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HomeMy WebLinkAbout2002 05-07 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - MAY 7, 2002 - 6:00 P.M. 1 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 APRIL 16, 2002. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 5/7/02 PAGE 2 PRESENTATION Paseo Del Sol Affordable Housing Project — Community Development Commision CRA AWARD FOR "Q" AVENUE & CRA VIDEO SUBMISSION PILLARS OF THE INDUSTRY AWARD (NAHB) AFFORDABLE HOUSING MANAGEMENT ASSOCIATION'S AWARD PROCLAMATIONS Proclaiming May 7, 2002 as: "VETERAN APPRECIATION MONTH" Proclaiming May 8, 2002 as: "PEACE OFFICERS' MEMORIAL DAY" Proclaiming the week of May 5-11, 2002 as: "NATIONAL ARSON AWARENESS WEEK" Proclaiming Tuesday, May 14, 2002 as: "COMMUNITY HEALTH CENTER & CLINICS STATE OF CALIFORNIA SPIRIT OF SUPPORT & PARTNERSHIP DAY" Proclaiming the week of May 19-25, 2002 as: "NATIONAL PUBLIC WORKS WEEK" INTERVIEWS/APPOINTMENTS Housing & Community Development Committee — Appointment COUNCIL AGENDA 5/7/02 PAGE 3 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. CONSENT CALENDAR 1. Resolution No. 2002-58 A Resolution of the City Council of the City of National City accepting the lowest responsive, responsible bid from GTSI Corporation and authorizing award of bid GS0102-7 for seven Panasonic laptop computers and accessories for the Police Department. (Purchasing) 2. Resolution No. 2002-59 A Resolution of the City Council of the City of National City authorizing a sole source purchase of document imaging services from California CD Imaging Center. (Purchasing/M.I.S.) 3. Resolution No. 2002-60 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish two three-foot red "No Parking" zones adjacent to the driveway at 821 East 28th Street. (T. Tafoya, TSC Item No. 2002-8) (Engineering) 4. Resolution No. 2002-61 A Resolution of the City Council of the City of National City approving Change Order Number One, accepting the work and authorizing the filing of a Notice of Completion for the miscellaneous concrete improvements at various locations in the City. (Engineering Spec. No. 00-9) (Public Wors/Engineering) COUNCIL AGENDA 5/7102 PAGE 4 CONSENT CALENDAR (cont.) 5. Resolution No. 2002-62 A Resolution of the City Council of the City of National City approving Change Order Number Six, accepting the work and authorizing the filing of a Notice of Completion for the National City Street Resurfacing Project for Fiscal year 2000. (Engineering Spec. No. 00-8) (Engineering) 6. Resolution No. 2002-63 A Resolution of the City Council of the City of National City approving Change Order Number One, accepting the work and authorizing the Filing of a Notice of Completion for the Bay Marina Drive Sewer Extension Project. (Engineering Spec. No. 01-5) (Engineering) 7. Resolution No. 2002-64 A Resolution of the City Council of the City of National City authorizing the Mayor to execute Program Supplement Agreement No. M003, Rev. No. 1 to Administering Agency -State Agreement No. 11-5066 for the Traffic Signal Interconnect on 30th Street and Euclid Avenue. (Federal Aid Project No. CMLG- 5066 (010) (Public Works/Engineering) 8. Resolution No. 2002-65 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement with Heartland Facility Communications Authority for fire, rescue and emergency medical and dispatching. (Fire) COUNCIL AGENDA 5/7/02 PAGE 5 CONSENT CALENDAR (cont.) 9. Resolution No. 2002-66 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a lease agreement with Sprint PCS Assets, LLC for a portion of Sweetwater Heights Park for the maintenance of a wireless communication facility. (City Attorney/Parks & Recreation) 10. Resolution No. 2002-67 A Resolution of the City Council of the City of National City authorizing a Mills Act Program for historic properties. (Planning) 11. Resolution No. 2002-68 A Resolution of the City Council of the City of National City authorizing the Director of Public Works/Engineering to execute Work Order Number One for design services and construction administration of the City Hall Emergency Generator Upgrade pursuant to the "as needed" contract with BDS Engineering. (Public Works/Engineering) 12. Resolution No. 2002-69 A Resolution of the City Council of the City of National City authorizing and approving the borrowing of funds for Fiscal Year 2002-2003; the issuance and sale of a 2002-2003 Tax and Revenue Anticipation Note therefore and participation in the California Communities Cash Flow Financing Program. (Finance) 13. WARRANT REGISTER NO.42 (Finance) Ratification of Demands in the amount of $1,055,068.98. COUNCIL AGENDA 5/7/02 PAGE 6 CONSENT CALENDAR (cont.) 14. WARRANT REGISTER NO.43 (Finance) Ratification of Demands in the amount of $222,045.25. 15. WARRANT REGISTER NO. 44 (Finance) Ratification of Demands in the amount of $747,155.69. 16. Claim for Damages: Evaline K. Johnson (City Clerk) ORDINANCE FOR INTRODUCTION 17. An Ordinance of the City Council of the City of National City authorizing an amendment to the contract between the City Council of the City of National City and the Board of Administration of the California Public Employees' Retirement System. (City Attorney) URGENCY ORDINANCE 18. An Urgency Ordinance of the City Council of the City of National City amending Title 1, Chapter 1.12 pertaining to Right of Entry for Inspection or Service of Notices, and Stop Work Orders, and Chapter 1.36 pertaining to Abatement of Public Nuisances. (City Attorney) NEW BUSINESS 19. Request for substantial conformance determination for expansion of Horizons Adult Day Health Care the Palm Plaza Shopping Center at 1415 E. 8`t' Street, Suite #5. (Applicant: Marina Murashova) (Case File No.: CUP-2002-22) (Planning) COUNCIL AGENDA 5/7/02 PAGE 7 NEW BUSINESS (Cont.) 20. Temporary Use Permit — Credit Union Buyer Direct --Used Vehicle Tent Sale (Building & Safety) 21. Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale (Building & Safety) —> 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 5/7/02 PAGE 8 NEW BUSINESS (Cont.) CLOSED SESSIONS 1 CONFERENCE WITH LABOR NEGOTIATORS — Government Code Section 54957.6. Agency Negotiators: Roger DeFratis, Jim Ruiz, Ryan Hyland Employee Organization: Municipal Employees' Association 2. CONFERENCE WITH LABOR NEGOTIATORS — Government Code Section 54957.6 Agency Negotiators: Roger DeFratis, Captain Craig Short Employee Organization: Police Officers' Association 3. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION — Initiation of Litigation Pursuant to Government Code Section 54956.9(c) - One Potential Case ADJOURNMENT Public Hearing — Modifications to Parking District "A" — May 14, 2002 at 6:00 p.m. — Martin Luther King Community Center— 140 E. 12th Street, National City, California Next Regular City Council Meeting — May 21, 2002 at 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 t'3.,, C 'rE — • WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, 4 ilwriantation The people of our community have great appreciation, respect and admiration for the many local men and women who served their country in the armed forces of the United States, often at enormous sacrifice to themselves and their family, to protect and preserve the peace and freedoms enjoyed by our community and by all Americans; and Some Veterans have encountered obstacles in readjusting to civilian life; and Veterans, many of them with service connected disabilities, represent a significant share of our state's homeless population; and Veterans possess a wide variety of valuable job qualifications and skills, including experience, maturity, leadership, and loyalty that makes them ideal candidates for employment, and veterans reflect the cultural diversity that embodies the heart of our great community; and Local Veterans Employment Representatives, Disabled Veterans Outreach Program Specialists, and other Employment Development Department Staff are committed to ensuring veterans receive the services and programs to which they are entitled, and to promote employer interest in hiring veterans. NOW, THEREFORE, I, George H. Waters, Mayor of National City, do hereby proclaim May 2002 as: "VETERAN APPRECIATION MONTH" ~► in National City and urge all local employers, organized labor leaders, veterans { organizations, and other government officials to support this worthy campaign to increase employment opportunities for the men and women who have faithfully served our nation in the various branches of the United States military. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City To be affixed this 7t6 day of May, 2002. G� O E H WATERS WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, 1r1rLtttamatit11l Of all the promises America offers, none is more precious or more elusive than the right to be free from crime and violence; and The dedicated men and women who have chosen law enforcement as a career face extraordinary risk and danger in preserving our freedom and security; and During the month of May, National Police Week is observed throughout the nation in order to recognize the hazardous work, serious responsibilities and strong commitment to our nation's peace officers; and In conjunction with this important observance, May 8 is observed as San Diego County Peace Officers' Memorial Day in commemoration of those noble officers who have tragically sacrificed their lives in the line of duty; These special observances provide all Californians with the opportunity to appreciate the heroic men and women who have dedicated their lives in preserving public safety; and This year we give special recognition to California Highway Patrol Officer Michael Linen who lost his life while fulfilling his commitment. NOW THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim May 8, 2002 as: "PEACE OFFICERS' MEMORIAL DAY" in National City and encourage all citizens to remember those individuals who gave their lives for our safety and express appreciation to those who continue to•d'edicate themselves to making National City a safer community in which to live. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City be affixed this 7th day of May 2002. GEO GE H. WATERS Mayor WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, 4 yatrr 1 T1,f` , / 3,1ru ctamation Arson is a serious crime that affects each and every person and can only be stopped when citizens realize the severe damage that Arson causes; and Cities, communities and neighborhoods are blighted by Arson which results in erosion of the tax base and Toss of employment; and Arson has disrupted our educational and manufacturing systems with the destruction of irreplaceable buildings and artifacts; and Natural resources are rendered useless for Tong periods of time or are completely destroyed; and Needless human injuries and deaths are caused by acts of Arson; and A large percentage of property insurance premiums are used to cover the losses from Arson, and tax dollars must be used to pay for fire extinguishments and the investigation of these malicious acts, which is a senseless waste of our precious resources when the majority of the public must directly bare the burden of an individual's criminal action; and The financial loss annually due to Arson reaches billions of dollars, which does not include indirect losses, both emotional and financial, including funerals, medical and legal costs, wages, business interruption, fire fighting and law enforcement efforts which together exceed the direct losses many fold; and Public awareness is one of the specific responsibilities of the International Association of Arson Investigators, Inc. NOW THEREFORE, 1, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim the week of May 5 — 11, 2002 as: "NATIONAL ARSON AWARENESS WEEK" and call upon the people of the City of National City to be active participants in the prevention of Arson. Arson is not a victimless crime, someone always feels the devastation caused by this crime. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City be affixed this 7u' day of May 2002. GEO RGE'H. W TERS - — r ity�- Watttn wi ttg 1r1rL1ttamatWI1 WHEREAS, San Diego's Community Health Centers and Clinics provide a safety net of essential services that protect and improve the public's health of our friends and neighbors in San Diego; and WHEREAS, Community Health Centers and Clinics are dedicated to serving the health care needs of all people in San Diego, regardless of race, sex, sexual orientation, income or insurance; and A strong infrastructure helps assure the consistent delivery of quality health care services to our neighbors; and The Community Health Centers and Clinics recognizes the importance of working in concert with the State of California to help identify and secure the means of delivery of essential health care services; and WHEREAS, The Community Health Centers and Clinics recognizes and deeply appreciates the support of State Assemblyman Gilbert Cedillo and State Senator Richard Alarcon in their assertive support of community clinics through the Cedillo-Alarcon Community Clinic Investment Act; and WHEREAS, The Community Health Centers and Clinics further recognizes the support and spirit of partnership shown by California State Treasure Philip Angelides. WHEREAS, WHEREAS, NOW, THEREFORE, 1, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim Tuesday, May 14, 2002 as: " COMMUNITY HEALTH CENTER & CLINICS STATE OF CALIFORNIA SPIRIT OF SUPPORT & PARTNERSHIP DAY " IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 7" day of MAY, 2002. Georgeol-I. Waters, Mayor w WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, 1,1ru clautatilMi Public works services provided in our community are an integral part of our citizens' everyday lives; and The support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and The health, safety and comfort of this community greatly depends on these facilities and services; and The quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon these efforts and skill of public works officials; and The efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim the week of May 19-25, 2002 as: "NATIONAL PUBLIC WORKS WEEK" ;in the City of National City, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the,Seal of the City of National City be affixed this 7th day of May, 2002. GEORGE, H. WATERS Mayor Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor April 17, 2002 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: HOUSING & COMMUNITY DEVELOPMENT COMMITTEE We have one vacancy on the Housing & Community Development Committee. Ms. Elizabeth Palmer has been interviewed by the City Council and would like to be considered for appointment. If there are no objections, I recommend we appoint Ms. Palmer to the Housing & Community Development Committee for a term ending on April 28, 2004. This item will be placed on the Council Agenda for the meeting of Tuesday, May 7, 2002. GEORGE H. WATERS MAYOR GHW:nu ® Recycled Piper City of National City, California COUNCIL AGENDA STATEMENT n1EETING DATE May 7, 2002 AGENDA ITEM NO. 1 / ITEM TITLE Resolution accepting the lowest responsive, responsible bid from GTSI Corporation, and authorizing award of bid #GS0102-7 for Panasonic Laptop Computers and Accessories for the Police Department. CEnvironmental Review PREPARED BY EXPLANATION Brenda E. HodgesDEPARTMENT Purchasing See attached. X N/A Financial Statement" i FY0102 funds are available. (SLESF Grant) `�4Pproved By/" 7 Finance Director 208-411-000-502-0000 Account No. STAFF RECOMMENDATION That the award be made as recommended, and that authority be given to the Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS ( Listed Below ) Attachment Bid Abstract Email from Panasonic Rep Resolution 2002-58 Resolution No. Explanation: Resolution 2001-192 dated 12/4/01, authorized the appropriation of SLESF grant funds for various technology and equipment purchases, including laptop computers for the Police Department's Automated Field Reporting System. Requests For Bid were issued for seven Panasonic laptop computers and accessories. Bids were mailed to nine (9) vendors, netting six (6) responses, three of which were 'no bid'. Bids were opened and read publicly on April 18, 2002 with no vendors present for the opening. The apparent low bidder, Enpointe Technologies, was responsive, but not responsible, since they are not an authorized dealer of this product. The manufacturer has stated that they will not support a purchase from this company. Therefore, their bid has been disqualified. The bid from GTSI, was for the newer model #CF28, since the CF27's have now been discontinued. The award will be in the total amount of $36,697.49, including tax and delivery. The Bid also contained an option for up to nine (9) additional units at the same price, depending on grant fund availability, and product availability. 1 RESOLUTION NO. 2002 — 58 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST RESPONSIVE, RESPONSIBLE BID FROM GTSI CORPORATION, AND AUTHORIZING AWARD OF BID GS0102-7 FOR SEVEN PANASONIC LAPTOP COMPUTERS AND ACCESSORIES FOR THE POLICE DEPARTMENT WHEREAS, the Purchasing Department of the City of National City did, in open session on April 18, 2002, publicly open, examine and declare all sealed bids for seven (7) Panasonic laptop computers and accessories. NOW, THEREFORE; IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for seven (7) Panasonic laptop computers and accessories to the lowest responsive, responsible bidder, to wit: GTSI CORPORATION BE IT FURTHER RESOLVED that the City Council of the City of National City does hereby authorize the Purchasing Agent to execute on behalf of the City a purchase order between GTSI Corporation and the City of National City for seven (7) Panasonic laptop computers and accessories. PASSED and ADOPTED this 7th day of May, 2002. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor Brenda Hodges --"Rtibject: FW: RN: Panasonic Laptop Bid ---Original Message ----- From: Mike_Sterling@p2c2.com (mailto:Mike Sterling@p2c2.com] Sent: Tuesday, April 30, 2002 9:41 AM To: Brenda Hodges; trangwala@enpointe.com Cc: Sheila O'Neil@p2c2.com; Bill_Salveson@p2c2.com; Greg_Peratt@p2c2.com; Dorla_Ericson@p2c2.com; Michelle Chapin@p2c2.com Subject: Re: FW: Panasonic Laptop Bid Brenda, Enpointe Technologies is NOT an Authorized reseller and is has been . informed of this many times. Enpointe Technologies responded to your ,,._bid knowing that they were not certified to sell this product to you. ioing out and selling non -authorized equipment is why Panasonic has not, and will not, authorize them to sell our products. Mike Sterling District Sales Manager - Public Sector Panasonic Computer Solutions Company 619 296-8819 ABSTRACT BID #GS0102-7 4/19/2002 (A) (B) (C) (D) (E) (F) EARLY 1% LOCAL TOTAL PAYMENT TAX PRODUCT TAX BID DISCOUNT ADJUST. AWARD BIDDER: SUBTOTAL (B*.0775) (B+C) (D*%) (B'.01) (D-E-F) AVAIL Enpointe Technologies T )50 $20,279.80 $1,571.68 $21,851.48 $0.00 $0.00 $21,851.48 10 days cf-z-I Net 30 GTSI *4WD D $34,058.00 $2,639.50 $36,697.50 $0.00 $0.00 $36,697.50 30 days CFz) Net 30 GHA Technologies $35,340.35 $2,738.88 $38,079.23 $0.00 $0.00 $38,079.23 8 days CF25 Net 30 CDCE No Bid Insight No Bid More Direct No Bid Comp USA No Response Byte & Floppy No Response Business Communication Systems No Response City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 7, 2002 AGENDA ITEM NO. 2 ITEM TITLE Resolution authorizing a sole source purchase of Document Imaging Services, from California CD Imaging Center. PREPARED BY Brenda E. HodgesARTMENT EXPLANATION Bernard Yeo See attached Purchasing Mi .S. ( Environmental Review X N/A Financial Statement Funds are available in FY0102 budget. Approved By: `,i A 6 Fi 5sr Director t, 630-4^15-000--229999--00000 Account No. STAFF RECOMMENDATION That the award be made to California CD Imaging Center, and that authority be given to the Purchasing Agent to issue the resulting purchase order. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS ( Listed Below I Explanation Letter: Decision Mgmt Co. dated 4/15/02 Resolution Resolution No. 2002-59 n: y EXPLANATION: Council Resolution #2000-49, dated 4/25/00 authorized the purchase of the Document Imaging System and Questys software, from Decision Management Company. Although City staff is capable of scanning loose documents into the system, there is a need to convert other images into a digital format that is compatible with Questys. These other images include microfilm, microfiche, large plans, bound books, and other items that cannot be manually scanned by city staff There is current need for this service in the Building Department, but it is anticipated that future requirements will involve multiple departments throughout the City. The Building Department estimates that they currently have about 80,000 microfilm cards ($.50 each) and 6,000 plan sheets ($1.40) to scan, for a total of $48,400. Per the attached letter from Decision Management Company, California CD Imaging Center is the only known vendor who converts images that are directly compatible with Questys. Purchasing Ordinance #1480, section 12, subsection a(2), allows the bid process to be waived when the commodity being purchased can only be obtained from one vendor. It is reconunended that we establish this service now, and continue on an 'as needed' basis. RESOLUTION NO. 2002 — 59 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A SOLE SOURCE PURCHASE OF DOCUMENT IMAGING SERVICES FROM CALIFORNIA CD IMAGING CENTER WHEREAS, Resolution No. 2000-49, dated April 25, 2000, authorized the purchase of the Document Imaging System and Questys software from Decision Management Company, Inc.; and WHEREAS, City staff is capable of scanning loose documents into the current system, there is a need to convert other images such as microfilm, microfiche, large plans, bound books, and other items into a digital format that is compatible with Questys; and WHEREAS, California CD Imaging Center is the only known vendor who converts images that are directly compatible with Questys; and WHEREAS, pursuant to National City Municipal Code Section 2.60.220(B), the bid process may be waived when the commodity can be obtained from only one vendor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Purchasing Agent to execute on behalf of the City, a purchase order between the City of National City and California CD Imaging Center for document imaging services PASSED and ADOPTED this '7t day of May, 2002. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Decision Management Company, Inc. 23361 Madero, Suite 150 • Mission Viejo, CA 92691-2715 Telephone (949) 855-6885 • Facsimile (949) 458-6004 • http://www.dmc-inc.com April 15, 2002 Sent via e-mail: mdalla®ci.national-city.ca.us Mr. Michael Dalla City Clerk City of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. Dalla: This letter is to confirm that, to the best of our knowledge, California CD Imaging Center is the only service bureau currently doing backlog scanning for the Questys Text & Image Management System. Using a service provider that scans using Questys (as California CD Imaging Center does) will guarantee that the documents you receive electronically will be in the Questys format and the City will be able to "index" them into your existing database with ease. Using a different supplier would cause the City to have to perform a significant amount of manual work in order to put the documents in their proper document category, list bar group, list bar item and with the appropriate bibliography template. We can recommend California CD Imaging with complete trust. They have been a service bureau for us for many years and provide quality work. Please don't hesitate to call if you have any questions. Sincerely, Charlene K. Webber Director of Sales & Marketing Computer Technology • Productivity Enhancement • Risk Management Project Management • Litigation Support City of National City, California COUNCIL AGENDA STATEMENT .41EETING DATE May 7, 2002 AGENDA ITEM NO. 3 ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED" "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 821 E. 28TH STREET (T. TAFOYA, TSC ITEM NO. 2002-8) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Mrs. Tafoya, the owner of 821 E. 28th Street, has requested the installation of two red curb no parking zones adjacent to the driveway serving her property. According to Mrs. Tafoya, parked vehicles from the Sweetwater High School are encroaching into her driveway thereby not allowing ingress and egress from her property. The Traffic Safety Committee approved 3 feet of red curb on each side of her driveway at their meeting on April 10, 2002. Environmental Review X N/A • Financial Statement STAFF RECOMMENDATI Adopt the Resoluti N/A Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of April 10, 2002, approved the 3 foot red "No Parking" zones on both side of her driveway at 821 E. 28th Street. ATTACHMENTS ( Listed Below) Resolution No. 2002-60 1. Resolution 2. Staff Report to the Traffic Safety Committee RESOLUTION NO. 2002 - 60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO THREE-FOOT RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 821 EAST 28TH STREET (T. Tafoya, TSC Item No. 2002-8) WHEREAS, Theresina Tafoya, the owner of 821 East 28th Street, has requested the installation of two red no parking zones adjacent to the driveway serving her property due to parked vehicles encroaching into her driveway and thereby not allowing ingress and egress from her property; and WHEREAS, at its meeting on April 10, 2002, the Traffic Safety Committee approved installation of two three-foot red no parking zones adjacent to the driveway at 821 East 28th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two three-foot red no parking zones adjacent to the driveway at 821 East 28th Street. PASSED and ADOPTED this 7th day of May, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: gig George H. Eiser, Ill City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 10, 2002 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 821 E. 28Th STREET (BY: T. TAFOYA, TEL. NO. 475-7000) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Ms. Theresina Tafoya, the owner of the property at 821 E. 28th Street, has requested the installation of a red curb "no parking" zone adjacent to her driveway. According to Ms. Tafoya, parked vehicles from the Samahan Health Clinic and Sweetwater High School are encroaching into her driveway thereby not allowing ingress and egress to her property. The property is located near the Sweetwater High School and students were observed parking on this street. STAFF RECOMMENDATION: Staff recommends the installation of two (2) 3 feet red curb "No Parking" zone adjacent to her driveway at 821 E. 28th Street. EXHIBITS: 1. Letter 2. Location Map 2002-8 FONT INC. 2822 $. 18th Street Phone - (619) 475-7000 -National City, CA 91950 FAX - (619) 475-8917 Traffic Safety Committee 1243 National City Blvd. National City, CA 919850 March 14th, 2002 �1Y Cf NATION. 11T ENQINEERW6 DEFT. RECEIVED Date 1Bloa Re: 821 E. 28th St., National City 91950 sy fl Dear Traffic Safety Committee: We have a 9-unit apartment building right behind the Samahan Health Clinic at 2743 Highland Ave.. The address of the 9-unit apartment building is 821 E. 28th St., apartments "A" through "I". The parking on the street is so bad during the hours of 8:00 a.m. to 5:00 p.m.. The driveway into the apartment parking lot is partially blocked on either side, making it difficult for trash pick-up and for tenants to either enter and exit. I wonder if you could paint on both sides of the entry with red paint so as to allow the tenants to be r""`' to observe the traffic coming and going on E. 28th St.? Also, so that the tail end and front end of thy cars do not interfere with entering and exiting of vehicles of tenants and trash pick-up service. Between the clinic parking and the Sweetwater students parking, there is only room for one car to drive through on 28th St.. I would like for someone to go and inspect the street so you will understand what we are up against. It seems to me a 2-hour parking is required on E. 28th St. to alleviate the problem. Also, the sidewalk is all broken up on one side. Enclosed is a little sketch of the subject matter. Sincerely, a'/7/0--ygst__ Theresina S. Tafoya/ Font Inc. ,AS. There's a big semi truck and trailer that has been parked about third down the block the last ek without moving. \_ I•ip,T12.- U U G rt 28th St., "A" through "I" • CO --.'Th z 1 1 .±- 1 !D sidewalk broken sidewalk East 28th St., entry sidewalk requested painting requested painting LDT►of•t.f City of National City, California COUNCIL AGENDA STATEMENT --.AEETING DATE May 7, 2002 AGENDA ITEM NO. 4 ITEM TITLE RESOLUTION APPROVING THE CHANGE ORDER NO. 1, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPEC. NO. 00-9 PREPARED BY Din Daneshfar EXPLANATION DEPARTMENT Public Works/Engineering See Attached Explanation Environmental Review X N/A Financial Statement The final construction cost is $292,989. This amount is within the estimated budget for the ro'e!'roved By: v g p � Finan erector Funding is available through Account No. 109-409-500-598-6134, 301-409-500-598-6137, 10 09-500-598- 6137, and 301-409-500-598-6134. The amount of the final payment (10% retention) is $29,298.90 which will \be due following the recording of pro'ect acceptance. Accoun t No. STAFF RECOMMENDATION Adopt the Resolutio BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Change Order No. 1 3. Contract Final Balance 4. Notice of Completion Resolution No. 2002-61 a•2:1: .J 00-9 RE: A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER ONE, ACCEPTING THE WORK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPECIFICATION NO. 00-9 On August 7, 2001, by Resolution No. 2001-112, the City Council awarded a contract to MJC Construction for the Miscellaneous Concrete Improvements at Various Locations, Specification No. 00-9. Based upon the estimated bid quantities, the total bid cost for the project was $288,928.00, which included a Base Bid in the amount of $264,535.00 and an Additive Bid in the amount of $24,393.00. Change Order Number One was written for a work that was added to the project during the installation of a pedestrian ramp. The work included the removal and replacement of a portion of a wood fence in order to construct a proposed standard pedestrian ramp. The agreed total cost to do this work was $300.00. During the construction phase, certain bid quantities were adjusted to reflect the actual measured improvements in the field. As the result of the adjusted quantities, the contract amount was increased per the each bid unit price in the total amount of $3,761.00. The progress payments included each of the revised costs. The additional work and adjusted quantities are further detailed in the attached Change Order Number One and Contract Final Balance. The purpose of the Change Order Number One and Contract Final Balance is to finalize the contract quantities and construction completion time, and to address the additional work. On March 5, 2002, a final inspection was completed and the work was found to be in accordance with the approved plans and specifications. The total original contract amount for the construction is increased in the amount of $4,061.00 with a final cost at $292,989.00. /^ RESOLUTION NO. 2002 — 61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER ONE, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS IN THE CITY (Engineering Spec. No. 00-9) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by MJC CONSTRUCTION, Engineering Department Specification No. 00- 9, for the miscellaneous concrete improvements at various locations of the city has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that Change Order Number 1 is hereby approved. PASSED and ADOPTED this 7th day of May, 2002. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CHANGE ORDER NUMBER oot Page 1of2 To: Mr. Javier Jimenez President MJC Construction 1234 Nolan Avenue Chula Vista, CA 91911 Date: November 12, 2001 Project: Miscellaneous Concrete Improvements at Various Locations, Specification No. 00-9 Description of Change: This change order is prepared to describe the revised and added work, and to address the new construction completion time. Discussion: The following items have occurred during construction: 1. A portion of an existing wood fence, located at the northwest corner of 2"d Street and Laurel Avenue, was removed and replaced in order to accommodate a proposed standard pedestrian ramp. Attached contract final balance shows the additional work as item No. 15. 2. The original quantities of the items No. 7, 10, 11, 14 (Base Bid), and item No.12 (Additive Bid) were adjusted (increased/decreased) based upon the actual work done in the field. The attached contract final balance highlights these items. The work will be added to the contract and paid for at the pertinent bid unit price. Contract Price Adjustment: As the result of this change order the contract price is adjusted as follows: I . As the result of the removal and replacement of the fence, the contract price is increased in the total amount of $300.00 from the original total amount $288,928.00 to a new total contract price $289,228.00. 2. Due to the adjustment of the above affected quantities, the total contract price is increased in the amount of $3,761.00 from the previously adjusted amount at $289,228.00 to a new contract total price at $292,989.00 per the bid unit prices. Contract Time Adjustment: As a result of this change order the contract completion time was extended 14 working days. The contract completion date was originally established as February 2, 2002. The final contract completion date was February 27, 2002. t CHANGE ORDER NUMBER 001 Page 2 of 2 This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and incidentals for performing the work as described above. MJC Construction will not be entitled to damages or additional payment for delays as described in the 1997 edition of Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work within the time as adjusted above. Recommended for Approval by: Daneshfar, City Project Manage Approved by: 1 menez Pr n MJ onstruction f°. ►:� ers irector of Public Works /City Engineer rr � 0. o Dat L y t3/0 Date Da City of National City Resolution Number Date CONTRACT FINA BALANCE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO.00-9. PROJECT NO.: 6133, 6134, 6137, 6138, & 6139 )ge1of3 FINAL INSPECTION DATE: 3/5/02 COMPLETION DATE: 5/7/2002 NO ITEM QUAN- TITY UNIT UNIT PRICE ORIGINAL AMOUNT ACTUAL QUAN- TITY ACTUAL AMOUNT 1. Clearing and Grubbing 1 LS $15,000.00 $15,000.00 1 $15,000.00 2, Concrete Sidewalk Removal and 12245 SF $4.35 $53,265.75 12245 $53,265.75 3. Installation of Pedestrian Ramp 62 EA $820.00 $50,840.00 62 $50,840.00 4. Installation of Pedestrian Ramp P Installation of Pedestrian Ramp Per G-31 or Modified (with curb 51 EA $700.00 $35,700.00 51 $35,700.00 6. gravity 6" or 8" Type "G" Curb and Gutter Removal and Replacement P Variable Thickness A.C. 129 TN $100.00 $12,900.00 167.61 $16,761.00 8. Traffic Control _ 1 LS $3,000.00 $3,000.00 1 $3,000.00 9. Installation of New Sidewalk per G Crushed Misc. Base 35 TN $50.00 $1,750.00 43.98 $2,199.00 11. Unclassified Excavation and Fill 10 TN $50.00 $500.00 4 $200.00 12. Installation of Concrete Driveway G-14A/B 1492 SF $8.50 $12,682.00 1492 $12,682.00 13. p per Installation of New Curb & Gutter 470 LF $20.00 $9,400.00 470 $9,400.00 14. Installation of Sidewalk Under D per C.C.O. # 1 1 LS $300.00 0.00 1 $300.00 Total (Base Bid) $264,535.00 $268,545.00 CONTRACT FINAL BALANCE Page 2 of 3 MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO.00-9. PROJECT NO.: 6133, 6134, 6137, 6138, & 6139 ADDITIVE BID DATE: FINAL INSPECTION DATE: 3/5/02 COMPLETION DATE: 5/7/2002 NO ITEM QUAN- TITY UNIT UNIT PRICE ORIGINAL AMOUNT ACTUAL QUAN- TITY ACTUAL AMOUNT I. Clearing and Grubbing 1 LS $2,000.00 $2,000.00 1 $2,000.00 2. Concrete Sidewalk Removal and Replacement per G-7 155 SF $4.35 $674.25 155 $674.25 3. Installation of Pedestrian Ramp Per G- 28, Type A-1 or Modified 0 EA $0.00 $0.00 0 $0.00 4. Installation of Pedestrian Ramp Per G- 29 or Modified 0 EA $0.00 $0.00 0 $0.00 5. Installation of Pedestrian Ramp Per G- 31 or Modified (with curb or gravity wall on PL) 0 EA $0.00 $0.00 0 $0.00 6. 6" or 8" Type "G" Curb and Gutter Removal and Replacement Per G-2 15 LF $23.00 $345.00 15 $345.00 7. Variable Thickness A.C. 1 TN $500.00 $500.00 1 $500.00 8. Traffic Control 1 LS $300.00 $300.00 1 $300.00 9. Installation of New Sidewalk per G-7 3115 SF $4.35 $13,550.25 3115 $13,550.25 10. Crushed Misc. Base 0 EA $0.00 $0.00 0 $0.00 11. Unclassified Excavation and Fill 1 TN $300.00 $300.00 1 $300.00 12. Installation of Concrete Driveway per G-14AB 791 SF $8.50 $6,723.50 797 $6,774.50 13. Installation of New Curb & Gutter 0 EA $0.00 $0.00 0 $0.00 14. Installation of Sidewalk Under Drain D-27 0 EA $0.00 $0.00 0 $0.00 _per Total (Additive Bid) $24,393.00 $24,444.00 CONTRACT FINAL BALAN ) Page 3 MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 00-9. PROJECT NO.: 6133, 6134, 6137, 6138, & 6139 DATE: FINAL INSPECTION DATE: 3/5/02 COMPLETION DATE: :517/0 2 The final total contract price for the base and additive bids to date is $292,989.00. The total time provided for completion in the contract is changed from 60 working days to 74 working days. The Contractor accepts this Final Balance as full compensation for the work. Reco . - ' - s for Approval by: Daneshfar, City Project Approved by: aavier Jimenez President, MJC Construction ///�/2- Date 4sJ'3(JCD_. Date Burton S. Myers Date Director of Public Works /City Engineer City of National City Resolution Number Date RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on May 7, 2002, of the CONCRETE, IMPROVEMENT PROJECT , SPECIFICATION NO. 00-9 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Various Locations, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Public Right -of -Way Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with MJC CONSTRUCTION Name of Original Contractor The following work and material were supplied: Concrete Improvement General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: , 2002; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2002, at , California. Signature: GEORGE H. WATERS, MAYOR FORMSNOCOD9 r—. MEETING DATE MAY 7, 2002 City of National City, California COUNCIL AGENDA STATEMENT 5 AGENDA ITEM NO. 7-ITEM TITLE RESOLUTION APPROVING CHANGE ORDER NUMBER SIX, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 00-01, SPECIFICATION NO. 00-8 PREPARED BY Michael Long DEPARTMENT Engineering EXPLANATION On August 21, 2001 by Resolution No. 2001-127, the City Council awarded a contract in the amount of $1,247,000.00 to SRM Contracting and Paving for the National City Street Resurfacing Project. On February 11, 2002 a final inspection was completed and the work was found to be in accordance with the approved plans and specifications. Change Orders One through Five (summarized on the attached final balance spreadsheet) increased the original contract amount by $19,903.18 to an amended contract amount of $1,266,903.18. Change Order No. 6 was written to adjust the bid quantities of work to the actual quantities of work for each line item. This final change order decreases the amended contract amount by $10,404.23 to a final contract amount of $1,256,498.95. The attached final balance spreadsheet shows detailed quantity adjustments. Environmental Review X N/A Financial Statement The final construction cost is P► veB: O / $1,256,498.95. This amount is in the estimated budgetAtor t�iisd proytec . u csgasceval through Account Numbers. 109 - 98-6035, 307-409-500-598-6035, 343 -500-598-6035, and 345-409-500-598-6035. �. (/ / Account No. >STAFF RECOMMENDATIO Adopt the Resolution' BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2002-62 1. Resolution 3. Contract Change Order No. 6 2. Contract Final Balance 4. Notice of Completion RESOLUTION NO. 2002 — 62 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER SIX, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY STREET RESURFACING PROJECT FOR FISCAL YEAR 2000 (Engineering Spec. No. 00-8) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by SRM CONTRACTING AND PAVING, Engineering Department Specification No. 00-8, for the National City Street Resurfacing Project has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that Change Order Number 6 is hereby approved. PASSED and ADOPTED this 7th day of May, 2002. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney j CONTRACT FINAL BALANCE National City Street Resurfacing Project, FY 00-01 Completion Date: 2/11/02 Amended Contract (includes CO's 1-6) Quantity Adjustment Increase (+)!Decrease (-) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 1 Mobilization LS $ 18,624.00 1 $ 18,624.00 0 $ - 1 $ 18,624.00 2 Clearing And Grubbing LS $ 7,227.00 1 $ 7,227.00 0 $ - 1 $ 7,227.00 3 Base SF $ 1.70 179,533 $ 305,206.10 -8574.75 $ (14,577.08) 170958.25 $ 290,629.03 4 Base SF $ 2.25 39,893 $ 89,759.25 9128 $ 20,538.00 49021 $ 110,297.25 5 Unclassified Excavation CY $ 39.43 500 $ 19,715.00 -500 $ (19,715.00) 0 $ - 6 Pavement Milling LF $ 0.75 47,350 $ 35,512.50 -11586 $ (8,689.50) 35764 $ 26,823.00 7 Pavement Fabric SY $ 0.85 88,961 $ 75,616.85 -10494 $ (8,919.90) 78467 $ 66,696.95 8 1.5" AC Overlay TON $ 45.50 4,900 $ 222,950.00 -98.46 $ (4,479.93) 4801.54 $ 218,470.07 9 2" AC Overlay TON $ 43.85 3,096 $ 135,759.60 42.88 $ 1,880.29 3138.88 $ 137,639.89 10 R&R Curb And Gutter LF $ 32.25 2,000 $ 64,500.00 171 _ $ 5,514.75 2171 $ 70,014.75 11 New Curb And Gutter LF $ 32.25 28 $ 903.00 152 $ 4,902.00 180 $ 5,805.00 12 New Sidewalk SF $ 6.80 3,016 $ 20,508.80 -893.5 $ (6,075.80) 2122.5 $ 14,433.00 13 Remove And Replace Sidewalk SF $ 7.45 2,790 $ 20,785.50 1487 $ 11,078.15 4277 $ 31,863.65 14 Pedestrian Ramps EA $ 1,445.00 28 $ 40,460.00 -3 $ (4,335.00) 25 $ 36,125.00 15 New Cross Gutter SF $ 12.79 1,430 $ 18,289.70 -1030 $ (13,173.70) 400 $ 5,116.00 16 Remove And Replace Cross Gutter SF $ 12.79 4,560 $ 58,322.40 1533.75 $ 19,616.66 6093.75 $ 77,939.06 17 Adjust Manhole Covers EA $ 190.38 55 $ 10,470.90 -2 $ (380.76) 53 $ 10,090.14 18 Adjust Monument Covers EA $ 48.90 14 $ 684.60 -2 $ (97.80) 12 $ 586.80 19 Adjust Sewer Cleanout EA $ 205.60 2 $ 411.20 2 $ 411.20 4 $ 822.40 20 Reinstall Traffic Loops EA $ 188.00 48 $ 9,024.00 -4 $ (752.00) 44 $ 8,272.00 21 Traffic Striping LS $ 21,700.00 1 $ 21,700.00 0 $ - 1 $ 21,700.00 22 Traffic Control LS $ 30,990.00 1 $ 30,990.00 0 $ - 1 $ 30,990.00 23 10' Type B-1 Curb Inlets - - • EA -$ 7,565.00 2 $ 15,130.00 0 $ - 2 $ 15,130.00 24 18" Schedule 80 PVC Pipe LF $ 152.33 100 $ 15,233.00 6 $ 913.98 106 $ 16,146.98 25 Alley Apron Remove And Replace SF $ 8.90 600 $ 5,340.00 -20 . $ (178.00) 580 $ 5,162.00 26 Driveway Remove And Replace SF $ 7.80 497 $ 3,876.60 784 $ 6,115.20 1281 $ 9,991.80 Extra Work Items 27-28 CCO #1 - Civic Center Drive (G-3 Inlet and Demo) LS $ 4,134.25 1 $ 4,134.25 $ 4,134.25 29 CCO #2 - 9th Street Storm Drain Extra Work LS $ 3,584.00 1 $ 3,584.00 $ 3,584.00 30 CCO #3 -Olive Street Speed Humps LS $ 4,000.00 1 $ 4,000.00 $ 4,000.00 31 CCO #4 - Civic Center Drive Striping, Traffic Control And Ins. LS $ 8,021.92 1 $ 8,021.92 $ 8,021.92 32 CCO #5 - Thermoplastic Striping on Speed Humps In El Toyon Park LS $ 163.01 1 $ 163.01 $ 163.01 Amended Contract Total (w/change orders 1-6) $ 1,266,903.18 • Adjusted Quantities Decreased Contract Amount $ (10,404.23) ^^^^^A PT CIWAI nAI eurc $ 1,266,498.96 Page 1 CONTRACT CHANGE ORDER NO.6 DATE: 4/25/02 PROJECT: National City Street Resurfacing Project, Specification No. 00-8 TO: Mr. Wayne Mello SRM Contracting and Paving 7192 Mission Gorge Road San Diego, CA 92120 ORb ' NAP- DESCRIPTION OF CHANGE: This change order is written to adjust the bid quantities to the actual quantities of work completed for each bid item as shown below. Amended Contract (includes CO's 1-5) Quantity Adjustment Increase (+)/Decrease (-) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 1 obii¢ation LS $ 18,624.00 1 $ 18,624.II 0 $ - 1 $ 18,624.00 2 learing And Grubbing LS $ 7,227.I I 1 $ 7,227. I I 0 $ - 1 $ 7,227.00 3 Remove And Replace Street - • 1.5" AC on 8" Base SF $ 1.70 179,533 $ 305,206.1 -8574.75 $ (14,577.08)170958.25 $ 290,629.03 4 Remove And Replace Street Section 2" AC on 10" Base SF $ 2.25 39,893 $ 89,759.25 9128 $ 20,538.01 49021 $ 110,297.25 5 Unclassified Excavation CY $ 39.43 500 $ 19,715.I I -500 $ (19,715.00) 0 $ 6 Pavement Milling LF $ 0.75 47,350 $ 35,512.51 -11586 $ (8,689.50 35764 $ 26,823.00 7 Pavement Fabric SY $ 0.85 88,961 $ 75,616.85 -10494 $ (8,919.90) 78467 $ 66,696.95 8 1.5" AC Overlay TON $ 45.50 4,900 $ .. 222,950. • • -98.46 $ (4,479.93) 4801.54 $ 218,470.07 9 2" AC Overlay TON $ 43.8 3,096 $ 135,759.60 42.88 $ 1,880.2• 3138.88 $ 137,639.89 10 MR Curb And Gutter LF $ 32.25 2,000 $ 64,500.I I 171 $ 5,514.75 2171 $ 70,014.75 11 New Curb And Gutter LF $ 32.25 28 $ 903.00 152 $ 4,902.01 180 $ 5,805. r I 12 New Sidewalk SF $ 6.80 3,016 $ 20,508.80 -893. $ (6,075.80) 2122.5 $ 14,433.I 13 Remove And Replace Sidewalk SF $ 7.45 2,790 $ 20,785.50 1487 $ 11,078.15 4277 $ 31,863.65 14 Pedestrian Ramps EA $ 1,445.00 28 $ 40,460.00 -3 $ (4,335.00) 25 $ 36,125.00 15 New Cross Gutter SF $ 12.7• 1,430 $ 18,289.70 -1030 $ (13,173.70) 400 $ 5,116.00 16 Remove And Replace Cross Gutter SF $ 12.79 4,560 $ 58,322.40 1533.75 $ 19,616.66 6093.75 $ 77,939.06 djust Manhole Covers EA $ 190.38 55 $ 10,470.90 -2 $ (380.76) 53 $ 10,090.14 •just Monument Covers EA $ 48.90 14 $ 684.60 -2 $ (97.80) 12 $ 586.80 djust Sewer Cleanout EA $ 205.60 2 $ 411.21 2 $ 411.20 4 $ 822.40 20 Reinstall Traffic Loops EA $ 188.00 48 $ 9,024.1 I -4 $ (752.00) 44 $ 8,272.00 21 raffic Striping LS $ 21,700.00 1 $ 21,700.00 0 $ - 1 $ 21,700.01 22 raffic Control LS $ 30,990.00 1 $ 30,990. • I 0 $ - 1 $ 30,990.0., Page 1 CONTRACT CHANGE ORDER NO. 6 Amended Contract (includes CO's 1-5) Quantity Adjustment Increase (+)!Decrease (-) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 23 10' Type B-1 Curb Inlets EA $ 7,565.00 2 $ 15,130.00 0 $ - 2 $ 15,130.00 24 18' Schedule 80 PVC Pipe LF $ 152.33 100 $ 15,233.00 6 $ 913.98 106 $ 16,146.98 25 Alley Apron Remove And Replace SF $ 8.90 600 $ 5,340.00 -20 $ (178.00) 680 $ 5,162.00 26 Driveway Remove And Replace SF $ 7.80 497 $ 3,876.60 784 $ 6,115.20 1281 $ 9,991.80 Extra Work Items 27-28 CCO #1 - Civic Center Drive (G-3 Inlet and Demo) LS $ 4,134.25 1 $ 4,134.25 $ 4,134.25 29 CCO #2 - 9th Street Storm Drain Extra Work LS $ 3,584.00 1 $ 3,584.00 $ 3,584,00 30 CCO #3 -Olive Street Speed Humps LS $ 4,000.00 1 $ 4,000.00 $ 4,000.00 31 CCO #4 - Civic Center Drive Striping, Traffic Control And Ins. LS $ 8,021.92 1 $ 8,021.92 $ 8,021.92 32 CCO #5 - Thermoplastic Striping on Speed Humps in El Toyon Park LS $ 163.01 1 $ 163.01 $ 163.01 Amended Contract Total (w/chanie orders 1-5) $ 1,288,903.18 Adjusted Quantities Contract Adjustment Amount (CCO #6) $ (10,404.23) `' "NTRACT FINAL BALANCE $ 1,258,498.95 DISCUSSION: Line Item number three was decreased by approximately 8500 square feet due to the removal of two streets from the project that will be slurry sealed during the upcoming annual slurry seal maintenance project. Line Item number four increased by approximately 9000 square feet due to the added repairs of Civic Center Drive from Harbor Boulevard to Wilson Avenue. Line Item number 5 was originally included to provide compensation for overexcavation due to unsuitable subgrade soil. No unsuitable material was discovered during this project. The reduction of milling and pavement fabric quantities are due to an overestimation of quantities in the bid estimates and the removal of additional quantities due to the two deleted streets scheduled for slurry seal. Page 2 CONTRACT CHANGE ORDER NO.6 CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The previously amended contract price is decreased in the amount of $10,404.23 from the current contract price of $1,266,903.18 to a new contract price of $1,256,498.95. 2. The contract time is unchanged. The contract completion date was previously established as Wednesday, February 20, 2002. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. SRM Contracting and Paving will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APPROVAL BY: Wayne lo, roject Manager SRM C'!: cting and Paving Date 4/u �Z -ate Date Burton S. Myers, Director of Public Works/City Engineer Date City of National City Resolution Number Date Page 3 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on May 7, 2002, of the NATIONAL CITY STREET RESURFACING PROJECT, FY 00-01, SPEC. NO. 00-8 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Various locations in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Public Right -of -Way Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with SRM CONTRACTING Name of Original Contractor The following work and material were supplied: Asphalt, Paving Fabric, and Portland Cement Concrete General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: NLA Joint tenants, tenants in common, or other owners Dated: , 2002; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2002, at , California. Signature: GEORGE H. WATERS, MAYOR FORMSMOCOO-8 City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE May 7, 2002 6 AGENDA ITEM NO. ITEM TITLE RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING THE WORK'" AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE BAY MARINA DRIVE SEWER EXTENSION PROJECT, SPECIFICATION NO. 01-5 PREPARED BY Michael Long DEPARTMENT Engineering EXPLANATION On February 19, 2002 by Resolution No. 2002-21, the City Council awarded a contract in the amount of $53,951.00 to Arrieta Construction for the Bay Marina Drive Sewer Extension Project, Specification No. 01-5. On April 3, 2002 a final inspection was completed and the work was found to be in accordance with the approved plans and specifications. Change Order No. 1 was written to adjust the bid quantities of work to the actual quantities of work performed for each line item. This final change order increases the contract amount by $733.25 to a final contract amount of $54,684.25. The attached final balance spreadsheet shows detailed quantity adjustments. Environmental Review N/A Financial Statement The final constructions is pov $54,684.25. This amount is within the estimated budget fort is prprojectedB. Funding is available through Ac • t ; o. 125-409-500-598-2014. (STAFF RECOMMENDATI Adopt the Resoluti BOARD) COMMISSION RECOMMENDATION N/A Finance Dir Account No. ATTACHMENTS ( Listed Below 1. Resolution 2. Contract Final Balance 3. Contract Change Order No. 1 Resolution No. 2002-63 4. Notice of Completion A •xc :» f01-5 RESOLUTION NO. 2002 — 63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER ONE, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE BAY MARINA DRIVE SEWER EXTENSION PROJECT (Engineering Spec. No. 01-5) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by ARRIET CONSTRUCTION, Engineering Department Specification No. 01-5, for the Bay Marina D ve Sewer Extension Project has been completed, the City Council of National City hereby ccepts said work and authorizes the filing of a Notice of Completion and orders that payme for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that Change Order Number 1 is hereby approved. PASSED and ADOPTED this 7th day of May, 2002. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: oes Oft: xi George H. Eiser, III City Attorney CONTRACT FINAL BALANCE Bay Marina Drive Sewer Extension Project Specification No. 01-5 Completion Date: 4/3/02 No. 1 2 3 4 5 6 Item Description Traffic Control Unit UnitCost Original Contract Quantity Amount Quantity Adjustment Increase (+)/Decrease (-) Quantity Amount Final Contract Quantity Clearing And Grubbing 8" PVC Sewer Main LS LS LF $ 2,812.00 $ 2,380.00 $ 64.00 1 1 600 $ 2,812.00 $ 2,380.00 $ 38,400.00 0 0 11.5 $ 733.25 1 1 Amount $ 2,812.00 611.5 6" PVC Sewer Lateral Sewer Manhole Sewer Cleanout - Type B Original Contract Total LS EA EA $ 2,063.00 $ 4,018.00 $ 260.00 Adjusted Quantities Increased Contract Amount (CCO #1) CONTRACT FINAL BALANCE 1 2 1 $ 2,063.00 $ 8,036.00 $ 260.00 $ 53,951.00 0 0 0 $ $ $ 733.25 1 $ 2,380.00 2 1 $ 39,133.25 $ 2,063.00 $ 8,036.00 $ 260.00 $ 54,684.26 Page 1 DATE: 5/1 /02 PROJECT: Bay Marina Drive Sewer Extension Project, Specification No. 01-5 TO: Mr. John Arrieta Arrieta Construction, Inc. 1215 North Marshall Avenue El Cajon, CA 92020 CONTRACT CHANGE ORDER NO. 1 O R' G' NIA DESCRIPTION OF CHANGE: This change order is written to adjust the bid uantities to the actual quantities of work completed for each bid item as shown below. Original Contract Quantity Adjustment Increase (+)lDecrease (-) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 1 Traffic Control LS $ 2,812.00 1 $ 2,812.00 0 $ - 1 $ 2,812.60 2 Clearing And Grubbing LS $ 2,380.00 1 $ 2,380.00 0 $ - 1 $ 2,380.00 3 8" PVC Sewer Main LF $ 64.00 600 $ 38,400.00 11.5 $ 733.25 611.5 $ 39,133.25 4 6" PVC Sewer Lateral LS $ 2,063.00 1 $ 2,063.00 0 $ - 1 $ 2,063.00 5 Sewer Manhole EA $ 4,018.00 2 $ 8,036.00 0 $ - 2 $ 8,036.00 (-- 6 Sewer Cleanout - Type B EA $ 260.00 1 $ 260.00 0 $ - 1 $ 260.00 1 Original Contract Total $ 53,951.00 Total Adjusted Quantities Contract Amount (CCO 81) _ L l 733.25 CONTRACT FINAL BALANCE $ 54,684.25 DISCUSSION: Line Item number three was increased by 11.5 feet to provide compensation to the contractor for the installation of a total quantity of 611.5 feet of sewer main. CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The previously amended contract price is increased in the amount of $733.25 from the current contract price of $53,951.00 to a new contract price of $54,684.25. 2. The contract time is unchanged. The contract completion date was previously established as Thursday, April 11, 2002. Page 1 CONTRACT CHANGE ORDER NO. 1 This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Arrieta Construction, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APPROVAL BY: Michael J/Long, APPROVED BY: ohn Arrieta, President Arrieta Construction, Inc. Date 5/AZ Date Burton S. Myers, Director of Public Works/City Engineer Date City of National City Resolution Number Date Page 2 RECORDING REQUESTED BY WHEN RECORDED MAR. TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on May 7, 2002, of the BAY MARINA DRIVE SFWER EXTENSION PROJECT, SPECIFICATION NO 01-5 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Bay Marina Drive in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Public Right -of -Way Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with ARRIETA CONSTRUCTION Name of Original Contractor The following work and material were supplied: Sewer Pipe andlvlanholes General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: , 2002; Signature of Owner City of National City, 1243 ational City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Co itnpletion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. ''xecuted on , 2002, at , California. 'GE H. WATERS, MAYOR FORMSMOCOI-5 City of National City, California COUNCIL AGENDA STATEMENT '.--mEETING DATE May 7, 2002 7 AGENDA ITEM NO. / ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PROGRAM SUPPLEMENT NO. M003, REV. 1 TO ADMINISTERING AGENCY -STATE AGREEMENT FOR THE TRAFFIC SIGNAL INTERCONNECT ON 30TH STREET AND EUCLID AVENUE, FEDERAL -AID PROJECT NO. CMLG-5066(010) PREPARED BY Din Daneshfar DEPARTMENT Engineering/Public Works EXPLANATION On March 8, 2002, the State authorized the City of National City to proceed with the construction for the Traffic Signal Interconnect on 30th Street from National City Boulevard to Euclid Avenue and on Euclid Avenue from 30th Street to the North City limits. In order to process the upcoming invoices through the Department of Transportation for the project, the City must execute a program supplement agreement. This resolution is to approve the attached Program Supplement No. M003, Rev. No. 1 for the project. The project was approved by SANDAG for the total amount at $732,000. The amount authorized for the construction is $658,000. See attachments for the additional information. ($74,000 has already been authorized for the preliminary engineering work) Environmental Review N/A Financial Statement The funds should be deposited into the Account No.313-00000 . s8 and appropriate into Account°AtNo.d�3"( STAFF RECOMMEND • IO 1. Adopt the Resolution"' rect the City Clerk to 'nse council resolution number and date in the duplicate copies of the Prog : m Supplement and mail the xecuted duplicate copies along with a copy of the resolution to Caltrans. A fully executed original the agreement will be returned to the City upon ratification by Caltrans. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. A letter dated March 29, 2002 from the Department of Transportation 3. Duplicate copies of the Program Supplement No. M003 Resolution No.2002-64 RESOLUTION NO. 2002 - 64 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. M003, REV. 1 TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 11-5066 FOR THE TRAFFIC SIGNAL INTERCONNECT ON 30m STREET AND EUCLID AVENUE (Federal Aid Project No. CMLG-5066(010) WHEREAS, on March 8, 2002, the State authorized the City of National City to proceed with the construction for the Traffic Signal Interconnect on 30th Street from National City Boulevard to Euclid Avenue and on Euclid Avenue from 30th Street to the north City limits; and WHEREAS, in order to process the invoices through the Department of Transportation, the City must execute Program Supplement Agreement No. M003, Rev. No. 1 to Administering Agency -State Agreement No. 11-5066. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement No. M003 to Administering Agency -State Agreement No. 11-5066 for the construction for the Traffic Signal Interconnect on 30th Street from National City Boulevard to Euclid Avenue and on Euclid Avenue from 30th Street to the north City limits. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7te day of May, 2002. ATTEST: George H. Waters, Mayor Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney if STATE OF CALIFORNIA . BUSINES TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS,Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TDD (916) 654-4014 (916) 654-3151 Fax (916) 653-7621 March 29, 2002 Mr. Director of Public Works City of National City 1243 National City Boulevard National City, CA 91950 h S- A9ers Attn: Mr. Din Daneshfar ��M����yeNS � Dear Mr. lfraliii�r.: car of. tormvigi ,NEERINT R AEI V r opt cy E D File : 11-SD-O-NATC CMLG-5066(010) 3,201 In National City onab St and on filM11111.93 Ave £wc.(i� Enclosed is an original and one copy of Program Supplement Agreement No. 003-M1 to Administering Agency -State Agreement No. 11-5066. The Division of Local Assistance has changed the format on all Federal Program Supplement Agreements. We no longer display the various phase(s) of work on the front page of these Program Supplement Agreements. We have included two new special covenants that allow any funding for future phases of this project be encumbered upon approval of the "Request for Authorization' and finance letter. The Program Supplement Agreement need not be revised for that purpose. However, please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting the "Authorization to Proceed" for that phase. Please review the covenants and sign both Program Supplement Agreements and retum both to this office, Office of Project Implementation - 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 original of the agreement will be retumed to you upon ratification by Caftans. Your prompt action is requested. No invoices for reimbursement can be processed until the agreement is fully executed. Sincerely, FARDAD FALAKFARSA, Chief Office of Project Implementation, South Division of Local Assistance Enclosure c: DLA AE Project Files (11) DLAE - Gary Vettese air PROGRAM St'PPLEMENT NO. M003 Rev. 1 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 11-5066 Date :March 26, 2002 Location: 11-SD-O-NATC Project Number:CMLG-5066(010) E.A. Number:11-956031 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 07/24/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Agency on (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: In National City on 30th Street and on Euclid Avenue TYPE OF WORK: Traffic Signal Interconnect LENGTH: 0.1(MILES) Estimated Cost Federal Funds Matching Funds $732,000.00 Q400 Q420 $680,000.00 $52,000.00 LOCAL $0.00 $0.00 OTHER $0.00 CITY OF NATIONAL CITY By Date Attest Title STATE OF CALIFORNIA Department of Transportation By Chief, Office of Local Programs Project Implementation Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offi Date 3 • t90 'o Chapter Statutes 1 Item YeaPr.• ram BC Category Fund Source 50 1999 2660-101-890 99-2 20.30.010.820 C 262040 892-F 52 2000 2660-101-890 2000-2001 20.30.010.820 262040 892-F $732,000.00 AMOUNT 52,000.00 680,000.00 Program Supplement 11-5066-M003-R1 ISTEA Page 1 of 3 11-S1)-0-NATC 03/26/2002 CMLG-5066(010) SPECIAL COVENANTS OR REMARKS 1. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 2. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal -Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 3. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 4. This Agreement supplements the ADMINISTERING AGENCY -State Master Agreement with the understanding that all provisions of the Transportation Equity Act (TEA-21) and CMAQ provisions apply. 5. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A-133 if it receives a total of $300,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. OMB A-133 superceded OMB A-128 in 1996. A reference to OMB A-128 in a Master Agreement (if any) is superceded by this covenant to conform to OMB A-133. 6. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the project contract award. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 7. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work by future Program Supplement 11-5066-M003-R1 ISTEA Page 2 of 3 11-515-0-NATC 03/26/2002 CMLG-5066(010) SPECIAL COVENANTS OR REMARKS Federal obligations will be encumbered on this PROJECT by use of a STATE approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. 8. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). Program Supplementll-5066-M003-R1 ISTEA Page 3 of 3 1 MEETING DATE 05/07/02 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE AGREEMENT WITH HEARTLAND FIRE COMMUNICATIONS AUTHORITY FOR FIRE, RESCUE AND EMERGENCY MEDICAL AID DISPATCHING PREPARED BY DEPARTMENT Donald Condon, Fire EXPLANATION Battalion Chief/A inistrative Chief The City's dispatching services agreement with Heartland Communications Facility Authority (HCFA) istdue for review of the service fees charged to National City Fire Department (NCFD). The new fee will take effect July 1, 2002. HCFA has been providing dispatch services to NCFD since February 7, 1995. When NCR) entered into this agreement with HCFA, NCFD received limited services: dispatching of fire units only. Since that time HCFA has increased their level of service to include a comprehensive records management system. NCFD will have full access to this system. Continued service with HCFA will ensure the continued delivery of quality fire, rescue and emergency medical aid dispatching services and access to future quality enhancements to the system, including the comprehensive records management system. This amendment will put into effect a rate increase of $13.08, bringing the amount paid to $33.10 for each incident that NCFD is dispatched to, effective Fiscal Year 2002/03. (Environmental Review _x N/A Financial Statement Funds are included in the Fire Department's Fiscal Year 2002/03 Preliminary Budget submission. Account 001412-125-299-0000. >STAFF RECOMMENDATION v.Acc.93nt Ng. — Amend current Agreement with Heartland Fire Communications Authority for Fire, Rescue and Emergency Medical Aid Dispatching. BOARD / COMMISSION RECOMMENDATION N/A • ATTACHMENTS ( Listed Below) Resolution No. 2002-65 Amendment to Agreement with Heartland Fire Communications Authority for Fire, Rescue and Emergency Medical Aid Dispatching. RESOLUTION NO. 2002 — 65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH HEARTLAND FACILITY COMMUNICATIONS AUTHORITY FOR FIRE, RESCUE AND EMERGENCY MEDICAL AID DISPATCHING BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to the February 7, 1995 Agreement between the City of National City and Heartland Communications Facility Authority ("HCFA") to provide for a per incident charge as provided for through HCFA's Joint Powers Agreement. Said Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of May, 2002. Al 'EST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Ora George H. Eiser, III City Attorney George H. Waters, Mayor AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY FOR FIRE, RESCUE AND EMERGENCY MEDICAL AID DISPATCHING THIS AMENDMENT to that certain agreement dated February 7, 1995, between the CITY OF NATIONAL CITY (hereinafter referred to as "CITY") and the HEARTLAND COMMUNICATIONS FACILITY AUTHORITY (hereinafter referred to as "AUTHORITY") for fire, rescue and emergency medical aid dispatching ("the Agreement") is made and entered into this 7ih day of May, 2002. RECITALS A. CITY and AUTHORITY entered into an "Agreement between the City of National City and the Heartland Communications Facility Authority for Fire, Rescue, and Emergency Medical Aid Dispatching" (hereinafter referred to as the "Agreement") on February 7, 1995. B. CITY and AUTHORITY desire to amend the Agreement by amending Section 8 of the Agreement, and by deleting Exhibits "A" and "B" from the Agreement in their entirety. NOW, THEREFORE, CITY and AUTHORITY hereby amend the Agreement as follows: 1. Section 8 is amended to read: National City shall pay the Authority a monetary sum for each incident that National City is dispatched to as described in the next paragraph. Dispatches to incidents outside of the City of National City will be included in the count unless the incident is located within the jurisdiction of another fire agency served by the Authority. Payment shall be made on a quarterly basis upon submittal by Authority of an invoice. The amount paid by National City to the Authority for each incident shall be equal to the average charges per incident paid by the public agencies who are parties to the Authority's Joint Powers Agreement, as adopted in each annual budget. 2. Exhibits "A" and "B" are deleted in their entirety. With the foregoing exceptions, each and every term and provision of the Agreement shall remain in full force and effect. This Amendment to Agreement shall take effect commencing July 1, 2002. CITY OF NATIONAL CITY HEARTLAND COMMUNICATIONS FACILITY AUTHORITY By: By: George H. Waters Robert Pfohl, Chairman Mayor Board of Chiefs APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 95-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY FOR FIRE, RESCUE AND EMERGENCY MEDICAL AND DISPATCHING WHEREAS, investigation has disclosed that consolidated emergency communication and dispatch systems greatly reduce the total cost of providing emergency services and permit maximum use of equipment and personnel, thereby delivering efficient fire and emergency medical services; and WHEREAS, both the City of National City and the Heartland Communica- tions Facility Authority ("the Authority") are authorized to provide emergency fire, rescue and medical dispatch services; and WHEREAS, Government Code Section 6500 et seq. provides that two or more public agencies, by Agreement, may jointly exercise any power common to the contracting parties; and WHEREAS, the City and the Authority desire to enter into this Agreement to enable the Authority to provide fire, rescue and emergency medical communications services to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between the City of National City and the Heartland Communications Facility Authority for fire, rescue, and emergency medical aid dispatching. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 7th day of February, 1995. ATTEST: Lon Anne Peoples, City Clerk APPROVED AS TO FO George H. Eiser, III City Attorney George . Waters, Mayor Passed and adopted by the Council of the City of National City, California, on February 7, 1995 by the following vote, to -wit: Ayes: Councilmen Beauchamp, Inzunza, Morrison, Zarate, Waters Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California LORI ANNE PEOPLES City Clerk of the City of National City, California (Seal) By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. 95-16 of the City of National City, Calif., passed and adopted by the Council of said City on February 7, 1995 City Clerk of the City of Nationa City, California By: Deputy AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY FOR FIRE, RESCUE AND EMERGENCY MEDICAL AID DISPATCHING THIS AGREEMENT, made and entered into this 7th day of February , 1995, by and between the City of National City, a municipal corporation hereinafter called "NATIONAL CITY" and the Heartland Communications Facility Authority, a public entity hereinafter called "AUTHORITY." WHEREAS, investigation has disclosed that consolidated emergency communication and dispatch systems greatly reduce the total cost of providing emergency services and permit maximum use of equipment and personnel, thereby delivering efficient fire and emergency medical services; and WHEREAS, both parties to this Agreement have the authority to provide emergency fire, rescue and medical dispatch services; and WHEREAS, Government Code Section 6500 et. seq. provides that two or more public agencies, by Agreement, may jointly exercise any power common to the contracting parties; and WHEREAS, the parties desire to enter into this Agreement to enable the Authority to provide fire, rescue and emergency medical communications services to National City . Page 1 NOW, THEREFORE, the parties hereto mutually agree as follows: 1. The Authority has the capability to provide computerized dispatch of all fire, rescue and emergency aid service needs of National City. It is the intention of the parties that Authority shall locate within San Diego County, California, facilities necessary for dispatching all such services under the terms and conditions of this Agreement, described in Exhibit "A" attached hereto and incorporated by this reference herein, including, but not limited to: a) communicating all alarms and b) providing communications for day to day operations and services for National City, both via a telephone link to the National City Police Department radio system for dispatch by Authority personnel. 2. The parties to this Agreement hereby agree to acquire, develop and maintain communications equipment and other equipment in order to carry out the terms and conditions of this Agreement. National City will provide the equipment for; the necessary inter - tie system between the parties' communicatiot systems. 3. It is further agreed that National City shall purchase any required leased telephone lines and shall pay for their installation. 4. It is agreed that all personnel required to operate the communication system shall be employees of and shall be provided by the Authority. Page 2 5. The term of this Agreement shall begin at 8 a.m. hours on May 1, 1995 and, unless modified by this Agreement, shall renew automatically each fiscal year beginning July 1, 1996. Further, the parties agree to proceed with diligence to provide services described herein by May 1, 1995. 6. A party to this Agreement must in writing notify the other party in writing at least ninety (90) days prior to the first July of any year, after the initial one-year contract period, of its intention to discontinue services and thereby terminate said Agreement effective on July 1 following said written notice. 7. During all phases of the services provided under this Agreement, each party agrees to indemnify and save harmless the other party, its officers, agents, and employees from and against any and all claims, demands, losses, defense costs, or liability of any kind or nature that either party, its officers, agents and employees may sustain or incur or that may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with either party's performance under the terms of this Agreement, excepting only liability arising out of either party's active negligence. 8. Payment shall be as follows: A. The initial cost of dispatch services to National City is $13.60 per call. National City shall pay such costs to the Page 3 Authority on a quarterly basis upon submittal by Authority of invoice reporting the number and type of calls. B. The Authority will evaluate the total yearly cost each fiscal year based on apportionment of dispatch services as established by Authority's dispatch fee assessment to be prepared annually in the form shown in Exhibit uBn attached hereto and incorporated herein by this reference. The cost will be calculated on or about each January _ using the number of responses for the prior fiscal year as the basis for the cost per call. This cost shall be calculated and approved by the Authority and submitted to National City by February 15th of each year. 9. The parties agree that this Agreement and any exhibits attached hereto and incorporated herein encompass the entire Agreement between the parties. 10. The parties agree that this Agreement was made and entered into and shall be construed and enforced in accordance with the Constitution and Laws of the State of California. The parties further agree that should any part, term, portion or provision of this Agreement, or the application thereof to any person or circumstance, be in conflict with any State or Federal law, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provision, or the application thereof to other persons or circumstances, shall be deemed severable and shall not be affected thereby, provided such Page 4 remaining portions or provisions can be construed in substance to continue to constitute the Agreement that the parties intended to enter into in the first instance. 11. This Agreement may not be modified, orally or in any other manner, except by Amendments in writing signed by all parties hereto. 12. This Agreement may not be assigned by either party hereto without the prior written consent of the other party. 13. If a dispute arises out of this Agreement, and if said dispute cannot be settled by negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration, litigation, or some other dispute resolution procedure. For CITY OF NATIONAL CITY For HEARTLAND COMMUNICATIONS A Municipal Corporation By: ,d-(. 2±74 eorge H. aters, Mayor APPROVED AS TO FORM AND CONTENT: By: George)iser, City Attorney FACILITY AUTHORITY Boa$ of Directors Page 5 EXHIBIT "A", SPECIFIC SERVICES PLAN RADIO COMMUNICATIONS: The National City 800 MHz trunked radio system would be used as the primary radio network for the dispatching and control of NCFD units and units operating in the National City operational area. 2.1 Radio Communications Operational Plan: National City Operational Area: 2.1.1 NCFD Units operate on NC 800 MHz Trunked Radio System. Heartland Communications Facility Authority (HCFA) accesses NC radio system using remote switching equipment via telephone line. 2.1.2 Primary back up dispatch will be provided via HCFA 800 MHz conventional radio channels utilizing standard HCFA procedures. A 90 day notice shall be given to NC in the event that this conventional radio system is to be modified. 2.1.3 Secondary back up dispatch will be provided via the NC 800 MHz radio system with NCFD staff operating from the NCPD Communications Center. 2.1.4 San Diego Fire Department (SDFD) units responding to National City will communicate on NC system. 2.1.5 Other non-800 MHz South Bay fire units using 800 MHz radios that are programmed with NCFD talk groups and HCAF conventional frequencies. South Bay Operational Area: 2.2.1 National City units to maintain VHF radios with South Bay frequency configuration. NCFD units to report their status to HCFA via NC 800 MHz System. San Diego Operational Area: 2.2.2 NCFD units use SDFD 800 MHz System and talk groups as assigned. Exhibit "A", Specific Services Plan A-1 �.r Heartland Operational Area: 2.2.3. Mutual aid or move up operations: NCFD units use Heartland Talk Groups as assigned. INFORMATION MANAGEMENT SERVICES: No information management services are requested except as follows: 3.1 Incident times: 3.1.1 Time incident dispatched. 3.1.2 Time units arrived at scene. 3.1.3 Time units become available. 3.2 Incident number: Number assigned by HCAF for data control purposes. 3.3 Management reports to be produced on a time and materials basis. OPERATING PROCEDURES: NCFD will comply with operating procedures as described in the Heartland Communications Facility Authority Policy/Procedures Manual. PERFORMANCE: The Authority will maintain a dispatch time of sixty (60) seconds or less at least ninety percent (90%) of the time, computed on a monthly basis and reported quarterly. PAGING SYSTEM: The Heartland digital paging system will be used to alert NCFD emergency units, selected on -call staff and for the transmission of incident report data. 6.1 Alfa Mate communication equipment to be located at NCFD administrative offices with all costs associated with the acquisition, installation and maintenance the responsibility of NCFD. 6.2 Monthly paging services: $5.00 per pager, per month, with adjustments not to exceed San Diego County annual cost of living estimates. 6.3 Paging Services For: Twenty (20) pagers will be required, as follows: Exhibit 'A", Specific Services Plan A-2 5731 3 Engine Company 5733 3 Engine Company 5734 3 Engine Company 5735 1 Ready Reserve Engine 5799 1 Rescue Unit 5701 1 Fire Chief 5703 1 Platoon Commander 5705 1 Fire Marshal 5706 1 Fire Inspector 5707 1 Fire Investigator 5708 1 Fire Investigator 5709 1 On -call Platoon Commander Stations 2 Pager configuration may change from time to time with adjustment to monthly billing as may be required. SERVICES NOT PROVIDED: It is understood that the following services will not be provided. A. Establishment of agreements with NCPD or other dispatch centers or radio networks. B. Data Base and Geo file development and maintenance. (Available on a time and materials basis.) C. Mapping services for the National City operational area. D. Radio maintenance services for NCFD portable and mobile radios. E. Additional backup communications systems other than what is currently provided by the Authority. F. CAD generated information management reports.' (Available on a time and materials basis.) G. Mobile data terminals. H. Fire station CAD terminals. I. HCAF 800 MHz radio network except as specified above as a backup communications system should the NC system fail. TELEPHONE SYSTEM: 8.1 Seven digit NCFD telephone number will continue to be answered by the NCPD 336-4411. 8.2 The NCPD PSAP will transfer 911 calls to the Authority. 8.3 Each fire station will have a seven digit telephone line available to the Authority. Exhibit "A", Specific Services Plan A-3 1 8.4 NCFD will install and pay costs associated with the maintenance of a direct connect telephone line to the Chula Vista Police Department Communications Center. 8.5 NCFD will install and pay costs associated with the maintenance of a direct connect telephone line to the NCPD Communications Center. Exhibit "A', Specific Services Plan A-4 EXHIBIT "B", DISPATCH FEE ANNUAL ASSESSMENT To determine annual service fees, the following budget apportionment and per call formula shall be applied. DISPATCH HCFA BUDGET APPORTIONMENT % SALARIES Communications Director Supervisor Dispatcher Dispatcher, part time Overtime Secretary (.5 staff year) Commissioners Fee 9010 9011 9015 5% 75% .75% 75% 85% 5% 0% BENEFITS 64% MAINTENANCE AND OPERATIONS Utilities 9200 40% Telephone 9201 5% Print 9310 0% Car 9400 40% Travel 9410 50% Training 9420 70% Dues 9430 0% Facility Rent 9500A 40% Rent, Rattlesnake site 950061 0% Rent, San Miguel site 9500B2 50% Audit 9500C 25% Medical Director 9500D 0% Miscellaneous Services 9510 48% Stat. Sup 9520 11% Maintenance, 800 MHz system 9540A1 20% Backbone equipment 9540A2 0% CAD 9540B1. 40% Novadyne 9540B2 25% UPS 9540C 0% Exhibit "B", Dispatch Fee Annual Assessment B-1 Recorder Time clock Office equipment Miscellaneous equipment repairs Recording tapes Halon system Communications van UPS batteries Dictaphone Miscellaneous materials Emp bond Ins CAPITAL OUTLAY 9540C 9540E 9540F 9540G 9540H 95401 9540J 9540K 9540L 9600 9964 9965 100% 0% 50% 50% 50% 50% 0% 50% 100% 50% 0% 27% 56% As mutually approved by both parties, budget apportionments may be adjusted from time to time to allow for modification of line item categories. Total dispatch only Budget apportionment Total dispatch budget apportionment $412,800 $412,800 total Authority calls = cost per call 30,339 $13.60 Cost per call x NCFD calls per fiscal year = National City annual fee $13.60 3,676 $ 50, 000 National City annual fee Paging services TOTAL $ 50,000 1,200 $ 51,200 Exhibit "B', Dispatch Fee Annual Assessment B-2 RESOLUTION NO. 95-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY FOR FIRE, RESCUE AND EMERGENCY MEDICAL AND DISPATCHING WHEREAS, investigation has disclosed that consolidated emergency communication and dispatch systems greatly reduce the total cost of providing emergency services and permit maximum use of equipment and personnel, thereby delivering efficient fire and emergency medical services; and WHEREAS, both the City of National City and the Heartland Communica- tions Facility Authority ("the Authority") are authorized to provide emergency fire, rescue and medical dispatch services; and WHEREAS, Government Code Section 6500 et seq. provides that two or more public agencies, by Agreement, may jointly exercise any power common to the contracting parties; and WHEREAS, the City and the Authority desire to enter into this Agreement to enable the Authority to provide fire, rescue and emergency medical communications services to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between the City of National City and the Heartland Communications Facility Authority for fire, rescue, and emergency medical aid dispatching. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 7th day of February, 1995. ATTEST: Lori Anne Peoples, City Clerk APPROVED AS TO FO George H. Eiser, III City Attorney George H. Waters, Mayor Passed and adopted by the Council of the City of National City, California, on February 7, 1995 by the following vote, to -wit: Ayes: Councilmen Beauchamp, Inzunza, Morrison, Zarate, Waters Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California LORI ANNE PEOPLES City Clerk of the City of National City, California (Seal) By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. 95-16 of the City of National City, Calif., passed and adopted by the Council of said City on February 7, 1995 City lerk of the City of Nation~alifornia By: Deputy AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY FOR FIRE, RESCUE AND EMERGENCY MEDICAL AID DISPATCHING THIS AGREEMENT, made and entered into this 7th day of February , 1995, by and between the City of National City, a municipal corporation hereinafter called "NATIONAL CITY" and the Heartland Communications Facility Authority, a public entity hereinafter called "AUTHORITY." WHEREAS, investigation has disclosed that consolidated emergency communication and dispatch systems greatly reduce the total cost of providing emergency services and permit maximum use of equipment and personnel, thereby delivering efficient fire and emergency medical services; and WHEREAS, both parties to this Agreement have the authority to provide emergency fire, rescue and medical dispatch services; and WHEREAS, Government Code Section 6500 e t. seq. provides that two or more public agencies, by Agreement, may jointly exercise any power common to the contracting parties; and WHEREAS, the parties desire to enter into this Agreement to enable the Authority to provide fire, rescue and emergency medical communications services to National City . Page 1 NOW, THEREFORE, the parties hereto mutually agree as follows: 1. The Authority has the capability to provide computerized dispatch of all fire, rescue and emergency aid service needs of National City. It is the intention of the parties that Authority shall locate within San Diego County, California, facilities necessary for dispatching all such services under the terms and conditions of this Agreement, described in Exhibit "A" attached hereto and incorporated by this reference herein, including, but not limited to: a) communicating all alarms and b) providing communications for day to day operations and services for National City, both via a telephone link to the National City Police Department radio system for dispatch by Authority personnel. 2. The parties to this Agreement hereby agree to acquire, develop and maintain communications equipment and other equipment in order to carry out the terms and conditions of this Agreement. National City will provide the equipment for the necessary inter - tie system between the parties' communication systems. 3. It is further agreed that National City shall purchase any required leased telephone lines and shall pay for their installation. 4. It is agreed that all personnel required to operate the communication system shall be employees of and shall be provided by the Authority. Page 2 5. The term of this Agreement shall begin at 8 a.m. hours on May 1, 1995 and, unless modified by this Agreement, shall renew automatically each fiscal year beginning July 1, 1996. Further, the parties agree to proceed with diligence to provide services described herein by May 1, 1995. 6. A party to this Agreement must in writing notify the other party in writing at least ninety (90) days prior to the first July of any year, after the initial one-year contract period, of its intention to discontinue services and thereby terminate said Agreement effective on July 1 following said written notice. 7. During all phases of the services provided under this Agreement, each party agrees to indemnify and save harmless the other party, its officers, agents, and employees from and against any and all claims, demands, losses, defense costs, or liability of any kind or nature that either party, its officers, agents and employees may sustain or incur or that may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with either party's performance under the terms of this Agreement, excepting only liability arising out of either party's active negligence. 8. Payment shall be as follows: A. The initial cost of. dispatch services to National City is $13.60 per call. National City shall pay such costs to the Page 3 Authority on a quarterly basis upon submittal by Authority of invoice reporting the number and type of calls. B. The Authority will evaluate the total yearly cost each fiscal year based on apportionment of dispatch services as established by Authority's dispatch fee assessment to be prepared annually in the form shown in Exhibit "B" attached hereto and incorporated herein by this reference. The cost will be calculated on or about each January using the number of responses for the prior fiscal year as the basis for the cost per call. This cost shall be calculated and approved by the Authority and submitted to National City by February 15th of each year. 9. The parties agree that this Agreement and any exhibits attached hereto and incorporated herein encompass the entire Agreement between the parties. 10. The parties agree that this Agreement was made and entered into and shall be construed and enforced in accordance with the Constitution and Laws of the State of California. The parties further agree that should any part, term, portion or provision of this Agreement, or the application thereof to any person or circumstance, be in conflict with any State or Federal law, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provision, or the application thereof to other persons or circumstances, shall be deemed severable and shall not be affected thereby, provided such Page 4 remaining portions or provisions can be construed in substance to continue to constitute the Agreement that the parties intended to enter into in the first instance. 11. This Agreement may not be modified, orally or in any other manner, except by Amendments in writing signed by all parties hereto. 12. This Agreement may not be assigned by either party hereto without the prior written consent of the other party. 13. If a dispute arises out of this Agreement, and if said dispute cannot be settled by negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration, litigation, or some other dispute resolution procedure. For CITY OF NATIONAL CITY For HEARTLAND COMMUNICATIONS A Municipal Corporation By: eorge H. aters, Mayor APPROVED AS TO FORM AND CONTENT: By: George iser, City Attorney FACILITY AUTHORITY Both of Directors Page 5 EXHIBIT "A", SPECIFIC SERVICES PLAN RADIO COMMUNICATIONS: The National City 800 MHz trunked radio system would be used as the primary radio network for the dispatching and control of NCFD units and units operating in the National City operational area. 2.1 Radio Communications Operational Plan: National City Operational Area: 2.1.1 NCFD Units operate on NC 800 MHz Trunked Radio System. Heartland Communications Facility Authority (HCFA) accesses NC radio system using remote switching equipment via telephone line. 2.1.2 Primary back up dispatch will be provided via HCFA 800 MHz conventional radio channels utilizing standard HCFA procedures. A 90 day notice shall be given to NC in the event that this conventional radio system is to be modified. 2.1.3 Secondary back up dispatch will be provided via the NC 800 MHz radio system with NCFD staff operating from the NCPD Communications Center. 2.1.4 San Diego Fire Department (SDFD) units responding to National City will communicate on NC system. 2.1.5 Other non-800 MHz South Bay fire units using 800 MHz radios that are programmed with NCFD talk groups and HCAF conventional frequencies. South Bay Operational Area: 2.2.1 National City units to maintain VHF radios with South Bay frequency configuration. NCFD units to report their status to HCFA via NC 800 MHz System. San Diecio Operational Area: 2.2.2 NCFD units use SDFD 800 MHz System and talk groups as assigned. Exhibit "A", Specific Services Plan A-1 Heartland Operational Area: 2.2.3. Mutual aid or move up operations: NCFD units use Heartland Talk Groups as assigned. INFORMATION MANAGEMENT SERVICES: No information management services are requested except as follows: 3.1 Incident times: 3.1.1 Time incident dispatched. 3.1.2 Time units arrived at scene. 3.1.3 Time units become available. 3.2 Incident number: Number assigned by HCAF for data control purposes. 3.3 Management reports to be produced on a time and materials basis. OPERATING PROCEDURES: NCFD will comply with operating procedures as described in the Heartland Communications Facility Authority Policy/Procedures Manual. PERFORMANCE: The Authority will maintain a dispatch time of sixty (60) seconds or less at least ninety percent (90%) of the time, computed on a monthly basis and reported quarterly. PAGING SYSTEM: The Heartland digital paging system will be used to al rt NCFD emergency units, selected on -call staff and for the transmission of inciden report data. 6.1 Alfa Mate communication equipment to be located at NCFD administrative offices with all costs associated with the acquisition, installation and maintenance the responsibility of NCFD. 6.2 Monthly paging services: $5.00 per pager, per month, with adjustments not to exceed San Diego County annual cost of living estimates. 6.3 Paging Services For: Twenty (20) pagers will be required, as follows: Exhibit "A", Specific Services Plan A-2 5731 3 Engine Company 5733 3 Engine Company 5734 3 Engine Company 5735 1 Ready Reserve Engine 5799 1 Rescue Unit 5701 1 Fire Chief 5703 1 Platoon Commander 5705 1 Fire Marshal 5706 1 Fire Inspector 5707 1 Fire Investigator 5708 1 Fire Investigator 5709 1 On -call Platoon Commander Stations 2 Pager configuration may change from time to time with adjustment to monthly billing as may be required. SERVICES NOT PROVIDED: It is understood that the following services will not be provided. A. Establishment of agreements with NCPD or other dispatch centers or radio networks. B. Data Base and Geo file development and maintenance. (Available on a time and materials basis.) C. Mapping services for the National City operational area. D. Radio maintenance services for NCFD portable and mobile radios. E. Additional backup communications systems other than what is currently provided by the Authority. F. CAD generated information management reports. (Available on a time and materials basis.) G. Mobile data terminals. H. Fire station CAD terminals. I. HCAF 800 MHz radio network except as specified above as a backup communications system should the NC system fail. TELEPHONE SYSTEM: 8.1 Seven digit NCFD telephone number will continue to be answered by the NCPD 336-4411. 8.2 The NCPD PSAP will transfer 911 calls to the Authority. 8.3 Each fire station will have a seven digit telephone line available to the Authority. Exhibit "A", Specific Services Plan A-3 8.4 NCFD will install and pay costs associated with the maintenance of a direct connect telephone line to the Chula Vista Police Department Communications Center. 8.5 NCFD will install and pay costs associated with the maintenance of a direct connect telephone line to the NCPD Communications Center. Exhibit "A", Specific Services Plan A-4 EXHIBIT "B", DISPATCH FEE ANNUAL ASSESSMENT To determine annual service fees, the following budget apportionment and per call formula shall be applied. DISPATCH HCFA BUDGET APPORTIONMENT % SALARIES Communications Director 9010 5% Supervisor 75% Dispatcher 75% Dispatcher, part time 75% Overtime 85% Secretary (.5 staff year) 9011 5% Commissioners Fee 9015 0% BENEFITS 64% MAINTENANCE AND OPERATIONS Utilities 9200 40% Telephone 9201 5% Print 9310 0% Car 9400 40% Travel 9410 50% Training 9420 70% Dues 9430 0% Facility Rent 9500A 40% Rent, Rattlesnake site 950061 0% Rent, San Miguel site 9500B2 50% Audit 9500C 25% Medical Director 9500D 0% Miscellaneous Services 9510 48% Stat. Sup 9520 1 1 % Maintenance, 800 MHz system 9540A1 20% Backbone equipment 9540A2 0% CAD 9540B1 40% Novadyne 9540B2 25% UPS 9540C 0% Exhibit "B', Dispatch Fee Annual Assessment B-1 Recorder 9540C 100% Time clock 9540E 0% Office equipment 9540F 50% Miscellaneous equipment repairs 9540G 50% Recording tapes 9540H 50% Halon system 95401 50% Communications van 9540J 0% UPS batteries 9540K 50% Dictaphone 9540L 100% Miscellaneous materials 9600 50% Emp bond 9964 0% Ins 9965 27% CAPITAL OUTLAY 56% As mutually approved by both parties, budget apportionments may be adjusted from time to time to allow for modification of line item categories. Total dispatch only Budget apportionment $412,800 Total dispatch budget apportionment = total Authority calls = cost per call $412,800 30,339 $13.60 Cost per call x NCFD calls per fiscal year = National City annual fee $13.60 3,676 $50,000 National City annual fee Paging services TOTAL $ 50,000 1,200 $ 51,200 Exhibit B. Dispatch Fee Annual Assessment B-2 •+i1EETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 7, 2002 9 AGENDA ITEM NO. ITEM TITLE RESOLUTION APPROVING A LEASE AGREEMENT WITH SPRINT PCS ASSETS, LLC FOR A PORTION OF SWEETWATER HEIGHTS PARK FOR THE MAINTENANCE OF A WIRELESS COMMUNICATION EQUIPMENT FACILITY. PREPARED BY EXPLANATION George H Ei Jim Ruiz 9' DEPARTMENT City Attorney Parks and Recreation See attached memorandum. Environmental Review • N/A Financial Statement N/A Approved By: _ Finance Director Account No. STAFF RECOMMENDATION Approve lease agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. _.2002-66 ** Proposed lease may be viewed in the City Clerk's Office. Resolution RESOLUTION NO. 2002 — 66 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH SPRINT PCS ASSETS, LLC FOR A PORTION OF SWFFTWATER HEIGHTS PARK FOR THE MAINTENANCE OF A WIRELESS COMMUNICATION EQUIPMENT FACILITY WHEREAS, Sprint PCS Assets, LLC ("Sprint") desires to lease a portion of Sweetwater Heights Park for the maintenance of a wireless communication equipment facility; and WHEREAS, the Planning Commission approved such facility pursuant to Resolution No. 2002-11 on April 1, 2002, subject to the City and Sprint entering into a lease agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a lease agreement with Sprint PCS Assets, LLC for a portion of Sweetwater Heights Park for the maintenance of a wireless communication equipment facility. Said agreement is of file in the office of the City Clerk. PASSED and ADOPTED this 741 day of May, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Elser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: April 29, 2002 FROM: City Attorney SUBJECT: Proposed Lease with Sprint PCS Assets, LLC for a Portion of Sweetwater Heights Park The proposed lease would permit Sprint PCS Assets, LLC ("Sprint") to maintain a wireless communication equipment facility on a portion of Sweetwater Heights Park. The physical project appeared on the April 16, 2002 City Council agenda as a "Notice of Decision"; the item was filed. The CUP was previously approved by the Planning Commission, subject; to the condition that the City and the applicant enter into a lease agreement. After extensive negotiations by the parties, the lease agreement is now submitted for Council approval. The main points of the lease agreement are as follows: • Term is for five (5) years, with Sprint having the right to extend for four successive five- year terms. • Initial annual rent is $25,000, with a five -percent (5%) increase on the first anniversary of the commencement date. Beginning with the third anniversary of the commencement date, annual rent shall be increased by the greater of five -percent (5%), or the fair market value of a comparable facility, as determined by an independent appraiser. • Additional communication carriers may lease the premises from the City, provided their use does not interfere with Sprint's. • Sprint shall use the premises so as not to interfere with the City's use of Sweetwater Heights Park. • Sprint may update or replace its equipment, provided that such update or replacement complies with the CUP and its size is not materially greater than the equipment already approved. • All utilities are paid by Sprint. ® Recycled Paper Proposed Lease with Sprint April 29, 2002 Page Two • The City may terminate on 90 days' written notice if it determines the premises are needed for a public purpose, provided that the City must reimburse Sprint for the fair market value of its equipment. The City may also terminate in the event of default by Sprint upon 30 days' written notice. • If the premises are condemned, Sprint shall receive compensation for the cost of its equipment, and the City shall retain all other compensation. • Sprint agrees to indemnify the City and provide insurance coverage with the City as additional insured with respect to its use of the premises, including indemnification for liability arising from Electromagnetic Fields (EMF) issues. GEORGE H. EISER, III City Attorney GHE/gmo City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 7, 2002 10 AGENDA ITEM NO. ___ / ITEM TITLE RESOLUTION AUTHORIZING A MILLS ACT PROGRAM FOR HISTORIC PROPERTIES PREPARED BY Jon Cair DEPARTMENT Planning EXPLANATION At the April 2 meeting, the Council considered a Resolution authorizing a Mills Act program for historic properties. After considering public testimony requesting modifications to the item, the Council directed staff to work with the public and make revisions as needed. City Attorney and Planning staff met with the interested parties on April 18. The attached Resolution reflects revisions agreed upon at that meeting; including further details regarding the benefits of the Mills Act and clarification of application requirements, follow-up inspections, and processing fees. (-Environmental Review N/ACategorical Exemption Financial Statement Loss of approximately $5,300 annually in City property tax received in the near term. Account No. STAFF RECOMMENDATION Adopt the attached Resolution 1, BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution No. Resolution 2002-67 A-200 {9'8C) A., RESOLUTION NO. 2002 — 67 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A MILLS ACT PROGRAM FOR HISTORIC PROPERTIES WHEREAS, the General Plan of the City of National City states that the City will encourage and assist efforts for the preservation, maintenance and restoration of historically significant buildings and sites; and WHEREAS, California Government Code Section 50280 et seq. and California Revenue and Taxation Code Section 439.2 et seq. of the provide authority for the City to enter into a Mills Act contract with the property owner(s) of a "Qualified Historic Property" as defined by Government Code Section 50280.1 to provide a property tax reduction in exchange for the preservation and restoration of said Historic Property; and WHEREAS, the City maintains an adopted "List of Identified Historic Sites in National City" as approved by the City Council; and WHEREAS, National City is an important historic city within San Diego County and has valuable historic places that should be preserved, restored and maintained; and WHEREAS, Mills Act contracts would provide a monetary incentive to the owners of historically designated properties in the form of a property tax reduction for the preservation, restoration and maintenance of said historic structures through the use of an alternative method of determining the assessed value of the historic property; and WHEREAS, National City can use the Mills Act preservation tool to encourage current and future historic property owners to revitalize our City's vintage buildings and to invite and encourage investments, rehabilitation, and reuse of historic properties within our city borders; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, hereby authorizes the implementation of a Mills Act program pursuant to State law in accordance with the following: 1. Mills Act contracts shall be permitted only for sites on the "List of Identified Historic Sites in National City", and shall incorporate all the requirements for administration, cancellation, and renewal prescribed by California Government Code Sections 50280 et seq. and California Revenue and Taxation Code Section 439.2 et seq. 2. Applications for Mills Act contracts shall be made to the Planning Department on a form prescribed by the Planning Director, and shall include documentation that said building is on the City Council -approved "List of Identified Historic Sites in National City", photos of the structure, a description of the structure and its historic value, a general maintenance/restoration plan for proposed structure preservation, restoration, and maintenance, and any other information deemed necessary by the Planning Director. (If preservation and restoration have already occurred, applicant shall state what has already been done to preserve and restore said historic property). Resolution No. 2002 — 67 May 7, 2002 Page Two 3. Applications for Mills contracts must be submitted by August 31 to affect the next assessment period. 4. Applications shall be routed to the National City Historic Society and Community Development Commission staff for comment. 5. The City Council shall have approval authority for each contract. 6. Community Development Commission staff may conduct yearly inspections to verify properties are being maintained and/or restored in compliance with the contract. 7. The applicant shall p y a graduated processing fee of $100 per $100,000 of assessed value of the historic property, not to ceed $500, prorated to actual assessed value. PASSED and ADO P' 'ED this 7th day of May, 2002. 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 May 7, 2002 11 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ENGINEERING TO EXECUTE WORK ORDER NO. 1 FOR THE DESIGN SERVICES AND CONSTRUCTION ADMINISTRATION OF THE CITY HALL EMERGENCY GENERATOR UPGRADE PURUSANT TO THE "AS NEEDED" CONTRACT WITH BDS ENGINEERING (RESOLUTION NO. 2001-46) PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering EXPLANATION See attached explanation J CEnvironmental Review X N/A 7-Financial Statement >STAFF RECOMMENDAT • N / �� Approved B Funds are budgeted for the design and construction of the emergency manoe g g g y generator system in Number 110-409-500-598-1397 id•:;t ifor $30,000. Account No. Adopt the Resolution approvi g the agreement a ld authorizing the Director of Public Works/Engineering to sign the agreement with BDS. OARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Agreement Resolution Resolution No. 2002-68 -200 ,9 99 Explanation: The existing generator for the City Hall facility was installed as part of the original building construction. The generator only powers a limited number of lighting circuits within the building. The amount of lighting would basically allow for an organized evacuation of the facility. At the time the building was constructed that was considered to be acceptable. However, with computers, communication equipment, and related office equipment, and the HVAC system becoming such an integral part of the facility operation, it is necessary to upgrade the generator to power the building so that operations can continue in the event of an emergency. The generator facility will be located in an enclosure on the east side of "A" Avenue, immediately north of the existing restroom building. The enclosure will be sound attenuating. Underground conduit will be installed in order to run power from the generator to the main SDG&E mechanical room located on the south end of the City Hall on the basement floor. If power is lost, the generator system will start automatically and power the entire City Hall. A user of the facility will see no difference whether the building is operating from utility power or emergency generator power. The emergency generator upgrade for the City Hall facility is a budgeted Capital Improvement Project. BDS Engineering is the "as needed" civil engineering consultant selected by the City through the RFQ process and has a three-year contract with the City to provide professional services that began April 10, 2001 in accordance with Resolution 2001-46. RESOLUTION NO. 2002 — 68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ENGINEERING TO EXECUTE WORK ORDER NO. 1 FOR DESIGN SERVICES AND CONSTRUCTION ADMINISTRATION OF THE CITY HALL EMERGENCY GENERATOR UPGRADE PURSUANT TO THE "AS NEEDED" CONTRACT WITH BDS ENGINEERING WHEREAS, Resolution No. 2001-46, dated April 10, 2001, approved a three-year contract with BDS Engineering to provide "as needed" civil engineering services for the City's Capital Improvement Projects; and WHEREAS, with computers, communication equipment and related office equipment, and the HVAC system being such an integral part of the facility operation, it is necessary to upgrade the generator to power the Civic Center so that operations can continue in the event of an emergency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Director of Public Works/Engineering to execute Work Order No. 1 for design services and construction administration of the City Hall Emergency Generator Upgrade pursuant to the "as needed" contract with BDS Engineering. Said Work Order No. 1 is on file in the office of the City Clerk. PASSED and ADOPTED this 7'h day of May, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorne By: -------( Senior Assistant City Attorney ;vdolf Hradecky George H. Waters, Mayor ORkL11'i Aoki NATIONAL CITY HALL EMERGENCY GENERATOR UPGRADE WORK ORDER NO.1 BDS ENGINEERING, INC. This work order is for design, construction administration, and as -built preparation of the City Hall emergency generator upgrade project. Services shall be as set forth in the following Exhibits: EXHIBIT A - SCOPE OF SERVICES EXHIBIT B - PAYMENT FOR SERVICES EXHIBIT C - LISTING OF SUBCONTRACTORS / SUBCONSULTANTS EXHIBIT D — CONSULTANT PROPOSAL CONSULTANT CITY BDS Engines ing, Inc. City of National City Go • on K. Axelson, Burton S. Myers oject Manager Public Works Director/City Engineer Date: .5/z/aZ Date: WED TO FORM off Plradedry pity Attorney 1 EXHIBIT A NATIONAL CITY HALL EMERGENCY GENERATOR UPGRADE WORK ORDER NO. 1 - SCOPE OF SERVICES This work order is for BDS Engineering to provide the City with Public Improvement Drawings for the installation of a new emergency generator to be located on the east side of A Avenue at the south end of the City Hall Building. The plans shall include all associated conduit runs, wiring, and modifications of the electric meter room on the south end of the building. The generator will be located in a protective enclosure. Automatic Transfer switching will be component of the project. Deliverables will include: - Complete improvement drawings including title sheet, site grading and utility plan sheet, Structural and Architectural sheets, and electrical sheets. - All drawings will be done in AutoCad 14 at a scale of 1"=20' on City of National City Title Block D-Sheets EXHIBIT B NATIONAL CITY HALL EMERGENCY GENERATOR UPGRADE PAYMENT FOR SERVICES Payments to BDS Engineering Inc. for the services described in Exhibit A of this work order shall be made in accordance with the "as needed" contract agreement for Civil Engineering services dated April 10, 2001. Normal processing time for payments is four (4) weeks. Payment for the services described in Exhibit A of this work order shall be based on the approved hourly charge rates in the contract. The total cost shall not exceed $25,750.00. See Exhibit D for the cost summary. B. Reimbursable Expenses None. EXHIBIT C NATIONAL CITY HALL EMERGENCY GENERATOR UPGRADE LISTING OF SUBCONTRACTORS / SUBCONSULTANTS Listed below are any and all SUBCONSULTANTS, which the CONSULTANT plans to employ under this AGREEMENT. No change is allowed without the prior approval of the Contract Administrator. Name: Address: -Exi4lQIT D HDS Engineering, Inc Civil Engineering Land Surveying Thomas Jones, PE, IS, Principal Gordon Axelson, PE Principal March 7, 2002 Mr. Steve Kirkpatrick City of National City 1243 National City Blvd. National City, CA 91950-4301 Ref: National City Civic Center Emergency Generator Upgrade Dear Steve: all Urti!•.0V G11 ENGINE• DEPT. RECEIVED Dat.._-...I \.lea BDS Engineering, Inc. is pleased to submit this proposal to provide engineering services for the above referenced project. In addition to the attached electrical scope or work we will provide topographic surveying, site plan, grading plan, structural and architectural plans for the design of an enclosure for the new generator. The proposed enclosure will be designed to match the architecture of the existing restroom. We will provide the services outline here and in the attached scope of work for the following lump sum fees: Design Services • Topographic Survey • Title Sheet • Site, Grading and Utility Plan • Structural and Architectural Plans • Electrical Design Construction Administration • Civil/Architectural $ 750 $ 1,200 $ 2,950 $ 4,000 $ 13,100 $ 750 • Electrical $ 2,000 6 8 5 9 Federal Boulevard Lemon Grove, California 9 1 9 4 5- 1 3 1 5 619-582-4992 Fax 619-582-7428 • Established 1973 Mr. Steve Kirkpatrick City of National City March 7, 2002 Page Two As Builts • Civil/Architectural • Electrical If you have any questions, please do not hesitate to call. Very truly yours, BDS Engineering, Inc. Civil ordon K. Axelson GKA:vc $ . 500 $ 500 Total $25,750 \I ,:'il'.\I.SLRIAI,' 125, do, City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 07, 2002 AGENDA ITEM NO. 12 ITEM TITLE PREPARED BY Resolution Authorizing and Approving the Borrowing of Funds for Fiscal Year 2002-2003; The Issuance and Sale of a 2002-2003 Tax And Revenue Anticipation Note Therefor and Participation in the California Communities Cash Flow Financing Program. Marylou Matienzo DEPARTMENT Finance EXPLANATION The attached proposal authorizes the City to again issue -TRANS, an annual process which we have engaged in continuously since 1994 that generated net interest earni of $100,000 in 1994, approximately $77,000 in.2000, and $85,000 in 2001. Please see attached explanation. • Environmental Review N/A Financial Statement Approved By: Finance Direct The City's participation in the 2002 TRANs wouldgenerate net gain in int earnings to the General Fund of approximately $50,000. Account No. STAFF RECOMMENDATION Staff recommends that the City approve the Resolution authorizing the issuance of tax and revenue anticipation notes for the 2002-2003 fiscal year. BOARD / COMMISSION ECOMMNDATION ATTACHMENTS ( Listed Below ) 1. Detailed Explanation. 2. Prepares Resolution. 3. Purchase Agreement. Resolution No. 2002-69 RESOLUTION NO. 2002 — 69 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2002-2003; THE ISSUANCE AND SALE OF A 2002-2003 TAX AND REVENUE ANTICIPATION NOTE THEREFORE AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM WHEREAS, local agencies are authorized by Section 53850 to 53858, both inclusive, of the Government Code of the State of California (the "Act") (being Article 7.6, Chapter 4, Part 1, Division 2, Title 5 of the Government Code) to borrow money by the issuance of temporary notes; and WHEREAS, the legislative body (the "Legislative Body") of the local agency specified in Section 25 hereof (the "Local Agency") has determined that a sum (the "Principal Amount"), not to exceed the Maximum Amount of Borrowing specified in Section 25 hereof, which Principal Amount is to be confirmed and set in the Pricing Confirmation (as defined in Section 4 hereof), is needed for the requirements of the Local Agency, to satisfy obligations of the Local Agency, and that it is necessary that said Principal Amount be borrowed for such purpose at this time by the issuance of a note therefore in anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys to be received by the Local Agency for the general fund of the Local Agency attributable to its fiscal year ending June 30, 2003 ("Fiscal Year 2002-2003"); and WHEREAS, the Local Agency hereby determines to borrow, for the purposes set forth above, the Principal Amount by the issuance of the Note (as hereinafter defined); and WHEREAS, it appears, and this Legislative Body hereby finds and determines, that the Principal Amount, when added to the interest payable thereon, does not exceed eighty- five percent (85%) of the estimated amount of the uncollected taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts and other moneys of the Local Agency attributable to Fiscal Year 2002-2003 and available for the payment of the principal of the Note and the interest thereon; and WHEREAS, no money has heretofore been borrowed by or on behalf of the Local Agency through the issuance of tax anticipation notes or temporary notes in anticipation of the receipt of, or payable from or secured by, taxes, income, revenue, cash receipts or other moneys for Fiscal Year 2002-2003; and WHEREAS, pursuant to Section 53856 of the Act, certain moneys which will be received by the Local Agency during and attributable to Fiscal Year 2002-2003 can be pledged for the payment of the principal of the Note and the interest thereon (as hereinafter provided); and Resolution No. 2002 — 69 May 7, 2002 Page 2 WHEREAS, the Local Agency has determined that it is in the best interests of the Local Agency to participate in the California Communities Cash Flow Financing Program (the "Program"), whereby participating local agencies (collectively, the "Issuers") will simultaneously issue tax and revenue anticipation notes; and WHEREAS, the Program requires the participating Issuers to sell their tax and revenue anticipation notes to the California Statewide Communities Development Authority (the "Authority") pursuant to note purchase agreements (collectively, "Purchase Agreements"), each between such individual Issuer and the Authority, and dated as of the date of the Pricing Confirmation, a form of which has been submitted to the Legislative Body; and WHEREAS, the Authority, in consultation with RBC Dain Rauscher, Inc., as financial advisor for the Program (the "Financial Advisor"), will form one or more pools of notes (the "Pooled Notes") and assign each note to a particular pool (the "Pool") and sell a series (the "Series") of bonds (the "Bonds") secured by each Pool pursuant to an indenture (the "Indenture") between the Authority and Wells Fargo Bank, National Association, as trustee (the "Trustee"), each Series distinguished by whether or what type(s) of Credit Instrument(s) (as hereinafter defined) secure(s) such Series, by the principal amounts of the notes assigned to the Pool, by whether interest on the Series of Bonds is a fixed rate of interest or a variable rate of interest swapped to a fixed rate, by the Authority, or by other factors, and the Local Agency hereby acknowledges and approves the discretion of the Authority to assign the Note to such Pool and such Indenture as the Authority may determine; and WHEREAS, as additional security for the owners of each Series of Bonds, all or a portion of the payments by all of the Issuers of the notes assigned to such Series may or may not be secured (by virtue or in form of the Bonds, as indicated in the Pricing Confirmation, being secured in whole or in part) by an irrevocable letter (or letters) of credit or policy (or policies) of insurance or other credit instrument (or instruments) (collectively, the "Credit Instrument") issued by the credit provider or credit providers designated in the Indenture, as finally executed (collectively, the "Credit Provider"), pursuant to a credit agreement or agreements or commitment letter or letters (collectively, the "Credit Agreement") between the Authority and the respective Credit Provider; and WHEREAS, the net proceeds of the Note may be invested by the Local Agency in Permitted Investments (as defined in the Indenture) or in any other investment permitted by the laws of the State of California, as now in effect and as hereafter amended, modified or supplemented from time to time; and WHEREAS, as part of the Program each participating Issuer approves the Indenture, the alternative forms of Credit Agreements, if any, in substantially the forms presented to the Legislative Body, with the final form of Indenture, type of Credit Instrument and corresponding Credit Agreement to be determined and approved by delivery of the Pricing Confirmation; and Background The attached resolution authorizes the issuance by the City of National City not to exceed $2,000,000 2002 Tax and Revenue Anticipation Notes (TRANs). The maturity of the 2002 TRANs will not exceed 15 months and will be dated July 3, 2002. The TRANs will be issued through a statewide financing program jointly sponsored by the California State Association of Counties and the League of California Cities. Purpose The purpose of the temporary borrowing is to increase available cash balances, which provide operating funds to cover cash shortfalls. Cash shortfalls arise due to the timing differential of monthly cash receipts and disbursements throughout the 2002-2003 fiscal year. The borrowing also provides an additional source of revenue because the cost of the borrowing is less than reinvestment income, producing a net gain to the City of approximately $50,000.00 in interest earnings. Discussion The advantages of participating in the statewide TRANs program rather than an individual financing or another pooled TRANs are many. The costs are lower because they are shared by other participating cities, counties, and special districts. There is standardized documentation and credit criteria employed in the financing, as well as a streamlined issuance process. The statewide program also offers the City the option of issuing TRANs which mature in 12, 13 or 15 months. The 13 and 15 month options will provide the City with one or three more months of interest earnings, respectively. Finally, there is the ability to obtain the highest credit rating on the financing with the availability of insurance. The City's TRANs maturity will be up to 15 months dated July 3, 2002 and due no later than October 2, 2003. The City will determine the maturity of the TRANs depending on market conditions in June 2002. Even if the City issues 13 or 15 month TRANs. The City will be able to issue another 12, 13 or 15 month TRANs on July 1, 2003. The attached resolution authorizes the issuance by the City of Tax and Revenue Anticipates Notes (TRANs) in an amount not to exceed $2,000,000. The resolution authorizes various financing documentation, including a purchase agreement and an indenture which is on file in the City Clerk's Office. The resolution authorizes the Mayor, City Manager and Finance Director to sign financing documentation in connection with the issuance of TRANs. The resolution also appoints the law firm of Orrick, Herrington & Sutcliffe as bond counsel to the City. Orrick is a national law firm which specializes in municipal bond law. Recommendation Staff recommends that the City Council approve the Resolution authorizing the issuance of Tax and Revenue Anticipation Notes (TRANs) for the 2002-2003 fiscal year. Resolution No. 2002 — 69 May 7, 2002 Page 3 WHEREAS, pursuant to the Program each participating Issuer will be responsible for its share of (a) the fees of the Trustee and the costs of issuing the applicable Series of Bonds, and (b), if applicable, the fees of the Credit Provider (which shall be payable from, among other sources, and moneys in the Costs of Issuance Fund established and held under the Indenture), the Issuer's allocable share of all Predefault Obligations and the Issuer's Reimbursement Obligations, if any (each as defined in the Indenture); and WHEREAS, pursuant to the Program, the underwriter will submit an offer to the Authority to purchase, in the case of each Pool of Notes, the Series of Bonds which will be secured by the Indenture to which such Pool will be assigned' and WHEREAS, it is necessary to engage the services of certain professionals to assist the Local Agency in its participation in the Program, NOW, THEREFORE, the City Council of the City of National City hereby finds, determines, declares and resolves as follows: Section 1. Recitals. This Legislative Body hereby finds and determines that all the above recitals are true and correct. Section 2. Authorization of Issuance. This Legislative Body hereby determines to borrow solely for the purpose of anticipating taxes, income, revenue, cash receipts and other moneys to be received by the Local Agency for the general fund of the Local Agency attributable to Fiscal Year 2002-2003, by the issuance of a note in the Principal Amount under Sections 53850 et seq. of the Act, designated the Local Agency's "2002 Tax and Revenue Anticipation Note" (the "Note"), to be issued in the form of one fully registered note at the Principal Amount thereof, to be dated the date of its delivery to the initial purchaser thereof, to mature (without option of prior redemption) not more than fifteen months thereafter on a date indicated on the face thereof and determined in the Pricing Confirmation (the "Maturity Date"), and to bear interest, payable at maturity (and if the maturity is more than twelve months from the date of issuance, payable on the interim payment date set forth in the Pricing Confirmation) and computed upon the basis of a 360-day year consisting of twelve 30-day months, or a 365 or 366- day year, as the nasP may be, and actual days elapsed, at a rate not to exceed twelve percent (12%) per annum as determined in the Pricing Confirmation and indicated on the face of the Note (the "Note Rate"). If the Series of Bonds issued in connection with the Note is secured in whole or in part by a Credit Instrument or such Credit Instrument secures the Note in whole or in part and all principal of and interest on the Note is not paid in full at maturity or if payment of principal of and/or interest on the Note is paid (in whole or in part) by a draw under, payment by or claim upon a Credit Instrument which draw, payment or claim is not fully reimbursed on such date, such Note shall become a Defaulted Note (as defined in the Indenture), and the unpaid portion (including the interest component, if applicable) thereof (or the portion (including the interest component, if applicable) thereof with respect to which a Credit Instrument applies for which reimbursement on a draw, payment or claim has not been fully made) shall be deemed Resolution No. 2002 — 69 May 7, 2002 Page 4 outstanding and shall continue to bear interest thereafter until paid at the Default Rate (as defined in the Indenture). If the Note or the Series of Bonds issued in connection with the Note is unsecured in whole or in part and the Note is not fully paid at maturity, the unpaid portion thereof (or the portion thereof to which no Credit Instrument applies which is unpaid) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the Default Rate. In each case, however, the obligation of the Local Agency with respect to such Defaulted Note or unpaid Note shall not be a debt or liability of the Local Agency prohibited by Article XVI, Section 18 of the California Constitution and the Local Agency shall not be liable thereon except to the extent of any available revenues attributable to Fiscal Year 2002-2003, as provided in Section 8 hereof. The percentage of the Note to which a Credit Instrument, if any, applies (the "Secured Percentage") shall be equal to the amount of the Credit Instrument divided by the aggregate amount of unpaid principal of and interest on the unpaid notes (or portions thereof) of all Issuers, expressed as a percentage (but not greater than 100%) as of the maturity date. Both the principal of and interest on the Note shall be payable in lawful money of the United States of America. The principal of and interest on the Note at maturity shall be paid upon surrender of the Note at the corporate trust office of Wells Fargo Bank, National Association in Los Angeles, California. The Note shall be issued in conjunction with the note or notes of one or more other Issuers as part of the Program and within the meaning of Section 53 853 of the Act. Section 3. Form of Note. The Note shall be issued in fully registered form without coupons and shall be substantially in the form and substance set forth in Exhibit A as attached hereto and by reference incorporated herein, the blanks in ; said forms to be filled in with appropriate words and figures. Section 4. Sale of Note: Delegation. The Note shall be sold to the Authority pursuant to the Purchase Agreement. The form of the Purchase Agreement, including the form of the pricing confirmation supplement (the "Pricing Confirmation") set forth as Exhibit A thereto, presented to this meeting are hereby approved. The authorized representatives set forth in Section 25 hereof (the "Authorized Representatives") are each hereby authorized and directed to execute and deliver the Purchase Agreement in substantially said form, with such changes thereto as such Authorized Representative shall approve, such approval to be conclusively evidenced by his or her execution and delivery thereof; provided, however, that the Purchase Agreement ,shall not be effective and binding on the Local Agency until the execution and delivery of' the Pricing Confirmation. The Authorized Representatives are each hereby further authorized and directed to execute and deliver the Pricing Confirmation in substantially said form, with such changes thereto as such Authorized Representative shall approve, such approval to be conclusively evidenced by his or her execution and delivery thereof; provided, however, that the interest rate on the Note shall not exceed twelve percent (12%) per annum, the discount on the Note, when added to the Local Agency's share of the costs of issuance of the Bonds, shall Resolution No. 2002 — 69 May 7, 2002 Page 5 not exceed one percent (1.0%), and the Principal Amount shall not exceed the Maximum Amount of Borrowing. Delivery of an executed copy of the Pricing Confirmation by fax or telecopy shall be deemed effective execution and delivery for all purposes. Section 5. Program Approval. The Pricing Confirmation shall indicate whether and what type of Credit Instrument will apply. The forms of Indenture, alternative general types and forms of Credit Agreements, if any, presented to this meeting are hereby acknowledged, and it is acknowledged that the Authority will execute and deliver the Indenture, one or more Credit Agreements, if applicable, which shall be identified in the Pricing Confirmation, in substantially one or more of said forms with such changes therein as the Authorized !Representative who executes the Pricing Confirmation shall require or approve (substantially filial forms of the Indenture and the Credit Agreement are to be delivered to the Authorized Representative concurrent with the Pricing Confirmation), such approval of the Authorized Representative and this Legislative Body to be conclusively evidenced by the execution of the Pricing Confirmation. Any one of the Authorized Representatives of the Local Agency is hereby authorized and directed to provide the Financial Advisor or the underwriter with such information relating to the Local Agency as the Financial Advisor or the underwriter shall reasonably request for inclusion in the Preliminary Official Statement and Official Statement of the Authority. Upon inclusion of the information relating to the Local Agency therein, the Preliminary Official Statement and Official Statement or such other offering document is, except for certain omissions permitted by Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the "Rule"), hereby deemed final within the meaning of the Rule with respect to the Local Agency and any Authorized Representative of the Local Agency is authorized to execute a certificate to such effect. If, at any time prior to the end of the underwriting period, as defined in the Rule, any event occurs as a result of which the information contained in the Preliminary Official Statement or other offering document relating to the Local Agency might include an untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, the Local Agency shall promptly notify the Financial Advisor and the underwriter. Subject to Section 8 hereof, the Local Agency hereby agrees that if the Note shall become a Defaulted Note, the unpaid portion (including the interest component, if applicable) thereof or the portion (including the interest component, if applicable) to which a Credit Instrument applies for which full reimbursement on a draw, payment or claim has not been made by the Maturity Date shall be deemed outstanding and shall not be deemed to be paid until (i) any Credit Provider providing a Credit Instrument with respect to the Note or the Series of Bonds issued in connection with the Note, has been reimbursed for any drawings, payments or claims made under or from the Credit Instrument with respect to the Note, including interest accrued thereon, as provided therein and in the applicable Credit Agreement, and, (ii) the holders of the Note, or Resolution No. 2002 — 69 May 7, 2002 Page 6 Series of the Bonds issued in connection with the Note, are paid the full principal amount represented by the unsecured portion of the Note plus interest accrued thereon (calculated at the Default Rate) to the date of deposit of such aggregate required amount with the Trustee. For purposes of clause (ii) of the preceding sentence, holders of the Series of Bonds will be deemed to have received such principal amount upon deposit of such moneys with the Trustee. The Local Agency agrees to pay or cause to be paid, in addition to the amounts payable under the Note, any fees or expenses of the Trustee and, to the extent permitted by law, if the Local Agency's Note is secured in whole or in part by a Credit Instrument (by virtue of the fact that the Series of Bonds is secured by a Credit Instrument), any Predefault Obligations and Reimbursement Obligations (to the extent not payable under the Note), (i) arising out of an "Event of Default" hereunder (or pursuant to Section 7 hereof) or (ii) arising out of any other event (other than an event arising solely as a result of or otherwise attributable to a default by any other Issuer). In the case described in (ii) above with respect to Predefault Obligations, the Local Agency shall owe only the percentage of such fees, expenses and Predefault Obligations equal to the ratio of the principal amount of its Note over the aggregate principal amounts of all notes, including the Note, of the Series of which the Note is a part, at the time of original issuance of such Series. Such additional amounts will be paid by the Local Agency within twenty-five (25) days of receipt by the Local Agency of a bill therefore from the Trustee. Section 6. No Joint Obligation. The Note will be issued in conjunction with a note or notes of one or more other Issuers, assigned to secure a Series of Bonds. In all cases, the obligation of the Local Agency to make payments on or in respect to its Note is a several and not a joint obligation and is strictly limited to the Local Agency's repayment obligation under this Resolution and the Note. Section 7. Disposition of Proceeds of Note. A portion of the moneys received from the sale of the Note in an amount equal to the Local Agency's share of the costs of issuance (which shall include any fees and expenses in connection with any Credit Instrument applicable to the Note or Series of Bonds) shall be deposited in the Costs of Issuance Fund held and invested by the Trustee under the Indenture and expended as directed by the Authority on costs of issuance as provided in the Indenture. The balance of the moneys received from the sale of the Note to the Authority shall be deposited in the Local Agency's Proceeds Subaccount hereby authorized to be created pursuant to, and held and invested by the Trustee under, the Indenture for the Local Agency and said moneys may be used and expended by the Local Agency for any purpose for which it is authorized to use and expend moneys, upon requisition from the Proceeds Subaccount as specified in the Indenture. Amounts in the Proceeds Subaccount are hereby pledged to the payment of the Note. The Trustee will not create subaccounts within the Proceeds Fund, but will keep records to account separately for proceeds of the Bonds allocable to the Local Agency's Note on :deposit in the Proceeds Fund which shall constitute the Local Agency's Proceeds Subaccount. Resolution No. 2002 — 69 May 7, 2002 Page 7 Section 8. Source of Payment. (A) The principal amount of the Note, together with the interest thereon, shall be payable from taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts and other moneys which are received by the Local Agency for the general fund of the Local Agency and are attributable to Fiscal Year 2002-2003 and which are available for payment thereof. As security for the payment of the principal of and interest on the Note, the Local Agency hereby pledges certain unrestricted revenues (as hereinafter provided, the "Pledged Revenues") which are received by the Local Agency for the general fund of the Local Agency and are attributable to Fiscal Year 2002-2003, and the principal of the Note and the interest thereon shall constitute a first lien and charge thereon and shall be payable from the first moneys received by the Local Agency from such Pledged revenues, and, to the extent not so paid, shall be paid from any other taxes, income, revenue, cash receipts and other moneys of the Local Agency lawfully available therefore (all as provided for in Sections 53856 and 53857 of the Act). The term "unrestricted revenues" shall mean all taxes, income, revenue (including, but not limited to, revenue from the state and federal govenunents), cash receipts, and other moneys, intended as receipts for the general fund of the Local Agency attributable to Fiscal Year 2002-2003 and which are generally available for the payment of current expenses and other obligations of the Local Agency. The Noteholders, Bondholders and Credit Provider shall have a first lien and charge on such certain unrestricted revenues as hereinafter provided which are received by the Local Agency and are attributable to Fiscal Year 2002-2003. In order to effect the pledge referenced in the preceding paragraph, the Local Agency hereby agrees and covenants to establish and maintain a special account within the Local Agency's general fund to be designated the "2002 Tax and Revenue Anticipation Note Payment Account" (the "Payment Account") and further agrees and covenants to maintain the Payment Account until the payment of the principal of the Note and the interest thereon. Notwithstanding the foregoing, if the Local Agency elects to have Note proceeds invested in Permitted Investments to be held by the Trustee pursuant to the Pricing Confinnation, a subaccount of the Payment Account (the "Payment Subaccount") shall be established for the Local Agency under the Indenture and proceeds credited to such account shall be pledged to the payment of the Note. The Trustee need not create a subaccount, but may keep a record to account separately for proceeds of the Note so held and invested by the Trustee which record shall constitute the Local Agency's Proceeds Subaccount. Transfers from the Payment Subaccount shall be made in accordance with the Indenture. The Local Agency agrees to transfer to and deposit in the Payment Account the first amounts received in the months specified in the Pricing Confirmation as Repayment Months (each individual month a "Repayment Month" and collectively "Repayment Months") (and any amounts received thereafter attributable to Fiscal Year 2002- 2003) until the amount on deposit in the Payment Account, together with the amount, if any, on deposit in the Payment Subaccount, and taking into consideration anticipated investment earnings thereon to be received by the Maturity Date, is equal in the respective Repayment Months identified in the Pi -icing Confirmation to the percentage of the principal and interest due Resolution No. 2002 — 69 May 7, 2002 Page 8 on the Note specified in the Pricing Confirmation. In making such transfer and deposit, the Local Agency shall not be required to physically segregate the amounts to be transferred to and deposited in the Payment Account from the Local Agency's other general fund moneys, but, notwithstanding any commingling of funds for investment or other purposes, the amounts required to be transferred to and deposited in the Payment Account shall nevertheless be subject to the lien and charge created herein. Any one of the Authorized Representatives of the Local Agency is hereby authorized to approve the determination of the Repayment Months and percentages of the principal and interest due on the Note required to be on deposit in the Payment Account and/or the Payment Subaccount in each Repayment Month, all as specified in the Pricing Confirmation, by executing and delivering the Pricing Confirmation, such execution and delivery to be conclusive evidence of approval by this Legislative Body and such Authorized Representative; provided, however, that the maximum number of Repayment Months shall be six and the maximum amount of Pledged Revenues required to be deposited in each Repayment Month shall not exceed fifty percent (50%) of the aggregate principal and interest due on the Note. In the event on the day in each such Repayment Month that a deposit to the Payment Account is required to be made, the Local Agency has not received sufficient unrestricted revenues to permit the deposit into the Payment Account of the full amount of Pledged Revenues to be deposited in the Payment Account from said unrestricted revenues in said month, then the amount of any deficiency shall be satisfied and made up from any other moneys of the Local Agency lawfully available for the payment of the principal of the Note and the interest thereon, as and when such other moneys are received or are otherwise legally available. (B) Any moneys placed in the Payment Account or the Payment Subaccount shall be for the benefit of (i) the holder of the Note and the holders of Bonds issued in connection with the Notes and (ii) (to the extent provided in the Indenture) the Credit Provider, if any. The moneys in the Payment Account and the Payment Subaccount shall be applied only for the purposes for which such Accounts are created until the principal of the Note and all interest thereon are paid or until provision has been made for the payment of the principal of the Note at maturity with interest to maturity (in accordance with the requirements for defeasance of the Bonds as set forth in the Indenture) and, if applicable, (to the extent provided in the Indenture and, if applicable, the Credit Agreement) the payment of all Predefault Obligations and Reimbursement Obligations owing to the Credit Provider. (C) The Local Agency hereby directs the Trustee to transfer on the Note Payment Deposit Date (as defined in the Indenture), any moneys in the Payment Subaccount to the Bond Payment Fund (as defined in the Indenture). In addition, on the Note Payment Deposit Date, the moneys in the Payment Account shall be transferred by the Local Agency to the Trustee, to the extent necessary (after crediting any transfer pursuant to the preceding sentence), to pay the principal of and/or interest on the Note, to make payments to a Swap Provider, if any, as defined in the Indenture, pursuant to a Swap Agreement, if any, as defined in the Indenture, or to Resolution No. 2002 — 69 May 7, 2002 Page 9 reimburse the Credit Provider for payments made under or pursuant to the Credit Instrument. In the event that moneys in the Payment Account and/or the Payment Subaccount are insufficient to pay the principal of and interest on the Note in full when due, such moneys shall be applied in the following priority: first to pay interest on the Note; second to pay principal of the Note; third to reimburse the Credit Provider for payment, if any, of interest with respect to the Note; fourth to reimburse the Credit Provider for payment, if any, of principal with respect to the Note; and fifth to pay any Reimbursement Obligations of the Local Agency and any of the Local Agency's pro rata share of Predefault Obligations owing to the Credit Provider. Any moneys remaining in or accruing to the Payment Account and/or the Payment Subaccount after the principal of the Note and the interest thereon and any Predefault Obligations and Reimbursement Obligations, if applicable, have been paid, or provision for such payment has been made, shall be transferred to the general fund of the Local Agency, subject to any other disposition required by the Indenture, or, if applicable, the Credit Agreement. Nothing herein shall be deemed to relieve the Local Agency from its obligation to pay its Note in full on the Maturity Date. (D) Moneys in the Proceeds Subaccount and in the Payment Subaccount shall be invested by the Trustee pursuant to the Indenture as directed by the Local Agency in Permitted Investments as described in and under the terms of the Indenture. Any such investment by the Trustee shall be for the account and risk of the Local Agency, and the Local Agency shall not be deemed to be relieved of any of its obligations with respect to the Note, the Predefault Obligations or Reimbursement Obligations, if any, by reason of such investment of the moneys in its Proceeds Subaccount or the Payment Subaccount. (E) At the written request of the Credit Provider, if any, the Local Agency shall, within ten (10) Business Days following the receipt of such written request, file such report or reports to evidence the transfer to and deposit in the Payment Account required by this Section 8 and provide such additional financial information as may be required by the Credit Provider, if any. Section 9. Execution of Note. Any one of the Authorized Representatives of the Local Agency or any other officer designated by the Legislative Body shall be authorized to execute the Note by manual or facsimile signature and the Secretary or Clerk of the Legislative Body of the Local Agency, or any duly appointed assistant thereto, shall be authorized to countersign the Note by manual or facsimile signature. Said Authorized Representative of the Local Agency, is hereby authorized to cause the blank spaces of the Note to be filled in as may be appropriate pursuant to the Pricing Confirmation. The Authorized Representative is hereby authorized and directed to cause the Authority to assign the Note to the Trustee, pursuant to the terms and conditions of the Purchase Agreement, this Resolution and the Indenture. In case any Authorized Representative whose signature shall appear on any Note shall cease to be an Authorized Representative before the delivery of such Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Note need not bear the seal of the Local Agency, if any. Resolution No. 2002 — 69 May 7, 2002 Page 10 Section 10. Intentionally Left Blank. This section has been included to preserve the sequence of section numbers for cross-referencing purposes. Section 11. Representations and Covenants of the Local Agency. The Local Agency makes the following representations for the benefit of the holder of the Note, the owners of the Bonds and the Credit Provider, if any: (A) The Local Agency is duly organized and existing under and by virtue of the laws of the State of California) and has all necessary power and authority to (i) adopt this Resolution and perform its obligations thereunder, (ii) enter into and perform its obligations under the Purchase Agreement, and (iii) issue the Note and perform its obligations thereunder. (B) (i) Upon the issuance of the Note, the Local Agency shall have taken all. action required to be taken by it to authorize the issuance and delivery of the Note and the performance of its obligations thereunder, and (ii) the Local Agency has full legal right, power and authority to issue and deliver the Note. (C) The issuance of the Note, the adoption of the Resolution and the execution and delivery of the Purchase Agreement, and compliance with the provisions hereof and thereof do not conflict with, breach or violate any law, administrative regulation, court decree, resolution, charter, by-laws or other agreement to which the Local Agency is subject or by which it is bound. (D) Except as may be required under blue sky or other securities laws of any state or Section 3(a)(2) of the Securities Act of 1933, there is no consent, approval, authorization or other order of, or filing with, or certification by, any regulatory authority having jurisdiction over the Local Agency required for the issuance and sale of the Note or the consummation by the Local Agency of the other transactions contemplated by this esolution, except those the Local Agency shall obtain or perform prior to or upon the issuance or he Note. (E) The Local Agency has (or will have prior to the issuance of the Note) duly, regularly and properly adopted a preliminary budget for Fiscal Year 2002-2003 setting forth expected revenues and expenditures and has complied with all statutory and regulatory requirements with respect to the adoption of such budget. The Local Agency hereby covenants that it shall (i) duly, regularly and properly prepare and adopt its final budget for Fiscal Year 2002-2003, (ii) provide to the Trustee, the Credit Provider, if any, and the Financial Advisor and the underwriter, promptly upon adoption, copies of such final budget and of any subsequent revisions, modifications or amendments thereto and (iii) comply with all applicable laws pertaining to its budget. Resolution No. 2002 — 69 May 7, 2002 Page 11 (F) The sum of the principal amount of the Local Agency's Note plus the interest payable thereon, on the date of its issuance, shall not exceed fifty percent (50%) of the estimated amounts of the Local Agency's uncollected taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts, and other moneys to be received by the Local Agency for the general fund of the Local Agency attributable to Fiscal Year 2002-2003, all of which will be legally available to pay principal of and interest on the Note. (G) The Local Agency (i) has not defaulted within the past twenty (20) years, and is not currently in default, on any debt obligation and (ii), to the best knowledge of the Local Agency, has never defaulted on any debt obligation. (H) The Local Agency's most recent audited financial statements present fairly the financial condition of the Local Agency as of the date thereof and the results of operation for the period covered thereby. Except as has been disclosed to the Financial Advisor and the underwriter and the Credit Provider, if any, there has been no change in the financial condition of the Local Agency since the date of such audited financial statements that will in the reasonable opinion of the Local Agency materially impair its ability to perform its obligations under this Resolution and the Note. The Local Agency agrees to furnish to the Authority, the Financial Advisor, the underwriter, the Trustee and the Credit Provider, if any, promptly, from time to time, such information regarding the operations, financial condition and property of the Local Agency as such party may reasonably request. (I) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, arbitrator, governmental or other board, body or official, pending or, to the best knowledge of the Local Agency, threatened against or affecting the Local Agency questioning the validity of any proceeding taken or to be taken by the Local Agency in connection with the Note, the Purchase Agreement, the Indenture, the Credit Agreement, if any, or this Resolution, or seeking to prohibit, restrain or enjoin the execution, delivery or performance by the Local Agency of any of the foregoing, or wherein an unfavorable decision, ruling or finding would have a materially adverse effect on the Local Agency's financial condition or results of operations or on the ability of the Local Agency to conduct its activities as presently conducted or as proposed or contemplated to be conducted, or would materially adversely affect the validity or enforceability of, or the authority or ability of the Local Agency to perform its obligations under, the Note, the Purchase Agreement, the Indenture, the Credit Agreement, if any, or this Resolution. (J) Upon issuance of the Note and execution of the Purchase Contract, this Resolution, the Purchase Contract and the Note will constitute legal, valid and binding agreements of the Local Agency, enforceable in accordance with their respective terms, except as such enforceability may be limited by bankruptcy or other laws affecting creditors' rights Resolution No. 2002 — 69 May 7, 2002 Page 12 generally, the application of equitable principles if equitable remedies are sought, the exercise of judicial discretion in appropriate cases and the limitations on legal remedies against local agencies, as applicable, in the State of California. (K) The Local Agency and its appropriate officials have duly taken, or will take, all proceedings necessary to be taken by them, if any, for the levy, receipt, collection and enforcement of the Pledged Revenues in accordance with law for carrying out the provisions of this Resolution and the Note. (L) The Local Agency shall not incur any indebtedness secured by a pledge of its Pledged Revenues unless such pledge is subordinate in all respects to the pledge of Pledged Revenues hereunder. (M) So long as the Credit Provider, if any, is not in payment default under the Credit Instrument, the Local Agency hereby agrees to pay its pro rata share of all Predefault Obligations and all Reimbursement Obligations attributable to the Local Agency in accordance with provisions of the Credit Agreement, if any, and/or the Indenture, as applicable. Prior to the Maturity Date, moneys in the Local Agency's Payment Account and/or Payment Subaccount shall not be used to make such payments. The Local Agency shall pay such amounts promptly upon receipt of notice from the Credit Provider that such amounts are due to it. (N) So long as any Bonds issued in connection with the Notes are Outstanding, or any Predefault Obligation or Reimbursement Obligation is outstanding, the Local Agency will not create or suffer to be created any pledge of or lien on the Note other than the pledge and lien of the Indenture. Section 12. Tax Covenants. (A) The Local Agency shall not take any action or fail to take any action if such action or failure to take such action would adversely affect the exclusion from gross income of the interest payable on the Note or Bonds under Section 103 of the Internal Revenue Code of 1986 (the "Code"). Without limiting the generality of the foregoing, the Local Agency shall not make any use of the proceeds of the Note or Bonds or any other funds of the Local Agency which would cause the Note or Bonds to be an "arbitrage bond" within the meaning of Section 148 of the Code, a "private activity bond" within the meaning of Section 141(a) of the Code, or an obligation the interest on which is subject to federal income taxation because it is "federally guaranteed" as provided in Section 149(b) of the Code. The Local Agency, with respect to the proceeds of the Note, will comply with all requirements of such sections of the Code and all regulations of the United States Department of the Treasury issued or applicable thereunder to the extent that such requirements are, at the time, applicable and in effect. Resolution No. 2002 — 69 May 7, 2002 Page 13 (B) The Local Agency hereby (i) represents that the aggregate face amount of all tax-exempt obligations (including any tax-exempt leases, but excluding private activity bonds), issued and to be issued by the Local Agency during calendar year 2002, including the Note, is not reasonably expected to exceed $5,000,000; or, in the alternative, (ii) covenants that the Local Agency will take all legally permissible steps necessary to ensure that all of the gross proceeds of the Note will be expended no later than the day that is six months after the date of issuance of the Note so as to satisfy the requirements of Section 148(f)(4XB) of the Code. (C) Notwithstanding any other provision of this Resolution to the contrary, upon the Local Agency's failure to observe, or refusal to comply with, the covenants contained in this Section 12, no one other than the holders or former holders of the Note, the owners of the Bond, the Credit Provider, if any, or the Trustee on their behalf shall be entitled to exercise any right or remedy under this Resolution on the basis of the Local Agency's failure to observe, or refusal to comply with, such covenants. (D) the Note. The covenants contained in this Section 12 shall survive the payment of Section 13. Events of Default and Remedies. If any of the following events occurs, it is hereby defined as and declared to be and to constitute an "Event of Default": (A) Failure by the Local Agency to make or cause to be made the transfers and deposits to the Payment Account, or any other payment required to be paid hereunder, including payment of principal and interest on the Note, on or before the date on which such transfer, deposit or other payment is due and payable; (B) Failure by the Local Agency to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Resolution, for a period of fifteen (15) days after written notice, specifying such failure and requesting that it be remedied, is given to the Local Agency by the Trustee or the Credit Provider, if applicable, unless the Trustee and the Credit Provider shall all agree in writing to an extension of such time prior to its expiration; (C) Any warranty, representation or other statement by or on behalf of the Local Agency contained in this Resolution or the Purchase Agreement (including the Pricing Confirmation) or in any requisition or any financial report delivered by the Local Agency or in any instrument furnished in compliance with or in reference to this Resolution or the Purchase Agreement or in connection with the Note, is false or misleading in any material respect; (D) A petition is filed against the Local Agency under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect and is not dismissed within 30 days after Resolution No. 2002 — 69 May 7, 2002 Page 14 such filing, but the Trustee shall have the right to intervene in the proceedings prior to the expiration of such thirty (30) days to protect its and the Bond Owners' (or Noteholders') interests; (E) The Local Agency files a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; or (F) The Local Agency admits insolvency or bankruptcy or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the Local Agency or any of its property is appointed by court order or takes possession thereof and such order remains in effect or such possession continues for more than 30 days, but the Trustee shall have the right to intervene in the proceedings prior to the expiration of such thirty (30) days to protect its and the Bond Owners' or Noteholders' interests. Whenever any Event of Default referred to in this Section 13 shall have happened and be continuing, the Trustee, as holder of the Note, shall, in addition to any other remedies provided herein or by law or under the Indenture, if applicable, have the right, at its option without any further demand or notice, to take one or any combination of the following remedial steps: (1) Without declaring the Note to be immediately due and payable, require the Local Agency to pay to the Trustee, as holder of the Note, an amount equal to the principal of the Note and interest thereon to maturity, plus all other amounts due hereunder, and upon notice to the Local Agency the same shall become immediately due and payable by the Local Agency without further notice or demand; and (2) Take whatever other action at law or in equity (except for acceleration of payment on the Note) which may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder and under the Note or to enforce any other of its rights hereunder. Notwithstanding the foregoing, if the Local Agency's Note is secured in whole or in part by a Credit Instrument or if the Credit Provider is subrogated to rights under the Local Agency's Note, as long as the Credit Provider has not failed to comply with its payment obligations under the Credit Instrument, the Credit Provider shall have the right to direct the remedies upon any Event of Default hereunder, and the Credit Provider's prior consent shall be required to any remedial action proposed to be taken by the Trustee hereunder. If the Credit Provider is not reimbursed for any drawing, payment or claim, as applicable, used to pay principal of and interest on the Note due to a default in payment on the Note by the Local Agency, or if any principal of or interest on the Note remains unpaid Resolution No. 2002 — 69 May 7, 2002 Page 15 after the Maturity Date, the Note shall be a Defaulted Note, the unpaid portion (including the interest component, if applicable) thereof or the portion (including the interest component, if applicable) to which a Credit Instrument applies for which reimbursement on a draw, payment or claim has not been made shall be deemed outstanding and shall bear interest at the Default Rate until the Local Agency's obligation on the Defaulted Note is paid in full or payment is duly provided for, all subject to Section 8 hereof Section 14. Trustee. The Local Agency hereby directs and authorizes the payment by the Trustee of the interest on and principal of the Note when such become due and payable, from amounts received by the Trustee frkam the Local Agency in the manner set forth herein. The Local Agency hereby covenants to !deposit funds in such account or fund, as applicable, at the time and in the amount specified herein to provide sufficient moneys to pay the principal of and interest on the Note on the Note 'Payment Deposit Date. Payment of the Note shall be in accordance with the terms of the Note and this Resolution. Section 15. Sale of Note. The Note shall be sold to the Authority, in accordance with the terms of the Purchase Agreement, hereinbefore approved, and issued payable to the Trustee, as assignee of the Authority. Section 16. Intentionally Left Blank. This section has been included to preserve the sequence of section numbers for cross-referencing purposes. Section 17. Approval of Actions. The aforementioned Authorized Representatives of the Local Agency are hereby authorized and directed to execute the Note and cause the Trustee to accept delivery of the Note, pursuant to the terms and conditions of the Purchase Agreement and the Indenture. All actions heretofore taken by the officers and agents of the Local Agency or this Legislative Body with respect to the sale and issuance of the Note and participation in the Program are hereby approved, confirmed and ratified and the Authorized Representatives and agents of the Local Agency are hereby authorized and directed, for and in the name and on behalf of the Local Agency, to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Note in accordance with, and related transactions contemplated by, this Resolution. The Authorized Representatives of the Local Agency referred to above in Section 4 hereof are hereby designated as "Authorized Local Agency Representatives" under the Indenture. In the event that the Note or a portion thereof is secured by a Credit Instrument, any one of the Authorized Representatives of the Local Agency is hereby authorized and directed to provide the Credit Provider, with any and all information relating to the Local Agency as such Credit Provider may reasonably request. Resolution No. 2002 — 69 May 7, 2002 Page 16 Section 18. Proceedings Constitute Contract. The provisions of the Note and of this Resolution shall constitute a contract between the Local Agency and the registered owner of the Note, and such provisions shall be enforceable by mandamus or any other appropriate suit, action or proceeding at law or in equity in any court of competent jurisdiction, and shall be irrepealable. The Credit Provider, if any, is a third party beneficiary of the provisions of this Resolution and the Note. Section 19. Limited Liability. Notwithstanding anything to the contrary contained herein or in the Note or in any other document mentioned herein or related to the Note or to any Series of Bonds to which the Note may be assigned, the Local Agency shall not have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby except to the extent payable from moneys available therefore as set forth in Section 8 hereof. Section 20. Amendments. At any time or from time to time, the Local Agency may adopt one or more Supplemental Resolutions with the written consents of the Authority and the Credit Provider, if any, but without the necessity for consent of the owner of the Note or of the Bonds issued in connection with the Note for any one or more of the following purposes: (A) to add to the covenants and agreements of the Local Agency in this Resolution, other covenants and agreements to be observed by the Local Agency which are not contrary to or inconsistent with this Resolution as theretofore in effect; (B) to add to the limitations and restrictions in this Resolution, other limitations and restrictions to be observed by the Local Agency which are not contrary to or inconsistent with this Resolution as theretofore in effect; i (C) to confirm, as further assurance, any pledge under, and the subjection to any lien or pledge created or to be created by, this Resolution, of any monies, securities or funds, or to establish any additional funds or accounts to be held under this Resolution; (D) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision in this Resolution; or (E) to amend or supplement this Resolution in any other respect; provided, however, that any such Supplemental Resolution does not adversely affect the interests of the owners of the Note or of the Bonds issued in connection with the Notes. Any modifications or amendment of this Resolution and of the rights and obligations of the Local Agency and of the owner of the Note or of the Bonds issued in connection with the Note may be made by a Supplemental Resolution, with the written consents of the Authority and the Credit Provider, if any, and with the written consent of the owners of at least a majority in Resolution No. 2002 — 69 May 7, 2002 Page 17 principal amount of the Note and of the Bonds issued in connection with the Note outstanding at the time such consent is given; provided, however, that if such modification or amendment will, by its terms, not take effect so long as the Note or any Bonds issued in connection with the Note remain outstanding, the consent of the owners of such Note or of such Bonds shall not be required. No such modification or amendment shall permit a change in the maturity of the Note or a reduction of the principal amount thereof or an extension of the time of any payment thereon or a reduction of the rate of interest thereon, or a change in the date or amounts of the pledge set forth in this Resolution, without the consent of the owners of such Note or the owners of all the Bonds issued in connection with the Note, or shall reduce the percentage of the Note or Bonds the consent of the owners of which is required to effect any such modification or amendment, or shall change or modify any of the rights or obligations of the Trustee without its written assent thereto. Section 21. Severability. In the event any provision of this Resolution shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 22. Appointment of Bond Counsel. The law firm of Orrick, Herrington & Sutcliffe LLP, Los Angeles, California is hereby appointed as Bond Counsel for the Program. The Local Agency acknowledges that Bond Counsel regularly performs legal services for many private and public entities in connection with a wide variety of matters, and that Bond Counsel has represented, is representing or may in the future represent other public entities, underwriters, trustees, rating agencies, insurers, credit enhancement providers, lenders, financial and other consultants who may have a role or interest in the proposed financing or that may be involved with or adverse to Local Agency in this or some other matter. Given the special, limited role of Bond Counsel described above the Local Agency acknowledges that no conflict of interest exists or would exist, waives any conflict of interest that might appear to exist, and consents to any and all such relationships. Section 23. Appointment of Financial Advisor and Underwriter. RBC Damn Rauscher, Inc., Los Angeles, California is hereby appointed as financial advisor for the Program. Morgan Stanley & Co. Inc., together with such co -underwriters, if any, identified in the Purchase Contract, is hereby appointed as underwriter for the Program. Section 24. Effective Date. This Resolution shall take effect from and after its date of adoption. Section 25. Resolution Parameters. (A) Name of Local Agency: City of National City (B) Maximum Amount of Borrowing: $1,500,000 Resolution No. 2002 — 69 May 7, 2002 Page 18 (C) Authorized Representatives: TITLE 1. Mayor 2. Director of Finance 3. City Manager PASSED and ADOPTED this 7th day of May, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: a George H. Eiser, III City Attorney George H. Waters, Mayor Interest Rate EXHIBIT A City of National City 2002 TAX AND REVENUE ANTICIPATION NOTE, [SERIES _II Maturity Date Date of Original Issue REGISTERED OWNER: PRINCIPAL AMOUNT: 1,500,000 FOR VALUE RECEIVED, the Local Agency designated above (the "Local Agency"), acknowledges itself indebted to and promises to pay to the registered owner identified above, or registered assigns, on the maturity date set forth above, the principal sum specified above in lawful money of the United States of America, and to pay interest thereon [on , 2003 and] at maturity at the rate of interest specified above (the "Note Rate"). Principal of and interest on this Note are payable in such coin or currency of the United States as at the time of payment is legal tender for payment of private and public debts. Principal and interest at maturity shall be paid upon surrender hereof at the principal corporate trust office of Wells Fargo Bank, National Association in Los Angeles, California, or its successor in trust (the "Trustee"). Interest shall be calculated on the basis of a 360-day year, consisting of twelve 30- day months. Both the principal of and interest on this Note shall be payable only to the registered owner hereof as the same shall fall due; provided, however, no interest shall be payable for any period after maturity during which the holder hereof fails to properly present this Note for payment. If the Local Agency fails to pay this Note when due or the Credit Provider (as defined in the Resolution hereinafter described and in that certain Indenture of Trust, dated as of 1, 2002 (the "Indenture"), by and between the California Statewide Communities Development Authority and Wells Fargo Bank National Association, as trustee), if any, is not reimbursed in full for the amount drawn on or paid pursuant to the Credit Instrument (as defined in the Resolution and the Indenture) to pay all or a portion (including the interest component, if applicable) of this Note on the date of such payment, this Note shall become a Defaulted Note (as defined in the Resolution and the Indenture and with the consequences set forth in the Resolution and the Indenture, including, without limitation, that this Note as a Defaulted Note (and any related reimbursement obligation with respect to a credit instrument) shall bear interest at the Default Rate, as defined in the Indenture). It is hereby certified, recited and declared that this Note represents the authorized issue of the Note in the aggregate principal amount authorized, executed and delivered pursuant to and by authority of certain resolutions of the Local Agency duly passed and adopted heretofore, under and by authority of Article 7.6 (commencing with Section 53850) of Chapter 4, Part 1, Division 2, Title 5 of the California Government Code (collectively, the "Resolution"), to If more than one Series of Bonds is issued under the Program in Fiscal Year 2002-2003 and if the Note is pooled with notes issued by other Issuers (as defined in the Resolution. EXHIBIT "A" PAGE 1 all of the provisions and limitations of which the owner of this Note, by acceptance hereof, assents and agrees. The principal of the Note, together with the interest thereon, shall be payable from taxes, income, revenue, cash receipts and other moneys which are received by the Local Agency for the general fund of the Local Agency and are attributable to Fiscal Year 2002-2003 and which are available for payment thereof. As security for the payment of the principal of and interest on the Note, the Local Agency has pledged the first amounts of unrestricted revenues of the Local Agency 'received on the last day of the Repayment Months (as defined in the Resolution) identified in the Pricing Confirmation (as defined in the Resolution) (and any amounts received thereafter attributable to Fiscal Year 2002-2003) until the amount on deposit in the Payment Account (as defined in the Resolution) in each such month, is equal to the corresponding percentages of principal of and interest due on the Note as set forth in the Pricing Confirmation (such pledged amounts being hereinafter called the "Pledged Revenues"), and the principal of the Note and the interest thereon shall constitute a first lien and charge thereon and shall be payable from the Pledged Revenues, and to the extent not so paid shall be paid from any other moneys of the Local Agency lawfully available therefore as set forth in the Resolution. The full faith and credit of the Local Agency is not pledged to the payment of the principal of or interest on this Note. The Local Agency and the Trustee may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and the Local Agency and the Trustee shall not be affected by any notice to the contrary. It is hereby certified that all of the conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of this Note do exist, have happened and have been performed in due time, form and manner as required by the Constitution and statutes of the State of California and that the amount of this Note, together with all other indebtedness of the Local Agency, does not exceed any limit prescribed by the Constitution or statutes of the State of California. IN WITNESS WHEREOF, the Legislative Body of the Local Agency has caused this Note to be executed by the manual or facsimile signature of a duly Authorized Representative of the Local Agency and countersigned by the manual or facsimile signature of the Secretary or Clerk of the Legislative Body as of the date of authentication set forth below. Countersigned: By. Michael R. Dalla City Clerk City of National City By: George H. Waters, Mayor EXHIBIT "A" PAGE 2 RESOLUTION NO. 2002 — 67 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A MILLS ACT PROGRAM FOR HISTORIC PROPERTIES WHEREAS, the General Plan of the City of National City states that the City will encourage and assist efforts for the preservation, maintenance and restoration of historically significant buildings and sites; and WHEREAS, California Government Code Section 50280 et seq. and California Revenue and Taxation Code Section 439.2 et seq. of the provide authority for the City to enter into a Mills Act contract with the property owner(s) of a "Qualified Historic Property" as defined by Government Code Section 50280.1 to provide a property tax reduction in exchange for the preservation and restoration of said Historic Property; and WHEREAS, the City maintains an adopted "List of Identified Historic Sites in National City" as approved by the City Council; and WHEREAS, National City is an important historic city within San Diego County and has valuable historic places that should be preserved, restored and maintained; and WHEREAS, Mills Act contracts would provide a monetary incentive to the owners of historically designated properties in the form of a property tax reduction for the preservation, restoration and maintenance of said historic structures through the use of an alternative method of determining the assessed value of the historic property; and WHEREAS, National City can use the Mills Act preservation tool to encourage current and future historic property owners to revitalize our City's vintage buildings and to invite and encourage investments, rehabilitation, and reuse of historic properties within our city borders; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, hereby authorizes the implementation of a Mills Act program pursuant to State law in accordance with the following: 1. Mills Act contracts shall be permitted only for sites on the "List of Identified Historic Sites in National City", and shall incorporate all the requirements for administration, cancellation, and renewal prescribed by California Government Code Sections 50280 et seq. and California Revenue and Taxation Code Section 439.2 et seq. 2. Applications for Mills Act contracts shall be made to the Planning Department on a form prescribed by the Planning Director, and shall include documentation that said building is on the City Council -approved "List of Identified Historic Sites in National City", photos of the structure, a description of the structure and its historic value, a general maintenance/restoration plan for proposed structure preservation, restoration, and maintenance, and any other information deemed necessary by the Planning Director. (If preservation and restoration have already occurred, applicant shall state what has already been done to preserve and restore said historic property). Resolution No. 2002 — 67 May 7, 2002 Page Two 3. Applications for Mills contracts must be submitted by August 31 to affect the next assessment period. 4. Applications shall be routed to the National City Historic Society and Community Development Commission staff for comment. 5. The City Council shall have approval authority for each contract. 6. Community Development Commission staff may conduct yearly inspections to verify properties are being maintained and/or restored in compliance with the contract. 7. The applicant shall pzy a graduated processing fee of $100 per $100,000 of assessed value of the historic property, not to exceed $500, prorated to actual assessed value. PASSED and ADOPTED this 7th day of May, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, llI City Attorney MEETING DATE May 07, 2002 City of National City, California COUNCIL AGENDA STATEMENT 13 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #42 PREPARED BY T.Mendoza EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #42 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Not applicable. Approved By: Finance Director Account No. (STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,055,068.98. BOARD / COMMISSIO RECOMMENDATION �+/4"4 ATTACHMENTS ( Listed Below ) 1. Warrant Register #42 2. Workers Comp Warrant Register dated 04/10/02 3. Payroll Warrant Register dated 04/10/02 Resolution No. A-200 (9 991 City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE May 07, 2002 AGENDA ITEM NO. 14 ITEM TITLE WARRANT REGISTER #43 PREPARED BY T.Mendoza EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #43 per Government Section Code 37208. CEnvironmental Review N/A 1-Financial Statement Not applicable. >STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 222,045.25. Approved By: Finance Direct Account No. __ _ BOORD / COMMISSION RECOMMENDATION 2c244.. 1.21z /77a 2.7 - /74.2 7 e602 /,; ATTACHMENTS ( Listed Below ) 1. Warrant Register #43 2. Workers Comp Warrant Register dated 04/17/02 Resolution No. City of National City, California COUNCIL AGENDA STATEMENT wIEETING DATE May 07, 2002 AGENDA ITEM NO. 15 ITEM TITLE WARRANT REGISTER #44 PREPARED BY T.Mendoza EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #44 per Government Section Code 37208. ( Environmental Review Financial Statement Not applicable. N/A Approved By: Finance Dire Account No. STAFF RECOMMENDATION I recommend ratification of these warrants fora total of $ 747,155.69. BOARD / COMMISSION RECOMMENDATION t3a.��y , /R.ees,"rs /265453Q/76 /,cbrai ,662),4 di 077/E,PidiS4--- �s0.✓G C-/j_ ATTACHMENTS ( Listed Below ) 1. Warm Register #44 2. Workers Comp Warrant Register dated 04/24/02 3. Payroll Warrant Register dated 04/24/02 Resolution No. ,;) City of National City, California COUNCIL AGENDA STATEMENT "MEETING DATE May 7, 2002 16 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: Evaline K. Johnson PREPARED BY Michael R. Dalla, CMG yEPARTMENT City Clerk EXPLANATION The claim of Evaline K. Johnson arises from an occurrence on November 9, 2001 and was filed with the City Clerk's Office on March 26, 2002 J Environmental Review XX N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (9/80) City of National City, California COUNCIL AGENDA STATEMENT "'MEETING DATE May 7, 2002 AGENDA ITEM NO. 17 ITEM TITLE AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM PREPARED BY EXPLANATION George H. Eiser, III o' DEPARTMENT City Attorney On April 16, 2002, the City Council approved a Resolution of Intention to Approve an Amendment to Contract between the Board of Administration of the Public Employees' Retirement System (PERS) and the City. The subject amendment will implement the 3% at age 50 retirement benefit for local fire members of PERS. The proposed ordinance is required to finalize this action. Environmental Review X N/A Financial Statement Approved By: The annual cost of the Firefighters' Retirement Plan will be 7.961% of the Firefighters; annualisela ylreHowever, this cost is less than the current rate of 13.9%, because the City has a super -funded PERS account which it will > use to pay the cost of the benefit and reduce the rate for the next 20 years. Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION \\ N/A ATTACHMENTS Proposed ordinance ( Listed Below) Resolution No. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City of National City does ordain as follows: Section 1. That an amendment to the contract between the City Council of the City of National City and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit "A", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City of National City is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City of National City. PASSED and ADOPTED this day of , 2002. ATTEST: George H. Waters, Mayor Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ag California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of National City The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1, 1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989, November 15, 1991, December 27, 1991, June 11, 1993 and May 2, 1996 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective May 2, 1996, and hereby replaced by the. following paragraphs numbered 1 through 14 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age' shall mean age 55 for local miscellaneous members and age 50 for local safety members. EXHIBIT "A" PAGE 1 PLEASE DO NOT SIGN "EXHIBIT ONLY" 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). EXHIBIT "A" PAGE 2 PLEASE DO NOT SIGN "EXHIBIT ONLY" 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 20965 (Credit for Unused Sick Leave). f. Section 21325 (One -Time 3% to 15% Increase For Local Miscellaneous Members and Local Safety Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. g. Section 20042 (One -Year Final Compensation). h. Section 20903 (Two Years Additional Service Credit). 10. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 16, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. EXHIBIT "A" PAGE 3 r b. A .reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subseient remittances. Adjustments on account of errors in contribution uired of any employee may be made by irect payments between tt) mployee and the Board. O• B. This amendment shall lfective on the day of �� , BOARD OF ADMINISTRAT(t5 CITY COUNCIL ,`� PUBLIC EMPLOYEES' R EMENT SYSTEM CITY OF NATIONAL tn' BY z0 BY ^� b KENNETH W. MA N, CHIEF PRESIDING 1 FICER ACTUARIAL & EM% YER SERVICES DIVISION PUBLIC EMPLOES' RETIREMENT SYSTEM ,O� Q V1(ess Date Attest: Clerk AMENDMENT PERCON-702A (Rev. 8196) EXHIBIT "A" PAGE 4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 7, 2002 18 AGENDA ITEM NO. (-ITEM TITLE URGENCY ORDINANCE AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 1.12 PERTAINING TO RIGHT OF ENTRY FOR INSPECTION OR SERVICE OF NOTICES, AND STOP WORK ORDERS, AND CHAPTER 1.36 PERTAINING TO ABATEMENT OF PUBLIC NUISANCES PREPARED BY RudolfHradecky, Esq. EXPLANATION DEPARTMENT City Attorney (Please see attached report). i Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Strikeout of revised sections of ordinance. Proposed ordinance Resolution No. �mT STAFF REPORT Ordinance for Adoption: URGENCY ORDINANCE AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 1.12 PERTAINING TO RIGHT OF ENTRY FOR INSPECTION OR SERVICE OF NOTICES, AND STOP WORK ORDERS, AND CHAPTER 1.36 PERTAINING TO ABATEMENT OF PUBLIC NUISANCES Report: This ordinance is recommended for adoption as an urgency ordinance to take effect immediately upon its adoption by at least a 4/5 vote of the City Council. The revisions that are proposed to Chapters 1.12 and 1.36, are intended to clarify and further define a "public nuisance" and to clarify procedures for the issuance of stop work orders by which ongoing or incipient public nuisances can be halted. The impetus for the revisions is an ongoing situation at the Duck Pond landfill site. The previously installed methane gas recovery system is in the process of being dismantled by the property owner, and the clay cap portions of the landfill is being disturbed. The potential effects include causing methane gas to concentrate in impermissible levels, itself a public nuisance. The proposed revisions will allow the City to immediately cause cessation of the work and prevent further deterioration of the situation, while maintaining the status quo and possibly requiring the property owner to remediate the situation pending issuance of a new permit or modifications to the existing permit. As a matter of administrative procedure, this ordinance will also be brought back at the next regular Council meeting for a due course adoption via a second reading, with a secondary effective date of thirty (30) days after adoption. This procedure does not affect the emergency adoption date, but does preserve the validity of the ordinance in the event of legal challenges. This ordinance has been coordinated with the Engineering Director and the Building and Safety Director. Chapter 1,12 RIGHT OF ENTRY FOR INSPECTION OR SERVICE OF NOTICES, AND STOP WORK ORDERS 1.12.010 Right of entry authorized. Whenever jULnecessary to make an inspection to enforce any provision of this code, or whenever there is reasonable cause to believe there exists a public nuisance or code violation in any building or upon any premises within the jurisdiction of the city, any authorized city official or enforcement officer may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by this code; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, he--shall-give-the owner and/or occupant, if they can be located after reasonable effort, shall _be_ Riyen twenty-four hours written notice of the authorized official's intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry but that in the event such entry is refused, inspection may the$er_be made upon issuance of a search or inspection warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request bas been made, the official is empowered to seek assistance from any court of competent jurisdiction pursuant to Code of Civil Procedure Section 1822.50 in obtaining an inspection warrant authorizing entry. 1.12.030 Stop work orders. A. Scope. This section applies to any work, construction, development or land grading which creates a public nuisance or for which a permit is required and has not been obtained. B. Definitiona. jA "stop work order" is a verbal or written notice, or combination. directed to one or more persons diteeting-them-to cease and desist immediately from continuing or performing work, inclu inn wi h limitation_ construction, er-development or land aradip& fef ;. The terms "oublic nuisance" and "responsible party" are as defined i0 oction 1.345.019 C. Issuance of Stop Work Order. A public officer charged with the enforcement of the municipal code or state law may -is authorized to issue a verbal or written. Pr bQth.,stop Mak order to any person who is-perforrrg wetlt-or allowing work to occur in violation of law or the municipal code. or o createsa_public nuisance The stop work order may be issued toy responsible party and any employee, agent or contractor on site who is performing the work. All work must aba1Limmediately stop upon the_service or posting of the stop work order, er both, and shall -may not proceed again until authorized. D. Posting of Stop Work. Order. When.pra*licable One copy of the stop work order shall be posted conspicuously at the entrance to the site, and an additional copy be posted on any structure which -that has been enjoined from construction. Additional copies may be posted every two hundred feet along the perimeter if the work site consists of unimproved real property. The fail >re to stop work order on site or the unauthotized removal of a posted order shall section, E. Removal Prohibited. Once posted, mstop work orders shall net -be removed until a permit is issued or a determination is made by the building official, the city engineer or the planning director, as applicable, that a permit is not required or that the work is consistent with an issued permit. F. Cessation of Work and Remediation. While the stop work.order is in effect, no responsible person shall authorize, perform or allow an act or omission to occur which directly or indirectly allows the prohibited activity to proceed towards completion, except that material and equipment may be removed from the site while the stop order is in effect. The owner and contractor and any er-other responsible person-gArtLmay additionally --be required And shall be allowed to secure the area against danger to the public by erecting barricades or fencing, and to fill in any excavation and remove debris or ether -obstructions to pedestrian and vehicle safety, G. Contents of Stop Woxlc. _Order. Stop Work Orders posted on site will -be comprisedeemprisedinav utilizeef an eight and one-half inch by eleven inch cardboard backing against a red background on which will appear the words "Stop Order" Qr "$ton Work Order" in one -inch block letters. In smaller size type, the following information sly also appear: a description or address of the site, time and date issued, a notice that it is unlawful and a misdemeanor with a penalty of a one thousand dollar fine or imprisonment not to exceed six months, or both, to remove the sign or to continue work without authority. The stop order shall be signed by or on behalf of the building official, city engineer or planning director and shall cite this Section 1.12.030 as authority. H. Violations and Penalties. 1. It is unlawful and a misdemeanor for any person upon whom a stop work order is served, or who has actual notice of the -stop work order, to continue to perform, er-te authorize or allow work to occur by which the enjoined activity will continue to proceed towards completion, or to fail or refuse to install fencing or barricading, remove debris and ether obstructions to pedestrian or vehicle safety, or fill in excavations, as-that_may be required in order to remediate the site to a e or non.pub is nuisance condition 2. It is unlawful and a misdemeanor for any person to remove a lawfully estop work order lawfrrllypestedissued pursuant to this Section 1.12.030 until a -per ritis aetivityauthorizes1 bv an enforcement official or a responsible public officer 3. Violators are subject to arrest. ate— It shall be the duty of a peace officer to accept the custody of a violator who is arrested pursuant to this section by a public officer who is not a peace officer Chapter 1,36 ABATEMENT OF PUBLIC NUISANCES 1.36.010 Definitions. The following definitions apply to this chapter: A. "Abatement" means any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a nuisance, including but not limited to demolition, removal, repair, boarding and securing or replacement of property. B. "Abatement notice" means a notice issued by the city manager or his/her designee, or by a department director, which requires a responsible person to abate a public nuisance. C. "Legal interest" means any interest that is represented by a document such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument which is recorded with the county recorder. D. "Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties. E. "Property owner" means the record owner of real property based on the county assessor's records. F. "Public nuisance" means any condition on or affecting real property: (1) that is defined or declared to be a public nuisance in any section of this coded and/et—any condition hat. Li caused, maintained or permitted to exist in a manner that constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable or free use of property in a neighborhood, community or to -any considerable number of persons (3) that violates a statute or ordinance: or. (4) that is contrary to the terms of a judicial or regulatory directive_ order or permit issued by a court. a govetggal body or a reimilatory or public aeencv A public nuisance also has the same meaning as set forth in California Civil Code Section 3479, G. "Responsible person" means a person who is by the city manager or his/her designee, or by a department director, to be responsible for causing or maintaining a public nuisance or of ectin¢ real property. The term `responsible person" Ahalljtv=includes but is -not Ize,limited to a property owner, tenant, or any other person with a legal interest in the affected_real property or -and any person in possession of..he affect real property. 1,36.160 Public Nuisance --Penalty. The -person who permits.-e S, maintains or allows the exiµenee of a public nuisance as defined in Section 1.36.010 this chapter, .to oeoir sx.. exist upon anyJnal property or upon any lot or premises owned, Wasik occupied, or controlled by said responsible -person or who violates any of the provisions of this chapter, is guilty of a misdemeanor and upon conviction thereof is punishable as prescribed in Section 1.20.010. ORDINANCE NO. 2002 — AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1, CHAPTER 1.12 PERTAINING TO RIGHT OF ENTRY FOR INSPECTION OR SERVICE OF NOTICES, AND STOP WORK ORDERS, AND CHAPTER 1.36 PERTAINING TO ABATEMENT OF PUBLIC NUISANCES BE IT ORDAINED by the City Council of the City of National City that Title 1 of the National City Municipal Code is amended as follows: Section 1. That Chapter 1.12 is amended by amending Sections 1.12.010 and 1.12.030 to read as follows: 1.12.010 Right of entry authorized. Whenever it is necessary to make an inspection to enforce any provision of this code, or whenever there is reasonable cause to believe there exists a public nuisance or code violation in any building or upon any premises within the jurisdiction of the city, any authorized city official or enforcement officer may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by this code; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, the owner and/or occupant, if they can be located after reasonable effort, shall be given twenty-four hours written notice of the authorized official's intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry but that in the event such entry is refused, inspection may thereafter be made upon issuance of a search or inspection warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction pursuant to Code of Civil Procedure Section 1822.50 in obtaining an inspection warrant authorizing entry. 1.12.030 Stop work orders. A. Scope. This section applies to any work, construction, development or land grading which creates a public nuisance or for which a permit is required and has not been obtained. B. Definitions. 1. A "stop work order" is a verbal or written notice, or combination, directed to one or more persons to cease and desist immediately from continuing or performing work, including without limitation, construction, development or land grading. 2. The terms "public nuisance" and "responsible party" are as defined in Section 1.36.010. C. Issuance of Stop Work Order. A public officer charged with the enforcement of the municipal code or state law is authorized to issue a verbal or written, or both, stop work order to any person who performs or allows work to occur in violation of law or the municipal code, or who creates a public nuisance. The stop work order may be issued to any responsible party and any employee, agent or contractor on site who is performing the work. All work shall immediately stop upon the service or posting of the stop work order, and may not proceed again until authorized. Ordinance No. 2002 — Page 2 D. Posting of Stop Work Order. When practicable, one copy of the stop work order shall be posted conspicuously at the entrance to the site, and an additional copy be posted on any structure that has been enjoined from construction. Additional copies may be posted every two hundred feet along the perimeter if the work site consists of unimproved real property. The failure to post a stop work order on site or the unauthorized removal of a posted order shall not impair the validity or effect of any other action or a stop work order issued pursuant to this section. E. Removal Prohibited. Once posted, no stop work order shall be removed until a permit is issued or a determination is made by the building official, the city engineer or the planning director, as applicable, that a permit is not required or that the work is consistent with an issued permit. F. Cessation of Work and Remediation. While the stop work order is in effect, no responsible person shall authorize, perform or allow an act or omission to occur which directly or indirectly allows the prohibited activity to proceed towards completion, except that material and equipment may be removed from the site while the stop order is in effect. The owner and contractor and any other responsible party may be required and shall be allowed to secure the area against danger to the public by erecting barricades or fencing, and to fill in any excavation and remove debris or obstructions to pedestrian and vehicle safety. G. Contents of Stop Work Order. Stop Work Orders posted on site may utilize an eight and one-half inch by eleven inch cardboard backing against a red background on which will appear the words "Stop Order" or "Stop Work Order" in one -inch block letters. In smaller size type, the following information may also appear: a description or address of the site, the time and date issued, a notice that it is unlawful and a misdemeanor with a penalty of a one thousand dollar fine or imprisonment not to exceed six months, or both, to remove the sign or to continue work without authority. The stop order shall be sighed by or on behalf of the building official, city engineer or planning director and shall cite this Section 1.12.030 as authority. H. Violations and Penalties. 1. It is unlawful and a misdemeanor for ally person upon whom a stop work order is served, or who has actual notice of a stop work ordel, to continue to perform, authorize or allow work to occur by which the enjoined activity will continue to proceed towards completion, or to fail or refuse to install fencing or barricading, remove debris and obstructions to pedestrian or vehicle safety, or fill in excavations, that may be required in order to remediate the site to a safe or non public nuisance condition. 2. It is unlawful and a misdemeanor for any person to remove a lawfully posted stop work order issued pursuant to this Section 1.12.030 until authorized by an enforcement official or a responsible public officer. 3. Violators are subject to arrest. It shall be the duty of a peace officer to accept the custody of a violator who is arrested pursuant to this section by a public officer who is not a peace officer. Ordinance No. 2002 — Page 3 Section 2. That Chapter 1.36 is amended by amending Sections 1.36.010 and 1.36.160 to read as follows: 1.36.010 Definitions. The following definitions apply to this chapter: A. "Abatement" means any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a nuisance, including but not limited to demolition, removal, repair, boarding and securing or replacement of property. B. "Abatement notice" means a notice issued by the city manager or his/her designee, or by a department director, which requires a responsible person to abate a public nuisance. C. "Legal interest" means any interest that is represented by a document such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument which is recorded with the county recorder. D. "Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties. E. "Property owner" means the record owner of real property based on the county assessor's records. F. "Public nuisance" means any condition on or affecting real property: (1) that is defined or declared to be a public nuisance in any section of this code; (2) that is caused, maintained or permitted to exist in a manner that constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable or free use of property in a neighborhood, community or any considerable number of persons; (3) that violates a statute or ordinance; or, (4) that is contrary to the terms of a judicial or regulatory directive, order or permit issued by a court, a governmental body or a regulatory or public agency. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. G. "Responsible person" means a person who is designated by the city manager or his/her designee, or by a department director, to be responsible for causing or maintaining a public nuisance upon or affecting real property. The term "responsible person" shall also include but not be limited to a property owner, tenant, or any other person with a legal interest in the affected real property and any person in possession of the affected real property. 1.36.160 Public Nuisance —Penalty. Any person who permits, causes, maintains or allows a public nuisance as defined in Section 1.36.010 to occur or exist upon any real property or upon any lot or premises owned, leased, occupied, or controlled by said person or who violates any of the provisions of this chapter, is guilty of a misdemeanor and upon conviction is punishable as prescribed in Section 1.20.010. Ordinance No. 2002 — Page 4 Section 3. The City Council finds that there is a presently uncontrolled excessive emission of methane gas resulting from work being performed on an inoperative installed methane gas recovery system and a disturbance of the cover of a former landfill site, a condition which adversely affects the public health, safety and welfare. This ordinance is therefore urgently required for the immediate preservation of the public health, safety and welfare, and to enjoin the continuing presence of a public nuisance affecting air quality, by clarifying and more completely defining those conditions which can constitute a public nuisance. Section 4. Pursuant to Government Code Section 36937, this ordinance is enacted by a vote of at least four -fifths (4/5) of the City Council as an urgency ordinance neceksary for the immediate preservation of public health, safety and welfare, and shall therefore take effect immediately. PASSED and ADOPTED this 7th day of May, 2002. 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 May 7, 2002 19 AGENDA ITEM NO. ITEM TITLE REQUEST FOR SUBSTANTIAL CONFORMANCE DETERMINATION FOR EXPANSION OF HORIZONS ADULT DAY HEALTH CARE IN THE PALM PLAZA SHOPPING CENTER AT 1415 E. 8' STREET SUITE #5 (APPLICANT: MARINA MURASHOVA) (CASE FILE NO.: CUP-2000-22) PREPARED BY Jon Caine DEPARTMENT Planning EXPLANATION The City Council approved a Conditional Use Permit for the Horizons Adult Day Health Care Center in December 2000. The applicant has requested a substantial conformance determination to permit expansion of the business. The attached background report describes the matter in detail. Environmental Review Financial Statement N/A NI/Categorical Exemption Account No. STAFF RECOMMENDATION Find the proposed Adult Day Health Care expansion to be in conformance with the approved Conditional Use Permit (CUP-2000-22) for the business. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Background Report 2. Location Map Q. Site photos Resolution No. 4. Applicant's request letter 5. Applicant's Plans dated 4/11/2002 A-200 (9.tiO BACKGROUND REPORT Horizons Adult Day Health Care is located in the Palm Plaza shopping center on the north side of E. 8th Street, across from N Avenue. The 1.3-acre shopping center includes three buildings with 15,530 square feet of floor space, the final phase of which is currently under construction. This center is in the CL Limited Commercial zone, and was approved by the Council under a Specific Plan in August 1993. The first phases of construction were completed in 2001. In addition to the applicant's business, a laundromat, a nail salon, and a dental office are located in the center. The City Council approved a Conditional Use Permit (CUP) for Horizons Adult Day Health Care in December 2000. The use is a private day care facility for adults needing supervision or physical assistance. During the CUP process, the Council set the item for hearing, and discussed the lack of outdoor recreation provided by the use and the fact that it is unlikely to generate other business in the center. The Council ultimately approved the use based on the need for this type of facility in the area. Conditions of approval prohibit clients from staying at the facility overnight, limit the maximum number of clients based on Fire Department and State regulations, and provide for van and handicap parking. This use is currently the largest tenant in the shopping center; it occupies 6,352 square feet. There are presently 80 clients using the facility and a staff of 18 employees; the State will allow up to 95 clients in the current space. The applicant proposes to expand the use into 2,230 square feet of adjacent space in the center. It would then total 8,582 square feet, or approximately 55% of the lease area of the center. The new space will be used for additional activity area, restrooms, physical therapy, and office space. It will be accessed from the existing business; exterior doors in the new area will be used for exit only. The applicant anticipates that the State will allow approximately 40 more participants after expansion. The applicant expects to add up to three employees. The Limited Commercial zone is intended for small-scale, limited convenience retail uses and neighborhood level professional offices. The proposal is more service/institutional-oriented. However, the use has not generated any code enforcement complaints and the expanded use is not expected to adversely affect nearby properties. The CUP approved by Council references the original 6,352 square foot area; however, conditions of approval do not specifically limit the area of the use. Consequently, the Council may find this proposal in substantial conformance with the approved CUP. While no new conditions could be added, existing conditions would still be applicable. If the Council finds that the item is not in substantial conformance with the CUP, the applicant could pursue the CUP Modification process, which would involve public hearings and allow the Council to add conditions. Buildings on Site Palm Plaza Shopping Center Current Lease Space t NORTH LOCATION MAP 1415 E. 8th Street CUP-2000-22 NATIONAL CITY PLANNING DRN. DATE: 8/23/00 INITIAL HEARING: 9/18/00 BUSINESS ENTRANCE EXISTING BUSINESS AND ADJACENT AREA Horizons Adult Day Health Care Center 1415 E. 8TH Street, Ste 5 National City, Ca 91950 (619) 474-1822 April 10, 2002 City of National City Planning Department 1243 National City Blvd. National City, Ca 91950 Re: Substantial Conformance Permit # 02030047 Original CUP — 2000-22 To whom it may concern: Enclosed, please find a check in the amount of $ 500.00 for Substantial Conformance fee. We are expanding our facility by an additional 2122 s/f. As per your request, enclosed please find 15 sets of Floor Plans and Site Elevations for 1415 E. 8th Street, Ste. 5 including additional 2122 s/f. We intend to comply with and adopt all the conditions set forth in original Conditional Use Permit 2000-22 approved by the City Council on October 2, 2000 on expanded facility. We would like to increase our physical therapy an occupational therapy area. The increased participant capacity will be determined by a State licensing agency when they will come in to inspect completed tenant improveme is and will be in conformance with Fire Department Regulations. If you have any questions, please contact me at (619) 474-1822 or (619) 787- 5933, so that we can proceed with obtaining our permit for improvements. The participants as well as the community will benefit greatly from improved services we will provide as a result of this expansion. Sincerely, Marina Murashova Administrator 7/464,4doc, City of National City, California COUNCIL AGENDA STATEMENT 191EETING DATE May 7, 2002 20 AGENDA ITEM NO. ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — CREDIT UNION BUYER DIRECT- �J,SED VEHICLE TENT SALE �//t ` Claudia Caro, Permit TechDEPARTMENT Building and Safety This is a request from Credit Union Buyer Direct @ 3003 Highland Ave to conduct a three day used vehicle tent sale on the parking lot of the Sweetwater Square Shopping Center, from Friday May 24 — Sunday, May 26, 2002. The hours of the sale are 8:00 a.m. until 9:00 p.m. All vehicles will be from National City. (Environmental Review N/A 1-Fina ieurt a ent incu ed $115.00 in costs in processingthe T.U.1gaii rty�tas-trrcnrrRp�d' tsyEhroggh various City Finance Director Departments. Account No. N/A STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution N. Application For A Temporary Use Permit with recommended conditions of approval CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Credit Union Buyer Direct EVENT: Used Vehicle Tent Sale DATE OF EVENT: May 24-26, 2002 TIME: 8:00 a.m. until 9:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES f x 1 NO f] SEE CONDITIONS f 1 SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A: 10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty- five dollars ($85). Permit to be obtained from Fire Department. 6. Site map showing size, location and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshall seal of approval attached. FINANCE (336-4330) 1. A Business license is required of all vendors and businesses participating in the special event. 2. Each separate vendor must have a separate business license. 3. Merchants licensed for the site can operate on their current license. 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. Ce�Tf inU mus41.1 t be to this permit. Organization c.10/7-1/7t40t7 4'€ Person in Charge of Activity de6444I/<417— Address 9003 AiVAXO /411/F 4fIA/z uY Telephone 10/9.936'4Date(s) of Use X/W-9' J72 ; HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and. all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees'11in costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittepr s age,iployees or contractors. Signs Official Title For Orice Use Only Date Certificate of Insurance Approved Date 7 , •;-Rfria..1 p 1-1-1C., I-4 L.A "lei A f .5ch0.02 400s / crw-ee_ 4 PotAtr- tomit C.1464.1 I = CW1VC-1A1 61' • f"' taN t)/Jr. OA c 71- / .0" \ /* (4. ( / ai i I l I r I 1 Iwo Lc___, , oi_J°i_,oi-_,{__,o/ -T , 0» 'I _irv/177 --ii‘e-24 Type of Event _ Public Conceit Parade _ Motion Picture Fair Demonstration Grand Opening Festival Community Event Circus er Block Party Event Title: ISffiek 1 n Event Location: 3003 NO -16-wd 4/&. Event Date(s): From MmdfilDaylYear Actual Event Hours: 01) pm to 9160 arne19 Setup/assembly/construction Date: Z3 Start time: Please describe the scope of your setup/assembly work (specific details): ,4v —ir✓ 61/a1A/6z- lBfC-7-7261`L Total Anticipated Attendance: (_Participants) (_Spectators) Dismantle Date: L5-4".7 Completion Time: d/: GO List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day an time of reopening. Sponsoring Organization: _s ✓ v ..�, , a� or Pro /� Not -for -Profit Chief Officer of Organization (Name) /J6o4lQ Ify r 104%C7 di of ,' a") 9eo3 0G6/44A✓4 �f i/ - /1/ C (2/ _ '?J Applicant (Name): Address: Daytime Phone: 6 ,1.0 91n ,6P)Evening Phone:, 7/2 / VZFax: ee0 ?3„ ' Contact Person "on site" day of the event: Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a °Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _YES X NO _ YES NO $ AJtOf 000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event $ /Z/0c0 Estimated Expenses for this event What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. (d Yb9 Gard G44/40t/ MeWi Ft r* & 6 YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car d alers? If NO, I t any addition I ealer involved in the i nD� �i,,r� I sal : � °l ih? ^ _ YES XNO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: _ YES xNO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. RYES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES _ NO Does the event involve the use of tents or canopies? If Y�S: Number of tent/canopies / Sizes '(40 X VI) NOTE: A separate Fire Department permit is required for tents or canopies. YES AO WIII the event Involve the use oYthe City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession andlor Beer Garden areas. ➢ Food Concession andlor Food Preparation areas n Please describe how food will be served at the event: 4 If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: 2- , (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations andlor source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be retumed to a clean condition.) Gt Number of trash cans: 8 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: wc- 60 .4kbv Act 7 wv Please describe your procedures for both Crowd Control and Internal Security d.'�A /C- 2 6e" I jfe4/e/1� 47- i✓(Gi= KYES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: I— ,�— Security Organization: t2� /%��—��("/£� Security Organization Address: Y/�%j) //1L- ' .� 677 J 4,1/ �,z�i p Security Director (Name): fi`/VG1 E 7) t41 igne: - 26P/ 7,3 ES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: v6 &'7 Please indicate what arrangement you have made foroviding First Aid Staffing and Equipment. ,t1yv� p tahstre.64td F4/WSJ 41//J r%- ,6&JT A71 Please describe your Accessibility Plan for access at your event by individuals with disabilities: /7icI/AAA it et~) 7 4"-- . Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the event NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. VYES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: d Number of Bands: thX/ffo ,41(icfl G Type of Music: _ YES ENO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES X O Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event _ YES gNO Fireworks, rockets, or other pyrotechnics? If 'YES, please describe: _ YES NO Any signs, nners, decorations,�special lighting? If YES, please describe:/ `i/ &I � vl c/'r Revised 10/3/01 5 For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: RECEIVED APR 1 i zIA? .'..TiOi ;AL CITY, C; ;1..iC Kathleen Trees, Director Building & Safety Department Date Received 04/12/2002 14:30 6193370900 BANK AUTO RESALES PAGE 01 e • March 13, 2002 4,7;. e4/2 LA JOLLA PACIFIC DEVELOPMENT GROUP Ron Bl quiet Bank A to Resales 3974 Spring Drive San Diego, CA 91977 Dear MI. Pecker. 9L.or+t 011/ 51— Sweetwater Square, LLC, a California limited liability company ("Sweetwater") is the owner of the Sweetwater Square Shopping Center located at 3003 to 3009 Highland Blvd., National City, California (the "Shopping Center"). The Shopping Center is managed by La Jolla Pacific Development Group ("LJPDG"). Bank Auto Resales ("BAR") requested the right to conduct onthly sale of automobiles on a portion of the Shopping Center on an exclusive basis and we agreeable to such activities on the following terms and conditions: RECEIVED APR 12 200Z Subject: Periodic Auto Sales - Sweetwater Square Shopping Center ','.ATIONAL CITY, CALIF 1. Location. BAR shall be entitled to utilize the space depicted on the attached site plan attached hereto marked Exhibit "A" during the months of January through October. During the months of November and December BAR shall use the area designated on Exhibit "A" as "Holiday Period Lot". 2. Loma. The right to use the designated area of the Shopping Center parking lot shall commence April 15, 2002 and shall terminate April 14, 2003, however, this agreement may be terminated by either party with thirty (30) days written nonce to the other or at any time for cause. 3. rm. BAR shall pay to LJPDG a monthly fee for the use of the designated portion of the Shopping Center. For the first twelve (12) months of this agreement the fee shall be $1000.00 per month payable to La Jolla Pacific Development Group no later than the fifth (5t') day of each month. During the last twelve months of this agreement the fee shall be $1.500.00 per month. 4. Monthlv$chedule. BAR may at its election conduct its auto sales on the second or third weekend of each month and BAR shall no later than the fifth ($t) day of the month notify LJPDG of which weekend it has elected. This is necessary so that LJPDG can schedule other functions. BAR shall have use of the designated area from 3:00 p.m. Friday to 6.00 p.m. on Sunday of the elected weekend. 2650 Cnin no del Rio North Suite 301 San Diego CA 9210E Phoae:619-692-9092 Fxx:619-692A796 (OZ/ r -N\&) 4vidik-1 q4C(/ 17/4/ 011,b4 -�� i j- h0 talL Iry +- 2,,vrI- a .s r u.%e 04/12/2902 14:30 6/93370900 SANK AUTO RESALES PAGE 02 5. Insurance and Security. BAR shall provide LJPDG with a certificate of insurance in thc amount of$1,000,000 naming Sweetwater and LJPDG as insureds. The certificate shall be issued by an insurance company acceptable to LJPDG. BAR will maintain security personnel for the entire length of time that it occupies the parking lot., additionally, it shall fence the sales area with fencing that does not require penetration of the parking lot. 6. Exclusivity. LJPDG agrees that it will not permit any other automobile sales in the Shopping Center parking lot with thc exception of two annual auto sales that Point Loma Credit Union is entitled to conduct in the parking lot. If the foregoing agreement is acceptable for you please sign the enclosed copy of this latter and return it to me with April's payment of $1000 made payable to La Jolla Pacific Develop Group. Very truly yours. Sweetwater Square, LLC By La Jolla Pacific Development Group manager By: VA N Michael J. McPh� Vice President The foregoing is agreed to and accepted this; day f March, 2002. Bank Auto S By: Title: City of National City, California COUNCIL AGENDA STATEMENT •MEETING DATE May 7, 2002 21 AGENDA ITEM NO. ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — McCUNE MOTORS - USED VEHICLE TENT SALE Claudia Caro, Permit Technician " Building and Safety DEPARTMENT This is a request from McCune Motors to conduct a three day used vehicle tent sale on Wards old parking lot at the Plaza Bonita Shopping Center, from Friday, May 10- Sunday, May 12, 2002. The hours of the sale are 9:00 a.m. until 10:00 p.m. This event involves the sale of used cars from the McCune lot in National City. D.J. music will be provided for entertainment from 10 a.m. through 6 p.m. during the event. CEnvironmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. Account No. NTA- STAFF RECOMMENDATION Approve the Application for a emporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. _. Application For A Temporary Use Permit with recommended conditions of approval Apt CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: McCune Motors EVENT: Used Vehicle Tent Sale DATE OF EVENT: May 10-12, 2002 TIME: 9:00 a.m. until 10:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x I NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES f x 1 NO ( ] SEE CONDITIONS [ 1 SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty-five dollars ($85.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents or canopies. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. Type of Event _ Public Concert Parade Motion Picture Fair _ Demonstration _ Grand Opening Festival Community Event Circus 'Other U/C SALE Block Party Event Title: GJR \ USEt CnI2 CLEAQI ))CE_ 50( F Event Location: PLAZ14 (bC')•3iTh- Event Date(s): From 5 - I 0 to 5 - )a--- Total Anticipated Attendance: P-630 Month/Day/Year ( Participants) (I C Spectators) Actual Event Hours: 9 &pm to 0 am/0 Setup/assembly/construction Date: 5-1 Start time: I Ain Please describe the scope of your setup/assembly work (specific details): ) GO UP `S (Si ? i E JOE-S u2S Dismantle Date: 5—) 3 Completion lime: a • , ) List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. /ig Sponsoring Organization: mC(.:O1;L. P' OT-(25 Chief Officer of Organization (Name) 10,1) Y M cLU)l_ Applicant (Name): 'T 3 q fV' c,L- ) _ Address: Li o k) firM 1 ()JULL X For Profit Not -for -Profit Caytime Phone: 61CA) Z-t")) — 1101 Evening Phone: (L1t1) 4f) -1101 Fax: (bFF1) LOCI —.53 9O Contact Person "on site" day of the event: CGRT 1---LOPY Pager/Cellular. t IC( "30•2-g105 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS I Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _YES _X NO _ YES )( NO OW, OM Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ )') 0C(^) Estimated Expenses for this event. $ K/f}- What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. U5E.6 CA R i Ek1 i S a ZC YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES ^ NO Does the event involve the sale or use of alcoholic beverages? i< YES _ NO Will items or services be sold at the event? If yes, please describe: us V MILES _ YES %`NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES &NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. AYES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 1 Sizes 1 d X. aD NOTE: A separate Fire Department permit is required for tents or canopies. YES �GNO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS _ELECTRIC _ CHARCOAL _ _ _ OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs > Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: i QP6 i tL) Pu4sitc g 3 Please describe your procedures for both Crowd Control and Internal Security? SEcoQr-1 WeQv( MALL _ YES Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES -NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment CO CZ 5027€1, V'S i fiat WEt .t E, Please describe your Accessibility Plan for access at your event by individuals with disabilities: t 2 �Slizr sa)S Please provide a detailed description of your PARKING plan: OK) i t 0 12 'V(IU PMi1 1uc- 12EA Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event $\-E,0 P&VE i ZZAvG QE.,i36 P(wEa , P µu ; ,y4Uvk NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Al Number of Bands: A% / /- Type of Music: b3 kAI)srr— %OYES NO Will sound amplification be used? If YES, please indicate: Start time: /pm Finish Time an)/ YES)KNO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YESj1O Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Date Received 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must�be attached to this permit. Organization MC OE- Ip\OTD 2S Person in Charge of Activity &F©PCE-4- Address 3L 0 kY-Tr0 Y L CI['& th C "I t9E0 Telephone (bill) LP? "� 3,j Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant G501 Official Title Date For Office Use tsn/y Certificate of Insurance Approved Date 03/26/20f2 13:59 FAX Zoo1 FacsimileW�kC SMOPPINOTOWN PLAZA BONITA DATE: TO: ©L./ i'/447- COMPANY: FACSIMILE NUMBER: FROM: PHONE NIRASER: NO. OF PAGES: 3030 Plant eon Reed National ay. CA 91950.9007 Telephones Me) 99T.2950 Pseeane9e (S19) 47Za962 * a- ` �Cc � GAS Clot �� o'er- `711 f D- l 2 4V9' The conoena of this facsimile (Including ) may be privileged and confidential. Any unauthorised use of the contents is espies* prohbited. if' you haw rooeived the document in error, please advise us by Medicine (reverse dittoes) Ynmediat y and then shred the documuit Thank you.