be reviewed by the PPLT Public Education Committee. Norfleet Video shall revise the rough draft and submit a second draft for review. After recommended changes are made, a third draft will be submitted for final approval. The video shall feature live action at actual PPLT intersections with off -camera narration along with music and sound effects. A "proof" version of the video shall be produced for final editing. An initial printing of 50 copies of the video will be provided for distribution. Additional video copies may be ordered at $2.94 each plus tax. The City reserves the right to obtain the master copy of the video at no cost. 30 APPENDIX "D" SCHEDULE OF COMPENSATION Monthly Invoices will be submitted for this project on a time and materials basis in accordance with the following fee schedule: The not -to -exceed fee for this project is $17,045.47. President/Principal $120.00 per hour Senior Traffic Engineer $88.00 per hour Senior Transportation Engineer $80.00 per hour CADD Supervisor $55.00 per hour CADD Specialist $51.00 per hour Clerical $40.00 per hour Subccnsultants will be billed at cost plus 12%. 31 APPENDIX "E" SCHEDULE OF COMPLETION Week 1 Notice to Proceed Week 2 Field Review of Angle at 30th Street and National City Boulevard Week 3 City Pro-Vides a Rough Draft of the Video Script outlines Week 4 Prepare Base Plan Obtain Signal Timing Submittal of the Draft Script for the Video Week 5 Norfleet Video Submits Second Draft for Review Meet with the PPLT Public Education Committee Week 6 Prepare Special Provisions and Final Des-^_ Conduct an Evaluation of the Current Signal Operation Week 7 Review a Draft of the Brochure Submittal of the Final Signal Timing Charts Week 8 Submittal of Third Draft for Final - prcva_ of the Video Presentation to SANTEC of the Encl_s__ Video Week 10 Submittal of the Final Video HNA will monitor the performance of t.^-c --- - ----ion after installation of PPLT and will prepare an eva of the signal operation alone with air Quality and delay st '-- - " weeks after installation. A final report will be submitted' to the C4 `v six weeks after the installation of PPLT. 32 Exhibit "F" DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONSULTANT CONTRACT REQUIREMENTS The provisions of Title 49, Part 23, Code of Federal Regulations (49 CFR 23) and the City of National City's adopted DBE Program require that Disadvantaged Business Enterprises (DBEs) have the opportunity to participate in federally -funded, transportation projects. In order to meet these requirements, the following criteria have been established: 1. Participation by Caltrans' certified DBEs as prime consultants or sub -consultants in this contract or_ A good faith effort by the prime consultant in trying to secure participation by DBEs prior to the award of this contract. Documentation of a good -faith -effort will be submitted in writing and will consist of the following: A list of the Caltrans' certified DBEs solicited b) Description of efforts to use the services of available minority community organizations: minority contractor groups: women contractor groups; and local. State. and federal minority business assistance centers in the recruitment and placement of DBEs. including name of contact. date of contact and information they provided. Identification of the portions of the work to be performed by DBEs including type of work and dollar -value. d) Documentation of good -faith negotiations between subcontractors and interested DBEs (including names and dollar -values of all bids received). Exhibit "G" TITLE 49, CODE.OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The prime Consultant, under penalty of perjury, certifies that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: Is not currently under suspension, debarment. voluntary exclusion, or determination of ineligibility by any federal agency: Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; Does not have a proposed debarment pending; and Has not been indicated, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining Consultant responsibility. For any exception noted above, indicate below to whom it applied, initiating agency, and dates of action. NOTE: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal Signing this Proposal on the signature portion thereof shall constitute signature on this Certification. Signature 34 21/ onsultant Date EXHIBIT "H" CERTIFICATION OF CONTRACTOR I HEREBY CERTIFY that I am the and duly authorized representative of the firm of H ct A- /?Ao(n le st ; scc 4� ' . whose address is *e R got F . z4N peer 141'1c14 cua `' , and that neither I nor the above firm that I represent have: LA. (446ret, 'Ft- eloG,`5r (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed. as an express or implied condition for obtaining this contract, to employ or retaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor © paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the agreement; I acknowledge that this certificate is to be furnished to the California Department of Transportation (Caltians) in connection with this agreement involving participation of Federal Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. ��t 2, / 9 9 5 35 Exhibit "I" CERTIFICATION OF CITY I HEREBY CERTIFY that I am the (.241 Q of the City of National City, and that the above contracting firm or is repr ntative has not been required, directly or indirectly as an express or implied condition in coiction with obtaining or carrying out this agreement to: (a) employ or retain, or agree to employ or retain, any firm or person; or (b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; I acknowledge that this certificate is to be furnished to the California Department of Transportation (Caltrans), in connection with this agreement involving participation of Federal Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date 36 (ffF7 , Protected/Permissive Left -Turn Phasing Program EXECUTIVE SUMMARY Introduction The purpose of the "Protected/Permissive Left -Turn Signal System Program" is to provide a document containing background information and suggested guidelines for consideration of protected/permissive left -turn (P/PLT) phasing for either existing or new traffic signals. The term "protected/permissive left -turn phasing" refers to a type of traffic signal operation that permits left -turning motorists to make left turns at an intersection, both during the green arrow, or protected portion, and the "green ball," or permissive portion, of a signal cycle_ The program study is divided into four main components: 1. A survey of local and national use of P/PLT phasing. 2. Design criteria for the installation of P/PLT phasing. I An air quality and fuel consumption analysis at four study intersections and the development of a computer analysis model. 4. Development of a public education program that will utilize public education programs to the extent possible to educate motorists in understanding P/PLT operation. The purpose of a P/PLT phasing operation is to increase the capacity and decrease the delay of both left -turning and through movements at signah7ed intersections. Since P/PLT phasing permits the left -turning motorist to complete a left turn during both the green arrow and the "green ball" portions of a P/PLT operation, this type of operation therefore increases left -turn capacity. If a technique referred to as "left -turn queue detection" is utilized, as well, the left -turn arrow at a given left -turn approach will come on if a certain number of vehicles is queued up, or waiting, in a left -turn lane. If the number of vehicles queued up in the left —ern lane is less than the minimum necessary to activate the left -turn arrow, the left -turn arrow will not come up. The queue detection feature is what increases the capacity of the through movements at an intersection utilizing a P/PLT operation. Potential disadvantages to the use of P/PLT phasing mainly involve safety issues. Motorists who are not familiar with this type of operation may be susceptible to confusion while driving through these intersections. Another safety issue involves the usage of lead/lag and lag/lead left -turn phasing operations. These particular left -turn phasing operations involve forcing one of the left - turn movements to come up after both through movements along an arterial, as opposed to the left -turn movements moving prior to the period during which both through movements move. This technique is utilized in conjunction with P/PLT phasing to maximize the quality of vehicle progression along a given street. A situation known as the "trap" (to be explained later) could occur, however, at an intersection that utilizes lead/lag or lawlead left -turn phasing techniques in conjunction with P/PLT phasing. 37 Protecteu/Permissive Left -Turn Phasing Program Motorists must understand the following issues regarding P/PLT phasing while driving through P/PLT-controlled intersections: 1. Motorists must select a safe gap in the opposing through traffic stream before completing a left turn during the "green ball" portion of P/PLT phasing. 2. Adequate sight distance must be available at a given left -turn approach in order to provide the left -turning motorist with the necessary sight distance to select a safe gap. Figure 1 illustrates various left -turn traffic signal phasing sequence patterns utiii7ed with P/PLT phasing. P/PLT Use Survey The survey of public agencies that utilize P/PLT phasing, conducted for purposes of this report, involved a total of 122 surveys mailed out to various agencies. A list of agencies was obtained from the Institute of Transportation Engineers (ITE), District 6, and the surveys were sent to agencies throughout the United States and Canada. Fifty-one of the surveyed agencies responded. The following general conclusions resulted from the survey: • P/PLT phasing appears to be widely used throughout the country. • P/PLT phasing has been found to be a useful tool. • Many agencies have used P/PLT phasing successfully for many years. • Most jurisdictions are concerned about where, not if, to utilize P/PLT operations. • 80% of the agencies that responded use guidelines to assist in determining if P/PLT phasing should be utilized at a given location. Accident history and vehicle delay are two of the primary factors considered. • About 60% of the agencies that responded changed fully protected left -turn phasing locations to P/PLT phasing. • 13 of the agencies that responded indicated that P/PLT phasing provides an adequate level of safety. • 27 of the agencies that responded use warrants that are not accident -related, including speed, number of lanes, sight distance, and number of left -turn lanes. • 88% of the agencies that responded consider delay in the use of P/PLT phasing. • 65% of the agencies that responded consider vehicle progression in the use of P/PLT phasing. • Very few (4%) of the agencies that responded conduct air quality analysis in conjunction with P/PLT phasing or consider it to be a significant issue, mainly because so few have a computerized tool to conduct such an analysis. Protected/Permissive Left -Turn Phasing Program (a) PERMISSIVE ONLY PHASING (b) LEADING (c) LAGGING PRO itt,tu/ ONLY PROTECTED ONLY PHASING PHASING V (t) LEAD/LAG PROTECTED ONLY PHASNNG (d) LF_ADING (e) LAMING PROTECTED / PERMISSIVE PROitt.itU / PERMISSIVE PHASING PHASING (g) LEAD/LAG PROTECTED / PERMISSIVE PHASING (h) DALLAS PHASING LEGEND: i PERMISSIVE LEFT —TURN PROitt.iW LEFT —TURN TRAFFIC SIGNAL LEFT -TURN PHASING OPTIONS FIGURE 1 D-two-M1.0113 39 • About 22% of the agencies that responded have utilized some form of public education. P/PLT Use in Southern California The use of P/PLT phasing is widespread throughout Southern California. Among the agencies in Southern California that have used or currently utilize P/PLT phasing operations include the Cities of San Diego, Chula Vista, Santa Ana, Tustin, Irvine, Mission Viejo, Anaheim, Huntington Beach, La Habra, and many others. The County of Orange has installed P/PLT phasing at several locations, as well. Extensive research involving P/PLT phasing has been conducted continuously over the past several years by many agencies. The studies have reviewed design issues such as signai head displays, lane orientation, operation, warrants, and accident information. Design Design guidelines are included in the report and serve as recommendations pertaining to criteria that should be followed when installing P/PLT phasing operations. The design guidelines include provisions for signal head type and placement, signing, channelization to maximize sight dis-.anc�, and special detection for left -turn queue detection use. The national sight distance criteria standard policy documented in the American Associar.on of Transportation Officials (AASHTO) "Policy on Geometric Design of Highways and Streets' is in the process of being replaced with an updated policy documented in the National Cooperative Highway Research Program (NCHRP) Report 383, which bases adequate sight distance for a given left -turn approach on a required gap time, which is a function of the required sight distance and design speed of the roadway. The required gap time varies according to the number cf opposing through lanes. Three types of signal indications are recommended and preferred in the usage of P/PLT phrasing.: the five -section "cluster" head, which is used for mast -arm mountings; the five -section h'c; which is used for far -left mountings; and the four -section head, which can be used for both far -left and mast -arm mountings at "tee" intersections and where lagging left turns are used. Operations The advantage of the P/PLT operation is to reduce delay, vehicle emissions. fuel consumption_ and driver aggravation, particularly for non -coordinated movements at signalized interseciors that are part of signal systems and for intersections with unwarranted Left -turn phasing. Caution should be used when installing P/PLT phasing so that the "trap" will not occur. The "trap" is a potentially dangerous occurrence where a motorist attempting to complete a lef_ turn during a "yellow ball" hurries to complete the turn, assuming that the opposing �u�^ movement is also receiving a yellow indication. However, the opposing through traiuc may be receiving a "green ball" indication. This situation can occur with P/PLT operations when lead/lag let} -turn phasing techniques are also utilized to maximize the efficiency of progrssion iv Protected/Permissive Left -Turn Phasing Program along arterials. To prevent the "trap" occurrence, P/PLT signal operation in coordinated syste zs is limited to simultaneous lead/lead or lag/lag operations, which are less efficient from a progression standpoint. The decision must be made whether to sacrifice safety for efficiency. The report recommends measures in the design or timing of the traffic signal to prevent the "tray" from occurring when utilizing P/PLT phasing. The "trap" cannot occur at "tee" intersectiots since there is no opposing left turn at this type of intersection to the left turn on the P/PLl approach. Therefore, the green indication for the left -turn approach, either leading or lagging, s guaranteed to terminate simultaneously with the opposing through indication. Operations criteria is provided by the report for left -turn queue detection, as well. Que= detection is established through the use of loop detectors in the left -turn lane. The placement of the queue detectors from the stop line is contingent upon the judgment of the traffic engine✓.-. Queue detection can be programmed to be activated during certain times of the day, especiaiiv during peak times when left -turn queues are expected to be heavier than normal and the protected left -turn phase is deemed necessary. During off-peak periods, Ieft-turning volumes may not be heavy enough to activate the protected left -turn phase and, therefore, queue detection is usual -v not necessary since the "green ball" may be sufficient to accommodate the left -turn volurar demand. The use of permissive lead/lag phasing with P/PLT phasing, otherwise known as "Dallas phasin;." is a technique, as previously indicated, used to maximize the quality of vehicle progression whiiie also maximizing the efficiency of the traffic signal operation. Preventive measures have been documented in the Manual on Uniform Traffic Control Devices (MUTCD) to prevent the "tra " from occurring while using lead/lag operations in conjunction with P/PLT phasing. In general, however, these techniques, such as "Dallas phasing," have been described as confusing to tine motorist, as documented in NCHRP Report 255, "Left -Turn Treatments at Intersections. " Research is currently being conducted on various approaches that can be utilized to safeiv incorporate the use of lead/lag left -turn phasing techniques in conjunction with P/PLT phasing. Air Quality Analysis An air quality and fuel consumption methodology, along with a computerized analysis tool, was developed as a requirement of this study. The air quality analysis methodology involved t to development of an emissions protocol, tailored to San Diego County usage, based on emissiers factors from the BURDEN7G model distributed by the California Air Resources Board (ARE) and a fleet mixture representative of San Diego County comprised of 17 vehicle types based on DMV records and projections. The emissions program that was developed utilizes approach speed, link distance, year, number of stopped vehicles, total vehicles, stop delay, and acceleration and deceleration rates as input. The program estimates vehicle emissions in terms of react .'e organic gases (ROG), carbon monoxide (CO), and nitrous oxide (NOx) for four phases vehicular travel: constant velocity, deceleration, idling, and acceleration. The fuel consumption component of the model utilizes the fuel consumption model used by the TRAffic Network Stud-17 Tool (TRANSYT-7F). Once the emissions and fuel consumption model was developed, an air quality analysis • s performed on four study intersections selected by the SANTEC Committee. The analysis was conducted on a.m. and p.m. peak -hour traffic volume data provided by the agencies and yieidzd v ProtecteWPerrrussive Lett -Turn Phasing Program the following maximum estimated peak -hour emissions reductions at the study intersections as a result of P/PLT phasing vs. fully protected left-turn_phasing: 9.5%, 30.0%, 24.8%, and 46.4%. Therefore, it was concluded that P/PLT phasing does, in fact, generate fewer vehicle emissions than a fully protected left -turn phasing operation —in this instance, up to 46.4% fewer. Comparative analyses of fue! consumption and delay savings at the study intersections were also conducted under fully protected versus protected/permissive left -turn phasing. The results of these analyses indicated that up to a 50% reduction in overall intersection delay and 21.8% in fuel savings could be achieved through the use of P/PLT phasing versus fully protected left -turn phasing during peak hours Public Education Program The public education survey was incorporated with the P/PLT usage survey. Eleven of the fifty- one agencies that responded indicated that they have implemented some type of traffic signal operation education program. Various methods are used by these agencies to reach the public through these programs, including newspapers, cable television broadcasts, public meetings, publicity, water bill and paycheck inserts, and supplementary signage at intersections. At the beginning of this program development project, a meeting involving the key stakeholders (project team members and representatives of various key San Diego County agencies) was held_ The meeting attendees established a list of obstacles to successfully educating the driving public on the use of P/PLT phasing and drafted a list of benefits that P/PLT phasing has to offer, as well_ The meeting also produced the following conclusions regarding public education on P/PLT phasing: 1. Develop quantifiable education objectives. 2. A strategic approach is preferable to hit-or-miss tactics. 3. P/PLT phasing is an anomaly for San Diego residents (San Marcos incident). 4. Communicate simply and in terms easily understood by the "lay" public (i.e., "energy -saving signal" instead of "P/PLT phasing"). Education efforts should be targeted primarily at new and existing drivers, bus drivers, senior drivers, public officials, local residents, and regional commuters. The following objectives of a P/PLT phasing education program were identified: • No significant increase in accident rates. • Increased levels of driver awareness and understanding of P/PLT phasing. • No significant increase in citations. • Low numbers of complaints from drivers to agency. vi Protected/Permissive Left -Turn Phasing Program In addition, the following possible strategies pertaining to a P/PLT phasing program were identified: • Develop an education brochure and video: • Include aspects of P/PLT phasing in the DMV handbook. • Generate County -wide media exposure. • Obtain support from key stakeholders. • Inform the public prior to P/PLT phasing installation at a given location. • Record the license plate numbers of motorists who commit infractions at P/PLT- controlled intersections with a special camera and then mail educational materials to these motorists. • Coordinate with Asian and Latino communities to reach the non -English-speaking driving public. The cost range of implementing a comprehensive P/PLT phasing education program is $75,000- $100,000. vii y3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 6, 1998 AGENDA ITEM NO. 4 ITEM TITLE RESOLUTION ACCEPTING THE CONVEYANCE, RENAMING, AND1 AUTHORIZING THE RECORDATION OF TWO GRANT DEEDS FOR STREET RIGHT-OF-WAY AT THE NORTHEAST CORNER OF 8TH STREET AND HARBISON AVENUE (A.P.N. 554-180-04) PREPARED BY Din Daneshfar DEPARTMENT Engineering EXPLANATION. Mr. Gary R. Bell, the current acting Sole Trustee of the property which is located at the northeast corner of 8th Street and Harbison Avenue has offered to the City Grant Deeds for the following uses (see attached legal descriptions and plats. 1 A Grant Deed for street purposes which includes the installation of sidewalk and pedestrian ramp on the northeast corner of 8th Street and Harbison Avenue in conjunction with the City's Traffic Signal upgrading project. A Grant Deed for a temporary construction easement. This resolution will also rename the dedicated parcel of land as, 8th Street and Harbison Avenue. It is recommended that the grand deeds be accepted and returned to the Engineering Department for recording. Environmental Review x N/A Financial Statement N/A Account No. TAFF RECOMMENDATION Adopt the Resoluti BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2 Grant Deeds 3 Plats Resolution No 98-132 `to A -too (Re', . "IC' RESOLUTION NO 98-132 RESOLUTION OF 1'Hr. CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A CONVEYANCE OF REAL PROPERTY, DIRECTING THE RECORDATION OF A GRANT DEED, AND DEDICATING AND RENAMING A PARCEL OF REAL PROPERTY FOR STREET PURPOSES, AND ACCEPTING A CONVEYANCE OF REAL PROPERTY AND DIRECTING THE RECORDATION OF A GRANT DEED FOR A TEMPORARY CONSTRUCTION EASEMENT BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument conveying an interest in real estate to the City of National City: GRANT DEED dated September 18, 1998 from Gary R. Bell. BE IT FURTHP:K RESOLVED as follows: 1. That the real property described in Exhibit "A", and shown on the Plat marked Exhibit "B", was conveyed to the City of National City for street purposes. 2. That the City of National City desires that said property be dedicated for public street purposes. 3. That the described parcel of land shall henceforth be known as 8th Street and Harbison Avenue. BE IT FURTHER RESOLVED that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument conveying an interest in real estate to the City of National City: GRANT DEED dated September 18, 1998 from Gary R. Bell. Resolution No 98-132 October 6, 1998 Page Two BE IT FURTHER RESOLVED that the real property described in Exhibit "C", and shown on the Plat marked Exhibit "D" was conveyed to the City of National City for a temporary construction easement. PASSED and ADOYIEL) this 6th day of October, 1998. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: ,) gaL ar George H. ser, III, City Attorney RECC:.DING REQUESTED BY '..,1. x CITY OF NATIONAL CITY 'N 554-180-04 CITY OF ENAA 'IONAi. L ITY " ENGINEERING DEPARTMENT ro. 1243 NATIONAL CITY BOULEVA �Zv NATIONAL CITY, CA 91950 I_ ATTN: CITY CLERK _it Grant Deed SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned Grantor(s) declare(s): Documentary transfer tax is S ( ] computed on full value of property conveyed, or 1 computed on full value less value of liens and encumbrances rerwininc ar time of sale. [ ] Unincorporated area: [ ] City of [ ] Realty not sold. FOR A VALUABLE CONSIDEF.ATION, receipt of which is hereby acknowledzed. GARY R. BELL AS TRUSTEE OF THE TESTAMENTARY TRUST UNDER THE LAST WILL AND TESTAMENT OF ROBERT C. BELL, DECEASED. hereby GRANT(S) to CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION ORGANIZED tz UNDER THE LAWS OF STATE OF CALIFORNIA that property in CITY OF NATIONAL CITY, SAN DIEGO County, State of California, described as: A TEMPORARY CONSTRUCTION PART HEREOF. (SAID TEMPORARY EASEMENT OF THE COMPLETION OF THE Mail tax statements to CONSTRUCTION PROJECT) Date , ao, STATE OF CALIFORNIA County of o,-, or. } ss. On September 18 , 1S98 before me, the undersigned, a Notary Public in and for said State. personally appeared Gary R- Bell personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that 0-his/her/their signatures) on the instrument the petsoir(s); or the entity upon behalf of which the person(s) amed4.xecuted the instrument WITNESS rand and otM:tra;.sezi' Notary Public in and for said ConEr and ts---� (Notary a name must be typed or legibly pruned) J ;,OTBS=nONG gi ;p C.: �•��-__ tc, conmslop oxelres J,;{Ji.P,Y 31. 2001 !NOTARY STAMP OR SF.ALI EASEMENT, SEE "EXHIBIT C" ATTACHED AND MADE A IS TO BE TERMINATED ONE YEAR AFTER THE ACCEPTANCE`- s 0 s U JRT 151 1L961 MAIL TAX STATEMENTS AS DIREC it.D ABOVE EXHIBIT "A" STREET EASEMENT A.P.N. 554-180-04 THE SOUTHWEST CORNER OF THE FOLLOWING DESCRIBED PARCEL AS SUBTENDED TO BY A 10-FOOT RADIUS ARC CONCAVE TO THE NORTHEAST AND TANGENT TO BOTH THE WEST LINE AND THE SOUTH LNG E OF THE FOLLOWING DESCRIBED PARCEL. ALL THAT PORTION OF THE SOUTHEASTERLY QUARTER OF QUARTER SECTION 105 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAINT DIEGO COUNTY DESCRIBED AS FOLLOWS: COti1v1ENCING AT THE SOUTHEASTERLY CORNER OF SAS QUARTER SECTION 105; THENCE ALONG THE SOUTHERLY LINE SOUTH 71° WEST 185 FEET; THENCE NORTH 19° WEST 40 FEET TO TIE TRUE POINT OF BEGINiNG; THENCE NORTH 19° WEST 65 FEET THENCE SOUTH 71° WEST 115 FEET THENCE SOUTH 19° EAST 65 FEET; THENCE NORTH 71° EAST 115 FEET TO THE TRUE POINT OF BEGINNING. NAT L C=ti GR. DE.PT. No. % 9 38 Cr+�c�yC -rrrL iNS• Cs.. REF. cri 4:7'2. BY (.-;,,(. DATE IZ/3 (17 C D _22S DATE /2/37 /y7CKD DATE / A EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT A.P.N. 554-180-04 ALL THAT PORTION OF THE SOUTHEASTERLY QUARTER OF QUARTER SECTION 105 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID QUARTER SECTION 105; THENCE ALONG THE SOUTHERLY LINE SOUTH 71° WEST 185 FEET; THENCE NORTH " 9°'WEST 40 FEETTO' IHE TRUE-POINT'OF'BEGINNING; THENCE NORTH 19° WEST 65 FEET THENCE SOUTH 71° WEST 115 FEET THENCE SOUTH 19° EAST 65 FEET; THENCE NORTH 71° EAST 115 FEET TO THE TRUE POINT OF BEGINNING. NAIL CITY ENCR. DEPT. No. 694c CHICAGC TtTLZ MS. Co. R811.4 9103o2S BY Cs;7-1. DATE 2/2 /98 C Oz5 DATE 7 Jzl46 =l / DATE �//;�19.Y I '3013a' I � a RL C.ET:; Pc. RIGHT OF WAY_/ EASEMENT SEE DETAIL BELOW PL .so I30' 4 RL 30'30" Lil PL RL A.SESSORS' PARCEL NUMBER: 554-180-04 1115' ze 0 e 40' RL Z O Ln 40' 40' Pt. PL Q 2 Q R=10• I45' A.}30••30' SE COR S OSEc l o:, (POINT OF BEGINNING) rL s e (TRUE POINT OF BEGINNING) FOR TEMPORARY / CQiVY l i' C/IO EASEMENT I� i r 1 /r/L //fir L/Y / / i� DA 7 OF 5✓z- " I LI I 7 5 ' ; = 7 ' L= 75.71 :J- r, _ i, I , I ..;. l wr :/:/1998 , City of National City, California COUNCIL AGENDA STATEMENT OCTOBER 6, 1998 MEETING DATE EADNLE'OR A 20-FOOT WIDE AND A 10-FOOT WIDE OF THE VACATED TAFT STREET AND WILSON AVENUE NAVY PREPARED BY CAMERON BERKUTI AGENDA ITEM NO. 5 ING SEWER EASEMENTS ON A PORTION FROM THE DEPARTMENT OF THE DEPARTMENT ENGINEERING EXPLANATION. On June 7, 1998 the City Council approved a quitclaim deed for the transfer of a 10-foot wide sewer easement which was located in the vacated portion of Wilson Avenue between 7th and 8th Streets to the U.S. Navy. In return for quitclaiming the sewer easement, the Navy is conveying to the City a 20-foot wide sewer easement within the vacated portion of Taft Street (west of the MTDB railroad tracks) from the extension of 11th Street to 8th Street, as shown on Exhibit A of the Grant of Easement, and a 10-foot wide sewer easement along the west side of vacated portion of Wilson Avenue, north of 8th Street (East of MTDB railroad tracks) as shown on Exhibit "B" of the Grant of Easement. Environmental Review Financial Statement N/A STAFF RECOMMENDATIO 1. Adopt the Reso ution X NJA 2. Direct the City Clerk to record the executed triplicated copies of the grant of easement and mail two recorded copies to the Department of the Navy. BOARD/COMMISSION RECOMMENDATION Account No. N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Three copies of Grant of Easement Resolution No 98-133 RESOLUTION NO. 98-133 RESOLUTION OF THE CITY COUNCIL OF ME CITY OF NATIONAL CITY ACCEPTING A GRANT OF EASEMENT FOR A 20-FOOT WIDE AND A 10-FOOT WIDE SEWER EASEMENT ON A PORTION OF THE VACATED TAFT STREET AND WILSON AVENUE FROM ME UNITED STATES OF AMERICA BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 70-83, the City Clerk is hereby authorized to execute a certificate of acceptance for and record a Grant of Easement dated August 21, 1998 from the United States of America for a 20-foot wide and a 10-foot wide sewer easement on a portion of the vacated Taft Street and Wilson Avenue. Said Grant of Easement is attached hereto as Exhibit "A". PASSED and ADOPI'IW this 6th day of October, 1998. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: got George H. Eiser, III, City Attorney DEPARTMENT OF THE NAVY SOUTH BAY AREA FOCUS TEAM SOUTHWEST DIVISION NAVAL FACILITIES ENGINEERING COMMAND 2585 CALLAGAN HWY, BLDG 99 SAN DIEGO. CALIFORNIA 92136-5198 MR CAMERON BERKUTI CITY OF NATIONAL CITY ENGINEERING DEPARTMENT 1243 NATIONAL CITY BOULEVARD NATIONAL CITY CA 91950 Dear Mr. Berkuti: 11011 Ser 543EE/363 '2'1 dG' P CITY OF NATIONAL CITY ENGINEERING DEPT. RECEIVED BY- Enclosure (1) is a duplicate original Quitclaim Deed for the abandoned sewer line along Wilson Street (between 7th and 8th Streets). Enclosure (2) are three copies of the Grant of Easement for the sewer line along Taft Avenue, between 8th and 11`h Streets. Please have an authorized official sign and record all three copies of the easement and return two of them to our office. If you have any questions, please contact Ms. Esther Ewell, Realty Specialist, at 556- 9626. Enclosures: 1. Quitclaim Deed 2. Grant of Easement Copy to: CO NAVSTA San Diego (41.3) Sincerely, KAREN P. RINGEL Real Estate Contracting Officer Recording Requested by and When Recorded Mail to: Southwest Division Naval Facilities Engineering Command 1220 Pacific Highway San Diego. CA 92132-5179 EXEMPT FROM RECORDING FEE (Government Code § 6103) EXEMPT FROM DOCUMENTARY TRANSFER TAX (Rev. & Taxation Code § 1 1922) GRANT OF EASEMENT THIS INDENTURE, made the ? day of A , 19 between the UNITED STATES OF AMERICA, hereinafter referred'to as the "Government." acting through the Department of the Navy, and the City of NATIONAL CITY, hereinafter referred to as the "Grantee." WHEREAS, the Grantee has requested an easement for a 15" sewer pipeline under that portion of the STATION hereinafter described; and WHEREAS, the Secretary of the Navy has found that the grant of such easement on the terms and conditions hereinafter stated is not incompatible with the public interest: NOW THEREFORE. this indenture witnesseth that, in consideration of Grantee executing a QUITCLAIM DEED this day on a vacated sewer pipeline area at Wilson Avenue in the Station, quitclaiming certain sewer pipeline area use to the Government the Government hereby grants to said Grantee and its successors and assigns, in perpetuity, an easement for the construction, installation, operation, maintenance, repair and replacement of a sewer pipeline, such easement being under that portion of the Station, herein called the Premises. and described as follows: State of California, City and County of San Diego. PARCEL I (TAFT AVENUE) A portion of vacated Taft Avenue, as shown on Map of National City, according to Map No. 348 recorded October 2, 1882 in the Recorders Office of San Diego County. San Diego. California; and also of Record of Survey, Map No. 1029, recorded October 28. 1942 in the said Office of the County Recorder, described as follows: A strip of land 20 feet wide lying 10 feet on each side of the following described line: N6871 198RPO8Q16 Beginning at the southeast corner of 8th Street and Taft Avenue as shown on said Map No. 348, said point being also the northeast corner of Area "E" said Map No. 1029, thence southwesterly along the northerly line of said Map No. 1029 to the centerline of said vacated Taft Avenue; thence southeasterly along the centerline of said vacated Taft Avenue to the intersection with the centerline of vacated 11th Street. said Map No. 1029, the terminus of said 20 foot strip of land, Parcel is 950.30 feet in length and contains an area of 0.436 acre. PARCEL II (WILSON AVENUE) A 10 foot easement for sewer purposes in Block 185 and in vacated Wilson Avenue and in vacated 7th Street, as shown on map of National City Map No. 348, recorded October 2, 1882, in the Recorder's Office of San Diego County, San Diego, California; the centerline more particularly described as follows: Beginning at the southeast corner of Block 186, said Map No. 348, said point also being the most southwesterly point of Record of Survey Map No. 1012, recorded June 15, 1942, in the said Recorder's Office, thence North 71°34'48" East along the Southerly line of said Map 1012 a distance of 40 feet to an angle point, said point being the centerline of said vacated Wilson Avenue; thence South 18°24'00" East along said centerline a distance of 40 feet to the centerline of said vacated 7th Street, thence leaving said centerline North 88°14'20" West a distance of 10.24 feet: the TRUE POINT OF BEGINNING; thence South 02°45'03" West a distance of 241.80 feet; thence South 60°25'12" East 91.00 feet more or less to the Government property line. The sides of said 10 foot easement being 5 feet at right angles to the described centerline and parallel with and lengthened or shortened to terminate in the intersecting easement lines and/or the Southerly line of said Block 185. Parcel is 332.80 feet more or less in length and contains an area of 0.076 acres, more or less. Said Parcels I and II are shown on drawings marked Exhibits "A" and "B," respectively, attached hereto and made a part hereof. THIS EASEMENT is granted subject to the following terms and conditions: 1. All work in connection with the construction, installation, operation, maintenance, repair. and replacement of the sewer pipeline shall be done without cost or expense to the Government, and in accordance with plans previously approved by the Commander of Southwest Division, Naval Facilities Engineering Command. 2. The Grantee shall maintain the Premises, and the sewer pipeline in good condition at all times, and shall promptly make all repairs thereto that may be necessary N6871 198R?08Q 16 for the preservation of the condition of the Premises and the continued operation and maintenance of the sewer pipeline. 3. The Grantee's rights hereunder shall be subject to such reasonable rules and regulations as may be prescribed by the Government to assure that the exercise of such rights will not interfere with Government activities at the Station. 4. Upon the termination of this easement, the Grantee, at its expense, shall remove, to the extent requested by the Government, improvements installed or constructed hereunder, and shall restore the Premises to the same or as good a condition as that which existed prior to the exercise by the Grantee of its rights hereunder. Such restoration shall be done in a manner satisfactory to the Commander of the Southwest Division, Naval Facilities Engineering Command. 5. If at any future time, the Government determines that the sewer pipeline, or any portion thereof, unduly interferes with any of its activities, it shall have the right to terminate this easement, in whole or in part, to the extent necessary to eliminate such interference; PROVIDED THAT, unless the Government shall have determined ills, - relocation is not feasible, it shall convey to the Grantee, without charge, a substitute easement permitting the Grantee to relocate the sewer pipeline, or portion thereof, on adjacent Government property, at the Grantee's cost and expense. The substitute easement shall contain the same terms and conditions as those of this easement_. and shall bear the same expiration date, if any. 6. All or part of this easement may be terminated upon failure by the Grantee to comply with any of its terms and conditions; upon abandonment of the rights granted herein; or upon non-use of such rights for a period of two consecutive years. 7. The Government may use the Premises of this easement for any purpose that does not unreasonably interfere with the use and enjoyment by the Grantee of the rights granted by this easement. 8. In all sewer pipeline operations, the Grantee agrees to restore the perimeter security of the Station to prevent trespassing, possible theft or damage. Adequate and suitable barricades, flashers and safety equipment must be erected at the excavation sites for personnel protection. 9. All excavated materials will be stored and disposed of as directed by the Staff Civil Engineer of the Station or his or her designated representative. 10. Grantee releases, remits and forever discharges the Government, officers. employees, and agents of and from any and all claims, causes of action, injuries. damages. and demands whatsoever in law or in equity arising out of, or connected with. Grantee's construction upon and use of the Premises. Grantee agrees to indemnify and hold harmless the United States of America against all fines, claims, damages, lawsuits. N6871 198RP08Q 16 judgments, and expenses arising out of or from any omission or activity in connection with activities under this easement. 11. Grantee and its officers, employees, agents, and contractors shall comply with all applicable federal, state and local environmental, ha7nrdous material, occupational safety and health laws, regulations, and ordinances that are or may become applicable to grantee's activities on the Premises. Grantee shall be solely responsible for any and all fines, penalties, and enforcement actions instituted under said laws and regulations. IN WITNESS WHEREOF, the Government, acting through the Department of the Navy, has caused this instrument to be executed the day and year written first above. / /1 7 BY: ,gA-,( (. KAREN P. RINGEL Real Estate Contracting Officer Southwest Division Naval Facilities Engineering Command Accepted By: STATE OF CALIFORNIA ) ) ss COUNTY ��O F SAN DIEGO) On �O- �i -"lnnS before me, tr:5t-ir1.r;v" f Ewd( a Notary Public, personally appeared P, j2 I n Ue,l , personally known to me or pFeved t me on the basis of ga*isfa,.* e"ielencc to be the persot7(}i) whose nameCal is/ere-subscribed to the within instrument and acknowledged to me that hefshei.the+s executed the same in ltisrherhheir authorized capacity(iesj, and that by his/her/their signature() on the instrument the person04 or the entity upon behalf of which the person(* acted, executed the instrument. WITNESS my hand and official seal. ESTHER P. EWEtL COMM.* 1039649 Notary Public — California SAN DIEGO COUNTY Comm. 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Z ace-37-4-1 -- 290,00' NATIONAL CITY MAP NO. 348 n) AVE. =�0 s 11/R'2U1 ki (1-7.4ir i0rz) WIL•501.1 A\E. 0 1; - Li EXHIBIT r City of National City, California COUNCIL AGENDA STATEMENT October 6, 1998 MEETING DATE AGENDA ITEM NO. 6 // ATE} �E RESOLUTION AU'1'HURIGINU THE MAYOR '1'U SIGN MODIFICATION NO. TWO /(G` E�R1T LICENSE N6871192RP02P28)WITH THE DEPARTMENT OF THE NAVY, AUTHORIZING' THE CITY THE NON-EXCLUSIVE USE OF APPROXIMATELY 0.1 ACRES OF LAND ON THE NORTH SIDE OF 8TH STREET BETWEEN HARBOR DRIVE AND THE TROLLEY TRACKS PREPARED BY CAMERON BERKUTI DEPARTMENT ENGINEERING EXPLANATION. In November 20, 1991 the City entered into a five-year term (November 1, 1991- October 31, 1996) license agreement with the Department of the Navy for the non- exclusive use of a 10-foot wide strip of land (approximately 0.1 acres) on the north side of 8th Street between Harbor Drive and the trolley tracks for a bus stop and landscaping purposes(Attachment A and Exhibits A & B) In October 1996 the City signed Modification No. 1 to the license agreement for the continued non-exclusive use of the property for an indefinite term, beginning November 1, 1996. However, the Department of the Navy has changed its policy and they are authorizing only five-year term rather than indefinite term agreements. Therefore, this Modification No. 2 (Attachment B) is to change the term of the license agreement to five year from September 1, 1998 to August 31, 2003. Environmental Review Financial Statement N/A STAFF RECOMMENDATION 1. Adopt the Resolution 2 Direct the City Clerk to mail all three copies of the Modification No. 2 To the Department of the Navy along with the City's Certificate of Insurance. BOARD/COMMISSION RECOMMENDATION N/A X N/A Account No ATTACHMENTS ( Listed Below) 1. Resolution 2. Attachment A - Modification No. 2 along with a cover letter 3. Attachment B - Original Agreement Resolution No 98-134 A-200 (Q2.' oia-. RESOLUTION NO. 98-134 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE MODIFICATION NO. TWO, (GOVERNMENT LICENSE N6871192RP02P28) WITH THE DEPARTMENT OF THE NAVY, AUTHORIZING THE CITY THE NON-EXCLUSIVE USE OF APPROXIMATELY 0.1 ACRES OF LAND ON THE NORTH SIDE OF 8T" STREET BETWEEN HARBOR DRIVE AND THE TROLLEY TRACKS WHEREAS, on November 20, 1991 the City entered into a five- year term (November 1, 1991-October 31, 1996) license agreement with the Department of the Navy for the non-exclusive use of a 10-foot wide strip of land (approximately 0.1 acres) on the north side of 8th Street between Harbor Drive and the trolley tracks for a bus stop and landscaping purposes; and WHEREAS, in October 1996 the City signed Modification No. 1 to the license agreement for the continued non-exclusive use of the property for an indefinite term, beginning November 1, 1996; and WHEREAS, the Department of the Navy has changed its policy and is authorizing only five-year term rather than indefinite term agreements; and WHEREAS, Modification No. 2 has been proposed to change the term of the license agreement to five year from September 1, 1998 tc August 31, 2003. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute Modification No. Two, (Government License N6871192RP02P28) with the Department of the Navy, authorizing the City the non-exclusive use of approximately 0.1 acres of land on the north side of 8th Street between Harbor Drive and the trolley tracks. Said document is on file in the office of the City Clerk. Resolution No. 98-134 Page 2 of 2 PASSED and ADOPTED this 6th day of October, 1998. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Attachment A DEPARTMENT OF THE NAVY SOUTH BAY AREA FOCUS TEAM SOUTHWEST DIVISION NAVAL FACILITIES ENGINEERING COMMAND 2585 CALLAGAN HWY. BLDG 99 SAN DIEGO. CALIFORNIA 92135-5198 MR CAMERON BERKUTI CITY OF NATIONAL CITY 1234 NATIONAL CITY BOULEVARD NATIONAL CITY CA 91950 CITY OF NATIOPtAL CITY ENGINEERING DEPT. K (") 9, :> L 1c _I Dat By... 11011 Ser 543EE!377 21 A' Inr r? ..JV Dear Mr. Berkuti: In October 1996. your agency received Modification One to Government License N6871 192RP02P28 for its continued non-exclusive use of approximately 0.10 acres between Harbor Drive and the 8111 St eet Trolley stop. The modification changed the term of the original license agreement to an indefinite term. beginning November I. 1996. A change in policy states that unless Assistant Secretary of the Navy approval is obtained. all real estate agreements will be issued for five years at a time. Our office has been instructed to modify all "indefinite term" licenses to reflect this new policy. We are therefore enclosing Modification Two to Government License N6871192RP02P28. which will authorize your agency's continued non-exclusive use of this property for five years: from September L 1998. to August 31, 2003. Please sign. date and return all threes of the proposed modification. A fully executed duplicate original signed on behalf of the Department of the Navy will be returned for your records. Article 9 of the license requires the licensee to provide current proof of insurance. Please comply with the requirements of the enclosed Self -Insurance Requirements Form. The certificate must reference the government facilit. zovered and the specific license number. Documents will not be signed until ail the insurance requirements are met. If you have any questions regarding this matter. please contact Ms. Esther Ewell. Realty Specialist. at : _ 6- 9626. Sincerely. i KAREN P. RINGEL Real Estate Contracting Officer Enclosure: (1) Proposed Modit7 -cation Two N6871 192RP02P28 (3 copies) (2) Self -Insurance Requirements Form Copy to: CO NAVSTA San Diego (41.3) MENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT CONTRACT ID CODE PAGE _F PAGES - N6871192RPC2P28 AMENDMENT/MODIFICATION NC. Two (2) 3. crrt).,TIVE DATE SEPT 1998 4. REQUISITION/PURCHASE REO. NO. 5. PROJECT NC fu aou:caole: SSUED BY CODE SOUTHWEST DIVISION NAVAL FACILITIES ENGINEERING COMMAND REAL ESTATE DEPARTMENT 1220 PACIFIC HIGHWAY SAN DIEGO. CA 92132-5179 543.EE 7. ADMINISTERED BY (If other man item 6) CODE JAME AND ADDRESS OF CONTRACTOR (No.. street. county, State and z'PCooe) CITY OF NATIONAL CITY 1234 NATIONAL CITY BLVD NATIONAL CITY CA 91950 EXP: 31 AUG 2003 9A. AMENDMENT OF SOLICITATION NO. 9B. DATED (SEE ITEM 11) DE NAVSTA SD 10A. MODIFICATION OF CONTRACT/ORDER NC. N6871192RP02P28 FACILITY CODE N00245 108. DATED (SEE ITEM 13) 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers L is extended, 0 is not extended. .irs must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: 3y comoietinQc�ltems 8 and 15, and returning copies of the amendment (b) By acknowledging receipt of this amendment on each copy cf the offer •.mitted: Or (c)-Bv separate letter or telecram w is 1 Includes a reference of to the solicitation and numbers. FAILURE OF YOUR <NOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED ' RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such chance may be mace cy Cram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received poor to the opening ncur and date tcified. ACCOUNTING AND APPROPRIATION DATA prreguired) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIED THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (SoectNauthority) THE CHANGES SET FORTH IN ITEM 14ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (sucnas changes:n cay:ng o=ce aoerocnaoon date, etc. i SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modification and authority) BY MUTUAL AGREEMENT OF BOTH PARTIES. IPORTANT: Contractor 0 is not. is required to sign this document and return a copies to the issuinc office. 2ESCRIP ION OF AMENDMENT/MODIFICATION (Organized cyUC: sectionneadings.incluotngsottctrancm:tontrectsuotectmatterWoe'sreasrote.) THE INTENT OF THIS MODIFICATION :S TO MAKE THE FOLLOWING CHANGE: 1. ITEM 2 OF THE LICENSE IS HEREBY AMENDED BY DELETING THEREFROM THE DATE "INDEFINITE" AND INSERTING IN PLACE THEREOF "31 AUGUST 2203.- ALL OTHER TERMS AND CONDITIONS CF THE LICENSE REMAIN UNCHANGED. = r as crov,aec rerernall terms and conditions or r,e document referenced rn item 9A cc 'CA. as nereroicre changedremains uncnancec and m full force and effect. NAME AND TITLE OF SIGNER (T•ce orannt) 16A. NAME AND TITLE CF CONTRACTING OFFICER r".'yoe orcnrp KAREN P. RINGEL Real Estate Ccr, acme C4cer CONTRACTOR/OFFEROR - onature of Person Authorized to Sc" 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA BY (Signature of C.ncacnng Officer) 16C. DATE SIGNED STANDARD FORM 30 RE- C-c3, I NSTR UCTIONS Instructions for items other than tr:ose that are self-explanatory, are as foilcws: Item 1 (Contract ID Code). Insert the contract type identification code that appears in the title block of the contract being modified. Item 3 (Effective date). (1) For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change. (2) For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties. (3) For a modification issued as an initial or confirm- ing notice of termination for the convenience of the Government, the effective date and the modi- fication .number of the confirming notice shall be the same as the effective date and modification number of the initial notice. (4) For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default. 5) For a modification confirming the contracting officer's determination of the amount due in settlement of a contract termination, the effec- tive date shall be the same as the effective date or the initial decision. tern 6 (Issued By). Insert the name and address of he issuing office. If applicable, insert the appropriate ssuing office code in the code block. tern 8 (Name and Address of Contractor). For meci- ications.to a contract or order, enter the contractor's tame, address, and code as shown in the original con- ract or order, unless changed by this or a previous nodification. tems 9, (Amendment of Solicitation No. —Dated). ind 10, (Modification of Contract/Order No. — Dated). Check the appropriate box and in the corres- onding blanks insert the number and date of the 'riginal solicitation, contract, or order. tern 12 (Accountinc and Appropriation Data). When .ppropriate, indicate the impact of the modification n each affected accounting classification by inserting ne of the following entries: 1) Accounting classification Net increase $ (2) Accounting classification Net decrease S NOTE: If there are changes :o multiple account: : classifications that cannot be placed in block insert an asterisk and the words "See continuator sheet". (g) Item 13. Check the appropriate box to indicate type of modification. Insert in the correscondi-_ blank the authority under whicn the modification s issued. Check whether or not contractor must s - this document. (See FAR 43.103.) (h) Item 14 (Description of Amendment/Modification). (1) Organize amendments or modifications under appropriate Uniform Contract Format (UCF section headincs from the applicable solicitation or contract. The UCF table of contents, howev= . shall not be set forth in this document. (2) Indicate the impact of :ne modification on t-= overall total contract price by inserting one of _ following entries: (i) Total contract price `nc -=�a^ ^y S (ii) Total contract price c)... concd cv S (iii) Total contract price _..chanced. (3) State reason for m.ocificat on. (4) When removin reinstat.nc, or adding fund identify the contract items anc _•nt. _ .a c - fications. (5) When the SF 3C is used tc-ef'eot c de:erm,ina:'_- by the contracting officer :he amount cue - settlement of a contract terminated 'or con- venience of the Covemmen:, me entry. In item. of the modification may be united t., — (i) A reference to the eter- at,.on; ac. CO A statement of the e:.moon Caterm: ec to be due En settlement of :ne contract. (6) Include subject matter or snort itie of solic t_- tion/contract wnere feasib e. (i) Item 16B. The contacting _er's = nature is -_t required on solici.at cn amencnents. -The contract -_ officer's sicnature is normally affixes as: on succ mental acreements. U.S. GTO : 198 7 0 - 173-488 .3- :NDARD 9-2FM 30 =ACK MENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE N6871192RPC2P28 PAGE __ =AGES AMENDMENT/MCDIF CATION NC. Two (2) 3. crrE IVE DATE 1SEPT 1998 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. 'lac..—e, SSUED BY CODE SOUTHWEST DIVISION NAVAL FACILITIES ENGINEERING COMMAND REAL ESTATE DEPARTMENT 1220 PACIFIC HIGHWAY SAN DIEGO, CA 92132-5179 543.EE 7. ADMINISTERED BY (if otj,er than its,,, ) CODE `JAME AND ADDRESS OF CONTRACTOR (No, street county, State and LP Code) CITY OF NATIONAL CITY 1234 NATIONAL CITY 3LVD NATIONAL CITY CA 31950 EX?: 31 AUG 2003 9A. AMENDMENT OF SOLICITATION NC 98. DATED (SEE ITEM 11) DE NAVSTA SD 10A. MODIFICATION OF CONTRACT/CR== NO. N6871192RP02P28 ' FACILITY CODE N00245 105. DATED (SEE ITEM 13) 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers 0 is extended, 0 is not ext--c .rs must acknowiedge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following metho=. By combletingjtems 8 and 15. and returning copies of the amendment (b) By acknowledging receipt of this amendment on each copy of the cff- ' rnl[ted; or fc Sv separate letter or telegram w tT'ITincludes a reverence or to the solicitation ano amendment numoers. FAILURE OF YOUR KNOWL=_ GEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE CIFIED RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer aireaav submitted, such change may oe 7-ace by gram or letter, prowdeo eacn telegram or letter makes reverence to the solicitation and this amendment, and is received pnor to the opening hour anc .tilled. ACCOUNTING AND APPROPRIATION DATA (If required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIED THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 1d ARE MADE IN THE CON-_=C T ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (sucn as changes in payrrg __— approona'on care arc : SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER ;Sceciy type of modinoation and authority) BY MUTUAL AGREEMENT OF BOTH PARTIES. .1PORTANT: Ccntrac:cr ❑ is not. El is required to sign this document and return 3 copies to the issuing office. DESCRIPTION C.F. AMEN C M EN i :MODIFICATION (Organized by UCF section neadmgs. including sonerratron/cenvac: suorecr -are, ,mere feasroie ) THE INTENT OF THIS MCDIFiCATION IS TO MAKE THE FOLLOWING CHANGE: ITEM 2 OF THE LICENSE IS HERESY AMENDED BY DELETING THEREFROM THE DATE "INDEFINITE" AND INSERTING IN PLACE THEREOF •'31 AUGUST- ==." >LL OTHER TERMS ANC CONDITIONS 3F THE LICENSE REMAIN UNCHANGED. as oroweec ne ern au :er—s and 'onomons o ne. document referenced in Item 9A cr 10A. as neretcfcre cnanged. remains uncnaneea anc :r fall face and effect. NAME. ANC TITLE OF SIGNER T:xaonnt) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type cronnr' KAREN P. RINGEL Real Estate Ccntraccr.c C`ficer CONTRA.- . 0:-.t.Cr-c-CR 15C. DATE SIGNED 165. UNITED STATES OF AMERICA BY 16C. DATE _ _ QED (Sgnature of =e9scn 4,:.77aeec :o Sr. (Signature of Contract :rg Cf.`re- STANDARD FORM 30 E. '0-83) INSTRUCTIONS Instructions for items other than those that are self-explanatory, are as follows: Item 1 (Contract ID Code). Insert the contract type identification code that appears in the title block of the contract being modified. Item 3 (Effective date). (1) For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change. (2) For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties. (3) For a modification issued as an initial or confirm- ing notice of termination for the convenience of the Government, the effective date and the modi- fication number of the confirming notice shall be the same as the effective date and modification number of the initial notice. (4) For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default. (5) For a modification confirming the contracting officer's determination of the amount due in settlement of a contract termination, the effec- tive date shall be the same as the effective date of the initial decision. Item 6 (Issued By). Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block. Item 8 (Name and Address of Contractor). For modi- fications,to a contract or order, enter the contractor's name, address, and code as shown in the original con- tract or order, unless changed by this or a previous modification. Items 9, (Amendment of Solicitation No. —Dated) and 10, (Modification of Contract/Order No. — Dated). Check the appropriate box and in the corres- ponding blanks insert the number and date of the original solicitation, contract, or order. Item 12 (Accountinc and Appropriation Data). When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries: !1) Accounting classification Net increase $ (2) Accounting classification Net decrease $ NOTE: If there are changes to multiple accountinc classifications that cannot be placed in block 12. insert an asterisk and the words "See continuation sheet". (g) Item 13. Check the appropriate box to indicate the type of modification. Insert in the correspondirc blank the authority under which the modification Ts issued. Check whether or not contractor must sic: - this document. (See FAR 43.103.) (h) Item 14 (Description of Amendment/Modification). (1) Organize amendments or modifications under :re appropriate Uniform Contract Format (UCF: section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document. (2) Indicate the impact of the modification on -, overall total contract price by Inserting one of t-e foiiowinc entries: (i) Total contract price increased by S (ii) T otai contract price decreased by S (iii) Total contract price unchanced. (3) State reason for modification. (4) When removinc, reinstating, or adding funds.. identify :ne contract items and account nc class - ficatiOns. (5) When the SF 30 is used to reflect a deterralnation by the contracting officer of the amount Cue n settlement of a contract terminated for :he cc - venience of the Government, the entry lr Item of the modification may be limited — (i) A reference to the letter determination; arc (ii) A statement of the net amount ce:e mines to be due in settlement of the contras:. (6) include subject matter or short t.t:e sciici:a- ticn contrac: where feasible. (i) Item 16B. The contracting officer's scrag e. Es 77.7 required on solicitation amendments. The contract:no officer's sicnature is normally affixed as: or suco.e- mental agreements. U.S. CPC : 1987 0 - 173-488 ST,,NDARD FORM 3OC,.CK =_. MENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT CONTRACT ID CODE N6871192RP02P28 =AGE AMENDMENT/MODIFICATION NC. Two (2) 3. EFFECTIVE DATE 1SEPT 1998 4 REQUISITION/PURCHASE REQ. NO. 5. PROJECT NC acc,n to SSUED BY CODE SOUTHWEST DIVISION NAVAL FACILITIES ENGINEERING COMMAND REAL ESTATE DEPARTMENT 1220 PACIFIC HIGHWAY SAN DIEGO, CA 92132-5179 543.EE 7. ADMINISTERED BY (If other tnan Item 6) CODE NAME. AND ADDRESS OF CONTRACTOR (No., street. county. State and ZIP Code) CITY OF NATIONAL CITY 1234 NATIONAL CITY BLVD NATIONAL CITY CA 91950 EXP: 31 AUG 2003 9A. AMENDMENT OF SOLICITATION NC. 98. DATED (SEE ITEM 11) DOE NAVSTA SD 10A. MODIFICATION OF CONTRACT/ORDER '.0 N6871192RP02P28 FACILITY CODE N00245 108. DATED (SEE ITEM 13) 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers ❑ is extended, is not exter_ fers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methoc By completin Items 8 and 15. and renaming copies of the amendment (b) By acknowledging receipt of this amendment on each coov of the offer omitted: or (cYBv separate letter or teeecram w s 1 iincludes a reference of to the solicitation and numbers. FAILURE OF YOUR _ .KNOWL=DGEMENT TO BE RECE' ED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPE._.-_— Y RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, sucn chance may oe o, agram or letter, provioed each telegram or letter makes reference to the solicitation and this amendment, and is received pnor to the opening hour and ecified. . ACCOUNTING AND APPRCPRIATON DATA (1frequired) .3. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIED THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER !S "SSUED PURSUANT TO: (Soec,fyautnorrty) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONT=.= ;- ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as oranges moa. rc o=_ aoproonaron date. etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of mcc: oation and authority) BY MUTUAL AGREEMENT OF BOTH PARTIES. MPORTANT: Contractor ❑ is not is required to sign this document and return 3 copies to the issuing office. DESCRIPTION OF AMENDMENT MODIFICATION (Organized by UCF section headings. including solicitation/contract suoJect mares wnere feasible.) THE INTENT OF THIS MODiFiCATIC.N S TO MAKE THE FOLLOWING CHANGE. 1. ITEM 2 OF THE LICENSE IS ::_-_Y AMENDED BY DELETING THEREFROM THE DATE "INDEFINITE" AND INSERTING IN PLACE THEREOF "31 AUGUST C=. ALL OTHER TERMS AND CCNOI i'CNS SF THE LICENSE REMAIN UNCHANGED. or as crrroeO nereln. all terms art —.co.-ors 0' tie document referenced in Item 9A or WA. as neretofore changed. remains unchanged and in full force ant effect. NAME. AND TITLE OF SIGNER toror,ntl 16A. NAME AND TITLE OF CONTRACTING OFFICER "yce or cnnt KAREN P. RINGEL Real Estate Contrectmc Officer CONTRACTOR/OFFEROR Signature of Person Autra'zec .c Sc-- 15C. DATE SIGNED 168. UNITED STATES OF AMERICA BY (Signature of Contracting Officer 6C. DATE a., .E- STANDARD FORM 30 E. '--_- INSTRUCTIONS Instructions for items other than those that are self-explanatory, are as follows: Item 1 (Contract ID Code). Insert the contract type identification code that appears in the title block of the contract being modified. Item 3 (Effective date). (1) For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change. (2) For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties. 3) For a modification issued as an initial or confirm- ing notice of termination for the convenience of the Government, the effective date and the modi- fication number of the confirming notice shall be the same as the effective date and modification number of the initial notice. 4) For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default. 5) For a modification confirming the contracting officer's determination of the amount due in settlement of a contract termination, the effec- tive date shall be the same as the effective date of the initial decision. tern 6 (Issued By). Insert the name and address of -le issuing office. If applicable, insert the appropriate ssuing office code in the code block. tem 8 (Name and Address of Contractor). For modi- cations,to a contract or order, enter the contractor's ame, address, and code as shown in the original con- -act or order, unless chanced by this or a previous codification. :ems 9, (Amendment of Solicitation No. —Dated), nd 10, (Modification of Contract/Order No.— )ated). Check the appropriate box and in the corres- onding blanks insert the number and date of the riginal solicitation, contract, or order. -em 12 (Accounting and Aoorooriation Data). When :propriate, indicate the impact of the modification n each affected accounting classification by inserting ne of the following entries: ) Accounting classification Net increase S (2) Accounting classification Net decrease S NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12_ insert an asterisk and the words "See continuation sheet". (g) Item 13. Check the appropriate box to indicate toe type of modification. Insert in the corresponding blank the authority under which the modification. la issued. Check whether or not contractor must sic- this document. (See FAR 43.103.) (h) Item 14 (Description of Amendment/Modification). (1) Organize amendments or modifications under toe appropriate Uniform Contract Format (UCF section headings from the applicable solicitation or contract. The UCF table of contents, however. shall not be set forth in this document. (2) Indicate the impact of the modification on the overall total contract price by inserting one of ro_ following entries: (i) Total contract price increased by S (ii) Total contract price decreased by S (iii) Total contract price unchanged. (3) State for modification. (4) When removing, reinstating, or coding funds identify :ne contract items and accounting class.- fications. (5) When the SF 30 is used to reflect a determination by the contracting officer of the amount due -- settlement of a contract terminated for the con- venience of the Government, the entry in Item of the modification may be limiter t., — (i) A reference to the letter determination; ar: (ii) A statement of the net amount determined to be due in settlement of the contract. (6) include=ubiec: matter or short :i:.e of solicita- tion/contract where feasible. (i) Item 166. The contracting officer's signature is r_: required on solicitation amendments. The contract -in: - officer's signature is normally affixed 'last on supc.= mental agreements. U.S. GPO : 1987 0 - 173-488 STANDARD FORM 30 BACK = _ SELF-INSURANCE REQUIREMENTS FORM INSURANCE MUST CONFORM TO ALL THE REQUIREMENTS LISTED BELOW X 1 PUBLIC LIABILITY AND PROPERTY DAMAGE a. Requires minimum amounts of insurance listed below: $ 1.000.000 Third Party Property Damage $ 1.00C.000 Third Party Personal Injury Per Person $ 5.000.000 Third Party Personal Injury Per Accident X 2. SELF-INSURANCE REQUIREMENTS: If your organization is self -insured, please provide evidence of self-insurance which meets or exceeds Me insurance liability amounts in Item # 1. The following information, written on your organization's letterhead, is also required: • A brief description of your organization's self-insurance program. • The name and telephone number of your organization's self-insurance program administrator. • Reference the appropriate military facility and contract number. IF YOUR SELF-INSURANCE PROGRAM DOES NOT MEET THE ABOVE MINIMUM REQUIREMENTS: • Please provide evidence of Excess Liability Insurance in the amount necessary to meet or exceed the minimum requirements in Item #1 above. • The followinc endorsements are required for Excess Liability insurance policies: a. "The insurer waives any right of subrogation against the United States of America which might arise by reason of any payment made under this policy." b. "The Commanding Officer, Southwest Division, Naval Facilities Engineering Command, San Dieco. California, shall be given thirty (30) days written notice prior to making any material change in or the cancellation of the self insurance program." c. "The United States of America (Department of the Navy)is added as an additional insured in operations of the policyholder at or from the premises licensed/leased from the Unite: States". d. "This insurance certificate is for use of facilities at the Naval Station. San Dieao. Contract Number N6871192RP02P28". X 3. NOTICE: "RIGHT TO USE" DOCUMENTS WILL NOT BE FULLY EXECUTED UNTIL CERTIFICATE IS RECEIVED WITH PROPER ENDORSEMENTS. :meat name. .,cit-in. tmt ENCLOSURE (2) Attachment B -.1 4' Jalg G.3. CC7IMm 7NOW1TY mos= nasommumII :ia. 2==T DZY3>TOMMI! 01 TXX =Tr TU ' LIC_ MUM MOW 701 TIE 707 ItsSPECT7MID UDC: TEX TZ1:s 1 CCIOITTONN SIT ram EZLOW 3Za OMILL 71HOVISIoas as TES :a►- SXDZIMO, AID AZT s7ZCTIL CONDITOis TO® IMMO. AT TIN =COT= Est TIE L2C73232 TO Aams TO COOL/ It ALL IOCZ Tom. CONDITIONI AID QnamAL Aso/o1 I7ZCIAL 710YIZICIS 11V1L ACTIVITY mm"' ' "'"1" M VITA, Sal Diego 68 7 2. DASZS C0T L Q c csus.... races 1 ?Of 1991 To 31 Cct 1996 DESC$gmQE 07 P107aS'Y annum .r W.. WI Weft Ivor n.., as.anmi - 7 u ?0-r` � -r Northerly side Eighth St., between Harbor Drive and Trolley Line. (Refer to Exhibits A & B, which are attached hereto and made a part hereof PU11= Or LICEZII To allow the City of National City to install a bus stop and landscape. i :zcaaaas UNITED STATES 0? 1 x.,rC% DEPAT 0? TEM ENVY La. LOCAL Mirscroirxsu ( .... ame-p CCIONIEDING 07?ICER, 500TNNEST DIVISION NAVAL ?1 *S ENGIarrstm COOAND (CODE 24) 1220 PACIFIC mammy SAN DIEGO. CA 92132-5190 SCE um...r .mm. ity of National City 243 National City Blvd ational City, CA 92050-4397 Ca. LOCLLIZPIZAUMEXTE Mr. Burton Myers City Engineer (619) 336-4380 (SWIM s __I AMISS ne a.a =MISw ,K) ie (IS me amen " MINIM IT LICE (Parable in advance) psysent is :squired, eater mimeo under is 7a "Imonst+) b. MOUE= j a. 7IisT DIMS Diu Waived, du to benefit to EAMONEV DUE Navy and adneral public d. TO (Le+ ...a.._s .ems„" 0PPT r . Sr'-. DZ4T . 1220 PlCIrIC . SAE «CA 92222-5190 S. JmOZZ? rat er.r�r• Am @VICS (P.wr. c. ••..as (I2' no ease -payment is required ester «same• under its as "Anomato) b. mQOZZar C. 73SiS DUX pm d. TO t.ft' Teri MUM NMI MISISSUUSC2been UXXID vany or all ias¢easoe �y� a Saes�rfo:nee in a.b.c, or d as apuresnietal /Msmimst asolar I TTTI 1 AseCOrr vrsao: $ Self Insured ]PINY mamas mantasintavra.tozs a $ Self Insured (f.. a.wa. slr, I N c. TTIRD MITT 7712L rmII1r 7El 7ZlsOZ d =maD PARTY Palcpz. a7u1Y PPS ACAS s Self Insured Self Insured MICIT Y I:. ETECCTICI or LICE nini. POSITION, and TIT..= ! IIQ>DT^$Z Jose J. Deluna /) /; Director, Real Estate D V. /� /r. George H. Waters NIT Mayor, City of National City `/a�,..� LEGAL DESCRIPTION BEGINNING at the southwesterly corner of Parcel 58. as shown on Record of Survey 1014. said point being at the southwesterly terminus of that line shown as South 71° 34' 48" West 422.87 feet on said Record of Survey, thence North 71° 34' 48" East 422.87 feet along the northerly right of way of 8th Street to a point on the west side of the 100 foot San Diego and Arizona Eastern Railroad Right of Way (now managed by the Metropolitan Transit District Board and used for the Trolley), thence North 18° 24' 00" West 10.00' along said westerly Right of Way line, thence South 71° 34' 48" West 421.60 feet on a line parallel with and 10.00 feet northerly of the 8th Street Right of Way line to a point on the east side of the 100 foot wide Atchison, Topeka, and Santa Fe Railroad Right of Way, thence southerly along said easterly Right of Way line along a curve having a radius of 5779.65 feet through a central angle of 0° 06' 00" an arc distance of 10.08 feet to the POINT OF BEGINNING. Area = 4222 so. ft. (0.10 ac.) A-7477.8 10-21-91 L.W.W. Exhibit A I-8989. CAf EXIST CURD 7) r) EXIST L CURD MOOR IRIIOR HP 'RCIFIC 0111111 rn k vy II II II II II II Sli P.O.B. CORER I (PARCEL 58 I � R'S 1014) R,T & SANTA II R,T & SANTA FE RR RIGHT OF WRY EXIST 42" STORM DRAIN II EXIST II FENCE I --SITE AG41'/QV4Z CI!)' `11111 SI I. VII 1111111 IIIII' FE RR TRACKS PROPOSED FENCE EXIST. FENCE 10' 1) //�,!=/ /// ,//..,,d; AV/ /// /// ////. / MN ! 1 // �i/�P SEWER- EXIST CURB II EXIST. R/W SD & A,E RR RIGHT OF WRY EXIST /FENCE \ EXIST 10" WATER LINE BO' 1 EX I ST__CURB EXIST. R/W NAVY BLDG. 44(4/ //-/- II'Iv1111111 II',' : III 1 . 0�� NAVY PARKING LOT �A 2t0� c� \`t\N II L EXIST 18" STORM DRAIN I' EXIST 16" WATER LINE ON R/W N 71'34'48" E 421.60' 1" (I" = 18.3m) N 71'34'48* E 422.87' 8TH STREET ABANDONED TRACKS NAVY BLDG. "NAT. CITY 8TH STREET" TROLLEY STATION & PARKING LOT EXIST 10' WATER LINE I s. II II II TROLLEY TRACKS �I II II II II II II 1' ALL BEARINGS & DISTANCES SHOIl' ON THIS PLAT WERE CALCULATED PER R of p 1014 DRAWN BY: LARRY W. WRLSII,PE ('111 1(1 II IIY: 1011 1'III II !iON,I !i I11'1V11VI II IIYI I , II, MPhil MI II,III GUIRLES W. OIRISTENS04 & ASSOCII1 141 H. 'C' SIItl!II, MIX 1(E Ifl OIEGO, CH S21111 (bIII I ltl11 .IVII II1. 1u lI" rn rf n City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 6. 1998 AGENDA ITEM NO 7 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE AGREEMENT AND A CONTRACT OF PURCHASE. PREPARED BY Marylou Matienzo . v+% DEPARTMENT Finance Director of Finance EXPLANATION_ On September 1, 1998, the National City Joint Powers Financing Authority directed staff to refund(refinance) the 1991 Lease Revenue Bonds and attached resolution is to approve the preliminary official statement and the execution of a lease agreement and contract of purchase prepared by our bond counsel, Jones Hall After this action, bonds are authorized for formal issuance. It is further anticipated that the bonds will be priced/sold on October 15 with the closing to occur on October 29. Environmental Review Financial Statement Not Applicable N/A Account No STAFF RECOMMENDATION Approve resolution which authorizes the preparation of ne essary documents and the issuance of a Preliminary Official Statement in connection with refunding the 1991 lease revenue bonds. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) eso uuon Resolution No 93-135 J A..00 ;Be. '/80' RESOLUTION NO 98-135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING AND DIRECTING 11il EXECUTION OF A LEASE AGREEMENT AND A CONTRACT OF PURCHASE WHEREAS, the National City Joint Powers Financing Authority (the "Authority") issued its JIts se Revenue Bonds, Series 1991 (City of National City Police Facilities Project) in the aggregate principal amount of $6,950,000 (the "1991 Bonds") for the purpose of financing the acquisition and construction of certain police facilities (the "Project"), which improvements are being leased by the Authority to the City pursuant to a Lease Agreement, dated as of October 1, 1991, by and between the Authority and the City (the "1991 Lease Agreement"); and WHEREAS, interest savings will be reaii7ed if the 1991 Bonds are refunded with the proceeds of refunding bonds (the "Refunding Bonds") to be issued by the Authority; and WHEREAS, the Refunding Bonds are to be issued pursuant to a Trust Indenture, dated as of October 1, 1998 (the "Indenture"), by and between the Authority, and Union Bank of California (the 'Trustee"); and WHEREAS, the Refunding Bonds are to be secured by an assignment by the Authority to the Trustee of all of the Authority's rights to receive lease payments under an Amended and Restated Lease Agreement, dated as of October 1, 1998, between the City and the Authority, which amends and restates in whole the 1991 lease Agreement (the "Lease Agreement"), pursuant to the terms of the Indenture; and WHEREAS, MBIA Muni Financial has, at the direction of the City, begun the preparation of Preliminary Official Statement describing the Bonds, the Project, the City and the Authority; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. Approval of Lease Agreement. The City Council hereby approves the Lease Agreement. in substantially the form on file with the City Clerk, together with any changes or additions therein or additions thereto deemed advisable by the City Attorney. The Mayor is hereby authorized and directed to execute, and the City Clerk is authorized and directed to attest, and affix the seal of the City to. the Lease Agreement for and in the name of the City. Resolution No 98-135 October 6, 1998 Page Two Section 2. Sale of Refunding Bonds. The Refunding Bonds shall be sold to Kinsell, O'Neal, Newcomb & De Dios, Inc. (the "Underwriter") pursuant to the Contract of Purchase, dated as of the date of the sale of the Refunding Bonds, by and among the Underwrireer, the Authority and the City (the "Contract of Purchase") and the Mayor is directed to execute the Contract of Purchase, in substantially the form on file with the City Clerk, so long as the principal amount of the Refunding Bonds will not exceed $6,500,000, so long as the net present value savings realized through the sale of the Refunding Bonds shall be not than $55,000 per year, and so long as the Underwriter's discount on the Refunding Bonds does not exceed 1 % of the principal amount of the Bonds. Section 3. Approval of Preliminary Official Statement: Final Official Statement. The City hereby approves a preliminary Official Statement (the "Preliminary Official Statement") in substantially the form on file with the City Clerk. The City Manager is hereby authorized and directed to approve corrections and additions to the Preliminary O ial Statement by supplement or amendment thereto, or otherwise as appropriate, provided that any such corrections or additions shall be necessary to cause the information contained therein to conform with facts material to the Bonds, or to the proceedings of the Authority or the City. The City Manager is authorized and directed to cause the Preliminary Official Statement to be brought into the form of a final official statement (The "Final Official Statement") and to execute a statement that the facts contained in the Official Statement, and any supplement or amendment thereto (which shall be deemed an original part thereof for the purpose of such statement) were, at the time of sale of the Refunding Bonds, true and correct in all material respects and that the Final Official Statement did not, on the date of z.e of the Refunding Bonds, and does not, as of the date of delivery of the Bonds, contain any untrue statement of a material fact with respect to the City or omit to state material facts wilt respect to the City required to be stated where necessary to make any statement made therein not misleading in the light of the circumstances under which it was made. The City M —'ager shall take such further actions prior to the signing of the Final Official Statement by the Mayor on behalf of the City as are deemed necessary or appropriate to verify the accuracy thereof. Section 4. Official Actions. The Mayor, City Manager, Finance Director and City Clerk of the City, and any other officers of the City, are hereby authorized and di_rem ed to take all actions and do all things necessary or desirable hereunder with respect to the p-enaration of distribution of the Preliminary Official Statement, including the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this rese=ation, and the City Council ratifies any actions heretofore taken by the City. Resolution No 98-135 October 6, 1998 Page Three PASSED AND ADOPTED this 6th day of October, 1998. CTTY OF NATIONAL CITY George H. Waters, Mayor Attest: Michael R. Dalla, City Clerk Approved as to Form: George H. Eiser, DI, City Attorney PREPARED BY EXPLANATION City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE n i998 AGENDA ITEM NO Lluhe 8 ITEM TITLE Resolution Approving Council Policy Update On The City Of National City Investment Policy Marylou Matienzo ,41. Director of Finance DEPARTMENT Finance City Council Policy Number 203 provides that the City's investment policy be reviewed annually. Per Council direction, investment policy updates are incorporated into our City Council Policy. This year's policy incorporated some changes to the policy adopted last year dated August 19, 1997 as follows: (Please see attachment) Environmental Review N/A Financial Statement Not applicable. Account No TAFF RECOMMENDATION /fcZ(% Staff recommends to adopt the resolution approving the updated policy for inclusion in the Policy manual and amend the investment policy adopted by Council on October 23, 1990 BOARD/COMMISSION RECOMMENDATION Nnt apPlirahle ATTACHMENTS (Listed Below) 1. Resolution Resolution No 98-136 2. Updated Investment Policy 3. Summary of Revisions a-2:a lie.. o/oc•• RESOLUTION NO. 98-136 RESOLUTION OF THE CITY COUNCIL OF 1111, CITY OF NATIONAL CITY APPROVING REVISIONS TO THE NATIONAL CITY INVESTMENT POLICY WHEREREAS, City Council Policy No. 203 provides that the City's investment policy be reviewed annually; and WHEREAS, the Finance Director has recommended certain revisions to said policy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City approves revisions to the City's investment policy, as recommended by the Finance Director. PASSED and ADOPTED this 6t' day of October, 1998. Attest: Michael R. Dalla, City Clerk Approved as to Form: George H. i g se., III, City Attorney CITY OF NATIONAL CITY George H. Waters, Mayor REVISIONS TO THE CITY OF NATIONAL CITY INVESTMENT POLICY 1. PAGE 5 OF 13 Eligible Investments. #4 Added: The Finance Director using the "Prudent Investor Rule" under certain market conditions shall have the authority to go beyond the 2 years maturity but not to exceed 5 years as allowed by the California Government Codes. 2. PAGE 7 OF 13 Negotiable Certificates of Deposit Added: Negotiable, Transferable, or Direct Certificates of Deposit Deleted: Up to 18 months Added: The certificate of deposit shall be issued by a federally insured bank or credit union and must be "well capitalized" as that term referred to in the FDIC Rules and Regulations. Deleted: 20 Million revised to investment cap of 30 million Added: The finance director shall have the authority to adjust the investment portfolio percentage distribution and terms of investment maturities depending on certain market conditions in accordance to the terms set by the California Government Codes. 3. PAGE 11 OF 13 Added: Resolution No. 97-110 4. PAGE 12 OF 13 2.1 Caiculation of Cash Position Responsibility changed from Principal Accountant to Finance Director 2.3 Review of Investment Recommendation Responsibility of City Treasurer 2.3 Execution of Transaction Responsibility of Finance Director 3.2 Recording of transactions in accounting records Responsibility changed from Principal Accountant to Accountant 3.3 Recording of transactions to match investment confirmation to subsidiary ledgers Responsibility changed from City Treasurer to Accountant 4.1 Safeguarding of assets and records to reconcile subsidiary records to accounting records Responsibility changed from Principal Accountant to Accountant 4.2 Safeguarding of assets and records to reconcile subsidiary records to bank statements and safekeeping records. Responsibility changed from Principal Accountant to Accountant 5. PAGE 13 OF 13 Added: Section 4.5. 4.6. 4.7, 4.8, 4.9. 4.10. 4.11 Revised: Section 5.1, Preparation of investment report responsibility is changed from Principal Accountant to Financial Services Officer. CITY COUNCIL POLICY TIME: INVESTMENTS POLICY NUMBER. 203 ADOP fEll: October 23, 1990 AMENDED OR REVI.D: October 6, 1998 Page 1 of 13 Purpose To provide broad guidelines to the officers of the City charged with the responsibility for investment of temporarily idle funds. Policy Temporarily idle funds will be invested in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of idle funds. Scope This policy applies to all financial assets of the City accounted for in the City's Comprehensive Annual Financial Report and any new fund created by the City Council, unless specifically exempted. Standard of Prudence Investments shall be made in context of the "Prudent Investor' rule. which states that: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." CITY OF NATIONAL. CIT CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 203 ADOP October 23, 1990 AMENDED OR REVISED: October 6, 1998 Page 2 of 13 This standard of prudence shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is take to control adverse developments. Objective The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of overall portfolio. Liouidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. Return on investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. CITY OF NATIONAL CITY C1T COCNNCfL POLICY TIME: INVESTMENTS POLICY NUMBER 203 ADOP h.J: October 23, 1990 Delegation of Authority AMENDED OR REVLSED: October 6 , 1998 Page 3 of 13 Management responsibility for the investment program is hereby delegated to the Finance Director, who shall establish written procedures for the operation of the investment program consistent with the investment policy. Procedures should include reference to : safekeeping, PSA repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority of persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business with the City, and they shall further disclose any large personal financial investment positions that could be related to the performance of the city's portfolio. Employees and officers shall subordinate their personal investment transactions to those of the City, particularly with regard to the time of purchases and sales. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER. 203 ADOP P October 23, 1990 AMENDED OR REVISED: October 6, 1998 Page 4 of 13 Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. Investments will be placed with SEC registered broker dealers only. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness, who maintain an office in the State of California. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange commission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made except in a qualified public depository as established by state laws. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. A current financial statement is required to be on file for each financial institution and broker/dealer in which the City invests. The Finance Director shall provide a current edition of the Investment Policy to all dealers/brokers which have been previously approved to handle investment transactions. Receipt of the policy, including confirmation that it has been reviewed by persons handling the City's account should be acknowledged in writing prior to commencing to trade. Authorized and Suitable Investments Security purchases and holdings shall be maintained within statutory limits imposed by the Government Code. The Finance Director will maintain a list of permissible investments and the current limits for each type of investment. CITY OF NATIONAL CITY II 1 CUUCLL POLICI TITLE: INVESTMENTS POLICY NtJ Bak 203 ADOP L 1): October 23, 1990 AMENDED OR REVISED: October 6, 1998 Page 5 of 13 ELIGIBLE INVESTMENTS Investments may be made in securities which are permissible investments under the California Government Code, as they now read or may hereafter be amended, from money in the treasury not required for the immediate necessities of the City. The following are the criteria for eligible investments: 1. All investments of the City shall have the City of National City as the registered owner and shall be kept in the custody of the City or by a qualified safekeeping institution. 2. Investments shall be diversified among institutions, types of securities and maturates to maximize safety and yield with changing market conditions. 3. Investment of funds in local financial institutions 4. Investments should have a final maturity cf 2 years to reduce any interest rate risk of the fund. The Finance Director using the "Prudent Investor Rule" under certain market conditions should have the authority to go beyond 2 years but not more than 5 years as allowed by the Government Codes. 5. No derivatives will be allowed in the fund, including inverse Floaters, Range Notes, Interest only strips from CMO's or Any security that could result in zero interest accrual if held to maturity. 6. Permissible Investments as allowed in Government Codes 53601, 53635, 53637, 53652 and 43653 are as follows: CITY OF NATIONAL CITY CITY COUNCIL CI POLICY TITLE: POLICY INVESTMENTS NUMBER 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 6, 1998 Page 6 of 14 GOVERNMENT OBLIGATIONS consisting of U.S. Treasury and Agency obligations which are issued at the federal level. U.S. Treasury obligations are bills, notes and bonds issued by the Treasury and are direct obligations of the Federal Government. Agency obligations are notes and bonds of Federal. Agencies, Government Sponsored Enterprises and International institutions. Agencies are not the direct obligation of the Treasury but involve federal sponsorship or guarantees . The maximum maturity shall be 2 years with a minimum credit requirement of AAA which all U.S. Treasuries and Agencies are currently rated. The maximum exposure shall be no more than 10% of the portfolio value. BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust company and brokered to investors in the secondary market. Tne maximum maturity of an issue will be 270 days. Issuers must be at or above the following investment grade from the rating firms of Fitch - F1, Moody's - P1 (A when applicable), Standard and Poor's -Al (A when applicable). The maximum exposure shall be no more than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/ bond of indemnity or some other support agreement. The maximum maturity of an issue shall be 180 days. Issuers must be at or above the following investment grade form one of these rating firms: Fitch - F1, Moody's - P1 (A when applicable), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 15 'a of the portfolio value. CITY OF NATIONAL. CITY CITY COUNCIL POLICY TIME: INVESTMENTS POLICY NUMBER 203 ADOP l� ll : AMENDED OR October 23, 1990 REVLSED: October 6, 1998 Page 7 of 13 NEGOTIABLE. TRANSFERABLE. OR DIRECT CERTIFICATES OF DEPOSIT are issued by FDIC insured commercial banks, NCUA insured credit unions and thrift institutions funds deposited for specified periods of time and earn either a fixed or variable interest rate. the maximum maturity of an issue will be generally be no more than 1 year on new investments. Certain exceptions can be made upon the discretion of the Finance Director. The certificate of deposit is issued by a federally insured bank or credit union and must be "well capitalized" as that term referred to in the FDIC/NCUA Rules and Regulations. Issuers must be at or above the following investment grade from the rating firms Fitch - CD cr AA, Moody's - P1 or Aa, Standard and Poor's - Al or AA. Issued :s limited up to $100,000 with a total maximum exposure at 10% of the portfolio value. LOCAL AGENCY INVESTMENT FUND (LAIF) is a pooled investment fund with the state agency. This is a liquid investment that has no maximum maturity and an investment Cap of 30 minion, for each participant. The Finance Director shall have the authority to adust the investment portfolio percent distribution and maximum maturities depending on certain market conditions in accordance to the terms of the government codes. Collateralization To secure active or inactive deposits, the amount of sec: rities placed agent depository shall at all times be maintained as specified in Califcr-.ia Government Code 53652 and pursuant to Section 53656 and 53658. Me Finance Director is authorized to waive collateral for certificates of deposits to the extent of FDIC or NCUA insurance coverage. CITY OF NATIONAL CITY CITY COUNCIL POLICY TIME: POLICY INVESTMENTS NUMBER 203 ADOPT'=: A �i YDID OR October 23, 1990 REVISED: October 6, 1998 Page 8 of 13 Marketable securities which are provided under a repurchase agreement shall be held by the City's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are subject .to the Finance Director's approval. Safekeeping and Custody All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery -versus -payment (DVP) basis. Securities will be held in a third party custodian/safekeeping account. Said securities shall be held in a manner that establishes the City's right of ownership. Diversification The City will diversify its investments by security type and institution. With the exception U.S. Treasury securities and the Local Agency Investment Fund pool, no investment may be made that would, as of the date a particular investment is being considered, result in having more than 15% of the City's total investment portfolio being invested in a single security type cr with a single financial institution. Maximum Maturities To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than two years from the date of purchase without specific approval by the City Council. The maturity of such investments shall be made to coincide as nearly as practicable with expected use of the funds. CITY OF NATIONAL CITY Lit I LUU1yt. iL itJL1L 1 TITLE: INVESTMENTS POLICY NuMBER 203 ADOP TLU: October 23, 1990 AMENDED OR REVISED: October 6, 1998 Page 9 of 13 Internal Control A system of internal control shall be maintained to prevent losses arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City. Controls deemed most important include: control of collusion, separation of duties, clear delegation of authority, written confirmation of transactions initiated by telephone, and documentation of transactions. The matrix of segregation of responsibilities of investment functions shown in Exhibit "A" attached hereto and incorporated herewith shall be implemented and adhered to. Non -Discrimination The City shall not knowingly make any investment in any financial institution and broker/dealers that practices or supports directly or indirectly through its actions discrimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six months Treasury Bills. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY INVESTMENTS NT.JMBER 203 ADOP AMENDED OR October 23, 1990 REVISED: October 6, 1998 Page 10 of 13 Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed by law. Any statutory allocations to restricted funds shall be made in proportion to the ratio of restricted fund balances to the total pooled balances. Reporting The Finance Director shall render a monthly report to the City Council and City Manager showing the following information: 1. Type of investment. 2. Name of financial institution. 3. Date of deposit. 4. Date of maturity. 5. Amount of deposit or carrying cost of the security. 6. Current market value for all securities with a maturity of more than 12 months. 7. The rate of interest. 8. A statement relating the report to the investment policy. 9. A statement that the City's expenditure requirements can be met in the following month. 10. At the end of each fiscal year, a schedule comparing the investment portfolio performance against the established benchmark. A written confirmation of investments shall be issued by the seller or purchaser of the security confirming the transaction. Items included in the confirmation are the name of security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or selling price, accrued interest if applicable, settlement date and any additional information fully describing the security. CITY OF NATIONAL CITY TITLE: INVESTMENTS POLICY NUMBER 203 ADOP Lt.!): October 23, 1990 AMENDED OR REVISED: October 6, 1998 Page 11 of 13 Policy Review This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, anc return, and its relevance to current law and financial and economic trends. Amendments to the policy shall be forwarded to the City Manager anc. the City Council. Review of activities by outs.de independer.t auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the Treasurer's accounts has been performed. the auditors should confirm all investment holdings. Related Policy References Resolution No. 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-110 C= CF NATIONAL CITY .yew. ""-I pes, 94l_ .-^ "'1 C CO CJI-CilL POLIO TITLE: POLICY INVESTMENTS NUMBER 203 ADOPTED: AMENDED OR October 23 , 1990 REVISED: October 6, 1998 Page 12 of 13 City of National City Investments Functions Segregation of Responsibilities FUNCTION RESPONSIBILITY 1.0 Invest policy: . 1.1 Preparation and annual review of Investment policy. Finance Director 1.2 Approval of Investment Policy. City Council 2.0 Investment Transactions: 2.1 Calculation of Cash position. Finance Director 2.2 Investment recommendation: Determination of amount to be invested, selection of type of investment and term of investment. Finance Director 2.3 Review of Investment recommendation City Treasurer and execution of transaction. Finance Director 3.0 Recording of transactions: 3.1 In Investment subsidiary ledgers.. Finance Director 3.2 In accounting records. Accountant 3.3 Match Investment confirmation to subsidiary ledgers. Accountant 4.0 Safeguarding of assets and records: 4.1 Reconciliation of subsidiary records to the accounting records. Accountant 4.2 Reconciliation of subsidiary records to bank statements and safekeeping records. Accountant 4.3 Review of financial Institutions and investment brokers' reputation and financial condition. Finance Director Nem CITY OF NATIONAL CITY CITY COUNCIL POLICY TIME: INVESTMENTS POLICY NUMBER 203 ADOPTED: AMENDED OR October 23, 1990 REVISED: October 6, 1998 Page 13 of 13 4.4 Review of collaterals. City Treasurer 4.5 Control, follow up and calculation Accountant of interest earnings. 4.6 Review and calculation of applicable fees, discounts, premiums, commissions and other costs associated with placing investments. Accountant 4.7 Maintain a separate file for each investment banker and broker authorized to do business with the City. Accountant 4.8 Distribute and secure acknowledgments of the City's investment policy from authorized banks and brokers. Accountant 4.9 Review the audited financial statements submitted by the investment brokers on an annual basis. Accountant 4.10 Gather data of comparable investment rates on a daily basis for the Finance Director's review Accountant 4.11 Review the status of investment banks through the Financial Services Information Accountant 5.0 Investment portfolio: 5.1. Preparation of investment report. 5.2. Review of portfolio for compliance with stated investment policy. 5.3 Approval of Investment report. Financial Services Officer Finance Director City Council CITY OF NATIONAL CITY City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Oct. 6 ;. 1998 AGENDA ITEM NO 9 ITEM TITLE WARRANT REGISTER #12 PREPARED BY DEPARTMENT ROBERT A. RABAGO EXPLANATION. Ratification of Warrant Register #12 per Government Section Code 37208. FINANCE Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $416,841.25 BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below/ 1. Warrant Register #12 2. Worker's Comp Warrant Register dated 09/22/98 Resolution No. 4-7,,0 fie. '.'s: . City of National City Department of Finance 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4267 MAYOR AND CITY COUNCILMEMBERS FROM: MARIA L. MATIENZO, FINANCE DIRECTOR SUBJECT: RATIFICATION OF WARRANTS AND/OR PAYROLL REGISTER NO. 12 GENERAL FUND TECNOLCGY FUND GENERAL CAPITAL OUTLA LIBRARY FUND PARKS MAINTENANCE FUN RETIREMENT FUND GAS TAXES FUND P.O.S.T. FUND �. SWEETWATER FUND dE� ..�,__/.Y�A�,_:R FU ice. SEWER SERVICE FUND STATE PUBLIC LIBRARY TRASH _i =ES1ABIuAi 113,568.15 142,314.72 1,854.05 2,793.83 3,230.17 25,636.39 5,937.64 1 395.40 312.50 11,1g.41 10.41 _ 31C.10 1 I 730,28 COPS GRANT PART II LIBRARY COMPUTER CENT GRANT—C.D.B.G. CDC PAYMENTS STP LOCAL/TRANSNET HI GRANT—CMAQ TDA FACILITIES MAINT FUND LIABILITY INS. FUND GENETS AL- SERVICES FUND INFORMATION SERVICES "ROTOR VEHICLE SVC FUN TRUST & AGENCY 1,823.04 3_5.82 4,470.00 7,6=4.26 5-_.00 1,5=_.49 32,310.47 17,9_1.21 233,550.26 8,793.91 1,786.92 2,0'--.12 1,441.30 I HEREBY CERTIFY TEAT THE DEMANDS AS LISTED ABOVE AND COVERED BY: WARRANT NUMBERS 151207 THROUGH 151321 INCLUSIVE EXCEPTING NONE 11193-11199 INCLUSIVE ARE CORRECT AND JUST TO THE BEST MYKNOWLEDGE Ai:i�, r•r��rnnnpi TO OF �v_,:.�ri•_THE EUT TOR 73E CURRENT FISCAL YEAR AND THAT MONEY r2 AVAILABLE IN THE PROPER FUNDS TO PAY SAID DEMANDS. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 10-06-98 AGENDA ITEM NO 10 ITEM TITLE WARRANT REGISTER #13 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION. RATIFICATION OF WARRANT REGISTER #13 PER GOVERNMENT SECTION CODE 37208. Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $770,864.95 BOARD/COMMISSION RECOMMENDATION 6)-1-CC-t, ATTACHMENTS (Listed Below) 1. Warrant Register #13 2. Worker's Comp Warrant Register dated 09/29/98 Resolution No A-200 (4e•. a/?01 TO: FROM: City of National City Department of Finance 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4267 THE MAYOR AND CITY COUNCILMEMBERS MARIA L. MATIENZO, FINANCE DIRECTOR SUBJECT: RATIFICATION OF WARRANTS AND/OR PAYROLL REGISTER NO. 13 GENERAL FUND TECHNOLOGY FUND PARKS MAINTENANCE FUN RETIREMENT FUND GAS TAXES FUND P.O.S.T. FUND PARK & REC CAPITAL OU SEWER SERVICE FUND GENERAL PLAN UPDATE R 55,538.02 35,045.74 916.96 17.52 19,098.91 13.86 4,400.00 643.63 1,642.60 REGISTER TOTALS PAYROLL FOR PERIOD 09/08/98-09/21/98 TOTAL CIVIC CENTER REFURBIS GRANT-C.D.B.G. CDC PAYMENTS FACILITIES MAINT FUND LIABILITY INS. FUND GENERAL SERVICES FUND INFORMATION SERVICES MOTOR VEHICLE SVC FUN TRUST & AGENCY 3,334.86 50.99 4,840.39 76,009.52 555.69 211.32 4,890.23 13,647.01 16,085.00 236,942.35 499,778.45 736,720.80 I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY: WARRANT NUMBERS 151324 THROUGH 151436 INCLUSIVE EXCEPTING NONE 1001-1185 INCLUSIVE ARE CORRECT AND JUST TO THE BEST OF MY KNOWLEDGE AND CONFORM TO THE BUDGET FOR THE CURRENT FISCAL YEAR AND THAT MONEY IS AVAILABLE IN THE PROPER FUNDS TO PAY SAID DEMANDS. MARIA L. MATIENZO, FINANCE DIRECTOR City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 6, 1998 AGENDA ITEM NO 11 1 ITEM TITLE AGREEMENT WITH CHULA VISTA FOR USE OF THE CHULA VISTA ANIMAL SHELTER. PREPARED BY CRAIG SHORTS CAPTAIN DEPARTMENT POLICE DEPARTMENT 4G� EXPLANATION. The City of Chula Vista has provided Animal Shelter services for the City of National City since 1968. Chula Vista proposes a three year contract (July 1, 1998 through June 30, 2001) to provide those services. The cost to National City is $43,224 a year which reflects National City's share of staff costs, direct supplies and service costs (veterinary services, medical/lab supplies, food, animal disposal costs and utilities.) If costs increase, the contract may be adjusted to reflect National City's share in the second and third years of the contract. The contract provides for a termination for convenience at any time and for any reason with thirty day's written notice and for cause with written notification of at least five days before termination. Environmental Review N/A Financial Statement First year's cost is already budgeted for in approved Budget for Fiscal Year 1998/99. Account No. 001-411-000-268 STAFF RECOMMENDATION That the City Council approve the resolution ! thorizing the Mayor to enter into a three year agreement with the City of Chula Vista for shelter service from July 1, 1998 through June 30, 2001. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) 1. Resolution 2. Agreement Resolution No. 98-137 A.2n Res, °in) RESOLUTION NO 98-137 RESOLUTION OF Lab CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR THE USE OF tab, CHULA VISTA ANIMAL SHELTER FACILITIES AND SERVICES WHEREAS, National City does not have an animal shelter and desires to use the Chula Vista Animal Shelter as a shelter for the impounding, adoption, redemption and disposition of dogs, cats and other small animals; and WHEREAS, Chula Vista has an animal shelter adequate to serve the needs of National City in addition to the needs of the City of Chula Vista; and WHEREAS, National City and Chula Vista entered into an agreement for animal sheltering services on July 1, 1987, which was last amended in July 1991; and, WHEREAS, National City desires to renew its agreement with Chula Vista beginning FY 1998-99 for the use of animal shelter facilities of Chula Vista for the impounding, adoption, redemption and disposition of dogs, cats and other small animals, and Chula Vista is willing to renew said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to enter into an agreement with the City of Chula Vista for the use of its animal shelter facilities and services. Said agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 6th day of October, 1998. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. "ser, III, City Attorney AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY PROVIDING FOR THE USE OF CHULA VISTA ANIMAL SHELTER FACILITIES AND SERVICES THIS AGREEMENT, made and entered into this 1"` day of July 1998, by and between the CITY OF CHULA VISTA, a municipal corporation hereinafter called Chula Vista and the City of National City, hereinafter called "National City". WITNESS WHEREAS, National City does not have an animal shelter and desires to'use the Chula Vista Animal Shelter as a shelter for the impounding, adoption, redemption and disposition of dogs, cats and other small animals, and WHEREAS, Chula Vista has an animal shelter adequate to serve the needs of National City in addition to the needs of the City of Chula Vista, and WHEREAS, National City and Chula Vista entered into an agreement for animal sheltering services on July 1, 1987, and was lasted amended July 1991, and, WHEREAS, National City now desires to enter an agreement again with Chula Vista beginning FY 1998-99 for the use of animal shelter facilities of Chula Vista for the impounding, adoption, redemption and disposition of dogs, cats and other small animals, and herein. WHEREAS, Chula Vista is willing to amend said agreement in the manner set forth NOW, THEREFORE, IT IS AGREED by and between Chula Vista and National City as follows: 1. Chula Vista agrees to permit the City of National City the use of animal shelter facilities owned and operated by the City of Chula Vista and presently located at 690 Otay Valley Road for the impounding, adoption, redemption and disposition of dogs, cats and other small animals subject to the provisions of National City Animal Ordinances. 2. Chula Vista agrees to perform all normal animal shelter services, including the sheltering, feeding, medicating, exercising, adopting, euthanasia and disposal of -dogs, cats and other small animals held for the City of National City. 3. Chula Vista agrees to provide reasonable access to shelter office and facilities to National City Animal Control Officers. 4. Chula Vista agrees to provide shelter services for residents of National City Monday through Friday 9:00 to 5:00 and 10:00 to 4:00 on Saturday. The shelter will be closed on Sunday and all major holidays. Chula Vista agrees to notify National City of changes in shelter hours in advance. 5. Chula Vista agrees to accept all stray animals from National City residents at no charge. Other appropriate fees will be charged for National City residents. A $20.00 fee will be charged to relinquish, for euthanasia, or to redeem animals frcm the shelter. A $5.00 adoption fee will be charged. 6. National City Animal Control Officers shall deliver all animals found within that jurisdiction to the Chula Vista shelter and comply with all written and verbal policies and procedures of the Chula Vista Animal Shelter. 7. . Chula Vista agrees to provide National City Animal Control Officers assistance emergency situations. Chula Vista also agrees to continue its mutually benendai arrangement with the National City ARO, to transport animals to and from other Shelters and Veterinary clinics when feasible. 8. Chula Vista shalt not be responsible to any resident of National City, cr to he City of National City, because of the destruction of any animal delivered to and accepted by the shelter pursuant to this agreement, and the City of National City agrees to hold harmless the City of Chula Vista from any claims arising from damage or injury to animals belonging to residents of the City of National City and delivered to the Chula Vista Animal Shelter 9. Commencing on July 1, 1998, and extending through June 30, of 2001, National City agrees to contract for the aforementioned services and facilities. The cost of the first year of the contract will be $43,224 or $3,602 per month. Subsequent years will be adjusted fairly based on increasing costs or services and supplies_ The Finance Department of the City of Chula Vista shall, as of the first day of earth month, pied National City with the amount of monies received during the previous month frLn,i National City residents as fees for redemption of National City animals. Thie balance of funds remaining to be paid a two percent (2%) service and billing charge shall be a plied. The Finance Department shall submit the billing to National City on or before the lath day zf the month following the billing period and that amount shall be due and payable ,,; receipt by National City, but no later than the last day of the billing month. 10. Chula Vista agrees to hold all dogs and cats found without myna- information fa- a period•of no less than three (3) days. Dogs and cats found with a National City license or other identification will be held for no less than five (5) days. As per appii le Penal Cobs sections, animals with communicable diseases and severe injuries cr illness may be euthanized prior to the normal holding period. Chula Vista will attempt to notify °wigs of identified animals as to the whereabouts of the animal and the holding period. National City shall relinquish all animals not claimed or adopted to the City of Chula Vista for disposition in accordance with ail applicable laws, policy or procedure as deemed appropriate by the Chula Vista Animal Shelter Manager. Excluded Services 1. Chula Vista shall not be responsible for issuing dog, or other animal iicnses t National City residents or for collecting the fee for same. 2. Chula Vista shall not be responsible for enforcement of rabies '.accinaticn requirements for National City residents or for collecting the fee for same. 3. Chula Vista shall not issue citations for animal related violations that occur within the City of National City. It is further agreed that this agreement shall take effect on the first day of July, 1998 and shall terminate on the 30th day of June, 2001; provided that either party may terminate this agreement at any time by giving the other party written notice of intention to terminate thirty (30) days following said notice. Termination of Agreement for Convenience. Either party may terminate this Agreement at any time and for any reason, by giving specific written notice of such termination and specifying the effective date thereof, at least thirty(30) days before the effective date of such termination. If the Agreement is terminated by National City as provided for in this paragraph, Chula Vista shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination. Termination of Aoreement for Caere. If, through any cause, either party shall substantially fail to fulfill in a timely and proper manner any obligation under this Agreement, or violate any of its covenants, agreements or conditions of this Agreement, the Parties shall have the right to terminate this Agreement by giving written notification of such termination and specifying the effective date thereof at least five (5) days before termination. If the Agreement is terminated by National City as provided for in this paragraph, Chula Vista shall be entitled to receive just and equitable compensation for all services performed prior to the effective data so such termination. Notices and Designation of Administrator A. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed to the Administrator, or hi'siher designee, designated below far the respective Party; provided that, if any Party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail B. The following, including their respective addresses, are hereby designated as Administrators for the purposes of this Agreement only: City of Chula Vista: Chief of Police,, and his/her designee 276 Fourth Avenue Chula Vista, CA 91910 City of National City: Chief of Police, and his/her designee IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date here in above set forth. CITY OF CHULA VISTA CITY OF NATIONAL CITY Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 6, 1998 AGENDA ITEM NO. 12 ITEM TITLE RESOLUTION TO WAIVE THE BIDDI PROCESS AND AWARD A CONTRACT TO PACIFIC BELL TELEPHONE FOR CENTREX TELFP ZONE TRUNKS PREPARED BY T. McAvoy !, EXPLANATION Council has previously approved the purchase and installation of a new telephone system for City offices. The new system design requires that we make changes to the list of services provided to the City by Pacific Telephone. The best pricing available for these services is through a State of California agreement with Pacific Telephone. This contract for services is for sixty (60) months and has an estimated value of $55,000.00. DEPARTMENT Public Works It is intended that the City contract for these services under an agreement between the State of California and Pacific Bell, specifically, addendum No. 308 to Exhibit 23, effective October 6, 1998 ("Addendum"), of that Master Agreement for Non-Tariffed Services and Equipment, dated April 12, 1979. Please refer to attached agreement. It is therefore requested that the City Council declare that special circumstances exist, and that it is in the City's best interest to waive the bidding process, as allowed by Purchasing Ordinance #1480, Section 12a (4), and authorize the purchase of services in accordance with the attached agreement. Environmental Review X N/A Financial Statement Funds are appropriated annually as part of the operational budget account. L, i Account No. 626-422-223-248 STAFF RECOMMENDATION In concurrence with the City Purchasing Agent, recommended that the mayor be authorized to sign the agreement on behalf of the City. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 98-138 1. Agreement 2. Resolution A-200 t9.6C RESOLUTION NO 98-138 RESOLUTION OF TIlE CITY COUNCIL OF '1'11r. CITY OF NATIONAL CITY DISPENSING WITH 1'1ii, BIDDING PROCESS AND AUTHORIZING HIE MAYOR TO EXECUTE AN AGREEMENT FOR CENTREX TELEPHONE TRUNKS WITH PACIFIC TELEPHONE AND THE STATE OF CALIFORNIA WHEREAS, the new telephone system being installed in City offices requires that the City makes changes to the services provided by Pacific Telephone; and WHEREAS, the best pricing for the desired service is available under an existing contract between Pacific Telephone and the State of California; and WHEREAS, pursuant to Section 2.60.220 (D), of the National City Municipal Code, the requirements of bidding may be dispensed with where the City Council determines that due to special circumstances, it is in the City's best interest to enter into a contract without complying with the bidding procedure; and WHEREAS, the City Council finds that such circumstances exist in the present case. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby dispenses with the bidding process and authorizes the Mayor to execute an Agreement for Centrex Telephone Trunks with Pacific Telephone and the State of California. Said Agreement in on file in the Office of the City Clerk. PASSED and ADOPTED this 6th day of October, 1998. Attest: Michael R. Dalla, City Clerk Approved as to Form: ---,t s George H. Eiser, III, City Attorney CITY OF NATIONAL CITY George H. Waters, Mayor CUSTOMER ORIGINAL ADDENDUM NO. 308 TO EXHIBIT 23 TO THE MASTER AGREEMENT FOR NON-TARIFFED SERVICES AND EQUIPMENT CITY OF NATIONAL CITY Addendum No. 308 Page 1 of 6 This Addendum No. 308 to Exhibit 23, effective , 1998 ("Addendum"), of that Master Agreement for Non-Tariffed Services and Equipment, dated April 12, 1979, is between the State of California ("State") and Pacific Bell ("Pacific") a California corporation ("Agreement"), and is for the provision of Centrex Service by Pacific to the real user of the Centrex Service, City of National City ("Customer"). WHEREAS, the State has requested that Pacific provide Centrex Service to Customer, pursuant to the Agreement and Exhibit 23; and WHEREAS, Customer has asked Pacific to provide Centrex Service under certain rates and conditions not set forth in Pacific's Tariffs on file with the California Public Utilities Commission ("CPUC") ("Pacific's Tariffs"); and WHEREAS. Customer has been advised by Pacific that it may obtain, pursuant to an agreement entered into under General Order 96-A, certain rates and conditions not set forth in Pacific's Tariffs and that such rates for Centrex Service. PBX trunks or other Services will be determined using the same cost methodology; and WHEREAS. Pacific has advised Customer that installation and/or repair service for network terminating wire, also referred to as Centrex inside wire, may be provided by a vendor of Customer's choice or by Pacific pursuant to this Agreement; and WHEREAS. Customer has elected to have Pacific provide installation and repair service for Centrex inside wire associated with the Service provided hereunder and the Customer will be responsible for the INC and any repair/maintenance which may be required; and WHEREAS. Customer agrees to subscribe to Centrex Service as set forth and described herein ("Service' ). NOW. THEREFORE. Pacific and Customer agree to the following: Addendum No. 308 Page 2 of 6 I. SCOPE A. Subject to the availability of facilities and equipment and the terms and conditions of Exhibit 23, Pacific shall furnish, install and maintain the Service described herein for use by Customer. B. This Addendum, pursuant to CPUC General Order 96-A, shall be filed with the CPUC and shall at all times be subject to such changes or modifications as the CPUC may from time to time direct in the exercise of its jurisdiction. II. TERM A. This Addendum shall become effective upon execution by Pacific, Customer and the State, unless sooner terminated as provided herein, and shall remain in effect for 60 months from; the date of final signature. Existing System (NTCYCA11); 60 months from date of final signature New System (SNDGCA05): 60 months from the date the new service is cutover. B. Should the State terminate Exhibit 23, prior to the expiration of its term, Customer may, pursuant to General Order 96-A, continue to subscribe to Service for the remainder of the term under the rates and charges and terms and conditions contained herein. III. CONFLICT OF DOCUMENTS In the event of a conflict between the terms and conditions of the Agreement, Exhibit 23, and this Addendum, the terms and conditions of the Agreement. Exhibit 23, shall prevail. IV. TERMINATION A. Pacific or Customer may terminate this Addendum upon thirty days written notice if (1) the CPUC or California State Legislature require any material modification of the Agreement, Exhibit 23, or this Addendum which affects Customer, or (2) if Customer is unable to appropriate funding for the Service. Addendum No. 308 Page 3 of 6 IV. TERMINATION (continued) B. In the event Customer terminates this agreement for any reason other than those set forth in subparagraph A. above, Customer shall pay, if any, Pacific's unrecovered direct embedded costs actually incurred or unavoidable, which includes recurring and nonrecurring costs of labor, engineering, nonreusable materials and equipment, interest, return, tax requirements, transportation, storage, manufacturers' cancellation charges, administrative costs, depreciation, right -to -use fees, land and building; power and other common equipment, plus a reasonable profit. C. Should Pacific elect to terminate this Addendum, it will provide Customer with a ninety (90) day written notice. Termination of this Addendum by Pacific shall only occur in the event of misuse of the Service as described in Schedule Cal. P.U.C. A2.1 or in the event of non-payment of the rates and charges for such Service. V. LOCATIONS OF SERVICE Street Address - NTCYCAI I 1200 National City Blvd. 2100 Hoover Avenue 333 E. 16th St. 1415 D Avenue 140 E. 12th Street 1800 & 1810 E. 22nd Street 1408 Harding Avenue 1221 D Street Street Address - SNDGCA05 2333 S. Euclid Avenue 2005 E. 4th Street The location(s) listed above shall be served out of Pacific's NTCYCA1 1 & SNDGCA05 central offices located at 716 Highland Ave., National City and 2228 Saipan Dr., San Diego, CA Addendum No. 308 Page 4 of 6 VI. DESCRIPTION OF SERVICE A. General Description of Service Existing and New central office based leased communications systems equipped with primary station lines, capable of receiving direct in -dialed calls and of direct out -dialing of calls, more commonly called Centrex service, that will provide for the standard and optional features described below: B. System and Line Features Min. Qtv. USOC Description 2 TBN Touch Tone Common Equipment 2 TTN Additional Touch Tone Equipment 2 FRSBA Flex Route Selection Basic 2 FRSPT Flex Route Selection Additional Pattern 50 RXR++ Centrex Primary Station Lines 50 AAFTX Trunking for Centrex Lines 50 AAF Basic Centrex Access 50 E9GUR Call Forward, Don't Answer - Unrestricted Source 50 E6GUR Call Forward Busy - Unrestricted Source * EAT Call Forward, Variable * ESMCS Call Forward, Unlimited 50 EAB Call Hold 50 E3P Call Pickup each Station 50 E3N Call Pickup per Group 50 E8A Call Transfer/3-Way/Consultation 50 I IL Touch Tone each Station The combined quantities of these two features shall not exceed 50. C. Optional System and Line Features 40* ** Centrex Inside Wire Installation 40* ** Mini -modular Indoor Jack 50* RPB Centrex Inside Wire Repair and Maintenance Except behind Customer provided equipment Addendum No. 308 Page 5 of 6 VII. RATES AND CHARGES A. Minimum Quantity of Station Lines The minimum number of Centrex station lines to be maintained shall be 50. If Customer elects to decrease the Service to less than the minimum quantity of 50 lines, Customer shall continue to pay the rates and charges for such quantity, as set forth in this Addendum. B. Recurring and Nonrecurring Rates and Charges * 1 Recurring. Rate The monthly recurring rate per Centrex station line shall be based upon the actual number of lines in service, pursuant to Modification No. 4 of Exhibit 23. The rate is presently $13.90. 2 Contract Administration Fee In addition to the monthly recurring rate, Customer shall be responsible for payment of the Contact Administration Fee, presently $0.75 per Centrex station line, which was established by Exhibit 23, as modified. 3 Nonrecurring Charge a. The nonrecurring charge for the minimum quantity of Centrex station lines shall be $50.00 per line. b. Subject to Exhibit 23, Section 7.a. and where facilities and conditions permit, additional Centrex station lines, as described herein, may be ordered by Customer. The nonrecurring charge for such additional Centrex station lines shall be $60.00 per line. Rates and charges set forth in this Addendum include applicable Federal Access End User Common Line Charges but do not include CPUC or FCC mandated surcharges or applicable taxes, toll usage or directory listings or other miscellaneous tariff charges. Such additional rates and charges, surcharges and taxes will be billed on a monthly basis, in addition to the rates and charges set forth above. If the Federal Access End User Common Line Charge increases or decreases, the rates and charges set forth above will not change and Customer will continue to be billed such charges. Pacific's Tariff schedule Cal. P.U.C. A2.1.33. surcredits, are not applicable to the rates and charges set forth is these Addendum. Addendum No. 308 Page 6 of 6 VII. RATES AND CHARGES (continued) C. Rates and Charges Effective Date The rates and charges set forth in this Addendum shall commence on the effective date of this Addendum. D. Additional Service Subject to the terms and conditions of the Agreement, Exhibit 23 and this Addendum No. 308, Pacific may provide additional Centrex Service to Customer. The parties hereto have caused this Addendum No. 308 to be executed by their respective duly authorized representatives. CITY OF NATIONAL CITY PACIFIC BELL By: By: Print Name: Print Name: Title: Title: Date Signed: Date Signed: STATE OF CALIFORNIA By: Print Name: Lany J. Rowe Title: Supervising Engineer Date Signed: City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Oct. 6, 1998 AGENDA ITEM NO. 13 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ADJUSTMENT OF THE SALARY RANGE OF CHIEF PARK CARETAKER PREPARED BY EXPLANATION. Staff is recommending that the vacant position of Park Supervisor not be filled at this time and that instead the position be under filled as a Chief Park Caretaker, (a working class supervisor). However, because some Park Supervisor duties will be assigned to the Chief Park Caretaker position, we are also recommending the salary range of the Chief Park Caretaker 92 ($2092-$2542/mo.) be adjusted to Range 98, ($2205 - $2680/mo.). The position of Chief Park Caretaker already exists, but was one of the cuts made several years ago during the budget crunch. The position is a working, hands on position. It calls for expertise in all park related duties and requires the ability to lead park crews in accomplishing special projects and special events. The recommended salary adjustment would make the position of Chief Park Caretaker second in the division to that of the Park Superintendent. The range of the Park Supervisor position 'is 109. This will result in an annual savings of approximately $3,500 or 11%. If approved, the position will be filled through a Closed Promotional process. JIM RUIZ / 'L(A—rN DEPARTMENT PARKS & RECREATION Environmental Review x N/A Financial Statement Will result in an annual savings of approximately $3,500. Account No STAFF RECOMMENDATION Approve resolution BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No 98-139 •100 (0. e.. 4/801 RESOLUTION NO 98-139 RESOLUTION OF THE CITY COUNCIL OF 1't1E CITY OF NATIONAL CITY APPROVING AN ADJUSTMENT OF T i SALARY RANGE OF CHIEF PARK CARETAKER BE IT RESOLVED by the City Council of the City of National City that the salary range for the classification of Chief Park Caretaker be adjusted from Range 92 (current salary of $2092- $2542 per month) to Range 98 (current salary of $2205 - $2680 per month), effective immediately. PASSED and ADOPTED this 6' day of October, 1998. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: _ George H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 6, 1998 ITEM TITLE STAFF REPORT ON STATE PARK GRANT PREPARED BY JIM RUIZ EXPLANATION. AGENDA ITEM NO. 14 DEPARTMENT PARKS & RECREATION I was officially notified on September 21, 1998 that we have been awarded a grant of $270,875 (originally $275,000 minus a 1.5% administration cost for the State). This grant is for two park projects. According to the office of Steve Peace, they are allocated as follows: $175,000 Rehabilitation of two scoreshacks/concession stands utilized by the Little League and Pony League in Kimball Park $100,000 Installation of an automatic irrigation system for two baseball fields, new fencing and dugouts for Las Palmas park. Attached is a memo from Mr. Peace's office clarifying the funding. I anticipate getting the ncesssary paperwork to the State, including a Resolution from the City Council, in the next few months. Environmental Review Financial Statement N/A x N/A Account No TAFF RECOMMENDATION Receive and file. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No Memo from the office of Steve Peace A.::0 r e. '/90, STATE CAPITOL SACRAMENTO. CA 956I4 ' 9 11.I 445-6767 7877 FAAKriAY ORIVE LA MESA. CA 91942 PHONE G 19.4.53.0242 FAX o 1 9.463 0245 430 DAVIO'r-'CN STREET SUITE E CHULA VISTA CA OIGiO FHC. NE 13 ' 9.- C7 70SC FAX 619-425 72459 SUITE. 1S EMAIL: 3ENAT68 ACACEN5EN CA GOV iv1ifurnit EXiil±.E SENATOR STEVE PEACE FORTIETH SENATORIAL DISTRICT FAX TRANSMISSION COVER SHEET/� DATE:y27 FROM: 54 ef-e- m TO: / /,14- X K-- PAGES INCLUDING COVER SHEET: 2- CHAIPMAN 1Jr COMMITTEE ON ENERGY UTILMuN ANC OCIMMYNICATIONN BIJOCET AND 1'15CAL REP EW ,Utu:OMMITTEE 44 cat. LEOISLATIvt:. EXECUTIVE. PUBLIC SAFETY ANO O ENCMAf- i.OVEPNMEN I JOINT CDMMITTEES.ATION wnta11ERS' COM _N M,:AItER OF n ,RIc:: L:uRE AMO `.OATCR RESOURCES RUOCE! ANO 1.I8CAL REVIEW iN?:URANCE J01NT COMMITTEE ON LEOIau'TIVE AVOIT SELECT CGMMITn I. ON MANITIME I NOUSTRY ADDITIONAL INFORMATION: If transmission not complete, please call (619) 463-0243. TO: JIM RUIZ RE: PARKS :&.RECREATION GRANTS APPROVED National City Las Palmas Park Request: $100,000 Irrigation System for Ballfields, New Fencing, Dugouts Kimball Park Request: $175,000 Two Scoreshacks/Concession Stands City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE ectober 61998 AGENDA ITEM NO 15 , ITEM TITLE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR FISCAL YEAR ENDING 1996-97 PREPARED BY Marylou Matienzo DEPARTMENT Finance EXPLANATION Director of Finance The Certificate of Achievement for Excellence in Financial Reporting has been awarded again to the City of National City for fiscal year ending 1996-97 by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CA1~R). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 12,625 government financeprofessionals with offices in Chicago, Illinois and Washington, D.C. Environmental Review N/A Financial Statement Not applicable. Account No. TAFF RECOMMENDATION Staff recommends to receive and file BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No A copy of the Certificate of Award 4-700 :Rev a/P0, Certificate of Achievement for Excellence in Financial Reporting Presented to City of National City, California For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1997 A Certificate of Achievement for Ex_llence in Financial Reporting is presented by the Govern it Finance Officers Association of the United States and Canada to government units and public emp;ovee retirement systems whose comprehensive a=ual financial reports (CAFRs) achieve highest standards in government accountine and financial repor c. Executive Director The Government Finance Officers Association of the United States and Canada presents this AWARD dF FINANCIAL REPORTING ACHIEVEMENT to: Marylou Matienzo Director of Finance City of National City, California The Award of Financial Reporting Achievement is presented by the Government Finance Officers Association to those individuals who have been instrumental in then r government unit achieving a Certificate of Achievement for Excellence in Financial Reporting. A Certificate of Achievement is presented to those government units whose annual financial reports are judged to adhere to program standards and represents the highest award in government financial reporting. Executive Director Date October 22, 1997 EXPLANATION_ City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Oember 6, 1998 AGENDA ITEM NO 16 ITEM TITLE CERTIFICATE OF AWARD FOR OUTSTANDING FINANCIAL REPORTING FOR FISCAL YEAR ENDING 1996-97 PREPARED BY DEPARTMENT Marylou Matienzo Finance Director of Finance The City of National City is again the recipient of the Certificate of Award for "Outstanding Financial Reporting 1996-97" from the California Society of Municipal Finance Officers. This recognition is given to certain cities out of the 457 members based on the quality and accuracy of the financial report in conformance with the professional standards established by the Government Accountancy Board, Government Finance Officers Association and the California Society of Municipal Finance Officers Committee. The city's financial statements presents the financial position of National City in all material aspects which is the result of its operations as it conforms with generally accepted accounting principles. This is an award that we should all be proud of receiving because it is a reflection of sound financial management of the city. We aim to continue bringing this honor to the city. Environmental Review N/A Financial Statement Not applicable. Account No. TAFF RECOMMENDATION Staff recommends to receive and file. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No A copy of the Certificate of Award A-i00 ;Re,. . 0/801 California Society of municipal 3in.ance Officers Certificate of Award Outstanding Financial Reporting 1996-97 Presented to the City of National City This certificate is issued in recognition of meeting professional standards and criteria in reporting which reflect a high level of quality In the annual financial statements and in the ► nderlping accounting system from which the reports were prepared. February 23,1998 Chair, Professional & Technical Staselle Committee A"441\ Dedicated to EVCallanee In Municipal IrInanclal Management City of National City, California COUNCIL AGENDA STATEMENT October 6, 1998 MEETING DATE AGENDA ITEM NO 17 1 ITEM TITLE TEMPORARY USE PERMIT - NATIONAL CITY FIRE FIGHTERS ASSOCIATION PREPARED BY Michael Bouse, Director EXPLANATION. DEPARTMENT Building and Safety This is a request from the National City Fire Fighters Association (FFA) to hold its annual Spirit of the Holidays breakfast fund raiser and food/toy distribution. The breakfast will take place at the National City Fire Department Station No. 10 on Saturday, October 31, 1998, from 6:00 a.m. to 12:00 noon. Proceeds from the breakfast will be used to provide gift baskets and food for needy families in National City during the upcoming holidays. The distribution of food and toys is scheduled to occur at the Senior Center on December 18. This request includes permission to static display the Seagraves fire truck at the Senior Center on December 18. The Seagraves display will necessitate the attendance an one engine company crew which will be on paid status ($190/ four hours) and available for emergency responses. The FFA is asking that the City of National City act as a co-sponsor of the event and, in so doing, waive the Temporary Use Permit fees and insurance requirements. Under the City's Special Events Insurance Program, the premium cost of the insurance is $87.18, plus $90.00 City processing costs, for a total insurance cost of $177.18. The event and sponsoring organization meet the criteria of City Council Policy No. 704 for a waiver of fees. The City co -sponsored last year's event, therefore the insurance requirement was waived. Environmental Review X N/A Financial Statement The City has incurred $117.00 in T.U.P. processing costs. In addition, the attendance of one engine company crew on paid status at the Senior Center on December 18 will cost $190 for four hours. Account No N/A GAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to i compliance with all conditions of approval, approve the static display of the Seagraves fire truck and waive the costs associated therewith, waive the $117.00 T.U.P. processing, fee, and grant the request for the City to co- sponsor the event and waive the insurance requirements. BOARD/COMMISSION RECOMMENDATION N/A ATTAC:- MENTS (Listed Below) Resolution No Application For A Temporary Use Permit with recommended approvals and/or stipulations. A200-1. DOC / 001-3585.13000 CITY OF NATIONAL CITY BUILDING & SAFETY 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 APPLICATION FOR A TEMPORARY USE PERMIT APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW. When completed and signed by the Director of Building and Safety, this form becomes a permit. Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management of a specific list of temporary land that uses have exceptional characteristics requiring their review and limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section 15.60.045. Application for a Temporary Use Permit must be filed 15 working gya prior to the commencement of the activity/event. Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less than six (6) months prior to the requested activity/event. PLEASE COMPLETE (Print or Type): SPONSORING ORGANIZATION(s): ORGANIZATION ADDRESS: SPECIFIC USE REQUEST: JUSTIFICATION: _may WAIVER OF FEES REQUESTED: YES[X] �io,V9 L �f Trey ii ors .1c7C9" 27YY ,O ..oX /-2 /G if/ C r/9s/ .t/r7:4o City C GyY CA-�/'/YS/ PHONE: l'77— ��/C City J Slate Zip LOCATION OF EVENT: .7-3...7 cc- ZL,� `t ,1/4 c7 .-7.<1 rj DATE/TIME PERIOD REQUESTED FOR EVENT: FROM /0/.�/iY TO /O/-P/A, REQUEST FOR EXTENSION: FROM TO HOURS OF USE: 06.OU A.M./P.M. TO /. O A.M./P.M. BRIEF DESCRIPTION OF EVENT: Pii//C.+.4C -2rr�.Le J7 �.7lir.cnser (A brief summary of the event/activity may be attached to the application) s77n;:i / o f e ✓ ar (If "YES' complete attached supplemental questionnaire form) NO( REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES( I NC(>G1 (circle one) WILL FOOD CR BEVERAGES BE SOLD: YES(j>l NO( ] WILL MERCHANDISE SOLD BE SOLD: YES( 117er+a-rr a-t WILL ADMITTANCE BE CHARGED: YES( I NO(j(I MORE THAN ONE VENDOR PARTICIPATING: YES( STATEMENT OF FUTURE INTENTION (MOBILE UNITS): FACILITIES (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING: NOISE. CROWD, TRAFFIC CONTROL: (Note: Consumption or sale of alcohol beverages in City Parks is prohibited.) NC()C1 NOKI SECURITY CONTROL: PARKING/BARRICADES EXTERIOR LIGHTING: i TRASH CISPOSALISITE CLEAN-UP AFTER EVENT: SANITARY FACILITIES. y ;Nine• If requesting to use City streets or ❑rotoily . please attached a moo or site Dian hi -lighting the route or area to be used.) PLEASE COMPLETE (Pnnt or Type) NAME OF APPLICANT: /r.4�or4- f .7 +� ..//� ,/r�O'- J '`L _2,-5-•y ADDRESS: 'PC /TO,G/.�'/L J� C- c ..F.SY PHONE; S/77'3f-/C SIGNATURE OF APPLICANT: a •L—, % DATE: P-, E C ' (FOR OFFICE USE ONLY) PERMIT FEES: PERMIT NO.: USE GROUP: A USE CLASS: A BOND: N/A PERMIT EXPIRATION DATE: SPECIFIC STIPULATIONS / COMMENTS: (See Attached) (DATE APPLICATION RECEIVED) BUILDING AND SAFETY SEi RECEIVED S E P 1 1 1998 NATIONAL CITY. CALIF. APPROVALS (Check Where Applicable): 5— Dam lash Oa,a weal. Dam Waal Dam INaa, wale maa Out iu> .n gal Nroal PLANNING YES ( ] NO [ ] SEE STIP [ FIRE YES [ ] NO ( ] SEE STIP I PUBLIC WORKS YES ( ] NO [ ] SEE. STIP FINANCE . YES [ ] NO [ ] SEE STIP [ POLICE YES [ ] NO ( ] SEE STIP ( PARKS & REC. YES [ I NO [ ] SEE STIP DateENGINEERING YES [ I NO [ ] SEE STIP ( j CITY ATTORNEY YES ( J NO [ ] SEE STIP RISK MANAGER YES ( ] NO ( I SEE STIP [ ] as COMMUNITY DEVELOP. YES [ ] NO [ i SEE STIP I DEPT. OF TRANS. YES [ ] NO [ ] SEE STIP ; Data CITY COUNCIL MEETING DATE. October 6, 1998, 3:00 o.m. TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ ] WAIVER OF FEES; APPROVED [ ] DENIED ( ] MICHAEL SOUSE, DIRECTOR BUILDING & SAFETY DATE City of National City Building & Safety Department 1243 National City Boulevard National City, CA. 91950 TEMPORARY USE PERMIT FEE WAIVER REOUEST SUPPLEMENTAL OUESTIONNAIRE City Council Policy No. 704 contains the criteria for granting waivers of T.U.P. processing fees by the City Council. This Supplemental Questionnaire will be used to evaluate whether the event or sponsoring organization for a T.U.P. meet the criteria for a fee waiver. Accordingly, please answer all questions fully and completely. City Council Policy No. 704 The City Council shall waive T.U.P. processing fees only in the case of a non-profit organization, and when such organization can demonstrate that the event for which the T.U.P. is requested will not generate any income to the organization, or that the net proceeds of the event for which the T.U.P. is requested result in: 1. direct financial benefit to an individual who resides or is employed in the city, and who is in dire financial need due to health reasons or a death in the family; or 2. direct financial benefit to city government such as the generation of sales tax; or 3. direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club; or 4. direct financial benefit to an organization which has been the direct recipient of City or Community Development Block Grant (CDBG) funding. PLEASE FULLY AND COMPLETELY ANSWER THE FOLLOWING: I. Is the event for which the T.U.P. is sought sponsored by a non-profit organization? X YES (If YES, please proceed to Question No. 4) NO (If NO, please sign the bottom of this form and submit this form with the T.U.P. Application to the Building & Safety Department) 2. If the answer to Question No. I was YES, please state the name and type of organization sponsoring the event for which the T.U.P. is sought and then proceed to Question No. 3. Name of Sponsoring Organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds to the sponsoring organization? ./q YES (If YES, please proceed to Question No. 4) NO (If NO, please sign the bottom of this form and submit the with the T.U.P. Application to the Buiidin_ & Safety Department) 4. If the answer to Question 3 is YES, will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? YES (If YES, please provide explanation and details in space provided below) )( NO (IfNO, please proceed to Question No. 5) If YES, please explain who is to benefit from the proceeds and the general nature of the financial hardship: 5. Will the event provide a direct financial benefit to city government such as the generation of sales tax? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please proceed to Question No. 6) If YES, please explain how the direct financial benefit to the city will occur: 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? x YES (If YES, please provide explanation and details in space provided below) NO (If NO, please proceed to Question No. 7) If YES, please explain the organizations that are to benefit from the proceeds of the event and how the proceeds will be used by those organizations. �v lL `.%O CCC UI /J•l -��- fxcop�o:, 74- MalCr,.c� -v .r✓Pagel !'��7 �� c T S��nor> T�i c c /� �—,//el liri�l /rr it/ C. 7. Will the proceeds provide a direct financial benefit to an organization which has been the direct recipient of City of Community Development Block Grant (CDBG) funding? YES (If YES, please provide explanation and details in space provided below) x NO (If NO, please sign the bottom of this form and submit the with the T.U.P. Application to the Building & Safety Department) If YES, please state the year the City of Community Develop Block Grant (CDBG) funds were received and how those funds were used: Year funds were received. Funds were used to DATE SIGNA URE CITY OF NATIONAL CITY PUBLIC PROPZRTY UBB HOLD HARK ZBB AND IXDUNITICATIOM AORB2MI?T Persona requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization A%7 / 675; ire 4! rr , s.JOC Z.00CA.L z7% Person in charge of activity �j .-Z �7� (P&,Tckz Address ,0 .&x /J'/6 AA: 9/57r/ Telephone 4'77-3k/L City facilities and/or property requested Date(s) of use Oct31 / 19 S' HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City and the Parking Authority of the City of National City harmless and indemnify the City of National City and the Parking Authority of the City of National City from and against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permittee or permittee's agents, employees or contractors. :AIK(7--/ ---•ram Signature of Applicant Certificate cf Insurance approved 198712 Official Title Date August 6, 1998 To: From: Subject: Michael Souse Dan Gradillas A-200 Mike, last year you suggested that we submit our request directly to you with our needs to support the Spirit of Holidays Program. I've enclosed a copy of last years A-200 along with an Application for TUP and a TUP Fee Wavier Request. I thought turning it in early this year would avoid complications. The National City Fire Fighter's Association (FAA) .is requesting to hold its annual Spirit of the Holidays breakfast fund raiser at 333 E. 16th in the Fire Station on Oct. 31, 1998 and request 15 tables and 100 chairs from the Public Works Dept. We would ask the tables and chairs be either delivered to the Fire Station in the afternoon on Oct. 30th or loaded on one of their tricks and available for pick up on Oct. 30th. The Fire Fighter's Association will pick them up if need be and ensure that they are returned to Public Works by 10 AM on Nov. 2nd. (This is how we had done it in the past). We would also like to request the use of the Seagraves fire truck as a display along with one engine company and crew to support the food/toy distribution event at the Senior Center on Dec. 18, 1998 between the hours of 8:30 AM and 12 noon. The FFA is asking the City of National City to serve as co- sponsor of the event and, in so doing, waive both Temporary Use Permit fees and insurance requirements. I hope this will facilitate a smoother transition of the paperwork process. Thank you for your assistance. Please call me at Ext. 4275 if you have any questions. CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: National City Fire Fighters Association DATES OF ACTIVITY: October 31 (Breakfast fund raiser), December 18, 1998 (Food/Toy Distribution) TIME: 6:00 a.m. to 12:00 noon APPROVALS: FIRE PUBLIC WORKS FINANCE POLICE CITY ATTORNEY RISK MANAGER YES [x] NO [ ] YES[x] NO[ ] YES [ ] NO [ ] YES[x] NO[ ] YES [ ] NO [ ] YES [ ] NO [ ] SEE SIP/COMMENTS [ ] SEE SIP/COMMENTS [ x SEE SIP/COMMENTS [ x SEE SIP/COMMENTS [ ] SEE SIP/COMMENTS [ x ] SEE SIP/COMMENTS [ x ] SPECIFIC STIPULATIONS: PUBLIC WORKS 336-4360 FINANCE 336-4260 1. A business license is required if monies are solicited, admittance charged or food, beverages or merchanLise is sold. Each separate vendor must have a separate business license. 2. If the church is currently licensed, they may operate on that existing license. If there are other vendors or organizations participating and they are registered not -for -profit there will not be a charge for their busintEs license. Any for -profit business, must pay for the business license. CITY ATTORNEY 1. Requires hold harmless. and policy of general liability insurance with the City and its officers. employees and volunteers as additional insureds, with amount of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. including product liability coverage. 2. Name the City of National City, its officials, employees, agents and volunteers as additional insureds on policies. 3. Execute standard hold harmless. (Done) PUBLIC WORKS 336-7360 1. Public Works can load tables and chairs for pick up on October 30. TUPAP= =JC City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 6, 1998 AGENDA ITEM NO. 18 ITEM TITLE TEMPORARY USE PERMIT - SEAFOOD CITY SUPERMARKET PREPARED BY Michael Bouse, Director . DEPARTMENT Building and Safety EXPLANATION This is a request from Seafood City Supermarket to conduct its annual Filipino -Mexican cultural show and singing contest in the parking lot at 1420 E. Plaza Blvd., from 10:00 a.m. to 10:00 p.m., on Saturday, October 24, 1998. The applicant has advised the event is free, all food and prizes are donated, and the only sales will be conducted by non-profit organizations and service clubs as a fund-raising effort. The applicant indicated that some National City service clubs and civic groups would be involved in the event. X Environmental Review N/A Financial Statement The City has incurred $150.00 in costs for processing the T.U.P. Application through various City departments. N/A Account No STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD/COMMISSION RECOMMENDATION N/A A i TACNMENTS t Listed Below) Resolution No Application For A Temporary Use Permit with Recommended Approvals and/or Stipulations A200-2 001-3585-13000 CITY OF NATIONAL CITY BUILDING & SAFETY 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 APPLICATION FOR A TEMPORARY USE PERMIT APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW. Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management of specific list of temporary land uses have exceptional characteristics requiring their review and limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section 15.60.045. Class A & B use Application for a Temporary Use Permit must be filed 15 working days prior to the commencement of the activity/event Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less than six (6) month prior to the requested activity/event. PLEASE COMPLETE (Print or Type): SPONSORING ORGANIZATION(s): SE.A\—OOfl CITY SOFERHARkET ORGANIZATION ADDRESS: 14 2 0 TA. A7-.4 '2,,-- V P. , kit \ E C. N AT (t,-i Ar , c- Ty City State Le GG LOCATION OF EVENT: 1 '20 E ♦7LA214 6Q�'D .�Ai'L CiT1 C4 DATE(S) REQUESTED FOR EVENT: FROM t 0 — 2�— -2 1 p TO CA Gl (I Sa PHONE( btq) ?7 - 6 Off' D HOURS OF USE ON DAY OF EVENT: FROM I (O `. 00 A.M. la*-- TO I D D. O D Azar/ P.M. • (BEGIN SETUP) DATE TIME A.M. / P.M. — ( END SETUP) DATE TIME A.M./P.M. (BEGIN TE4PDCWN) DATE TIME A.M. /P.M.— ( END TEAPDO,,WN) DATE TIME A.M./P.M. BRIEF DESCRIPTION OF EVENT: F \ STAt F \ L)-F) l�``/ 1 A. XI C iQ S i N G t c-o SITES"T (A brief summary of the event/ may be requested. A summary of the event activity may be attaened to the application) NAME OF PERSON RESPONSIBLE FOR THE EVENT, WHO WILL BE ON -SITE THE DAY OF THE EVENT: HOW MAY THIS PERSON BE CONTACTED? /' SPECIFIC USE REQUEST:( rkS k'N/k JUSTIFICATION: REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES( ] NO[4— WILL FOOD/ DRINK BE SOLD: YESr- NO[ ] (Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event recuihng a T. . LOP. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings in the parks. such as the Community Center, which will continue to be subject to the approval of the City Council.) WAIVER CF FEES REQUESTED: YES [ ] NO [/' (If'YES- complete attachea supplemental questionnaire foam FACILITIES (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING: NOISE. CROWD. TRAFFIC CONTROL: SECURITY CONTROL: o.ARKING/E.ARRICADES. EXTERIOR LIGHTING/ELECTRICAL: _Cf L ry J TPA.' SH DISPOSAL SITE CLEAN-UP AFTER EVENT. c��C IJd SANITARY F.aC:L;TIES. ' L1< s'CCrJ Srt�P rlt'C; +\G A t�Lj PLEASE COMP' ETC (Pont or Type) NAME OF APPLICANT: SAh'0 l� 0 C-j ADDRESS: VW � . � LA- ',L\ lV1) ./ 1,`C(ZN46160417-60Fc./ SIGNATURE OF APPLICANT:DATE :q- (THIS FORM BECOMES A PERMIT WHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR) (FOR OFFICE USE ONLY) PERMIT FEES: $150.00 /Paid PERMIT NO.: USE GROUP: A USE CLASS: A BOND: N/A PERMIT EXPIRATION DATE: SPECIFIC STIPULATIONS/ COMMENT$: (See Attached) RECEIVED DATE STAMP BUILDING AND SAFETY DEFT. RECEIVED SEr 1 1 1998 NATIONAL CITY, CALIF. APPROVALS / STIPULATIONS (Check Where Applicable): PLANNING YES [ ] NO [ ] SEE STIP IP [ Iniaal Date FIRE __. n; YES ( ] NO [ ] SEE STIP IP [ Initial Date PUBLIC WORKS YES [ ] NO [ ] SEE STIP Initial Date FINANCE YES [ ] NO [ ] SEE STIP [ Initial Date POLICE' YES [ ] NO [ 1 SEE STIP Initial Date PARKS & REC. YES ( ] NO [ 1 SEE STIP Inrta1 Date ENGINEERING YES [ 1 NO [ ] SEE STIP [ Inttial Date CITY ATTORNEY YES [ j NO [ ] SEE STIP Initial Date RISK MANAGER YES [ ] NO [ ] SEE STIP Initial Date COMMUNITY DEVELOP. YES [ 1 NO [ ] SEE STP mltia Date Inmal Date OTHER YES [ j NO [ ] SEE STP [ CITY COUNCIL MEETING DATE: TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ j WAIVER OF FEES: APPROVED [ ] DENIED [ ] PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ] COMMENTS: MICHAEL SOUSE. BUILDING & SAFETY DIRECTOR DATE CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Seafood City Person in charge of activity Address 1420 E. Plaza Blvd., National City, CA Telphone 477-6080 Oates) of use October 24, 1998 HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City and the Parking Authority of the City of National City harmless and indemnify the City of National City and the Parking Authority of the City of National City from and against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permittee or permitee's agents, employees or contractors. Kite - Official Title 'Date (For Office Use Only) Certificate of Insurance approved ' 98 CERTIFICATEL,OE1 NSU RANCE Alt111:1), ROOKER Schell & Eggert 7901 Raytheon Rd San Diego, CA 92111 (619) 541-7177 SURE!) FORTUNE COMMODITIES CORP ETAL 3658 S. NOGALES WEST COVINA, CA 91792 THIS CERTIFICATE IS ISSUED CONFERS NO RIGHTS UPON T DOES NOT AMEND, EXTEND POLICIES BELOW. • - a------ . r • r•• : hil• I • ' .1'.. SUE DATE iMMItC," in29 8 Lvi-hNEY E CERTIFICATE HOLDER. THI ALTER THE COVERikGE AFFORDED BY COMPANIES AFFORDING COVERAGE COMPANY A FIDELITY & GUARANTY INS CO LETTER COMPANY CAL COMP LEI itH COMPANY c COMPANY D LETTER COMPANY E Lti ft.t1 E • • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. OWNER'S & CONTRACTOR'S PROT. AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY' UMBRELLA Pi.)RM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND Emptow_Rii-tbusurr---_ OTHER DRE30027412801 POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DONY) DATE (MMADONY) UP.UTS 06/03/98 06/03/99 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMPlOP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) s 2,000,000 S 1,000,000) S 1,000,0001 $ 300,000) DRE30027412801 06/03/98 06/03/99 MED. D(PaISE (Any one person) 1,0001 COMBINED SINGLE LIMIT $ 1, 000, OC:] BODILY 'NJURY (Per perwn) BODILY NJRY (Per sop:cent) PROPERTY DAMAGE EACH OCCURRENCE S a AGGREGATE W97C167867 12/01/97 12/01/98 X STATUTORY UMITS EACH AC:TLENT 3 1, 000, DISEASE. ROLICY LIMIT 1,000, 000) DISEASE - EACH EMPLOYEE 1, 0 0 0, 0 C CI CRIPTION OF OPERATIONS/LOCATIONSNEHICLF-S/SPECIAL ITEMS RE: FILIPINO CULTURAL FESTIVAL OCTOBER 24, 1998 LOCATION: SEAFOOD CITY, NATIONAL CITY CA ** Cancellation For Non Payment, Ten Day Notice** F11F1CATE HOLDER CANCELLATION TY OF NATIONAL CITY 43 NATIONAL CITY BLVD TIONAL CITY, CA 91950 ORD 25-9 (7/90) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO T--E LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAL!. ,MPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE . 4.. T.A.010 CORPORATION 199.0 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS/COMMENTS SPONSORING ORGANIZATION: Seafood City Supermarket DATE OF EVENT: October 24, 1998 TIME OF EVENT: 10:00 a.m. to 10:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE STIP/COMMENTS [ ] FIRE YES [ x ] NO [ ] SEE STIP/COMMENTS [ x ] FINANCE YES [ ] NO [ ] SEE STIP/COMMENTS [ x] POLICE YES [ x ] NO [ ] SEE STIP/COMMENTS [ ] SPECIFIC STIPULATIONS / COMMENTS: FIRE 336-4270 1. Fire Department access to be maintained at all times. 2. Access to Fire Protection equipment must be maintained at all times--15 feet. (Fire Hydrants, Fire System connection, etc.) 3. If tents have an area in excess of 200 square feet and 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 are to be flame-retardant treated and a permit from the Fire Department must be obtained. Permit fees are $65.00 FINANCE 336-4260 1. A business license is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each separate vendor must have a separate business license. 2. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. TUPAPRV2.DOC City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 6, 1998 AGENDA ITEM NO 19 IT M TITLE NOTICE OF DECISION - CONDITIONAL USE PERMIT FOR THE SALE OF 1MFORI L) BEER AND WINE AT A SPECIALTY MARKET AT 1727 SWEETWATER ROAD, SUITE "A". APPLICANT: MASANOBU YA.IIMA CASE FILE NOS.: CUP-1998-6 PREPARED BY Harold Phelps DEPARTMENT Planning EXPLANATION _ The applicant requests a CUP for the sale of imported (Japanese) beer and Saki for off -site consumption, as an incidental use to an existing 1215 sq. ft. Japanese gift shop and food store in Sweetwater Plaza. The Planning Commission approved the request at the August 17, 1998 public hearing, subject to compliance with several conditions. Conditions include limiting the alcohol display to a 12 sq. ft. area. No alcohol related signage outside or inside the store can be visible from the exterior of the suite. In addition, the sale of alcoholic beverages is restricted to Japanese beer and Saki, sold at room temperature. Also, any change in the character of the operation would require Planning Commission approval, and the permit will become null and void if operations are discontinued for 6 months or longer. The Police Department provided written objection to approval of the application, stating that the suite is located in a high crime area, and not concurring with the finding of public convenience and necessity. Environmental Review Financial Statement N/A Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission's decision. BOARD/COMMISSION RECOMMENDATION Planning Commission voted to approve the Conditional Use Permit Vote: Ayes - unanimous ATTACHMENTS (Listed Below) Resolution No 1. Resolution 2. Location Map n.aa (a e. a/801 RESOLUTION NO. 11-98 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA. APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF IMPORTED BEER AND WINE AT A SPECIALTY MARKET AT 1727 SWEETWATER ROAD, SUITE "A" APPLICANT: MASANOBU YAJIMA CASE FILE NO. CUP-1998- 6 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the sale of imported beer and wine at a specialty market at 1727 Sweetwater Road, Suite "A," at a duly advertised public hearing held on August 17, 1998, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-1998-6, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and. WHEREAS. this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 17, 1998, support the following findings: 1. That the site for the proposed use is adequate in size and shape. since the use would be established in an existing commercial building suite where minimal floor space is needed to accommodate the proposal. No significant increase in demand for parking is expected. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use. since access is provided from Sweetwater Road. an arterial roadway with sufficient capacity to handle the less than significant increase in traffic expected. That the proposed use will not have an adverse effect upon adjacent or abutting properties. since the subject suite is surrounded by compatible commercial uses to the east, south. and west and is oriented away from residential uses to the north (Lincoln Acres). The sale of beer and wine will be an incidental use to the sale of food items within the existing market. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities to purchase items deemed to be in demand by customers, which otherwise are in limited availability to the community. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. Sales of all types of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. to 6:00 p.m. Tuesday through Saturday, and 10:00 a.m. to 4:00 p.m. on Sunday. 2. Beer, malt beverages, and wine coolers in containers of 16 oz. or less shall not be sold in single containers, but must be sold in manufacturer's pre -packaged multi -unit quantities. 3. The sales of beer or malt beverages in quantities of quarts. 22 oz., 32 oz., 40 oz., or similar size containers is prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. 4. No alcoholic beverage shall be consumed on the applicant's premises, and possession of open container alcoholic beverage is prohibited on any property adjacent to the applicant's premises under the control of the applicant. 5. There shall be no cups, glasses, or similar receptacles sold, furnished with purchase or given away at the applicant's premises commonly used for the drinking of beverages. in quantities not less than 24, in their original multi -container packages. 6. All ice shall be sold at or about prevailing prices in the area and in quantities of not less than five pounds per sale and shall not be given away for free. 7. The display of beer and wine beverages shall be limited to the area shown on Exhibit A. Case File No. CUP-1998-6. dated 7/15/98, not to exceed the 12 sq. ft. shown. 8. Use of the property shall be limited to a Japanese gift shop and food market with the sale of Japanese beer and Saki as an incidental use. 9. Alcoholic beverages which may be sold are limited to Japanese beer and Saki. 10. There shall be no exterior advertising or sign of any kind or type. including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. I I. The applicant shall keep the property adjacent to the licensed premises clear of newspaper racks. benches. pay telephones. bicycle racks. and any other object which may encourage loitering. 12. All alcoholic beverage to be sold on premises shall be maintained at room temperature and shall not be stored within a cooler, ice box. refrigerated display case or any similar depository enabling or encouraging the immediate consumption of such products. 13. Planning Commission approval of a new or modified Conditional Use Permit shall be required for any significant change in mode/character of the business operation. 14. Except as required or revised by conditions of approval, development plans shall be submirted for review and approval by the Planning Director in conformance with Exhibit A. Case File No. CUP-1998-6, dated 7/15/98. 15. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures as specified in Section 18.116.190 of the Municipal Code. 16. This permit shall expire if the use authorized by this resolution is discontinued for a period of 6 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 17. Before CUP-1998-6 shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the CUP-1998-6. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of CUP-1998-6 are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting. appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 1998, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: LARGE, VALDERRAILA, DETZER, MARTINELLI, BACA, GODSHALK CHAIRMAN — =� II.1 MI Mil M. '.‘'•_:‘, i I II % 3. :: ciii, \.--- I R aC 5 5 ';17,.. ________\ I-- :i r ...ati, s„,;;•00-°` —1- \\--;s1\ \ \ 1 > "I; —GFI i 1 144./i IC -OS : I u cm; I 1. er:.• NATIONAL CITY GOLF COURSE ik,) • 1439 4 i ..... alr SUITE 'A- 1:727 :iropii KYOTO• GIFT & FOOD MARKET 3. ;1 HANAOKA '—•-•-• 7 0 -. 1 ,- .... , RESTAURANT . ...... • 2. , CASA • DE ORO \S • , urte A SCALE: 1" = 200' NORTH 0 50 100 FEET 1528, Suite C • 1717 4. LONG'S DRUG STORE 1730 z cn,L. C 6. DENNY'S RESTAURANT 5. • 7. 1904 PIZZA KOREA HUT FAA4. HOUSE 1838 1908 PROJECT SITE PROPOSED LOCATION mu ZONE BOUNDARY LXI SUITE "A" LOCATION MAP 1727 SWEETWATER ROAD. SUITE "A" CUP-1998-6 NATIONAL CITY PLANNING DRN. DATE: 7/31/98 REVISIONS: HEARING: 8,17 98