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2005 04-19 CC AGENDA PKT
Agenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard Regular Meeting - Tuesday — April 19, 2005 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council 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. Pledge of Allegiance to the Flag by Mayor Nick lnzunza Public Oral Communications (Three -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. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 04/19/05 PAGE 2 PRESENTATIONS March Employee of the Month Program — Ruben Huerta, Equipment Mechanic April Employee of the Month Program — Parris Bull, Police Detective PROCLAMATION Proclaiming the week of April 3rd — April 9th, 2005 as: "BOYS AND GIRLS CLUB WEEK" INTERVIEWS/APPOINTMENTS 1. Boards, Commissions and Committees: Interviews and Appointments (City Clerk) PRESENTATION/WORKSHOP 2. Budget Review and Discussion — FY 2005-06 CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 3. Approval of the Minutes of the Adjourned City Council Meetings of March 1, 2005 and March 22, 2005 and the Regular Meeting of April 5, 2005. 4. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 5. Resolution approving a supplemental agreement with Tetra Tech Engineering, Inc. to provide the City with engineering design and consulting services in the "Not to Exceed" amount of $61,617 for the National City Resurfacing Project FY 05-06 Specification No. 04-09, and authorizing the City Engineer to execute the agreement. (Engineering) COUNCIL AGENDA 04/19/05 PAGE 3 CONSENT CALENDAR (Cont.) 6. Resolution accepting the lowest, responsive, responsible bid, for the purchase of Glock Handguns and accessories for a total of $75,688.31 minus a trade-in of existing equipment for $23,572.50 for a total award of $52,115.81 to LC Action Police Supply (SLESF Grant Funds). (Purchasing) 7. Resolution rejecting the bids received for the Las Palmas Municipal Pool Renovation Project and authorizing the purchase of needed project equipment in conformance with the State Public Contract Code Section 20167. (Engineering) 8. Resolution of the City of National City authorizing the City Engineer to file an application/claim to obtain funding for a Bicycle Master Plan for the City through the FY 2006 Transportation Development Act (TDA) and TransNet Bicycle and Pedestrian program in the amount of $73,488. (Engineering) 9. Resolution of the City Council of National City accepting the work from Portillo Concrete, Inc., approving the Final Contract Balance Change Order with the final amount at $72,540 and authorizing the filing of the Notice of Completion for the miscellaneous concrete improvements at various locations, Specification No. 04-7. (Engineering) 10. Resolution of the City of National City approving the deferral of Ordinance No. 1491 and granting of "Covenant Running with the Land" to property owner at 619 E. 16th Street, National City. (Engineering) 11. Resolution of the City of National City authorizing the Director of Public Works and Special Projects to amend the Mutual Aid Agreement with several San Diego County public wastewater agencies to provide assistance during a wastewater emergency for the purpose of deleting the City of Chula Vista (at their request). (Public Works) 12. Resolution approving a Tentative Subdivision Map and Conditional Use Permit for seven condominium units on the south side of 16th Street, approximately 200 feet west of Rachael Avenue. (Applicant: Augie Bareno, ABCO Consultants) (Case File No.: S-2004-11/CUP-2004-21) (Planning) COUNCIL AGENDA 04/19/05 PAGE 4 CONSENT CALENDAR (Cont.) 13. Resolution of the City of National City authorizing the Mayor to enter intoan agreement with PBS&J to provide on -going sewer bill/tax roll administration and financial services for Fiscal Year 2006. (Public Works) 14. WARRANT REGISTER # 37 (Finance) Ratification of Demands in the amount of $ 2,581,538.08. 15. WARRANT REGISTER # 38 (Finance) Ratification of Demands in the amount of $ 2,002,093.92. 16. Report concerning enactment of an Ordinance to prohibit the use of tobacco products in City outdoor recreation areas and facilities. (City Attorney) ORDINANCES FOR INTRODUCTION 17. An Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Chapter 2.60 pertaining to public contracts and purchasing system. (Purchasing) 18. An Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Section 2.01.020 pertaining to the powers and duties of the City Manager. (City Attorney) NEW BUSINESS 19. Request for approval to install 28 additional streetlights at various locations identified by the Police Department and Neighborhood Councils and 11 additional solar lights for two alleys, Granger Music Hall and City parks funded from $114,000 in State Grant Funds for solar lights and $19,500 in General Fund for streetlights. (Building & Safety/Public Works) 20. City Hall Work Schedule Update — "9/80" (Human Resources) COUNCIL AGENDA 04/19/05 PAGE 5 NEW BUSINESS (Cont.) 21. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine and for Karaoke at Casa del Taco Restaurant at 1635 Sweetwater Road. (Applicant: Cesar Carillo) (Case File CUP-2005-1) (Planning) 22. Request to use the Martin King Luther King, Jr. Community Center by the Mexican American Business & Professional Association and the San Diego Chapter of the Latino Peace Officers Association, to waive the fees and to serve alcohol for a "Recognition Reception" on April 27, 2005. (Community Services) 23. Request to use the Martin Luther King, Jr. Community Center by the California Association for Bilingual Education, South County Chapter and waiver of fees for their "Scholarship Awards Breakfast" on Saturday, May 14, 2005. (Community Services) 24. Request to Use the Martin Luther King, Jr. Community Center by Southport Christian Academy and waiver of fees for their "Annual Elementary Spring Musical/Drama" on May 23, and May 24, 2005. (Community Services) 25. Request to use the Martin King Luther King, Jr. Community Center by the County of San Diego, Health and Human Services Agency, South Region and waiver of fees for an "All Staff Event" on Thursday, June 16, 2005. (Community Services) 26. Discussion of Assembly Bill 1335 which pertains to a new California Community Benefit District Act that is proposed for consideration by the legislature. It would provide General Law and Charter cities with a level playing field in responding to the needs of their urban residents. (Continued from Council Meeting of 4/5/05) (Council initiated) WRITTEN COMMUNICATIONS 27. National City Transit Monthly Report - April -2005 (National City Transit) STAFF MAYOR AND CITY COUNCIL Next Regular City Council Meeting — Tuesday — May 3, 2005 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE '/ \mARO AD � �pnm, imMN� Ha, City of National City Yn '� Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM April 6, 2005 TO Chris Zapata, City Manager FROM Alfredo J. Lopez III, Director of Human Resources SUBJECT EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In so doing, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the work environment and community. The employee selected by the Pubic Works Department to be recognized for the month of March is Ruben Huerta, Equipment Mechanic (nomination attached). The employee selected by the Police (Safety) Department to be recognized for the month of April is Parris Bull, Police Detective (nomination attached). Mr. Huerta and Mr. Bull have been invited to attend the Council meeting on Tuesday, April 19, 2005, to be recognized for their achievements and service. Attachment (1) cc: Roberto Saucedo Mike Harlan Ruben Huerta Parris Bull City Council James Slade, MEA President Dennis J. Leach, POA President AJ L: Ig r ® Recycled Paper City of National City Performance Recognition Award Nomination Form I nominate Ruben Huerta for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Ruben started his career with Public Works Equipment Maintenance in January 2002. Having worked for the City of Imperial Beach for thirteen years eight months, it was a tough decision for him to leave. His orientation to our organization was seam Tess. Ruben exemplifies the person and employee all career civil servants should strive to be. AU employees, vendors and citizens Ruben interfaces with are well aware of his sincere interest in the task at hand and his love for his iob. He is the ultimate "role model". He can also be described as a "born leader". Ruben's accomplishments in the short time he has been with us include : Level I and soon to be Level II Fire Mechanic Certification: ASE Master Truck & Equipment Installer Certifications; and he's finishing testing for Automotive Master Technician. Ruben is a highly motivated individual and always gives 100% effort. He takes assignments positively and one can count on him to perform well, no matter the situation. He is an asset to the City Of National City and a pleasure to work with. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Jim Dredge, Equipment Maintenance Supervisor Signature: "wt. Date: :3 3 Y �' City of National City Performance Recognition Award Nomination Form I nominate National City Police Detective Parris Bull for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Detective Parris Bull worked with Special Agent Sarah Boley (Office of the Inspector General for the Social Security Administration) to solve a complex criminal investigation that included a series of thefts on the National City's "Mile of Cars." Specifically, the suspect, using stolen identities, fraudulently "purchased" vehicles at two different National City dealerships and attempted to "purchase" a vehicle at a third National City dealership. Detective Bull diligently interviewedkey witnesses, completed several successful photographic line-up presentations, and performed other necessary follow-up work, often with short notice from the DA's office. As a result, the suspect will be sentenced to 10 Years, 8 months in State Prison. Additionally, both stolen vehicles, valued at $40,509.00, were recovered. The DA's office commented that the successful prosecution and speedy resolution of these cases were in large part due to the quality of work completed by Detective Bull. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Sergeant Mike Harlan, Supervisor-Investiqations Division, NCPD Signature: Date: 3-23-05 CITY OF NATIONAL CITY WHEREAS, the Boys & Girls Clubs of America have served as one of our nation's leading youth development organizations and will turn 100 years old in 2006; and WHEREAS, the Boys & Girls Club of National City provides hope and opportunity to 350 children and teens everyday and will celebrate its 56th Anniversary this year; and WHEREAS, the Boys & Girls Clubs of National City will celebrate National Boys & Girls Club Week, April 3`d — April 9th 2005; and have produced countless outstanding alumni who have gone on to make significant contributions throughout National City and our nation; and WHEREAS, the Boys & Girls Clubs of National City is the positive place for kids and teens, offering a safe and supportive place everyday after school, with adult role models and mentors, who provide young people with the motivation to learn, grow and aspire to a brighter future; and WHEREAS, the Boys & Girls Clubs of National City achieved many important milestones recently including implementing its Innovative Inclusion Program for members with special needs for its seventh successful year, celebrating Dr. Seuss' 100t11 birthday with special guest readers and renovating and improving the computer lab and youth center. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim the week of April 3'd — April 9th 2005, as: BOYS AND GIRLS CLUB WEEK We call upon all citizens of National City to recognize the National City Boys and Girls Club for their dedication and contributions to community, especially our youth. (2 741,-,,L,:„_ Ron Morrison Frank Parra VVieje Mayor Councilmember City of National City, California COUNCIL AGENDA STATEMENT iEETING DATE April 19, 2005 AGENDA ITEM NO. 1 ITEM TITLE PREPARED BY EXPLANATION BOARDS, COMMISSIONS AND COMMITTEES: Interviews and Appointments Michael R. Dalla DEPARTMENT City Clerk The Mayor has requested that appointments to the following Boards, Commissions and Committees appear on this agenda for action: Community and Police Relations Commission Status: 2 Vacancies Park and Recreation Advisory Board Status: 5 Expired Terms Street Tree and Parkway Committee Status: 4 Expired Terms Traffic Safety Committee Status: 1 Vacancy and 4 Expired Terms Environmental Review XX N/A Financial Statement N/A >STAFF RECOMMENDATION Interview Mr. Arlito Reclosado and any other NEW applicants and then act on Appointments. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION See above. ATTACHMENTS ( Listed Below) Resolution No. List of Boards, Commissions, Committees and Applicants. A-200 (9;99) COMMUNITY & POLICE RELATIONS COMMISSION Status: 2 Vacancies 1 Citizen member 1 Human Rights member Applicants Citizen member (select one) Harold Aranda *Anthony Agurs Louise Branch John Bryant *Bill Kinney John Kirk Janice Martinelli *Anna Marie O'Quinn *Francisco Sarmiento Arlito G. Reclosado Applicants (Mayor) (may be resident or non-resident) (may be resident or non-resident) interviewed interviewed interviewed interviewed interviewed interviewed interviewed interviewed interviewed not interviewed Human Rights Group member There are no eligible applicants for this vacancy * = non resident PARK & RECREATION ADVISORY BOARD Status: 5 Expired Terms Carlos Carrillo Roy Cesena James Grier Howard Schwitkis Gloria Thompson Other Applicants: (Mayor) 3-31-05 3-31-05 3-31-03 3-17-05 3-31-03 John Bryant (current HCDC) STREET TREE & PARKWAY COMMITTEE Status: 4 Expired Terms Roy Cesena 4-30-03 Cheryl Colmenero 4-30-03 Albert Keen 4-30-03 Howard Schwitkis 3-17-05 1 Expiring Term William Morales 4-30-05 Other Applicants: John Bryant (continued on next page) requests reappointment requests reappointment requests reappointment requests reappointment requests reappointment interviewed (Mayor) requests reappointment requests reappointment requests reappointment requests reappointment does not wish to be reappointed interviewed TRAFFIC SAFETY COMMITTEE (Mayor) Status: 1 Vacancy 4 Expired Terms Dale Bennett Everett Dickson Randall Jacobs Mary Martin 12-31-04 12-31-02 12-31-03 12-31-02 Other Applicants: Harold Aranda John Bryant Brian Clapper Cheryl Howery-Colmenero requests reappointment requests reappointment requests reappointment requests reappointment interviewed interviewed interviewed interviewed Item #2 4/19/05 PRESENTATION/WORKSHOP BUDGET REVIEW AND DISCUSSION — FY 2005-06 Item # 3 4/19/05 Approval of the Minutes of the Adjourned City Council Meetings of March 1, 2005 and March 22, 2005 and the Regular Meeting of April 5, 2005. ITEM #4 4/19/05 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd .AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 19, 2005 AGENDA ITEM NO. 5 ITEM TITLE A resolution approving a supplemental agreement with Tetra Tech Engineering, Inc. to provide the City with engineering design and consulting services in the "Not to Exceed" amount of $61,617 for the National City Resurfacing Project FY 05-06 Specification No. 04-09, and authorizing the City Engineer to execute the agreement. PREPARED BY Alberto Griego DEPARTMENT Engineering 336-4386 EXPLANATION See Attached. ( Environmental Review N/A Financial Statement This agreement is for a "Not to Exceed" amount of $61,617. Funds are available in Account No. 109-409-500-598-6035 and 307-409-500-598-6035. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. S( BOARD / COMMISSI N RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 3. Exhibit "A" proposal for Engineering Services 2. Proposed Supplemental Agreement tetratech -zoo is 99) RE: A resolution approving a supplemental agreement with Tetra Tech Engineering, Inc. to provide the City with engineering design and consulting services in the "Not to Exceed" amount of $61,617 for the National City Resurfacing Project FY 05-06 Specification No. 04-09, and authorizing the City Engineer to execute the agreement. Explanation: The Engineering Department is in need of a consultant engineering firm to design and develop bid documents for the Street Resurfacing Project for FY 05-06. On April 5, 2005 the City Council issued resolution No. 2005-64 authorizing the Mayor to execute a multiyear contract with Tetra Tech, Inc. to provide "as needed" engineering consulting services for the City's capital improvements project. Staff has considered that Tetra Tech Inc. can provide the engineering consultant services for this project during design and final bid document development. Tetra Tech lately has completed the inspection of the National City Resurfacing Project FY 03-04 and the design of Sweetwater Rd. at Calmoor St. and Fairlomas Dr. Traffic Signal. Tetra Tech is familiar with the City's engineering design requirements. Based upon the staff's request, Tetra Tech has a proposed scope of work, outlined in Exhibit "A" of the supplemental agreement, to perform the required services. This scope of work is consistent with the City's engineering design needs. The work can be accomplished through a Supplemental Agreement to the existing "As -needed" contract. The final scope of work is attached as part of the Supplemental Agreement that is being presented to the Council for approval. The fee for performing the work per the cost proposal is a "Not to Exceed" amount of $ 61,617. RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH TETRA TECH ENGINEERING, INC. TO PROVIDE ENGINEERING DESIGN AND CONSULTING SERVICES IN THE NOT TO EXCEED AMOUNT OF$61,617 FOR THE NATIONAL CITY RESURFACING PROJECT (Specification No. 04-09) WHEREAS, the City desires to employ a consultant to provide engineering design and consulting services for the National City Resurfacing Project; and WHEREAS, the City has determined that Tetra Tech Engineering, Inc. is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is hereby authorized to execute an agreement with Tetra Tech Engineering, Inc. to provide engineering design and consulting services for the National City Resurfacing Project. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 19th day of April, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TETRA TECH INC. THIS AGREEMENT is entered into this 19th day of April, 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Tetra Tech Engineering Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform engineering design for the National City Street Resurfacing Project, FY 05-06. WHEREAS, the CITY has determined that the CONTRACTOR is a firm specializing in engineering work, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. FOLLOWS: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Alberto Griego, Associate Engineer -Civil, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Brad Nguyen, P. E., Project Manager thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the amounts described in the professional fees section of the attached Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The length of this agreement shall be (150) one hundred and fifty working days from the date the agreement is entered. Therefore the final report shall be submitted no later than Wednesday, November 9, 2005. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR'S written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 2 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and notas agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly .agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 3 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. 4 The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify and hold harmless the City of National City, its officers, employees, and appointed volunteers against and from any and all liability, loss, defense cost, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent acts, errors or omissions or other wrongful conduct performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: XI A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's emp loyees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and appointed volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said politics shall provide for thirty (30) 5 days prior written notice to the CITY of cancellation or material change ten (10) days if cancellation is for nonpayment of premiums. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY' s Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof and the amount of controversy does not exceed $25,000, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof that does not exceed $25,000 and which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to 6 the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the .CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be. in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Stephen M. Kirkpatrick City Engineer City of National City 7 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Jim Jaska President Tetra Tech Inc. 10815 Rancho Bernardo Rd. Ste. 200 San Diego, CA 92127 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof 8 D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The following Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. ■ Exhibit A — Scope of Services and Fee Schedule F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY TETRA TECH ENGINEERING INC. (Two signatures required) By: By: Stephen M. Kirkpatrick, City Engineer APPROVED AS TO FORM: George H. Eiser, III City Attorney By: . )1•\ole (Title) ((-Name (Title) 10 EXHIBIT "A" TETRA TECH, INC. April 6, 2005 Mr. Alberto Griego, Associate Engineer City of National City - Engineering Department 1243 National City Boulevard National City, CA 91950 PROPOSAL FOR THE STREET RESURFACING PROJECT, FY 05-06, SPEC. NO. 04-09 Dear Mr. Griego: Tetra Tech appreciates this opportunity to submit this engineering proposal to the City of National City (City) for the Street Resurfacing Project, FY 05-06. Our proposal has been specifically prepared in response to the requirements discussed at our March 18, 2005 meeting. We believe this work fits well within the services Tetra Tech provides. Our knowledge gained through past experience makes us uniquely qualified to undertake the preparation of the desired final bid documents, encompassing specifications, plan details, and cost estimates. YOUR PROJECT We have carefully reviewed the applicable documents provided, as well as discussed the components of the project with you and your staff. Thus, we believe that we have an excellent understanding of the goals of the City and objectives of the street resurfacing project. The project and an overview of the work to be performed are identified as follows: • The City has a budget of approximately 3 million dollars. 1 million for Part 1: Regular scheduled maintenance and 2 million for Part 2: City limit entry ways. • Street surface rehabilitation methods will be 2-inch minimum "Rubberized Asphalt" Overlay with "Petro Mat" and/or Complete Removal and Replacement of structural section. Edge grinding at the gutter lip and joins will be required for the overlay to match existing elevations. • Pedestrian ramps shall be installed or if substandard replaced within the resurfacing limits. • Damaged curb, gutter, cross -gutters, sidewalk, and driveways or alley aprons shall be replaced within the resurfacing limits. • Prepare Plan Details for areas requiring redesign to solve drainage or grade problems. • Interfering Traffic loops and Striping shall be replaced. Thermoplastic shall be used to replace Limit lines and Legends. • The Bid Documents will be based on the City's standard boiler plate. 10815 Rancho Bernardo Road, Suite 200, CA 92127 Tel 858.673.5500 Fax 858.673.1610 TETRA TECH, INC. Mr. Alberto Griego City of National City — Engineer Department April 6, 2005 Page 2 OUR APPROACH Successful design and construction of the proposed street resurfacing project will require a well - coordinated, multi -discipline approach. Tetra Tech has assembled a team of experienced engineers and inspectors who have successfully designed and inspected similar street resurfacing projects and are ready to quickly mobilize to expedite the investigation and development of the desired bid documents. The success of the project will be based on a design that: • Meets Budget Requirements • Minimizes Traffic Impacts • Insures Proper Surface Restoration • Is Sensitive to the Community SCOPE OF WORK Task 1 — Survey Street Condition Tetra Tech will survey the condition of the attached list of streets for Part 1 and 2 provided by the City. This will entail identifying and marking out pavement areas to be overlayed and/or removed and replaced; pedestrian ramps to be installed or replaced; and curb, gutter, cross -gutters, sidewalk, driveways or alley aprons to be replaced. Interfering Traffic Signal Loops will also be identified and quantified. The location and quantities will be calculated and provided in Microsoft Excel. 1. a Part 1 Streets —. Tetra Tech will survey the condition of Part 1 regular scheduled maintenance streets, which have 14 branches and is approximately 6,906 linear feet. Approximately 4,096 linear feet will have to be done one side at a time because the wide street width of some branches. 1.b Part 2 Streets — Tetra Tech will survey the condition of Part 2 City entry way streets, which have 13 branches and is approximately 12,040 linear feet. Approximately 6,640 linear feet will have to be done one side at a time because the wide street width of some branches. Task 2 — Core Samples Tetra Tech's subconsultant, Southern California Soil & Testing, Inc will take up to 10 core samples where complete removal and replacement is proposed. The existing structural section and R- value of the existing subgrade will be identified, and a new replacement structural section will be designed. wit TETRA TECH, INC. Mr. Alberto Griego City of National City — Engineer Department April 6, 2005 Page 3 Task 3 — Prepare Plan Details 3.a Survey — Tetra Tech will provide a design Survey for up to 4 locations for vertical and horizontal control as may be required for the design details. 3.b Design Details — Tetra Tech will prepare Design Details for up to 4 locations requiring redesign to solve drainage or grade problems. Task 4 — Prepare Opinion of Probable Cost Tetra Tech will submit an opinion of probable quantities and cost with the draft and final submittals. The cost estimate will be prepared in Microsoft Excel. Unit costs will be estimated from the City's Bid Summary from FY 03-04, Tetra Tech's prior experience, published data (e.g., Means), and supplier material quotes. 4.a Part 1— Tetra Tech will prepare an opinion of probable quantities and cost for Part 1, which are streets identified as regular scheduled maintenance. The quantities and cost will be limited to the 1 million dollar budget including a 15 percent contingency. 4.b Part 2 — Tetra Tech will prepare an opinion of probable quantities and cost for Part 2, which are streets identified as City limit entry ways. The quantities and cost will be limited to the 2 million dollar budget including a 15 percent contingency. Task 5 — Prepare Bid Documents Once a Notice to Proceed is issued, Tetra Tech will prepare bid documents for the street resurfacing based upon the list of streets provided by the City. We will prepare draft bid documents for the City's review and final bid documents for the City's approval. 5.a Contract Documents — Tetra Tech will prepare the contract documents based upon the City's boiler plate. We will use the City's front-end documents, bid forms, and General Provisions. 5.b Special Provisions — Tetra Tech will prepare the special provisions based upon the City's boiler plate. We will modify the Special Provisions to incorporate project -specific requirements and required submittals. 5.c Appendices — Tetra Tech will prepare the Technical Appendices that will include a site plan, locations and quantities of the street rehabilitation methods, standard drawings, and plan details. Task 6 — Bid Support Assistance will be provided by Tetra Tech during the bidding phase of the project. Anticipated services include: TETRA TECH, INC. Mr. Alberto Griego City of National City — Engineer Department April 6, 2005 Page 4 6.a Review RFI's — Tetra Tech will respond to Requests for Information during the bidding period. 6.b Prepare Addendums — Tetra Tech will prepare either City initiated or Contract clarification Addendums. 6.c Attend Bid Opening — Tetra Tech will attend the Bid Opening. 6. d Review Bids — Tetra Tech will review bids received and make a recommendation for contract award to the City. PROJECT SCHEDULE The proposed time schedule for completing the scope of work outlined is attached. We believe the time frames set forth in our proposed schedule provide more than ample time to complete the tasks identified in our scope of work, including review periods by the City. FEE PROPOSAL The estimate of consulting fees for preparation of the bid documents is attached. Our fee estimate has been organized by task and labor category. Direct costs will include reproduction, postage, automobile mileage, and other expenses directly related to the project. The City will be invoiced on a monthly basis. Final compensation and method of payment will be based upon the final scope of work and the terms agreed upon between the City and Tetra Tech. We are anxious to participate in the project, as well as the opportunity to continue our professional relationship with the City. Members of the Tetra Tech Team offer both their personal and professional commitment to serving the City, from project planning through construction completion. We are proud of our past association with City staff, and look forward to continuing our professional relationship. Our team stands ready to meet with you to elaborate on our qualifications and approach, as well as answer any questions you may have. Sincerely, Brad Nguyen, P.E. Project Manager BN:amb I:\Prop 2005\p017bn.doc Attachment List of Streets to be Resurfaced for Fiscal Year 2005-2006 BRANCH FROM TO 1 W 15TH ST COOLIDGE AVE ROOSEVELT AVE 2 W 15TH ST HARDING AVE COOLIDGE AVE 3 W 15TH ST ROOSEVELT AVE NATIONAL CITY BLVD 4 BUCKY LN HIGHLAND AVE EAST END 5 BETA ST U AVE EUCLID AVE 6 E 20TH ST WEST OF NEWELL ST GOLF COURSE 7 DIVISION ST WEST OF HIGHLAND in front of 730 Division 8 W 16TH ST WILSON AVE HARDING AVE 9 E PLAZA BLVD MANCHESTER ST INT OF E 8TH ST & PARADISE VALLEY ROAD 10 E 8TH ST HARBISON AVE PARADISE VALLEY ROAD 11 ORANGE ST CITY LIMIT SWEETWATER ROAD 12 E 14TH ST ORANGE ST (Western offset) EUCLID AVE 13 HOOVER AVE MILE OF CARS WAY W 25TH ST 14 HOOVER AVE W 28TH ST (starting @ 2900 block) W 30TH ST Prepare' by Kenneth Fernandez LENGTH LF 640 Cross Gutter 310 725 860 500 Cross Gutter 331 615 1,590 200 525 305 305 WIDTH LF 50 50 37 37 30 AREA SF PCI 32,000 12 15,500 26,825 31,820 15,000 X 21 24 24 X X 54 17,874 48 61 37,515 46 61 29 37 61 61 96,990 5,800 19,425 18,605 42 15 42 63 18,605! 63 PART I (Scheel, "nd maintenance) Page 1 of 1 '"2005 List of Streets Entering the City to be Resurfaced for Fiscal Year 2005- 2006 BRANCH FROM TO VICINITY LENGTH WIDTH AREA PCI LF LF SF 15 MAIN ST DIVISION ST E 1ST ST NW 320 49 15,680 60 16 DIVISION ST MAIN ST OSBORN ST NW 380 26 9,880 58 17 DIVISION ST OSBORN ST MARINE VIEW AVE NW 1,520 22 33,440 73 18 HIGHLAND AVE DELTA ST (CITY LIMIT) DIVISION ST N 1,500 30 45,000 64 19 DIVISION ST HARBISON AVE CITY LIMIT NE 360 35 12,600 100 20 E 4TH ST HARBISON AVE RACHAEL AVE NE 315 45 14,175 81 21 PLAZA BLVD CITY LIMIT PARADISE VALLEY ROAD E 1,005 30 30,150 100 22 PARADISE VALLEY RD E 8TH ST EAST CITY LIMIT E 2,330 60 139,800 72 23 E 30TH AVE HIGHLAND AVE L AVE (CITY LIMIT) S 1,240 65 80,600 61 24 W 8TH ST TROLLEY RRX-ING 1-5 W 1,130 62 70,060 70 25 E 8TH ST NATIONAL CITY BLVD D AVE W 1,290 61 78,690 96 26 HIGHLAND AVE E 30TH ST 350' S OF E 30TH ST S 350 61 21,350 39 27 HIGHLAND AVE 350' S OF E 30TH ST BRIDGE @ CITY LIMIT S 300 61 18,300 93 Prepared by Kenneth Fernandez PART II (Entry ways) Page 1 of 1 4/6/2005 CITY OF NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 SPEC. NO. 04-09 ID Task Name Duration Start May June 4/10 1 4/17 I 4/24 5/1 I 5/8 1 5/15 I 5/22 I 5/29 1 Project Summary 36 days Mon 4/25/05 6/5 6/12 I 6/19 J . 2 Notice to Proceed 0 days Mon 4/25/05 4/25 3 Survey Street Condition 7 days Mon 4/25/05 4 Take Core Samples 4 days Wed 5/4/05 5 Prepare Plan Details 14 days Wed 5/4/05 6 Prepare Estimates 2 days Tue 5/24/05 7 Prepare Bid Documents 5 days Thu 5/26/05 8 Submit Draft 0 days Wed 6/1/05 6/1 9 City Review 5 days Thu 6/2J05 10 Revise Bid Documents 3 days Thu 6/9/05 11 Submit Final Bid Documents 0 days Mon 6/13/05 . 6/13 Project: Street Resurfacing FY 05-06 S, Date: Wed 4/6/05 Task Milestone ♦ Summary = - ° .. = j Par,. 1 Fee Proposal CITY OF NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 SPEC. NO. 04-09 Task Subtask Description Summary Classification Sr. Project Manager Project Manager Project Engineer Sr. Consf. Obsvr GISICADD Operator Word Processor Subtask Labor -Hours Rate $165.00 $150.00 $135.00 $87.00 $92.00 $60.00 Task 1 Survey Street Condition 1.a Part I Streets (6,906 If + 4,096 If) 8 24 24 8 1.b Part II Streets (12,040 If +6,640 If) 12 32 32 8 64 84 15 11 120 1020 Task 2 Core Sample 2.a Core Sample (10 locations) 2 4 8 1 Task 3 Prepare Plan Details 3.a Survey (4 locations) 2 8 1 3.b Design Details (4 locations) 40 80 Task 4 Prepare Opinion of Probable Cost 4.a Part I Streets (-$1 million) 2 8 4.b Part II Streets (-$2 million) 4 16 28 56 32 10 11 4 4 Task 5 Prepare Bid Documents 5.a Contract Documents 2 8 16 5.6 Special Provisions 4 16 32 2 5.c Appendices 2 4 8 16 4 2 Task 6 Bid Support 6.a Review RFI's 2 8 6.b Prepare Addendum 2 8 6.c Attend Bid Opening 1 6.d Review Bids 4 Task Subtotal - Hours 8 70 204 64 112 11 469 Task Subtotal- Costs $1,320 $10,500 $27,540 $5,568 $10,304 f $660 TETRA TECH, INC. Subtask Labor Cost Direct Cost Subcontract Total Cost $7,264 $9,640 $1,596 $1,440 $12,760 $1,380 $2,760 $3,810 $7,620 $3,602 $1,380 $1,440 $600 $600 $200 $150 $0 $0 $100 $0 $0 $250 $0 $0 $0 $0 $25 $0 $0 $0 $3,000 $2,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $7,464 $9,790 $4,596 $3,440 $12,860 $1,380 $2,760 $4,060 $7,620 $3,602 $1,380 $1,440 $625 $600 $55,892 $725$5,000 $61,617 TOTAL NOT TO EXCEED FEE: $61,617 Street Resurfacing FY 05-06 Fee Proposal 1 of 1 4/6/2005 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 19, 2005 AGENDA ITEM NO. 6 (ITEM TITLE Resolution accepting the lowest, responsive, responsible bid, for the purchase of Glock Handguns and accessories for a total of $75,688.31 minus a trade-in of existing equipment for $23,572.50, for a total award of $52,115.81 to LC Action Police Supply. (SLESF Grant Funds) PREPARED BY DEPARTMENT Brenda E. Hodges C.P.M. Purchasing Dept. EXPLANATION (619)336-4570 Request for Bid #GS0405-2 was issued for the purchase of Glock handguns and accessories, including a trade-in of some existing handguns and accessories. Bids were mailed to 15 vendors, netting 6 responses. Bids were opened and publicly read on April 1, 2005 with no vendors present for the opening. Two vendors bid on the items for purchase, but did not include a deduction for the trade-in. LC Action Police Supply offered the lowest, responsive, responsible bid. The award will be in the amount of $52,115.81, including tax and delivery. On 5/18/04, Council approved resolution #2004-88, for the appropriation of 2003-2004 Supplemental Law Enforcement Services Funds (SLESF) in the amount of $58,500 for the purchase of Glock hanguns and accessories and trade-ins. CEnvironmental Review X N/A Financial Statement SLESF funds (see above) !/( Approved By: Finance Director v #208-411-3 0 4.316-0000 Account No. STAFF RECOMMENDATION The Purchasing Agent recommends that the award be made to LC Action Police Supply, and that authority be given to the Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below) Resolution No. Bid Abstract Resolution RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BID FOR THE PURCHASE OF GLOCK HANDGUNS AND ACCESSORIES FOR A TOTAL OF $75,688.31, MINUS A TRADE-IN OF EXISTING EQUIPMENT FOR $23,572.50, FOR A TOTAL AWARD OF $52,1151.81 TO LC ACTION POLICE SUPPLY WHEREAS, the Purchasing Agent of the City of National City did, in open session on April 1, 2005, publicly open, examine and declare all sealed bids for Bid #GS0405-2, the purchase of Glock handguns and accessories, including a trade-in of some existing handguns and accessories. WHEREAS, only one vendor offered a trade-in of the existing handguns and accessories in the amount of $23,572.50, which lowers the total cost of $75,688.31 to a total award amount of $52,115.81, which will be funded by 2003/2004 Supplemental Law Enforcement Services Funds (SLESF). NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of National City hereby awards the contract for the purchase of Clock handguns and accessories to the lowest responsive bidder, to wit: LC ACTION POLICE SUPPLY BE IT FURTHER 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 LC Action Police Supply and the City of National City for the purchase of Glock handguns and accessories in the total amount of $52,115.81. PASSED and ADOPTED this 19th day of April, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BID #GS0405-2 ABSTRACT/ANALYSIS 4/5/2005 Less Less Bid for new trade-in for trade-in for Tax on Total BIDDER: items group #1 group #2 new items Award LC Action $70,244.37 ($18,150.00) ($5,422.50) $5,443.94 $52,115.81 San Jose, CA Saba's Tailored Uniforms $63,012.50 $0.00 $0.00 $4,883.47 $67,895.97 Bakersfield, CA (incomplete bid) Emergency Equip. Engineering $71,360.50 $0.00 $0.00 $5,530.44 $76,890.94 San Diego CA Adamson Police Products No Bid Los Alamitos, CA Keisler Police Supply No Bid Jeffersonville, IN San Diego Police Equipment No Bid San Diego CA American Shooting Center Received late, San Diego, CA returned unopened Krasne's Gun Shop Retumed, San Diego, CA undeliverable All State Police Equipment No Response Claremont, CA Calif Police Equipment No Response San Diego, CA Chula Vista Gun Store No Response Chula Vista, CA Discount Gun Mart No Response San Diego, CA El Cajon Gun Exchange No Response El Cajon, CA Ryansson, Inc. No Response Chino, CA Southern Calif. Gun No Response San Diego, CA City of National City, California COUNCIL AGENDA STATEMENT April 5, 2005 .nEETING DATE AGENDA ITEM NO. 7 /ITEM TITLE Resolution rejecting the bids received for the Las Palmas Municipal Pool Renovation Project and authorizing the purchase of needed project equipment in conformance with the State Public Contract Code Section 20167. ( Environmental Review X N/A PREPARED BY Maryza Gutierrez EXPLANATION 336-4382 DEPARTMENT See Attached Engineering Financial Statement Approved By: 71-----Financ Director See Attached Account No. STAFF RECOMMENDATION Adopt the Resol ion. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution A-200 (9:99) RE: Resolution rejecting the bids received for the Las Palmas Municipal Pool Renovation Project and authorizing the purchase of needed project equipment in conformance with the State Public Contract Code Section 20167. In January 2005, the Engineering Department put the Las Palmas Pool Renovation Project out to bid with the contract requiring the contractor to purchase and install the equipment for the project. The intention was to award the contract and begin construction in March utilizing $147,750 in grant funding before its April 30, 2005 deadline. The bids for this project, however, came in much higher than estimated. The City could not award the contract based upon available funds and all bids were rejected in accordance with the State Public Contract Code. Due to the grant's April 30`h deadline, the Engineering Department did not have sufficient time to rebid the project with a contract that required the contractor to purchase and install the project equipment. Instead, the Engineering Department Staff: (1) reduced the project's scope of work to put the project out to bid with a contract indicating that the project equipment would be "owner furnished ---contractor installed," (2) conducted an informal bid process for project equipment, and (3) selected the lowest bidders putting together $74,672 in equipment requisitions of which $49,078 will be applied towards the grant. Unless the City Council takes action under Section 21067 of the State Public Contract Code to allow the Engineering Department to purchase the equipment, $49,078 in grant funding is in jeopardy of being lost ($98,672 in design and miscellaneous expenses have already been allocated to this grant). Under Section 21067 of the State Public Contract Code, the City Council may reject all previously received bids and pass a resolution declaring that this project can be performed more economically by the materials or supplies being furnished at a lower price in the open market. Upon adoption of the resolution, the City could utilize the informal bid process conducted by the Engineering Department Staff. The Engineering Department requests that the City Council: (1) reject the previously received bids and (2) authorize the purchase of the needed equipment. Council action would recognize that previous bids for this project where higher than available funds could support and allow the City to utilize the available state grant funds before the April 30, 2005 deadline. Financial Statement: To date, the expenditures for this project total $173,345. Of this amount, $147,750 will he covered by the State grant. The following expenditures will be applied toward the grant: (1) $95,000 in design related expenses, (2) $49,078 in project equipment expenses, and (3) $3,672 in miscellaneous project related expenses. The remaining $25,595 in equipment expenditures will be paid using Capital Facilities funding. These amounts are within the estimated budget for this project. Funding is available through Account Numbers: (1) 349-409-500-598-4097 and (2) 303-409-500-598-4097. RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REJECTING THE BIDS RECEIVED FOR THE LAS PALMAS MUNICIPAL POOL RENOVATION PROJECT AND AUTHORIZING THE PURCHASE OF NEEDED PROJECT EQUIPMENT IN CONFORMANCE WITH CALIFORNIA PUBLIC CONTRACT CODE SECTION 20167 WHEREAS, on February 24, 2005, the Engineering Department received and opened bids for the Las Palmas Pool Renovation Project; and WHEREAS, each of the submitted bid amounts exceeded the amount available to fund the project, which consisted of grant funding; and WHEREAS, the City Engineer has recommended that the bids be rejected, that the project's scope of work be reduced, and that in order to utilize the available grant funding, the necessary equipment be obtained in the open market through an informal bid process, to be installed by a contractor selected through a competitive bid process; and WHEREAS, Section 20167 of the California Public Contract Code provides that after rejecting bids, the City Council may pass a resolution by a 4/5 vote declaring that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby rejects all bids for the Las Palmas Pool Renovation Project; finds that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market; directs that the scope of the project be reduced to allow the project to be paid for by grant funding; and directs that in order to utilize the available grant funding, the necessary equipment be obtained in the open market through an informal bid process. PASSED and ADOPTED this 19th day of April, 2005. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney .AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 19, 2005 AGENDA ITEM NO. EXPLANATION Each year, SANDAG's Board of Directors allocates funds under the Transportation Development Act (TDA) and the TransNet local sales tax program to support non -motorized transportation projects in the San Diego region. On March 3, 2005, SANDAG issued a letter for FY2006 Transportation Development Act and TransNet Bicycle and Pedestrian Call for Projects. On April 1, 2005, the Engineering Departmentof the City submitted an application/claim to SANDAG to fund a Bicycle Master Plan for the City. This application/claim included a proposal from Tetra Tech, Inc., an engineering consultant firm, to provide the Bicycle Master Plan documents. This proposal contains a scope of work, a schedule and a cost for developing the document in the amount of $73,488. This cost, if the project is found eligible, will be funded by TDA and TransNet bicycle and pedestrian project funds. Beginning with the 2007 project application cycle, all cities will need to have a SANDAG approved Bicycle Master Plan to be eligible for TDA/TransNet funds for individual projects. The City has not updated its Bicycle Master Plan since 1992. 8 ITEM TITLE Resolution of the City of National City authorizing the City Engineer to file an application/claim to obtain funding for a Bicycle Master Plan for the City through the FY 2006 Transportation Development Act (TDA) and TransNet Bicycle and Pedestrian program in the amount of $73,488. PREPARED BY Alberto Griego DEPARTMENT Engineering 336-4386 Engineering staff recommends that the resolution be adopted. ( Environmental Review Financial Statement N/A STAFF RECOMMENDATION X N/A Approved By: Finance Director Account No. Adopt the Resolution. BOARD / COMMIS N RECOMMENDATION N/A. ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2. Copy of Claim/Application with Tetra Tech, Inc. Proposal bicycle A-200 (5 99, RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO FILE AN APPLICATION/CLAIM TO OBTAIN FUNDING FOR A BICYCLE MASTER PLAN FOR THE CITY THROUGH THE FY 2006 TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSNET BICYCLE AND PEDESTRIAN PROGRAM IN THE AMOUNT OF $73,488 WHEREAS, each year, SANDAG's Board of Directors allocates funds under the Transportation Development Act (TDA) and the TransNet local sales tax program to support non -motorized transportation projects in the San Diego region; and WHEREAS, on March 3, 2005, SANDAG issued a letter for FY 2006 Transportation Development Act and TransNet Bicycle and Pedestrian Call for Projects; and WHEREAS, on April 1, 2005, the Engineering Department submitted an application/claim to SANDAG to fund a Bicycle Master Plan for the City. This application/claim included a proposal from Tetra Tech, Inc., an engineering consultant firm, to provide the Bicycle Master Plan documents. This proposal contains a scope of work, a schedule and a cost for developing the documents in the amount of $73,488. This cost, if the project is found eligible, will be funded by TDA and TransNet Bicycle and Pedestrian Project funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to file an application/claim to obtain funding for a Bicycle Master Plan for the City through the FY 2006 Transportation Development Act (TDA) and TransNet Bicycle and Pedestrian Program in the amount of $73,488. PASSED and ADOPTED this 19th day of April, 2005. ATTEST: Nick Inzunza, Mayor APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney Annual Grant Application Transportation Development ActlTransNet Bicycle Projects Applicant (Agency): CITY OF NATIONAL CITY Project Name: NATIONAL CITY BICYCLE MASTER PLAN Project Limits: ENTIRE CITY Project Type: BICYCLE MASTER PLAN X Bicycle Capital Improvement/Construction Pedestrian Capital Improvement/Construction Restriping bicycle lanes Bicycle Parking Bicycle Plan Pedestrian Plan Planning Study Safety/Education Program Contact Person: Title: Address Phone: Fax: E-mail: ALBERTO GRIEGO ASSOCIATE ENGINEER - CIVIL 1243 NATIONAL CITY BLVD. 619 336 4386 619 336 4397 agriego(a ci.national-city.ca.us Person Authorized to Submit Application: ALBERTO GRIEGO Name Signature Project Funding: Total Estimated Project Cost (Please attach a detailed project estimate based on best available engineering) $73,488.on Estimated cost for the portion of the project in this application. $73,488.00 Revenues (Source and Amount): Matching Funds (Category 9 of project selection criteria) Source of Funds 0 0 Amount TDA/TransNet $73,488.00 (Application Amount as shown in Category 10 of project selection criteria) Total Revenues $73,488.00 Selection Criteria Support Materials A. The council or governing board of the applicant must authorize this grant application. Please attach a copy the resolution or minute order documenting that action. Or, if the project is part of an approved Bicycle Plan, please attach a copy of the B. Typical cross -sections and photographs (if applicable) that indicate project conditions and any significant features that affect feasibility and/or cost (Category 2 of project selection criteria). C. Project Schedule (Category 3 of project selection criteria): Phase Feasibility Study Preliminary Engineering Environmental Document/Certification Final Design Advertise for Construction Begin Construction Project Completion Begin Complete June 1 2005 Jan 20 2006 D. Project map. Briefly describe project limits. Please provide a location map clearly showing the project alignment (Category 4 of Project Selection Criteria). In addition, clearly show and label the following elements: a. major traffic generators within the project area (1/2 mile buffer for pedestrian projects and 1 mile buffer for bicycle projects) b. linkage or connections to existing bicycle or pedestrian facilities c. linkage to any regional bikeway or public transit stop E. List and briefly describe major traffic generators served by the project (Category 4 of Project Selection Criteria). F. List and briefly describe the linkages or connections to existing facilities (Category 5 of Project Selection Criteria). G. Describe the safety issues addressed by the project. If applicable, please attach support documentation for safety and accident history (Category 6 of Project Selection Criteria). H. Describe any design innovations for bicycle/pedestrian priority measures that are included within the project limits (Category 7 of Project Selection Criteria). I. Please list the project's linkages to any regional bikeway or public transit (Category 8 of Project Selection Criteria). Is this project in your agency's adopted capital improvement program (Y/N) N If the project is part of a larger capital improvement project, briefly discuss how the bicycle or pedestrian project costs were identified, and a description of the other sources of funds for the overall project. Briefly describe any other aspects of the project that is relevant to its evaluation. Bicycle Plans, Education/Safety Programs and Bicycle Parking Bicycle Plans, Education/Safety Programs and Bicycle Parking projects will be considered in a separate category. These types of projects are encouraged and will be evaluated by SANDAG staff. Basic Guidelines: Bicycle Plans — Cities with population up to 75,000 will be eligible for a maximum of $75,000. Cities with popula,,.,n greater than 75,000 will be eligible for a maximum of $150,000. Beginning with the 2007 project application cycle, all cities will need Bicycle Parking — Projects that conform to SANDAG's Bicycle Parking Guidelines and have a projected cost up to $50,000 will be eligible. li Bicycle Project Selection Criteria Category Criteria Potential Points Score 1. Community Support/Consistency with Community Plan Must have at least one of the following to qualify. Please attach supporting documentation. 1. Resolution or minutes from City Council, County Board of Supervisors, local planning group, or Planning Commission. Or 2. Project is part of a Bicycle Plan that has been approved within the last five years. Pass/Fail 2. Meet Minimum Standards in Design Criteria Must meet the minimum geometric standards set forth in the Caltrans Highway Design manual. Design exceptions may be presented for consideration by the Bicycle -Pedestrian Working Group with the understanding that initial project proposals must include a de Pass/Fail 3. Project Readiness * - Projects are eligible for points following completion of each phase - 20 Points Maximum Feasibility Study 4 Preliminary Engineering ** 4 Environmental Clearance 4 Right-of-way Acquisition 4 Final Design ** 4 4. Geographic Factors/GIS Analysis - 20 Points Maximum Factors contributing to score are: proximity to population and employment, population and employment densities and activity centers. 0 to 20 5. Completes Connection/Linkage in Existing Bicycle Network - 10 Points Maximum Provides segment of an identified and approved bicycle facility. 4 Complete connection in existing network or upgrades Class of facility. 10 6. Safety Improvements - 20 Points Maximum Improves safety within existing network. 12 Completes connection in existing network at location with documented safety or accident history A. One to two correctable crashes involving non -motorized users within the last three years. 4 B. Three to four correctable crashes involving non -motorized users within the last three years. 6 C. Five to six correctable crashes involving non -motorized users within the last three years. 8 Bicycle Project Selection Criteria Category Criteria Potential Points Score 7. Innovation and Design - 10 Points Maximum Bicycle priority measures. Dedicated bicycle signal heads, queue jumpers, bike box, colored lanes, cul-de-sac connector, bike boulevard, and bike station. 10 8. Connection to Regional Transportation Corridor or Transit Linkage or Regional - 20 Points Maximum Project is a part of, or connects to, a regional bikeway corridor as identified in the Regional Transportation Plan (RTP) . 10 Project provides a direct connection to local transit stop. 14 Project provides a direct connection to regional transit station. 20 Subtotal 0 9. Matching Funds Matching funds can be from any of the following sources: 1. Identified and approved capital funding from identified source. Please provide proof in the form of a resolution or letter of approval. 2. Approved match grant. 3. In -kind services. Please provide adequate support documentation. (Matching Funds / Project Cost) x 25 10. Cost Benefit Subtotal Score / Grant Application Amount 0 to 15 Total Score 0 'Previous project milestones must be met before qualifying for subsequent funding. **Preliminary Engineering and Final Designs will be subject to design review by SANDAG. Tt TETRA TECH, INC. Exhibit "A" Bicycle Master Plan — City of National City SCOPE OF SERVICES Task 1 Administration/Coordination/Meetings Tetra Tech will manage this phase of the project with responsibility for the overall work effort. This task includes project management and administration, meetings, quality assurance/quality control, agency, scheduling, budgeting, and invoicing. Progress meetings will be held as needed between the City and the Tetra Tech Project Team. The purpose of these meetings will be to review the project status to ensure that contract objectives and milestones are being achieved. To supplement these meetings, Tetra Tech will maintain on -going communication with the City and the associated agencies. A detailed schedule will be developed, maintained, and updated for control of the project. Task 2 Research and Data Collection • Review updated General Plan Circulation Element, any existing bicycle facilities, and any other pertinent information available. • Review all proposed and existing bikeway system. • Review the regional bikeway system to determine and evaluate continuity and flow characteristics of City routes into adjacent communities and municipalities. • Review current standards and requirements for new developments to provide bicycle facilities. • Review and update existing selection criteria for additional or alternate bike routes. • Perform field investigation/observations to evaluate existing routes and extent of current bicycle use. • Review State standards and requirements for bikeways. • Review accident data involving bicycles on City streets to be provided by the City. Task 3 Draft Bicycle Master Plan A. Identify Goals and Objectives Tetra Tech will work with the City to develop a Draft Bicycle Master Plan to act as an appendix of the circulation element and general plan. This task will focus on developing the specific goal and objectives, scope of program, relationship to other general plan elements, and related plans and programs. Operations and safety of the City's trail system will be improved by providing the vision and policy guide for the city's planning efforts, developing this vision into a framework that will provide access for recreation and non -motorized users/commuters through an interconnected system of trails, bike paths, and regional trails linking neighborhoods, regional parks, schools, and businesses. I:\prop04\p 1 2 I ka\Scope.doc TETRA TECH, INC. Bicycle Master Plan — City of National City Scope of Services Page 2 B. Identify Bikeway System Tetra Tech will work with the City to develop a mission statement for the safe and efficient systems of bicycle trails and paths. We will provide a recommended bikeway system for National City and develop a bicycle circulation master plan map exhibit indicating existing bike ways, proposed Class I, II, and III bikeways, schools, freeway, arterial streets, neighborhood streets, commercial center, waterway, railroad, and City boundary. We will also recommend bicycle support facilities/programs. C. Evaluation Elements • Identification of community impacts and possible mitigation for new and alternate route alignments. • Evaluation of existing bike facilities relative to integrating them into a new citywide bicycle facilities plan. • Determination of the City's current and future needs with respect to bicycle facilities. • Identification of topography and other constraint that would preclude extension of existing bicycle route. • The engineering element shall consist of items necessary for the City to evaluate the Bicycle Facilities Plan. These are: - Determine current class and location of current and future bike facility needs. Recommend type of racks and bicycle and bicycle storage facilities and location thereof. - Recommend site amenities such as wall, benches, and bike rest stops. Preparation of cost estimates for recommended facilities for the implementation of the facilities plan. - Recommendations relative to phasing the implementation of the facilities plan. Recommended frequency and location for bicycle counts. - Outline methods and format for bicycle use survey. Describe needs, if any, for future study. D. Conceptual Cost Estimate/Prioritization Strategy Once the bikeway system is identified, conceptual cost estimates and project phasing will be identified. High priority projects will be determined based on cost and construction feasibility, as well as need and benefit. Funding is a key element in implementing any of the bikeways. We will list potential funding sources at various government levels. E. Identify Educational and Outreach Programs In effort to increase the use of bicycles as an alternative transportation, we will provide recommendations for safety, educational programs, and community outreach programs. We will provide five (5) copies of the Draft Bicycle Master Plan to the City for review and comment. I:Aprop04\p 121 ka\Scope.doc TETRA TECH, INC. Bicycle Master Plan — City of National City Scope of Services Page 3 Task 4 Final Bicycle Master Plan Tetra Tech will review the Draft Bicycle Master Plan comments from the City and incorporate any changes and revisions into the Final Bicycle Master Plan. We will submit one (1) copy of the revised Bicycle Master plan for cursory review. Once it is approved, we will then provide to the City five (5) copies and one (1) reproducible master of the Final Bicycle Master Plan. I:Aprop04\p l21 ka\Scope.doc Bicycle Master Plan - City of National City EXHIBIT "B" Prepared by Tetra Tech, Inc. ID Textl I Task Dur Start Finish 2Q05 Mav Jun I Jul ! Aug I Sep I Oct i Nov 1 Dec Jan I Feb ] Mar 0 Bicycle Master Plan Notice to Proceed Kick Off Meeting (No. 1)/ Begin Work 1 Administration/Coordination/ Meetings 2 Research and Data Collection 3 Draft Bicycle Master Plan a. Identify Goals and Objectives b. Identify Bikeway System c- Evaluation Elements d. Conceptual Cost Estimate/ Prioritization Strategy e. Identify Educational and Outreach Programs Submit Draft Bicycle Master Plan Agencies Review Draft Bicycle Master Plan 4 Final Bicycle Master Plan Incorporate Comments Submit Final Bicycle Master Plan (screencheck) Agencies Review Final Bicycle Master Plan (screencheck) Submit Final Bicycle Master Plan 165d 0d 0d 165d 20d 100d 30d 35d 40d 30d 30d Od 20d 45d 35d 0d' l0d' 0d Mon 6/6/05 Fri 1/20/06 Mon 6/6/05 Mon 6/6/05 Mon 6/6/05 Mon 6/6/05 Mon 6/6/05 Fri 1/20/06 Mon 6/6/05 Fri 7/1/05 Mon 7/4/05 Fri 11/18/05 Mon 7/4/05 Fri 8/12/05 Mon 7/4/05 Fri 8/19/05 Mon 7/18/05 Fri 9/9/05 Mon 9/12/05 Fri 10/21/05 Mon 8/22/05 Fri 9/30/05 Fri 10/21/05 Fri 10/21/05 Mon 10/24/05 Fri 11/18/05 Mon 11/21/05 Fri 1/20/06 Mon 11/21/05 Fri 1/6/06 Fri 1/6/06 Fri 1/6/06 Mon 1/9/06 Fri 1/20/06 Fri 1/20/06 Fri 1/20/06 6/6 • • 6/6 6/6 . 1/20 1/20 1/20 /6 1/20 ♦ f!1/20 1 2 3 6l6 ... ., 6/6 iiiii 7/1 4 7/4 11/18 5 6 7/4'f : 8/12 7/4 _. ., 8/19 7 7/18 >= -=-- _ 9/9 8 9/12 aiMil 10/21 9 10 8/22 MiiMi 9130 ♦'10/21 11 10/24 11/18 12 11/21 13 11/21 _ 1/6 14 1/9 • ' T 15 16 17 I:\prop04\p120ka\Master Bike Plan.mpp Page 1 Wed 3/30/05 TETRA TECH, INC. Infrastructure Services Group EXHIBIT "C" 2005 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intern/Technician/Assistant$ 50.00 Project Administrator $ 68.00 Designer/CAD Operator/Engineer I $ 92.00 Engineer II and III/Senior Designer $ 105.00 Biologist $ 105.00 Planner $ 105.00 Senior Engineer/Landscape Architect $ 120.00 Project Engineer/Project Coordinator $ 135.00 Senior Planner $ 145.00 Senior Scientist.. $ 145.00 Project Manager/Sr. Project Coordinator$ 150.00 Senior Project Manager. $ 165.00 Program Director/Project Director $ 200.00 Survey/Mapping Survey Technician I $ 92.00 Survey Technician II/Field Supervisor $ 105.00 Senior Surveyor. $ 120.00 Project Surveyor. $ 140.00 Two -Person Survey Party $ 190.00 Two -Person Survey Party with GPS $ 230.00 Three -Person Survey Party $ 272.00 Survey Travel Time (Two -person) $ 90.00 Survey Travel Time (Three -person) $ 127.00 Administrative Construction Management Administrative Clerk $ 49.00 Construction Observer $ 80.00 Word Processor/Admin. Support $ 60.00 Senior Construction Observer $ 89.00 Graphic Designer $ 98.00 Resident Engineer $ 125.00 Construction Manager $ 150.00 Reproduction, special photography, postage, delivery services, express mail, out -of -area telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 15%. Reimbursable In -House Costs Photo Copies (B&W 8.5"x11") $ 0.10/Each Large Format Copies $ 0.30/S.F. Photo Copies (B&W 11"x17") $ 0.35/Each Computer Time $10.00/Hour Color Copies (up to 8.5"xl1") $ 1.50/Each Mileage $ 0.45/Mile Color Copies (to 11"x17") $ 2.50/Each Compact Disk $10.00/Each NOTE: All rates are effective to October 1, 2005. There will be a negotiated increase in rates, 5% minimum per year, for contracts extending beyond October 1, 2005 1:Aprop04\p121ka\2005 Rate Sheet doe FEE PROPOSAL TABLE Bicycle Master Plan - City of National City Prepared by: Tetra Tech, Inc. EXHIBIT "D" URS PER CLASSIFICATION TASK DESCRIPTION (2005 Hourly Rates) SENIOR PROJ MGR PROJ ENGR DESIGN ENGR CAD OPER WORD PROC SURVEY COORD 2-PER SURV CREW TOTAL LABOR HOURS TOTAL LABOR COSTS DIRECT COSTS $165 $135 $105ef $992 $120 $190 GI.3.1[.rv�d'"'"t.".n_c'.e!W1 ry,y$60 'P.adrr1�... �&+ TASK 1 Administration/Coordination/Meetings 24 40� 40 104 $11,760 TASK 2 Research and Data Collection 4 16 24 8 52 $5,820 * $500 TASK 3 Draft Bicycle Master Plan a. Identify Goals and Objectives 24 40 8 72 $9,840 b. Identify Bikeway System 4 24 80 48 24 180 $18,156 c. Evaluation Elements 8 24 16 48 $6,240 d. Conceptual Cost Estimate/Prioritization Strategy 8 16 24 4 52 $6,240 c. Identify Educational and Outreach Programs 4 24 24 52 $5 340 TASK 4 Final Bicycle Master Plan 4 24 24 16 20 88 $9 092 * $500 ,; ,� g.' .`Le; v u� � ����„r.�,.�x r`. ".. . T, •��y� � �,� . , -- t. �»� , r�s+" °t �, �..rr � -v. ESTIMATED TOTAL LABOR HOURS 80 208 168 64 128 0 0 648 S 72,488 $ 1,000 ESTIMATED TOTAL COST $73,488 TOTAL COST REMARKS $11,760 $6,320 * Reproduction $9,840 $18,156 $6,240 $6,240 $5,340 $9 592 * Reproduction $ 73,488 I:\prepG4\p i 211. J/31/2005 >STAFF RECOMMENDATION Adopt the Resolution. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 19, 2005 AGENDA ITEM NO. 9 ITEM TITLE A Resolution of the City Council of National City accepting the work from Portillo Concrete, Inc., approving the Final Contract Balance Change Order with the final amount at $72,540, and authorizing the filing of the Notice of Completion for the Miscellaneous Concrete Improvements at P ixio iicai ons, Specification No. 04-7. DEPARTMENT EXPLANATION Din Daneshfar Engineering Department 336-4387 See attached explanation. Environmental Review N/A • Financial Statement "fhe final total construction cost is $72,540. Appr ppr = This amount is within the estimated budget for the project (Reso. 2004-207). Funding is available through Account Nos. 109-409-500-598-6134 ($50,000), and 109-409-50 amount of the final payment (10% retention) is $7,254.00, which will be due. 137 ($5 Account No. Fina c Director ,300). The BOARD / COMMISSION RECOMMENDATION U N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Final Contract Balance Change Order 3. Notice Of Completion A-200 (9:991 RE: Resolution of the City Council of National City accepting the work from Portillo Concrete, Inc., approving the Final Contract Balance Change Order with the final amount at $72,540, and authorizing the filing of the Notice of Completion for the Miscellaneous Concrete Improvements at Various Locations, Specification No. 04-7 On November 16, 2004 by Resolution No. 2004-207, the City Council awarded a contract to Portillo Concrete, Inc. for the Miscellaneous Concrete Improvements at Various Locations, Specification No. 04-7. Based upon the estimated bid quantities, the total bid cost for the project was $78,400. On January 18, 2005, the Contractor commenced the work. 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 decreased per the each bid unit price in the total amount of $5,860. The adjusted quantities _(highlighted) are further detailed in the attached Contract Final Balance Change Order. On February 15, 2005, the Contractor completed the work in the field. The contract completion time was 30 working days. The Contractor completed the work within the contract duration. On February 18, 2005, a final inspection was conducted and the work was found to be in accordance with the approved plans and specifications. The contractor has recently submitted the final contract documents for the project closure. The purpose of the Contract Final Balance Change Order is to finalize the contract quantities and construction completion time, and to address the adjusted work for acceptance of the project completion. The total final contract amount for the construction is $72,540. RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FINAL CONTRACT BALANCE CHANGE ORDER WITH THE FINAL AMOUNT OF $72, 540, ACCEPTING THE WORK FROM PORTILLO CONCRETE, INC., AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS INCLUDING CURBS, GUTTERS, SIDEWALKS, AND PEDESTRIAN RAMPS AT VARIOUS LOCATIONS (Engineering Specification No. 04-7) 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 PORTILLO CONCRETE, INC., Engineering Department Specification No. 04-7, for miscellaneous concrete improvements, including curbs, gutters, sidewalks, and pedestrian ramps at various locations 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 the Final Contract Balance Change Order, which reduces the cost of the contract from $78,400 to $72,540, is hereby approved. PASSED and ADOPTED this 19th day of April, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FINAL CONTRACT BALANCE Page 1 of 2 CHANGE ORDER SHEET MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7 PROJECT NO. 6134 AND 3137 COMPLETION DATE: 4/19/05 FINAL INSPECTION DATE: 2/18/05 BID ITEM NO ITEM QUAN- TITY UNIT UNIT PRICE ORIGINAL. AMOUNT FINAL QTY FINAL AMOUNT 1. Clearing and Grubbing 1 LS $5,000.00 $5,000.00 100% $5,000.00 2. Concrete Sidewalk Removal and Replacement per G-7 220 SF $10.00 $2,200.00 230 $2,300.00 3. Installation of Pedestrian Ramp Per G-28, Type A-1 or Modified 11 EA $1,500.00 $16,500.00 12 $18,000.00 4. Installation of Pedestrian Ramp Per G-29, Modified 4 EA $1,500.00 $6,000.00 3 $4,500.00 5. Installation Ped. Ramp Per G-29, or Modified & Bigger 1 EA $4,400.00 $4,400.00 1 $4,400.00 6. Installation Ped. Ramp Per G-31 or Modified (with curb or gravity wall on PL) 10 EA $1,500.00 $15,000.00 10 $15,000.00 7. 6" or 8" Type "G" Curb & Gutter Removal & Replace- Ment per G-2 20 LF $ 50.00 $1,000.00 0 $ - 8. Variable Thickness AC. 44 TN $100.00 $4,400.00 40 $4,000.00 9. Traffic Control 1 LS $4,500.00 $4,500.00 100% $4,500.00 10. Install new Sidewalk per G-7 2300 SF $8.00 $18,400.00 1730 $13,840.00 11. Crushed Misc. Base 10 TN $100.00 $1,000.00 10 $ 1,000.00 T TOTAL $78,400.00 $72,540.00 FINAL CONTRACT BALANCE Page 2 of 2 CHANGE ORDER SHEET MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS SPECIFICATION NO. 04-7. PROJECT NO. 6134 AND 6137 FINAL INSPECTION DATE:2/18/05 COMPLETION DATE: 4/19/05 The total contract price for the bid to date is $78,400.00. The total time provided for completion in the contract is 30 working days. The work was completed within 30 working days. The Contractor accepts this Final Contract Balance Change Order as full compensation for the work. Recommened for Approval by: daati y/9/61- Din Daneshfar, City Projec4"Manager Date Approved by: C Mario Portillo President/CEO Date Stephen M. Kirpa rick - Date 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 April 19, 2005, of the MISCELLANEOUS CONCRETE IMP>QOVEMENTS AT VARIOUS LO • I ' ECIFICATION NO 04-7 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Various Locations National City, CA91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: City of National City 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 PORTILLO CONCRETE, INC. Name of Original Contractor The following work and material were supplied. Foreman, AC (finisher), Saw -Cutter, Operator and Laborers, Equipment: 1 Ttility Trucks, Asphalt, Grinder, Paver, Truck, and Broom General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: _NLA Dated: April 19, 2005; Joint tenants, tenants in common, or other owners Signature of Owner Nick Inzunza, Mayor 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 April 19, 2005, at National City, California. Signature: NICK INZUNZA, MAYOR FORMS/N00097-10 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 19, 2004 ITEM TITLE Resolution of the City of National City approving the deferral of Ordinance No. 1491 and granting of "Covenant Running with the Land" to property owner at 619 E. 16th Street, National City. AGENDA ITEM NO. 10 PREPARED BY Mauro Nebreja DEPARTMENT Engineering EXT. 4380 EXPLANATION Lydia Gonzales, owner of the property at 619 E. 16th Street, applied for a building permit. The property is served by a dirt alley and requires the construction of 1,300 square feet of Portland cement concrete per City Ordinance No. 1491. The owners have requested a deferral of said ordinance because of the following: 1) The City has not done a preliminary survey or design of the alley. 2) Construction of a portion of the alley might not meet the future requirements when the final design comes in, such as flow line elevations and centerline. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approved the "Covenant Running with the Land". BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Signed and notarized "Covenant Running with the Land". 3. Exhibit "B" map showing the property 2. Exhibit "A" showing the dirt alley that needs the 4. Receipt of S441.00 deferral fee construction of 1,300 square feet of Portland cement concrete. A-200 (Rev. 7/03) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A DEFERRAL OF ORDINANCE NO. 1491, AND GRANTING A COVENANT RUNNING WITH THE LAND TO THE PROPERTY OWNERS AT 619 EAST 16TH STREET WHEREAS, the property owners at 619 East 16th Street have applied to the City for a building permit for construction on their property which will require the construction of 1,300 square feet of Portland cement concrete of the alley section adjacent to their property pursuant to National City Municipal Code ("NCMC") Section 13.22.060; and WHEREAS, the property owners have requested and qualify for a deferral from said requirements as provided for in NCMC Section 13.22.090; and WHEREAS, the property owners have paid a deferral fee and executed a Covenant Running with the Land as required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the deferral of the Municipal Code requirements and a Covenant Running with the Land for the property located at619 East 16th Street. PASSED and ADOPTED this 19th day of April, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of National City Engineering Department 1243 National City Blvd. National City, Ca 91950 7HIS SPACE FOR RECORDERS USE ONLY COVENANT RUNNING WITH THE LAND (Please fill in document title(s) on the this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) J COVENANT RUNNING WITH THE LAND This COVENANT is made by Lydia Gonzalez hereinafter referred to as "OWNER". WHEREAS OWNER is the owner of that certain real property located in the City of National City, County of San Diego, State of California, described as follows: The Easterly 39 feet of Lots 7, 8, 9, and 10 in Block 3 of Subdivision of the West Half of the East Half of Ten Acre Lot 9. Quarter Section 154, Rancho de la Nacion. WHEREAS, said owner desires to be excused from the legal requirements to install the following improvements: Construction of 1,300 square feet of alley section adjacent to the property. NOW. THEREFORE, in consideration for the granting of a deferral to install said improvements by the City Council of the City of National City, said owner covenants for herself and her heirs, successors, assigns, executors and administrators as follows: 1. The owner will not protest the installation of any of the required improvements under 1913- 1915 Improvement Act Program, whether initiated by the property owners or the City. 2. The owner will install said improvements in conjunction with an overall improvement program of the area, whether initiated by the property owners or the City. 3. The owner will install the required improvements within 30 (Thirty) days of a written demand to do so by the City Engineer. Date: March 28, 2005 Engineering Department No. SA:jha2 By: Mauro Nebreja CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Ormii- /?< Date personally appeared Name and Tille of Officer (e.g., "Jane Doe, Notary Publ .c)47/, /p,'2_,,A).LL Name(s) of Signer(s) ❑ pe onally known to me ILlroved to me on the basis of satisfactory evidence JORGE A , TORRES Commission* 1342192 NOW,/ Public - Calibrate San Diego County My Comm. Expires Feb 2,. 2t to be the person whose name(sj' is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(*] on the instrument the person(), or the entity upon behalf of which the person(,g) acted, executed the instrument. WITNESS my hand and official seal. d/26e y9 . roz2 Signature of No ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: Signer Is Representing: RIGHT TH OF S N!IMPRINT GNER Top of thumb here © 1999 National Notary Association • 9350 De Solo Ave.. P.O. Box 2492 • Chatsworth. CA 91313-2402 • www.nalionalnolary.org Prod. No. 5907 Reorder'. Call Toll -Free 1.600-376-6827 ALLF'( IiIrE IPiLAQM•• 1• {• 1a ro rr o♦ I6TH 0.10A I4TH } 3 a ST OP 405.04 ':A ST OP a„n y+ :,..- PO R 1t . f 5TH ST ,0 .sr atm N , PAR 1 ® : O PAR a • r.N,rs Nfi•g4•a>•rPM4621� ST N.,011.11-G nJ"'" •9 LOT 10 a...a 1K.Z. J7He�•/a'.a OSEC sr 154 if ++ IF 1. /t A CD 6/9 E. /ro'`* Street a Ale @ POR. CED a ST /La>a Y>1� ]LOT 9 4 /H s CID 110 'INE COR IOT,0 1I s 151H ST J 0 t 1e EXHIBIT- 8 TRANSMITTAL FROM ENG1NEE'RING DEPARTMENT Date: 3/2 B/os AMOUNT: $ 14! 00 Name of business or person paying: Jd(_ .) (071Zttil 1 Project Name: � c A-d,etf , ci.cc ,taf9r,c Project Address•. 60 it • /6' 1115 C Purpose: Engineering Staff Name: M • //c.brj4J I rra l fe.e, ,- & ,s-o /u� pill NL.V\JV.a• X ••w••c •v $ • r r. . ... ACCOUNT # DESCRIPTION CODE - — ACCT #o ..0r) # 001-3585-21000 Miscellaneous Revenue N/A N/A # 001-3147-21000 Miscellaneous Permits & Aooeals " N/A N/A # 001-3547-21000 Storm Water Mamt (NPDESI NIA N/A # 125-3610-27'72 sewers Fee N/A N/A * N/A N/A # 726-1141 Trust & Aaencv I Performance Cash Deposit I PCD . 3000-3999 Plan Check &/or Inspection PC/INSP I 4000-4999 Street Imorovement Deposit I S10 6000-6999 I Statement of Understanding I SOU 7000-7900 _ FOR FINANCE STAFF ONLY T A Account Number. Receipt Number: & Finance Staff Initials: Date: National City 2 / 10462 03/28/2005 11:27:58 Reg CASH1 Validation Receipt CHARGES- 001-21000-3585 GF2135 deferral fee 4 res$ 441.00 Sub -total $********441.00 PAYMENT - Check - gonzalez, lydia $ 441.00 Change $**********0.00 " • ,Vve, • . Apr 12 05 10:56a National City Purchasing 619 336 4597 p.1 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 19, 2005 AGENDA ITEM NO. 11 %,MEM TITLE A Resolution of the City of National City authorizing the Director of Public Works and Special Projects to amend the Mutual Aid Agreement with several San Diego County Public Wastewater Agencies to provide assistance during a wastewater emergency for the purpose of deleting the City of Chula Vista (at their request) PREPARED BY Joe Smith DEPARTMENT Public Works EXT. 4580 EXPLANATION On October 7, 2003, National City adopted Resolution No. 2003-143 authorizing the Director of Public Works to enter into an agreement with San Diego County Public Wastewater Agencies to provide mutual aid assistance should National City be faced with a wastewater emergency beyond the capability of our immediate personnel, equipment or supplies and where such assistance would be helpful in resolving such emergency in a timely manner. This Mutal Aid Agreement provides a useful tool in the event of a sewer emergency. This Mutual Aid Agreement was developed through and approved by the Metro Wastewater Joint Powers Authority. It outlines the general nature of how the assistance will be provided. This Agreement will help to provide for a coordinated effort by trained personnel, so that all necessary actions can be taken to help facilitate a timely and technically correct response to any wastewater emergency, In October 2004, the City of Chula Vista opted not to participate in this Mutual Aid Agreement. Therefore their name was eliminated from the orginal document, changing the Agreement and creating the need to approve and sign a supplemental Mutual Aid Agreement. X Environmental Review N/A MIS Approval r Financial Statement Approved By: Should emergency assistance be given to National City by a participating agency, Finance Director that agency may seek compensation from National City for personnel and equipment costs. Any costs will be paid from the Wastewater's approved budget. Schedule of equipmentAccount No. rrntas arp outlined in Pxhihit One 1 STAFF RECOMMENDATION Authorize the Director of Public Works and Special Projects to enter into this Supplemental Agreement. .13QAIRDJCQ! SSKtNRECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Mutual Aid Agreement A.200 (Rev. 7/03) RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE DIRECTOR OF PUBLIC WORKS AND SPECIAL PROJECTS TO ENTER INTO A SUPPLEMENTAL MUTUAL AID AGREEMENT WITH SEVERAL SAN DIEGO COUNTY PUBLIC WASTEWATER AGENCIES TO PROVIDE ASSISTANCE DURING A WASTEWATER EMERGENCY WHEREAS, on October 7, 2003, the City Council adopted Resolution No. 2003-143 authorizing the Director of Public Works to enter into a Mutual Aid Agreement with San Diego County Public Wastewater Agencies to provide mutual aid assistance should National City be faced with a wastewater emergency beyond the capability of its immediate personnel, equipment or supplies, and where such assistance would be helpful in resolving such emergency in a timely manner; and WHEREAS, the Mutual Aid Agreement was developed through and approved by the Metro Wastewater Joint Powers Authority, and outlines the general nature of how the assistance will be provided; and WHEREAS, this Mutual Aid Agreement will help to provide for a coordinated effort by trained personnel so that all necessary actions can be taken to help facilitate a timely and technically correct response to any wastewater emergency; and WHEREAS, in October 2004, the City of Chula Vista opted out of the Mutual Aid Agreement, which changed the Agreement and created the need to approve and sign a supplemental Mutual Aid Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Director of Public Works and Special Projects to enter into a supplemental Mutual Aid Agreement with several San Diego County Public Wastewater Agencies to provide assistance during a wastewater emergency. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of April, 2005. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney San Diego County Public Wastewater Agencies Mutual Aid Agreement THIS AGREEMENT is made and entered into as of July 1, 2003 by and among the Cities of Coronado, Del Mar, El Cajon, Escondido, Imperial Beach, La Mesa„ National City, Poway, San Diego, the County of San Diego, The Lemon Grove Sanitation District, the Otay Water District, and the Padre Dam Municipal Water District, each of said public agencies being a "Party" and all said public agencies being herein referred to collectively as "the Parties." WHEREAS, the Parties intend to share designated services and resources which each has available to complete routine business and to assist in the event of emergencies; and WHEREAS, the purpose of this Agreement is to memorialize the Parties' understanding specifying the designated services and equipment, which the agencies are agreeing to share, and to provide the terms and conditions pursuant to which the service and equipment will be shared; and WHEREAS, some of the Parties may have previously entered into an emergency mutual aid agreement with one or more of the other Parties, in which event the prior emergency mutual aid agreement shall be controlling for all purposes; NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties hereby agree as follows: ARTICLE I - DEFINITION OF EMERGENCY AND REQUEST FOR ASSISTANCE. A wastewater emergency is a major infrastructure equipment or process failure or supply shortage or other plant disruption that is, or is likely to be, beyond the capability of the immediately available services, personnel, equipment, supplies and facilities of the Party requesting assistance. Hereinafter, the Party rendering assistance is referred to as LENDER, and the Party receiving assistance is referred to as BORROWER. ARTICLE II - GENERAL NATURE OF ASSISTANCE. Assistance will generally be in the form of resources such as equipment, supplies, and personnel. Assistance shall be given to the extent LENDER determines that its own needs can continue to be met. A potential LENDER shall not be held liable for failing to provide assistance. A potential LENDER has the absolute discretion to decline to provide any requested assistance. Resources are to be made available on a loan basis, with repayment terms, to be agreed upon, varying with the type of resource. Each Party agrees to provide up-to-date information on an annual basis of its resources that may be available for assistance. In the event that the LENDER and the BORROWER have in place a separate mutual aid agreement, governing the conduct of those parties, the separate mutual aid agreement shall govern and control the conduct of the LENDER and the BORROWER in making a request for emergency assistance and providing a response to such a request. ARTICLE III — REQUESTS FOR ASSISTANCE. Requests for emergency assistance under this agreement shall be directed to the Department Head or designated representative of the appropriate department of LENDER. ARTICLE IV - LOANS OF EQUIPMENT. Use of equipment such as service equipment, construction equipment, pumps, or maintenance trucks shall be subject to the following conditions: a) Upon receipt of a request identified in Article III above, the LENDER shall prepare a document describing the items being loaned. The BORROWER shall execute an acknowledgement of receipt of the equipment or services upon delivery or performance. b) At the option of the LENDER, loaned equipment may be loaned with an operator. c) Loaned equipment shall be returned immediately to LENDER when the LENDER requests it or when an emergency is over, whichever is sooner. d) BORROWER shall, at its own expense, supply all fuel, lubrication, and maintenance for all loaned equipment. Documentation and maintenance records shall be provided for the LENDER, if requested, with the returned equipment. e) LENDER' s costs related to the transportation, handling and loading/unloading of equipment shall be chargeable costs to BORROWER. 2_ f) Loaned equipment if damaged or lost by BORROWER shall be repaired or replaced as soon as possible by BORROWER to the satisfaction of the LENDER, excepting wear and tear in the normal course of use of the equipment. The cost of repairs shall be the responsibility of the BORROWER causing the damage. g) A return receipt shall be executed by the LENDER upon return of any items, equipment, supplies or personnel to the BORROWER, acknowledging the return of the equipment, supplies or personnel, and noting any damage or injury thereto, or loss thereof. ARTICLE V — PERSONNEL. LENDER may make available to BORROWER such employees as are willing to participate and have the necessary skills. An employee "borrowed" pursuant to this agreement shall, to the extent possible, work under the supervision of his/her own employer, who shall remain liable for any Worker's Compensation award. Personnel of the LENDER operating loaned equipment shall be considered "borrowed" personnel. ARTICLE VI — COMPENSATION. BORROWER shall compensate the LENDER for the equipment utilized as set forth in the latest version of the Rate Schedule included herein as Exhibit 1, which may be amended from time to time by substituting a subsequently dated Exhibit. Following the return of the equipment to the LENDER a statement of use shall be prepared by the BORROWER and submitted to the appropriate Department Head of the LENDER. BORROWER shall reimburse LENDER in kind or at actual replacement costs plus handling charges, at the LENDER's option, for use of expendable or non -returnable supplies such as chemicals or pipes cut to size. For any Emergency Request event occurring under this Agreement, no LENDER shall lend personnel, equipment, or supplies to a BORROWER which cumulatively exceeds an estimated worth of $500,000. Other supplies and reusable items such as valves or fittings that are returned to LENDER in a clean, damage -free condition shall not be charged to the BORROWER and no rental fee will be charged; otherwise, they shall be treated as expendable supplies. Cost to feed and house loaned personnel, if necessary, shall be chargeable to and paid by the BORROWER. Labor costs shall be equal to the LENDER employee's current salary or appropriate hourly wage (including overtime, if applicable) plus fringe benefits and overhead. Should the LENDER require the use of the equipment or services which it has provided to the BORROWER during the period of use, and if BORROWER is unable or unwilling to return the equipment or services, then the LENDER shall be reimbursed by the BORROWER for costs incurred by the LENDER to rent or lease replacement equipment. The LENDER shall prepare and send an invoice to the BORROWER and payment shall be made by the BORROWER within 30 days of receipt of the invoice. ARTICLE VII - INDEMNIFICATION. Each Party and their respective elected and appointed officials, officers, agents and employees (when acting as a BORROWER) hereby agrees to defend, indemnify and hold the other Parties, and their respective elected and appointed officials, officers, agents and employees (when acting in the capacity of LENDER to the BORROWER) harmless from any and all claims, demands, causes of action, damages, costs and expenses, including attorneys' fees, property damage, bodily injury, personal injury, losses or liabilities, in law or in equity, of every kind and nature, due to any case whatsoever arising out of, or in any manner directly or indirectly connected with its use of the LENDER's equipment and services provided for in this Agreement which is not the result of or caused by the negligence, omission or intentional misconduct of the LENDER, or its elected or appointed officials, officers, agents or employees. ARTICLE VIII - MODIFICATIONS AND OTHER PROVISIONS. Any provision of this Agreement may be modified, altered or rescinded by mutual written agreement of all the parties, attached to and incorporated in this Agreement. This Agreement is not transferable or assignable, in whole or in part, and is subject to cancellation at any time by any party upon written notice delivered or mailed to each of the other parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first herein above written by their respective officer thereunto duly authorized. This Agreement is being executed in counterparts. This Agreement shall become operative as soon as one counterpart hereof has been executed by each party. The counterparts so executed shall constitute one Agreement notwithstanding that the signatures of all parties do not appear on the same page. Dated: Agency:. City of National City By Signature Title 5 Schedule of Equipment Rates EXHIBIT ONE SCHEDULE OF EQUIPMENT RATES Cost Code Equipment 8010 Air Compressor 8011 Air Compressor 8012 Air Compressor 8013 Air Compressor 8014 Air Compressor 8015 Air Compressor 8016 Air Compressor 8020 Air Curtain Burner 8021 Air Curtain Burner 8022 Air Curtain Burner 8023 Air Curtain Burner 8024 Air Curtain Burner 8025 Air Curtain Burner 8040 Ambulance 8041 Ambulance 8060 Auger, Portable Capacitj 125 250 450 600 750 900 1200 In Gro In Gro In Gro' Above Gi Above Gi Above Gi 12 I 8070 Automobile 8071 Automobile, Police 8072 Automobile, Police 8810 Backhoe, Small 8820 Backhoe, Large 8110 Barge, Deck 8111 Barge, Deck 8120 Barge, Hopper 8050 Board, Arrow, Trailer 8051 Board, Message, Trailer 8131 Boat See Loader - See Hydrauli 7.25'x30') 7'x45'xl 12'x35'x: 5'x 13 8830 Boat 8831 Boat 8832 Boat 8833 Boat 8834 Boat 8840 Boat, Air, 8841 Boat, Air 8842 Boat, Air 8133 Boat, Push 8134 Boat, Push 8130 Boat, Row 8132 Boat, Tender 8140 Boat, Tug 8141 Boat, Tug 8142 Boat, Tug 16'x45' 21'x54' 7'x 14' 16 Ft 18 Ft 26 Ft I/ Size HP Assumption Unit Hourly Rate '.fm to 65 Hoses are included. hour ;fm to 95 Hoses are included. hour $5.60 ;fm to 150 Hoses are included. hour $9.25 ;fm to 200 Hoses are included. hour $15.50 ;fm to 240 Hoses are included. hour $20.00 ;fm to 260 Hoses are included. hour $25.50 Cfm to 325 Hoses are included. hour $29.00 and to 30 In ground burner. hour $41.00 and to 60 In ground burner. hour $4.80 and to 90 In ground burner. hour $7.40 ,ound to 30 Above ground burner. hour $9.75 'ound to 60 Above ground burner. hour $5.80 'ound to 90 Above ground burner. hour $8.25 to 150 hour $10.75 to 210 hour $13.75 1 to 5 hour $21.00 to 130 Mileage rate when transporting people. $0.70 to 250 This is a mileage rate. mile $0.30 to 250 Vehicle in a fixed position with the engine running and/or the warning lights flashing. mile hour $0.35 3ackhoe $8.50 c Excay. :120' hour 20' hour $19.00 i95' This is an open barge. hour $28.50 to 8 hour $31.00 to 5 hour $1.50 to 50 Includes outboards. $5.10 to 100 Includes outboards and inboards. hour $7.20 to 150 inboards. Includes outboards and hour $17.00 Includes outboards and hour $22.00 t to 200 inboards. hour $27.00 Includes t inboards. hour $33.00 Includes outboards and t to 300 inboards. hour $38.00 to 100 hour $12.00 to 200 hour $18.00 t to 300 hour $28.00 to 435 t to 525 hour hour $76.00 $103.00 This includes the oars. hour $0.55 t to 75 hour $13.50 t to 100 hour $16.50 t to 175 hour $26.00 to 250 hour $33.00 Schedule of Equipment Rates Cost Code 8143 8420 8421 8150 8151 8170 8171 8160 8180 Equipment Boat, Tug Breaker, Pavement Breaker, Pavement Broom, Pavement Broom, Pavement Broom, Pavement, Mtd Broom, Pavement, Mtd Broom, Pavement, Pull Bus Capacity/ Size HP 40 Ft to 380 72 In 84 In 72 In 72 In 84 In 8181 8182 Bus Bus 8190 8200 8201 8202 8203 8204 8205 8206 8207 8210 8211 8220 8221 8222 8223 8224 8225 8226 8227 8228 Chain Saw Chipper 8230 8231 Chipper 8232 Chipper Chipper 8233 Chipper 8250 8251 Chipper Chipper Chipper 8252 Clamshell & Dragline Clamshell & Dragline 8253 8254 8261 Compactor Compactor Compactor Compactor Compactor Compactor Compactor Compactor Compactor, Towed Crane, Lifting Crane, Lifting Crane, Lifting Crane, Lifting Dozer, Crawler Dozer, Crawler Dozer, Crawler Dozer, Crawler Dozer, Crawler 8262 8263 8280 8281 8282 8283 Dozer, Wheel Dozer, Wheel Dozer, Wheel Excavator, Hydraulic Excavator, Hydraulic Excavator, Hydraulic Excavator, Hydraulic 25 In 7 In 12 In 12 In 12 In 18 In 19 In 19 In Drum 8 Tons 16 Tons 32 Tons 55 Tons 0.5 CY 1.0 CY 1.5 CY 2.0 CY to 80 Assumption to 137 to 32 to 90 to 18 to 150 to 210 to 300 to 30 to 65 to 125 to 171 to 250 to 350 to 475 to 650 to 128 to 250 to 10 to 50 to 80 to 110 to 150 to 186 to 210 to 318 to 80 to 150 to 210 to 325 to 70 _ to115_ to 160 to 240 to 310 See 8260 for small wheel to 210 tractors/dozers. to 310 to 454 Includes truck, crawler and wheel mtd eqmt. Includes truck, crawler and wheel mtd eqmt. Includes truck, crawler and wheel mtd eqmt. Includes truck, crawler and wheel mtd eqmt. Includes hand held and manually operated equipment. Hourly I Unit Rate hour $81.0. hour $15.00 hour $31.00 hour $6.20 hour $9.75 hour $1.60 hour $2.50 hour $3.30 hour $9.50 hour $14.75 hour $20.00 hour $2.40 hour $5.90 hour $8.00 hour $12.00 hour $14.50 hour $24.50 hour $59.00 hour $63.00 hour $87.00 hour $67.00 hour $74.00 hour $3.' hour $6.8., hour $11.25 hour $15.50 hour $21.00 hour $25.50 hour $42.00 hour $70.00 Rate is for each drum. hour $1.00 hour $14.50 hour $36.00 hour $55.00 hour $81.00 hour $16.50 hour $21.50 hour $31.00 hour $40.00 hour $70.00 hour $38.00 hour $55.00 hour $89.00 hour $29.00 hour $34 hour $44.00 hour $57.00 Schedule of Equipment Rates Cost Code 8384 8385 8540 8541 8542 8390 8391 8392 8393 8394 8395 8396 8397 8570 8571 8572 8410 8411 8400 8401 8632 8430 8431 8432 8433 8434 8450 8440 8470 8471 8472 8473 8474 8475 8476 8463 8460 8461 8462 8510 8511 8512 8520 Equipment Loader, Crawler Loader, Crawler Loader, Skid Loader, Skid Loader, Skid Loader, Wheel Loader, Wheel Loader, Wheel Loader, Wheel Loader, Wheel Loader, Wheel Loader, Wheel Loader, Wheel Capacity/ Size HP 2.5 CY 3.0 CY 1000 Lbs 2000 Lbs 4000 Lbs 0.75 CY 1.0 CY 1.5 CY to 150 to 170 to 27 to 73 to 94 to 63 to 74 to 75 Assumption Loader-Backhoe, Wheel Loader-Backhoe, Wheel Loader-Backhoe, Wheel Mixer, Concrete, Port Mixer, Concrete, Port Mixer, Trailer Mounted Mixer, Trailer Mounted Mulcher, Trailer Mtd Paver, Asphalt Paver, Asphalt Paver, Asphalt Paver, Asphalt Paver, Asphalt Plow, Grader Mtd Plow, Truck Mtd Pump Pump Pump Pump Pump Pump Pump Pump Extender Pump, W/O Power Pump, W/O Power Pump, W/O Power Saw, Concrete Saw, Concrete Saw, Concrete Scraper 2.0 CY 2.5 CY 3.0 CY 3.5 CY 4.0 CY 1.03 CY 1.5 CY 1.75 CY 6 CF 12 CF 6 CF 16 CF 8 Ft 8 Ft 10 Ft 10 Ft 10 Ft 10.5 Ft 2 In 3 In 4 In 6 In 8 In 10 In 12 In 20 Ft 6In 12 In 24 In 14 In 26 In 36 In 11 CY to 115 to 144 to 160 to 196 to 248 to 74 to 95 to 115 to 7 to 9 to 18 to 25 to 35 to 35 to 71 to 130 to 200 to 234 to 8 to 12 to 30 to 60 to 70 to 85 to 90 to 20 to 35 to 65 to 180 Capacity is the loader bucket and not the backhoe bucket. Capacity is the loader bucket and not the backhoe bucket. Capacity is the loader bucket and not the backhoe bucket. Includes wheel and crawler equipment. Includes wheel and crawler equipment. Included wheel and crawler equipment. Includes wheel and crawler equipment. Includes wheel and crawler equipment. Extender for a Pump W/O Power Unit hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour Hourly Rate $35.00 $40.00 $4.90 $ 7.40 $15.50 $7.30 $9.75 $15.00 $18.00 $20.50 $25.00 $29.50 $36.00 $10.00 $14.50 $19.00 $1.50 $2.10 $3.80 $7.50 $4.80 $8.50 $19.50 $49.00 $65.00 $80.00 $6.90 $3.60 $2.10 $2.80 $6.00 $8.50 $12.75 $15.00 $17.50 $0.80 $1.50 $2.00 $4.70 $2.40 $5.70 $9.25 $47.00 Schedule of Equipment Rates Equipment Capacity/ Size HP Assumption Unit Hourly I Rate Cost Code 8284 Excavator, Hydraulic 2.5 CY Includes truck, crawler and wheel mtd egmt. hour $73.00 8300 Fork Lift 4000 Lbs to 50 hour $4.50 8301 Fork Lift 11000 Lbs to 100 hour $8.25 8310 Generator 5 KW to 11 hour $1.20 8311 Generator 15 KW to 30 hour $3.00 8312 Generator 40 KW to 57 hour $6.00 8313 Generator 65 KW to 92 hour $10.25 8314 Generator 110 KW to 160 hour $15.50 8315 Generator 125 KW to 200 hour $22.00 8316 Generator 270 KW to 390 hour $26.50 8317 Generator 400 KW to 570 hour $38.00$3.00 8318 Generator 500 KW to 715 hour 8319 Generator 750 KW to 1050 hour $75.00 8320 Golf Cart 2 Person hour $1.80 8330 Grader 10' Blade to 100 Includes rigid and articulated equipment. hour $15.00 8331 Grader 12' Blade to 140 Includes rigid and articulated equipment. hour $25.00 8332 Grader 12' Blade to 200 Includes rigid and articulated equipment. hour $31.00 8350 Hose 3 In Discharge hoses for pumps. Suction hoses are included with pumps. hour $0.0` ___ a In Discharge hoses for pumps. Suction hoses are included with pumps. hour $0.10 8352 8353 8354 8355 8360 8370 8380 8381 8382 Hose Hose Hose 6 In 8 In 12 In Discharge hoses for pumps. Suction hoses are included with pumps. Discharge hoses for pumps. Suction hoses are included with pumps. Discharge hoses for pumps. Suction hoses are included with pumps. Hose Jackhammer Lift, Scissor Loader, Crawler Loader, Crawler Loader, Crawler 16 In 1500 Lbs 0.5 CY 1.0 CY 1.5 CY 2.0 CY to 20 to 32 to 70 to 90 to 120 Discharge hoses for pumps.. Suction hoses are included with pumps. hour $0.15 hour hour $0.20 $0.35 Hoses between air compressor and jackhammer are included in rate of air compressor. hour hour hour hour hour hour hour $0.75 $0.t $4.7u $7.75 $14.00 $17.50 $26.00 8383 Loader, Crawler Schedule of Equipment Rates Cost Code 8521 8522 8560 8561 8562 8550 8551 8552 8553 8554 8630 8631 8423 8424 8425 8426 8427 8428 8429 8260 8580 8590 8591 8600 8601 8602 8640 8641 8610 8611 8612 8613 8650 8651 8652 8653 8290 8710 8711 8712 8713 8680 8681 8720 8721 8722 8723 8690 8691 8692 8700 8701 8702 8730 8731 Scraper Scraper Equipment Capacity/ Size HP Snow Blower Snow Blower Snow Blower 21 CY 31 CY to 330 to 450 to 472 Assumption to 500 Snow Blower, Trk Mtd Snow Blower, Trk Mtd Snow Blower, Trk Mtd Snow Blower, Trk Mtd Snow Blower, Trk Mtd Sprayer, Seed, Trailer Sprayer, Seed, Trailer Spreader, Chip Spreader, Chip Spreader, Chip, Mtd Stripper Sweeper, Pavement Sweeper, Pavement Sweeper, Pavement Tractor, Wheel Trailer, Asphalt Dist Trailer, Dump Trailer, Dump Trailer, Equipment Trailer, Equipment Trailer, Equipment Trailer, Office Trailer, Office Trailer, Water Trailer, Water Trailer, Water Trailer, Water Trencher Trencher Trencher Trencher Trowel, Concrete Truck, Bucket Truck, Bucket Truck, Cleaning Truck, Cleaning Truck, Concrete Truck, Concrete Truck, Dump Truck, Dump Truck, Dump Truck, Dump Truck, Fire Truck, Fire Truck, Fire Truck, Flatbed Truck, Flatbed Truck, b a Truck, Garbage Truck, Garbage to 600 500 Gal 1000 Gal 12.5 Ft 14.5 Ft 8 Ft 12 Gal to 30 to 66 to 200 to 340 to 400 to 20 to 35 to 152 to 210 to 7 to 10 to 109 to 160 to 190 to 87 1000 Gal 18 CY 24 CY 20 Tons 40 Tons 50 Tons 8'x24' 8'x32' 3000 Gal 6000 Gal 9000 Gal 12000 Gal 46 In 30 Ft 60 Ft 5 CY 14 CY 8 CY 12 CY 8 CY 10 CY 12 CY 18 CY 6000 Lbs 15000 Lbs 25000 Lbs 25 CY 32 CY to 35. to 85 to 115 to 175 to 8 to 150 to 210 to 150 to 210 to 235 to 285 to 180 to 235 to 255 to 325 to 200 to 300 to 400 to •140 to 210 to 210 to 255 to 325 Based on a daily rate. Based on a daily rate. Unit hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour day day hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour Hourly Rate $70.00 $102.00 $56.00 $60.00 $68.00 $7.10 $12.75 $21.00 $31.00 $34.00 $4.80 $7.50 $26.00 $26.50 $1.20 $1.40 $22.00 $29.00 $35.00 $6.60 $6.20 $6.60 $10.25 $3.20 $7.50 $8.50 $10.75 $12.75 $10.00 $12.75 $14.75 $16.50 $3.80 $15.50 $31.00 $49.00 $1.40 $12.50 $26.00 $19.00 $28.50 $39.00 $43.00 $14.25 $22.00 $26.00 $32.00 $24.50 $35.00 $45.00 $8.75 $11.25 $13.75 $26.00 $32.00 Schedule of Equipment Rates Cost Code 8714 8715 8803 8800 Equipment Truck, Line Truck, Line Capacity/ Size HP to 150 to 210 Assumption Unit hour hour Hourly I Rate $26.0. $31.00 Truck, Pick up Truck, Pick-up 8801 8802 Truck, Pick-up Truck, Pick-up 8790 Truck, Tractor 0.50 Ton 0.50 Ton 0.75 Ton 1.00 Ton 30000 Lbs 8791 Truck, Tractor 35000 Lbs 8792 Truck, Tractor 50000 Lbs 8780 Truck, Water 2000 Gal 8781 8620 Truck, Water Tub. Grinder 3500 Gal 8621 Tub Grinder 8622 Tub Grinder 8623 8624 8625 Tub Grinder Tub Grinder Tub Grinder 8321 8750 Vehicle, Recreational Vehicle, Small 8761 8770 8771 8772 Vibrator, Concrete Welder Welder Welder 200 Amp 300 Amp 400 Amp to 130 to 130 to 130 to 180 to 210 to 265 to 310 to 175 to 250 to 425 to 450 to 550 to 650 to 800 Mileage rate for transporting people. If vehicle was for hauling, etc. use hourly rate. to 1000 to 10 to 30 to 8 to 16 to 34 to 50 Rate can be used for utility vehicles. mile hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour $0.30 $5.60 $6.30 $7.50 $18.50 $23.50 $26.00 $16.00 $19.00 $46.00 $63.00 $81.00 $102.00 $129.00 $147.00 $1.80 $3.40 $1.20 $1.S $3.9u $5.60 .4EETING DATE April 19, 2005 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 12 (-ITEM TITLE Resolution Approving a Tentative Subdivision Map and Conditional Use Permit for Seven Condominium Units on the South Side of 16t'' Street, Approximately 200 Feet West of Rachael Avenue (Applicant: Augie Bareno, ABCO Consultants) (Case file No.: S-2004-11/CUP-2004-21) PREPARED BY DEPARTMENT Angela Reeder 336-4310 Planning EXPLANATION The City Council voted to approve this item at the April 5, 2005 public hearing. The attached resolution is needed to follow through on the action. CEnvironmental Review (-Financial Statement N/A N/A Categorical Exemption Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR SEVEN CONDOMINIUM UNITS ON THE SOUTH SIDE OF 16TH STREET, APPROXIMATELY 200 FEET WEST OF RACHAEL AVENUE APPLICANT: AUGIE BARENO, ABCO CONSULTANTS CASE FILE NO. S-2004-11, CUP-2004-21 WHEREAS, application was made for approval of a tentative subdivision map for seven condominium units on the south side of 16th Street, approximately 200 feet west of Rachael Avenue on property generally described as: Lot 222 of Lincoln Acres in the City of National City, County of San Diego, State of California, according to Map thereof No. 1748, filed in the Office of the County Recorder of San Diego County WHEREAS, the Planning Commission of the City of National City, California, considered said application at public hearings held on February 7, and continued to the meeting of March 7, 2005, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on April 5, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2004-11 and CUP-2004-21 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves the tentative subdivision map and conditional use permit for seven condominium units on the south side of 16th Street, approximately 200 feet west of Rachael Avenue, based on the following findings: Resolution 2005 — April 19, 2005 Page 2 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since seven new homeownership opportunities will be created on an underutilized commercial property. Additionally, the portion of the proposed project within the CL zone has a density of 17.8 units/acre, which is consistent with the residential use and density of 22.9 units/acre allowed in the Limited Commercial zone; and the remaining portion of the proposed project within the RS-3-PD zone has a density of 13.4 units/acre, which is consistent with surrounding uses and densities in the same zone. Finally, there are no applicable specific plans for this area. 2. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to and be compatible with the urban character of the area, and there will be adequate screening and separation between the proposed residential and neighboring commercial uses. Also, there are no unusual geologic hazards on -site. 3. The site is physically suitable for the proposed density of development, since the attached two-story units will be located on the property with sufficient setbacks, and off-street parking, and open space provided, and the higher density is compatible with nearby commercial and multi -family housing. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. Resolution 2005 — April 19, 2005 Page 3 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 19,503 square foot property can accommodate development of seven residential units, with two -car garages, 3 off-street guest parking spaces, and private patio/yard areas. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since 16 Street, a collector street with a capacity of 10,000 average daily trips (ADT) and a volume of 8,000 ADT, and other nearby local residential streets have sufficient capacity to absorb the negligible increase of approximately 47 ADT. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed development will enhance the appearance of the mixed commercial and residential intersection. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will create additional homeownership opportunities suitable for families on an underutilized commercial lot. FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities and the infill development of vacant commercial properties with residential projects, which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. Resolution 2005 — April 19, 2005 Page 4 BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and conditional use permit for seven condominium units on the south side of 16th Street, approximately 200 feet west of Rachael Avenue, is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize a one -lot subdivision with 7 condominium units on the proposed 0.44-acre lot. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A-2nd revision, B, and C, Case File no. S-2004-11/CUP- 2004-21, dated 2/21/05 and 1/20/05. 2. The Conditional Use Permit and Tentative Subdivision Map shall not be effective, and grading and/or building permits shall not be issued until the zone designation affecting the property is changed to Limited Commercial (CL). 3. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 4. The proposed trash enclosure to serve the units shall be provided in accordance with city standards. It shall have a stucco exterior to match the buildings. 5. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, dearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, buildings, utilities recreational facilities and open spaces, prior to approval of the final map. The CC&R's shall contain a provision limiting the use of the garages in the project to the parking of motor vehicles only. Said CC&R's shall be subject to approval as to content and form by the City Attomey. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance prdvisions will be sufficient to cover all contemplated costs. 6. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as Resolution 2005 — April 19, 2005 Page 5 to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 7. A screen wall/fence, consistent with City Design Guidelines, shall be constructed along the property line separating the commercial use to the east from the proposed residential development. 8. Plans shall be adjusted to include a second window in the master bedroom of the three interior units (#2, #3, and #6) with exterior architectural features consistent with the remaining units. 9. A residential fire sprinkler system is required to serve the proposed seven residential units, subject to review, approval and/or modification by the Fire Department. 10. If gated, a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 11. Plans must comply with the 2001 editions of the Califomia Building Code, the California Mechanical Code, the Califomia Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. Any grading work on the adjacent properties will require a letter of permission, slope easement, etc. from the property owners. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 13. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. Resolution 2005 — April 19, 2005 Page 6 14. A soils engineering report shall be submitted for the Public Works Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works Department requirements. 15. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 16. Street right-of-way shall be dedicated to the City on 17th Street (66' X 20') and will be shown on the final map. 17. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 18. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. The deposit is subject to adjustment according to actual worked hours. 19. Street improvements shall be in accordance with City Standards. A Covenant Running with the Land (standard form available at the City Engineer's Office) shall be signed by the owner for all missing street improvements (66 feet of curb and gutter, 66 feet of sidewalk, and 66 feet x 20 feet of street) on 17th Street. The improvements shall be assured by the Covenant Running with the Land in a manner subject to the review and approval of the City Engineer and City Attorney. The covenanted work shall be performed when the City of National City determines to install the street improvements along 17th Street. 20. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. Resolution 2005 — April 19, 2005 Page 7 21. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 22. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 23. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 24. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 25. The final map shall be recorded prior to issuance of any building permit. 26. All new property line survey monuments shall be set on private property, unless otherwise approved. 27. The final map shall use the California Coordinate System for its `Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 28. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 29. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 30. The owner shall coordinate with Sweetwater Authority (submit a site plan showing actual facilities, street improvement plan, irrigation plan, fire flow requirements and fire service plans, and a plumbing plan with a fixture -unit count) before an estimate for water facilities can be prepared. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. Resolution 2005 — April 19, 2005 Page 8 31. Before this Tentative Subdivision Map/Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map/Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map/Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 32. Approval of the Tentative Map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. The Conditional Use Permit shall expire concurrent with the Tentative Map. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 19th day of April, 2005. ATTEST: Michael Dalla, City Clerk Nick lnzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 19, 2005 AGENDA ITEM NO. 13 ITEM TITLE A Resolution of the City of National City authorizing the Mayor to enter into ans\ agreement with PBS&J to provide on -going sewer bill/tax roll administration and financial services for Fiscal Year 2006 PREPARED BY Joe Smith DEPARTMENT Public Works EXT. 4580 EXPLANATION On June 17, 2003 City Council, by Resolution Number 2003-88, approved an agreement with PBS&J to create a database that would be used to transfer the collection of sewer service fees to the County of San Diego Tax Rolls. City Council approved Resolution Number 2003-159, to provide similar service for fiscal year 2005. This extension will provide continued assistance with annual administration of our sewer service billing. This will include the updating of any changes that may have occurred to the customer database. These changes will be matched with the Sweetwater Authority's water accounts and the associated charges of these changes will be applied. PBS&J will then prepare a list of these changes for Council approval. Once approved, a sewer billing data tape will be provided to the County Assessor's office. This extension will also include database review, tracking reports for our records and response to customer phone calls and inquiries. This extension will also provide some additional services beyond those addressed in Section I, Scope of Services, if requested by the City. These tasks may include additional customer inquiries, additional research of parcels that do not match Sweetwater's meter data or National City's records as well as requested meetings and workshops. Environmental Review N/A MIS Approval Financial Statement Approved By( ..0 , The Contract is for $47,265. The details of the scope of services are outlined in Attachment "A". The fees and conditions are outlined in Attachment "B". Funds are available in account number 125-422-222-299, Contract Services. Account No. Finance Director STAFF RECOMMENDATION Adopt the Resolution authorizing the Mayor to enter into the Agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Agreement A-200 (Rev. 7/03) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J TO PROVIDE ON -GOING SEWER BILLING/TAX ADMINISTRATION AND ANY "AS NEEDED" FINANCIAL SERVICES FOR SEWER RATE ANALYSIS FOR FISCAL YEAR 2005-2006 WHEREAS, the City desires to employ a contractor to provide on -going sewer billing/tax administration and any "as needed" financial services for sewer rate analysis for Fiscal Year 2005-2006; and WHEREAS, the City has determined that PBS&J is a professional consulting firm and is qualified by experience and ability to perform the services desired by the City, and PBS&J is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with PBS&J to provide on -going sewer billing/tax administration and any "as needed" financial services for sewer rate analysis for Fiscal Year 2005-2006. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of April, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 19th day of April, 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to conduct on- going Sewer Billing / Tax Roll Administration services for Fiscal Year 2005-2006 WHEREAS, the CITY has determined that the CONSULTANT is a corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as required to keep staff and City Council advised of the progress on the project. The, CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a Revised August 2003 corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Roberto Saucedo hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Karyn Keese thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the $46,600 Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific period of one year from date of signature of agreement. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. Revised August 2003 The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT'S written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT,s employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subcontractors, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its sub CONSULTANT (s) shall require the sub CONSULTANT to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT'S agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and 3 Revised August 2003 regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its sub CONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, 4 Revised August 2003 layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part .thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said 5 Revised August 2003 acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 16. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: X❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or 6 Revised August 2003 dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration. Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the. CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. 7 Revised August 2003 E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (Hi) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularlymaintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Reberto Saucedo Director of Public Works/Special Projects City of National City 2100 Hoover Avenue National City, CA 91950-6530 To the CONTRACTOR: PBS&J 175 Calle Magdelena Encinitas, CA 92024 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify 8 Revised August 2003 any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9 Revised August 2003 Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY PBS&J, INC, (Two signatures required for a corporation) By: By: _j'-f`e"k9,q1_, Nick Inzunza, Mayor (Name) APPROVED AS TO FORM: George H. Eiser, III City Attorney 10 (Title) (Title) Revised August 2003 An employee -owned company April 4, 2005 Mr. Roberto Saucedo Director of Public Works / Special Projects City of National City 1243 National City Blvd. National City, CA 91950-4301 SUBJECT: PROPOSAL TO PROVIDE FINANCIAL SERVICES FOR THE CITY OF NATIONAL CITY FOR TAX ROLL ADMINISTRATION FISCAL YEAR ENDING 2006 AND 2007 Dear Mr. Saucedo: In response to your request, PBS&J is pleased to submit this proposal to the City of National City (City) for financial services for the Tax Roll Administration for Annual Sewer Service Charges for Fiscal Year Ending 2006 and 2007 with an option to extend this contract for a third year (Fiscal Year 2008). It is our understanding that the City desires continued assistance with the annual administration of their sewer service charges billed on the property tax bills. As part of this administration, there is ongoing customer service required for commercial property owners who request detailed breakdowns of sewer charges as they relate to multiple water meters that fall within their properties. The number of calls remains steady throughout the year, which begins in September when the property bills are first sent out by the County to the property owners, then continue throughout the year as property owners review their charges. The City's Public Works staff initially handles phone calls and if additional research or explanation is required, the calls are forwarded to our team to follow up on. Based on last year's calls and the number of calls already received since September, we anticipate approximately 150 phone calls, which typically require research and preparation of a letter or fax. The tax roll administration for each fiscal year begins in January with coordination with Sweetwater Authority to update the annual water consumption data. In June, current parcel information from the County and business license data and building permits data from the City are used to update the sewer customer database. The charges are prepared for adoption by the City Council in early August of each year and are then placed on the tax roll. In addition to the tax roll administration, properties, such as schools and state and federal governments that do not pay property taxes, require a direct bill to be mailed out for the collection of sewer charges. We prepare these letters annually. 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760-753-1120 • Fax: 760-753-0730 • www.pbsJ.com Mr. Roberto Saucedo Tax Roll Administration April 4, 2005 Page 2 of 2 Our proposed Scope of Services is outlined in Attachment "A" and Fees and Conditions are outlined in Attachment "B." We appreciate the opportunity of offering this proposal, and we look forward to working with you on this project. If you have any questions, please call our Project Manager, Karyn Keese or me at (760) 753-1120. Respectfully submitted, PBS&J rnesto Aguilar Associate Vice President, PBS&J c: Sara Maples, PBS&J Karyn Keese, PBS&J File I:\admin\800000 Marketing \EN62\Proposals\Financial\182\JL f April 4 NC Tx Roll Admin.doc An employee -owned company ATTACHMENT A SCOPE OF SERVICES FISCAL YEAR ENDING 2006 AND 2007 TAX ROLL ADMINISTRATION AND MISCELLANEOUS FINANCIAL CONSULTING SERVICES APRIL 4, 2005 In response to your request, PBS&J is pleased to submit this proposal to you for financial services for the City of National City (Client). I. SCOPE OF SERVICES Based on our current understanding of the Project, PBS&J will provide the following services: A. Tax Roll Preparation Based on current County Assessor's information, business license applications and building permits, the sewer customer database will be updated and matched with the Sweetwater Authority's water accounts and annual usage. It should be noted that business license and building permit data that is incomplete and do not match up with Assessor Parcel Numbers cannot be updated. Data that cannot be matched will be returned to the City for further research. Using updated information, sewer charges will be calculated based on approved sewer user rates for each fiscal year. The list of sewer charges will be prepared for approval by the City Council and then submitted to the County of San Diego for processing on the property tax rolls. Direct zbills will be sent to government agencies, such as the school district, since :'they cannot be billed with the property tax bills. It is assumed that 30 (thirty) direct billing statements will be mailed. B. .Respond to Customer Inquiries This task provides for responses to customer phone calls and inquiries regarding the annual service .charges. This proposal assumes that 150 phone calls will be received and that all of these customers will request detailed breakdowns, in the form of written correspondence, regarding their sewer bills and usage (because there are multiple meters on one 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760-753-1120 • Fax: 760-753-0730 • www.pbsJ.com Attachment A Tax Roll Administration Page 2 of 3 property). If additional calls are received, they will be addressed as additional services. II. ADDITIONAL SERVICES If requested by the Client, PBS&J will provide the following Additional Services, beyond the services included in Section I, Scope of Services: A. Additional customer inquiries beyond those addressed in Section I. B. Meetings and any additional project related services not specifically included in Section I, Scope of Services. C. Field visits or additional research of parcels that do not match up with Sweetwater's water meter data, business licenses or building permit information. III. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Client shall provide PBS&J copies of all relevant reports, studies, correspondence, and other relevant project information or data. Customer water use data will be provided electronically, in a format that can be converted to Microsoft Excel. Under this agreement for services, PBS&J shall be entitled to rely upon the accuracy and completeness of the information and financial data provided by the Client in performing its services, without liability. Unless requested in writing by Client, PBS&J will not, and have no obligation to perform any manner of check, review or verify the accuracy or completeness of the data provided. B. Assign one_ person to serve as the Client's Project Manager who has authority to represent the Client and will serve as the point of interface for all project issues and communications. In addition, this person will serve as the initial contact for customer inquiries regarding sewer charges. C. A complete written description of all pertinent project information and issues, including all unusual or critical requirements of the Client. D. Perform site visits to confirm water meter locations, service addresses, or land use, as needed. An employee -owned company ATTACHMENT B FEES AND CONDITIONS FISCAL YEAR ENDING 2006 AND 2007 TAX ROLL ADMINISTRATION AND MISCELLANEOUS FINANCIAL CONSULTING SERVICES APRIL 4, 2005 FEES AND CONDITIONS A. The Services described in Section I, Scope of Services, will be provided on an hourly rate basis with an estimated upper limit of $47,265 for 2006. For fiscal year 2007 the upper limit of the fee will be adjusted by five (5) percent to $49,595 to account for inflation. Should the City wish to extend this contract for an additional year the estimated upper limit would be adjusted by five (5) percent to $52,040. A breakout of these fees by task and by year is included in the table below. Task FYE 2006 FYE 2007 FYE 2008 Task A — Tax Roll $25,930 $27,230 $28,590 Preparation Task B — Customer Service $20,670 $21,700 $22,785 Direct Expenses $665 $665 $665 Totals 47,265 $49,595 $52,040 B. The fees for the Services described in Section II, Additional Engineering Services, will be provided on an hourly rate basis in accordance with the PBS&J Standard Rate Schedule in effect at the time the services are performed. A copy of the current Standard Rate Schedule is attached. 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760-753-1120 • Fax: 760-753-0730 • www.pbsj.com And compoy PBS&J CALIFORNIA ENVIRONMENTAL STANDARD RATE SCHEDULE EFFECTIVE JANUARY 1, 2005 ENGINEERING SERVICES Officer $198.00 Principal Engineer III 185.00 Principal Engineer II 175.00 Principal Engineer I 160.00 Supervising Engineer II 145.00 Supervising Engineer I 130.00 Senior Engineer III 120.00 Senior Engineer II 115.00 Senior Engineer I 105.00 Engineer III 100.00 Engineer II 95.00 Engineer I 85.00 Engineering Aide 55.00 ENVIRONMENTAL SCIENCE Senior Scientist III $174.00 Senior Scientist II 134.00 Senior Scientist I 126.00 Scientist III 116.00 Scientist II 107.00 Scientist I 92.00 Assistant Scientist 76.00 Research Assistant 53.00 OTHER PROFESSIONAL SERVICES Principal Professional $170.00 Supervising Professional 150.00 Senior Professional III 135.00 Senior Professional II 120.00 Senior Professional I 105.00 Professional II 90.00 Professional I 80.00 DESIGN & GRAPHIC SERVICES Senior Designer III 120.00 Senior Designer II 115.00 Senior Designer I 105.00 Designer II 95.00 Designer I 85.00 CAD Technician III 80.00 CAD Technician II 70.00 CAD Technician I 60.00 Graphics Designer II 90.00 Graphics Designer I 80.00 CONSTRUCTION RELATED SERVICES Senior Construction Manager $129.00 Construction Manager 117.00 Senior Project Engineer (Const.) 105.00 Senior Field Representative* 97.00 Construction Management Rep. II* 89.00 Construction Management Rep. I* 82.00 Prevailing Wage Field Rep. ** 111.00 ADMINISTRATIVE SERVICES Senior Administrator 115.00 Senior Administrative Assistant III 85.00 Senior Administrative Assistant II 75.00 Senior Administrative Assistant I 70.00 Administrative Assistant III 60.00 Administrative Assistant II 55.00 Administrative Assistant I / Clerk 50.00 EXPENSES AND OUTSIDE SERVICES In addition, identifiable non-ealaty coats that is directly attributable to the project such as reproduction costa, telephone charges, mileage, postage, etc., are billed at actual cost plus 16 percent to cover overhead and administration plus 3 percent for insurance mats. Computer Aided Drafting, hydrologic water, sewer, and stormwater modeling, GIS, automated mapping, database and web progra> g, eta, is charged at $5 per labor hour. Cell phone usage is charged at $1 per labor hour for management personnel * Non -Prevailing Wage - Prevailing Wage Rate - Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the above rates. If applicable, a vehicle allowance of $760.00 per month will be charged for the use of a company vehicle assigned to a full-time inspector. This monthly allowance will be prorated based upon hours worked for part-time inspection Fees for litigation and expert witness cervices will be charged at $460.03 per hour with a 4-hour minimum per day. Fees for subconsultant services provided are billed at actual coat plus 16 percent to cover overhead and administration, plus 3 percent for insurance mats. PAYMENT TERMS A late payment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance commencing 30 days after the date of original invoice. This rate schedule is subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general costs of l\admin\tb\ratea\sav west etd rate 1-05 electmnicdoc business. 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760-753-1120 • Fax: 760-753-0730 • www.pbsJ.com MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 19, 2005 AGENDA ITEM NO. 14 ITEM TITLE WARRANT REGISTER #37 PREPARED BY Finance EXPLANATION DEPARTMENT Finance Park Morse 619-336-4330 Ratification of Warrant Register #37 per Government Section Code 37208. EXT. ( Environmental Review N/A Financial Statement Not applicable. MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 2,581,538.08. BOARD / COMMISSION RECOMMENDTION , t7 l'G'-t;z,V -. ATTACHMENTS ( Listed Below ) 1. Warrant Register #37 2. Workers Comp Warrant Register dated 02/16/05 3. Payroll Warrant Register dated 02/16/05 Resolution No. A-200 (Rev. 7/03) Payee CHRIS HARROLD PRINCIPAL FINANCIAL GROUP ACEDO ADAMSON INDUSTRIES (SOUTH) ADDICTION MEDICINE CONSULTANTS AMERICAN PLANNING ASSOCIATION APWA ART D. NIELSEN PAINTING, INC. ASSI SECURITY, INC. AYRES HOTEL CARRIER JOHNSON CARRIER JOHNSON, INC. CATANZARITA CEMENT CUTTING INC COLLINS STRATEGIC GROUP, INC. CORPORATE EXPRESS CUESTA D.A.R.E. AMERICA MERCHANDISE DISCOUNT SPECIALTY CHEMICALS DOCUMENT SERVICES, ISF DOCUMENT SERVICES, ISF DOUGLAS E. BARNHART, INC DOUGLAS E. BARNHART, INC DURRA INK • City of National City WARRANT REGISTER # 37 3/22/2005 Description FOUR CUSTOM PIECES FABRICATED FOR 401K PPE 03/05/05 REIMB EXPS FOR SPRING BREAK CAMP/EASTER SAFETY VESTS, SECOND CHANCE MONARCH MEDICAL SERVICES APA MEMBERSHIP/ROGER POST ADVERTISEMENT FOR TRAFIC ENGINEER PAINT PARK SUPT. OFFICE CARDS (PARTS & LABOR) ADV LODGING/FRANK KLOS FEB 2005 SRVCS-NC LIBRARY FF&E SRVCS FEB 2005 SRVCS-NC LIBRARY BASIC SRVCS EDUCATIONAL REIMB/CATANZARITA NATL CITY HALL REMODEL 01/28/05 SRVCS FACILITATOR FOR CPRC TIME CLOCK ELEC REIMB DEPOSIT FOR RESERVE BANQUET TS37XL, WHITE UNITED WE STAND T-SHIRT, U.S.R. FEB 2005 MAIL SERVICES JAN 2005 MAIL SERVICES FEB 2005 SRVCS-CONTRUCTION MGMT LIBRARY N C COUNCIL CHAMBER RENOVATION TEMPORARY "NO PARKING" SIGNS, 11.5 X chk no chk date 199870 3/17/2005 199871 3/17/2005 199872 3/22/2005 199873 3/22/2005 199874 3/22/2005 199875 3/22/2005 199876 3/22/2005 199877 3/22/2005 199878 3/22/2005 199879 3/22/2005 199880 3/22/2005 199881 3/22/2005 199882 3/22/2005 199883 3/22/2005 199884 3/22/2005 199885 3/22/2005 199886 3/22/2005 199887 3/22/2005 199888 3/22/2005 199889 3/22/2005 199890 3/22/2005 199891 3/22/2005 199892 3/22/2005 199893 3/22/2005 amount 510.00 2,283.67 204.00 719.31 65.00 484.00 606.00 689.00 326.63 200.16 3,203.49 15,290.91 675.00 210.00 4,169.59 65.03 100.00 754.25 157.17 3,454.27 2,461.07 18,262.00 1,000.00 1,946.42 1 EDCO DISPOSAL CORPORATION SRVC FOR CLEAN UP EVENT O1/15/05 199894 3/22/2005 5,953.6c ENVIRONMENTAL HAZARDS SERVICES LEAD WIPE SAMPLES ANALYZED 199895 3/22/2005 72.00 ENVIRONMENTAL HAZARDS SERVICES LEAD WIPE SAMPLES ANALYZED 199896 3/22/2005 48.00 ENVIRONMENTAL HAZARDS SERVICES LEAD SOIL/WIPE SAMPLES 199897 3/22/2005 30.00 EQUIPMENT ENGINEERING CO. AIR COMPRESSOR 199898 3/22/2005 3,501.88 FEDEX FEDEX PRIORITY OVERNIGHT 3/05/05— 199899 3/22/2005 45.33 FEDEX FEDEX PRIORITY OVERNIGHT 02/16/05-- 199900 3/22/2005 38.58 FEDEX FEDEX CHRGS MOTOROLA 02/24/05 199901 3/22/2005 20.00 FRANK & SON PAVING INC. FEB 2005 SRVCS-NC STREET RESURFACING 199902 3/22/2005 57,947.48 GARCIA EDUCATIONAL REIMB/B GARCIA 199903 3/22/2005 325.00 GRAINGER MOP 65179-REMOVER GRAFFITI 199904 3/22/200.5 45.64 GRANTS OFFICE, LLC JAG PROJECT INVOICE#638 FOR LT BOEGLER 199905 3/22/2005 1,350.00 GROSSMAN PSYCHOLOGICAL ASSOC. PRE -EMPLOYMENT PSYCHOLOGICAL EXAMS 199906 3/22/2005 480.00 GUILDCRAFT, INC. VARIOUS CRAFT SUPPLIES, IE SPORTS 199907 3/22/2005 780.05 GUNDERT EDUCATIONAL REIMB/M GUNDERT 199908 3/22/2005 275.0e HARLAN ADV MEALS/MILEAGE/HARLAN 199909 3/22/2005 142.62 HOLIDAY INN EXPRESS ADV LODGING/MICHAEL HARLAN 199910 3/22/2005 278.46 INTEGRATED INSIGHTS EMPLOYEE ASST PROGRAM MAR 2005 199911 3/22/2005 900.24 INTEGRATED INSIGHTS EMPLOYEE ASST PROGRAM FEB 2005 199912 3/22/2005 886.60 JAYNES CORPORATION ESCROW RETENTION ACCT#2010160619 199913 3/22/2005 43,043.00 JAYNES CORPORATION OF AMERICA JAN 2005 SRVCS-CONSTRUCTION OF LIBRARY 199914 3/22/2005 817,816.00 JEFF KATZ ARCHITECTURE FEB 2005 SRVCS-DESIGN FOR PW/ENG'G AREA 199915 3/22/2005 1,000.00 KILLACKY, KEVIN EDUCATIONAL REIMB /K KILLACKY 199916 3/22/2005 450.00 KIWANIS CLUB OF NC MAYOR'S PRAYER LUNCH/RUDY LOPEZ 199917 3/22/2005 25.00 KIWANIS CLUB OF NC MAYOR'S PRAYER LUNCHEON/D CONDON 199918 3/22/2005 25.00 KLEINFELDER, INC. FEB 2005 SRVCS-NC STREET RESURFACING 199919 3/22/2005 4,749.25 KLOS ADV MEALS/MILEAGE/FRANKKLOS 199920 3/22/2005 149.08 L2 SPECIALTIES STAGE CURTAIN & VALANCE FOR COMM. SVCS 199921 3/22/2005 7,437.98 LEXIS-NEXIS SUPPLEMENT SRVC TO THE MUNICIPAL CODE 199922 3/22/2005 1,353.64 LEXIS-NEXIS ONLINE CHARGES FOR FEB 2005 199923 3/22/2005 133.33 LOPEZ INTERPRETATION SRVCS ON 03/14/05 199924 3/22/2005 100.00 2 MAAC PROJECT MAAC PROJECT MAINTEX, INC. MARCOTTE & HEARNE BUILDERS MAYER REPROGRAPHICS MOTOROLA N C CHAMBER OF COMMERCE NATIONAL NEIGHBORHOOD WATCH NC SENIOR NUTRPCION PROGRAMS OFFICE TEAM ORANGE COUNTY SHERIFF'S DEPT ORIENTAL TRADING, CO., INC. PICAZO, IVAN PORAC LEGAL DEFENSE FUND PRUDENTIAL OVERALL SUPPLY QUINLAN PUBLISHING GROUP RON BAKER CHEVROLET-GEO-ISUZU ROUNDS SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO MIRAMAR COLLEGE SASI SDMSE-SAN DIEGO PROJ HEARTBEAT SDTMA SILVA STATE COMPENSATION INS FUND SWEETWATER AUTHORITY SWEETWATER AUTHORITY THE FILIPINO PRESS THE STAR NEWS JAN 2005 CONTRACT FOR LEAD HAZARD CNTRL FEB 2005 CONTRACT FOR LEAD HAZARD CNTRL JANITORIAL SUPPLIES FEB SRVCS-CONSTRCTN FIRE STATION#34 DIGITAL BOND - MODEL #HMN 1061,PALM MICROPHONES FOR THE PROMOTIONAL ACTIVITY 5" X 5" WINDOW WARNING DECALS, MASKED COMMITTEE LUNCHEON MEETING- REVENUE & TEMP SRVCS DENISE LEE W/E 02/18/05 ADV TUITION/FRANK KLOS MAR 28-29, 2005 MISC CRAFT ITEMS AND SUPPLIES, IE EDUC REIMB/IVAN PICAZO 1/18/05 - LEGAL DEFENSE FUND FOR RESERVE MOP 45742 STREET UNIFORMS ZONING BULLETIN PARTS FOR REPAIR EDUCATIONAL REIMB/ROBERT ROUNDS ELECTRIC B1LL/STREET #10093014384 ELECTRIC BILL/FACILITIES #10091911839 ELECTRIC BILL/SEWER #29491892373 REQUEST REIMB FOR TUITION FLEXIBLE SPENDING CPR/AED TRAINING FEB 16-18, 2005 ANNUAL MEMBERSHIP SDTMA CAL -YEAR 2005 EDUCATIONAL REIMB/L SILVA EXPERT & CONSULTANT SERVICES FEB 2005 WATER BILLS/FACILITIES - 15 ACCTS WATER BILLS/SEWER ACCT#152-2700-0 DISPLAY ADVERTISING LEGAL ADVERTISING MAR 21, 2005 199925 3/22/2005 29,088.00 199926 3/22/2005 28,754.00 199927 3/22/2005 1,102.65 199928 3/22/2005 142,339.92 199929 3/22/2005 1,588.44 199930 3/22/2005 678.83 199931 3/22/2005 55.00 199932 3/22/2005 282.30 199933 3/22/2005 367.00 199934 3/22/2005 952.00 199935 3/22/2005 24.00 199936 3/22/2005 210.60 199937 3/22/2005 510.00 199938 3/22/2005 84.00 199939 3/22/2005 8.51 199940 3/22/2005 147.00 199941 3/22/2005 1,312.01 199942 3/22/2005 400.00 199943 3/22/2005 29,825.42 199944 3/22/2005 13,606.38 199945 3/22/2005 235.01 199946 3/22/2005 429.00 199947 3/22/2005 768.00 199948 3/22/2005 1,630.00 199949 3/22/2005 50.00 199950 3/22/2005 275.00 199951 3/22/2005 6,522.50 199952 3/22/2005 3,188.58 199953 3/22/2005 29.78 199954 3/22/2005 450.00 199955 3/22/2005 210.13 3 THE STAR NEWS THE STAR NEWS TRITECH SOFTWARE SYSTEMS U.S. HEALTHWORKS UNDERGROUND SERV ALERT UNIVERSAL TRAILERS, INC. US STERLING CAPITAL CORP WHITAKER BROTHERS WOOD & WOOD WOOD & WOOD YOUNG BAYSHORE TRANSIT MGMT INC BLUE SHIELD OF CA BRIDGESTONE/FIRESTONE, INC. CINTAS CORPORATION #694 CINTAS FIRST ATD & SAFETY COLORALL TECHNOLOGIES CORPORATE EXPRESS COUNTY OF SAN DIEGO CUMMINS CAL PACIFIC, LLC DHL EXPRESS (USA) INC. DTXIELINE LUMBER CO EW TRUCK & EQUIPMENT CO INC FIRST ADVANTAGE CORPORATION HOSTY EQUIPT CO OF SAN DIEGO INDUSTRIAL SUPPLY DISTRIBUTORS KIWANIS CLUB OF NATIONAL CITY M&M PLASTICS NATIONAL CITY PUBLIC LIBRARY NEW FLYER PARTS NEXTEL COMMUNICATIONS PROOF OF PUBLICATION OF NC14441 ADS FOR PARKING REG OFFCR/PARK CARETAKER ON -SITE SYSTEM INSTALLATION SERVICE MEDICAL SERVICES FEB 2005 FEB 2005 UNDERGROUND SRVCS DMV FEE TRADE SETTLING 02/12/05 & 02/18/05 ANNUAL SERVICE AGMT RENEWAL SHREDDER LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS REIMB FOR TEEN EXTREME FIELD TRIP PAYROLL CK DTD 03/11/05 DENTAL INSUR. - MAR. '05 TIRES MAINTENANCE LAUNDRY SERVICE FIRST AID & SAFETY SERVICE BUS REPAIRS AS NEEDED FOR FY0405 OFFICE SUPPLIES PPE 03/05/05 - SHERRY LOGEL BUS PARTS AS NEEDED FOR FY05 OVERNIGHT CHARGES SHOP SUPPLIES AUTOMOTIVE PARTS AS NEEDED FOR FY0405 RANDOMS & PRE -EMPLOYMENT SWIVEL HOSE REEL WASTEBASKET JAN. & FEB DUES AND MEALS/GOV. BANQUET MISCELLANEOUS BUS SUPPLIES AS NEEDED LIBRARY CONTRIBUTION PPE 03/05/05 MODULE, CORNER PHONE CHARGES 02/10/05 - 03/09/05 199956 3/22/2005 214.01 199957 3/22/2005 71.40 199958 3/22/2005 2,700.00 199959 3/22/2005 820.00 199960 3/22/2005 130.20 199961 3/22/2005 21,729.37 199962 3/22/2005 594.54 199963 3/22/2005 271.95 199964 3/22/2005 6,024.00 199965 3/22/2005 767.00 199966 3/22/2005 161.39 199967 3/22/2005 44,788.47 199968 3/22/2005 549.80 199969 3/22/2005 221.86 199970 3/22/2005 197.29 199971 3/22/2005 179.65 199972 3/22/2005 1,175.00 199973 3/22/2005 424.01 199974 3/22/2005 23.04 199975 3/22/2005 595.11 199976 3/22/2005 42.66 199977 3/22/2005 35.65 199978 3/22/2005 2,054.04 199979 3/22/2005 220.00 199980 3/22/2005 67.61 199981 3/22/2005 61.72 199982 3/22/2005 164.00 199983 3/22/2005 194.13 199984 3/22/2005 26.00 199985 3/22/2005 648.14 199986 3/22/2005 636.16 4 NORTHWEST PUMP & EQUIPT CO PITNEY BOWES CREDIT CORP ROMAN'S TRUCK SAN DIEGO FRICTION PROD. SAN DIEGO GAS & ELECTRIC SMART & FINAL SO CNTY ECONOMIC DEV COUNCIL SOUTH COAST MEDICAL CLINIC SOUTHERN COUNTIES OIL CO SPARKLETTS STATE OF CALIFORNIA STATE OF CALIFORNIA SUPERIOR CLEANING EQUIPMENT SWEETWATER AUTHORITY THE LIGHTHOUSE W.W. GRAINGER, INC. JEFF KATZ ARCHITECTURE MARCOTTE & HEARNE BUILDERS RUDOLPH AND SLETTEN, INC Workers compensation checks HYDRAULIC COUPLER/HOSE EXTENSION POSTAGE EQUIPMENT AUTO REPAIRS & PARTS FOR MAJOR BUS PARTS AS NEEDED FOR FY05 ELECTRIC 01/31/05 - 03/02/05 COFFEE SUPPLIES MEMBERSHIP FOR SC ECONOMIC DEV COUNCIL PRE -EMPLOYMENT SCREENING - J. VASQUEZ DIESEL FUEL WATER 02/04/05 - 03/03/05 PPE 03/05/05 - CHERLYN MATA PPE 03/05/05 - MARTHA SANDOVAL REPAIR FLOW SWITCH WATER 12/29/04 - 03/01/05 AUTO PARTS AUTO PARTS - LAMP FEB 2005 SRVC-DESIGN OF NEW FIRE STATION FEB SRVCS-CONSTRCTN FIRE STATION#34 FEB 2005 SRVCS-NCFS HDQTS #34 Total 199987 3/22/2005 199988 3/22/2005 199989 3/22/2005 199990 3/22/2005 199991 3/22/2005 199992 3/22/2005 199993 3/22/2005 199994 3/22/2005 199995 3/22/2005 199996 3/22/2005 199997 3/22/2005 199998 3/22/2005 199999 3/22/2005 200000 3/22/2005 200001 3/22/2005 200002 3/22/2005 200100 3/22/2005 200101 3/22/2005 200102 3/22/2005 9651 3/16/2005 9652 3/16/2005 9653 3/16/2005 9654 3/16/2005 9655 3/16/2005 9656 3/16/2005 9657 3/16/2005 9658 3/16/2005 9659 3/16/2005 21.87 243.26 8,953.92 883.84 1,760.17 61.13 200.00 72.00 28,293.29 81.55 85.00 75.96 54.77 824.88 96.34 169.54 5,457.86 318,459.18 10,473.00 1,734,419.55 57.34 320.00 1,200.00 370.00 32.30 905.75 936.25 160.11 13.64 5 9660 3/16/2005 128.06 9661 3/16/2005 47.60 9662 3/16/2005 47.60 9663 3/16/2005 530.00 9664 3/16/2005 47.60 9665 3/16/2005 10.12 9666 3/16/2005 83.94 9667 3/16/2005 45.08 9668 3/16/2005 69.19 9669 3/16/2005 319.21 9670 3/16/2005 94.78 9671 3/16/2005 385.00 9672 3/16/2005 525.00 9673 3/16/2005 57.80 9674 3/16/2005 47.39 9675 3/16/2005 38.50 9676 3/16/2005 94.78 9677 3/16/2005 434.72 9678 3/16/2005 99.97 9679 3/16/2005 99.97 9680 3/16/2005 238.38 9681 3/16/2005 220.03 9682 3/16/2005 221.16 9683 3/16/2005 364.01 9684 3/16/2005 17.72 9685 3/16/2005 249.09 9686 • 3/16/2005 421.74 9687 3/16/2005 426.00 9688 3/16/2005 123.31 9689 3/16/2005 4,067.00 9690 3/16/2005 47.60 6 9691 3/16/2005 303.13 9692 3/16/2005 329.61 9693 3/16/2005 329.80 9694 3/16/2005 83.94 9695 3/16/2005 142.23 9696 3/16/2005 242.73 9697 3/16/2005 110.50 Total 15,139.68 PAYROLL Pay period Start Date End Date Check Date 2/15/2005 2/28/2005 3/9/2005 Total 831,978.85 GRAND TOTAL TRANSIT WARRANT CK#199871 1 CHECK TRANSIT WARRANTS CK#199967-200002 36 CHECKS $ 2,283.676 $ 94,181.86 PAID OUT OF HUD GUARANTEED LOAN FUND ACCT FOR THE CONSTRUCTION OF THE NEW FIRE STATION CK#200100-200102 3 CHECKS $ 334,390.04 2,581,538.08 1 7 City of National City Warrant Register # 37 3/22/2005 001 GENERAL FUND 671,852.80 104 LIBRARY FUND 32,073.39 105 PARKS MAINTENANCE FUND 16,403.53 109 GAS TAXES FUND 3,840.03 111 P.O.S.T. FUND 770.32 125 SEWER SERVICE FUND 11,384.99 135 SD COUNTY REG AUTO THEFT TASK 2,693.19 136 TINY TOT CLASSES FUND 210.60 145 JUVENILE EDUCATION FUND 377.12 147 GRANT -JUDGE PROGRAM 1,331.05 154 STATE PUBLIC LIBRARY FUND 1,077.23 171 LIBRARY SCHOOL DISTRICT CNTRCT 853.25 172 TRASH RATE STABILIZATION FUND 1,685.05 173 NATIONAL SCHOOL DIST CONTRACT 2,304.96 174 SWEETWATER SCHOOL DIST CONTRACT 4,890.42 188 GRANT-HIDTA 3,841.01 189 CIVIC CENTER REFURBISHING 1,000.00 191 STOP PROJECT 3,994.87 204 TRAFFIC EQUIPMENT FOR ALL 21,729.37 211 SECURITY AND ALARM REGULATION FUND 1,283.33 222 WOW MOBILE GRANT FY 2000-2001 2,708.13 230 ABANDONED VEHICLE ABATEMENT GRANT 4,269.95 241 NATIONAL CITY LIBRARY STATE. GRANT 584,861.49 242 N. CITY LIBRARY MATCHING FUND 314,925.41 246 WINGS GRANT 32,841.41 250 NEW FIRE STATION CONSTRUCTION 334,390.04 253 RECREATIONAL ACTIVITIES FUND 154.00 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 63,034.31 257 LOCAL LAW ENF BLOCK GRANT FY04-05 2,700.00 273 CBAG-MAJOR MEXICAN TRAFFICKERS 3,122.86 274 LITERACY INITIATIVE XII 1,029.20 275 EASY VOTER GUIDE GRANT 456.69 276 LITERACY SERVICES YEAR2 930.74 280 AMERICORPS/CNCS YEAR 2 GRANT 1,145.89 301 GRANT-C.D.B.G. 20,658.42 302 CDC PAYMENTS 158,770.00 307 PROPOSITION A" FUND 60,272.15 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRNT 1,588.44 552 TDA 96,444.68 626 FACILITIES MAINT FUND 34,072.20 627 LIABILITY INS. FUND 33,498.48 628 GENERAL SERVICES FUND 6,338.73 629 INFORMATION SYSTEMS MAINTENANCE 4,365.28 631 TELECOMMUNICATIONS REVOLVING 5,168.07 632 GENERAL ACCOUNTING SERVICES 18,193.28 643 MOTOR VEHICLE SVC FUND 12,001.72 Total 2,581,538.08 8 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE DIRECTOR CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19TH DAY OF APRIL 2005. AYES NAYS ABSENT MEETING DATE CEnvironmental Review "ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT April 19, 2005 WARRANT REGISTER #38 PREPARED BY Finance EXPLANATION DEPARTMENT AGENDA ITEM NO. p71 Finance / Park Morse 619-336-4330 Ratification of Warrant Register #38 per Government Section Code 37208. 15 EXT. N/A MIS Approval Financial Statement Not applicable. Approved Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 2,002,093.92. BOARD / COMMISSION RECOIV),MENDATION ��'4' ✓ ae 42'. ATTACHMENTS ( Listed Below ) 1. Warrant Register #38 2. Workers Comp Warrant Register dated 03/23/05 3. Payroll Warrant Register dated 03/23/05 Resolution No. A-200 (Rev. 7/03) Payee DEESE CAPF CALIFORNIA LAW ENFORCEMENT DELTA DENTAL DELTACARE (PMI) FORTIS BENEFITS FORTIS BENEFITS INSURANCE CO FORTIS BENEFITS INSURANCE CO HEALTH NET HEALTH NET HEALTH NET HEALTH NET I-IALTH NET City of National City WARRANT REGISTER # 38 3/29/2005 Descriolion REIMB FOR RECOGNITION AWARD EXPS FIRE/LTD MAR 2005 PD/LTD MAR 2005 DENTAL INS MAR 2005-CITY SHARE DENTAL INS MARCH 2005 VTL MAR 2005 MGMT/LTD MAR 2005 STD/LTD MAR 2005 HEALTH INS 57135A MAR 2005 HEALTH -ELECT INS MAR 2005 85027A HEALTH NET- 57135F MAR 2005 HEALTH-RET INS/85027B MAR 2005 HEALTH NET-57135J MAR 2005 KAISER FOUNDATION HEALTH PLANS KAISER INS MAR 2005 KAISER FOUNDATION HEALTH PLANS KAISER RET INS MARCH 2005 PARADISE VALLEY CHURCH PUBLIC EMP RETIREMENT SYSTEM SWEETWATER AUTHORITY NATIONAL INTERSTATE INS CO. THE LATINO UNITY COALITION A5 COMPUTER SERVICES AAJA AGUIRRE AMERICAN COUNCIL ON EXERCISE AMERICAN FORENSIC NURSES ARCO GASPRO PLUS LEADERSHIP EVENT APR 29 (6 ATTENDEES) SERVICE PERIOD 03-05-3 WATER BILLS/STREET - 17 ACCTS ADDITIONAL PREMIUM FOR ADDED COVERAGE CESAR CHAVEZ BREAKFAST REGISTRATION AS NEEDED NETWORK SERVICES, PER TERMS AAJA PROFESSIONAL MEMBERSHIP- CITY EDUCATIONAL REIMS/O AGUIRRE REGISTRATION FOR "ACE PERSONAL TRAINER" SUSPECT BLOOD WITHDRAWALS, URINE TESTS, FUEL FOR CITY FLEET A/124223354 chk no chk date amount 200003 3/23/2005 433.00 200004 3/24/2005 640.00 200005 3/24/2005 1,716.00 200006 3/24/2005 17,700.04 200007 3/24/2005 3,560.81 200008 3/24/2005 2,370.69 200009 3/24/2005 3,210.39 200010 3/24/2005 7,643.94 200011 3/24/2005 69,289.79 200012 3/24/2005 3,346.68 200013 3/24/2005 2,518.35 200014 3/24/2005 1,044.89 200015 3/24/2005 51.40 200016 3/24/2005 98,627.23 200017 3/24/2005 1,091.04 200018 3/24/2005 360.00 200019 3/24/2005 61,763.07 200020 3/24/2005 1,858.50 200021 3/24/2005 1,420.00 200022 3/24/2005 300.00 200023 3/29/2005 2,013.25 200024 3/29/2005 80.00 200025 3/29/2005 343.07 200026 3/29/2005 398.00 200027 3/29/2005 132.00 200028 3/29/2005 18,044.06 1 DIARIO LATINO DICERCHIO DIXIELINE LUMBER CO. DONG EL LATINO NEWSPAPER ESGIL CORPORATION EWERT, PHILLIP FEDEX HMS CONSTRUCTION HOLIDAY INN EXPRESS ASSO OF PUBLIC TREASURERS OF MEMBRSHP/GEORGE HOOD 5/01/05-4/30/06 200029 3/29/2005 202.00 AT&T WIRELESS SERVICES POLICE MDC ATT WIRELESS SERVICE 200030 3/29/2005 2,523.85 AT&T WIRELESS SERVICES WIRELESS SRVC #043-70006473 200031 3/29/2005 183.72 BCM MECHANICAL INC. BI-MONTHLY MAINTENANCE OF DATA AIRE 200032 3/29/2005 736.12 BISHOP ADVMEALS/MILEAGE/R BISHOP 200033 3/29/2005 142.88 BOYD RETIREE HEALTH BENEFITS APR 2005 200034 3/29/2005 145.00 C W REED JR RETIREMENT 2000964-S90 FOR APR 2005 200035 3/29/2005 947.66 CALIFORNIA COMMERCIAL SECURITY MOP 45754-KEYS 200036 3/29/2005 8.73 CALIFORNIA RESERVE PEACE ANNUAL LEGAL SUPPORT AND MEMBERSHIP 200037 3/29/2005 567.00 CAPIO CAPIO PROF MEMBERSHIP DUES/M ARCEGA-DUNN 200038 3/29/2005 175.00 CHILDREN'S HOSPITAL CHILD SEXUAL ASSAULT EXAMS AS NEEDED 200039 3/29/2005 706.70 CHOICEPOINT AUTO TRACK DATABASE - UNLIMITED ACCESS 200040 3/29/2005 100.00 CITY OF CHULA VISTA ANIMAL SHELTER SRVCS FEB 2005 200041 3/29/2005 8,291.01 CLAIMS MANAGEMENT ASSOCIATES LIABILITY CLAIM COSTS 200042 3/29/2005 545.60 CLEAN HARBORS HAZARDOUS HOUSEHOLD WASTE PICK UP, AS 200043 3/29/2005 180.00 COMPUTER PROTECTION TECH. INC. INSTALLATION/REPLACEMENT BATTERIES 200044 3/29/2005 552.91 CONSTRUCTION ELECTRONICS INC. OCT 2004 MAINT CONTRACT POLICE/FIRE/PUBL 200045 3/29/2005 843.55 CORPORATE EXPRESS MOP 45704-INK CARTRIDGES 200046 3/29/2005 209.49 D-MAX ENGINEERING INC FEB 2005 SRVCS-ENG'G & ENVIRONMNTL SRVCS 200047 3/29/2005 35,334.00 DANIEL PEARCE/ RPM WELDING MOP 45749-HITCH INSTALLATION 200048 3/29/2005 328.95 DAY WIRELESS SYSTEMS REPLACEMENT PARTS FOR THE 800 MHZ RADIO 200049 3/29/2005 797.79 DEFRATIS RETIREE HEALTH BENEFITS APR 2005 200050 3/29/2005 120.00 DELL COMPUTER CORPORATION DELL POWEREDGE 2850, DUEL XEON 200051 3/29/2005 7,853.77 DEPARTMENT OF TRANSPORTATION HIGHWAY LIGHTING-JANUARY 2005 200052 3/29/2005 4,293.00 ADVERTISING NOTICE SERVICE 200053 3/29/2005 150.00 RETIREE HEALTH BENEFITS APR 2005 200054 3/29/2005 70.00 MOP 45707-BLADES/STEEL TRACK 200055 3/29/2005 702.29 REIMB MINDPATH RF WIRELESS REMOTE/LASER 200056 3/29/2005 106.42 ADVERTISEMENT FOR POLICE RECRUIT 200057 3/29/2005 133.25 PLANS SENT TO ESGIL FEB 2005 200058 3/29/2005 6,253.84 RETIREE HEALTH BENEFITS APR 2005 200059 3/29/2005 160.00 FEDEX CHARGES 200060 3/29/2005 16.48 FEB 2005 SRVCS-TRAFFIC SIGNAL IMPROVEMNT 200061 3/29/2005 15,436.17 ADV LODGING/RANDY BISHOP 200062 3/29/2005 278-46 2 HOSKINSON REIMB APA CONFERENCE TRAVEL EXPS 200063 3/29'2005 209.25 JAYNES CORPORATION ESCROW RETENTION ACCT#2010160619 200064 3/29/2005 35,734.00 JAYNES CORPORATION OF AMERICA FEB 2005 SRVCS-NC PUBLIC LIBRARY 200065 3/29/2005 678,935.00 JONES & MADHAVAN FEB 2005 SRVC-NC MUNICIPAL POOL RENOVATN 200066 3/29/2005 4,750.00 KIMBLE RETIREE HEALTH BENEFITS APR 2005 200067 3/29/2005 300.00 KIWANIS CLUB OF NC MAYOR'S PRAYER LUNCHEONINATIVIDAD LUIS 200068 3/29/2005 25.00 KLEINFELDER, INC. CONCRETE COMP TEST SPEC 03-2 200069 3/29/2005 574.00 LA PRENSA SAN DIEGO ADVERTISING NOTICE SERVICE 03/11/05 200070 3/29/2005 273.60 LEAGUE OF CALIFORNIA CITIES MUNICIPAL REVENUE HANDBOOK 200071 3/29/2005 34.00 LIEBERT CASSIDY WHITMORE RETAINER AGREEMEN FOR FEB 2005 200072 3/29/2005 1,600.00 MANNING & MARDER LIABILITY CLAIM COSTS 200073 3/29/2005 1,680.00 MATIENZO RETIREE HEALTH BENEFITS APR 2005 200074 3/29/2005 100.00 MCCABE RETIREE HEALTH BENEFITS APR 2005 200075 3/29/2005 280.00 MOBILE DATACOMM SAMSUNG A650 PHONE FOR NATIVIDAD 200076 3/29/2005 150.85 MOBILE DATACOMM PHONES & HOLSTER 200077 3/29/2005 60.33 MOTOROLA MODEL #IISN4018B, SPEAKER, 5 WATT FOR 200078 3/29/2005 573.77 MYERS RETIREE HEALTH BENEFITS APR 2005 200079 3/29/2005 140.00 NATIONAL CITY CAR WASH CAR WASHES FOR FLEET FEB 2005 200080 3/29/2005 216.00 NATIONAL EMBLEM INC PATCHES FOR CITY UNIFORMS, 4" CIRCLE, 200081 3/29/2005 690.61 NEXTEL COMMUNICATIONS WIRELESS SERVICES - #481082028 200082 3/29/2005 62.51 NEXUS INTEGRATION SERVICES PHONE 'MOVE- ADD- CHANGE' SERVICES, AS 200083 3/29/2005 908.00 NOSAL, WILLIAM A. RETIREMENT SETTLEMENT APR 2005 200084 3/29/2005 887.56 OFFICE TEAM TEMP SRVCS KELLY DUKAT W/E 02/11 & 02/18 200085 3/29/2005 3,092.50 ONE SOURCE DISTRIBUTORS MOP 67125-LAS PALMAS POOL 200086 3/29/2005 416.85 PEACE OFFICERS RESEARCH PORAC/PEACE OFFICER RESEARCH ASSOC 200087 3/29/2005 70.00 PERVO TRAFFIC CENTER 6003 YELLOW, 55 GAL 200088 3/29/2005 9,917.98 POTTER RETIREE HEALTH BENEFITS APR 2005 200089 3/29/2005 150.00 PRUDENTIAL OVERALL SUPPLY MOP 45742-MOPS 200090 3/29/2005 388.81 RAY RETIREE HEALTH BENEFITS APR 2005 200091 3/29/2005 190.00 REMEDY INTELLIGENT STAFFING TEMP SRVCS CAROL NICKELL W/E 02/27/05 200092 3/29/2005 612.16 RUIZ RETIREE HEALTH BENEFITS APR 2005 200093 3/29/2005 310.00 S.D. COUNTY SI IERIFF'S DEPT. CAL -ID CHARGES JAN 1-JUN 30, 2005 200094 3/29/2005 9,086.11 SAN DIEGO NEIGHBORHOOD NEWS ADVERTISING NOTICE SERVICE 3/04/05 200095 3/29/2005 409.69 SAN DIEGO NEIGI IBORHOOD NEWS ADVERTISING/AUDIO EQUIP NEW LIBRARY 200096 3/29/2005 50.63 3 SBC/MCI SDAPSD SELTZER CAPLAN MCMAHON VITEK SHORT, CRAIG SILVA SOUTHERN CALIF TRUCK STOP SOUTHWEST PAINT & BODY, INC. SPECIALTY LIGHTING STRATACOM TARGET SPECIALTY PRODUCTS TOM MOYNAHAN VALLEY INDUSTRIAL SPECIALTIES TELECOMMUNICATION #619-474-0623-035 ADV TUITION/ALEXANDER & BARAHURA PROF SRVCS RENDERED THROUGH 02/28/05 RETIREE HEALTH BENEFITS APR 2005 REIMB TRAVEL EXPS-CONFINED SPACE OPERATN MOP 45758-REGULAR UNLEADED GASOLINE CAR REPAIRS FOR THE FLEET AS NEEDED FOR LIGHT BULBS & FLUORESCENT LAMPS MOP 63845 POST -STORAGE VEHICLE IMP FORM NITRA KING (50 LB BAG) MOP 45734-TOWING UNIT 296 MOP 46453-EMERGENCY REPAIR -POOL VERSATILE INFORMATON PRODUCTS WORDNET SERIES II RENEWAL - RACAL WEST GROUP PAYMENT CENTER WEST GROUP PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY ZAPATA ZIETLOW, DAVID ASSOCIATED TOWING BALL AUTOMOTIVE GROUP JIM'S GLASS & SCREENS KIRK'S RADIATOR & AUTO AIR INC KIWANIS CLUB OF NATIONAL CITY WESTLAW ON-LINE CHARGES FEB 2005 CA CODE OF CIVIL PROCEDURE 2005 PAMPHLET MOP 45763-STOCK REIMB MEETING EXPS/C ZAPATA RETIREE HEALTH BENEFITS APR 2005 TOWED BUS 6016 FROM SWEETWATER RD TO INV#197005 - 7500 MILE SERVICE INV#506191/506123 - LABOR FOR BUS 6009 CLEAN AND TEST COOLER COMBO DUES/MEALS/FUND-RAISER PROCHEM SPECIALTY PRODUCTS INC SUPERWASH 100P 125LB Total Workers compensation checks 200097 200098 200099 200100 200101 200102 200103 200104 200105 200106 200107 200108 200109 200110 200111 200112 200113 200114 200115 200116 200117 200118 200119 200120 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 3/29/2005 9698 3/23/2005 9699 3/23/2005 9700 3/23/2005 9701 3/23/2005 9702 3/23/2005 9703 3/23/2005 9704 3/23/2005 851.46 70.0e 15,130.00 300.00 203.25 72.00 807.12 337.15 257.53 777.52 50.00 335.86 3,244.00 642.84 34.48 106.22 237.31 150.00 500.00 277.24 737.17 113.30 175.25 125.96 1,167,466.71 1,850.00 23.80 320.00 370.00 339.00 132.00 935.25 4 PAYROLL Pay period Start Date 249 3/1/2005 End Date Check Date 3/14/2005 Total 3/23/2005 Total *TRANSIT WARRANTS CK#200021-200022 2 CHECKS $ 1,720.00 TRANSIT WARRANTS CK#200115-200120 6 CHECKS $ 1,928.92 9705 3/23/2005 400.00 9706 3/23/2005 47.60 9707 3/23/2005 141.08 9708 3/23/2005 1,687.99 9709 3/23/2005 95.59 9710 3/23/2005 156.85 9711 3/23/2005 190.17 9712 3/23/2005 265.31 9713 3/23/2005 270.82 9714 3/23/2005 200.73 9715 3/23/2005 90.35 9716 3/23/2005 74.77 9717 3/23/2005 253.07 9718 3/23/2005 294.98 9719 3/23/2005 1,177.52 9720 3/23/2005 134.03 9721 3/23/2005 83.94 9722 3/23/2005 164.91 9723 3/23/2005 110.50 9724 3/23/2005 206.59 9725 3/23/2005 76.19 9726 3/23/2005 76.19 9727 3/23/2005 122.19 9728 3/23/2005 1,192.46 11,483.88 823,143.33 2,002,093.92 5 City of National City Warrant Register # 38 3/29/2005 001 GENERAL FUND 892,682.32 104 LIBRARY FUND 31,924.95 105 PARKS MAINTENANCE FUND 18,089.80 109 GAS TAXES FUND 15,436.17 111 P.O.S.T. FUND 421.34 120 PLAN CHECKING REVOLVING FUND 6,253.84 125 SEWER SERVICE FUND 40,965.71 135 SD COUNTY REG AUTO THEFT TASK 2,693.19 147 GRANT -JUDGE PROGRAM 1,368.25 154 STATE PUBLIC LIBRARY FUND 1,022.06 171 LIBRARY SCHOOL DISTRICT CNTRCT 1,281.07 172 TRASH RATE STABILIZATION FUND 1,865.06 173 NATIONAL SCHOOL DIST CONTRACT 2,424.79 174 SWEETWATER SCHOOL DIST CONTRAC 5,155.02 188 GRANT - HIDTA 1,680.23 196 CAPITAL PROJECT RESERVE 574.00 211 SECURITY AND ALARM REGULATION FUND 1,283.33 212 PERSONNEL COMPENSATION FUND 32,606.44 222 WOW MOBILE GRANT FY 2000-2001 3,182.95 230 ABANDONED VEHICLE ABATEMENT GRANT 2,993.17 241 NATIONAL CITY LIBRARY STATE GRANT 464,534.85 242 N. CITY LIBRARY MATCHING FUND 250,134.15 246 WINGS GRANT 30,329.76 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 4,592.41 273 CBAG-MAJOR MEXICAN TRAFFICKERS 3,406.70 274 LITERACY INITIATIVE XIII 1,029.20 275 EASY VOTER GUIDE GRANT 374.72 276 LITERACY SERVICES YEAR 2 930.74 280 AMERICORPS/CNCS YEAR 2 GRANT 1,145.89 301 GRANT-C.D.B.G. 10,856.10 302 CDC PAYMENTS 32,535.40 307 PROPOSITION A" FUND 3,961.95 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRNT 4,750.00 552 TDA 3,648.92 626 FACILITIES MAINT FUND 17,897.16 627 LIABILITY INS. FUND 17,272.83 628 GENERAL SERVICES FUND 5,405.48 629 INFORMATION SYSTEMS MAINTENANC 20,294.69 631 TELECOMMUNICATIONS REVOLVING 9,790.81 632 GENERAL ACCOUNTING SERVICES 18,498.93 643 MOTOR VEHICLE SVC FUND 30,811.84 724 COBRA/RETIREE INSURANCE 5,987.70 Total 2,002,093.92 6 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE DIRECTOR CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19TH DAY OF APRIL 2005. AYES NAYS ABSENT MEETING DATE April 19, 2005 City of National City, California COUNCIL AGENDA STATEMENT 16 AGENDA ITEM NO. ITEM TITLE REPORT CONCERNING ENACTMENT OF AN ORDINANCE TO PROHIBIT THE USE OF TOBACCO PRODUCTS IN CITY OUTDOOR RECREATION AREAS AND FACILITIES PREPARED BY George H. Eiser, III ()4, DEPARTMENT City Attorney EXT. 4221 EXPLANATION Please see attached memorandum. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Direct staff as to preparation of ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum A-200 (Rev. 7/03) City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: Mayor and City Council DATE: April 7, 2005 FROM: City Attorney SUBJECT: Prohibition of Use of Tobacco Products in City Outdoor Recreation Areas and Facilities Currently, Section 6404.5 of the California Labor Code prohibits smoking in virtually all enclosed places of employment where more than five people are employed. That section pre-empts local regulation of smoking in enclosed places of employment. However, cities may still regulate tobacco products in other ways. National City has extensive regulations in Chapter 9.38 of the Municipal Code restricting the sale, display, and promotion of tobacco products or cigarettes to minors; prohibits smoking on public transportation vehicles in Chapter 10.23; and in Chapter 18.16 prohibits the location of any tobacco specialty shop within 1,000 feet of any school, playground, recreation facility, childcare center, or library. If, in addition to these existing regulations, it is the desire of the City Council to prohibit the use of tobacco or tobacco -related products in public outdoor recreation areas and facilities, the Council has the authority to do so. Section 10.52.010 of the Municipal Code currently prohibits a number of specified activities in any city park, playground, golf course, or recreation facility. This section could be amended to prohibit the following activities in any or all of these locations: • Possession of a lighted or burning tobacco product or tobacco -related product, including but not limited to cigars, cigarettes and pipes. • Use, including chewing of, tobacco or tobacco -related products. • Disposal of any lighted or unlighted tobacco or tobacco -related product in any place other than a designated waste disposal container. GEORGE H. EISER, III City Attorney GHE/gmo so Recycled Paper MEETING DATE April 19, 2005 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 17 / ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 2.60 PERTAINING TO PUBLIC CONTRACTS AND PURCHASING SYSTEM PREPARED BY Brenda Hodg- e DEPARTMENT Purchasing K 4570 EXPLANATION Please see attached memorandum. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum Ordinance A-200 (9:99) City of National City General Services Department Purchasing Division 2100 Hoover Ave., National City, CA 91950-6530 Ph: (619) 336-4570 Fax: (619) 336-4597 TO: Mayor and City Council FROM: Purchasing Agent SUBJECT: Amendments to Purchasing Ordinance National City Municipal Code Chapter 2.60 DATE: April 11, 2005 ISSUE Request to amend Purchasing Ordinance, Chapter 2.60 of the National. City Municipal Code for the purchase of supplies, services and equipment. The Ordinance was last revised in 1986, is outdated and in need of updating. BACKGROUND The Purchasing Ordinance, Chapter 2.60 of the National City Municipal Code was first adopted in 1975. It formed a centralized purchasing system for the purpose of: ➢ Establishing efficient procedures for the purchase of supplies, materials, equipment, and contractual and other services; ➢ Obtaining these goods and services at the lowest cost commensurate with the quality needed; ➢ Exercising positive financial control over purchases; ➢ Clearly defining authority for the purchasing function; and ➢ Assuring the quality of purchases. The Purchasing Code also defines the duties and authorities of the Purchasing Officer and details the various procurement methods legally required for implementation of the centralized purchasing system. With only the minor update in 1987, the formal bid limits were established at $15,000, and the Purchasing Agent's authority was limited to $1,500. The City Manager's authority was limited to $15,000. ® Recycled Paper THE NEED FOR CHANGE After thirty years, additional change is necessary to update our methods and bidding limits if we are to continue to realize our goals in an efficient and timely manner. The following areas were identified by staff for major change: > Current dollar limits and authority levels are restrictive and dated. > Decrease and streamline staff work by eliminating repetitive steps and processing time without related increases in benefits or cost savings. > Update and continue to utilize appropriate fiscal and operational controls. > Include use of new business solicitation techniques and technology. > Incorporate new cooperative purchasing programs available for government agencies. > Redefine and clarify authority for purchasing function in specific areas. > Allow for periodic review and adjustment for CPI. METHODOLOGY FOR CHANGE The major policies and procurement methods in our existing ordinance will remain unchanged as they still reflect current enlightened business practices. Staff developed initial recommendations for updated bidding limits and ordinance modifications. After review and conceptual approval by the City Manager, the recommendations were disseminated to the City Attorney and senior managers for input and comment from all departments. Several minor adjustments were made. All departments agreed that the new limits would allow us to streamline and operate in a more efficient and timely manner. Significant changes to the ordinance are shown in Attachment "A". IMPLEMENTATION After City Council approval, the proposed amended ordinance will be implemented. These changes will be incorporated into our existing Purchasing Manual and be used to train each department. Many city purchasing ordinances simply emphasize the low bid or the lowest cost with the minimum effort and minimum standards. This sometimes yields minimum or mediocre results. In National City, our ordinance emphasizes the maximum value for the public funds expended and high standards from our vendors' products and services. Our goals continue to be efficiency, lowest costs commensurate with quality of purchase, and contractual and consultant services. The ordinance functions as the Purchasing Agent's rule and guide book on a daily basis for the operation of this Staff Report 2 Ordinance Amending Chapter 2.60 April 19, 2005 Public Contracts and Purchasing System function citywide. The input and support from the City Council is critical to the success of this program for all City employees involved in the procurement process. SUMMARY Adoption of the proposed amendments to the purchasing ordinance will greatly enhance the Purchasing Agent's ability to operate a centralized purchasing system. These changes will update and modernize our system, provide new procurement tools and techniques to meet the challenges of the new century, and increase our ability to perform in a timely, efficient manner with greater responsiveness to our customers — the users and employees of the City as they strive to provide services to the citizens of National City. Respectively submitted, BRE DA E. HGES, C.P.M. Purchasing Agent Attachments A) Summary of ordinance changes with additions/deletions noted. This is for information and review purposes only. Staff Report April 19, 2005 3 Ordinance Amending Chapter 2.60 Public Contracts and Purchasing System 4/11/2005 ATTACHMENT "A" MAJOR CHANGES TO THE PURCHASING OR A. Goals Sections Affected 1 Improve or Increase Authority: Bid Limits 2.60.110, 2.60.210, 2.60.220, 2.60.230 C Cooperative Purchasing 2.60.260 Purchases approved during budget process 2.60.160 T Technology purchases 2.60.110 A Address These Issues: D Develop gender neutral language All B Build in a process for review/revision 2.60.280 H Handling of RFP's vs. RFB's 2.60.110 M Make the process less bureaucratic All B Be consistent with other cities All Effects of Eden System (forms, etc.) 2.60.040 Handling of Professional Services 2.60.010, 2.60.020, 2.60.250, 2.60.270 Electronic Commerce/Internet (bid lists, advert) 2.60.040, 2.60.120, 2.60.130 B. Major Changes Being Pro • osed: Current Ordinance Proposed Changes Section 2.60.010, 2.60.020, 2.60.250 'Professional E Exempts Services' Includes 'Professional Services' S Section 2.60.040 No authority to negotiate Authority to negotiate M Mandates award to low bid Allows award based on 'best value' Requires maintenance of hard -copy files Allows use of computer files and Internet No allowance for electronic data mgmt (EDM) Allows EDM in coordination with MIS and Finance Section 2.60.110 and 2.60.115 F Formal Bid limit: $15,000 Formal Bid limit: $25,000 C Competitive bid process may be waived by Council Process may be waived by City Manager No allowance for waiving the competitive process for technology purchases. Technology purchases may be waived to take advantage of fast changes in industry, special pricing, etc. A Allows technical specifications only Allows use of technical or functional specifications 1 Requires reference of one brand name when bids are Requires use of two brand names, when possible. S Section 2.60.120 11 Requires bids to be advertised in local newspaper Allows for use of print or electronic mediums S Section 2.60.130 12 Requires use of hard -copy bidder's lists Allows use of electronic formats Section 2.60.150 13 Original signatures required Allows acceptance of electronic signatures Section 2.60.160 14 Specifies award to low bidder Allows award based on 'best value' 15 Allows public review of all documents the at any point in Makes purchasing process. award. documents available for public review after 1 ATTACHMENT "A" MAJOR CHANGES TO THE PURCHASING ORDINANCE. 4/11/2005 I B. Major Changges Being Proposed (continued from page 1) _ Ordinance Proposed Changes Current Section 2.60.165 16 Didn't exist Procedures and timeline established for bid protests. Section 2.60.190 17 Tie bids awarded to local bidder Allows 'draw' when no local bidder is available. Section 2.60.035 18 Purchasing Agent authorized to award up to $15,000. City Council awards everything over $15,000 Purchasing Agent authorized to award up to $15,000. City Manager authorized to award up to $25,000. City Council awards everything over $25,000. S 19 Informal bid limit $1500.00 Informal bid limit raised to $2500.00 20 Vague 'sole source' language Definition of 'sole source', and authorization for use. 21 City council can waive bid process when in the city's best interest Within his contracting authority (up to $25,000), the City Manager can waive the bid process when in the city's best interest. 22 Standardization of commodities very vague Requires that any 'standard' be by written directive of the City Manager or by City Council resolution. S Emergency' purchases over $15,000 required to be r Departments can spend up to $500 for emergencies w Emergency' is defined as any threat to public health, safety and welfare. Determine ion of an d judgement and 'diemergency'be CiManagd er a on yn of the also the Purchasing Agent. S Cooperative purchasing limited to pricing available through other local agencies, when established via a b S Didn't exist New section to address Professional Service Agreements and Public Works contracts. City Manager can approve contract values up to $25,000. Council award required over $25,000. City Manager can authorize change orders equal to 10% of original contract value, or up to authorizied contracting authority. �1 _ ATTACHMENT "A" MAJOR CHANGES TO THE PURCHASING ORDINANCE. 4/11/2005 B. Maior Chan • es Being Pro • osed continued from page 22 Current Ordinance Proposed Changes S Section 2.60.280 28 Didn't exist New section to address Periodic Review and Adjustment of Ordinance and award authorities. Ordinance to be reveiwed annually and adjusted in accordance with the Consumer Price Index. Formal bid limits to be increased in $5,000 increments. Informal bid limits to be increased in $1000 increments. City Manager and Purchasing Agent award authorities to be adjusted accordingly. A All Sections 29 Assumed Purchasing Agent was male Ordinance sanitized to reflect gender neutral language ""*end*'* VI • ORDINANCE NO. 2005 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 2.60 PERTAINING TO PUBLIC CONTRACTS AND PURCHASING SYSTEM BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Chapter 2.60 is amended in its entirety to read as follows: Chapter 2.60 PUBLIC CONTRACTS AND PURCHASING SYSTEM Sections: 2.60.010 Purpose and Intent 2.60.020 Authority of city manager —approval authority 2.60.030 Purchasing agent--Designation--Authority 2.60.035 Establishment of bid limits and contracting and award authority 2.60.040 Purchasing agent --Powers and duties 2.60.050 Exceptions to centralized purchasing 2.60.060 Estimates of requirements 2.60.070 Requisitions 2.60.080 Purchase order --Encumbrance of funds 2.60.090 Standardization of supplies 2.60.100 Unauthorized purchases 2.60.110 Formal bidding procedure --Generally 2.60.115 Procurement Specifications and "Brand names" 2.60.120 Formal bidding procedure —Notice inviting bids 2.60.130 Formal bidding procedure —Bidder's list 2.60.140 Formal bidding procedure --Bidder's security 2.60.150 Formal bidding procedure --Bid opening 2.60.160 Formal bidding procedure --Compilation of bids and recommendations 2.60.165 Protests 2.60.170 Formal bidding procedure-- Action following recommendation 2.60.180 2.60.190 2.60.200 2.60.210 2.60.220 2.60.230 2.60.240 2.60.250 2.60.260 2.60.270 2.60.280 Formal bidding procedure-- Rejection of bids Formal bidding procedure --Tie bids Formal bidding procedure --Performance bond Open market procedure --Used when --Informal bidding required Open market procedure --Exception to bidding requirements Emergency purchases --By purchasing agent --Emergency defined Emergency purchases --Civil defense and disaster Services, supplies and equipment not governed by this chapter Cooperative purchasing Authorization and change orders for professional services agreements and public works contracts, and for previously authorized procurements Periodic review and Index Adjustments 2.60.010 Purpose and Intent. The City Council adopts a public contract and purchasing system through this chapter in order to establish efficient procedures for the purchase of supplies, equipment, materials and professional and other services at the lowest possible cost at the best value commensurate with the quality needed, to exercise positive financial control and assure quality of procurement and to dearly define the authority for purchasing and contracting functions. 2.60.020 Authority of city manager —Establishment of contracting authority. A. Centralized purchasing and contracting is established under the authority of the city manager for the purchase of supplies, equipment and professional and other services. The city manager shall have and may exercise all authority delegated in this chapter, and may further approve alternate methods of procurement on a trial basis and recommend changes to the city council regarding the city's procurement methods. B. The city manager shall have the authority to approve and execute contracts and awards as set forth in section 2.60.035. 2.60.030 Purchasing agent--Designation—Contracting Authority. A. Through the city manager, a purchasing agent may be designated to purchase supplies, equipment and services pursuant to this chapter on behalf of the city. The purchasing agent may assign employees to perform the functions and duties provided for in this chapter, with the concurrence of the city manager. B. Under the direction of the city manager, the purchasing agent shall have the authority to approve and execute contracts and awards as set forth in section 2.60.035. 2.60.035 Establishment of bid limits and contracting and award authority. A. Formal bid limits and requirements are established for purchases and contracts exceeding twenty-five thousand dollars ($25,000.00). Informal bid limits are established for purchases and contracts exceeding two thousand five hundred dollars ($2,500.00). 2005 Ordinance 2 Chapter 2.60 Public Contracts & Purchasing System B. The city manager shall have the authority to approve, execute and award purchases and contracts not exceeding twenty-five thousand dollars ($25,000.00). The purchasing agent shall have the authority to approve, execute and award purchases and contracts not exceeding fifteen thousand dollars ($15,000.00).The City Council shall, by resolution, approve all purchases and contracts exceeding twenty-five thousand dollars ($25,000.00). C. Bid limits and approval authority may be increased as provided in section 2.60.280, when approved pursuant to Ordinance. 2.60.040 Purchasing agent --Powers and duties. The purchasing agent shall have the following powers and duties: A. Negotiate, purchase and obtain supplies, contractual services and equipment used by the city in accordance with city and state law and the various rules, regulations and authority currently or previously prescribed by the city manager and city council; B. Procure for the city the needed quality in supplies, services and equipment at the best value to the city, utilizing such technical or functional specifications, or combination, as will best meet the city's requirements; C. Discourage uniform bidding and endeavor to obtain full and open competition on all purchases; D. Prepare and recommend to the city manager rules and regulations governing purchase of supplies, services and equipment for the city, and revisions as necessary; E. Keep informed of current developments in the field of purchasing, pricing, market conditions and new products, and secure for the city the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by private businesses and organizations; F. Prescribe and maintain such forms as are reasonably necessary for the operation of the purchasing system, and utilize electronic data processing and technology in the administration and discharge of procurement and contracting duties; G. Prepare and maintain a vendors' catalog file, or, as appropriate, utilize and maintain electronic database files and the Internet media for procurement; H. Exercise proprietary review over all purchases and make recommendations to the city manager as appropriate. I. Utilize electronic data management systems and programs in coordination with the finance and information management directors for requisition, invoice management and payment. J. Promulgate rules and procedures as may be necessary to implement this Chapter. 2.60.050. Exceptions to centralized purchasing. The purchasing agent, when authorized by the city manager, may authorize a department to directly purchase supplies and equipment when such purchases may be made more advantageously or expeditiously by the respective department. 2005 Ordinance 3 Chapter 2.60 Public Contracts & Purchasing System 2.60.060 Estimates of requirements. The purchasing agent may request all using city departments or offices to file detailed estimates of their anticipated requirements in order to take advantage of volume or selective buying. 2.60.070 Requisitions. City departments or offices shall submit requests for supplies, equipment and services to the purchasing agent on standard requisition forms prescribed by the purchasing agent. The purchasing agent shall examine each requisition and estimate and shall have the authority to revise it as to quantity, quality or estimated cost; provided, however, that any change in quality does not vary substantially from the standards of the using department or office. 2.60.080 Purchase order --Encumbrance of funds. Except in cases of emergency or when otherwise authorized by the city manager, all purchases, other than those made pursuant to section 2.60.050, shall be made by purchase order issued by the purchasing agent upon certification that: A. There is to the credit of each using department concerned a sufficient unencumbered appropriated balance in excess of all unpaid obligations to defray the amount of the order; or, B. The order is provided for in the budget of the using department or has been approved by city council resolution; or, C. Purchases of capital equipment and assets or services, if not provided for in the budget, have been previously approved by city council resolution. 2.60.090 Standardization of supplies. The purchasing agent shall standardize procurement of supplies, equipment and material in cooperation with using departments. 2.60.100 Unauthorized purchases. No city officer or employee shall order or purchase any supplies, equipment, materials or contractual services or make any contract within the purview of this chapter, except in accordance with the provisions of this chapter, the regulations and procedures established thereunder and the approval of the purchasing agent. Any purchase or contract made contrary to this chapter is null and void. 2.60.110 Formal bidding procedure --Generally. A. Except as provided in sections 2.60.110 (B) or 2.60.230, all city purchases exceeding the formal bid limit, as adjusted pursuant to section 2.60.280, shall be purchased only after a formal competitive bid process by formal written contract with the lowest responsible bidder submitting the best responsive bid, after due notice inviting bids. B. Formal competitive bidding may be waived by the city council, or the city manager within the limits of contracting authority, where it has been determined that: 1) competitive bidding is or would be impractical or impossible; 2) the circumstances are such that no obvious, ascertainable advantage to the city could result; or, 3) in the case of technology and computer systems and software acquisition, delay would unduly impair or jeopardize the city's ability to efficiently operate its data management systems. 2005 Ordinance 4 Chapter 2.60 Public Contracts & Purchasing System 2.60.115 Procurement Specifications and "Brand names". A. The purchasing agent shall ensure that the procurement of city systems and equipment is made by technical or functional specifications, or such combination thereof as the purchasing agent shall determine will best meet particular functional needs or objectives required by the city. The requesting department .shall be responsible for preparing adequate specifications, with the assistance of the purchasing agent when necessary. B. Specifications shall normally describe a system or commodity in terms of its dimensions, physical characteristics, performance criteria, system compatibility, maintenance objectives and requirements, adaptability criteria, and any other factors that will allow a particular item to be offered by a vendor at a stated price. Specifications may include reference to a brand name and type or model for illustrative purposes on an "or equal" basis. When described in an "or equal" manner, the description shall be construed as a term of specification which describes an item or component that has been evaluated by the city as best meeting the specific operational, design, performance, maintenance, quality, compatibility or reliability standards and requirements of the city, thereby incorporating these requirements by reference within the specification. Whenever possible, at least two brand names should be used for specification purposes, followed by the words "or equal". Exceptions to an "or equal" designation are permissible for replacement parts, for testing and evaluation purposes, or for system compatibility. A bid offering an equivalent ("or equal") shall be subject to evaluation by the city prior to award that the item meets the city's requirements. Any product testing shall be at the bidder's expense, and the burden shall be on the bidder to establish that the item meets the city's needs. The city reserves the right in its absolute and sole discretion to reject a proposed item that does not meet city requirements. C. Functional specifications may be issued to allow for a particular operational or functional need to be best met by current technology, without the need for specific description of each component. Specifications shall include, as applicable, the particular functions to be served or the results to be obtained, operational requirements, any fiscal, mechanical or structural constraints, and the operating environment. 2.60.120 Formal bidding procedure --Notice inviting bids. When formal bidding is required, a notice inviting bids for city specifications shall be published by the purchasing agent at least ten calendar days before the date set for the receipt of bids designated in the notice. All notices shall be published by the purchasing agent in a commercially reasonable manner, using any appropriate mediums of printed or electronic commerce which, in the opinion of the purchasing agent, are reasonably likely to ensure an optimum bidding process. 2.60.130 Formal bidding procedure --Bidder's list. The purchasing agent shall also solicit bids from all responsible prospective suppliers who have requested to be placed on a bidder's list. The bidder's list may be kept in an electronic format. 2005 Ordinance 5 Chapter 2.60 Public Contracts & Purchasing System 2.60.140 Formal bidding procedure --Bidder's security. The purchasing agent may require each bidder to post security in a predetermined amount in cash, certified or cashier's check, surety bond or in any other form of security approved by the city attorney. If a bidder's security is required, no bid shall be considered submitted until the required security is submitted therewith. All bidders' security is refundable, except that a successful bidder shall forfeit the deposited security if the bidder fails to execute a contract within ten calendar days after notice of award has been mailed or given, or fails to otherwise complete the transaction. 2.60.150 Formal bidding procedure --Bid opening. Bids shall be submitted to the purchasing agent or designate. Bids may be opened in public, when so designated by the purchasing agent in the public notices. All bids must be signed by an authorized signatory of the bidder. The purchasing agent may accept electronic or facsimile signatures on electronically submitted bids, when followed up by receipt of an original signature. 2.60.160 Formal bidding procedure --Compilation of bids and recommendations. A. The purchasing agent shall compile the bids and submit them to the city manager together with a recommendation for award, taking into consideration any recommendation of the department head involved, the amount of bid, compliance with specifications, the responsibility of bidder, and any other factors that determine the best value and optimum procurement for the city. In determining the responsibility of the bidder to perform and provide best value, the purchasing agent will be guided by, but not be limited to, a consideration of the following factors: 1. The experience of the city in dealing with the bidder; 2. The experience of other governmental agencies in their previous transactions with the bidder; 3. Knowledge of the quality and fitness of the product offered by the bidder, substantiated by reports of using departments within the city or other governmental agencies, whenever possible; 4. The availability of options to renew contracts for continuing purchases at the same bid price, in those circumstances where price increases are expected or have been experienced in the past; 5. A determination as to whether the quoted price represents "best value" for the city, and is both realistic and feasible in terms of vendor performance and potential city satisfaction. "Best value" shall include consideration of sales tax rebate, when applicable, warranty protection, costs of maintenance and availability of parts and services. B. Within the limits of their contracting authority, the city manager or the purchasing agent may reject any or all bids or accept a part of a bid for any one or more commodities or contractual services included in the proposed contract, when it is determined that the public interest will be best served thereby. The purchasing agent may waive any irregularity in bid submission when it is in the best interests of the city to do so. 2005 Ordinance 6 Chapter 2.60 Public Contracts & Purchasing System C. Upon compliance with the formal competitive bidding process, the city manager is authorized to award and execute contracts within established approval authority, and any contracts exceeding that authority for a procurement previously authorized in the budget or by resolution of the city council. D. The city manager shall forward the compilation of bids and recommendations with respect to any awards exceeding his or her authority to the city council for review and award. E. Documents submitted by bidders shall not be available for public review until the purchasing agent or city manager awards the contract, or a recommendation is forwarded by the city manager to the city council for award. 2.60.165 Protests. Protests concerning an award or proposed award may be presented by an unsuccessful bidder to the purchasing agent in writing, only within the five days following the announcement of award or the bid opening, whichever shall occur last. Any protest filed after that time shall be invalid and shall be disregarded. A protesting bidder must submit complete supporting documentation at the time of protest. The purchasing agent shall determine whether the protest is justified, and may either amend or rescind the award, if justified, and take no action when the protest is not justified. The decision of the purchasing agent shall be final regarding the recommendation for the award of the contract, except that the city manager may review and take further action on any timely filed protest, or forward the protest to the city council when authority for award rests with the council. 2.60.170 Formal bidding procedure— Action following recommendation. The city council, or the city manager within authorized limits, may award a contract to the lowest responsible bidder submitting the best value bid that optimally meets the city's criteria in all respects. The decision to select the lowest responsible bidder shall be administratively final at the level where the award of the contract is authorized. 2.60.180 Formal bidding procedure-- Refection of bids. The city council, or the city manager within authorized limits, may reject any or all bids and authorize the readvertising of bids or, in the alternative, purchase commodities or services pursuant to the open market procedure set forth herein, when any of the following circumstances are found to exist: A. That the supplies or services may be purchased at less cost in the open market; B. That the services or supplies are urgently required for the preservation of life, health or property or that the public interest would be best served by using the open market procedure; or, C. That the city manager within contracting authority, or the city council by resolution, has determined that it is in the city's best interests to do so. 2.60.190 Formal bidding procedure --Tie bids. In the event two or more bids are received which are for the same total amount or unit price and in all other respects are equal, the contract may be awarded to a local bidder, or by draw when there is no local bidder or more than one local bidder is available. 2005 Ordinance 7 Chapter 2.60 Public Contracts & Purchasing System 2.60.200 Formal bidding procedure --Performance bond or security. The purchasing agent may require a performance bond or other form of security in an amount reasonably necessary to protect the best interests of the city. If a performance bond or security is required, the form and amount shall be described in the notice inviting bids. 2.60.210 Open market procedure —Used when informal bidding required. Purchases of supplies, services and equipment of an estimated value not exceeding the formal bid limit, as adjusted pursuant to section 2.60.280, may be made by the purchasing agent in the open market without observing the formal bidding procedure prescribed in Section 2.60.110 through 2.60.200. However, informal bidding shall be required, and, whenever practicable, shall be based on at least three bids, and be awarded to the lowest responsible bidder submitting in all respects the best bid for best value. When it is not practicable or possible to obtain bids from at least three vendors, the purchasing agent may then select the lowest responsible bid from those available and qualified vendors submitting responsive bids. The purchasing agent may solicit bids by direct mail request to prospective vendors, by telephone, by public notice on a bulletin board in the civic center, by any feasible electronic medium, or by any combination of the preceding. The purchasing agent shall keep a record of all purchases in accordance with the city records retention schedule, and such records shall be open to public inspection. 2.60.220 Open market procedure --Exception to bidding requirements. In any of the following instances, the city manager or purchasing agent may dispense with the requirements of bidding when any of the following applies, provided the circumstances are completely documented: A. The estimated amount involved is Tess than the informal bid limit; B. The commodity, regardless of value, can be obtained from only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also be used when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet an urgent city procurement need. C. The commodity or service to be procured, regardless of value, is required to integrate with or be compatible with existing furnishings, materials, systems, programs or equipment and the procurement can be timely made from a manufacturer or supplier who previously satisfactorily supplied the particular commodity or service. D. The purchasing agent or city manager within the limits of contracting authority, or the city council by resolution, determines by best business judgment that due to special circumstances it is to the city's best interest to purchase a commodity directly or enter into a contract without compliance with the bidding procedure; or, E. Due to the exigencies and availability of state and federal grants, immediate action is necessary to take advantage and allow receipt of those grants for procurement of equipment, materials or services, and compliance with the normal time limits established within this chapter would therefore be impossible or impracticable; 2005 Ordinance 8 Chapter 2.60 Public Contracts & Purchasing System provided, however, that the city manager shall notify the council at the first available opportunity thereafter; or, F. A particular type or make of commodity, furnishing, and type of material, system or equipment has been standardized by the city manager or city council by written directive or resolution. 2.60.230 Emergency purchases --Emergency defined. A. In case of an emergency which requires immediate purchase of supplies, materials, equipment or contractual services, the city manager may authorize the purchasing agent to secure in the open market at the lowest obtainable price any supplies, materials, equipment or contractual services, regardless of the amount of the expenditure, provided, however, that any expenditure exceeding the city manager's established approval authority shall be later ratified by resolution of the city council after the emergency is resolved. B. In case of emergency, and when the prior consent of the purchasing agent or city manager is impracticable, any using department may purchase directly any supplies, materials or equipment without competitive bid, provided that the immediate procurement is essential to prevent delays in the work of the using department which may affect the life, health or convenience of citizens. The head of the using department shall send the purchasing agent a requisition and a copy of the delivery record, together with a full written explanation of the circumstances of the emergency as soon as the emergency has been resolved, which shall thereafter be filed by the purchasing agent as a permanent public record of the purchase. The city manager's signature shall be required on all procurements exceeding the formal bid limit, and the city council's action by way of ratification shall be required for all procurements exceeding the city manager's authority. C. Determination of an "emergency" under this section shall be defined as any breakdown in machinery or equipment, the interruption of an essential service, or any threat to public health, safety or welfare. Determination of emergency shall not require a formal proclamation, but shall be based upon the sound judgment and discretion of the city manager or purchasing agent, as applicable. 2.60.240 Emergency purchases --Civil defense and disaster. Nothing contained herein shall limit the authority of the director of emergency services to make emergency purchases and take such other emergency steps as are or may be authorized by the city council 2.60.250 Services, supplies and equipment not governed by this chapter. The following services, supplies and equipment shall not be subject to the competitive bidding provisions of this chapter, except that the procurement and contracting authority based on the monetary limits specified in this chapter shall also be applicable to the authority to execute contracts for such procurements. A. "Public projects" as defined in Section 20161 of the California State Public Contract Code; B. Utility services and related charges; C. Work or services performed by another public or quasi -public entity; D. Real property purchases and related title and escrow fees; 2005 Ordinance 9 Chapter 2.60 Public Contracts & Purchasing System E. Credit card purchases of gasoline, oil or emergency automotive needs; F. Transportation and freight charges when not specifically included on a purchase order; G. Insurance and bond premiums; H. Advertising; Real property leases; J. Demolition or abatement of dangerous structures or hazardous or unsafe conditions; or, K. Professional services agreements governed by section 2.60.270. 2.60.260 Cooperative purchasing. The purchasing agent shall have authority to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the city. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the city's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the city had not initially joined with that public agency in the cooperative purchase. 2.60.270 Authorization and change orders for professional services agreements and public works contracts, and for previously authorized procurements. In addition to the authority granted for procurement of supplies and equipment, the city manager is authorized to execute public works contracts, agreements for professional services for architectural, engineering, environmental, land surveying or construction project management pursuant to Section 4526 of the Government Code, and agreements for services of other professionals required for the proper, efficient administration of the city. The city manager shall approve and execute all contracts according to the limits of the manager's approval authority established in section 2.60.035, and may approve change orders for previously authorized procurements of supplies and equipment, professional services agreements, and public works contracts in amounts not exceeding an aggregate of ten percent (10%) over the original authorized contract price or the limits established in section 2.60.035 for the city manager, whichever is greater, without prior city council approval. Engagement of qualifying professional vendors shall be based upon demonstrated competence and the qualifications necessary for the satisfactory performance of the city's requirements in accordance with the procedures set forth in the document entitled "Procedures for Selection of Professional Services Firms" on file in the office of the city clerk. 2.60.280 Periodic review and Index Adjustment. The bid limits for formal and informal bidding and award and the authority of the city manager and purchasing agent may be adjusted annually in response to the San Diego -All Urban Consumers Consumer Price Index (CPI). The purchasing agent shall calculate the effect of the cumulative change in the CPI to authorized bid limits. Adjustments to the formal bid limit will be made in five thousand dollar increments whenever the calculated value 2005 Ordinance 10 Chapter 2.60 Public Contracts & Purchasing System exceeds a previously set limit by more than twenty-five hundred dollars. Adjustments to the informal bid limit will be made by one thousand dollar increments whenever the calculated value exceeds a previously set bid limit by more than five hundred dollars. The contracting authority of the city manager and purchasing agent and other limits set forth in this chapter may be adjusted upwards accordingly, pursuant to Ordinance. PASSED and ADOPTED this 15th day of February, 2005. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2005 Ordinance Nick Inzunza, Mayor 11 Chapter 2.60 Public Contracts & Purchasing System MEETING DATE April 19, 2005 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 18 (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 2.01.020 PERTAINING TO THE POWERS AND DUTIES OF THE CITY MANAGER L PREPARED BY Rudolf Hradecky, Es EXPLANATION DEPARTMENT City Attorney pit EXT. 4222 This ordinance will amend Section 2.01.020 of the Municipal Code pertaining to the Duties and Authority of the City Manager. Subsection "T" is added to allow the City Manager to approve, issue and execute contracts and agreements on behalf of the City, except as otherwise provided by ordinance or resolution. This coordinates with another proposed ordinance which amends Chapter 2.60 dealing with "Public Contracting and Purchasing", where contracting limits of $25,000 are delegated to the City Manager. Subsection "U" is added to allow the City Manager to reject claims against the City, and, with the concurrence of the City Attorney, to compromise or approve such claims up to a limit of $25,000. Subsection "V" is added to grant the City Manager the authority to approve change orders in an amount not to exceed 10% over the original contract price or $25,000, whichever is greater, and to delegate such authority. ( Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. / STAFF RECOMMENDATION Approve Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed Ordinance. A-200 (Rev. 7/03) ORDINANCE NO. 2005 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 2.01.020 PERTAINING TO THE POWERS AND DUTIES OF THE CITY MANAGER BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: That Title 2 is amended by amending Chapter 2.01, Section 2.01.020 to read as follows: 2.01.020 Powers --Duties. The city manager shall be the administrative head of the city government under the direction and control of the council, except as otherwise provided by ordinance. The city manager shall be responsible to the city council for the efficient administration of all the affairs of the city which are under the city manager's control. In addition to the city manager's general powers as administrative head, and not as a limitation thereon, it shall be the duty and the city manager shall have power: A. To see that all laws and ordinances are duly enforced; B. To employ, discipline or remove all heads of departments and all subordinate officers and employees of the city, to transfer employees from one department to another; and to consolidate or combine offices, positions, departments, or units under the city manager's jurisdiction with the approval of the city council in each instance. Nothing herein contained shall apply, however, to the city clerk, city attorney, or city treasurer; C. To exercise control over all departments and divisions of the city government and over all appointive officers and employees thereof subject to the approval of the city council, except as herein provided; D. To attend all meetings of the council and its committees unless excused therefrom by the council or the committee and except when the removal of the city manager is under consideration by the council; E. To recommend to the council for adoption such measures and ordinances are deemed necessary or expedient; F. To keep the city council at all times advised as to the financial conditions and needs of the city; G. To prepare and submit to the city council the annual budget; H. To prepare and recommend to the city council a salary plan; To purchase all supplies for all of the departments or divisions, and no expenditure shall be submitted or recommended to the city council except from report or approval of the city manager. The city manager may delegate the provisions of this subsection; J. To make investigations into the affairs of the city or any department or division thereof or any contract, or the proper performance of any obligation running to the city; K. To investigate all complaints in relation to all matters concerning the administration of the government of the city and in regard to the service maintained by public utilities in the city, and to see that all franchises, permits and privileges granted by the city are faithfully observed; L. To exercise general supervision over all public buildings, public parks, streets and other public property which are under the control and jurisdiction of the city council; M. To prepare and submit to the city council an organization chart showing the organization plan for all departments of the city government; N. To issue on behalf of the council all licenses and permits not otherwise provided for by ordinance; O. To superintend the construction of all public work within the city; P. To develop and organize accessory public improvement projects and assist the city council and the various departments in carrying the same through to successful conclusion; Q. To serve as public relations officer of the city government and to follow through and endeavor to adjust all just complaints filed against any employee, department, division, or service thereof; R. To make and keep up to date an inventory of all property, real and personal, owned by the city; S. To receive and open all mail addressed to the city council and give immediate attention thereto to the end that all administrative business referred to in said communications and not necessarily requiring councilmanic action, may be disposed of between council meetings; providing that all actions taken pursuant to such communications shall be reported to the city council at its next meeting thereafter; T. To approve, execute and issue all contracts and agreements or amendments thereto in an amount not to exceed twenty-five thousand dollars ($25,000), except as otherwise provided by ordinance or resolution, and to delegate that authority; U. To reject claims and demands against the City and, with the concurrence of the City Attorney, approve, settle or compromise such claims and demands in amounts not to exceed twenty-five thousand dollars ($25,000); V. To approve change orders for previously authorized procurements of supplies and equipment, professional services agreements and public works contracts in amounts not exceeding an aggregate of ten percent (10%) over the original authorized contract price or twenty-five thousand dollars ($25,000), whichever is greater, without prior city council approval, and to delegate such authority. PASSED AND ADOPTED this day of , 2005. ATTEST: Michael Dalla, City Clerk 2005 Ordinance 2 Nick lnzunza, Mayor APPROVED AS TO FORM: Georg�iser, III, City Attorney Powers and Duties of City Manager City of National City, California COUNCIL AGENDA STATEMENT ,FETING DATtPril 19, 2005 AGENDA ITEM NO. 19 ITEM TlTLERequest for approval to install 28 additional streetlights at various locations identified by the Police Department and Neighborhood Councils and 11 additional solar lights for two alleys, Granger Music Hall and City parks funded from $114,000 in State Grant Funds for solar lights ane •,500 in General Fund for streetlights. PREPARED BYKathleen Trees, Director EPARTMENT Building & Safety Roberto Saucedo, Directoi!� Public Works EXPLANATION See staff report. Environmental Review Financial Statement X N/A Approved By: C.' $8,000 available for installation and $19,200 for on going utility costs for streetlightniTTO'I!°t°' 409-000-516-0000. $114,000 in State grant funds available for alley lights in 256-413-000- 554-0000. Account No. STAFF RECOMMENDATION Approve the additional street light and solar light locations. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Staff Report Street Light Locations Street Light Policy A-22000 99j Resolution No. Solar Light Example STAFF REPORT PROBLEM Crime remains a concern in many areas of National City. It is the number one priority of the City Council. Areas on the street that are dark at night attract drug dealers, vandalism, prostitution and the homeless. Dark alleys are also a target for graffiti and dumping of trash. Residents with garages on the alleys many times do not feel safe at night in a dark alley when returning home. The City Council, Neighborhood Councils and staff have recognized the need for better lighting in these areas to prevent crime. With this in mind, the City Council approved additional funds in the 04-05 budget for street lights. In addition, the City Council on March 18, 2003 also approved a State grant application to purchase solar lights for some of the alleys. BENEFITS OF INCREASED LIGHTING A reduction in crime is a benefit to both the citizens of National City and the City. The police department will be in a better position to control the criminal activity that occurs in these areas. In addition, a reduction in graffiti and dumping in the alleys will reduce the amount of time City staff must spend removing objects and graffiti from the alleys. Citizens will feel safer with better lighting on both the streets and in the alleys. TARGETED LOCATIONS City staff together with the police department and concerned citizens (through the Neighborhood Council program) identified fifty (50) locations where additional lighting is needed. These locations are listed on Attachment "A" and each was evaluated for conformance with City Policy 706, which provides guidelines for the installation of streetlights in the City Of National City (see Attachment "B"). This evaluation revealed that eleven of the fifty locations meet the Council Policy and immediately staff requested SDG&E to install these lights. The other thirty-nine (39) locations did not meet the Council policy or no SDG&E pole exists such that a light could be installed. Staff is requesting that the City Council approve these additional locations and authorize the City Manager to direct staff to install either a solar powered light or request SDG&E to install the required pole so a streetlight can be installed. COSTS Streetlights are installed by SDG&E at no charge when there is an existing pole for the light to be mounted on. There is an on -going cost for the electricity fee, which currently is about $250 per year per light. 1 If there is no existing pole on which to mount the streetlight, then staff can request SDG&E to install a utility pole, provided the location is close enough for a single wire span. In such cases, there is a nominal monthly fee for the pole. If the span is longer and needs more than one wire, the City would have to pay for the extra materials. If the span to a requested light crosses over private property, SDG&E would need to acquire an easement from the property owner, which usually costs the City between $500 and $800. There is always the possibility the property owner affected could refuse to grant the easement. If no pole can be erected, then staff proposes to install solar powered streetlights. The cost to install such units is estimated to be about $5,000 each. These units, will be installed in most alley locations. The 04-05 budget has $27,200 for the installation and utility charges for street lights. The Council budgeted $19,200 (76 lights) in ongoing energy costs and $8,000 in one- time costs for installation. SDG&E has been requested to install 11 lights that meet the Council policy. There are an additional 17 locations that are high priority for the police department, but that do not meet the policy guidelines. There are 11 additional requests from residents that do not meet the policy. Staff is recommending that the City Council approve the additional 28 locations. At this point, Staff is unable to ascertain the total cost to implement this streetlight program as SDG&E costs are undetermined However, Staff is confident that these funds will be sufficient to cover the installation and energy cost of the proposed program. There are 2 locations that are high priority and located in alleys and do not meet the policy guidelines. In addition, the Community Services Department is requesting 5 lights for various locations in the parks and the Historical Society is requesting 4 lights for their parking lot, which is City property. There is $114,000 in grant funds for solar alley lights. Each light costs about $5,000 installed with no ongoing utility costs. The City could purchase approximately 20 lights. The Building & Safety Department is beginning an alley clean up program in conjunction with CDC and Public Works. The remaining 9 solar lights would be placed in those alleys that have the highest incidence of homelessness, crime and graffiti as determined by this program or in locations on the street where it is not feasible to have SDG&E install a regular street light. An example of a typical solar light is included in Attachment "C". 2 Attachment A LOCATIONS IN ACCORDANCE WITH POLICY 706 HIGH PRIORITY FOR POLICE DEPARTMENT The following locations were in accordance with City Council Policy 706, poles were available for installation and SDG&E has been notified. One light has been installed. SDG&E is not able to give the City a timeline of when the other lights will be installed. With the exception of 1 resident request, these locations are high priority for the police department. New Street Light Location Problem 2337 F Ave Gang area, vehicle burglaries, narcotics sales SE Corner of 18th & 0 Traffic and overall crime SW Corner of 9th & C Rape Corner of 24th & G High gang activity on 2300 block of G, gang area, vehicle burglaries and narcotics sales on 600 and 700 block of 24th St. Cul-d-sac next to 2205 10th St Dark area with traffic problems In front of 1116 1st St Resident request In front of 420 T Ave Auto theft activity Corner of 9th & C Overall crime potential (very dark) In front of 302 W 19th St. Homeless, gangs, graffiti 2 lights 400-700 blocks of Q Gangs, transients, overall crime The following location is in accordance with City Council Policy 706 and CDC will install the light. This location is a high priority for the police department. New Street Light Location Problem 817 Eta next to Delta Street Gang crime 1 LOCATIONS NOT IN ACCORDANCE WITH POLICY 706 HIGH PRIORITY FOR POLICE DEPARTMENT The following locations are not in accordance with City Council Policy, poles are available for installation and the locations are high priority for the Police Department. New Street Light Location Problem 1341 Coolidge Resident request 1400 Roosevelt Resident request 400 W 15th St Resident request 440 W 18th St Resident request 1900 Wilson Ave Resident request 1400 — 1700 Coolidge High narcotics and gangs 1700 N Ave Gang house, narcotics area, previous murder 700 R Ave Stolen vehicle drop off 1507 Coolidge Ave SE corner Gang house 1600 E 18th St Gang house 1827 E 18th St. Gang house The following locations are not in accordance with City Council Policy, poles are not available for installation and the locations are high priority for the Police Department. New Street Light Location Problem 800 — 900 B Ave High narcotics, parolees and gangs 1800 Wilson Resident request 1900 J Ave Gang area 2100 G Ave Very high gang activity 1911 E 20th St. Gang house 2 LOCATIONS NOT IN ACCORDANCE WITH POLICY 706 — CONT. HIGH PRIORITY FOR POLICE DEPARTMENT The following locations are not in accordance with City Council Policy, poles are not available for installation, power is not available and the locations are high priority for the Police Department. New Street Light Location Problem 1000 — 1100 B Ave Domestic violence safe house, high narcotics, parolees and gangs The following alley locations are not in accordance with City Council Policy and the locations are high priority for the Police Department. Solar lights would be used and paid for with grant funds. New Street Light Location Problem Alley behind 111 E 5th 2300 Highland — east alley Resident request — prostitution High level of transients, vandalism, gangs and drinking in public 3 LOCATIONS NOT IN ACCORDANCE WITH POLICY 706 NOT HIGH PRIORITY FOR POLICE DEPARTMENT The following locations are not in accordance with the City Council Policy, poles are available. New Street Light Location Problem 900 Fig Court Auto theft activity 400 Harding Resident request 3100 E Ave (N side Stein Farm) Dark E Ave in front of school Resident request — very dark D Ave next to drive-in Potential for sexual assaults 1720 Highland Ave. High narcotics National City Blvd. High prostitution 3125 Roosevelt Resident request 1900 L Ave Resident request The following locations are not in accordance with the City Council Policy, poles are not available. New Street Light Location Problem 400 — 600 Hoover Stolen vehicle drop off 2800 — 2900 Roosevelt Resident request The following are not in accordance with the City Council Policy, solar lights purchased with grant money would be used. Granger Music Hall parking lot - 4 lights Dark, homeless, dumping trash Kimball Park - parking lot behind City Hall and behind Kimball Recreation Center Swimming pool south side In front of Camacho Gym At El Toyon Rec Center 4 TITLE: CITY COUNCIL POLICY B Y STREET LIGHT POLICY ADOPTED: February 24, 1987 AMENDED OR REVISED: January 17, 1989 Pur ose POLICY NUMpER:706 The establishment of criteria for street lightingPage 1 of in streets and alleys. Po--li X A. All signalized intersections shall be least two and preferably four 250-watt HPS lights. C. That residential and commercial streets are as designated on the attached sheet which conforms with the National City General Plan. B. That local streets and arterials and collector streets are as designated on the attached sheet. Such definitions are in accordance with the General Plan. D. That the standard light for local residential streets shall be a 150-watt High Pressure Sodium light and the standard interval between these lights shall be 400 feet. Normally, lights will be placed on alternating sides of the street unless this practice is prohibited by power distribution pole location. In cases where streets end in cul-de-sacs, a light will be considered warranted if the closest street light is 300 or more feet away. E. That the standard street light for residential arterial and collector streets shall be a 200-watt High Pressure Sodium light and the standard interval between these lights shall be 400 feet. F. That the standard street light for commercial arterial and collector streets shall be a 200-watt High Pressure Sodium light and the standard interval between these lights shall be 400 feet. G. That present street lighting is to e appropriate and will not bechanged �withoutdspecific requests q by residents. This to include the replacement of policy shall lightsbe extendedit existing with n : ♦ .. [ LI .. • : - - I n • CITY COUNCIL POLICY TITLE: STREET LIGHT POLICY POLICY NUM8ER:706 ADOPTED :February 24, 1987 AMENDED ORREVISED: January 17 1989 Page 2 of 5 similar or equal substitutes unless a specific request for alteration has been made to the Public Works Department. The only exception to this policy is that replacement of Mercury Vapor lights with High Pressure Sodium Vapor lights of approximately equal lumen intensity is authorized. H. That staff is authorized to cause lights to be installed at shorter intervals when, in their opinion, the additional light is warranted by the unusual characteristics of the particular location (vertical curve, dense tree growth, etc.). I. That if a resident requests additional street lighting and is refused by staff, staff will provide the Council with the resident's request and the basis for their denial of it within three working days. J. That staff is authorized to deviate from the above standards by as much as 100 feet in order to place as many additional lights as practical at intersections. Such deviation will not be considered as requiring the justification to Council mentioned in subparagraph I above. K. That staff is authorized to install or have installed upon resident request a maximum of 120 additional street lights per year for a period of five years, which should bring the city up to the standards mentioned in subparagraphs D, E, and F above. Staff is hereby directed to ensure that adequate funding for these additional street lights is contained in account 001-422-221-235 budget submissions. L. That requests for street light installation in public alleys will normally be denied unless there are existing SDG&E distribution poles in the alley which can support the requested street light. In the event that there are distribution poles in the alley, staff can order the installation of a light if the criterion established in paragraph D is met. The requirement to L Al .. L : - - - 1 ! CITY COUNCIL POLICY TITLE: STREET LIGHT POLICY POLICY NUMBER: 706 ADOPTED: February 24, 1987 AMENDED OR REVISED: January 17, 1989 Page 3 of 5 notify City Council of denial of a street light request detailed in paragraph I also applies to requests for light installation in alleys. Any light ordered installed in an alley shall be a 150-watt High Pressure Sodium Vapor (HPSV) lamp. i 1 v i+ f ►.l o i i ,- n o I (` : a .. CITY COUNCIL POLICY TITLE: STREET LIGHT POLICY POLICY NUMBER: 706 ADOPTED: February 24, 1987AMENDED OR REVISED: January 7, 1989 COMMERCIAL National City Blvd. Highland Avenue Plaza Boulevard (most) Eighth Street (most) 24th St. west of Highland 30th/Sweetwater Road (most) Tidelands Avenue Wilson Avenue Harbor Drive Hoover Avenue Euclid Avenue (Plaza-8th only, otherwise primarily designated for residential use) 16th Street (primarily designated for residential use) 18th Street (primarily designated for residential use) RESIDENTIAL All other Page 4 of 5 COLLECTOR/ARTERIAL LOCAL Division Street 4th Street 8th Street Plaza Boulevard 16th Street (N.C. Blvd to east city limit) 18th Street (I-5 to east city limit 24th Street (except Grove to Prospect and east of Van Ness 30th/Sweetwater Road (except west of Hoover) Highland Avenue National City Blvd. (including Osborn St.) Euclid Avenue Tidelands Avenue Civic Center Drive All other (`if , of N7f inns I !`I+., CITY COUNCIL POLICY T I T L E: STREET LIGHT POLICY ADOPTED: February 24, 1987 AMENDED OR REVISED: January 17, 1989 POLICY NUMBER: 706 Page 5 of 5 Harbor Drive Harbison Avenue (Division to 16th) Palm Avenue 19th Street (Tidelands to I-5) Cleveland (Civic Center Drive to 24th) Wilson (Civic Center Drive to 24th) Coolidge (Plaza to 18th) Hoover (18th to 33rd) 33rd (Hoover to National City Blvd.) Roosevelt (Division to 16th) West Avenue Main Street "D" Avenue (Division to 30th) "L" Avenue (16th to 30th) Granger (18th to Leonard) Rachael (18th to 20th) Manchester Street Reo Drive (proposed Rt. 54 to Sweetwater) City of National City Solar Div. Products Attachment C Solar Light Example HLS-35E in operation at night in parking lots. HLS-35E daytime (Pacific Northwest.) Daytime picture ora typical HLS-35E installation http://www.eagle-lmfg.com/Solar%20Home%20Page.htm 11/22/2004 City of National City, CalifornEa CO NCH- AGEN A STATEMENT MEETING DATE April 19, 2005 AGENDA ITEM NO. 20 ITEM TITLE City Hall Work Schedule Update - "9/80" PREPARED BY Ryan Hyland (i` Phone: 336-4300 DEPARTMENT Human Resources EXPLANATION On June 12, 2004, City Hall began offering extended hours of operation in conjunction with on alternating Fridays. City Hall is now open 7:30 a.m. to 5:30 p.m. with closures on every other Friday. This report provides a short background on the program, information on the effectiveness of the new schedule, and challenges that the schedule has presented. Also included are future plans for maintaining the effectiveness of the schedule, including another round of public information efforts and other fine tuning opportunities. Background: The City's primary function is to service the needs of the community of National City. The 9/80 schedule was implemented to provide flexibility for both customers and employees, while insuring that City service levels, work turnaround time, productivity and office operations were not adversely affected. Implementation of the 9/80 schedule did not affect Police and Fire public safety services or the hours for the Library, Pool, Senior Center, Camacho Gym, or El Toyon. Schedules for these services and facilities remained unchanged, as did Parking Enforcement, Transit Services and Graffiti Removal services. The principal reason for implementation was to benefit the public through extended hours of accessibility at City Hall. An extensive multi lingual public information effort was undertaken to inform the community prior to the new schedule's implementation in June 2004. Continued on Pape 2 Environmental Review ✓ N/A Financial Statement The City has experienced no significant financial issues related to 9/80. Account No. STAFF RECOMMENDATION Direct staff to continue to monitor the program and undertake further public information efforts. Report back to Council in July 2005. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. A) Side letter to current Memorandum of Understanding between the City and the MEA regarding 9/80 A-200 (9/80) Page 1 of 4 EXPLANATION (contnued) Effectiveness of program: In the Memorandum of Understanding which outlines the details of the 9/80 work schedule, the City outlines four categories that will be monitored annually. These categories and general observations for each are listed below: Public Accessibility: Our customers are using the extended daily hours now provided, and this is the largest measure of the program's success. All departments have customers who utilize the extended hours, but departments that provide development services have seen the most usage. One example of this usage is in the Building and Safety dept where, previous to the new schedule, contractors were lined up at the door waiting for the City to open every morning. The new City schedule enables these customers to be more efficient with their workday. The Department has also seen a benefit to residential customers who frequently use the evening extension to discuss remodels, additions, and housing complaints. In addition to personal visits to City Hall phone coverage has also proven valuable to customers during the early morning and late evening hours. The Planning Department reports that their customers have come to expect phone service starting at 7:30 a.m. each morning. The department is also seeing increasing counter activity during the extended portion of the schedule as public awareness of the schedule continues to increase. The additional public service hours are appreciated by the City's customers, and departments report customers frequently refer to the "convenience" of being able to take care of business outside of the traditional 8-5 workday. The accessibility provided by the schedule has proven beneficial to customers in all City departments. Operational Impacts: One goal of 9/80 was to implement a work schedule that would provide flexibility without adversely affecting the operations of the City. Through careful planning efforts, the City was able to implement the new schedule without disrupting internal or external operations. Employee work schedules were methodically shifted to implement 9/80, and the City has been successful in maintaining the same or enhanced levels of service with no significant operational impacts. Building inspections, permit processing, agenda production, payroll processing, and the numerous other operations the City undertakes have all been successfully transitioned to the new schedule. One large issue prior to implementation was ensuring that the new schedule would have no significant effect on current overtime practices, and this has been successfully accomplished. The City has been able to adjust operations to fit within the new schedule and has done so without additional costs or negative impacts on services. Community Acceptance.: Our experience has followed that of other cities that have implemented the new schedule and we have received limited negative feedback from our customers. The initial campaign to infoim the community (including our residents and the many vendors that rely on our services) of the new hours was likely a large reason for the general acceptance and awareness of the new schedule. While we have experienced some complaints about the new schedule, they have been very few and this would indicate that by and large the community is accepting of the new schedule. (The popularity of this type of schedule continues to grow within San Diego county, and the City of Chula Vista is the latest City currently considering a switch to the 9/80 schedule.) Page 2 of 4 EXPLANAT ON (continued) Employee Morale and Productivity: Employee productivity has been maintained in all areas and employee morale has been noticeably higher since the introduction of this schedule. During the initial implementation employees did need to alter personal routines related to childcare, carpooling, commuting, as well as adjust to a longer workday, but the schedule has generally provided a boost to employee morale. Challenges: Although ongoing efforts* are made to inform the public of the schedule, there are occasional visitors to City Hall on a closed Friday. Every effort is made by departments to notify customers of upcoming closure dates, however, there is always the chance that a visitor may be surprised to find the City closed on a weekday. All City departments are very conscientious about keeping customers informed of our closure dates to minimize this situation. The continual challenge for all cities on 9/80 is to find new and effective ways to make sure customers are aware of hours at City Hall. Some customers mentioned initially that it was a challenge to remember which Fridays City Hall was open and which Fridays City Hall was closed. To assist with this the City now publishes a pocket calendar that highlights Friday and Holiday closures. These calendars are available at all of the City's public counters. Most of the challenges that were not foreseen during the implementation have been remedied. For instance, at the onset of 9/80 Human Resources made sure that no future job postings would have deadlines on closed Fridays. However, accommodations were not made for applicants that might happen to bring applications on closed Fridays. It was discovered that some job applicants were attempting to deliver application materials on closed Fridays and had no where to submit them. As a remedy, HR now posts signs on exterior doors directing applicants to place application materials in the Finance mail slot. In addition, HR now lists any 9/80 closure dates that fall within recruiting periods directly on City job announcements. Many similar challenges and remedies have been made throughout the City to ensure the continued smooth operation of City services. Future plans for improvement: In addition to the ongoing efforts currently used to notify the public, there are future plans to improve notification of the schedule. The initial information campaign used all of the resources available to the City to get the information out about the new schedule. However, with the recent addition of a full time Public Information Officer and the newly introduced City Newsletter, the City now has additional tools to promote the expanded hours offered at City Hall. Using these resources the City will undertake a second round of public information efforts to continue to expand the number of customers who utilize the additional hours, and to minimize any confusion regarding closed Fridays. A formal survey will also be conducted to find out which of our customers are using the extended hours, at what times, and for what purposes. This will assist the City to further refine the system and track usage. Staff is also implementing a program whereby at least one staff member will be available via phone on closed Fridays. A phone number will be posted at City Hall on closed Fridays for contact in case of non safety emergencies. This will allow any customers who arrive on a closed Friday to speak with a City employee should they so choose. Staff will also be providing better signage both on closed Fridays as well as during the week leading up to a closed Friday to notify the public of closures. In addition, a drop box for items other than job applications is also being designed for visitors who arrive on a closed Friday and would like to submit an tem to the City. Page 3 of 4 EXPLANATION (continued) Summary: The 9/80 schedule has been successful in providing customers with additional access in the morning and evening hours and this has been accomplished with no negative impact on City operations. Many customers have now come to expect the expanded level of service hours, especially in light of the similar hours of operation provided by other cities in San Diego County. There is room for improvement in the efforts made to notify the community of the schedule and new resources, including the City's Newsletter, are now available to assist with this effort. There is also room for improvement in accommodating customers who wish to drop off items or ask general questions on closed Fridays. Systems are being implemented to address these issues. Although there are other variations of 9/80, the current model appears to be the best fit for the organization. Staff continues to have concerns with operating a 9/80 schedule in which the City would stay open on each Friday and alternate staffing on those Fridays. Due to the small number of staff in many of our departments customer service would be severely impacted when operating at less than full staff. In addition, a change to different schedule at this point would require another adjustment for the public at a time when most residents have recently become accustomed to the current schedule. Staff Recommendation: Direct staff to continue to monitor the program and undertake further public information efforts and system improvements. Report back to Council with an update in July 2005. *Ongoing Public Information Efforts: • The main City Hall phone number mentions the details of the schedule. • A one page calendar is available at all City public counters. • A pocket calendar is available at all City public counters. • The City's website includes 9/80 information, including a calendar for showing hours and closed Fridays. • City e-mails sent to outside contacts include reminders of the 9/80 schedule. • All City voice mail messages mention the schedule. • New vendors, contractors or businesses that use City services are notified of the 9/80 schedule. • Annual schedules are provided to the Chamber of Commerce and other Community Based Organizations for assistance in disseminating information. • Informational signs are placed at City Hall on every closed Friday. • Individual depai tments use specific public information methods best suited to reach their specific customers. • Annual display ads are placed in The Star News and other local newspapers Page 4 of 4 Attachment A SIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION, SEIU LOCAL 2028 AND THE CITY OF NATIONAL CITY ALTERNATIVE 9/80 WORK SCHEDULE Subject to Council adoption of the 9/80 plan, the CITY shall execute an administrative policy for the implementation of an alternative 9/80 work schedule for employees in designated City operations and facilities. The City's intent is to begin this schedule within 30 days of Council approval, and no later than June 30, 2004 Articles 2, 3, 4, 11, and 24 in the current Memorandum of Understanding (1VIOU) will require modification to implement this new work schedule. Until a new MOU is approved, this side letter and administrative policy Chapter 100.11 will be used as controlling documents for all issues related to 9/80. Employees on the 9/80 schedule must also complete and sign an "Alternate Work Schedule Agreement" that outlines a specific work schedule. This document will remain on file with the Human Resources Department. Although the 9/80 implementation plan and related administrative policies have been designed to be as specific as possible, the City, MEA, and SEIU Local 2028 understand that there are aspects of such a work schedule that cannot be fully anticipated, and that the parties may need to meet to discuss unforeseen circumstances should they arise. Guiding Tenets: While both the City and the MEA understand the fundamental components of the 9/80 plan, both parties also agree that the City's primary function is to service the needs of the residents of National City. As a result, this alternative work schedule will continue to be monitored annually in terms of operational impacts, community acceptance, public accessibility, as well as employee morale and productivity. Any modified work schedule shall not be considered a vested right or benefit. The City has the ability to discontinue the 9/80 schedule, with 30 days notice, and will meet and confer should such discontinuation be deemed necessary. The City Manager has sole discretion to exempt any position or group of positions from 9/80 in order to fulfill delivery of City services. Should any position or group of positions be exempted, 30 days notice will be provided and the City will meet and confer. ARTICLE 24 Work Day, Work Week, Pay Period, and Pay Day Section 5 (revised) 9/80 Work Schedule The standard work schedule provides that employees work nine (9) hour days four (4) days per week, plus one eight (8) hour Friday once every two weeks. Alternating Fridays, which match the schedules of other 9/80 cities in the county, are scheduled as the Friday off. For the majority of employees, the following schedule will apply (Note: these will also be the public hours of operation for the Civic Center) 9/80 - Side Letter to Current MOU Page 1 Week 1: Monday — Thursday 7:30 am — 5:30 pm, Friday* 7:30 am — 5:30 pm Week 2: Monday — Thursday 7:30 am — 5 :30 pm, Friday Off — City Hall Closed *Although City Hall will be open for extended hours on this Friday, City Departments will stagger work schedules so each employee works a maximum of 8 hours. The workweek is a seven (7) day period generally commencing at 12:00 P.M. on Friday and ending at 12:00 P.M. the following Friday. Work weeks for employees beginning work at times earlier than 7:30 A.M. will have the work week start and stop at earlier times on Fridays so that their 40 hours of work will fall within a 168 hour period. For example, an employee beginning work at 6:30 A.M. will have the workweek start at 10:30 A.M. on Fridays and end at 10:30 A.M. on the following Friday. Overtime: Implementation of this schedule will have no effect on current overtime practices. There will be strict enforcement of the 8-hour Friday requirement to insure that 9/80 does not cause overtime issues. On -Call: The Friday off will be treated as a weekend for the purposes of On -Call status and in accordance with Article 11, Section 3 and Section 4 of the current MOU. Leave Time: Leave time (including Admin, Vacation, and Sick) will continue to be accrued at the same rate, but will need to be taken in accordance with however many hours of work are missed. For instance, should an employee take a vacation day on a day they are scheduled to work 9 hours, 9 hours of vacation time will need to be used. Misc Leave: Employees attending a work related conference on their off Friday will be credited with up to 8 hours of leave in the form of vacation time. Employees serving jury duty on their off Friday or a City Holiday, shall not be compensated by the City. Accrual Rates: Rates will be unchanged. Holidays and Floating Holidays: Holidays and Floating Holidays will continue to be compensated at a rate of eight (8) hours of the employee's regular rate of pay. Employees will have the option of using leave time (vacation, floater, admin. or comp.) or working one extra hour within the same week in which the holiday occurred. When a holiday falls on an employees Friday off, the day will be accrued and will be taken as a floater at a later date. These floaters must be used prior to the end of the fiscal year. The use of the floater is subject to Supervisor approval, just as is the current practice for leave time. If workload issues, as defined by supervisors, create a situation in which holiday leave floaters cannot be used by the end of the fiscal year, the holiday leave floater can be carried to the new fiscal year. Flexibility: The City recognizes that certain employees may require some flexibility with their schedules. Individual variations to the standard 9/80 working hours shall be recommended by the Department Director and reviewed by the City Manager or his/her designee. All variations will be evaluated on a case -by -case basis with considerations including, but not limited to, dependent care, pursuit of higher education, medical conditions, and special needs of the department. Page 2 9/80 - Side Letter to Current MOU Eligibility: Participation will be citywide with the following exceptions: MEA employees working in the National City Library are not eligible for a 9/80 schedule at this time. The City is willing to reconsider the availability of a 9/80 schedule for Library employees in the future. Emergency Police & Fire Safety positions will remain on their current schedules. The City will continue to have certain key functions that require staffing on a five-day per week basis. Some departments may require certain employees to use a modified 9/80 schedule. This may require that some employees have their off day on a different day of the week, or on an alternate week. For the STY: Chris Zap City Mana Pdtt Inte Ryan Hyland Management Analyst For the NCMEA James lade Presid nt/NCMEA dam Lauda MEA Repres 'tative Ken Capehart/ Chief Spokesperson/SEIU 9/80 - Side Letter to Current MOU rector ,/f Page 3 City of National City, California COUNCIL AGENDA STATEMENT .,iEETING DATE April 19, 2005 AGENDA ITEM NO. 21 / ITEM TITLE Notice of Decision — Planning Commission approval of a Conditional Use Permit for the Sale of Beer and Wine and for Karaoke at Casa del Taco Restaurant at 1635 Sweetwater Road (Applicant: Cesar Carillo) (Case File CUP-2005-1) ANC PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION Casa del Taco is located in the Sweetwater Plaza Shopping Center on the north side of Sweetwater Road, between Grove and Prospect Streets, in the General Commercial (CG-PD) Zone. It is currently a 1,190 square foot suite although the applicant is pursuing an expansion to 1,760 square feet. The applicant is proposing to sell beer and wine, as a complement to food service, between the hours of 9 a.m. and 10 p.m. Sunday through Thursday, and 9 a.m. and 12 a.m. on Friday and Saturday; it is proposed to be served both inside the dining area and outside on the patio. Beer and wine will be stored in the kitchen area and will only be brought by a server, all of which will be L.E.A.D. (Licensee Education on Alcohol and Drugs) certified. Karaoke is also proposed evenings from 5 p.m. until closing. Staff has conditioned that karaoke be limited to two evening per week. The applicant held a community meeting on February 22, 2005 to address potential public concerns. Planning Commission held a hearing on this item on March 21, 2005. There was public testimony from a community member in support of the project. The Planning Commission discussed management of the restaurant, potential noise from karaoke and the number of establishments that sell alcohol in the area. They then voted to approve the Conditional Use Permit specifying sale of alcoholic beverages be prohibited after 10 p.m., and no alcohol be served or consumed in the patio area unless it is enclosed. The Planning Commission also added a condition that two L.E.A.D. certified members of staff be present outside the restaurant at closing to ensure that patrons leave the premises in a timely fashion, and a condition that the Conditional Use Permit shall expire two years from the date of adoption of the resolution. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Flores, Martinelli, Graham. \ Nays: Pruitt, Baca, Reynolds Absent: Saludares Abstain: Carrillo ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 8-2005 2. Location Map 3. Site photos 4. Reduced site plan, elevations, details A-200 t9 99n RESOLUTION NO. 8-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AND FOR KARAOKE AT CASA DEL TACO RESTAURANT AT 1635 SWEETWATER ROAD APPLICANT: CESAR CARRILLO CASE FILE NO. CUP-2005-1 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the sale of beer and wine and for karaoke at Casa Del Taco Restaurant at 1635 Sweetwater Road at a duly advertised public hearing held on March 21, 2005, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2005-1, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 21, 2005, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the sale of beer and wine for on -site consumption will be in an established restaurant, that is currently undergoing expansion, at Sweetwater Plaza Shopping Center, as shown on submitted plans. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the restaurant is existing and the addition of accessory alcohol sales will not substantially affect traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant is located in a fully -developed commercial area, and since karaoke will be limited to indoor space. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the restaurant, an established and allowed use in the applicable commercial zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption and for karaoke at Casa del Taco Restaurant. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -Revised, case file no. 2005-1, dated 1/31/2005. 2. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 3. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 4. The sale of alcoholic beverages shall be prohibited between the hours of 10:00 p.m. and 9:00 a.m. 5. Beer shall be served by the bottle only and wine only by the glass. 6. No alcoholic beverages shall be served or consumed in the patio area unless it is enclosed to the satisfaction of the Planning Director. 7. Signs shall be posted in the patio dining area indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off premises. 8. All persons who will be serving alcoholic beverages should receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. 9. Two members of staff who are L.E.A.D. (Licensee Education on Alcohol and Drugs) certified shall be present outside the restaurant at closing time to ensure that patrons leave the premises in a timely and orderly fashion. 10. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 11. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 12. No coin operated amusement devices shall be operated on the licensed premises. 13. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 14. Karaoke is permitted only in the indoor restaurant area and is prohibited in the patio. 15. Karaoke shall be limited to no more than two evenings a week. 16. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 17. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 18. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 19. This Conditional Use Permit shall expire two years from the date of adoption of this Resolution. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 4, 2005, by the following vote: AYES: ALVARADO, FLORES, MARTINELLI, GRAHAM NAYS: PRUITT, BACA, REYNOLDS ABSENT: SALUDARES ABSTAIN: CARRILLO (/)06, �--- CHAIRWOMAN SWEETWATER PLAZA SHOPPING CENTER CITY BOUNDARY ZONE BOUNDARY - - - LOCATION. MAP Conditional Use Permit for the sale of beer and wine at Casa del Taco at 1635 Sweetwater Road CUP-2005-1 NATIONAL CITY PLANNING mummummenk DRN. DAT 1/18/05 INITIAL HEARING: 3/21/05 Casa del Taco Patio area (California Room) A;a.cen= -Dus_'_nesses to the west Adjacent business to south Adjacent business to south SY5' customer area 10' 0=T KAROAKE. iJ H I N Customer area 4'41' CASA DEL TACO RESTAURANT front door 24-11 IGtchen L II 4 restroom 11 1, ;I A Ga � customer area Rgqsol cam opining 81 t Parking Lot k NATIONAL CITY PLANNING DEPT. EXHIBIT A - REVISED CASE FILE NO. CUP-2005-1 DATE: 1/31/2005 PIZZA RESTAURAI DIAGRAM • Bu LoING, 4r� 1 RulL01N� \Lr II ( City of National City, California COUNCIL AGENDA STATEMENT . iEET NG DATE April 19 2005 / / ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by the Mexican American Business & Professional Association and the San Diego Chapter of the Latino Peace Officers Association, to Waive the Fees and to Serve Alcohol for a "Recognition Reception" on April 27, 2005 PREPARED BY DEPARTMENT Community Services Leslie Deese EXPLANATION Phone: (619) 336-4242 Please see attached `Staff Report.' AGENDA ITEM NO. 22 Environmental Review x NIA Financial Statement Loss of $441.16 if waiver of fees is approved. Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends the use of the Community Center and the request to serve alcohol, but not the waiver of fees. Council action is required on the use of the building, waiver of fees and the request to serve alcohol. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Letter from MABPA dated March 23, 2005. 2. Application for use of the Martin Luther King, Jr. Community Center 3. Memo from Police Department regarding Security Requirements A-20U (9 99:A Staff Report The Mexican American Business & Professional Association (MABPA) and the San Diego Chapter of the Latino Peace Officers Association (SDLPOA) request the North Room of the Martin Luther King, Jr. Community Center for a "Recognition Reception" on Wednesday, April 27 from 4:00 p.m. until 8:00 p.m. Approximately 150 people are expected to attend the event. The organizations also request waiver of fees and approval to serve alcohol at the reception. Costs: Building: $351.80 Custodial: 89.36 Total $ 441.16 According to the City Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center," this event falls under Item IX, "Other" Category of Use which requires the approval of the City Council to use the Community Center, to waive the fees and to serve alcohol. The policy also states that applicants may be required to provide one security guard for each 200 of permitted attendance and that if required by the Department of Alcoholic Beverage Control, a permit must be obtained. The Police Department does not feel that security presence is necessary based on the nature of the event. Please note that at the time of this writing, the required insurance has not been submitted, which the organizations are working to secure. Should Council approve the use of the MLK, Staff will ensure that the insurance is submitted in advance of the event. cfr°AAA AssoaMarch 23, 2005 FOUNDED IN 1978 203-2005 EXECUTIVE BOARD President JOSIE LOPEZ-CALDERON Vice President LILIA GARCIA Treasurer RAY (:ARNICA Secretary RAYARAGON, ESQ. Historian ROGER TALAMANTZ Business Chair GERALD RAMIREZ Education Chair DR ALBERTO OCHCA Membership Chair 'ICHARD CASTILLO, ESQ., ..aormation Technology Chair DR. EMMA MARTINEZ Politcal Chair ROGER CAZARES Program Chair MAGDALENA PERAZA MANNYAGUILAR MIKE AGUIRRE, ESQ. VICTOR BOTELLO MATEO CAMARILLO DR. RUDY CASTRUITA JOE CAZARES JOHN CHAVEZ JIIANDIAZ RUDY FERNANDEZ CHANCELLOR AUGIE GALLEGO GARY GALLEGOS D. CRUZ GONZALEZ . DANIEL GUEVARA, ESQ. LEROY M. LOPEZ ED MARTINEZ DR. TED MARTLNEZ RUBEN31ENDOZA THERESA MONTERO-MENDOZA VICTOR M. NUNEZ, ESQ. RALPH OCAMPO, M.D. RALPH PESQUEIRA PEDRO ORSO-DELGADO —'BERTO R. POZOS PUENTE-MILLER _+NUEI. PEG-LL.ANO SYLVLA RIOS ROBERT ROSARIO, CPA LUIS R. SAUCED() JAVIER SAIJ3 DERS DR. HECTOR M. TORRES FPNRi J URT.ASUN RAY:MOND UZETA ED VRLENCLA 3462 Malito Drive • Suite A • Bonita, California 91902 • (619) 475-8524 • fax: (619) 475-9807 Honorable Mayor and Members of the City Council City of National City 1243 National City Boulevard National City, California 91950 Dear Mayor Inzunza and City Council Members: The Mexican American Business & Professional Association (MABPA) and the San Diego Chapter of the Latino Peace Officers Association (SDLPOA) request the use of the Martin Luther King, Jr. Community Center on April 27, 2005. from 4:00 to 8:00 p.m. for a reception honoring City Manager Chris Zapata, Chief of Police Adolfo Gonzalez, Public Works Director Roberto Saucedo, and Human Resources Director Alfredo Lopez. MA13PA, founded in 1978, is a non-profit organization whose main mission is to create and promote economic development and social prosperity for Latinos. Our objective is to help increase Latino representation in all sectors of the economy and our society. We support this objective through a series of events and activities, including bi-monthly receptions where MABPA recognizes individuals who significantly contribute to the social and economic prosperity of Latinos. The achievements of Chris, Adolfo, Roberto and Alfredo have not gone unnoticed by MABPA and SDLPOA. We are proud of their many accomplishments and would like the opportunity to recognize them in the City they so proudly' serve. As our guests will not be charged admission for this special reception, we request a waiver of the fees for use of the Martin Luther King, Jr. Community Center. We expect the attendance of approximately 150 people and would like to serve refreshments and alcohol. Should you need more infoiniation, please feel free to contact me at (619) 300:7820 or Victor Nunez at (619) 531-4109. Thank you. incerely, osie L. Calderon President, MABPA ^.aru7 Ub n : 00p Nati City Parks and Rec 6133364232 APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations'. NameofOrganization: Mexican American Business & Professional Association and San Diego Chapter of the Latino Peace Officers Business Address: 3462 Malito Drive, Bonita, CA, 91902 Name of Applicant: Josie L. Calderon Addrss: 3462 Malito Drive, Bonita, CA, 91902 Telephone Number: tag (619) 475-8524 office Type of Function: Recognition Reception Date Requested: 4/27/05 (619) 300-7820 cell Decorating Time: 4: 00 !pm) to 4:59 g/pm) Function Time: 5:00 szzipm) to 7: 00/pm) Clean up Time: 7:01 (am/pm) to 7:59 wpm) Use of Kitchen: X no yes If yes, Time: (am/pm) to (am/pm) Number of Participants: 150 Will Admission be charged? No If yes, Amount $ Wiff this event be used as a fund raising event? No Will alcohol be served? Yes If yes, ABC Permit Submitted? Certificate of Insurance attached? Special configuration of tables or chairs required? Yes If yes, attach sketch_ Special equipment required? Yes If yes, attach list. Copy of Rules & Regulations provided? •YeS Initials I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest_ Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107 6 of the Revenue and Taxation Code against Applicant's possessory interest in the-City`s facility G � . (2Je Sign ture of App icant Mar 07 OS 01:00p Natl City Parks and Red 6193384232 p_3 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 Mexican American Business & Professional Association and San Diego Chapter of the Latino Peace"Utticers Person in charge of activity Josie L. Calderon Address 3462 Malito Drive, Bonita, CA, 91902 Telephone 619-475-8524 office City facilities and/or property requested Martin Luther King, Jr. Community Centecell Date(s) of use 4/27/05 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 damages for any personal litigation and other liability, including attorneys fees to the use of public property or the activity taken employees or contractors. :),VA:f._/7 5• nature of Applicant Certificate of Insurance Approved by injury, death or property damage, or both, or any and the costs of litigation, arising ouf of or related under the permit by the ermittee or it President, MABPA Official Title P s agents, Name and Title 3/23/05 D ate rev. 09/02 APPLICATION FOR USE OF THE 1.MARTIN LU'TDR KING, ,JR. COMMUNE `? CENTER ON APR.IL 27, 200E BY M XICA' ERIC_N BUSEN ss & PROFESSIONAL ASSOCIATION AND SA_ DIECO CHAPTER OF THE LFJL O PEG CE OFFICERS AI JACHMENT A: LIST Or SPECIAL EQUIPMENT ATTACHMENT B: SKETCH OF CONFIGURATION OF TABLES & CRIES �. Podium 2. Microphone B. Will submit sketch as soon as we revisit the room and can better evaluate any special needs we may have. Thank you. 04i0 /2005 2.6:55 6/63354525 PAGE 02!02 Recycled Paper ty of National City Police Department IDR. ADOLFO GONZALES, CHIEF OF POLICE April 7, 2005 TO: Leslie:Deese FROM: I).r.. Adolfo Gonzales Chief of Police SUBJECT: I fABPA Reception at Martin Luther King Jr. Community Center April 27, 2005 I have reviewed the application from the Mexican American Business and Professional Association. and the San Diego Chapter of the Latino Peace Officers Association regarding the reception scheduled for April 27, 2005, at the MLK Center. Based on the nature of the event, I do not believe that police presence is necessary for this event and that they be allowed to serve alcohol as long as they follow all applicable ABC laws and regulations. 1200 National City Boulevard, National City, CA 91950 (619) 336-4511 AEETING DATE April 19, 2005 1 ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. PREPARED BY EXPLANATION 23 Request to Use the Martin Luther King, Jr. Community Center by the California Association for Bilingual Education, South County Chapter and Waiver of Fees for their "Scholarship Awards Breakfast" on Saturday, May 14, 2005 Leslie Deese F- DEPARTMENT Community Services Phone: (619) 336-4242 The California Association for Bilingual Education (CABE), South County Chapter, is requesting use of the North and South Rooms of the Martin Luther King, Jr. Community Center for their "Scholarship Awards Breakfast" for students in the South Bay area, including students from National City on Saturday, May 14, 2005 from 7:30 a.m. until 1:00 p.m. Approximately 300 people will be attending. Costs: Building: $644.93 Kitchen 50.00 Custodial: 128.46 Total $823.39 Waiver of fees is also being requested. This is an acceptable category of use according to the City Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center." However, it would take the approval of the City Council to waive the fees. CABE last used the Community Center in April 2004 for the same type of event. ( Environmental Review X N/A (-Financial Statement Loss of $823.39 if waiver of fees is approved. Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends the use of the Community Center; however, Council action is required on the request for waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center 2. Letter from the California Association for Bilingual Education A 200 (&9g CALI3I' California Association for Bilingual Education South County Chapter ATTN: Ms. Leslie A Deese Community Services Director Community Services Department 140 East 12th Street, Suite A National City, CA 91950 Dear Ms. Deese: The CABE (California Association for Bilingual Education) South County Chapter is requesting the use of the Martin Luther King, Jr, Community Center for our annual Scholarship Breakfast on Saturday, May i-1. The event honors outstanding( sixth and twelfth grade students from the National City, Chula Vista, South Bay, San Ysidro and Sweetwater School Districts. The CAGE Scholarship Breakfast will celebrate the awarding of scholarships to approximately 100 students to further their academic advancement. Also in attendance will be the parents/families, teachers, principals, and superintendents of the south county school districts. We are expecting approximately 300 people to attend this wonderful annual event. The Scholarship Breakfast will take place from 7:30 am. to 12:00 noon with setup starting at 7:30 am, and cleanup ending at approximately 1:00 prn. We are asking that all bathrooms be open and available for the event. Also requested are: the kitchen, stage, vestibule area, microphone, sound system, and screen_;? Attached to this letter is the proposed layout for the event and the placement of tables, chairs, breakfast serving area, and beverage tables. All food will be brought in pre- cooked, but the kitchen may be needed for food warmup. No alcoholic beverages will be served. Tickets for the event will be provided by CABE without cost to all students receiving scholarships, and up to two family members of each student may attend the event free. All other persons attending the event will be charged t10.00 per ticket to be illj) used to raise funds for next year's student scholarships. The CABE South County Chapter thanks the National City Council and the National City Community Services Department for supporting us in holding this worthwhile annual event at the Martin Luther King, Jr. Community Center. It is a truly special event honoring students who have worked hard to achieve and advance their educational futures. Sincerely, CABE Co -Presidents, ertha Lop Mary Lou Montoya Egof,,tirivr NCCCX-LJ -- ter a n.ord2 J[LrQ ,i yl �Frn Pod�u -- 17 a lot- 3-1-7 friOrr 944-k83a (eAdft k.Q6L n APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNfTY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: CAW -Pr -MA AsSOciediDh c7t ��jnL�rd� G{llCQ7lOM sc, Dies altAeath i/y Business Address: Ro, /SoX /20 -1 chula0 C/iipi-er Name of Applicant: aid © IQu/OY Address: 6/030 ROSe-d4Je -1Ve Sp1lhq VakIey CA-q/'777 evening (, •/% CJ74 Telephone Number: day (041). %'� e? a Type of Function: Scholarship o— Date Requested: J 7`urdi , 1141 /4 I,_ ,V 6 /oT* (-T�' 1-�. iJ�C Decorating Time: 7: 3o (J(arn/pm) to g.36 (am/pm) /I Function Time: c:36,. (am/pm) to 1/ -°�d (am/pm) Clean up Time: 0230(am/pm) to ) - (am/pm) Use of Kitchen: no // yes If yes, Time: �r 30 (am/pm) to l'? -'30 (am/pm) Number of Participants: °"� SOO Will Admission be charged? 1/es If yes, Amount $ JO , y e) eOvil-rues`/ ) Will this event be used as a fund raising event? . IU'( / d Will alcohol be served;? Certificate of Insurance attached? If yes, ABC Permit Submitted? Special configuration of tables or chairs required? Yes Special equipment required? eS If yes, attach list. Copy of Rules & Regulations provided? Yel Initials I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the Cites facility. If yes, attach sketch. Signaturef Aopliant Date CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured,and'-to sign the Hold Harmless Agreement. Certificate of Insurance must be attachedto this permit. Organization C l 6fot , 45'sactd 7' =kr &ilinq 'iz&Slen ( "g% Person in charger of activity eert LPeZ dr )ii 1 Lett /�al7 t a- 47' ' "etoe "`e /or • ecd-ra'�-Roptert,' �S'c im, l © J Telephone �61� � `���� Address 133 k F` AYI!w e l�fk pNoi City facilities and/or property requested /,� Y�,;� / ttif r 10,611t )1VU 4f;Aiki-- Date(s) of use ,SI rd /) Air, 11/ `Og HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public orprivate 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 damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contract rs. d Signature of plican Certificate of Insurance Approved by CAA F S�& �4 :t Date Official Title �hi(ade 1Gz Th,wremce .Cowry Name and T le rev. 09/02 F 30 2005 IF 3LI.`'T 15, 2g/NO. r.l_ieoiqMiI. C ACORD CERTIFICATE OF LIABILITY INSURANCE ��T30/ !PRODUCER D3/3O/2005OS PH114pELPHYA {Nail.lfiAfilC Serial10 100208 I THIS CERTIFICATE is fSSUED AS A MATTER OF INFQRMATION E COMPANIES RtATED A+IX , ONLY AND CONFERS NO RI0I-!7S UPON THE CERTIFRCATE 2901 DOUGLAS HLVO SUITE 15O HOLDER, T CERTIFICATt= DOES NOT AMEND, EXTEND OR RO8 V1Ls�, CN1 f 8d81 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, *OO 846.8t84 i%.991r788 183 INSURVIS AFFORD' iNG COVERAGE NA{C* C INSURED CALIFORNIA ASSOCrATiON FOR BILINGUAL EDUCATION 16033 EAST SAN BERNARDINO ROAD COVINA, CA 91 Y22 COVERAGES • INsvRER A: PNILA,7ELPHIA INDEMNITY INSURANCE INSURER 6; INSURER C; Iusu D: INSLWER E: U 058 THE POL,ICJE3 OF' INSURANCE LISTED BELOW NAVE SEEM ISSUED TC ThE INSURED NAMED AuDYE Ft'.TR THE POLICY PEFtIAO INDICATED. NOTWITHSTANDING ANY REQuIREA✓EM, TERM OR CONOMON OF ANY CONTRACT AR OTHER DCCULtehre N+rTTN REEPEC'r"ro WHICH THIS CERTIFICATE MAY OE ISSUED OR MAY PERTAIN, THE tNSURANCE AFFORDED SYNE POLICES DEECRIEED HEREIN IS SUBJECT TO ALL THEE rE MS, EXCLUSION$ ANU CONruTIQNE QF SUCH ��paJqR POLICIES. AGGREGATT U4 $ $MOWN MAY HAVE BEEN REDUCED PY ROO CLAUS. TYPE OF RAUSEMCS o'OLR:Y NUIN:Ott i CLAN LIL 1.43.3IUTY COLNLOPSUL GENERAL Luau rr !CLAMS MADE OCCUR NL $GCRIEColT LIMIT AG+P+P�LI.E�C.' PER: S IPpal 7 1 WTOIMWLIE LIAIRJrd POLICY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON - MANED AUTOS SSARAmE UA/ULNY ANY AUTO III CW011Mbs1L91A LAA4uIT'r OCCUR 0 CLANS MA9E LOC DEDUCTIOLE RETENTION $ WDRf6ERY+GOYP5N{AflON AILS WIPLOYRT.LR':LJ.AYILRY ANY PROPRIET IaTNER/EXECUTME vTpiCEREEE EXCLUDED? i PA�EaaC EL RE0 WfaaT 'SRECLLL PROSNSIDNB brear 1 PHPKOSSIBO 1211 /2 13003E11TZE OP p,. ;' ISONE7COCAT1031333 030LWEXOULbIC f'yGOC ItYENDOPIE:NENT-' u PReYx►.w+� Y+rE CITY' OFUT'IOt AI Orie"Wl1JL, SE NAMED ADCmoNAL INSURED WITH ReSRECT'S TO THE EVENT BEING HELD ON MAY 14TH, ooS.AT THE COMtitIN2ITY-CENTER. 2i1r2oo5 UwT5 eACN SCCIA NCE 1 tOao,000 Ea ft occume31 1 500,000 Ui:O EXP (Any aw pawn) t 5,000 R9olAL JL ADV ItUURY a 1,OOO,(JOQ GENERAL ACIOREbATE $ 2,00D3o FRCIOUCTS-0OSIPKYi AOCi 3 I,000,OO( COLA NED SINGLE Lull' 01ODILY IHJURv (Par panes) YOOILY INJURY IPee aataga.N) PRDPEPTY L]AINAGE 'AUTO OSLY-J;A ACCIDENT 1 OCHER THAN EA ACC 1 AIITOONLY: 'EACH DOSUNRENCE . a IAGOREOSTE 1T'c"; i1 J IFR EL KACH'v10GI0B.I7' EL OISEAJiE- LA'EAJPLOYE,C EL Di8EAtx -POLICY Limn ERTlFICATE HOLDER MARTIN LUTFICk KING JR, COMMUNITY CENTER 140 EAST iy'f'H STREET. SUITE A NATIONAL CITY, CA 9185E D35 (:OO1iO8) ROICER.TPRO.a,.FPS CANCELtArION SHOULD 'ANY Of TTC;LDDYE DESCRIBED POUCJES SE CANCEiLEO9EKORE THE EKP1FlM1CN DAM THENEOF, THE ISSUING R1&IRER WILL ENDEAVOR TO L AIL 3� 30 DAYS WRirrE$ NOTICE it? THE Ce*T EIC i OLnER HAMEL, TO THE LEFT. Stir FAILURE TO DO SO SHALL IUP0EE HO t`BI.iG,MON OR LiABSJTY F ANY KIND UPON THE IIIBURE•R, JTS AGEHVS'JR RE°RESEurot i TATOM pp' M1 ., i�' ANL°E Musau a> LCORJ CQRPOTtAT1ON ice' Y yL!Cl' NUMBER: Pleko9Ftsa COMMERCIAL CiENER4L LIARUTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR OR.GANIZATION This endorsenient modi€tes insurance provided under the following: COMMERCIAL GENERAL LIABII I T Y COVERAGE PART, SCFfEDLTE Narne of Person or Organization: CITY OF NATIONAL CITY, ITS AGENTS, OFFICERS AND EMPLOYEES. (if no entry appears above, information required to complete this endorsement will be shown on the Declarations a3 applicableito this endorsement) iiVMO IS AN INSURED (Section li) is amended to include as an insured the person or orgsstitation shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or reined to you, CG 20 26 11 85 Copyright, Insurenr;e Services Office, ine., 1984 .,aEETING DATE _April 1Q, 2005 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 24 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by Southport Christian Academy and Waiver of Fees for their "Annual Elementary Spring Musical/Drama" on May 23 and May 24, 2005 PREPARED BY Leslie Deese DEPARTMENT Community Services EXPLANATION Phone: (619) 336-4242 Southport Christian Academy is requesting use of the North and South Rooms of the Martin Luther King, Jr. Community Center for an "Annual Elementary Spring Musical/Drama" on Monday, May 23 from 9 a.m. until 1:00 p.m. and Tuesday, May 24 from 5:00 p.m. until 9:00 p.m. Approximately 300 people will be attending this community event. This is the first time the Academy has used the Community Center. Costs: Building: $938.08 Custodial: 111.70 Total $1.049.78 Waiver of fees is also being requested. This is an acceptable category of use according to the City Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center." However, it would take the approval of the City Council to waive the fees. Please note that the insurance certificate will expire before the event; however, the International Church of the Foursquare Gospel is in the process of renewing the policy. Should Council approve use of the MLK, Staff will ensure that a current certificate is submitted in advance of the event. 2 Environmental Review X N/A Financial Statement Loss of $1,049.78 if waiver of fees is approved. Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends the use of the Community Center; however, Council action is required on the request for waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Letter from Southport Christian Academy dated April 5, 2005. 2. Application for use of the Martin Luther King, Jr. Community Center A-200 (8:991 Providing The finest in Christian Education Serving the South Bay Since 1981 A ministry of Southport Christian Center Foursquare Church Member Association of Christian Schools International (ACSI) Kindergarten through Grade 12 Pastor Carolyn Nichols Superintendent Southport Christian Academy 142 East 16th Street, National City, CA 91950 (619) 474-2834 • Fax (619) 474-0201 April 5, 2005 Dear Ms. Deese, We would like to request the use of the Community Center for the purpose of presenting our annual elementary spring musical/drama, as follows: Monday, May 23, 9a.m. to 1p.m. Tuesday, May 24, 5p.m to 9p.m. for presentation, preparation and clean-up. We will also need the use of the south roomfor preparation of students on both days, as well as access to the bathrooms. We will not use the kitchen. We request that all fees be waived, and would welcome the community to our event. Sincerely, 064 Carolyn Nichols Superintendent f3/3/2005 WE) na.O4 FAX i002/002 rLcciclon ITlruran_fr Brakers, Inc. Iwo ErnharCadert, Suii; 1700 CFI license UO714 705 San Francir,Co CA 44'111 (475) 558-4010 INSURED 1044'738 Intenlational Chtrch of t1e Foursquare Gospel Alin: Insulalce UeperImen! P.O. Box 2E912 LoE Angeles CA 19 0)26-C 176 L___._— _.L. CO'IJR RJ4GES_Ih]_(t��Oj DA; ACORD„ CERTIFICATE OF LIABILITY INSURANCE o5fni 20o5 ]DUPER DATE (MM/DD/Y11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE GOES NOT AMEND, EXTEND OR • • = GEAFFORDED BY THE POt rr LBELOW. INSURERS AFFORDING COVERAGE INSURER A ERE ational Union Fire Insurance Co. THE POLICFE5 OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOWIR !MENT, TERM Ott CDNOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE }SSUED OR MAY PEN N, DIE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS- EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMIT'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NMI ir TYPE OF INSIMANCE GENERAL LIABILITY A ffff XcOMMERC1AL GEMERALiUA91li1Y CLAIMS MAGI: [x-j OCCUR X k BL/$2K Claim;: Mule G,EN't. AGGREGATE !LIMIT AP PLIES PER: ax,,CC. X 1'17LJCY JPCr 'LpC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTO 1JHtUULIEc AU1'DE! HIRED AU EM NON-C ANEO AVTDt; 0ARAGE LABILITY ANY AUTO EXCF_SS LIABILITY OCCUR] CLAWS MADE. C UMBRELLA DEDUCTIBLE EARN RETENTION S: WORK RS COMPCNSA TPOU AND EMPLOYERS' LIABIXI I1 OTHER DUCT NUMBER 4571853 DATE POLICY WYY)E POLICY EXPIRATION DATE IMMFpoir-1 U5/01/2004 05/01/2005 LIMITS 1,000,000 MED EXP (Any one person) XXXXXXX PERSONAL &ADV .IIIRY 5 2,000,1)00 GENERAL AGGREGATE. 4 *00 000 PRODUCT$. COMP/OP AGG a 2.000,000 NOT APPLICABLE COMBINED SINGLE LIMIT (EA Pttleent) XXXXXXX BODILY INJURY (P01 Penton) S XXXXXXX BODILY INJURY (Par aocidon11 PROPERTY DAMAGE (Per ee4tleni) XXXxxxX xxxxxxx NOT APPLICCAHi.E NOT APPLICA rlr,r: NOT APPLICABLE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: s xxxxxxx XXXXXX XXXXXXX EACH OCCURRENCE y XXXXXXX EA AC. AGG AGGREGATE j a XXXXXXX T6BT LJMI7&) ' IF . - xxxxxxx XXXXXXX XXXXXxx E.L. tACH ACCIDENT a XXXXXXX L 0ISEASE - 1 EMPLOYEE E L DISEASE - POLICY LIMIT a xxxxxxx & XXXXXXX DESCRIPTION CR OPE/IATIONS711GA'rIONSNE.HICLESIEXCLU510N5 ADDED EY ENDORSEMENT/SPECIAL PROVISIONS ChUtClu. Cade 313 17, NmiHlt City ENID:till Ic Church, CA - Certificate holderia named as additional inanrcU as rcpccts to their inrereSIS in Evans DI 140 ) i2th ±:L, N2.1ion131 Coy. CA 91950 Un 5/24/05 for liability arising our of the Rperotinr, el' the insured. CERTIFICATE HOLDER_ 2261998 The C1ty of National City Community Servicels Depallmenl 140 East 12th Sheet, Suile A National City CA 91 Ei50 _ tCDRD 26 S (7/97) CDI TIQN M, INSURED; JNSCRER LETTER: CELLATION i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATB THEREOF, THE ISSUINO INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TD THE CERTIFICATE HOLDER NAMED TO THE LEFT,RUT FAILURE TO DO $0 SHALL IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNE9, AUTHORIZED REPREEENTATJVE FOI Z RNI i*fM mow Im91IIM clellXMt, Ern,, r1 JE0 nion1 ,11M*I7lt ipt'P,rd,/gr Strclivn aeDIe ant" t 4[Hy ,lw chant LO. 11,11GH0 mACORO CORPORATION 1989 APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulati ons". Name of Organization: 0 (4, Business Address: /`7� a 4 fl S 2 /.(& fg/14.(( / i d 9�%SG Name of Applicant: Oar -obi' t/) Male, /S / �7 Address: /1/7 /' 6c�", , /V �/�rG�G�( 0;'(I / l ' �y �7 9/gS'� Telephone Number: day (4/0 4 74-/ - 33 evening (0/) <7- / 7 7 7 Type of Function: G-A9e-77 ram/S(do'oo( S/�L.-ix" r�'S/C1a/`�Y1 m4 Date Requested: (LIFSWy/ I , 0� Decorating Time: f/ y2/ (am/ mo 6 36, (amI ) Function Time: (p i 3 D (am(pm to g (am//�m Clean up Time: 7145 (am/ ) to 6' (am/ rn) Use of Kitchen: i/ no yes If yes, Time: (am/pm) to (am/pm) Number of Participants: gO 5.711444.°r d d7G ,, Will Admission be charged? A6 If yes, Amount $ Will this event be used as a fundAraising event? /��'- Wvill alcohol be served? I 6) If yes, ABC Permit Submitted? Certificate of Insurance attached? / e-1-S Special configuration of tables or chairs required? y IS If yes, attach sketch. Special equipment required? /'V G' If yes, attach list. Copy of Rules & Regulations provided? /(-1,S Initials (}-GT I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. Signature oflApplicant Date r CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization S /1n r/, Ci`l%7,_371 /Ceti, etc e,- /C4„lem Y/ Person in charge of activity C .# v-6 `y «7 4' Address /'T� %G v�/ , /( / . %te Telephone 76/9) 7 -,,Z8". V City facilities and/or property requested /t/ /'a-74a /CI, /% 4 4vr 4z /y d-/-P7 Date(s) of use /e5C/ (7/ 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 damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out 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. (l,s )4d r- Signatuof Applicant Official Te Certificate of Insurance Approved by Name and Title Date rev. 09/02 Chair set-up for Southport Christian Academy May 24, 2005, 6 p.m. — 8 p.m. (Seating for 200) XXXXXXXXXX XXXXXXXXXX STAGE City of National City, California COUNCIL AGENDA STATEMENT .11EET1NG DATE April 19, 2005 AGENDA ITEM NO. 25 ITEM TITLE PREPARED BY EXPLANATION Request to Use the Martin Luther King, Jr. Community Center by the County of San Diego, Health and Human Services Agency, South Region and Waiver of Fees for an "All Staff Event" on Thursday, June 16, 2005 Leslie Deese DEPARTMENT Phone: (619) 336-4242 Community Services The County of San Diego, Health and Human Services Agency, South Region is requesting use of the North and South Rooms of the Martin Luther King, Jr. Community Center for an "All Staff Event" on Thursday, June 16, 2005 from 11:00 a.m. until 5:00 p.m. Approximately 300 people will be attending this event, the purpose of which is to disseminate information and discuss procedural changes to the law as it relates to children services. The Agency last used the Community Center in November 2001 for the same type of event Costs: Building: $703.56 Custodial: 134.04 Total $837.60 Waiver of fees is also being requested. This is an acceptable category of use according to the City Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center." However, it would take the approval of the City Council to waive the fees. ( Environmental Review X NIA 1-Financial Statement Loss of $837.60 if waiver of fees is approved. Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends the use of the Community Center; however, Council action is required on the request for waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center 2. Letter from the County of San Diego Health and Human Services Agency dated March 29, 2005. A-200 (9.99) JEAN M. SHEPARD DIRECTOR RENE G. SANTIAGO DEPUTY DIRECTOR March 29, 2005 ffuuntt of art pieju HEALTH AND HUMAN SERVICES AGENCY SOUTH REGION 690 OXFORD STREET, SUITE A, CHULA VISTA, CALIFORNIA 91911 (619) 409-3302 • FAX (619) 409-3304 Ms. Leslie A. Deese Community Services Director 140 East 12th Street, Suite A National City, CA 91950 Dear Ms. Deese: ❑ CHILDRENS SERVICES 1000 BAY MARINA DRIVE NATIONAL CITY, CA 91950 (619) 336-5777 0 OFFICE OF VIOLENCE PREVENTION 4438 INGRAHAM STREET, 412 SAN DIEGO, CA 92109 (858) 581-5600 690 OXFORD STREET CHULA VISTA, CA 91911 0 CHILDRENS SERVICES SUITE'C' (619)409-3179 0 FAMILY RESOURCE CENTER SUITE'E' (619) 427-9660 ❑ PUBLIC HEALTH CENTER SUITE'H' (619) 409-3110 Thank you for tentatively reserving the Martin Luther King, Jr. Community Center for June 16, 2005 from 11:00 a.m. to 5:00 p.m.. The County of San Diego, Health and Human Services Agency, South Region will be holding its annual "All Staff Event" on the . above date. Approximately 300 staff will be attending this event. Enclosed is the application for use of the Center and a copy of the required Certificate of Insurance for processing. I am in receipt of a copy of the Rules and Regulations regarding usage of the Center and fully understand all requirements. As a governmental agency, we are respectfully requesting the fee be waived for costs associated with usage of the Center, e.g. access to the main hall as well as custodial services. It is our understanding that this request is at the discretion of the National City Council and that you will advise us accordingly of their decision. If you have any questions, please call me at 619-409-3599. We appreciate your cooperation and timely response in this request. Sincerely, ELAINEROSE M. LONTOC, Office Support Specialist Health and Human Services Agency, South Region /el Enclosures APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". County of San Diego Name of Organization: Health & Human Services Agency, South Region Business Address: Name of Applicant: Address: 690 Oxford Street, Suite A, Chula Vista, CA 91911 Rene G. Santiago, Deputy Director same Telephone Number: day (619) 409-3302 3t`'` D evening ( ) n/a Type of Function: All Staff Event 2005 Date Requested: June 16, 2005 Decorating Time: 11:00 (arn/ to 1:00 (/pm) Function Time: 1:00 (Wpm) to 4:00 (/pm) Clean up Time: 4:00 (/pm) to 5:00 (ipm) Use of Kitchen: X no yes If yes, Time: (am/pm) to (am/pm) Number of Participants: Approx. 300 Will Admission be charged? No If yes, Amount $ Will this event be used as a fund raising event? No Will alcohol be served? No If yes, ABC Permit Submitted? Certificate of Insurance attached? Yes. Special configuration of tablesor chairs required? Yes If yes, attach sketch. Special equipment required? No If yes, attach list. Copy of Rules & Regulations provided? . Yes Initials I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the C ty's faei!tty. .E;A-L"--1-17- Signature of Applicant Date 3.25.OS 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. County of San Diego Organization Health & Human Services Agency, South Region Person in charge of activity Rene G. Santiago, Deputy Director Address 690 Oxford St, Ste A, Chula Vista, CA 91911relephone 619-409-3302 City facilities and/or property requested Martin Luther King, Jr. Community Center Date(s) of use June 16, 2005 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities oh 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 damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out 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 ,ertificate of Insurance Approved by Deputy Director Official Title Date 3. 25-D5 Name and Title rev. 09/02 Ir County of San Diego CARLOS G. ARAUZ, IPMA-CP DEPARTMENT OF HUMAN RESOURCES DIRECTOR 5555 OVERLAND AVENUE, BUILDING SUITE 2311, SAN DIEGO, CA 92123-1248 STATEMENT OF COVERAGE (858) 694-2786 FAX (858) 694-2520 It is hereby certified that the County of San Diego is self -funded for Commercial General Liability, Commercial Auto Liability and Workers' Compensation. Claims are processed and administered in accordance with the California Government Code and California Labor Code. This Statement is issued at the request of the person or organization named below as a matter of information only and confers no rights upon the holder of this Statement. This Statement does not amend, extend or alter the self -funded program of the County of San Diego. Martin Luther King Jr. Community Center Attn: Ms. Leslie A. Deese, Community Services Director 140 East 12 h Street, Suite A National City, CA 91950 This statement is issued as respects: County of San Diego, Health and Human Services Agency, South Region, use of Martin Luther King Jr. Community Center on June 16th, 2005 for All Staff Event 2005. This Statement is not valid unless signed by an authorized representative of the County of San Diego. March 24, 2005 Sharon L. Murphy insurance Coordinator Risk Management Division For information regarding above, please contact the Risk Management Division at (858) 694-2789. Martin Luther King Community Center 140 E. 12th Street National City, Ca. 91950 North Hall 1d O k* 2 serving windows Conn :o kit South '6? (8) Et') ; Esi) CR cRD cq-D 2 Double front Doors (4) le)Exit X 30 Kat KG( —E-v, o es w f - cl &-jis r; � �i r (VP EMI �vc�.�.e�i� gQ?1 4u iai eS c tuk 4v3 � p [oc1�P�.f k)N_Arcoms [ 4 clOS V Summary ITEM #26 4/19/05 Page 1 of 1 AB 1335 (Vargas) Cities: community benefit districts. AC ir. From text dated: 02/22/05 Existing law authorize cities and counties to establish various districts and other entities to provide improvements and other benefits within their jurisdiction. This bill would establish a procedure for a city to form and operate community benefit districts and to levy assessments for the support of those districts. http://ct2k2.capitoltrack.comBillSummary.asp?item=ShortSummary&measure=AB 1335 4/12/2005 Status Page 1 of 1 AB 1335 Vargas Cities: community benefit districts. Current House Assembly Status 3/10/2005 Long Author Vargas. Referred to Com. on L. GOV. Title An act to add Chapter 5 (commencing with Section 43950) to Division 4 of Title 4 of the Government Code, relating to cities. Relating To Cities Current Location 3/10/2005 L. GOV. Text Version 2/22/2005 Introduced Bill Type Active Non -Urgency Non -Appropriations Majority Vote Required Non -State -Mandated Local Program Non -Fiscal Non -Tax Levy http://ct2k2.capitoltrack.comBillStatus.asp?measure=AB 1335 4/12/2005 AB 1335 Assembly Bill - INTRODUCED Page 1 of 8 BILL NUMBER: AB 1335 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Vargas FEBRUARY 22, 2005 An act to add Chapter 5 (commencing with Section 43950) to Division 4 of Title 4 of the Government Code, relating to cities. LEGISLATIVE COUNSEL'S DIGEST AB 1335, as introduced, Vargas. Cities: community benefit districts. Existing law authorize cities and counties to establish various districts and other entities to provide improvements and other benefits within their jurisdiction. This bill would establish a procedure for a city to form and operate community benefit districts and to levy assessments for the support of those districts. Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 5 (commencing with Section 43950) is added to Division 4 of Title 4 of the Government Code , to read: CHAPTER 5. COMMUNITY BENEFIT DISTRICTS 43950. As used in this chapter the following terms shall have the following meanings:(a) "Activities" that benefit real property located in the neighborhood council district, means, but is not limited to, all of the following: (1) Promotion of public events that. benefit residential or mixed -use buildings or real property in the district. (2) Furnishing of music in any public place within the district. (3) Promotion of district or neighborhood identity within the area. (4) Marketing, planning, zoning, and economic development, including business retention and recruitment. (5) Providing security, sanitation, graffiti removal, street and sidewalk cleaning and other municipal services supplemental to those normally provided by the municipality. (b) "Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, parking facilities, benches, booths, kiosks, display cases, pedestrian shelters and signs, trash receptacles and public restrooms, lighting and heating facilities, decorations, fountains, planting areas, minor modification of existing streets, facilities or equipment or both, to enhance security of persons and property within the area, ramps, sidewalks, plazas, town centers or pedestrian malls, rehabilitation or removal of existing public structures, installation or planting of landscaping, the installation or construction of statuary, fountains and other ornamental structures 3 http://ct2k2.capitoltrack.com/Bills/asm/ab 1301-1350/ab 1335 bill 20050222 introduced... 4/12/2005 AB 1335 Assembly Bill - INTRODUCED Page 2 of 8 and facilities, and the installation or construction of any facilities that are appurtenant to any of the foregoing or that are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage or electrical facilities. (c) "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including the following: (1) Repair, removal, or replacement of any part of the improvement. (2) Providing for the life, growth, health, and beauty of landscaping including cultivation, irrigation, trimming, spraying, fertilization, or treating for disease or injury. (3) The removal of trimmings, rubbish, debris, and other solid waste. (4) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. 43951. Whenever the public interest or convenience may require, a city council, acting under the authority conferred upon it by this chapter, may order the improvement, maintenance, and activities of specifically defined neighborhood and mixed use commercial districts of the city within designated neighborhood councils areas. The city shall determine and declare the property owners to be benefited by the improvement, maintenance, and activities, and assess the cost and expenses of the improvements, maintenance, and activities, including all expense incurred incidentally, upon the lots or parcels of real property in proportion to the estimated benefits to be received. The procedures established shall be additional or alternative to any other procedure established by ordinance or state law and shall apply to any proposed district that complies with this chapter whether or not any of the procedures for formation required in this chapter is taken prior to the effective date that the ordinance is adopted. The election to proceed under this chapter shall be expressed in the ordinance of intention to form the district that shall be referred to as a community benefit district. 43952. Upon the written petition, signed by the property owners in the proposed district who will pay more than 30 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adopting of an ordinance expressing its intention to form a district. The amount of assessment attributable to property owned by the same property owner which is in excess of 20 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property owners who will pay more than 30 percent of the total amount of assessments proposed to be levied. The petition property owners shall include the community benefit district plan. 43953. The community benefit district plan shall be submitted before the city council takes any action on the establishment of a district under this chapter shall contain all of the following:(a) A map of the district in sufficient detail to locate each parcel of property within the district. (b) The neighborhood or business community name of the proposed district. (c) A description of the boundaries of the district, including the boundaries of any benefit zones, proposed for the establishment or extension of the district in a manner sufficient to identify the lands included. Under no circumstances shall the boundaries of a proposed district overlap with the boundaries of another existing district created pursuant to this chapter. Nothing in this chapter http://ct2k2.capitoltrack.com/Bills/asm/ab 1301-1350/ab 1335 bill 20050222 introduced... 4/12/2005 AB 1335 Assembly Bill - INTRODUCED Page 3 of 8 prohibits the boundaries of a district created pursuant to this chapter from overlapping with other assessment districts. (d) The improvements and activities proposed for each year of operation of the district and the maximum cost thereof. (e) The total annual amount proposed to be expended for improvements, maintenance, and operations. . (f) The proposed source or sources of financing including the proposed method and basis of levying the assessment in sufficient detail to allow each property owner to calculate the amount of the assessment to be levied against his or her property, including a statement setting forth the requirement to provide completion bonds for any improvements which are proposed to be constructed. (g) The time and manner of collecting the assessments. (h) Any proposed rules and regulations to be applicable to the district. (i) A statement, placed in a conspicuous place of the community benefit district plan, stating that assessments for the maintenance of improvements constructed by the district, if any, shall continue to be levied on each parcel of land within the district for a period of time equal to the useful life of the improvement, as determined by the city clerk, regardless of whether the district is dissolved or the term of the original levy has expired. 43954. (a) The city council shall identify all parcels that will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement or for the cost of the property service being provided. No assessment shall be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and the city council shall separate the general benefits from the special benefits conferred on a parcel. Parcels within a district that are owned or used by any governmental agency, the state, or the United States shall not be exempt from assessments unless the city council demonstrates by clear and convincing evidence that the publicly owned parcels in fact receive no special benefit.(b) All assessments shall be supported by a detailed engineer's report prepared by a registered professional engineer certified by this state. (c) The amount of the proposed assessment for each identified parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire district, the amount chargeable to the owner's particular parcel, the duration of the payments, the reason for the assessment and the basis upon which the proposed assessment was calculated together with the date, time, and location of a public hearing or, the proposed assessment. (d) Each notice shall also include, in a conspicuous place thereon, a summary of the procedures applicable to the completion, return, and tabulation of the ballots required including a disclosure statement that the existence of a majority protest will result in the assessment not being imposed. (e) Each notice mailed to owners of identified parcels within the district shall contain a ballot that includes the agency's address for receipt of a ballot once completed by any owner receiving notice whereby each owner may indicate his or her name, reasonable identification of the parcel, and support or opposition to the proposed assessment. (f) The city council shall conduct a public hearing upon the 5 http://ct2k2.capitoltrack.comBills/asm/ab 1301-1350/ab 1335 bill 20050222 introduced... 4/12/2005 AB 1335 Assembly Bill - INTRODUCED Page 4 of 8 proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the agency shall consider all protests against the proposed assessment and tabulate the ballots. The city council shall not impose an assessment if there is a majority protest. A majority protests exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. 43955. (a) Before the city council may establish a district pursuant to the chapter, the city council shall pass on ordinance declaring its intention to do so. The ordinance, in addition to all other matters it is herein required to contain, shall briefly describe the proposed improvements, state the period of time, which shall not exceed 20 years, for which the proposed improvements are to be made, and contain a description of the district to be benefited thereby and to be assessed to pay the costs and expenses thereof. (b) The ordinance of intention shall further do all of the following: (1) State that a district is proposed to be established pursuant to this chapter and describe the boundaries of the proposed district and the boundaries of each separate benefit zone to be established within the district. The boundaries may be described by reference to the map and description contained in the preliminary report of the city clerk on file in the office of the city clerk. (2) State the name of the proposed district. (3) State the type or types of improvements and activities proposed to be funded by the levy of assessments on property owners within the district, including any improvements to be acquired. (4) State the amount of the proposed assessment for the entire district, the duration of the payments, the reason for the assessment and the basis upon which the proposed assessment was calculated. (5) State the date, time, and location of a public hearing on the proposed assessment. (6) Include a ballot as described in Section 43954. (7) State, in a conspicuous place, a summary of the procedures applicable to the completion, return, and tabulation of the ballots, including a disclosure statement that the existence of a majority protest will result in the assessment not being imposed. (8) State that at the public hearing the testimony of all interested persons for or against the establishment of the district, the boundaries of the district, or the furnishing of specified types of improvements or activities will be heard. (9) Refer to the preliminary report of the city clerk on file in the office of the city clerk. (10) State the manner of collection of the assessment. 43956. Before the city council may take any action on the ordinance of intention, the city clerk shall prepare and file a report in writing, proposing that the proceeding be commenced as requested in the petition, designating the plans and specifications of the proposed maintenance, improvements, and activities for the proposed district and an estimate of the cost and expenses of the work for each year during which the proposed work will be done. The report shall include a certified engineer's report stating the district establishment is consistent with the provisions of Article XIII of the California Constitution in that each lot or parcel within the district to be assessed is being assessed in proportion to the estimated benefit to be received, and containing a diagram showing the boundaries of the proposed assessment district and each lot or parcel of land within the district proposed to be assessed. http://ct2k2.capitoltrack.com/Bills/asm/ab 1301-1350/ab 1335 bill 20050222 introduced... 4/12/2005 AB 1335 Assembly Bill - INTRODUCED Page 5 of 8 43957. Upon a demonstrated show or support, through petition, of a least 30 percent of the weighted property owners who will pay into the proposed community benefit assessment district, the city clerk will bring the issue of the proposed district to the committee as may be designated by the city council. Upon review of the city clerk's office and approval of the designated committee the proposed district with the ordinance of intention shall be sent to the city council for consideration. Upon the recommendations of the designated committee and the filing of the report, the city clerk shall present the report to the city council for its consideration and the city council may approve, correct, or modify the report in any respect, or may direct the city clerk to make changes therein. When the report has been approved, or approved as modified and corrected, the city council may pass an ordinance declaring its intention to establish the district. 43958. (a) A complete copy of the ordinance of intention shall be mailed by first-class mail to each property owner in the proposed district, and to each neighborhood council known by the city council to be located within the proposed district, no later than 45 days before the public hearing.(b) In addition to first-class mailed notice of each property owner within the proposed district, the city council shall publish the ordinance of intention in a newspaper of general circulation in the city once, at least seven days before the public hearing. 43959. At any time prior to the date set for hearing protests, any person affected by the proposed assessment may make written protest stating his or her objections. The protests shall contain the information contained in the ballot mailed to the property owner in sufficient detail to allow the city clerk to identify the owner, the parcel, and the amount of the proposed assessment. At the time set for hearing protests, or at any time to which the hearing may be continued, the city council shall proceed to hear and pass on all protests. The city council shall not impose an assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to formation of the proposed assessment exceed the ballots submitted in favor of the assessment. The ballots shall be weighed in proportion to the assessment upon the affected property. 43960. Following adoption of the ordinance of intention, the city clerk shall record a notice and map describing the assessment district pursuant to Division 4.5 (commencing with Section 3100) of the Streets and Highways Code. All the provisions of that division apply to the district established pursuant to this chapter. 43961. Not earlier than 30 days after the adoption of the ordinance of intention to establish the proposed district, and if there is no majority protest as described in Section 43959, and after the effective date of the ordinance of intention, the city council shall adopt an ordinance consistent with the ordinance of intention. The adoption of the ordinance establishing the district and levying the assessment, and recordation of the notice and map, shall constitute the levy of an assessment in each of the fiscal years referred to in the community benefit district plan. This ordinance shall contain all of the following: (a) A summary of the community benefit district plan. (b) The number, date of adoption, and title of the ordinance of intention. (c) The time and place where the public hearing was held concerning the establishment of the district or the levying of a new assessment. (d) A determination regarding any protests received. http://ct2k2.capitoltrack.com/Bills/asm/ab 1301-1350/ab 1335 bill 20050222 introduced... 4/12/2005 AB 1335 Assembly Bill - INTRODUCED Page 6 of 8 (e) A statement that a district has been established. (f) A statement that the improvements and activities to be provided to the district will be funded by the levy of assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements or activities outside the district or for any purpose other than the purposes specified in the ordinance of intention, as approved, or as modified and approved, by the city council at the hearing concerning the establishment of the district. (g) A finding that the property within the district will be benefited by the improvements and activities funded by the assessment to be levied. (h) A statement, if applicable, that a completion bond will be required for any improvements constructed by the district and that a continuing assessment in an amount sufficient to maintain the improvement throughout its useful life, as determined by the city clerk, will be levied on each parcel within the district regardless of whether the district is dissolved or the term of the original levy has expired. 43962. The validity of an assessment levied under the provisions of this chapter shall not be contested in any action or proceeding unless the action to contest is commenced within 30 days after the time the assessment is levied, and any appeal from a final judgment in the action or proceeding shall be perfected within 30 days after entry of the judgment. 43963. The city shall make accommodations to provide for self -administration of the district by the parcel owners paying into the district. The city clerk may contract with a nonprofit corporation to manage the district on a day-to-day basis. 43964. The city may advance funds for the first quarter of a new district so that the district may commence work prior to the initial collection of the assessments. The funds advanced may not exceed one -quarter of the assessment for the first year. The funds advanced shall then be deducted from the first year's disbursement. 43965. The collection assessments levied pursuant to this chapter shall be made at the time and in the manner set forth by the city council in the ordinance of intention. The assessment may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. 43966. The management corporation shall cause to be made on an annual basis, a report that shall explain the results of the improvements and activities funded by the district.(a) The report shall be filed with the city clerk and shall refer to the district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the district or in any benefits zones within the district. (2) The improvements and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements and the activities for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The amount of any contributions to be made from sources other http://ct2k2.capitoltrack.com/Bills/asm/ab 1301-1350/ab 1335 bill 20050222 introduced... 4/12/2005 AB 1335 Assembly Bill - INTRODUCED Page 7 of 8 than assessments levied pursuant to this chapter. (b) The city council may approve the report as filed by the management corporation or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Section 43967. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments. 43967. (a) The management corporation may, at any time, request that the city council modify the community benefit district plan. Any modification of the community benefit district plan shall be made pursuant to this section. (b) Upon the written request of the advisory board, the city council may modify the community benefit district plan by adopting an ordinance after holding hearings on the proposed modification pursuant to Section 43959. (c) The city council shall adopt an ordinance of intention that states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 60 days after the adoption of the ordinance of intention. Notice of the public hearing shall be provided in Section 43958. The public hearing shall be conducted as provided in Section 43959. (d) The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting an ordinance determining to make the modifications after holding a public hearing on the proposed modifications. Notice of the public hearing and the proposed modifications shall be published as provided in Section 43958. (e) The public hearing shall be conducted as provided in Section 43959. (f) Any subsequent modification of the ordinance shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100) of the Streets and Highways Code. 43968. (a) Any district established or extended pursuant to the provisions of this chapter, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be dissolved by ordinance of the city council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. The notice and hearing shall be held pursuant to Sections 43958 and 43959. (2) During the operation of the district, there shall be a 30-day period each year in which assesses may request dissolution of the district. The first period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners of real property in the area who pay 30 percent or more of the assessments levied, the city council shall enact an ordinance of intention to dissolve the district. The city council shall notice a hearing on disestablishment. The notice and hearing shall be held pursuant to Sections 43958 and 43959. In the event that the district has constructed any improvements, an amount of assessment equal to the amount needed to maintain the improvements through its useful life, as determined by the city clerk, shall continue to be levied upon each parcel in the district after dissolution of the district. (b) The city council shall adopt an ordinance of intention to http://ct2k2.capitoltrack.com/Bills/asm/ab 1301-1350/ab 1335 bill 20050222 introduced... 4/12/2005 AB 1335 Assembly Bill - INTRODUCED Page 8 of 8 dissolve the district prior to the public hearing required by this section. The ordinance shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The public hearing shall be held not less than 30 or more than 60 days after the adoption of the ordinance of intention. Notice of the public hearing shall be published as provided in Section 43958. (c) Upon the dissolution of a district, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be refunded to the owners of the property then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district was disestablished, other than amounts needed to maintain any improvements constructed by the district. If the dissolution occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessment levied in the immediate prior fiscal year shall be used to calculate the amount of refund. (d) Notice of the dissolution of a district shall be published once in a newspaper of general circulation in the city, not later than 15 days after the ordinance disestablishing the district is adopted. http://ct2k2.capitoltrack.com/Bills/asm/ab 1301-1350/ab 1335 bill 20050222 introduced... 4/12/2005 ITEM #34 4/5/05 BACKGROUND ON ASSEMBLY BILL 1335 The Community Benefit District Act of 2005 State of California Background: In the 21s` century, things that Californians never believed possible a mere five years ago, are in fact occurring. The movement of residents to our core urban areas and Downtowns has astounded even those who like to consider themselves urban experts. Urban housing construction is an era that has arrived, reversing trends for peripheral residential development that began over 120 years ago. Not since the 1880s and the rapid increase of the electrical streetcar, has there been such a rapid and dramatic movement of people from one sector of the City to another. This time, the move it back to the urban core, radically transforming land uses. Old hotels become condos, parking lot become high rise residential uses and row homes occupy former weed filled lots. In San Diego, Sacramento, San Francisco, Oakland, Los Angeles, Fresno, Ventura, El Cajon, Oceanside, San Jose — residents are flooding into our older urban core areas. As these people come from the suburbs or from other states, they bring with them their expectation for order and cleanliness in the public rights of way. Unfortunately, our laws have not kept up with these radical changes in land use and we currently have no universal mechanism for improving the quality of life in the public rights of way. In 1994, the Property Business Improvement District law was passed by the legislature and signed into law by Governor Wilson. The act provided for the creation of new commercial based "special benefits districts". These districts, and their formation, was further defined by the passage of Proposition 218 in November 1996, which amended the California state constitution. Over the past five years, charter cities including San Diego, Los Angeles; San Francisco, Alameda, Berkeley, Oakland, and Richmond, have all adopted new special benefits district ordinances to accommodate the above referenced land use changes. Simply put, whereas ten years ago most Downtowns or urban core areas were predominantly commercial and/or empty, today they are being increasingly filled with high density residential developments. Residents, which now fill our core urban areas, do not like take kindly to being included in of a "businessimprovement district", but are increasingly willing to support "community benefit districts". Seven such districts are underway in San Francisco today. What might have been relevant ten years ago with the creation of the "property business improvement district" is no longer so. Our urban areas are no longer simply business oriented but increasingly "mixed use". The legislature must consider new legislation to react to the market and where are cities are heading. General law cities should have the sane rights to utilize flexible special benefits district legislation as their sister Charter cities have done. Based upon a concept developed in Maryland, Illinois and Pennsylvania, a new California Community Benefit District Act is proposed for consideration by the legislature. This new act would provide general law and charter cities with a level playing field in responding to the needs of their new urban residents. The act would: ➢ Apply the standards and requirements laid out in Proposition 218 to the funding of special benefits in urban core areas with mixed uses; ➢ Provide for the voting of the formation of such districts through the mail ballot procedures as outlined in Article XIII (d) of the state constitution; ➢ Allow for the levying of community controlled assessments on residential, business and or industrial or "mixed use parcels" to fund pre -determined special benefits in our core urban areas; ➢ Provide a reasonable petition threshold for triggering formation mail balloting and allow for equal ease in disestablishment; (30% weighted demonstration of support to form or disestablish); ➢ Allow for longer term districts (up to 20 years), to fund capital improvements, if voted upon by the property owners; ➢ Take control of special benefit funds to a new level and instill the concept of "participatory democracy, with a budget". ➢ Provide those services in urban areas which require community controlled systematic maintenance of the public rights of way, to the standards that new residents, as well as businesses desire; ➢ Create a legal framework in which this new law could be utilized by motivated property owners seeking services greater than those currently provided by their respective county or municipality; ➢ Provide for greater public space development and maintenance in our core urban neighborhoods; ➢ Provide a mechanism for dealing effectively with the critical quality of life issues in core urban areas; ➢ Support past legislation which encourages in -fill development, dense housing opportunities and transit oriented development. > Further define through practical community oversight of the relationship between general and special benefits; Throughout the country, our core urban areas are becoming the new frontiers — revisited. This legislation will facilitate this trend and make California a leader in demonstrating to the rest of the country how the City can be seen as a sign of a positive future. NATIONAL • CITY •TRANSIT MONTHLY REPORT APRIL-2005 Technology ITEM #27 5/19/05 1. Completion for the joint NC -MIS Department—NCT project for community messaging via electronic kiosks is anticipated by late -April- early May 05. 2. A joint NCT-NCPD Security camera project is being evaluated for possible placement of Real Time video cameras along a NCT bus route possibly within a few months. NCT CIP funding is available for a small demonstration project. Ridership: MAR-04 FEB 05 MAR-05 Ridership : 155,385 125,804 146,508 Passengers per mi. 3.63 3.38 3.53 Passengers per hr. 40.49 39.14 40.70 Revenue miles: 42,790 37,199 41,523 Revenue Hours: 3,657 3,214 3,599 Road Calls 07 05 01 Accidents 01 02 00 Lift deployments N/A 419 616 Our on -time performance 82.40°/„ 97.6`Y0 92.5% Maintenance: NCT Revenue vehicles used 12,714 gallons of low sulfur diesel fuel. Our average cost per gallon was $1.848 per gallon in February, which is still well above the FY05 assumption of $1.10 per gallon. M'I'S will utilize their fuel emergency fund to reimburse NCT budget for any shortfall if necessary. NdT maintenance personnel performed 16 Preventative Maintenance Inspections (PMI's) and made 44 minor repairs consisting of electronic sensors, tires, belts, batteries, roof hatch and decals. We also made 6 major repairs consisting of clutch, seals, air and hydraulic pump repairs to our fleet vehicles in March. Route Development & Marketing: Our NCT trailer was used to distribute MTS system and schedule information on Wednesday, March 16th before/after the Chamber of Commerce Breakfast at the MLK Community Center. These trailers are available at no charge to NC Departments and organizations. NCT is also pleased to announce that our Route schedules are now available in Filipino (Tagalog) and Spanish for the first time and NCT buses were used to distribute flyers (see attached) for 522 West 8th St. • National City, California 91950-1004 (619) 474-7505 Fax (619) 474-2058 McDonald Transit Associates, Inc., Contract Operator for NCT 1 upcoming special events. NCT provided a free orientation ride for 23 students and teachers from the Integrity Charter School on March 17th' distributed system information and answered questions. Hopefully some of the students will become regular riders. NCT hosted an informational session with MTS from 6pm-8pm at the MLK regarding the on going route analysis (COA) and possible future changes to the overall system. No NCT routes are expected to be affected in Phase I of the COA. Bus Stop Amenities: The recent NC resident assessment conducted by "Competitive Edge" regarding bus stop amenities indicated a strong community desire for more benches and shelters at NCT bus stops. Accordingly NCT installed an additional nine (9) new metal benches and three more wooden backed benches along National City Bus Routes. (See attached list) Many of these locations did not have any bench present and some were upgraded to our new style from the older wooden backed model. We also expect to receive an additional number of concrete benches in good condition for placement at NCT bus stops in the near future. Some of these benches may be available for NC Park locations as well. Administration & Community Collaboration NCT participates and is a member of many standing Transportation Committees at MTDB and SANDAG such as the Regional Transit Management Committee (RTMC), Transit Services and Facilities Committee (TSFC), Operators Advisory Committee (OAC), Capital Improvement Plan (CIP), Uniform Fare Working Group, Security Critical Incident Committee (SCIC), Transit Research Working Group, Accessible Services Advisory Committee (ASAC) and South County EDC Transportation Committee. NCT is a member of the California Transit Association (C.T.A) and the American Public Transit Association (A.P.T.A.) and is an active advocate for Regional and National Transit related issues. NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, Business/Education and Public Safety Committees and I have been elected Chamber President until February 2006. NCT is also committed to working with the National City Community and residents through direct participation in Community projects and organizations as volunteers or sponsors. NCT funded a table for the recent March 28th 7th Annual Cesar E. Chavez Commemorative Breakfast, which allowed seven (7) members of a youth coalition to attend at no cost along with three (3) NCT staff members. NCT is also willing to evaluate, and assist whenever possible to help meet the transportation needs of NC departments and organizations on a case -by -case basis for special or annual events. ubmted: ?iri15,.2 20 ohn P. Webster Sr. Vice President -General Manager National City Transit 160,000 155,000 150,000 145,000 140,000 135,000 130,000 125,000 120,000 115,000 129,424 125,804 121,23.3. TOTAL RIDERSHIP M Dec-04 ■Jan-05 ❑ Feb-05 0 Mar-05 146,508 COMPLETED LIST ON BUS STOP BENCH INSTALLATION AS OF APRIL 4, 2005 1 241h Street & D Ave (Windsor Gardens Senior Home) -remove existing wood backbench replace with new metal bench. ROUTE 601 2. L Ave & 21St. Street (Senior Apts)-remove existing wood back bench replace with new metal bench. ROUTE 602 3. Plaza Blvd & Euclid Ave (SS office) -remove existing wood backbench replace with new metal bench. ROUTES 602/603 4. Euclid Ave & 8th Street- (Convalescent Home) -no existing bench at present. ROUTE 603 5. Euclid Ave & 24th Street (Senior assisted daycare) -North side -no existing bench at present. ROUTES 602/603 6. Euclid Ave & 24th Street (Senior assisted daycare)-Southside-no existing bench at present. ROUTES 602/603 7. Plaza Blvd & Grove St. (Manila shopping center) -Eastbound -no existing bench at present. ROUTE 602 8. Plaza Blvd & Highland (South Bay Marketplace -major transfer point for NCT & MTS system) -remove existing wood backbench replace with new metal bench. ROUTES 602 & MTS 929 9. 24th Street Trolley Station (Major Transfer point NCT-MTS-remove existing wood backbench replace with new metal bench. ROUTES 610/602/603 & MTS BLUE LINE TROLLEY We will also add three (3) old style wood backed benches at the following locations: 1. D Ave & 8th Street -no existing bench at present. (Also added trash container) ROUTE 601 2. D Ave & 7th Street (St Mary's Church) -no existing bench at present. ROUTE 601 3. Plaza Blvd & L Street (retail -Bank) -no existing bench at present. ROUTE 602 We will also be evaluating ADDITIONAL BUS STOP LOCATIONS for wooden backed and concrete benches as they become available for placement. Tl� s� ykoII 1-=.uc_ifc9 ec7mP�'+ .ffi["Y "v: .sY �: A 3R. _ ,t SYtF' F^f�,. ?�. 29C:i�:.Y ii ^.^-.C.CM1 �+''+KI 1'� v."a_�` L (Gpcos\ arc) Career Development Workshops Southwestern College Higher Education Center Family Resource Center 880 National City Blvd. (619) 216-6672 Workshop A (Bilingual) *Employment Training & Interview Skills Tuesday, February 15th 6:00 pm — 9:00 pm 1. Learn how to Evaluate Employment Opportunities 2. 1-low to Properly Prepare for a Job Interview Workshop B (English) *Career .Research Wednesday, March 2" d 1:00 pm — 4:00 pm 1. Learn the Career Development Process 2. Introduction to Information, Skills, & Resources Necessary for Career Research 3. Learn Skills to Relate to Changing World of Work Workshop C (Spanish) Education & Career Pathways Wednesday, March 1.6t1' 10:00 am — 11:30 am 1. How to Enroll in College 2. Learn how to Break Through Barriers of Education 3. Financial Aid Information All Workshops Located at SWC Workshop D (Bilingual) *Time Management Tuesday, April 19th 6:00 pm — 9:00 pm 1. Learn how to Develop Basic Career Management Skills 2. Learn how to Set Priorities, Time Management, Effective Decision Making, & Increasing Productivity FREE CHILD CARE! * MUST REGISTER BY PHONE AT (619) 482-6550 121 SW LIE Plzm Blvd t SWC 11EC Eulrnnce Pat king Enlrauce Talleres de Desarrollo de Carreras Southwestern College Higher Education Center Centro de Recursos de la Familia 880 National City Blvd (619) 216-6672 Taller A (Bilingue) *Entrenamiento de Empleo y Consejos para Entrevistas Mantes, Febrero 15th 6:00 pm — 9:00 pm 1. Aprende Como Evaluar Oportunidades de Empleo 2. Como Prepararse Para Entrevistas de Trabajo Taller B (Engles) *Investigacion de Carreras Miercoles, Marzo 2" `i 1:00 pm — 4:00 pin 1. Aprende el Proceso de Desarrollo de Carreras 2. Introduccion a hiformacion, Habilidades, & Recursos Necesarios Para la Investigacion de Carreras 3. Aprende Habilidades Rela.cionados con los Cambios del Mundo del Trabajo Taller C (Espariol) Caminos de Educacion y Carreras Miercoles, Marzo 16th 10:00 am — 11:30 am 1. Como Inscribirse al Colegio 2. Aprende Conio Pasar los Barreras de Educacion 3. Informacion de Ayuda Financiera Taller D (Bilingue) *Eficiencia de Tiempo Mantes, Abril 19th 6:00 pm — 9:00 pm 1. Aprende el Desarrollo de Habilidades para Can -eras Basicas para Adrninisiracion 2. Aprende Como Hacer Prioridades, Eficiencia de Tiempo, Como Hacer Decisiones Efectivos, & Incrementar Productividad )L ;GRATIS Cuidado de Ninos! * SE TIENE QUE INSCRIBER POR TELEFONO AL (619) 482-6550* Todos Talleres t)bicados en SWC 4 SWC. HEE Entrance Parking Enhance 3 A Workshop A Keeping a Healthy Smile! Wed, February 9, 2005 10:00 am - 11:30 am Learn: • How to Prevent Cavities • The Right Way to Brush Your Teeth • The Importance of Dental Sealants Et Fluoride for your Children Workshop B Nutrition Et Understanding What You Eat Wed, February 23, 7005 10:00 am - 11:30 am Learn: • How a Healthy Mouth leads to a Healthy Body • How to Pick the Best Foods for your Family • How to Read a Food Label Family Resource Center Southwestern College Higher Education Center 880 National City Blvd. (619) 216-6672 Roosevelt Ave. w•sth s Plaza Blvd. ional 411 SWC HEC Entrance > Parking Entrance * Offered in English & Spanish * FREE dental gift for each participant! * Participants who attend BOTH workshop A and B will receive a 5141C CERTIFICATE OF COMPLETION! 50.111.5113. MAE. It 3 "Una amnisa sana esta siempre en moda" Taller A Manteniendo Una Sonrisa Saludable Miercoles, 9 de febrero 2005 10:00 am - 11:30 am Aprende: • Como Prevenir Caries • La Manera Correcta de Cepillar Sus Dientes • La Importancia de Selladores Dentales y Fluoruros para sus hijos Taller B Nutricion y Comprendiendo to que Comes tv\ierco[es, 23 de febrero 2005 10:00 am - 11:30 am Aprende: • Como una Boca Saludable es el camino hacia un Cuerpo Saludable • COrno Escoger las Mejores Comidas y Refrigerios para tu familia • Como leer la Etiqueta de Comida ' Family Resource Center Southwestern College Higher Education Center 880 National City Blvd. (619) 216-6672 N Roosevelt Ave. W. 8°' St. z Plaza Blvd 0 z 11 SWC HEC Entrance > Parking Entrance * Ofrecidos en Ingles y Espanol * GRATIS un regal° dental para cada participante * Participantes que asisten AMBOS talleres A y B recibircin Un Certificado de TerminaciOn de SWC jlt Higher Education Center National City Dental Hygiene Program SOUTHVVESTERN COLLEGE Offered by the students of the Dental Hygiene Program. Ofrecido por los estudiantes del Programa de Higiene Dental. FREE Services Include: • Dental Cleaning • Oral Screening • Dental X-rays • Fluoride Treatments • Sealants (children 6-18 years of age) Servicios GRATUITOS incluyen: • Limpieza Dental • Examen Oral • Radiografias Dentales Do You Need Your Teeth Cleaned? c?Necesita Una Limpieza Dental? Now at the new Higher Education Center!!! FREE DENTAL HYGIENE CLINIC GRATIS CLINICA DE HIGIENE DENTAL For an appointment please call the Dent..:! rlygiene Cli-nic at: (619) 216-6665 ext. 4875 Para luta ci.ta, favor de iktinaar a la Ciirti.ca de Higiene Dental al: (619) 216-6665 ext. 4875 880 National City Blvd. National City, CA 919.50 • Tratamientos de Fluoruro • Sellantes Dentales (para ninos de 6-18 anos de edad) Cuidado de ninos disponible! Para mas informaclon, !lame al Centro de Recursos de la famia ( ) 72 Open to the general public of all ages that meet appropriate Patient criteria for student learning. Ahierw ul piiblieo en general de [udas Ins eludes que tienen los requisi[us necesarias para el uprendi^gje (le los estndiarue.r. For more information, please calf. (619) 216-9665 Ext 4875. Para mas informaclon, !lame al: (619) 216-6665 Ext. 4875 Child care is now available! For more information, contact the Family Resource Center at 1192 6 66 216-6672 )3 Viene en Febrero Selladores Dentales/Barniz de Fluoruro Gratis Para ninos de 1 a 18 anos de edad que no tengan seguro dental (con un valor hasta de $320.00 por nino) Sabado, 26 de Febrero 9:00am--2:00pm Southwestern College Clinica de Higiene Dental 880 National City Blvd. National City, CA 91950 Habra premios para. nitios y padres iLlame hay mismo para hacer una cita! (619) 692-8858 LQue son los selladores dentales y barniz de fluoruro? Los selladores dentales son una capa de plastico especial transparente que se aplica en la superficie de las muelas de atras. El barniz de fluoruro es un esmalte con fluoruro. Se aplica en �4—, todos los dientes. %" Selladores dentales y barniz de fluoruro son seguros, no causan dolor (no se inyectan), y ayudan a prevenir las caries! NOTA: El padre o tutor debe de acompanar al nino(a). Los ninos con cita tendran prioridad. A los ninos sin cita previa se Ies atendera si es posible. h'undado por la Sociedad Dental del Collelado de San Diego , en colaboracion con la Sociedad de Iligienistas Dental en el Condado De San Diego, Programa Sonrisas del Condado de San Diego, Programa Share the Care, Programa Compartiendo el Cuidado Dental y Programa de Iligienistas Dental de Southwestern College. 7 oming in February FREE Dental Sealants & Fluoride Varnish Available to children 1-18 years with no dental resources! 1 (a value of up to $320.00 per child) Saturday, February 26th 9:00am - 2:00pm Prizes for children and parents! Southwestern College Dental Hygiene Clinic 880 National City Blvd National City, CA 91950 Call for an appointment today! 619-692-8858 What are dental sealants and fluoride varnish? Dental sealants are a special coating painted onto the chewing surfaces of the back teeth. Fluoride varnish is a special coating with fluoride. It is painted on all teeth. Dental sealants and fluoride varnish are safe, painless to get (no shots), and help prevent cavities! NOTE: Parent/guardian must accompany each child. Priority will be given to children who have appointments. Walk-ins will be taken when possible. Funded by San Diego County Dental Society, in collaboration with San Diego County Dental Hygienists' Society, San Diego County Smiles Program, Share the Care Dental Program and Southwestern College Dental Aygiene Program.