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HomeMy WebLinkAbout2006 03-21 CC CDC AGENDA PKTAgenda Of A Regular Meeting National City City Council Agenda of a Regular Meeting Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — March 21, 2006 - 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 and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board 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 Inzunza Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission 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 and Community Development Commission 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 OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 3/21/06 Page 2 CITY COUNCIL INTERVIEWS/APPOINTMENTS 1. Interviews and Appointments: Various Boards & Commissions (City Clerk) 2. Employee of the Month — Charles Nissley, Sr. Civil Engineering Technician 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 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) 4. Resolution of the City of National City authorizing the Mayor to enter into and execute an amendment to an agreement with PBS&J in the amount of $36,329 to provide sewer bill/tax roll administration and financial services for Fiscal Year 2006-07 (Sewer Service Fee funded). (Public Works) 5. Resolution of the City Council of the City of National City authorizing the 30- day review and public comment of the National City's Department's grant application for the purchase of security fencing and bulletproof glass for the Police Department in the amount of $34,723 from the 2006 Edward Bryne Memorial Justice Assistance Grant (JAG) program. (Police) 6. Resolution of the City Council authorizing, approving, and recording a street easement for public use located on K Avenue north of 13th Street. (Engineering) 7. Resolution of the City Council of the City of National City authorizing the City Manager to execute a First Amendment to Agreement for independent auditing services with Mayer Hoffman McCann, P.C. (City Attorney) COUNCIL AGENDA 3/21/06 Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City of National City amending the established street closure dates from October 2006 - March 2008 to March 2006 - October 2008 for 18th Street and 19th Street under the 1-5 crossing for the construction of the bridge false work by Caltrans. (Engineering) 9. Side Letter to the Memorandum of Understanding (MOU) between the City and Municipal Employees' Association (MEA): 4/10 work schedule. (Human Resources) 10. Temporary Use Permit — Boys & Girls Club of National City's birthday parade for Kile Morgan at 1430 D Avenue, Saturday, March 25, 2006 from 5 p.m. to 6 p.m. with no waiver of fees. (Building & Safety) 11. Temporary Use Permit - St. Anthony of Padua's Station of the Cross March — 401 W. 18TH Street, Friday, April 14, 2006 from 3 p.m. to 4 p.m. with no waiver of fees. (Building & Safety) 12. WARRANT REGISTER # 34 (Finance) Ratification of Demands in the amount of $2,549,678.28. 13. WARRANT REGISTER # 35 (Finance) Ratification of Demands in the amount of $165,446.73. ORDINANCE FOR INTRODUCTION 14. Ordinance approving amendments to Section 13.08.20 which amends the existing subdivision installation requirements related to utilities. (Engineering) ORDINANCES FOR ADOPTION 15. Urgency Ordinance amending Section 2.28.010 of the Municipal Code, pertaining to the number of members who shall serve on the Planning Commission and amending Section 2.28.040 A of the Municipal Code, pertaining to the number of monthly meetings to be held by the Planning Commission. (City Attorney) COUNCIL AGENDA 3/21/06 Page 4 ORDINANCES FOR ADOPTION (Cont.) 16. An Ordinance of the City Council of the City of National City amending Section 2.01.020 of the National City Municipal Code to designate the City Manager as the Executive Director and Secretary of the Community Development Commission of the City of National City. (City Attorney) PUBLIC HEARINGS 17. Public Hearing: Reallocation of Community Development Block Grant Funds. (City Manager) 18. Public Hearing — 2006-2007 Consolidated Plan Funding Allocation for Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) programs — Applicant presentations. (City Manager) 19. Continued Public Hearing — A Conditional Use Permit for a wireless communications facility on Sweetwater Union High School property at 2900 Highland Avenue. (Applicant: Cingular Wireless) (Case File CUP-2005-12) (Planning) 20. Public Hearing — Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of the Van Linn Apartments (48 rental units) to condominiums at 1905-1935 J Avenue and 1904-1934 K Avenue. (Applicant: Westone Management Consultants) (Case File No. S-2003- 7/CUP-2003-26) (Planning) NON CONSENT CALENDAR 21. Resolution of the City Council of the City of National city authorizing and approving a reallocation of Community Development Block Grant (CDBG) Funds. (City Manager) 22. Resolution of the City Council of the City of National City approving the 2006-07 Consolidated Plan Funding Allocation for the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) programs. (City Manager) COUNCIL AGENDA 3/21/06 Page 5 NON CONSENT CALENDAR (Cont.) 23. Resolution accepting proposals for the Police Department's towing contract and awarding contracts to two providers: Moynahan Towing and JC Towing. Contract term: April 1, 2006 — March 31, 2009. (Purchasing/Police) NEW BUSINESS 24. Request by the National City Parks & Recreation Advisory Board to open the National City Municipal Pool from June though August, 2006. (Community Services) 25. Annual Financial Reports and Audit Review for Fiscal Year Ended June 30, 2005. (Finance) 26. National City Transit Monthly Report for March — 2006. (John P. Webster Sr., Vice President -General Manager, National City Transit) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 27. Ratification of expenditures for the period of 02/25/06 through 03/07/06 in the amount of $389,617.18. (Community Development/Finance) 28. Resolution approving an agreement with Overland Pacific & Cutler Inc., for relocation services associated with Park Village and authorizing the Chairman to execute the agreement. (Community Development Commission) NEW BUSINESS STAFF MAYOR AND CITY COUNCIL COUNCIL AGENDA 3/21/06 Page 6 CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9 (c) One Potential Case Public Employee Performance Evaluation — Government Code Section 54957. Title: City Manager NEXT MEETINGS: National City Community Development Commission Workshop - Saturday, March 25, 2006 — 8:00 a.m. — Senior Center, 1221 "D" Avenue, National City Next Regular City Council and Community Development Commission Meeting Tuesday — April 4, 2006 - 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 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 21, 2006 1 AGENDA ITEM NO. (ITEM TITLE PREPARED BY EXPLANATION INTERVIEWS AND APPOINTMENTS: Various Boards & Commissions DEPARTMENT CityClerk Michael R. Dalla EXT. Several vacancies exist on various Boards & Commissions. The vacancies have been advertised and posted. In addition, announcements have been made and flyers and applications have been distributed at Neighborhood Council meetings. The number of applicants received as this report is being prepared is very small. It is hoped that additional applications will be submitted by the March 21st Council Meeting. Any applications that are submitted will be distributed prior to the meeting along with a summary of current vacancies. ( Environmental Review N/A XX Financial Statement None MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Interview and appoint as Council deems appropriate BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below) Resolution No. None A-200 (Rev. 7/03) City of National City Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM March 9, 2006 TO Chris Zapata, City Manager FROM Alfredo J. Lopez III, Director of Human Resources SUBJECT EMPLOYEE OF THE MONTH PROGRAM Item #2 3/21/06 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in March 2006 is Charles Nissley Senior Civil Engineering Technician. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, March 21, 2006, to be recognized for her achievement and service. cc: Charles Nissley Stephen Kirkpatrick Councilmember Natividad Human Resources — Office File AJL:Igr Performance Recognition Program (2) ® Recycled Paper CITY OF NATIONAL CITY PERFORMANCE RECOGNITION AWARD NOMINATION FORM I nominate Charles Nissley, Senior Civil Engineering Technician 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 exceed150 total words. Please be as specific as possible when giving your examples. I am recommending that Charles Nissley be nominated for this month's performance recognition award from Engineering Department. Charles has worked for National City for 5 years. He started as Engineering Technician I and worked his way up to a Senior Civil Engineering Technician. Charles exemplifies teamwork not only within the Engineering Staff, but also with all departments to ensure that projects meet all city requirements prior to issuing a permit. He consistently works within the Engineering Department to assist all teams with their projects when asked, and in training the new technicians in the performances of their duties. On occasion, he is asked to perform the inspection duties while maintaining a reasonable turn around time on plan review. Charles' attitude with the public at the counter or in the field sets a standard for other to follow. FORWARD COMPLETED NOMINATION TO: Nominated b National City Performance Recognition Program Human Resources Department Stephen Kirkpatrick, City Engineer Date: March 9, 2006 ITEM #3 3/21/06 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Della — 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 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2006 4 AGENDA ITEM NO. ITEM TITLE A Resolution of the City of National City Council authorizing the Mayor to enter into and execute an amendment to an agreement with PBS&J in the amount of $36,329 to provide sewer bin/tax roll administration and financial services for Fiscal Year 2006-07 (Sew „Service Fee funded). PREPARED BY Joe Smitt(1 DEPARTMENT Public Works EXT. 4580 EXPLANATION See Attached. 1 Environmental Review X N/A MIS Approval Financial Statement See Attached. Approved By: # J • FinancVDirector Account No. 125-422-222-29, STAFF RECOMMENDATION Adopt the resolution authorizing the mayor to enter into the amended agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) 1. Resolution Resolution No. 2. Attachment "A" Scope of Services 3. Fee Schedule A-200 (Rev. 7/03) A Resolution of the City of National City Council authorizing the Mayor to enter into and execute an amendment to an agreement with PBS&J in the amount of $36,329 to provide sewer bilVtax roll administration and financial services for Fiscal Year 2006-07 (Sewer Service Fee funded). Explanation: On June 17, 2003 council, by resolution number 2003-88 approved an agreement with PBS&J to create a database that was used to transfer the collection of sewer service fees to the County of San Diego Tax Rolls. On April 19, 2005 City Council by Resolution Number 2005-77 extending said agreement providing the same service for Fiscal year 2005-2006. This resolution would amend this agreement, for the last time to provide similar services for Fiscal year 2006- 2007. The cost to provide these services has been estimated to be $36,329 and shall not be exceeded without prior written approval from the City. This agreement will provide continued assistance with annual administration of our sewer service billing. This will include the updating of any change that may have occurred to the customer database. These changes will be matched with the Sweetwater Authority's water accounts as well as the County Assessor's information and the associated charges of these chances will be applied. PBS&J will then prepare a list of these changes for Council approval subsequent to a public hearing. Once approved a sewer billing data tape will be provided to the County Assessors office. This agreement extension will also include database review, tracking reports and other services required to match Sweetwater Authority's meter data, County Assessor information and/or National City's records throughout the FY 2006-07 Financial Statement: On April 19, 2005, Council authorized an agreement with PBS&J for services related to the preparation of the FY 2005-06 sewer bill /tax roll. This amendment, in the amount of $36,329 will provide similar services for the FY 2006-07 sewer bill / tax roll (See attachment "A" for scope of services). The fees and conditions are outlined in Attachment "B". Sufficient funds to cover this fee are available in the Wastewater Division's sewer service fee fund, account number 125-422-222-299. C:1Documents and Settings sRSaucedo\My Documents \A200sWY07-Sewer Charges Tax Roll Report Preparation.doc RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND PBS&J FOR SEWER BILLING/TAX ROLL PREPARATION AND ADMINISTRATION SERVICES FOR FISCAL YEAR 2006-2007 WHEREAS, the City desires to employ a consultant to conduct ongoing sewer billing/tax roll preparation and administration services for Fiscal Year 2006-2007; and WHEREAS, the City has determined that PBS&J 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 that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with PRS&J for sewer billing/tax roll preparation and administration services for Fiscal Year 2006-2007. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of March, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT A SCOPE OF SERVICES FISCAL YEAR ENDING 2007 TAX ROLL ADMINISTRATION March 8, 2006 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 matphed 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. 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. B., Further Client Support Direct bills 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. Once the Tax roll is prepared and filed the City will normally receive minimal amounts of phone calls from customers. Most are simple explanations of the charges, but at times database research is required and the preparation of tax roll adjustments (Attachment F) is required. We have included 24 hours for database research and adjustments in Task B. PBS&J Labor/Outside Services - Page 1 of 1 TASK DESCRIPTION Pt Task Task/Sub 01 1000 2000 Tax roll preparation Update database Match customer accounts Calculate current sewer charges Prepare tax rolls Kickback/verification research Coordination w/City staff Navy handbill coordination QNQC Project Management Subtotal Further Client Support Billing research Hand Bills Subtotal TOTAL - THIS PAGE TOTAL - ALL PAGES JPA PA400-2/99 PP KK 2 SP SPIII BS SG 24 38 20 12 12 8 16 24 8 I 8 2 4 8 16 4 8 All LT 8 LABOR CODE/STAFF HOURS T TALS HOURS 0 24 46 20 14 16 16 2 32 4 174 0 24 24 48 FEE $0 $4,080 $7,620 $3,400 $2,330 $2,620 $2,520 $370 $5,040 $580 $28,560 $0 $4,080 $3,024 $7,104 PP SP SPiu All - - - PAGE TOTALS 2 162 50 8 0 0 0 0 0 0 0 0 222 2 162 50 8 0 0 0 0 0 0 0 0 222 $35,664 535,664 2006 PBSJ fee est - westl - 3/8/2006 ATTACHMENT A SCOPE OF SERVICES FISCAL YEAR ENDING 2007 TAX ROLL ADMINISTRATION March 8, 2006 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 matphed 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. 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. B., Further Client Support Direct bills 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. Once the Tax roll is prepared and filed the City will normally receive minimal amounts of phone calls from customers. Most are simple explanations of the charges, but at times database research is required and the preparation of tax roll adjustments (Attachment F) is required. We have included 24 hours for database research and adjustments in Task B. 1 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 by Sweetwater Authority. 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 and Sweetwater Authority 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. Provide customer support to the City's citizens in answering questions regarding rates and rate calculations. 2 ATTACHMENT B FEES AND CONDITIONS FISCAL YEAR ENDING 2007 TAX ROLL ADMINISTRATION March 8, 2006 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 $36,329 for FYE2007. This project budget is established based on the average of actual hours spent on each task over the last two years. It is also based on the PBS&J Standard Rate Schedule for 2006. A copy of our current billing rates as well as a detail of hours by task is attached to this proposal Task FYE 2007 Task A — Tax Roll Preparation $28,560 Task B — Client Support $ 7,104 Direct Expenses $665 Totals $36,329 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. 3 PBS&J TASK DESCRIPTION LABOR CODE/STAFF HOURS TOTALS Pt 01 Task Task/Sub 1000 2000 Tax roll preparation Update database Match customer accounts Calculate current sewer charges Prepare tax rolls Kickback/verification research Coordination w/City staff Navy handbill coordination QA/QC Project Management Subtotal Further Client Support Billing research Hand Bills Subtotal TOTAL - THIS PAGE TOTAL -ALL PAGES JPA PA400-2/99 PP KK 2 SP SPIN BS SG 24 38 20 12 12 8 16 24 8 8 2 4 8 16 4 8 All LT 8 Labor/Outside Services - Page 1 of 1 HOURS 0 24 46 20 14 16 16 2 32 4 174 0 24 24 48 FEE $0 $4,080 $7,620 $3,400 $2,330 $2,620 $2,520 $370 $5,040 $580 $28,560 $0 $4,080 $3,024 $7,104 PP SP SPt!I All - - - - - - - PAGE TOTALS 2 2 162 162 50 50 8 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 222 222 $36,664 $35,664 2006 PBSJ fee est - westl - 3/8/2006 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 08th day of March, 2006, 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 perporation and administration services for Fiscal Year 2006-2007 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 corresponding reduction or increase in the compensation associated with said change in services. S Revised August 2003 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 Public Works Director. 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 fumishing 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 effectuatethis waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Revised August 2003 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 CONSULTANTs 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 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. Revised August 2003 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 govemmental agency or involved in debarment, arbitration or litigation proceedings conceming the CONSULTANT's professional performance or the fumishing 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, 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. Revised August 2003 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 CONSULTANTs 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 Califomia, 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 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 9 Revised August 2003 purchase and maintain throughout the term of this agreement, the following insurance policies: XL 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. ment. H. Any aggregate insurance limits must apply solely to this Agree- 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 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 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 /0 Revised August 2003 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. 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 11 Revised August 2003 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: 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 9275 Sky park court suite 200 San Diego, CA 92123 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 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. Revised August 2003 ❑ 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. I. 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 Revised August 2003 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: Nick Inzunza, Mayor (Name) (Title) APPROVED AS TO FORM: ' By: George H. Eiser, III (Name) City Attorney (Title) Revised August 2003 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 03/21/06 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of the City of National City Authorizing the 30-Day Review and Public Comment of the National City Police Department's Grant Application for the Purchase of Security Fencing and Bulletproof Glass for the Police Department in the Amount of S34,723 from the 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program PREPARED BY b DEPARTMENT Walter Amedee, � EXPLANATION Mgmt. Analyst III 619/336-4556 Police The Federal U.S. Department of Justice has announced the City of National City would be awarded $34,723 or 100% in new funding for the purchase of wrought iron security fencing (minimum 10 ft. height) to secure the rear upper parking lot, and bullet resistant acrylic glass windows for the lobby counter for the Police Department. The City is required to make the grant application available for review by the City Council and assure that the application is made public and an opportunity to comment is provided to citizens for not fewer than 30 days. The City is not required to allocate any up front costs or matching funds to receive the funding. The 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program is a direct grant allocation that requires agencies to complete an on-line application and narrative justifying the use of funds. Environmental Review X N/A Financial Statement No impact; 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program is a grant that does not require any up front monies or matching funds to receive grant funding.. Account No. STAFF RECOMMENDATION Staff recommends that the City Council begin the 30-day review and public comment period, and then authorize the purchase of security fencing and bullet proof glass from the 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program utilizing $34,723 in grant funding. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Application. 2. Resolution. Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE 30-DAY REVIEW AND PUBLIC COMMENT OF THE POLICE DEPARTMENT'S GRANT APPLICATION FOR THE PURCHASE OF SECURITY FENCING AND BULLETPROOF GLASS FOR THE POLICE DEPARTMENT IN THE AMOUNT OF $34,723 FROM THE 2006 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the U.S. Department of Justice is currently reviewing a grant application from the City of National City's Police Department to purchase security fencing and bulletproof glass for the Police Department; and WHEREAS, the Police Department is required to make the grant application available for review and public comment for not fewer than 30 days; and WHEREAS, the 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program is a direct grant allocation program that entitles the Police Department to $34,723 upon approval of the grant application from the U.S. Department of Justice; and WHEREAS, the U.S. Department of Justice will award $34,723 or 100% in grant funding to the City of National City to be used to purchase security fencing and bulletproof glass. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the 30-day review and public comment of the National City Police Department's Grant application and authorizes the grant purchase of security fencing and bulletproof glass from the 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. PASSED and ADOPTED this 21st day of March, 2006. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor Page 1 of 2 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED February 27, 2006 Applicant Identifier 1. TYPE OF SUBMISSION Application Non -Construction 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5.APPLICANT INFORMATION Legal Name City of National City Organizational Unit Police Department Address 1243 National City Blvd. National City, California 91950-4302 Name and telephone number of the person to be contacted on matters involving this application Amedee, Walter 6. EMPLOYER IDENTIFICATION NUMBER (BIN) 95-6000749 7. TYPE OF APPLICANT Municipal 8. TYPE OF APPLICATION New 9. NAME OF FEDERAL AGENCY Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 16.738 CFDA EDWARD BYRNE MEMORIAL JUSTICE TITLE: ASSISTANCE GRANT PROGRAM 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT National City Police Department Fence/Bullet Proof Glass Project 12. AREAS AFFECTED BY PROJECT City of National City 13. PROPOSED PROJECT Start Date: October 01, 2005 End Date: September 30, 2009 14. CONGRESSIONAL DISTRICTS OF a. Applicant b. Project CA51 15. ESTIMATED FUNDING 16. IS APPLICATION Federal $34,723 SUBJECT TO REVIEW BY Applicant $0 STATE EXECUTIVE ORDER 12372 PROCESS? State $0 Program has not been selected https://grants.ojp.usdoj.gov/gmsexternal/applicationReview. do?print=yes 2/28/2006 Page 2 of 2 Local $0 Other $0 by state for review Program Income $0 TOTAL $34,723 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? N 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. Close Window https://grants.ojp.usdoj.gov/gmsexternallapplicationReview.do?print=yes 2/28/2006 NATIONAL CITY POLICE DEPARTMENT HOMELAND SECURITY UNIT 2006 JUSTICE ASSISTANCE GRANT Narrative PROGRAM NARRATIVE To improve the security and reduce the risk of crimes being committed against the National City Police Department Headquarters, its employees, and the visiting public, it is requested that the following improvements be installed: (1) wrought iron security fencing (minimum 10ft. height) to secure the rear upper parking lot and (2) lobby counter bullet resistant acrylic glass windows. Currently, the north, west, and south perimeter walls offer little or no security. The north and west walls are eight feet high and the south wall a mere three feet high. The south wall is easily stepped over allowing access to: department and employee vehicles, the department's alternate power source for the building, and other police equipment including but not limited to firearms and tactical equipment in marked and un-marked police vehicles. The wrought iron fencing will be 10 feet tall surrounding the rear parking lot. This will provide a protective barrier from allowing the public to gain easy access to law enforcement sensitive areas, equipment and personnel. The above ground parking area is directly over underground parking for police vehicles. Easy access to the above ground parking can increase the ability of terrorists or gangs/organized crime elements to disable police vehicles parked underground by setting off explosives. The lobby area of the police department offers no protection from the public. The lobby offers no protection for police employees from persons with a wide -range of weapons including firearm projectiles. The absence of a bullet resistance glass in the lobby area makes Police Department personnel vulnerable to random attacks at any and all times the lobby is open to the public. This poses a significant risk to the personnel that occupy that work area because the unsecured counter area offers no protection from: thrown items, gunshots, physical confrontations, and subjects jumping over the counter. The quoted acrylic bullet resistant windows are rated at level two. The level two rating signifies that these windows are 1.378 inches thick making it possible to stop a bullet from a .357 magnum. Included with the cost of the windows are four natural speak through devices that make it possible to communicate with the public and four deal trays that allow paper documents to be passed back and fourth. 1200 National City Boulevard, National City, CA 91950 • (619) 336-4433 • (619) 336-4525 fax NATIONAL CITY POLICE DEPARTMENT HOMELAND SECURITY UNIT The need for these improvements to the police department is absolutely paramount for the protection of police personnel and equipment. Public safety entities continue to be potential targets of: terrorist attacks, civil unrest, protest, and acts of vengeance and defiance by gangs/organized crime elements. There is a well -documented history of our non -sworn support staff being confronted by individuals who entered non -secure areas and who threatened their wellbeing and safety. Some of these subjects were mentally unstable, fleeing from a pursuer, and/or angry and confrontational. Unlike other entities, the nature of law enforcement is such that a greater number of potential threat factors are drawn to this facility. BUDGET NARRATIVE The wrought iron fencing installed is quoted at $15,000 and the bullet resistant acrylic windows installed is quoted at $18,000. Item Description Budgeted Amount Wrought Iron Security Fencing (incl. Installation) $15,000 Bullet Resistant Acrylic Window (incl. Installation) $18,000 Grant Administration $1,723 TOTAL $34,723 REVIEW NARRATIVE On several occasions, the National City Chief of Police has mentioned the possibility of this grant program financing these projects. Communications from the public have been positive for these improvements to take place. Due to the date of notification of the 2006 JAG grant, circumstances were no longer possible to meet the 30-day review period, prior to the application deadline of March 2, 2006. As stated in the FAQ's on the JAG website, contact was made with our JAG Grants Manager, Kerri Vitalo-Logan. We have received verbal authorization to continue with the application process and the JAG office will, upon approval, hold the application to satisfy the "available for 30 days for public review" requirement. The application will be placed on the March 21, 2006, City Council agenda for review and comment. The 2005 EB JAG Grant funds were used for the installation of "Public Safety Cameras" in a high crime area in National City. That project is proceeding according to plan and we are in the installation phase of the 2005 EB JAG Grant project. 1200 National City Boulevard, National City, CA 91950 • (619) 336-4433 • (619) 336-4525 fax City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2006 6 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council Authorizing, Approving, and Recording a Street Easement for Public Use Located on K Avenue North of 13th Street. PREPARED BY Adam Landa EXPLANATION DEPARTMENT Engineering Ext. 4394 Mr. David Hargrove, the owner of the project to the north of the dedication, is requesting the City Council to authorize, approve, and record a street easement for public use. The City Council required the dedication in connection with the construction of two new homes (Resolution 28-2002 dated Oct. 7, 2002). The easement will be used for the construction of a new cul-de-sac located on "K" Avenue north of 13th Street. Mr. Hargrove has obtained the signatures from Richard and Amanda Rojas for the street easement (see attachments) for the purpose of installing the cul-de-sac. If the easement is approved by the City Council, Mr. Hargrove would be required to pay all associated cost for the construction of the cul-de-sac. This would include new curbs and gutters, engineering cost, and street construction. J Environmental Review Financial Statement X N/A Staff recommends the approval of the street easement. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Easement dedication 3. Resolution No. 28-2002 Resolution No. K AVE A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM RICHARD A. AND AMADA R. ROJAS, DIRECTING THE RECORDATION OF A STREET DEDICATION EASEMENT GRANT DEED FOR A PARCEL OF LAND FOR STREET PURPOSES AT THE 1200 BLOCK OF "K" AVENUE, NORTH OF 13TH STREET, AND DEDICATING AND NAMING THE PARCEL OF LAND BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument conveying an interest real estate to the City of National City: STREET DEDICATION EASEMENT GRANT DEED dated February 23, 2006, from Richard A. and Amada R. Rojas (A.P.N. 561-030-32). BE IT FURTHER RESOLVED as follows: 1. That Richard A. Rojas and Amada R. Rojas have conveyed the real property described in the attached Exhibit "A" to the CITY OF NATIONAL CITY for right-of- way purposes. 2. That the CITY OF NATIONAL CITY desires that said property be dedicated for public right-of-way purposes. 3. That the descried parcels of land in Exhibit "A" shall henceforth be known as a portion of "K" Avenue. PASSED AND ADOPTED this 215t day of March 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT "A" STREET DEDICATION EASEMENT That portion of Parcel 1 of Parcel Map No. 14185 in the City of National City, County of San Diego, State of California, recorded February 26, 1986 as file no. 86-075313 in book of parcel maps at page 14185, more particularly described as follows: Beginning at the Northwest corner of said Parcel 1 of said Parcel Map No. 14185; thence along the Northerly line of Parcel 1, North 72°10'17" East, 9.88 feet to a point on the arc of a 49.76 foot radius curve, concave Westerly, a radial line to said point bears North 84°30'13" East; thence Southwesterly along the arc of said curve, through a central angle of 26°40'30", an arc length of 23.18 feet to a point on the Easterly right-of-way line of K Avenue as shown on said Parcel Map No. 14185, a radial line to said point bears South 68°49'17" East; thence along said Easterly right-of-way line of K Avenue North 17°38'50" West, 20.69 feet to the point of beginning. The above described Street Dedication contains 122.8 square feet, more or less. All as more particularly shown on Exhibit "B", attached hereto and made part hereof. Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: MAIL TAX STATEMENTS TO: • SPACE ABOVE THIS UNE FOR RECORDERS USE DOCUMENTARY TRANSFER TAX $ Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax — Firm Name "STREET DEDICATION" EASEMENT GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RICHARD A. ROJAS AND AMADA R. ROJAS, TRUSTEES OF THE RICHARD A. ROJAS AND AMADA R. ROJAS FAMILY TRUST DATED 03/19/1993 hereby GRANT(S) to THE CITY OF NATIONAL CITY the real property in the City of NATIONAL CITY County of SAN DIEGO , State of California, described as SEE EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF Dated FEBRUARY 23, 200G _ STATE OF CALIFORNIA COUNTY OF San b Signature } }ss. } On Februi0 02 yi OO (, before me, Linden0jbeat personally appeared Richard 'Y . 4'a)ayf Gil t 4mada R. R JG1 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) jt'/are subscribed to the within instrument and acknowledged to me that h,/s/they executed the same in r/t igir authorized capacity(ies), and that by VA/their signa- ture(s) on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand ar official seal. (�jl /iJL, hz5 LJ •t -ha RICHARD A. ROJAS, TRUSTEE AMADAC'.R R E TRUSTEJ4STEE Eqi ttR'VA Conviesio 1I 1086723 Noloty ruble - California Ion DNpo Cow* MpComm. I>t Mar4.20 (This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002 (1/94) EXHIBIT "A" STREET DEDICATION EASEMENT That portion of Parcel 1 of Parcel Map No. 14185 in the City of National City, County of San Diego, State of California, recorded February 26, 1986 as file no. 86-075313 in book of parcel maps at page 14185, more particularly described as follows: Beginning at the Northwest corner of said Parcel 1 of said Parcel Map No. 14185; thence along the Northerly line of Parcel 1, North 72°10'17" East, 9.88 feet to a point on the arc of a 49.76 foot radius curve, concave Westerly, a radial line to said point bears North 84°30'13" East; thence Southwesterly along the arc of said curve, through a central angle of 26°40'30", an arc length of 23.18 feet to a point on the Easterly right-of-way line of K Avenue as shown on said Parcel Map No. 14185, a radial line to said point bears South 68°49'17" East; thence along said Easterly right-of-way Tine of K Avenue North 17°38'50" West, 20.69 feet to the point of beginning. The above described Street Dedication contains 122.8 square feet, more or Tess. All as more particularly shown on Exhibit "B", attached hereto and made part hereof. EXIST. R/W EXHIBIT N M d d d°aD h. Mcd et,° FUTURE m R/W— N I7°38'50"W 32.76' 20.69' �� N 17°38'50'W : a� - , A • ^ °j ° t$ co s (0 `Q- " 144.64' C 1 : R = 4 9.76' Qp�i = 26° 40'30" oR':' L = 23. 18' �"? STREET DEDICAT ION EASEMENT 128-.44' tri M .AVENUE RESOLUTION NO. 28-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR THE DIVISION OF ONE LOT INTO TWO IN THE 1200 BLOCK OF K AVENUE APPLICANT: DAVID HARGROVE CASE FILE NO. LS-2001-4 WHEREAS, application was made for approval of a tentative parcel map for the division of one lot into two in the 1200 block of K Avenue on property generally described as: Being a two lot Subdivision of Parcel 2, Parcel Map No. 14185 in the City of National City, County of San Diego, State of California according to said Parcel Map thereof No. 14185, filed in the Office of the Recorder of San Diego County February 26, 1986. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on September 16, 2002, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. LS-2001-4 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearings; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the 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 introduced in the staff report and public hearing for said tentative parcel map, support the following findings: 1. The proposed map is consistent with the National City General Plan, since it will create additional single-family lots in a single-family residential zone, which will provide opportunities for home ownership. In addition, the proposed lot sizes exceed the 5,000 square foot minimum called for by the RS-2 Combined General Plan/Zoning Map designation. No specific plan has been adopted for the project area. • • 2. The site is physically suitable for the proposed type of development, since the geotechnical report identifies the area as suitable for single-family residences in an area already developed for the same use, and since the proposed development can be completed in compliance with Land Use Code requirements. 3. The site is physically suitable for the proposed density of development, since each lot will measure over 5,000 square feet in size in compliance with the requirements of the Land Use Code and consistent with the lot sizes of the surrounding area and Design Guidelines. 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 the disturbed site is in an urban area and is not known to contain any significant habitat. 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 conditions of approval require public street right-of-way included in the project to be vacated. 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. 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. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative parcel map for the division of one lot into two in the 1200 block of K Avenue is hereby approved subject to the following conditions: • 1. This Tentative Map authorizes the division of one lot into two. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-4`h Revision, dated 8/9/02; exhibit B-2°d Revision, dated 8/8/02; and exhibit C, dated 2/14/02, case file no. LS-2001-4. 2. A street vacation shall be required prior to recordation of the final map for the portion of right-of-way proposed for inclusion as part of Lot 1. 3. A letter from the abutting property owner to the south shall be provided prior to approval of the final map consenting to dedication of a portion of their property for completion of the cul-de-sac. 4. New homes shall have minimum 30-year composition shingle roofing. 5. Exposed retaining walls shall be "Keystone" walls or similar split -face, decorative masonry walls. Landscape plans shall include vines designed to grow on the walls for additional screening. 6. 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. 7. Plans submitted with any application for a .building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 8. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 9. A drainage plan shall be submitted showing all of the proposed an existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer or other qualified professional, and shall be in accordance with City requirements. 10. Separate street improvement plans shall be submitted, prepared by a Registered Civil Engineer, showing all of the existing and proposed improvements on the new cul-de-sac. The plans shall be in accordance with the City requirements and shall show all missing improvements. 11. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 12. A soils engineering report shall be submitted for review by the Engineering Department. 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 street pavement sections shall be in accordance with National City Standard Drawing 113-S-B. All soils report findings and recommendations shall be part of the Engineering Department requirements. 13. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. • • 14. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the drainage plan. Any new sewer lateral in the City right-of-way shall be six inches in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 15. A cost estimate shall be submitted to the Engineering Department 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. 16.. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 17. The existing fence on K Avenue encroaching upon the public right-of-way shall be removed. 18. The parcel map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 19. 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. 20. Separate water and sewer laterals shall be provided to each lot. 21. 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. 22. The final map shall be recorded prior to issuance of any building permit. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. The parcel 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. 25. Prior to recordation of the final map, 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. 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 Parcel Map 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. 26. 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 § 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this resolution shall become effective and final upon adoption, unless appealed pursuant to Section 17.04.050 of the Subdivision Ordinance of the City of National City. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 7, 2002, by the following vote: AYES: FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2006 AGENDA ITEM NO. 7 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO AGREEMENT FOR INDEPENDENT AUDITING SERVICES WITH MAYER HOFFMAN MCCANN, P.C. PREPARED BY EXPLANATION George H. Eiser, III1 DEPARTMENT Ext. 4221 City Attorney On March 23, 2004, the City entered into an Agreement for Independent Auditing Services with Conrad and Associates, L.L.P. Subsequent to the execution of the Agreement, Conrad and Associates changed their form of doing business and merged into another legal entity known as Mayer Hoffman McCann, L.L.P. Conrad and Associates has requested that the City consent to an assignment of its rights under the Agreement to Mayer Hoffman McCann, L.L.P. by approving a First Amendment to Agreement. The proposed resolution would grant that approval. Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution First Amendment to Agreement Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO AGREEMENT FOR INDEPENDENT AUDITING SERVICES WITH MAYER HOFFMAN MCCANN, P.C. WHEREAS, on or about March 23, 2004, the City entered into an Agreement for Independent Auditing Services with Conrad and Associates, L.L.P. for independent audit services to the City; and WHEREAS, the City has received a request to approve an assignment of the Agreement from Conrad and Associates, L.L.P. to Mayer Hoffman McCann, P.C., the successor in interest to Conrad and Associates, L.L.P. In connection with the request for assignment, Mayer Hoffman McCann, P.C. represents as follows: • At the execution of the Agreement, Conrad and Associates was organized and doing business as a Limited Liability Partnership; • Since the execution of the Agreement, Conrad and Associates has changed the form of doing business without other substantive change to its capabilities and resources, and has merged into another legal entity entitled Mayer Hoffman McCann, P.C.; and • Conrad and Associates seeks to assign its rights under the Agreement to Mayer Hoffman McCann, P.C. which desires to succeed to all of Conrad and Associates' rights and responsibilities under the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to execute a First Amendment to Agreement for Independent Auditing Services with Conrad and Associates, L.L.P. Said First Amendment to Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 21st day of March 2006. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor FIRST AMENDMENT TO AGREEMENT FOR INDEPENDENT AUDITING SERVICES This First Amendment to Agreement for Independent Auditing Services ("First Amendment") is entered into on this day of March, 2006 ("Execution Date"), by and between the City of National City ("City"), on the one hand, and Conrad and Associates, L.L.P. ("Contractor") and Mayer Hoffman McCann, P.C., the successor in interest to Conrad and Associates, L.L.P. ("Successor Contractor"), on the other hand, with regard to the following: RECITALS: WHEREAS, on or about the 23rd of March, 2004, City entered into an Agreement for Independent Auditing Services ("Original Contract") with Conrad and Associates, L.L.P. ("Contractor") for independent audit service to City. WHEREAS, the City has received a request to approve an assignment of the Original Contract from Conrad and Associates, L.L.P to Mayer Hoffman McCann, P.C., the successor in interest to Contractor. In connection with the request for assign'tnent, Mayer Hoffman McCann, P.C. represents as follows: i• At the execution of the Original Contract, Contractor was organized and doing business as a Limited Liability Partnership; ii. Since the execution of the Original Contract, Contractor has changed the form of doing business without other substantive change to its capabilities and resources, and has merged into another legal entity entitled Mayer Hoffman McCann, P.C.; and Contractor seeks to assign its rights under the Original Contract to Successor Contractor, and Successor Contractor desires to succeed to all of Contractor's rights and responsibilities under the Original Contract. NOW THEREFORE it is mutually agreed upon by and between the undersigned parties as follows: SECTION 1. RECITALS. The terms of the Recitals are incorporated herein by reference as a term of this First Modification. -1- SECTION 2. CONSENT TO ASSIGNMENT. Based upon the representations made by Contractor and Successor Contractor, the City hereby approves the assignment of this Agreement from Contractor to Successor Contractor, effective from the Execution Date. Effective from the Execution Date, Successor Contractor shall assume all of the rights and obligations under the Original Contract. Accordingly, all references to Conrad and Associates, L.L.P in the Original Contract and exhibits thereto are hereby replaced and superceded by Mayer Hoffman McCann, P.C. SECTION 3. INDEMNIFICATION. Successor Contractor shall defend, indemnify, and save harmless City and elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses, (including attorney and expert witness fees), arising from or connected with Contractor's or Successor Contractor's acts or omissions arising from the Original Contract, including this First Modification. SECTION 4. FULL FORCE AND EFFECT. Except as expressly modified herein, all other terms and conditions of the Original Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by its duly authorized representatives on the day and year first written above. ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney CITY OF NATIONAL CITY a California municipal corporation By -2- Chris Z City Manger CONRAD AND ASSOCIATES, L.L.P. (CONTRACTOR) e MICHAEL A. HARRISON Partner MAYER HOFFMAN McCANN, P.C. (SUCCESSOR CONTRACTOR) 43-1947695 By e77f4 Li a...e Michael A. Harrison, Shareholder 2301 Dupont Drive, Suite 200 Irvine, CA 92612 -3- City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2006 AGENDA ITEM NO. 8 ITEM TITLE A resolution of the City of National City amending the established street closures dates from October 2006 - March 2008 to March 2006 - October 2008 for 18TH Street and 19TH Street under the I-5 crossing for the construction of the bridge false work by Caltrans. PREPARED BY Charles Nissley DEPARTMENT Engineering Ext. 4396 EXPLANATION The State of California Department of Transportation (Caltrans) had previously obtained the National City Council's approval through Resolution 2004-24 to close a portion of both 18 fH Street and 19TH Street from McKinley Avenue to Wilson Avenue (under crossing I-5) for a period of eight months each to erect false work and construct Caltrans proposed bridge structural widening. When the street closures were originally requested Caltrans anticipated that the construction would occur between October 1, 2006 through Marchl, 2008, however, the schedule was changed to meet the Caltrans revised construction schedule. Therefore, Caltrans is now requesting the City of National City to amend the set street closure dates. The Caltrans proposed new street closure schedule is from March 2006 to October 2008. 2 Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Resolution No. 2004-24 Charles A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING STREET CLOSURES TO ERECT A FALSE WORK AND CONSTRUCT CALTRANS PROPOSED BRIDGE STRUCTURAL WIDENING ALONG INTERSTATE 5 OVER 18TH AND 19TH STREET IN NATIONAL CITY, AND RESCINDING RESOLUTION NO. 2004-24 WHEREAS, Caltrans has proposed to add auxiliary lanes and widen the bridge structures over 18th 19th and 24th Street along Interstate 5 in National City from March 2006 to October 2008; and WHEREAS, in order to widen the bridge structures on 18th and 19th Streets, Caltrans will need to erect a falsework that will require a temporary closure of the streets during the construction; and WHEREAS, based upon the estimated schedule, Caltrans is requesting to close the westbound traffic lanes on 18th Street from Wilson Avenue to McKinley Avenue and eastbound traffic lanes on 19th Street from McKinley Avenue to Wilson Avenue for a period of 31 months each. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the closures of 18th Street from Wilson Avenue to McKinley Avenue and of 19th Street from McKinley Avenue to Wilson Avenue during the construction of the Caltrans proposed bridge structural widening along Interstate 5, for a period of 31 months each from March 2006 to October 2008. BE IT FURTHER RESOLVED that Resolution No. 2004-24 is hereby rescinded. PASSED and ADOPTED this 21st day of March, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MAR 07 2006 17:19 FR CT—CAMINO CONST OFFGI9 EBB 0263 TO 96886848 FROM rPo+9ot 1w 11 P.05 FAX NO. : 6193364323 Mar. 87 2006 04:37PM P1 RESOLUTION NO. 2004-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING STREET CLOSURES TO ERECT A ALSE WORK AND CONSTRUCT CALTRANS PROPOSF..D BRIDGE STRUCTURAL WIDENING ALONG INTERSTATE 5 OVER is"' AND le STREET IN NATIONAL CITY WHEREAS, Canyons has proposed to add auxiliary lanes and widen the bridge structures over 18'". 18' and 24°' Street along Interstatc 5 in National City from October 2006 to March 2008; and WHEREAS, in order to widen the bridge structures on 18' and 19' Streets. Caltrans will need to erect a falsework that will recuire a temporary closure of the streets during the construction; and WHEREAS. based upon the estimated Schedule. Caltrans is requesting to close the westbound traffic lanes on 18" Street from Wilson Avenue to McKinley Avenue and eastbound traffic lanes on 19°i Street from Mcl6nley Avenue to Wilson Avenue fora period of eight months each. NOW, THEREFORE_ BE IT RESOLVED that the City Council of the City of NAdonal Clty hereby approves the closures of 18" Street from Wilson Avenue to McfGntey Avenue and on 19' Street from McKinley Avenue to Wilson Avenue during the construction of the Caltrans proposed bridge: structural widening along Interstate 5, for a period of 8 months each from October 2006 to March 2008. PASSED and ADOPTED this 17r" day of February, 2004. ATTEST: APPROVED AS TO FORM: / 3 c7IN.i 1pe George H. Eleer, tit City Attorney Nick trzuna. Mayor ** TOTAL PAGE.05 ** City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 3/21/2006 AGENDA ITEM NO. 9 ITEM TITLE Side Letter to Memorandum of Understanding between National City Municipal Employees' Association and The City of National City: 4/10 Work Schedule for MEA Employees DEPARTMENT Human Resources Department PREPARED BY Alfredo Lopez, Director of Human Resources (336-430 EXPLANATION The attached side letter has been agreed upon by the CI y and the MEA to address necessary adjustments needed to implement a 4/10 schedule. A portion of the City's operations will be shifting to a 4/10 schedule on March 28, 2006. In conjunction with this schedule change, beginning March 27, 2006, City Hall will be open for business from 7 a.m. to 6 p.m. To accomplish this schedule change without incurring over time costs, City Hall will be closed every Friday. The new schedule will be continuously monitored in terms of operational impacts, community acceptance, public accessibility, energy savings, as well as employee morale and productivity. The new schedule will extend the hours the City will be open to serve the public by two hours each day (Monday -Thursday), compared to the standard 8-5 schedule. Additionally, the new schedule will generate savings to the General Fund in gas and electric costs. The City Manager has the ability to eliminate this program at any time with a 30-day termination notice. The new schedule does not change the City's 24 hour Police and Fire emergency services, nor does it change many of the City's 7 day a week operation such as street sweeping and park maintenance. Financial Statement The 4/10 schedule is expected to generate savings to the General Fund through reduced energy usage. These savings will be monitored and periodically reported to City Council. Account No. STAFF RECOMMENDATION Approve the resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1) Resolution 2) Side Letter to MOU Resolution No. A-200 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SIDE LETTER BETWEEN THE CITY AND THE MUNICIPAL EMPLOYEES' ASSOCIATION TO IMPLEMENT A 4/10 WORK SCHEDULE WHEREAS, as part of the 18-month MOU recently entered into by the City and the Municipal Employees' Association, (MEA), a side letter has been agreed upon by the City and MEA labor representatives to address necessary adjustments to implement the 4/10 work schedule. City Hall, Martin Luther King Jr. Community Center, and select administrative offices will participate in the new schedule. 24-hour emergency services, such as Police and Fire, and a small portion of Public Works personnel will be unaffected; and WHEREAS, the shift to the new schedule will take place on Tuesday, March 28, 2006. In conjunction with the schedule change, beginning March 27, 2006, City Hall will be open for business from 7:00 a.m. to 6:00 p.m., Monday through Thursday. Thereafter, City Hall will be closed every Friday until otherwise determined by the City Manager; and WHEREAS, the new schedule will increase public service hours, generate savings to the General Fund in gas and electric costs, and improve employee productivity and morale. The City Manager has the ability to eliminate this program at any time, with a 30-Day termination notice. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a side letter between the City and the Municipal Employees' Association to implement a 4/10 work schedule. PASSED and ADOPTED this 21st day of March, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION, SEIU LOCAL 2028 AND THE CITY OF NATIONAL CITY 4/10 WORK SCHEDULE FOR MEA EMPLOYEES Effective upon Council approval of this side letter, the CITY shall adjust the work schedules of MEA employees in designated City operations and facilities. This side letter will serve both as a supplement to Article 24 and as the controlling document for issues related to the City's 4/10 schedule. (Library MEA employees have a separate side letter outlining their specific 4/10 agreement and are therefore not addressed in this document). Employees in positions that will experience a schedule change will be notified no later than 10 working days before the new schedule as called for by the current MOU. While both the City and the MEA understand the employee schedule components of the 4/10 plan, both parties also agree that the City's primary function is to service the needs of National City residents and customers. As a result, this alternative work schedule will be continuously monitored in terms of operational impacts, community acceptance, public accessibility, energy savings, as well as employee morale and productivity. 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 4/10 schedule. This may require that some employees have their day off on a different day of the week. Certain functions will maintain their current schedules and will not be affected by this side letter. Any modified work schedule shall not be considered a vested right or benefit. The City has the ability to discontinue the 4/10 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 4/10 in order to fulfill delivery of City services. Should any position or group of positions be exempted after the initial implementation, 30 days notice will be provided and the City will meet and confer. The City, MEA, and SEIU Local 2028 understand that there are aspects of work schedule changes that cannot be fully anticipated, and that the parties may need to utilize labor management meetings to discuss unforeseen circumstances should they arise. ARTICLE 24: Work Day, Work Week, Pay Period, and Pay Day Section 6: 4/10 Work Schedule Work Day: The standard work schedule requires that employees work ten (10) hour days four (4) days per week. All employees will sign an agreed upon schedule form to be kept on file in the Human Resources Department. MEA 4/10 - Side Letter to Current MOU Page 1 The standard work schedule for City Hall and Martin Luther King Jr. Community Center employees is 7:00 a.m. to 6:00 p.m. (1 hour lunch) Monday, Tuesday, Wednesday, and Thursday. These will also serve as the hours of operation during which the public can access City Hall. City Hall and Martin Luther King Jr. Community Center will be closed to the public on Friday, Saturday, and Sunday, and employees will not work on those days. Department Directors shall set individual and work group schedules outside of the standard schedule listed above for certain business operations. Therefore, employees in certain departments will have schedules that differ from City Hall and Martin Luther King Jr. Community Center employees. Examples of these schedules include: Public Works: Standard workday will be 6:00 a.m. to 4:30 p.m. (30 minute lunch) for most employees. Parks employees, street sweepers, and custodians will work on a different schedule as determined by the Department Director to insure adequate support for their respective operations. Police Department - Administrative Staff: 7:00 a.m. to 6:00 p.m., however, some employees will have Mondays off while others have Fridays off through rotations to be determined by the Chief of Police. This will insure Monday through Friday public access is provided as previously provided through 9/80 staggered scheduling. MEA employees in some City operations as well as public hours at certain City facilities will remain on current schedules. Police Dispatch — no change to current schedule Senior Center — no change to current schedule Recreation Centers — no change to current schedule Nutrition Center — no change to current schedule Section 8 — no change to current schedule Pay Day: No change. Overtime: Implementation of this schedule will have no effect on current overtime practices. Leave Time: Leave time (including Comp., Floater, 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 10 hours, 10 hours of vacation time will need to be used. Accrual Rates: Rates will be unchanged. The number of scheduled work hours during which the employee is absent will be deducted from the appropriate leave category. For example, an employee taking a single vacation day, or who is absent due to illness, will have 10 hours deducted from his/her accrual balance. MEA 4/10 - Side Letter to Current MOU Page 2 Holidays: Holidays will continue to be compensated at a rate of eight (8) hours of the employee's regular rate of pay. Employees will use 2 hours of leave time (vacation, floater, or comp.) to maintain a 40-hour workweek when those holidays occur on a regular workday. Employees also have the option of working an additional 2 hours, when determined feasible by the Department Director, within the pay week (Tuesday through Monday) in which the holiday occurs. When a holiday falls on a Friday, the day will be accrued at eight (8) hours and will be taken as a floater at a later date. When a holiday falls on a regularly scheduled day off for an employee working a staggered 4/10 schedule, then he or she will be credited with 8 floater hours for that day. All 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. Breaks: In keeping with the current rest time allotted in Article 24, Section 1, the City will continue to provide 15 minutes paid rest time for each four (4) consecutive hours worked. To account for the additional 2 hours worked during each workday required by the 4/10 schedules, an additional 7.5-minutes of rest time will be added to each workday. The Department Director shall determine the scheduling of this additional rest time. Flexibility: The City recognizes that certain employees may request some flexibility with their schedules. Individual variations to the standard 4/10 working hours may 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. Implementation: Contingent upon Council approval, the new work schedule will be implemented on Tuesday, March 28, 2006. Note: Although the 4/10 employee schedule will begin on a Tuesday for payroll purposes, the expanded public hours will begin on a Monday. Therefore, City Hall & Martin Luther King Jr. Community Center employees will need to stagger their schedules on the Mondayimmediately prior to implementation to insure public counter coverage without incurring overtime. MEA 4/10 - Side Letter to Current MOU Page 3 For the CITY: Alfredo Human Reso Date 2- Ob For the NCMEA: Jam Slade Presi ent//NCMEA Date "2-122/Ob MEA 4/10 - Side Letter to Current MOU Page 4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2006 10 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — Boys and Girls Club of National City's Birthday Parade for Kile Morgan at 1430 D Ave., Saturday, March 25, 2006 from 5 p.m. to 6 p.m. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXT. EXPLANATION This is a request from the Boys and Girls Club of National City to conduct a birthday celebration for Kile Morgan on March 25, 2006. This event will feature a parade in which the Sweetwater High School Band leaves from the High School marching north on D Ave. to the Boys & Girls Club entrance. The hours of the event are from 5:00- 6:00 p.m. The parade will last for approximately 10 minutes. Invitations to 3500 people have been sent out. Food will be served inside the Boys & Girls Club. Security has been hired for this event. Boys & Girls club personnel will handle First Aid needs. A waiver of fees is requested. The event and sponsoring organization meet the criteria in the City Council Policy No. 704 for a waiver of fees. However, due to the City's budget situation, staff is not recommending the waiver of fees. Environmental Review X N/A MIS Approval Financial Statement Approved By: The City has incurred $345.00 for processing the Finance Director TUP through various City departments, plus $221.86 for Public Works support. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (Rev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Boys & Girls Club of National City EVENT: Kile Morgan's Birthday Celebration DATE OF EVENT: March 25, 2006 TIME OF EVENT: 5 p.m. to 6 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS/PARKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: ENGINEERING Due to an upcoming resurfacing project on "D" Ave between 12th and 16th street, please specify times and duration of parade. The current declared duration of 10 minutes may be too short to accommodate parade. Please contact Kenneth Fernandez at 619-339-4388 for further information. A traffic control plan shall be submitted to the Engineering Department for review and approval prior to the event. CITY ATTORNEY 619 336-4220 Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and Parking Authority and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. PUBLIC WORKS 619-336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division 1. Staff will barricade affected streets and remove them when the event is over 2. Staff will post "No Parking" signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $221.86. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Fire access to be maintained at all times. 2) Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). Throughout the parade route and event location. 3) Parade participants to move immediately to the sidewalks upon approach of emergency vehicle(s). Vehicles in the parade to pull immediately to the right upon approach of emergency vehicle(s). FINANCE 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained for the City Revenue & Recovery Division, Business License Section. (Note: A clearance fee does apply to non-profit organizations located in National City that submit an initial business license application.) POLICE 1. Applicant will need to coordinate parade event with the traffic bureau to coordinate road closures. 2. Applicant will need to provide sufficient security for the potential crowd estimate of 3,500 people. 3. Applicant's security firm will need to develop a security plan and submit plan to the police department for approval. Type of Event: _ Public Concert /Parade Motion Picture Fair _ Demonstration _ Grand Opening Event Title: 114hdxt 1 CC h a m - cr Event Location: ys i r I3 C C.0 bS Event Date(s): From 6- Festival Circus Other BUILDING AND SANITY DEPT. RECEIVED MAR 0 6 2006 eITY, CALIF. _ Community Event _ Block Party OlaYn Y i l� Ato cdc ��c to 5- ( Pm Total Anticipated Attendance: _ onth/Day/Year ( 75- Participants) Actual Event Hours: 6` Wit/pm to &asp/pm Setup/assembly/construction Date: Start time: ( 3o0 Spectators) Please describe the scope of your setup/assembly work (specific details): __ Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Dom(thrut 10 min Sponsoring Organization: For Profit ,/ r►� �C �j_Y Not -for -Profit Chief Officer of Organization (Name) 1-{.o Applicant (Name): - i m A Gr0 O�.L�.- L- /� Address: ! 4 D !T ikven.11014"( cl.� ( C C 0..5if Fax:( j/ l7 1Ij1 Daytime Phone: (6(9) 411 54/.- Evening Phone: (01f)31(1 '0"106 Contact Person "on site" day of the event: 4 Yyi ea Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS BUILDING AND Wel DEPT. IRECEIVEI MAR 0 6 2006 NATIONAL eITY, CALIF. 1 Is your organization a "Tax Exempt, nonprofit" organization? ,WYES _ NO Are admission, entry, vendor or participant fees required? _ YESNO If YES, please explain the purpose and provide amount(s): $ 102) `(00 . aEstimated Gross Receipts including ticket, product and sponsorship sales from this event. $ YZI Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. t� 1 ii; r.1 aiiii, ticiii..Fier 4 LI fit/ Al 1 F ' Alb aell-✓ )11 � _uc/ . !J/r G�./ i di O LJ , L4i 4 'di-cid-aa i Ala4 j.. u , / ' _ YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: _ YES NO Does the event involve the sale or use of alcoholic beverages? X YES _ NO Will items or services be sold at the event? If yes, please describe: ezAnge,A,o dcvid t2 jor 4 YES _ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _i, YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing ail streets impacted by the event. _ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES 4NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: C; /Qi4 d r &IA If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL _ OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: ///1du _ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES ,NO Is this a night event? if YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please/indicate what arrangement you have made for providing First Aid Staffing and Equipment. /de z c //i o f Qi d Z�yi.T 7114J v 0o�./b f-.itls�c.1/ ip/AxitzLdf Please describe your Accessibility Plan for access at your event by individuals with disabilities: "ri WL du i-' Please provide a detailed description of your PARKING plan: et Lye/if ,Gr 4 /2c/t�6 1,4 sL a >L 4/ aie-- Please describe your plan for DISABLED PARKING: st�-yc�-1 4 Please describe your plans to notify all residents, businesses and churches impacted by the ev,eggt: G(//L Lu4./ /2 ISM �i, w' � f .„-e!/ .emu./ xrtild al/ litrZ.1,-.104211,0 NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. is YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: _ YES , NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES y NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES _)(NO Fireworks, rockets, or other pyrotechnics? If YES,please describe: 4-YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: i ( Revised 08/10/05 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization ("Zits CL L nrz tpndl Person in Charge of Activity e/h1 1-44 Address i4 c `t ��Pv o , (\,, en a( C « R ( `tSa Telephone all- 477- f,1- Date(s) of Use 3I 2s-I 0 V HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature o plicant Official Title For Office Use Only Certificate of Insurance Approved Date 3 zs--d C Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? )( Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization 9P)-) 61i c Oa 71.r 1f/x.LJ Type of Organization 7 iul-h d, (Service Club, Church, Social Servic ency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? • Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? - Yes (Please provide an explanation and details. ♦j(1 _ No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. y No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? )( Yes (Please provide an explanation and details. r Le-tfO,Ii 1 : pf al/ .{ ,n 2 g No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? )( Yes Year funds were received: o2OCkS' Funds were used to: Iduz, ia.k..462z...4 ./,G- No (P lease sign the form and submit it with the TUP Application) iS 3-6 (e, Snature Date 9 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 21, 2006 11 AGENDA ITEM NO. !ITEM TITLE TEMPORARY USE PERMIT — St. Anthony of Padua's Station of the Cross March — 401 W. 18th St., Friday, April 14, 2006 from 3 p.m. to 4 p.m. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXT. EXPLANATION This is a request from St. Anthony of Padua Church to conduct the Stations of the Cross March on Friday, April 14, 2006. The event will include street closures on Harding and Wilson Ave. between 16th and 18th St. The hours of the event are from 3:00 p.m. to 4:00 p.m. Retired NCPD Sergeant Chenelle is in charge of crowd control and internal security. A waiver of fees is requested. The event and sponsoring organization meet the criteria in the City Council Policy No. 704 for a waiver of fees. However, due to the City's budget situation, staff is not recommending the waiver of fees. Environmental Review X N/A MIS Approval Financial Statement Approved By: The City has incurred $345.00 for processing the TUP through Finance Director various City departments, plus $569.92 for Public Works staff costs. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (Rev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St. Anthony of Padua Church EVENT: Stations of the Cross March DATE OF EVENT: April 14, 2006 TIME OF EVENT: 3 p.m. to 4 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS/PARKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: POLICE 336-4400 Road closures and pedestrian foot traffic in the roadways will require police presence and involvement. Applicant will need to contact and coordinate roadway closures with traffic division. Police Contact Persons: Traffic Division Sgt. Randy Bishop, P: 336-4446 or Lt. Jose Tellez, P: 336-4543 ENGINEERING A traffic control/detour plan shall be submitted to the Engineering Department for review and approval prior to the event. All detour signs & traffic control devices shall be installed & maintained by the event holder. Please be aware that W. 16`h St. from Wilson Ave to Harding Ave is scheduled to be resurfaced (repaired) during the event's timeframe. Please contact Kenneth Fernandez at 619-3369-4388 two (2) weeks prior to the event to check, modify, and confiini schedule. Thank you. CITY ATTORNEY 619 336-4220 Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and Parking Authority and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FIRE 1) Emergency vehicle access to be maintained throughout the parade route. 2) Parade participants to move immediately to the sidewalks upon approach of emergency vehicle(s). Vehicles in the parade topull immediately to the right upon approach of emergency vehicle(s). 3) Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). Throughout the parade route and event location. PUBLIC WORKS 1. Staff will barricade affected streets and remove them when the event is over. 2. Staff will post "No Parking" signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $569.92. Unless waived by the City Council, the applicant shall pay $569.92 for staff costs associated with this permit request. FINANCE 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained for the City Revenue & Recovery Division, Business License Section. (Note: A clearance fee does apply to non-profit organizations located in National City that submit an initial business license application.) (THE SAN DIEGO COUNTY ENVIRONMENTAL HEALTH DEPARTMENT, NATIONAL CITY AND SAN DIEGO TRANSIT HAVE BEEN NOTIFIED VIA FAX) Type of Event: _ Public Concert Parade _Motion Picture Event Title: Fair _ Festival X Community Event _ Demonstration Circus _ Block Party _ Grand Opening _ Other Sfia-fion.s Of 'Mc Cross Ihar�I,, Event Location: y) O HA . ,, j�rC Lfi r)etil t i J �,'T/ c i• �7'/ q,53 Event Date(s): From Y/J yAl, to // b Total Anticipated Attendance: / 0 D Month/Day/Ye r ( 2.5i Participants) 7 Actual Event Hours: 3'o am/6 to y. vo am/ jn ( (o Spectators) Setup/assembly/construction Date: kiln- Start time: Aii/9- Please describe the scope of your setup/assembly work (specific details): Dismantle Date: Completion Time: ,0I13- am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. /lardir5 1 VP , a/' sic r• �; /71f / ll�ta / Ai/ / $ Give_ stret. - will he closed. °meet, as M©ty&.S Q1cn2 i. Sponsoring Organization: SA &4JA1072/ 6/ #ball...... For Profit )7 Not -for -Profit Chief Officer of Organization (Name) �- �/Q/f //'O 6ar is / -� Applicant (Name): J)L . (/ y /� L �� # t((.j i (C% i�ttSu ✓dia• Address: /n ��1, /04 S'fvfeel j ?/99.2- Daytime Phone: I(„/'.) (% j.- 4 4) Evening Phone: ( ) Fax: Contact Person "on site" day of the event: la , 7 je sa , je ip/`ljk. Pager/Cellular: p? 75— 963'0 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): Is your organization a "Tax Exempt, nonprofit' organization? YES _ YES NO $ P/<% Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ PP), $ �What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Estimated Expenses for this event. Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. ever771- ,r 4 /1pin-00ia 4)-r 41- r on afrt,4 deah, c. � ! us .Ch r�sf . -Ft ,6 yif2c t� crow/ U Sf ci/ofc4 a- rd72/-7,7 fun ,r-frrrf 7d GU at) 4607-7-11 / d ,e)ae/e.:, 1'4 s7 iEr- a.() e724,f -1f /hr LoesI- f/de f /,,t of church, YES _XNO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES NO Does the event involve the sale or use of alcoholic beverages? — YES $NO Will items or services be sold at the event? If yes, please describe: _ YES Y. NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES I NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES I NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas �� Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: Nfi4-GAS ELECTRIC A/} -CHARCOAL AJ,µ OTHER (Specify): A/fi- ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: AJ1r3- Trash containers with lids: 'U1/49 Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: Weil red, /cc Pb Ja7e of Cetie//e. ,u /w e1z _ YES _XNO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: — YES t NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. /04 Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: 56f /S annoaNced t Me- fut h cow ;none/y 6�a,0iN n bj J 1Jj'es Cad. , y & & zG(, /post ,g2 NOTE: Neighbor ood residents must a notified 72 hours in advance when eventlf are scheduled in the City parks. _ YES 4t NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: _ YES _4 NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES 4 NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization iJ l 4 Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claimsr demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 RED UESITF(DR A' WAIVEROF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization S%•aniAOrly a -P.adai� Type of Organization G hU r ci1 (Service Club, Church, Social Service Agency, etc.) 4 • 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) XNo (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 • 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: ignature No (P lease sign the form and submit it with the TUP Application) Date 9 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE MARCH 21, 2006 AGENDA ITEM NO. 12 ITEM TITLE WARRANT REGISTER #34 PREPARED BY DEPARTMENT Finance EXPLANATION City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #34 per Government Section Code 37208. ( Environmental Review Financial Statement Not applicable. N/A Approved By: Finance CtOr Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 2,549,678.28 BOARD / COMMISSION RE OMMEND ION fr ATTACHVIt t ROgiidee4391elow ) 2. Workers Comp Warrant Registers dated 2/22/06 3. Payroll Register dated 2/22/06 Resolution No. A-200 (9/99) Payee City of National City WARRANT REGISTER # 34 2/28/2006 Description GONZALEZ TO PAY OFFCR GONZALEZ FOR PYCK DIFF 2/22 206955 2/23/2006 917.59 CITY TREASURER FY2006 3RD QTR-METRO SEWER SYSTEM 206956 2/27/2006 1,173,956.00, RANDOLPH RPLC PAYROLL CK#32785-RETURNED BY BOFA 206957 2/28/2006 2,356.19 TRITECH SOFTWARE SYSTEMS VISICAD LAW ENFORCEMENT DATABASE/USER 206958 2/28/2006 59,349.50 ACCOUNTEMPS TEMP SRVCS REBELEZ MARY-JO W/E 02/10/06 206959 2/28/2006 1,480.00 ACCOUNTEMPS TEMP SRVCS PATRICK MORRIS W/E 02/10/06 206960 2/28/2006 1,358.00 ADAMSON INDUSTRIES (SOUTH) VECTOR REFLECTOR 206961 2/28/2006 94.84 AMERICAN HYDRO -VAC EQUIPMENT PART #3050-00840 DECAL, CAMEL CONTROL 206962 2/28/2006 392.67 BATTERY SPECIALTIES DRY CELL BATTERIES 206963 2/28/2006 171.45 BOYD RETIREE HEALTH BENEFITS MARCH 2006 206964 2/28/2006 145.00 C W REED JR RETIREMENT 2000964-S90 FOR MARCH 2006 206965 2/28/2006 981.51 CALIFORNIA COMMERCIAL SECURITY MOP 45754 - KEYS 206966 2/28/2006 15.95 CORPORATE EXPRESS MOP 45704 - OFFICE SUPPLIES 206967 2/28/2006 276.95 COUNTY OF SAN DIEGO NPDES SHARE FY 05-06 206968 2/28/2006 22,000.00 D-MAX ENGINEERING INC STORM WATER SRVCS 1/2/06-2/3/06 206969 2/28/2006 26,486.52 DAPPER TIRE COMPANY TIRES FOR CITY FLEET FOR FISCAL YEAR 206970 2/28/2006 27.99 DEFRATIS RETIREE HEALTH BENEFITS MARCH 2006 206971 2/28/2006 120.00 DICERCHIO RETIREE HEALTH BENEFITS MARCH 2006 206972 2/28/2006 70.00 DREW FORD MOP 49078 - WHEEL 206973 2/28/2006 343.14 ENTERPRISE GROUP COPY PAPER 206974 2/28/2006 1,055.95 ESGIL CORPORATION RPLC CK# 179143- FEE FOR PLAN#02020043 206975 2/28/2006 384.00 EWERT, PHILLIP RETIREE HEALTH BENEFITS MARCH 2006 206976 2/28/2006 160.00 FLEET SERVICES, INC MOP 67804 - CABLE 206977 2/28/2006 56.05 GEORGE CHEVROLET 2006 CHEVROLET SUBURBAN, NEW, UNUSED, 206978 2/28/2006 31,341.46 GFOA GFOA MEMBERSHIP FEE 04/01/06 - 03/31/07 206979 2/28/2006 510.00 GFOA GAAFR REVIEW SUBSCRP 02/01/06 - 01/31/07 206980 2/28/2006 50.00 chk no ch ate amount HAMILTON RETIREE HEALTH BENEFITS MARCH 2006 206981 2/28/2006 100.00 HANSON AGGREGATES PACIFIC INFIELD SOIL A-1 206982 2/28/2006 193.95 HEALTH NET HEALTH INS FEB 2006 57135A 206983 2/28/2006 63,401.84 HEALTH NET HEALTH -ELECT INS FEB 2006 85027A 206984 2/28/2006 2,999.98 HEALTH NET HEALTH NET 57135F FEB 2006 206985 2/28/2006 2,543.09 HEALTH NET HEALTH-RET INS 85027B FEB 2006 206986 2/28/2006 514.01 HEALTH NET HEALTH-RET INS 57135J FEB 2006 206987 2/28/2006 471.80 HOLLOWAY, WILLIAM RETIREE HEALTH BENEFITS MARCH 2006 206988 2/28/2006 150.00 HONEYWELL INC. THERMAFLEX DUCTING FOR UNIT AT KIMBALL 206989 2/28/2006 319.87 HYDRO-SCAPE PRODUCTS INC. MOP 45720 - IRRIGATION PARTS 206990 2/28/2006 45.50 INSIGHT PUBLIC SECTOR EWR HAZ MAT FEE $6.00 EACH 3C.nP.-fers 206991 2/28/2006 14,313.00 INSIGHT PUBLIC SECTOR SALES TAX ON INV#110293186 PO#68307 206992 2/28/2006 1,107.87 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE FEB 2006 206993 2/28/2006 109,537.06 KIMBLE RETIREE HEALTH BENEFITS MARCH 2006 206994 2/28/2006 300.00 LASER SAVER INC MOP 45725 - CARTRIDGES 206995 2/28/2006 177.46 LIEBERT CASSIDY WHITMORE RETAINER AGREEMENT JANUARY 2006 206996 2/28/2006 1,300.00 LIEBERT CASSIDY WHITMORE RETAINER AGREEMENT NOVEMBER 2005 206997 2/28/2006 1,300.00 LOPEZ INTERPRETATION SRVCS 02/21/06 - 01/31/06 206998 2/28/2006 200.00 LYNN PEAVEY VAPOR BARRIER POUCHES, 8 X 10, 4.5 MIL, 206999 2/28/2006 114.00 M-B COMPANIES, INC. REPAIR OF CONTROL BOX FOR STRIPER 207000 2/28/2006 256.43 MAINTEX, INC. #2622501 - CORNER TURKSH TOWELS 207001 2/28/2006 324.40 MATIENZO RETIREE HEALTH BENEFITS MARCH 2006 207002 2/28/2006 100.00 MCCABE RETIREE HEALTH BENEFITS MARCH 2006 207003 2/28/2006 280.00 MUNICIPAL AUDITING SERVICES RFND B/L #BL2345-06 CANCELLED CONTRACT 207004 2/28/2006 50.00 MURRAY, JOHN RETIREE HEALTH BENEFITS JANUARY 2006 207005 2/28/2006 150.00 MURRAY, JOI-IN RETIREE HEALTH BENEFITS FEBRUARY 2006 207006 2/28/2006 150.00 MYERS RETIREE HEALTH BENEFITS MARCH 2006 207007 2/28/2006 140.00 NAPA AUTO PARTS MOP 45735 - THERMOSTAT 207008 2/28/2006 71.94 NATIONAL CITY CAR WASH CAR WASHES FOR CITY FLEET FOR FISCAL 207009 2/28/2006 420.00 NOSAL, WILLIAM A. RETIREMENT SETTLEMENT MARCH 2006 207010 2/28/2006 921.86 NOWDOCS INTERNATIONAL, INC. W2 FORMS & ENVELOPES/1099 PAPER & ENVL 207011 2/28/2006 178.39 P G AUTO PARTS STARTER (PART #323-7610 207012 2/28/2006 409.68 PARTS PLUS AUTOSTORE #713 MOP 64946 - AUTOMOTIVE PART 207013 2/28/2006 106.90 PAUU PERRY FORD POINT LOMA CREDIT UNION POTTER PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAY RUIZ SHORT, CRAIG SOUTHERN CALIF TRUCK STOP THE STAR NEWS US STERLING CAPITAL CORP VALLEY INDUSTRIAL SPECIALTIES VASQUEZ VULCAN MATERIALS COMPANY WESTFLEX INDUSTRIAL ZIETLOW, DAVID ZIONS BANK AIRGAS WEST BAYSHORE TRANSIT MGMT INC CINTAS CORPORATION #694 COLORALL TECHNOLOGIES CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DIRECT TV DIXIELINE LUMBER CO EW TRUCK & EQUIPMENT CO INC KAISER FOUNDATION HEALTH PLAN MCDONALD TRANSIT ASSOC. INC. NATIONAL INTERSTATE INS CO. RETIREE HEALTH BENEFITS MARCH 2006 MOP 45703 - ALIGNMENT RPLC PAYROLL CK#32805-RETURNED BY BOFA RETIREE HEALTH BENEFITS MARCH 2006 MOP 45742 - MOPS SERVICE PERIOD 02-06-3 RETIREE HEALTH BENEFITS MARCH 2006 RETIREE HEALTH BENEFITS MARCH 2006 RETIREE HEALTH BENEFITS MARCH 2006 MOP 45758 - DIESEL ADVERTISING SALES TAX ORD TRADE SETTLING CHRGS 02/04/06 - 02/10/06 MOP 46453 - BACKFLOW CITYWIDE LEAD HAZARD CONTROL PROGRAM EXPENSES ASPHALT FOR FISCAL YEAR 2006 MOP 63850 - HOSE RETIREE HEALTH BENEFITS MARCH 2006 3RD LEASE PAYMENT FOR 800 MHZ EQUIPMENT MED DUTY DLK KIT PAYROLL CK DTD 02/24/06 MAINT. LAUNDRY SERVICE BUS REPAIRS OFFICE SUPPLIES PAYROLL PPE 02/18/06 JOSE VAZQUEZ PAYROLL PPE 02/18/06 SHERRY LOGEL DIRECT TV 02/13/06- 03/12/06 SHOP SUPPLIES INV# 154122/154124 - BUS PARTS MEDICAL INSUR. - MARCH 06 MANAGEMENT FEE- FEBRUARY 2006 LIABILITY INSURANCE NATL CITY CHAMBER OF COMMERCE ADVERTISING 207014 2/28/2006 340.00 207015 2/28/2006 446.02 207016 2/28/2006 24,628.38 207017 2/28/2006 150.00 207018 2/28/2006 131.50 207019 2/28/2006 60,816.49 207020 2/28/2006 190.00 207021 2/28/2006 310.00 207022 2/28/2006 300.00 207023 2/28/2006 309.88 207024 2/28/2006 1,055.76 207025 2/28/2006 99.00 207026 2/28/2006 505.56 207027 2/28/2006 300.00 207028 2/28/2006 122.89 207029 2/28/2006 27.93 207030 2/28/2006 150.00 207031 2/28/2006 48,678.25 207032 2/28/2006 215.50 207033 2/28/2006 50,750.72 207034 2/28/2006 128.34 207035 2/28/2006 400.00 207036 2/28/2006 578.69 207037 2/28/2006 50.00 207038 2/28/2006 23.04 207039 2/28/2006 74.98 207040 2/28/2006 45.64 207041 2/28/2006 877.87 207042 2/28/2006 10,419.00 207043 2/28/2006 12,776.40 207044 2/28/2006 16,632.66 207045 2/28/2006 210.00 NEW FLYER PARTS BUS PARTS 207046 2/28/2006 511.79 PRINCIPAL FINANCIAL GROUP 401 K PPE 02/18/06 207047 2/28/2006 2,661.11 SAN DIEGO COUNTY SHERIFF PAYROLL PPE 02/04/06&02/I8/06 C. RAMOS 207048 2/28/2006 100.00 STATE OF CALIFORNIA PAYROLL PPE 02/18/06 D. BUCKINGHAM 207049 2/28/2006 73.36 TORRES TRAVEL EXPENSE 207050 2/28/2006 54.62 UNISOURCE MAINTENANCE SUPPLY JANITORIAL SUPPLIES 207051 2/28/2006 75.17 Workers compensation checks Total 1,761,970.34 11286 2/22/2006 47.60 11287 2/22/2006 44.86 11288 2/22/2006 174.34 11289 2/22/2006 98.50 11290 2/22/2006 315.52 11291 2/22/2006 156.20 11292 2/22/2006 300.31 11293 2/22/2006 191.88 11294 2/22/2006 13.25 11295 2/22/2006 145.24 11296 2/22/2006 838.28 11297 2/22/2006 265.04 11298 2/22/2006 13.23 11299 2/22/2006 47.97 11300 2/22/2006 204.99 11301 2/22/2006 59.29 11302 2/22/2006 47.60 11303 2/22/2006 59.29 11304 2/22/2006 225.71 11305 2/22/2006 185.47 11306 2/22/2006 268.77 11307 2/22/2006 176.51 11308 2/22/2006 69.19 11309 2/22/2006 150.00 PAYROLL Pay period 274 Start Date End Data Check Date 1/31/2006 2/13/2006 TRANSIT WARRANTS 11310 2/222006 195.45 11311 2/22/2006 78.40 11312 2/22/2006 86.65 11313 2/22/2006 97.39 11314 2/22/2006 462.50 11315 2/22/2006 96.30 11316 2/22/2006 400.00 11317 2/22/2006 761.04 11318 2/22/2006 187.50 11319 2/22/2006 440.00 11320 2/22/2006 320.00 Total 7,224.27 Total 1,769,194.61 2/22/2006 Total 780,483.67 GRAND TOTAL 2,549,678.28 CHECK 11 207032 - 207051 20 CHECKS $96,658.89 001 104 105 109 120 125 154 171 172 191 212 230 246 254 273 276 280 282 286 294 301 302 307 552 626 627 628 629 631 632 643 724 726 City of National City Warrant Register # 34 2/28/2006 GENERAL FUND 864,107.04 LIBRARY FUND 27,382.92 PARKS MAINTENANCE FUND 17,720.43 GAS TAXES FUND 3,868.64 PLAN CHECKING REVOLVING FUND 384.00 SEWER SERVICE FUND 1,240,330.13 STATE PUBLIC LIBRARY FUND 712.13 LIBRARY SCHOOL DISTRICT CNTRCT 2,107.62 TRASH RATE STABILIZATION FUND 1,685.06 STOP PROJECT 1,450.11 PERSONNEL COMPENSATION FUND 16,310.80 ABANDONED VEHICLE ABATEMENT GRANT 1,784.68 WINGS GRANT 30,205.38 LEAD -BASED PAINT HAZARD REDUCTION GRANT 10,742.60 CBAG-MAJOR MEXICAN TRAFFICKERS 4,768.37 LITERACY SERVICES YEAR 2 0.00 AMERICORPS/CNCS YEAR 2 GRANT 3,111.18 REIMBURSABLE GRANTS CITYWIDE 14,313.00 LITERACY SERVICES III 1,153.56 HUD HEALTHY HOMES GRANT 1,831.50 GRANT-C. D. B. G. 6,434.77 CDC PAYMENTS 31,364.17 PROPOSITION A" FUND 5,757.05 TDA 96,658.89 FACILITIES MAINT FUND 19,199.47 LIABILITY INS. FUND 7,224.27 GENERAL SERVICES FUND 6,142.10 INFORMATION SYSTEMS MAINTENANC 63,512.25 TELECOMMUNICATIONS REVOLVING 2,620.37 GENERAL ACCOUNTING SERVICES 17,322.88 MOTOR VEHICLE SVC FUND 44,394.01 COBRA/RETIREE INSURANCE 3,528.90 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 1,550.00 Total 2,549,678.28 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. 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 21ST DAY OF MARCH 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE MARCH 21, 2006 AGENDA ITEM NO. 13 / ITEM TITLE WARRANT REGISTER #35 PREPARED BY DEPARTMENT Finance EXPLANATION City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #35 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Dire Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 165,446.73 BOARD / COMMISSION RECOMMENDATION ATTAVHIAJOINVit Rtjittited3Selow ) 2. Workers Comp Warrant Registers dated 3/1/06 3. Resolution No. A-200 (9,99) Payee City of National City WARRANT REGISTER# 35 3/7/2006 Description chk no chk date amount OLSON RPLC PAYROLL CK#32787-RETURNED BY BAI207052 3/1/06 1,012.90 LAFRENIERE REIMBURSE EMPLOYEE FOR RET CK CHRGS 207053 3/6/06 10.00 MIANA REIMBURSE EMPLOYEE FOR RET CK CHRGS 207054 3/6/06 25.00 OLSON REIMBURSE EMPLOYEE FOR RET CK CHRGS 207055 3/6f06 148.00 ACCOUNTEMPS TEMP SRVCS MARY-JO REBELEZ W/E 02/17/06207056 3/7/06 1,369.00 ACRO INSTRUMENT CO. REFUND OVERPMT OF BUSINESS LICENSE 207057 3/7/06 304.00 ASSI SECURITY, INC. TRAINING ON DSX SYSTEM AT CIVIC CENTE1207058 3/7/06 125.00 BDS ENGINEERING INC JAN 2006 SRVCS-PUMP STATION UPGRADES 207059 3/7/06 21,966.70 BUTLERS MILL, INC. MOP 45695 - FERTILIZER .207060 3/7/06 131.46 BUTLER'S MILL, INC. MOP 45695 - CLASS A TOPSOIL BULK 207061 3/7/06 56.25 ::EB CA GOVERNMENT TORT LIABILITY 207062 3/7/06 112.62 CINGULAR WIRELESS DATANOICE SERVICE-ACCT # 0045535344 207063 3/7/06 1,997.48 CITY OF NATIONAL CITY PETTY CASH .207064 3/7/06 368.61 CORPORATE EXPRESS MOP 45704 TONER CTRG LASR HP4100 207065 3/7/06 1,898.48 D.A.R.E. AMERICA MERCHANDISE DARE T-SHIRT, BLACK, #TS 12, SIZE LARGE 207066 3/7/06 5,537.42 DAPPER TIRE COMPANY TIRES 207067 3/7/06 1,150.59 DIXIELINE LUMBER CO. MOP 45707 - ELECTRICAL MATERIAL 207068 3/7/06 1,852.46 DOCUMENT SERVICES, ISF DEC 2005 AND JAN 2006 MAIL SERVICES 207069 3/7/06 9,953.38 DOCUMENT SERVICES, ISF OCT AND NOV 2005 MAIL SERVICES .207070 3/7/06 6,292.37 DOCUMENT SERVICES, ISF SEPTEMBER2005 MAIL SERVICES 207071 3/7/06 4,861.78 DUMAS ADVANCED SUBSISTENCE/DUMAS 207072 3/7/06 195.00 DURRA INK MOP 46766 2PT COMPLAINT FORM 207073 3/7/06 242.67 EXPRESSTEL LONG DISTANCE SRVCS #24303871 207074 3/7/06 133.81 FROMEX PHOTO & STUDIO MOP 67534 PHOTO PROCESSING PRINTS 207075 3/7/06 71.86 HARWARD EDUCATIONAL REIMB/DANIEL HARWARD 207076 3/7/06 240.00 .-IODGES VEHICLE MILEAGE REIMBU/HODGES BREND:207077 3/7/06 61.13 City of National City WARRANT REGISTER # 35 3/7/2006 Payee HYDRO-SCAPE PRODUCTS INC. KLEINFELDER, INC. LASER SAVER INC LEADON MAINTEX, INC. MUNICIPAL AUDITING SERVICES NAPA AUTO PARTS ONE SOURCE DISTRIBUTORS OUCHI'S POWER EQUIPMENT PARTS PLUS AUTOSTORE #713 PBS&J PHILLIPS PRUDENTIAL OVERALL SUPPLY ROAD ONE TOWING SAN DIEGO AREA CHAPTER ICC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO PET & LAB SUPPLY SBC/MCI SBC/MCI SBCTMCI SCHMIDT DESIGN GROUP SMART & FINAL Descriution chk no MOP 45720 - IRRIGATION PART NOV SRVCS 2005-NC PUBLIC LIBRARY MOP 45725 CARTRIDGE FOR PIO'S PRINTER 207080 ADVANCED TUITION/NCPD PAPER TOWELS BILLING SRVCS FOR DISCOVERY INVOICE 207083 MOP 45735 DELIVER 207084 207078 207079 MOP 67256 —CAMERAS AT POLICE MOP 45740 - SCREWS MOP 64946 - DISC PAD SET FINANCIAL SRVCS-FY2006 TAX ROLL ADMIN207088 ADVANCED SUBSISTENCE/PHILLIPS 207089 207081 207082 MOP 45742-LAUNDRY SHOP TOWELS MOP 45687 - TOWING UNIT #443 2006 MEMBERSHIP/ICC SAN DIEGO CHAPTER 207092 207085 207086 207087 ELECTRIC BILL/FACILITIES#94282909927 ELECTRIC BILL/FACILITIES#68199629265 ELECTRIC BILL/STREET#76860974845 ELECTRIC BILL/FACILITIES#10439934345 ELECTRIC BILL/FACILITIES#10441036857 ELECTRIC BILL/STREET#07385071072 MOP 45753-K9 SUPPLIES VOICE AND DATA/ACCT # C60-449-7549-555 VOICE AND DATA/ID # 1365370 VOICE AND DATA/ACCT # 619-477-9738-8 DEV ARCHITECTURAL PLANS -PARADISE CRk207103 207104 207090 207091 MOP 45756 TRAP BAIT 207093 207094 207095 207096 207097 207098 207099 207100 207101 207102 chk date amount 3/7/06 478.45 3/7/06 6,993.00 3/7/06 48.43 3/7/06 4,536.50 3/7/06 258.03 3/7/06 3,657.50 3/7/06 177.98 3/7/06 269.22 3/7/06 310.62 3/7/06 52.79 3/7/06 4,275.00 3/7/06 195.00 3/7/06 275.47 3/7/06 96.00 3/7/06 50.00 3/7/06 5,049.56 3/7/06 3,063.68 3/7/06 1,321.72 3/7/06 1,142.45 3/7/06 553.43 3/7/06 123.91 3/7/06 138.98 3/7/06 7,058.51 3/7/06 88.23 3/7/06 227.72 3/7/06 385.91 3/7/06 40.30 2 City of National City WARRANT REGISTER # 35 3/7/2006 Payee SOLANA CENTER SOUTH BAY WINDOW & GLASS CO SOUTHLAND AUTO BODY STRATACOM THE STAR NEWS US STERLING CAPITAL CORP WEST GROUP PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY BLUE SHIELD OF CA BOOT WORLD CABLE, PIPE & LEAK DETECT 1NC '.INTAS CORPORATION #694 ETHOS ENVIRONMENTAL, INC MCDONALD TRANSIT ASSOC. INC. PRUDENTIAL INSURANCE SOUTH COAST MEDICAL CLINIC SUPERIOR CLEANING EQUIPMENT THE LATINO UNITY COALITION Description AB ANNUAL REPORT PREPARATION 2004 WINDOW REPLACEMENT AT EL TOYON chk no 207105 207106 BODY AND PAINT REPAIR FOR CITY VEHICL1207107 MOP 63845 STOP WORK SIGN/ENG LEGAL ADVERTISING MARCH 2006 207108 207109 TRADE SETTLING CHRGS 02/11/06 - 02/17/06 207110 ON-LINE CHRGS JAN 21,2006 - FEB 20, 2006 207111 207112 207113 207114 207115 207116 207117 207118 207119 207120 MOP 45763 - CABLES DENTAL INSUR. - MARCH 06 BOOTS- MANUEL QUINONEZ WATER LEAK LOCATOR MAINT. LAUNDRY SERVICE FUEL AND OIL TREATMENT FOR BUSES. CLAIM SETTLEMENT PRUDENTIAL LIFE INSUR. - MARCH 06 PRE- EMPLOYMENT - LOPEZ, ELEANOR 1 KO1-0107 18" STEEL EAGLE BLACK HOSE 207121 COMMEMORATIVE BREAKFAST 207122 chk date 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 3/7/06 amount 750.00 59.41 1,073.61 115.84 82.00 148.63 90.51 182.83 607.53 58.16 360.00 128.34 800.00 50,000.00 231.96 108.00 354.36 300.00 Total $ 156,437.54 Workers compensation checks 11321 11322 11323 11324 11325 11326 11327 3/1/06 3/1/06 3/1/06 3/1/06 3/1/06 3/1/06 3/1/06 1,422.98 113.74 1,749.65 59.29 564.00 201.96 53.44 City of National City WARRANT REGISTER # 35 3/7/2006 Payee Description chk no chk date amount 11328 3/1/06 249.09 11329 3/1/06 380.80 11330 3/1/06 27.84 11331 3/1/06 250.00 11332 3/1/06 74.76 11333 3/1/06 23.69 11334 3/1/06 10.12 11335 3/1/06 530.64 11336 3/1/06 315.51 11337 3/1/06 114.89 11338 3/1/06 592.68 11339 3/1/06 78.40 11340 3/1/06 100.23 11341 3/1/06 58.50 11342 3/1/06 400.00 11343 3/1/06 400.00 11344 3/1/06 370.00 11345 3/1/06 32.30 11346 3/1/06 834.68 Total $ 9,009.19 Grand Total TRANSIT WARRANTS CHECK # 207113-207122 10 CHECKS $ 52,937.46 165,446.73 City of National City WARRANT REGISTER #35 3/7/2006 001 GENERAL FUND 37,725.09 105 PARKS MAINTENANCE FUND 163.46 111 P.O.S.T. FUND 248.00 125 SEWER SERVICE FUND 26,256.74 145 JUVENILE EDUCATION FUND 3,037.42 172 TRASH RATE STABILIZATION FUND 750.00 204 TRAFFIC EQUIPMENT FOR ALL 142.00 241 NATIONAL CITY LIBRARY STATE GRANT 4,186.65 242 N. CITY LIBRARY MATCHING FUND 2,254.35 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 202.84 294 HUD HEALTHY HOMES GRANT 313.25 302 CDC PAYMENTS 542.75 303 CAPITAL FACILITIES FUND 552.00 348 STATE GRANT 385.91 552 TDA 52,937.46 626 FACILITIES MAINT FUND 12,078.37 627 LIABILITY INS. FUND 9,009.19 628 GENERAL SERVICES FUND 1,944.80 631 TELECOMMUNICATIONS REVOLVING 9,505.75 632 GENERAL ACCOUNTING SERVICES 1,552.00 643 MOTOR VEHICLE SVC FUND 1,658.70 TOTAL 165,446.73 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. CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD I. 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 21ST DAY OF MARCH 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2006 14 AGENDA ITEM NO. ITEM TITLE Ordinance approving Amendments to Section 13.08.20, which amend the existing subdivision installation requirements related to utilities. PREPARED BY Adam Landa DEPARTMENT Engineering EXPLANATION Ext. 4394 In conjunction with the Engineering and Planning Departments, the City Attorney's office is proposing the attached amendments to the existing Subdivision Requirements Section 13.08.020 for the purpose of clarifying requirements associated with the undergrounding of utilities. This amendment does not affect the practice that has been followed when implementing the code, but clarifies what has become seen as an ambiguity with the recent wave of condo -conversion projects. Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Ordinance Resolution No. ordinance A-200 (9/80) ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 13.08.20 OF THE NATIONAL CITY MUNICIPAL CODE TO CLARIFY SUBDIVISION REQUIREMENTS ASSOCIATED WITH THE UNDERGROUNDING OF UTILITIES BE IT ORDAINED by the City Council of the City of National City that Section 13.08.20 of the National City Municipal Code is amended to read as follows: 13.08.020 Subdivision --Installation. In conjunction with the approval of all subdivisions, the following shall be required: A. Underground Utilities. All existing or proposed electrical, telephone or similar distribution utility facilities shall be placed underground. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily pertinent to such underground utilities or any required street lighting system may be placed above ground. All water distribution and sewer collection facilities shall be installed in conformance with the specifications of the City. B. Ornamental Street Lighting. Ornamental street lighting may be required in all locations and design as approved by the city council, upon recommendation of the planning commission. All such lighting on streets to be offered for dedication shall be electric. C. Fire Alarm Boxes. Provisions shall be made with the City for the installation of fire alarm boxes and wiring for same, in accordance with the fire alarm system of the City. D. Responsibility. The subdivider shall be responsible for complying with the requirements of this Section and shall make all the necessary arrangements with each of the serving utility companies and the City for the installation of all required facilities. PASSED and ADOPTED this day of , 2006. Nick lnzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla George H. Eiser, III City Clerk City Attorney 13.08.020 Subdivision--Installation-Requirements. In conjunction with the approval Within the boundaries of all subdivisions, the following shall be required: A. Underground Utilities. All existing or proposed electrical, telephone or similar distribution utility facilities shall be placed underground. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily pertinent to such underground utilities or any required street lighting system may be placed above ground. All water distribution and sewer collection facilities shall be installed in conformance with the specifications of the city. B. Ornamental Street Lighting. Ornamental street lighting may be required in all locations and design as approved by the city council, upon recommendation of the planning commission. All such lighting on streets to be offered for dedication shall be electric. antenna. D. Fire Alarm Boxes. Provisions shall be made with the city for the installation of fire alarm boxes and wiring for same, in accordance with the fire alarm system of the city. E. Responsibility. The subdivider shall be responsible for complying with the requirements of this section and shall make all the necessary arrangements with each of.the serving utility companies and the city for the installation of all required facilities. F. Existing Utilities. This section shall not apply to existing utilitios on existin. ..ivision& an ^eeHs^tie9 for a [n-w ^r ternat ve or Cndl or parcel] [Imdp of (Ord. 1181 § 3, 1967) EXPLANATION City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2006 AGENDA ITEM NO. 15 ITEM TITLE AN URGENCY ORDINANCE AMENDING SECTION 2.28.010 OF THE MUNICIPAL CODE PERTAINING TO THE NUMBER OF MEMBERS WHO SHALL SERVE ON THE PLANNING COMMISSION, AND AMENDING SECTION 2.28.040 A OF THE MUNICIPAL CODE PERTAINING TO THE NUMBER OF MONTHLY MEETING TO BE HELD BY THE PLANNING COMMISSION PREPARED BY George H. Eiser, III DEPARTMENT City Attorney 4221 Please see attached memorandum. Environmental Review Financial Statement N/A X N/A STAFF RECOMMENDATION Enact urgency ordinance by 4/5 vote BOARD / COMMISSION RECOMMENDATION N/A Account No. ATTACHMENTS ( Listed Below ) Memorandum from the City Attorney Memorandum from the Planning Director Proposed ordinance Resolution No. A-200 (9/80) City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, 111. City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: Mayor and City Council DATE: March 14, 2006 FROM: City Attorney SUBJECT: Amendments to Municipal Code Pertaining to the Planning Commission Pursuant to a 2003 amendment, the Municipal Code currently provides that the Planning Commission shall consist of nine members. Prior to 2003, the Commission for many years consisted of seven or of five members. The 2003 amendment also provided for three regular monthly meetings of the Commission. Prior to the amendment, the Municipal Code provided for two regular monthly meetings. The rationale behind the decision to increase the number of Commissioners, as well as the number of meetings, was that the Commission would be better suited to perform additional functions. However, the assumption of additional functions has not occurred. The Planning Department has reported that with increasing frequency, there have been difficulties in establishing a quorum of Planning Commissioners for the Commission's regular meetings. This has prevented, and threatens to prevent in the future, timely action by the Commission regarding significant land use and zoning decisions, including parcel maps, subdivision maps, conditional use permits, planned development permits, variances, specific plan adoptions and amendments, and amendments to the combined general plan/zoning map. Timely Planning Commission action on these matters is of critical importance for the physical development of the City, including implementation of the community's redevelopment plan. According to the Planning Department, the difficulties in establishing a quorum are due to a great extent to the relatively large membership of the Planning Commission. It is believed that the problem could be resolved by reducing the number of Commissioners to seven, or to five. Because Planning Commissioners receive a stipend of $100 per meeting, a reduction in the number of commissioners would also result in a cost savings to the City. Subsequent to the Municipal Code being amended to provide for the regular monthly Planning Commission meetings, the Commission has rarely found it necessary to actually hold three meetings per month. Accordingly, consistent with the recommended reduction in the number of Commissioners, it is recommended that the Municipal Code be amended to provide for two regular monthly meetings. ® Recycled Paper March 14, 2006 Page2 The proposed ordinance would amend the Municipal Code to put into effect the recommendations discussed above. The ordinance would take effect immediately as an urgency ordinance to protect the public peace, health or safety, as authorized by California Government Code Section 36937(b), GEORGE H. EISER, III City Attorney GHE/gmo To: From: Date: Re: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR George Eiser, City Attorney Mary Jo Wilson, Principal Planner March 14, 2006 Reduction of Planning Commissioners In March 2003, the City Council increased the number of Planning Commissioners from seven to nine and also increased the number of regular monthly meetings from two to three. The increase in the number of members and meetings was to facilitate the consolidation of the function and duties of the Advisory and Appeals Board, Street Tree and Parkway Committee, and Traffic Safety Committee with those of the Planning Commission duties. Per Ordinance 2003-2217, the Commission membership was increased to nine and a third regular monthly meeting was added, however, the above -mentioned Board and Committees duties and functions were never consolidated into the Planning Commission duties. Currently, the Planning Commission has two vacancies and two members with expired terms (please see attached roster). With two current vacancies, we are experiencing difficulties in achieving a quorum of the Planning Commission. In fact, staff is aware that there will not be a quorum present at the regular March 20, 2006 Planning Commission meeting. If the Commission has to cancel meetings due to a lack of a quorum, the City may be at risk for not reviewing and processing applications in a timely manner as required by State law, specifically the State Subdivision Map Act and Permit Streamlining timelines. It is believed that the difficulties in achieving a quorum are due in large part to the relatively large number of Planning Commission members. Consistent with current Council direction, staff suggests that the Commission be reduced to 7 or 5 members and that the third meeting be removed as a part of the regular meeting schedule of the Planning Commission. ® Recycled Paper ORDINANCE NO. 2006 — AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 2.28.010 OF THE MUNICIPAL CODE, PERTAINING TO THE NUMBER OF MEMBERS WHO SHALL SERVE ON THE PLANNING COMMISSION, AND AMENDING SECTION 2.28.040 A OF THE MUNICIPAL CODE, PERTAINING TO THE NUMBER OF MONTHLY MEETINGS TO BE HELD BY THE PLANNING COMMISSION WHEREAS, Section 2.28.010 of the Municipal Code currently provides that the Planning Commission shall consist of nine members; and WHEREAS, Section 2.28.040 of the Municipal Code currently provides that the Planning Commission shall hold at least three regular meetings per month, and that any regular meeting may be dispensed with by a majority vote of the Planning Commission; and WHEREAS, the Planning Commission possesses preliminary or final approval authority over the most significant land use and zoning decisions for the City, including parcel maps, subdivision maps, conditional use permits, planned development permits, variances, specific plan adoptions and amendments, and amendments to the combined general plan/zoning map; and WHEREAS, timely processing of the aforementioned land use and zoning decisions is of critical importance to the physical development of the city, including implementation of the community's redevelopment objectives; and WHEREAS, with increasing frequency, there have been difficulties in establishing a quorum of Planning Commission members as required for the holding of regular meetings, due to member absences and vacancies; and WHEREAS, the lack of a quorum has prevented, and threatens to prevent in the future, timely Planning Commission action on the land use and zoning decisions recited above; and WHEREAS, the City Council has determined, based on input from the Planning Department, that the difficulties in establishing a quorum are due to a great extent to the relatively large membership of the Planning Commission; and WHEREAS, the City Council finds that it is essential to protect the public peace, health or safety that the Municipal Code be amended immediately to reduce the number of members who shall serve on the Planning Commission; and WHEREAS, consistent with the reduction in the number of members who shall serve on the Planning Commission, the City Council finds that it is essential to the public peace, health or safety to reduce the number of regular Planning Commission meetings. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Ordinance No. 2006 — Page 2 Section 1. That Section 2.28.010 of the National City Municipal Code is hereby amended to read as follows: 2.28.010 Created. The planning commission is created to consist of seven members to be appointed by, and serve at the pleasure of, the city council. Section 2. That Section 2.28.040 A of the National City Municipal Code is hereby amended to read as follows: 2.28.040 Meetings. A. The planning commission shall hold at least two regular meetings in each month and shall annually adopt a schedule for such meetings, shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. Any regular meeting may be dispensed with by a majority vote of the planning commission. BE IT FURTHER ORDAINED that this Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public peace, health, or safety within the meaning of Section 36937(b) of the California Government Code, and shall take effect immediately. PASSED and ADOPTED this day of 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 21, 2006 SECOND READING 16 AGENDA ITEM NO. ITEM TITLE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 2.01.020 OF THE NATIONAL CITY MUNICIPAL CODE TO DESIGNATE THE CITY MANAGER AS THE EXECUTIVE DIRECTOR AND SECRETARY OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AWE PREPARED BY George H. Eiser, III ' "` DEPARTMENT City Attorney 4221 EXPLANATION At the CDC meeting of January 24, 2006, the CDC Board adopted Resolution No. 2006-09, appointing the City Manager to the position of Executive Director of the Community Development Commission. The proposed ordinance would amend Section 2.01.020 of the Municipal Code, which enumerates the powers and duties of the City Manager, to provide that the City Manager shall serve as the Executive Director and Secretary of the CDC. Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Ordinance Section 2.01.020 of the Municipal Code Resolution No. A-200 (9/80) ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 2.01.020 OF THE NATIONAL CITY MUNICIPAL CODE TO DESIGNATE THE CITY MANAGER AS THE EXECUTIVE DIRECTOR AND SECRETARY OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY BE IT ORDAINED by the City Council of the City of National City that Subsection W is added to Section 2.01.020 of the National City Municipal Code to read as follows: W. To serve as executive director and secretary of the Community Development Commission of the City of National City. PASSED and ADOPTED this 21st day of March, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2.01.010 Sections: 2.01.010 2.01.020 2.01.030 2.01.040 Chapter 2.01 CITY MANAGER* Office created —Qualifications. Powers —Duties. Intermediary role. Compensation. * For traffic administration, see Chapter 11.08. For building administration, see Chapter 15.04. 2.01.010 Office created —Qualifications. A. The office of city manager is established. The city manager shall be appointed by the city council solely on the basis of executive and adminis- trative qualifications, and shall hold office during the pleasure of the city council. No person elected to membership on the city council shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed following the ex- piration of the last term for which he was elected. B. During the absence or disability of the city manager the council may designate some properly qualified person to perform the duties of the office of city manager. (Ord. 782 § 1, 1950) 2.01.020 Powers —Duties. The city manager shall be the administrative head of the city government under the direction and con- trol 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 man- ager's control. In addition to the city manager's gen- eral powers as administrative head, and not as a limi- tation thereon, it shall be the duty and the city man- ager 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 employ- ees of the city, to transfer employees from one de- partment to another; and to consolidate or combine 33 offices, positions, departments, or units under the city manager's jurisdiction with the approval of the city council in each instance. Nothing contained in this chapter 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 appoint- ive officers and employees thereof subject to the ap- proval of the city council, except as provided in this chapter; 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 coun- cil a salary plan; I. To purchase all supplies for all of the de- partments 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 subsec- tion; J. To make investigations into the affairs ofthe city or any department or division thereof or any con- tract, 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 govern- ment of the city and in regard to the service main- tained 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 pub- lic buildings, public parks, streets and other public property which are under the control and jurisdiction of the city council; (National City Supp. No. 13, 8-05) 2.01.020 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 perm its 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 such 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, 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, ap- prove, settle or compromise such claims and de- mands in amounts not to exceed twenty-five thou- sand dollars; V. To approve change orders for previously au- thorized procurements of supplies and equipment, professional services agreements and public works contracts in amounts not exceeding an aggregate of ten percent over the original authorized contract price or twenty-five thousand dollars, whichever is greater, without prior city council approval, and to delegate such authority. (Ord. 2263, 2005: Ord. 1479 (part), 1975; Ord. 885 § 1, 1955: Ord. 782 § 2, 1950) (National City Supp. No. 13, 8-05) 34 2.01.030 Intermediary role. Except for the purpose of inquiry, the city council and its members shall deal with the administrative service solely through the city manager, and neither the city council nor any member thereof shall give orders to any of the subordinates of the city manager. (Ord. 885 § 2, 1955: Ord. 782 § 3, 1950) 2.01.040 Compensation. The city manager shall receive such salary as the city council shall from time to time determine and fix by resolution or motion. (Ord. 782 § 4, 1950) City of National City COUNCIL AGENDA STATEMENT MEETING DATE: March 21.2006 AGENDA ITEM NO, 17 ITEM TITLE: PUBLIC HEARING— REALLOCATION OF 2000-2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS PREPARED BY: LETICIA QUINTERO 9A/ DEPARTMENT CITY MANAGER'S OFFICE EXPLANATION: Staff has conducted a five-year review of the CDBG Program to determine the status of projects on both the City and CDC Budgets. The purpose of this review was to consider requests from City Departments 1) to continue active pro- jects in FY 2005-06 and 2) the City Budget had to be reconciled to the HUD-IDIS system. In addition, several ques- tions had been raised by HUD through audits of other cities, and discussions with City and CDC management, as HUD is working to tighten management controls for projects throughout California. Consequently, City has prepared an in- ternal review to anticipate any future HUD action and to revise CDBG budgets for both the City and HUD. As a result, staff is recommending several changes to the FY 2005-06 budget through a reallocation of CDBG funds. Attached is a list of projects that are no longer available for expenditures and can be reallocated (Attachment 1). There is also a list of recommended projects to fund in the reallocation process as requested by various departments (Attachment 2). Most of these changes reflect 04-05 projects that need to be added into the FY 05-06 budget. As a re- sult of the review it has been determined that a 15% cap for Public Services has been exceeded and only eligible Capital Improvement Projects can receive reallocation dollars at this time. All future allocations will continue to follow HUD regulations. These projects will be included into both the City budget and into the HUD— IDIS system. The following timeline has been set to meet reallocation requirements set by HUD and the Citizen Participation Plan 2005-2010: • Public Noticing for Citizen Participation on March 10th and 17th • Public Hearing to be held on March 21 st • 30 day Public Review for Annual Action Plan Amendment— March 31 st to May 1st • Submission of the Annual Action Plan Amendment to U.S. Department of Housing and Urban Development Environmental Review Not applicable to this report. Financial Statement Adjust the City's budget for FY 05-06. STAFF RECOMMENDATION Conduct Public Hearing and reallocate funds. BOARD/COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS (Listed Below) Resolution No. I. Funds to be reallocated 2. Projects recommended for Funding 3. Proof of Publication (Public Hearing) CDBG As of 06/30/2005 FUNDS TO BE REALLOCATED ~I � ',r ria sz PPrtrLs �� i ', i��z a+x � 3i) � 3 {�� it I��l� ��� °a ` 1'�iIR artt(It IIr... Fll�j � apie 1 (l�i� uti, F irn: 00-01 314 Fire Fighting Equipment 301 409 500 598 1576 540 540 01-02 396 Fire Station Design 301 409 500 598 1577 36,300 36,300 02-03 414 Firefighting Equipment FY 02 301 409 500 598 1176 2,864 2,864 04-05 491 Housing Inspection 301 413 132 6,823 6,823 03-04 446 Housing Inspection Pilot 301 413 134 39,163 39,163 00-01 328 Housing Inspection Program - FY 00-01 301 413 132 xxx 9,482 9,482 01-02 385 Housing Inspection Program - FY 01-02 301 413 132 xxx 10,979 10,979 02-03 404 Install Pedestrian Ramps 301 409 500 598 6134 50,000 50,000 00-01 338 Kimball Park Restroom Facility Const. 301 409 500 598 4016 126,831 126,831 04-05 493 Library - Project Literacy FY04-05 301 431 128 100 4,002 4,002 02-03 419 Library - Project Read FY 02-03 301 431 128 xxx 967 967 03-04 457 Library - Project Read FY 03-04 301 431 128 xxx 5,345 5,345 00-01 336 Miscellaneous Storm Drain Work 301 409 500 598 7062 50,000 50,000 04-05 498 Neighborhood Present Council -Community Svcs 301 441 414 lxx 25,145 25,145 04-05 Neighborhood Present Prg-PW Litter 301 422 221 299 0 50,000 50,000 04-05 496 Neighborhood Preserv-Code Enf (planning) 301 406 0 xxx 27,125 27,125 04-05 490 Recreation Teen Program 301 441 412 3xx 3,440 3,440 02-03 408 Replace Main Hall Tile Floor -Community Ctr 301 409 500 598 4009 10,037 10,037 00-01 339 Tennis Court/Basketball Court Rehab 301 409 500 598 4003 40 40 ,,, 1 1 - "..2.n9 ,flVl .a, a-rcr0',, ' TOTALS: .... ,....._ ,. $ 445,330 $ 13,755 $ 459,084 a�lll j:°u IJJ ATTACHMENT #1 CDBG As of 06/30/2005 PROJECTS RECOMMENDED FOR FUNDING e ��f Prog j12� ^£2 t , f 2 dt9X} }1`d� a3.i A ]e°M L-0 Y�I(2d �� �dl�� I� �! C $ � � E 7* 6 p � d � `f Y� d4'i G� d4 '"' ,,. ,om„a , � bo'� ��19f � 1 ... `"` � �, i Ifll 1 e f (f � 1 D i�J) I. flit 01-02 396 Fire Station Design 301 409 500 598 1577 36,300 99-00 300 Fire Station Study 301 409 500 598 1566 12,823 02-03 414 Firefighting Equipment FY 02 301 409 500 598 1176 2,864 02-03 404 Install Pedestrian Ramps 301 409 500 598 6134 50,000 97-98 185 Install Pedestrian Ramps FY 97-98 301 406 500 598 6133 9,448 97-98 158 Misc Storm Drains FY 97-98 301 409 500 598 7062 3,493 99-00 Miscellaneous Storm Drain Work 301 409 500 598 7062 50,385 00-01 336 Miscellaneous Storm Drain Work 301 409 500 598 7062 50,000 98-99 298 Pool Plumbing Rehab 301 409 500 598 1135 2,571 99-00 335 Reinstallation of Street Lights 301 409 500 598 6135 2,576 02-03 408 Replace Main Hall Tile Floor Sections 301 409 500 598 4009 10,037 02-03 415 Station #10 Exhaust Ventilation FY 02-03 301 409 500 598 1177 18,485 ** CDBG Administration 10,102 TOTAL AMOUNT FOR REALLOCATION — 05-06 BUDGET: $ 259,084 CDBG REALLOCATION FUNDS AVAILABLE FOR FY 2006-07 $ 200,000 TOTAL REALLOCATION AMOUNT: $ 459,084 EE t} FP�E °=�aV�i�� 1{I ti'.v H. ��,'2 g'� +�13�G� IX fmf oa �2.u"� �,'s� F � �o t° .. � '..v , UI "�q{ ci,�l R-, *(M ������ i;�, Ru h ri i-, 1 i �y� [ -- I IRigw+—e a _ i x I 1 Ilia ���IiII�11 ATTACHMENT #2 PUBLIC HEARING NOTICE CONSOLIDATED PLAN FUNDING REALLOCATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) The City Council of the City of National City will conduct a PUBLIC HEARING on Tuesday, March 21, 2006 at 6:00 p.m. in the City Council Chambers, 1243 National City Boulevard, National City, California. The purpose of the public hearing is for the City Council to consider the reallocation of funding CDBG funds. The public is invited to comment on the housing and community development needs of lower income households in National City. Approximately $459,000 is available for reallocation from IIUD for housing and community development projects. Further information on the above Consolidated Plan activities can be obtained at the City of National City, Community Services office, 140 E. 12th Street, Suite B, National City, CA 91950, or by contacting Leticia Quintero at (619) 336-4568 or via email luintero(aci.national-city.ca. us Chris Zapata, City Manager Published on March loth and 17th, 2006 City of National City COUNCIL AGENDA STATEMENT 18 MEETING DATE: March 21, 2006 AGENDA ITEM NO. ITEM TITLE: PUBLIC HEARING ON THE 2006-07 CONSOLIDATED PLAN FUNDING ALLOCATION FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS PREPARED BY: LETICIA QUINTERO y'V DEPARTMENT CITY MANAGER'S OFFICE The United States Department of Housing and Urban Development (HUD) has informed the City that $1,123,247 in Community Development Block Grant (CDBG) and $597,736 in HOME Investment Partnership Act (HOME) funds will be available for the 2006-07 Consolidated Plan program year . HUD requires all entitlement communities to hold a minimum of two (2) public hearings to solicit public input on the housing and community development needs of National City residents. Two (2) public hearings were duly noticed in the Star News, and the required public hearings were conducted on March 7, 2006 and March 21, 2006 for this purpose. CDBG and HOME applicants were also given the opportunity to make their formal requests to the Housing and Community Devel- opment Committee and the City Council. The purpose of this public hearing is to once again invite public input and for the City Council to make their allocation for the use of FY 2006-2007 Community Development Block Grant and HOME funds. The following timeline has been set to meet the Annual Action Plan requirements set by HUD and the Citizen Participation Plan 2005-2010: • Public Noticing for Citizen Participation on March 10th and 17th • Public Hearing to be held on March 21 st • 30 day Public Review for Annual Action Plan — March 31 st to May 1st • Submission of the Annual Action Plan to U.S. Department of Housing and Urban Development Environmental Review Not applicable to this report Financial Statement The City will receive $1,123,247 in CDBG and $597,736 in HOME funds from the Department of Housing and Urban Development for FY 2006-07. The City Council's adopted allocations will then be incorporated into the City and CDC 2006-07 Fiscal Year Budgets. STAFF RECOMMENDATION Conduct Public Hearing. BOARD/COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS (Listed Below) 1. CDBG and HOME Funding Requests. 2. Notice of Public Hearing Resolution No. 2006-2007 CDBG AND HOME ALLOCATIONS CDBG ENTITLEMENT $ Public Services (15% of Entitlement Set -Aside) $ Section 108 Loan Payment (Interest and Principal Payments) $ Available for Administration, Community Enhancement, Economic Devp. and CIP $ HOME ENTITLEMENT $ 1,123,247.00 168,487.05 506,279.00 448,480.95 597,7S6.00 Tab No. 1 Organization Cit Communit Services Program Nei hborhood Ccouncils ADMINISTRATION AN.D PLANNING Fiscal Year 05-06 Funding $ 50,000.00 Amount Requested 101,054.00 City Council Allocation PUBLIC SERVICES Tab Fiscal Year 05-06 Amount City Council No. Organization Program Funding Requested Allocation 2 Boys & Girls Club AfterSchool Transportation Program 3 4 5 6 7 8 9 10 11 12 13 City- Building & Safety City- Building & Safety City- Community Services City- Community Services City- Community Services Community Youth Athletic Center City- Library MAAC Project Occupational Training Services Operation Samahan PASACAT Graffiti Removal Neighborhood Trash Clean-up Events Tiny Tots Swim Program Teen Extreme Program Program Development Literacy Services Emergency Food Assistance Park Villas Educational Enrichment Community Based IT- training center Focus National City $ 15,725.00 $ 15,725.00 $ $ 100,000.00 $ 161,530.00 - $ 36,250.00 $ 23,000.00 $ 24,736.00 $ 21,000.00 $ 25,660.00 $ 15,000.00 $ 27,125.00 $ $ 20,000.00 $ 75,000.00 4,7,250.00 $ 47,250.00 - $ 25,000.00 - $ 5,250.00 $ 60,000.00 $ 10,000.00 $ 15,000.00 $ $ 14 15 South Bay YMCA Trauma Intervention Services National City Aquatic Center Program Team $ 60,657.00 8,000.00 $ 8,000.00 Totals $ $ Amount City Council Requested Allocation 587,183.00 Deficit $ 418,695.95 $ 168,487.05 Tab No. Organization 16 18 19 20 Cit - Buildin . & Safet Cit - Buildin & Safet NC Livin ' Histor Farm 0 aeration Samahan, Inc. PASACAT Tab No. Organization 21 NC Chamber of Commerce 22 San Diego Hispanic Chamber COMMUNITY ENHANCEMENT Fiscal Year 05-06 Program Funding Housin • Ins section Code Enforcement Bathroom facilit Samahan Women's Clinic Renovation Pro.ect 75,000.00 50,000.00 ECONOMIC DEVELOPMENT Fiscal Year 05-06 Program Funding Resource Mobilization Diverse Emerging Vendor Outreach $ $ 5,000.00 Amount Requested $ 138,953.00 133,716.00 $ 10,000.00 $ 50,000.00 $ 200,000.00 Amount Requested 27,500.00 $ 15,000.00 City Council Allocation $ $ $ City Council Allocation $ Tab No. 23 Organization CITY CAPITAL IMPROVEMENTS Program PROJECTS Fiscal Funding $ (CIP) Year 05-06 Amount Requested $ 150,000.00 City Council Allocation $ - U. • rade of Substandard Pedestrian Rams - 24 Cit - En • ineerin • Alle Im. rovements $ - $ 150,000.00 $ - 25 Miscellaneous Storm Drain Im.rovements $ - $ 50,000.00 $ - 26 Miscellaneous Concrete Im.rovements $ - $ 100,000.00 $ - 27 Cit - Fire Fire A.. aratus Lease Pa ment #2 $ 78,453.00 $ 78,453.00 $ - 28 Cit - Fire Fire A. .aratus Lease Pa ment#4 $ 60,116.00 $ 60,116.00 29 Cit - Fire Fire A. aratus Radios $ - $ 30,000.00 $ - 30 Cit - Fire � �p atioll iota + Rescue Equi. ment PsS.'„�"-TtxiA u o t0, '3 «=t � Seer.. � ' aa� $ - $ 2,000.00 Amount Requested $ 1,296,792.00 $ - City Council Allocation $ - �� . ` '� n� Totals Deficit $ 848,811.05 $ 448,480.95 Tab No. 46 47 48 49 Organization Cit - Economic Develo i ment Christmas in Jul MAAC Pro'ect SD Habitat for Humanit HOME INVESTMENT PARTNERSHIP ACT (HOME) Fiscal Year 05-06 Funding Program Administration Home Re. air/Rehabilitation Plannin• & Pro'ect Mana•ement National Cit Sin 1e Famil Homes $ 63,000.00 $ 100,000.00 Totals Deficit Amount Requested 59,7 73.00 100,000.00 80,000.00 690,000.00 Ain ()tint Requested $ $ 929,773.00 $ S52, 057.00 City Council Allocation $ $ $ City Council Allocation $ 597, 756.00 PUBLIC HEARING NOTICE 2006-07 CONSOLIDATED PLAN FUNDING ALLOCATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS The City Council of the City of National City will conduct a PUBLIC HEARING on Tuesday, March 21, 2006 at 6:00 p.m. in the City Council Chambers, 1243 National City Boulevard, National City, California. The purpose of the public hearing is for the City Council to consider the funding for the Fiscal Year 2006-07 CDBG & HOME allocations. The public is invited to comment on the housing and community development needs of lower income households in National City. Approximately $1,700,000 is available this year from HUD for housing and community development projects. Further information on the above Consolidated Plan activities can be obtained at the City of National City, Community Services office, 140 E. 12th Street, Suite B, National City, CA 91950, or by contacting Leticia Quintero at (619) 336-4568 or via email lquintero@ci.national- city.ca.us Chris Zapata, City Manager Published on March loth and 17th, 2006 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2006 AGENDA ITEM NO. 19 ITEM TITLE Continued Public Hearing —A Conditional Use Permit for a Wireless Communications Facility on Sweetwater Union High School Property at 2900 Highland Avenue. (Applicant: Cingular Wireless) (Case File CUP- 2005-12) PREPARED BY DEPARTMENT Mary Jo Wilson Principal Planner (336-4319) EXPLANATION Planning The Planning Commission held public hearings on this item on October 17 and December 5, 2005. The City Council set the matter for hearing on January 17, 2006 asking that a representative from the Sweetwater Union High School District be present at the next meeting. The City Council continued this item from the February 21, 2006 meeting. The attached background report describes the proposal in detail. 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. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Carrillo, Pruitt, Alvarado, Baca, Flores, Martinelli, Reynolds Nays: Graham ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 38-2005 3. Location Map 4. Department Comments 5. Exempton Notice 6. Site Photographs Resolution No. 7. Project Application & Coverage Map 8. Proposed Approval Findings & Conditions of Approval 9. Applicant's Plans (Exhibit A, dated 11/9/05) 10. Letter from Sweetwater Union High School, dated Feb 16, 2006 A-200 (9/99) Background Report Site Characteristics: The overall school property is 28 acres in size within the Civic Institutional - Open Space Zone (IC - OS). There is no vegetation in the area with the exception of the football field to the east and the baseball fields to the north. Proposed Use: The proposed project is to construct a replacement 80-foot tall light standard with three panel antennas located at the south end of the bleachers adjacent to the football field in the southwest corner of the school property. The existing floodlights would be re -mounted. The applicant is also proposing to install an underground vault for the associated equipment to reduce the potential impact on school facilities. The proposal includes a 6-foot chain link fence around the area of the shelter's access hatch that matches the existing perimeter fence. Access to this area will be via a 3-foot wide gate in the campus perimeter fence. Analysis: This project is an example of a stealth facility (the antennas are flush to the light pole and the associated equipment is vaulted underground), consistent with City policy. The project also allows for future co -location of additional antennas at 65-feet and below on the same pole. The facility is proposed to increase wireless service to 24th Street between National City Boulevard and M Avenue (search ring). Based on the attached coverage map this is an area of limited or weak service. The facility will be unmanned and would require one to two trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. Planning Commission Review: The Planning Commission held two hearings on October 17 and December 5, 2005. The Commissioners continued the item from the October 17, 2005 meeting so that the applicant could review alternative locations for the facility so as to minimize potential impacts on school recreational space. The Commission also requested that a school representative be present at the next hearing to discuss the proposal. At the December 5, 2005 hearing, the applicant proposed to re -locate the facility from the lower ball field area to the southern side of the football field bleachers. Additionally, the applicant proposed to place the associated equipment in an underground vault instead of an above ground shelter. At the hearing, the Commission also heard testimony from the Sweetwater Union High School District Utilities Manager in support of the proposal. The Planning Commission voted to conditionally approve the Conditional Use Permit finding that the site is suitable for the proposed facility, that the facility would not have an adverse impact on adjacent or abutting properties, and that the facility would provide enhanced service which is a benefit to the community. RESOLUTION NO. 38-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE. PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON SWEETWATER UNION HIGH SCHOOL PROPERTY AT 2900 HIGHLAND AVENUE APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2005-12 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility on Sweetwater Union High School property at 2900 Highland Avenue at a duly advertised public hearing held on October 17, 2005 and continued to the meeting of December 5, 2005, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. CUP-2005-12 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearings 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 October 17 and December 5, 2005, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the small above ground area to be occupied by the facility (121 square feet) will have an insignificant effect on the use of the 28 acre school property, and will not affect existing uses and recreation 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 the unmanned wireless communications facility, requires only one to two visits each month for routine maintenance, which can easily be accommodated by the adjacent streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 80-foot replacement light standard will adequately disguise the three panel antennas, and since the equipment shelter will be vaulted below ground. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless wireless communications network, resulting in enhanced service for its customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility at Sweetwater Union High School. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. CUP-2005-12, dated 11/9/2005. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 3. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 4. All wiring and cables between the underground equipment shelter and antennas, and any associated communications or wiring junction boxes shall be placed within the underground equipment shelter. 5. 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. 6. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 7. Exterior walls of poles 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. 8. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 9. 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. 10. 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. 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 5:30 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 December 19, 2005, by the following vote: AYES: Carrillo, Pruitt, Alvarado, Baca, Flores, Martinelli, Reynolds NAYS: ABSENT: Graham ABSTAIN: ICJ -6-C4:10'cvs.1 CHAIRWOMAN CITY BOUNDARY Approximate location of proposed facility SWEEWATER UNION HIGH SCHOOL ZONE BOUNDARY AN LOCATION MAP Conditional Use Permit for a Wireless Communications Facility on Sweetwater Union High School Property at 2900 Highland Avenue CUP-2005-12 NATIONAL CITY PLANNING DRN. DATE: 10/4/05 INITIAL HEARING: 10/17/05 Cit National City v Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 June 15, 2005 ENGINEERING REQUIREMENTS FOR A WIRELESS COMMUNICATION FACILITY AT SWEETWATER HIGH SCHOOL To: Martin Reeder, Planning Department Via: Stephen M. Kirkpatrick, City Engineer From: Adam J. Landa, Assistant Civil Engineer 20 JUN 2005 FM 2:21 Subject: WIRELESS COMMUNICATIONS FACILITY AT SWEETWATER HIGH SCHOOL 1. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced (120' of sidewalk). 2. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. AL:jha2 Wireless ® Recycled Paper City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CUP-2005-12 Project Location: 2900 Highland Avenue Contact Person: Martin Reeder Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility on the campus of an existing Senior High School. The project will increase signal strength and service area for Cingular Wireless customers. Applicant: Cingular Wireless Shelly Kilbourn (agent) 6925 Lusk Blvd. San Diego, CA 92121 Telephone Number: (619) 223-1357 Exempt Status: n Statutory Exemption. ® Categorical Exemption. Class 3 Section 15303 (New Construction or conversion of small structures) ❑ Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the 336 square foot lease area will occupy only a small portion of the 28 acre school property, be effectively screened, and will not affect use of the school or property. Date: MARTIN REEDER Planning Technician Recycled Paper 017-01 weetwater High School 2900 Highland Ave. National City, CA 91950 Proposed antennas and covered TMA units mounted to replacement light standard with relocated light fixture u a on p . po e. a ecommun c:" "bns's WWI 017-01 weetwater High School 2900 Highland Ave. National City, CA 91950 cingular WIRELESS ` p\�\\NPmm'nm''01,;/j„ NATIONAL CITY, CALIFORNIA APPLICATION for Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, Califomia 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number ' 913115- 12' Filing Fee $ 1 ° Receipt No. I C. 3 �t Date Received C 1Z11`` (n By 1\1 1-1/� E.A.F. Required N 1 fr Fee $ ` v A -- Related Cases LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) Lots 11 and 12 in quarter section 152 of Rancho de Ia Nacion according to Map 166. Except the east 40 feet and the west 40 feet thereof. Except the portion conveyed to the City of National City by deed recon July 3, 1929 in Book 1606, Page 63 of deeds. Portions of Lots 11, 12, 13, and 14 of Rancho de Ia Nacio according to Map 166. PROPERTY LOCATION 2900 Highland Avenue No. Street between E. 30th Street and 32nd Street COMBINED GENERAL PLAN/ZONING DESIGNATION IC/OS Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 (1 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: The project proposes to install 12 antennas on an 80 foot replacement light standard. The replacement light standard will match the height and design of the existing light standards on the Sweetwater High School playing field. The associated equipment will be located inside a new shelter at the south end of the bleachers. PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Sweetwater High School Name: Name: Signature See Attached Letter of Authorizatio Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 2900 Highland Avenue Address: National City CA 91950 Attn: Jim Clark Phone No. 619-585-4440 Phone No. Fax No, 619-407-4979 Fax No. Date: 5/24/05 Date: 5/24/05 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: Cingular Wireless (Please type orprint) Signature. _ the information submitted with this application isstrue and accurate to the best of the applicant's knowledge). 6925 Lusk Blvd., San Diego, CA 92121 Address: Contact: Shelly Kilbourn, PlanCom, Inc. 302 State Place, Escondido, CA 92029 Phone No. Fax No. Date: 619-223-1357 760-735-4913 5/24/05 C:onditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 4 of 4 f 3 FROM': Jul 24 2000 8:19RM $*p 22 06 .03 PHONE NO. : 619 2222160 LASERJET FAX Sep. 30 2205 04:09PM P2 P.l SWLETWATER UNION HIGH SCHOOL DISTRICT F +l[Tti>il N Deparamaat 1170710hAW,ft ChulaMop Caffem 91911 T$(619)3$-4440. P (610)4014979 Tot Jody>!ltnerth Pkomm Mar /to Clot InotoyAltilitido Idosumpr Slbjaet: Affeediditioi to Proeted so Pans* Laudon 9woeb*a o r lilGi<1 School 116lsto au bona you anti Aeneas, as ropes eatatives ofNsw angular Wir*lop, to ',goosed with the. pwagkiriforthe catenation ofedlolar ost0iaass aka attks *bore rePbnticed school- sites. Should you have/ay goeaAons, Peen ooaoaot sus at 6101515.44441. RECOMMENDED FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the small above ground area to be occupied by the facility (121 square feet) will have an insignificant effect on the use of the 28 acre school property, and will not affect existing uses and recreation 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 the unmanned wireless communications facility, requires only one to two visits each month for routine maintenance, which can easily be accommodated by the adjacent streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 80-foot replacement light standard will adequately disguise the three panel antennas, and since the equipment shelter will be vaulted below ground. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless wireless communications network, resulting in enhanced service for its customers. RECOMMENDED CONDITIONS OF APPROVAL 1. This Conditional Use Permit authorizes a wireless communications facility at Sweetwater Union High School. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. CUP-2005-12, dated 11/9/2005. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 3. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 4. All wiring and cables between the underground equipment shelter and antennas, and any associated communications or wiring junction boxes shall be placed within the underground. equipment shelter. 5. 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. 6. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 7. Exterior walls of poles 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. 8. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 9. 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. 10. 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. NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO: CUP-2005-12 DATE: I ll9/2005 SPECIAL INSPECTIONS 1 ECUS w FIIYAEIE O COMMIE ss SE11w m.c E { A 4 STEM 1O NQSIMSC STEEL Sl MLSTMICNOB. XEwIM WORE 1n1E1-m51m m.c 5] NERO111 STEEL M.OW ▪ 91bFIW1 W e AN 8QVCM0O E MOCK", SAQE RILL R0 MEPFMRm MAW II . 0C ® RgeM(%x ip3 0. OIiIEO ! 41530.6) 1$ 991CR1C III 000f Al COMMONS APESY651NIIWLTN IRS MIERGOOSENMM SOL MEMO. REPORT MiIX DTd MO SMSC SINS n,[ MOODS SOL OR..090 SE91i5I1S. DIMON WOE ROM9M @90R FOR EUN NICNG S COON ITE SPECI CMRNE MN 16 SPECIAL CC4S IffSGSj T15f4RF1Mcf S•611 140 E6LL P3rtC(p6 K RGA➢ 81 O26FR BESORDO01 If 000 OE NSRECTY6 R .°. °CALM. MAWS cingular WIRELESS SWEETWATER HIGH SCHOOL 2900 HIGHLAND AVENUE NATIONAL CITY, CALIFORNIA 91950 SS-017-01 CONSULTANT TEAM CLIENTS REPRESENTATIVE. 91E1LY KIIBOURN PSU INC. MD STATE P'J.CE °CCHEM, CA 910. FIR: °SO T35-1913 ARCHITECT: MCI S SW JMM1M PLAZA SORE: IDS MOM, (548 CALMS., 2660 919( sso-ssss FAD (9A9) ]6]9]CONTACT,, 1EFF ROMECONTACT, LANE SURVEYOR: PENT WS k A950CNDES FIRSORMICIR 2x'JE COSTA NEST CA 93816 ARNE JIA-557-156Z 4D5n-1560 { 1 ;°", Y'-. KO:f REM' '.. PROJECT SUMMARY iPPIICAIII: 5NOUWi WIRELESS sLUSK ARO ui5DIEGO,, cw0a0N[ 9E121 GWNER: SAEEMATER COIA4 JIM CLAM U6IPICT CRU5IA 41,01 Nu 01911 PRONE: 69-595-yw0 Pno2ECT CES_RPIIOx/SLOPE o M „VR MNR19S PROPOSES TO C0S010IAC OPEx3T* .vW 21/431.11 RfSi IUIT. I vP' wiu coxsls�� ixE fCHL01Nxc: •(51 AmANAAS u0uxlm (x) 6]'-0' WM 51IMWSo FL REPVLC (E) • NMT m18xs]FOR l01FPNOx 1-2. CUSTOM BVANO SELECTED ELOLIPMENT ECTED., OMIT. SEANCE. •NEO'J190.o PIPNTS/MPRWALS ADE MANNINO ADD 0Ul010C. OINO O-SIE TRICOM FA2IE3[5: NONE %IOJECI MORESS: NICHVxU AKNIE xnnOxµ [11".w 91950 ASSESSORS PARCH NUMBER. EXISTING ZOMVG'. IC/SS INSIN1O..:A1 OPEN SPACE PROPOSE° PROJECT AREA PROPOSED 1`PE 6 CONSTRUCTION. A N PRCPOSEO OCCUPANCr'. EXISTING TM OF CONSRLCTION: Ex53w0 OCCUPANCY EWE 1 JYRIIDFNO. E 1 :ITV DE NAn°N.E 511Y LECX I>ESM4IM: µ OIS 11 MO 12. N CVMIEN SECTOR SS 0, RA0C*.0 OE IA NA°. TIE CFY OF NANl14 OLILY, com5 6orA.E. MECO STATE or CWECRNN AC0CPOx9 TO WP N0- 1 E :[0 N TM OFFICE O COD. RECORINA 00 SRO COUNTY. EXCEPT IRE EMI AC FEET MO 'NE NESC CIO 44. LNEREOF. ALSO MEP' TFAT PORTION cove. TO ME .119 k OF W.nONN ETCm DEED R CORDED wOJ1.11" 2 1929 N BOOR 1606, E 55 Of DEEDS. RE. UNIT Y10 APPPRILFNWu10E0. 3 0IE 00,ELOGi[9 ON MD LAIC ROUSING Poan0NS O.013 11 u. I] E Or . u OE x.0ox. IN In, REEOPOF➢ AS SNPrni661 N ME Or,.. 00 LNCOVMY PFCLRO01 OF SAO COUNT, SHEET INDEX SITE PWI �- E A9G PI .u..wlExrvr, urwT e u+IFn xn uDJxr.x1 cftu. -i oExnoxs A- [TUGS VIV4-FOR REEERWECE on, OPERATING FREQUENCY 31411,1, AxrOot, 1.2612. BEINE. e11-a, uxe. aRCVIM Axfcux CIE KISSED 06S-19110 14. OK41M ANTENNAS POWER IEYLL 100 WS115 ER, APPLICABLE CODES 41 HORN SIMI. COMPLY 14I114 TUE FOLLOWIxc AOPLIInAE [OJES. UN▪ IFORM PW N'ANNE DOE,CODIS° EDITIONM UNIFORM MECHANIC, COO, 1.7 EDITION W.11Dxu. ELECTRICAL 1995 E.!. 6W22 ▪ NE ChVMLOF CONFLICT. ME NO. 1.519.ME COCE ACCESSIBILITY DISCLAIMER WES P OJECI 6 Ax 291000U NTl¢L0S PCS TEJE3012Un'1.320M PACWM1 O' IKE STA4 11341rtE, A O MITTEN F%wPT FROM WYBIEOOM IIE CESS FE0.1104R:MENf SCALE MENMESE DRAWINGS PO S ARE PRwT'n EAX]fi FORMS IF THIS OUTING SET 6 TX36: THE 4, IS NOT TO SCwtE. J RA Jeffrey Rome 4 Aseocluf41. IO nMDID 6 1d.cmm5uu.4.01 ' ,ae tar 70-3931 R.1) PROPRIETARY INFORMATION SEwI.RMATM,xnEDN CN 416 ET OF CONSTRUCT. DDuN 13 P0. PRIELPT BT NATURE MY VSE Of ]ISIDSURE OTHER TNUV THAT MRCP 4W1E5 TO CIRCULAR P61ELE53 IS AN:TLT P0.4141EP. PREPARED FOR X cingular WIRELESS APPROVALS ACOUISTON OWNER MPROIAL PROJECT DMAS SWEETWATER HIGH SCHOOL PwaiEfl N SS-017 O9 -PB SAN DEGO COON, 05m/.3 /11/0S 06/05/4 05/16/31 07/11/01 0O/C/O5 oyonEos /mpc OATES PRELIMGICS REVIEW (P2D.5 REVIEW '.1 'S 3VIEW (PM ZD R.I.SO'S (P.) N15 ,3) ANTENNA �� ,P61 PIT REVISED Zo 5 (Pe) TITLE SHEET T-1 l \ (97 (E) 1NLR R Pam. 0.ElLHERS. 03203 VNR FENCE. M5121BML C0F15. (9 OECTPoCV. E1cl0NRE. a fl 103. ill 5 A 15TN" Itt-st x as -a' RgNp NAT, EN.COSE➢ Km SEE MEET A-1. wRB, ttncra OF LE. EASEMENT: SEE SLIEST CHI_ SETWG S'. NOTES 11. YIE CtlTIACTOR 10 CALL PC ALERT L1-BO0 31]y603) 00 TCAIE AM M1] KL UIOEROMIIM0 or.. PMgi TO 2.22 IGVAMV, 0. NO LET 2. ALL PMMNC`1CS WILL NE imp,. BYTNE ro SE ARE nNEE 050 �rt AMEN, COdut CABLE SCE.. SEL1aP A314VM CCAC CAE0E LLECIx CO. SUE I O. C.. . NO 50 GENERAL SPECIFICATIONS 1. THE WEST CONON OF ME MERE. MSMF OF ARCHITECTS DOCUMENT At01 tENERII COMGMI6 CF ME COMPACT iCR COS1801110" IRE 111awFn m TESF SPEnFIWIOS As IE cOUNFELv REmnWCEO HERON. Y. .15 FACILITY EXEMPT LK.I5 ND gyB. K`CESS REWIRES... L1E NM R NSD ME PRIOR TO THE 3 SUBS.. 5Rw5,lME YAQEONIWCT. PANTICE.NC CONOmM15 ...IS RE PROPOSE➢ PP ELECTRICAL MECHAMIGL AND STRJCIMN INSFNU0BN15,0 WELL WITH IRE EOVSIRVCTIOV Na COMP/R POOL.. ASO SKILL CONE. THAT THE PROJECT CIP DE ACCOMPLISH.. S. omission.. DISO.PAPOOR TO P ROCEEDNCEM SECO16'IR. ME EBS. CMT,C SNOWS SHALL 11,11.1.1, trona 1Ie1.1. ...ESE cowman. moon. NU TIE ARCHITECT IN NW M EV.T OF OISCREOMMES ME COMO. P ,ALL INCLUDE WIRE COS. OR ISTRISM WORK IN TIE ea UNLESS S PEC... DRECT. BMWHSE. 1F A OISCRERAN, EOM Na RE PR.. NANA. w0 NRCRIDECT ARE 19t ran IO"E4i ¢TS0AL INCURRED TO REP. • OR CORRECT EL .0./5 Tul RES. NOT ec SCALED TN. ON.vnNCS NiE TNT.. TO P_ P.R., ONEx .5 NAVE PRECIDERCE OVER NW LEI.0 MM.. ME oneartACE OYER 5,1 SCALE• R a1,6111 S LCONTR.. SP LL CS. ACCJPAC OF N1 w'c` Of CENR i ciMENSIONS HAASS BESSVFW [o wUNST ACTIN. FARRE A1Eio 014ENS.S.. ME wOxMaTm svE w¢ADE m s OR HER eD IN. G1EaWs, K A�mFSwYSp NIB IA9X1 xE355M ra CnIrtEIE TI[ vmRN v 'JEO R d[SF OGwxGS. R. CONTRACTOR ALL XO oµLOUV MIBEIESS CONSTRUCTIONuuIOMNERA.L. ARblro B wT flu u A4e 1MPR.RRUE J6,11T.¢ ATE,RaOE P T Mf10X mom.. TRAR ICE If1 UM.. IS PEAFPfl4E0 LL fiE /m.o.° 1Hu lyE E ;potta~ A,yyN_ D T AR u p,aEB To x THE RecuIREI 1p 5tH C G . WIC SEAT FE P.M.. aHSP.7 OF ME WORK. 1. ecsnN0 EIMATIONS LOCA.. TO % MINED 51N1 OE VEERED Oy ▪ CONTILLCTOR SNOT. OTT ME PVM.NISEECCONTRACrn a MKT NOTY THE CIPM. mpo.s1mpOCLipuS L. RE 4NE REIMC PROC.,.n`M TEFHAT MMK. B. .m1C5i¢0coo.,£01EIFGRovsvrn05A0S0500 onu G, VOR.55 ' NSTR.TON ww.E TO OW... WORK ME CONTRACTOR s `NSELE FOR UM C OARNG NIS WORN M. ERCaSO MIO MTE05, KX� Tp5 A,m m ME O XNOENE0 CAN E UCTM�' SMELL.. X ME w cL.wn Ep+E`E HMO. FOR :P<=TNE 0MwG1GR PROEEE�[:1M _ WRRN. mEFEmxlNic SARY %RXSE FRFP OCRNNw[E' EE WO, uo CUME 0 NOSE a THE COST OF ME POW I5 i 1 aK CONT.. SHL PRONDE CONTOMxs ....ION WHILE NN SUBWx100 030.S OR M0000X ARE IN ME SITE M'O 1000 SUREMS MO OPE. WORK. OAIE HIS PEST SKcoNSTPML Avtl KIExpOM. NE ▪ F5. PROM.. xgN.40LEx0ES MD FOON R CSWROMARM Al. iORO0N5 R ME MORN NOER ME CONIW, 12 I=ET MRWCHOIIT ZET- RE OF M[ REP OUYIry M M[ NCEEAN WB SFOR NEE. OR ER[TwO IxE Fgycota ulawu srwou+Os FOR R:wm AxC FcsaNK m15Mucnox NRCA SCALE' SITE PLAN 1 Num Wiwimaw`E CENTER essooRnax C55 W. ISCCENS pow, SINE 6w ROSE.. IL 6.18 SMACHA NYNAT K PHD AAR OOMATwl1v' CcnNIP.CIPs 04 OI LEA.. COTTER ORVE IRE S MIERUMN4IN.MEFOR IAm ANC PL.. TRANSFER n SE P55114-1. TO. MST. ALL wrouEHF MID WITS. PERT LA1.1 EOmM OF OMERMSE INDG.. OP MERE TION LOOCALL CC005FICATIONS JIPESREcuA`nors SPECIFICALLY PRECEWICE. ME CO:IN.TOR lvc, RAG IHG FRNnwi x W ARZ O 6, SuwORR fOR All nE45 PE0.xWW ME SwE ARc ETO. WAIL CM 5. 5 =anyES IK wELLARI.SN�ICRLocw. MEH'SOf N i0x5C LAws REM... MO DIVISION0= Pu15Mw SMELL (O51u)OSTROL REOOP.ENENIS, 0TALE cOxRKTCN SRAT PRORtt ME PP 1Y OnvIEPi. ANC ON6Oux WIRELESS PROPERTY FxOu OwACE Imice an _ CONSTEICOOK. MAY OWACE TO NEW MC LOSPNLNnc MSxJ WCNFE u TEES. STNPS. OR EOUMUExI, OsRE WIREOOITY ISPNRIO OR REPLACED I;I nE LnS'KIIM PERESFNILpK.pAT ME EXPENSE OP THE CMIRKIOR L efPESPOx3RT FOP, AK SPML REPLACE CR 0 oR IMEEOR wFRALS CR OPE YEAR WIER ME M.o.. ANO KME CEPIPOF OF WOR,n PCxcwR 114i3SE55 UNDER THIS COMPACT. 10. R SHML�E ETop "IISIOIY a CF lx[ AR ONSIOEImm,LOCATE IO 5nOver REON OR NOT IS PROTECT THEM FRC OLLIALLOCATE ALL ELLS.., E. Ma COv xAc1ORRSHALL P OF LLITTLIES a ALO MCR PRO..O..0 xBPCONENCTION MTHP IRE EKE., Or WORK. 3 SYR ¢O CTO4P�iE0 w0 AccEP 5E0SBVStlncuM GWR¢ESS. Ail. M[ .J FZA Jeffrey Rome & Associates. Inc ATEM1.1.. Y inNoommu.1.11am 3 Eon loos. Pbia, 5. 155 N.part :Afore, 93E60 FPW(9.91 )60-3911 PROPRIETARY 1NEORMA1/01..1 15C OFOCONSTRUCT. DOC... IS PROPRIEARY BY NATURE. Al, USE OR OISCLOSBBE OTHER TWI THAT MI. RE41E5 TO [NOM.. MR.. IS 51.11. PP0V191.0. :REWIRED FOP X cingular WIRELESS Son ECT, CNNcmm 92131 CONSTRUCTION 511E .VNJISINO.v OWNER APPROVAL PRO,f[r NAME SWEETWATER HIGH SCHOOL SSPIERFC,. MM. [" 017-01-P8 ww 88188 8VE84f NA.vWK n+. E8R,NM s19so YN pECiJ CCunn CREW. OAT. C0/00/05 PRELIM ZOS EN (PI) RF3 05/OS000 S RENEW (P3) OS/15/05 10's REVIEW (P ) 0S/I6/05 TLOS ar COMM (MS) 0,11/05 P 00/05/05 AMEN, CHANCE (PO 06/09/05 ANTENNA CHANGE IP1) 11/C1/05 REl05E0 ZDS (PB) SHEET 11 SITE PLAN A-0 s-'-LEASE .AREA PLAN KEYNOTES IEl YF/CNfR3: SMM oOREo AS AIMS LdKMF2 Plf. 31.14 ENCREIOE. (E) c nN1 Ce UxSfft4Raro POWER Y4 E2c0 RUNS. EEC. TO K CEIFAUIKO. UMiY'tu,iNO 00.304 1 WILT MIN )000CR000 ENICN. lM Cc 6kn SLYLY r E,41O.V0 IO PO4E (E} RROGiE (EJ Up,iS OH TO (H) CN AVIENILIS (I RA 4CECR. J SECTORS. (31 INIEMMS xrtll. OM�OOM qj LW 6T-OM tvM N2214 ICMS CNO NS1010 EMMACCESS 3/SM. PROP.. NM. m PE 0E10RO. RBUIIBN LExTER. E�e6E781.3.. 0_S ,. SpE .M0.ixPRGR ... »oiE= 119 µ CIO 1 SO CMl OC MEAT (-e00 E27-E0E01 EP LOCATE o uL UIC€ UMERC.RNyR q)10 ES PRIC K SO uN EMGVAICN. E4L CKRrtIES TO BE NSTILLEO.Wf UMMINEO. N0 (E) PMRWG PM,. eYL RE NPICIEO BT ME WSW uSE. 411004 cO.VPL GBLE SCNE➢LIS mx j KM sccUM CCM CME LENcm COM EE E/B- B PE COM fi 120 c 1 240' 7/0 7,8 \\ za \ v \ v— \ \ ` s \ \ \ \\\ \, \ \ \ \ \\ LEASE AREA PLAN SCALE' 0®' 1 J R..eN. JeDrey Ewe k Ass000103, Inc pee e r.ryln PIare, Su. SS ompeel fsi;',€o PROPRIETARY INFORMATION M; HEORWSIIx WNENNEO ,N THIS PET h- CONsreuCTION OOCiM NTTS' R P00911001.PBT NAWIRE LSE `MEP. MAP P0010/7. iUFE.6 6 SIWC wRT ? ROOF'S. PR„.. „R cingular MPEOMIS 2061 PROJECT NwE SWEETWATER HIGH SCHOOL SS-017-01—P8 PAN PESO CCuPIT 0,7,03 Oi/2E/05 00/03 /BE 0G 00/0„03 fa;BB;03 0/0,C5 9-EE, ESSE LEASE AREA PLAN, ANTENNA LAYOUT k ANTENNA MOUNTING DETAIL A-1 .1 FAST ELEVATION KEYNOTES NORTH FI FVATI(NJ KFYNOTFS O 40 ME KNEu. © (N) 6] -0' WOK STMOARO TO REPLACE (E1. O 1 IM S µ�DES RPEUOLxFD lD (N) O IUXLI EM MPPO.m WARM. BEACaT \,E 4 10 %€ EAs. © M) 61'-D' UGXI SUSWO TO REAI[C (E). O (f] T Manta, XTU IEKYXIEO TO (NI O1(NG)TFM N'PROVEO WNWMG BM.. 4 1(N�Tw's uowTED T�MMPWF ma. SR EEi A-S O O CW MONOPOLE IWNi STANDARD '� ©�xiuAs upuxim TO uOMPOLE SiAv0AP0; EC SIEEi A-]. CNI PA4DW0 !0. C. CM uOrvEPoIE U I PA�sERDD cx + xs'-x' WTM IB GYECROUNOPBATCn vAULi W O. (xl [w P.wF1 AXiGX6 \11 OiO.rN) mOPtsEO cW '-E' x xs-x' O Q O.OyO� +MEERFApNM EOWYFNT `/ulLi O�'"V'O MM IaTEGOLM Nt1M. O O. Or) LW PA.. IMOIKKS (0 1w1n sTiwuwD O SECTOR "A" C' � � (ERO?L , am •x . o PEA RT . Eon (N) urxr rraNDARD SECTOR "B"' (120') cWSPwvEL M'T:nH1S. (I PEP -A STnxL.Np '993 S Ry 6 TA O4N IMl fFHZ X1M 1' 4 /C�55 GALE Tp alwTpLr1D EIXCSt TGX. "A" :III O R) GN611 UIU( PFNCE. i��{ SECTOR (O') (SX') YL lW PENEL A(IIIWA, S KB NDARD EcioXj. NaxrtD w MI : m STANDARD 4 SECTOR "B"12C') (1 L RI PAXEL HWS, II PE EEE(OR). NOJNIED (W (H) Lq+T STANDARD n nMW SECTOR).x'L `E9 ON (x) UP+I /\ In MO mmm (0 DcxT SrA4DARD m TOREwGUxC BDT I EAST ELEVATION SCA. 3 NORTH ELEVATION SCALE: 1 irk ® O 8' 16' i"1'0' ,7=1. t/16"=r'-0" WEST Fl FVATION KFTNOTFS SOUTH ELFVA'ION KFYNOTFS O (E1 ELEACxEPS. 4 (IX�1) x]'-0' LiCM STANDARD TOR[PLAC (E)- O WMNSCAvngoRES """"T.IB (x) O (nl iu APPONVED W. WI. B[A=ON. © /� ( 1 \�///� ` I SECTOR "C" (,240') O(0 PIEXH[A5, Or 6]'-0' IIOXr STA...TO REPJOE (E)- OIC 1121T nagrES MNWMao r0 (x) 4 (x) Fu uPRDUEa wanrn+c [NACOx (b ras UNIDO TS wAng.P T. n.xBO: SEE zwcr A-]. o. M) CIA uprvoPo¢ LAX! srw4pwD iX xi nwN vo:I s¢ zxii n�-iE O VN NO '- ' x5'-x' •n o. M xwonaf a srwnw i3O. (x) d e....' ulRxui D l a cw P.M wrrtxres. ;I PER SECTOxI. uWrva., 0...... arm... " OMVERIR CN aa: S ]5-x' EWIRMENT - YG6441.: O. (rM Cw Pn:C- AxIExN/5 1 ARO ECR iND .1:T vw[- W+ KBROUrvD N.rCM SECTOR ._ (1 rS ) ER Lwou2muxp vwLl WNN ABDhGWVEI uAIGN. �y� O (0 C 4F_�TO'pSU MD AS[OESS XATO+. OSERpij, (q cxsl uxX mr.E. . „2, OW. "ra (0') (x) ++]l, OU PADEt Ax0Ew00 I+PER I_ WUnI[D ON (x) UEni SfuAM.O. .���' ' SECTOR NEL (240') MHO ). 0x PANEL ANTENNAS. I+PER Ox), uWxRp Ox Ixl UEnT STM'O WD NI1 INNI ly 6', 4x Cr..�xVG2x*-ifWxCDE w,icn ("K' n.E] x� n`+iw'T°IP / STANDARD AccesSs g(EILNNT TA�o © 4 4 �J we 4 1 1 1 I WEST ELEVATION SCALE: o�.: s 4 SOUTH ELEVATION SCALE: o®, 2 1/16-_, -0. 6-_, _ . J RA Jellrey Fools At Assnnlnles, Inc. _ San hnDJn Mara, S.. 155 Neap, Bxae, CralaT1u OS660 P^PP rac ' ops1 760 )951 PROPRIETARY INFORMATION THE INEORMATION CWImXN]o0 mIN sCTPFOPPIETARr BY aTUUGC'N Nlv IDSE OR OSf10.A'W_ ER TNUI RRTES TO Oox+ELESS IS TECPYOPOMPITE EONTE0 FOP cingular WIRELESS .roR:wus CONSTRUCTION PROJECT Rau, SWEETWATER HIGH SCHOOL SS-017-01-P8 NATIONALoPErn. ....ow , 3i950 YN U4GO CODMT 0]/00/05 PRELu+GT S P(P2' (PI) G]/xLGS IDS RENEW IPx: 04/05/05 20's RENEW (]) 05/16,5 Mr. Z. S (E 1 01/++/05 CRY COMM., (Ps) 00/05/05 ANTENNA 20255E IPfi) 08,09 /05 exTGrvA 2NNEE IP]) ENEEI Pl1E ELEVATIONS A-2 sites {IR0o)— f0[f010 Sfl0L 1E SEM 21033 RD TO 22332200 ANTENNA MOUNT 7 TMA DETAIL 4 TMA DETAIL 3 NOT USED 8 TMA DETAIL 5 NOT USED 9 ANTENNA MOUNT 6 TMA MOUNT 1 J F Jeffrey Rome & Associates, Inc. Iss e.am, callc`ia.rlo"szes0 . 031is2-3922 o—sss, PROPRIEiART INFORNAEION HE MPoRWi;ON CCNCMMED IN MIS CDT OR CVNSROCPON a0C'EMENIS PROPPETARD NON.. ANY ODD OA DISCLOSURE CFI. THAN MREJSS, if ER PRD32011 P. cingular WIRELESS COPROWLS Os COSSIDUMDZI SWEETWATER HIGH SCHOOL PROJECT — SS01701--P8 ZSED cnrc0c,33D 3,302e Su. 0EGO COUNTY OFEW,C 01,3 03/27/C5 DED, ZE•S'S PR;M (P;1 IIm /C5 's 5 DEO, IP}) G5/arts erP5) Ds/1e/Cs N.E. z0') 0P31 02/11/CS COT COSOCENTS {P51 05/as/Ls wt.. (Ps{ Ce/09/LS VIRNt'n 0 5(P (PEI Rz waro zD s (Pei S3ECT DETAILS A-3 \ FIND MU MOW IM ena rt 00 00 WS sR STLP \ N PACK. OF MR B61 ooPou UP UP, M ENE XTP004. 4o SEVER CUM W T \ 91X SCFFA 1.10E OF OIMN 411! 000E per 111UIOX 115.1 Rx0 Fs 5110R0 SURF. bo Cd.]3a PAO Wl BECK SOX Lllm Roa WLLL ASPHALT.CPETE O11J11 WC rota WZ R COMME —Q— TI 10. OF NM fE CLUMP. • EA.1BILL 1P 851 POE .6 FOURS MENWEXI 00Mrt LT FPMG WE MI FELL WIT fNE XttN.Wt fW flECTFc IONNOLE 1W M]E —O— NOS, PON FESCE 100 YM To 10P M ORM MR DOM 2 POR. LOT 14 /dam\ POR. LOT 13 A.P.N. 562-142-15 COORDINATES: IMI = o0) .2' N LOOMS 11TORILIRNO Re ®O 011013.111100 WMmama, 11•1 N C/A 1f ONIN6 ONWIlf Itt 10®M MO 011®1SWIMS MR ROE 1010110111110. AREA: SOY IOC RR OW TOO CORR M61011 GATE OF SURVEY: IYMML31. SRO DETAIL POR. LOT 12 BENCH MARK: OLtt WM01 MN RN O' WOfWM <MOOX SAW 00101 111111 RR AS MOM OIM UOM4 are is IMME OMOONE 1.P. 0EAO AS rV Na Nall. ONO. F� 1 EASEMENT NOTES: IS/..NO MOM maw ME M alt INIMA MAR MIL MAW a Z01 MilMOOL 6NWN 1 MI RRISLOOE O0R A OMOM A M001 OF Me MEW OR MOMS NE OM MORO OMAR1t t0 N WOK MO. 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WUN ST E ME TB, WHICH RELATES TO C ESTRIC TLY TTPN pBiRO. p[�,�g}}R�FPpM/M#10 PO �ip� E1l38'M ' NN LAND SJRVEVNC & MAPPWC Pam.PEN roP. cingular E ; oNT.S,PEE �PPP1 DIRIFROTUS GANG COBSTRECTION MOB ER APPRO.:5 PROTSCF NAVE SWEETWATER HIGH SCHOOL SS F 01 7-01 OMARE EATS /41/vs 0LYl4R I0P 15/wE TILT NE ix /i+/55 05PXxa ER s e[i IRT[ TOPOGRAPHIC SURVEY FIELD 5.4,55 C-1 J -J RA Jeffrey Rome k ELsulales, kc. roe Or C44E • BO. (AG. r—lOP OF POLE • Bo )aa 1 OP OF TOP ARN • BS (A.G L.) TOP or roe utMTP 9, iA O.Li OPCFEOUOW 4AGNi - JB ((tit?.GJ rt )6 001M A OT CAAE = AR (A G.EA o a«I WESTERLY ELEVATION LEGEND ON BBILO. 6K BA. if TOP OF NRB DTP SW OW BId(OF VIP. EDITSC BORON FH UIIIIIYPIXA_ SCO SEWER 4FµOUT LL EH ME 0000 00 00550 NAXHrC FS A. SURFACE BO f ,4Hi pqi i[NCf f5 EW1011E0 SURFACE �O ptiF PVI EBY EIFCIfiC BOA ® Bf0'll 'x.1LL AC ED. Or CWCREIE _ µOn NW. TFACE TOT ICA FVIALL EIE — o TYIBB EMOEWILL CEx1ERllnE BB BASKET,. 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Na or va.Ros NCR eau .re en SxEEI IaLE TOPOGRAPHIC SURVEY R.o MOBT C-2 5 17-01 ater High School 00 Highland Ave. NationalCity, CA 91950 Coverage Levels: Excellent Good/Variable ■ Poor ■ No Coverage SWEETWATER UNION HIGH SCHOOL DISTRICT Pearl Quinones Member, Board of Trustees February 16, 2006 Mr. Michael Dalla City Clerk CITY OF NATIONALCITY 1243 National City Boulevard National City, CA 91950 Dear Mr. Dalla: Office of the Board of Trustees • 1130 Fifth Avenue • Chula Vista, California 91911-2896 (619) 585-4405 • FAX (619) 407-4980. Attached is the letter requesting my attendance at the aforementioned hearing on a conditional use permit for a wireless communication facility to be located on Sweetwater District property at 2900 Highland Avenue in National City. This correspondence is to inform you that I will not be able to attend. For the record, as a Sweetwater Board Member, I voted against this conditional permit to be located at this site. Since your council minutes delineate strong opposition to this permit, and since I was the only Sweetwater Board Member invited to your hearing despite my opposition to this permit, I would strongly recommend that you extend this invitation to a Sweetwater Board Member that voted for this permit in spite of the city's expressed opposition. In addition, it is not my desire to be chastised by your council for political purposes so that one of your council members can better highlight his ill-conceived run for higher elected office in our beleaguered city. Sinc Pearl Quinones Member, Board of Trustees c: Mayorinzunza City Council Members 01/29/2006 10:09 5194280578 WILLOW ELEMETARY SOH PAGE 01/01 • City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 (619) 336-4226 February 13, 2006 Board Member Pearl Quinones 3009 E 6th Street National City, CA 91950 Dear Board Member Quinones, On. February 21, 2006, City Council will hold a Public Hearing to consider the following item: A Conditional Use Permit for a wireless communications facility on Sweetwater Urjidn High School property at 2900 Highland Avenue. (Applicant: Cingutar Wireless) The City Council has, once again, directed me to personally extend an invitation to you to attend the hearing on Tuesday, February 21st at 6:00 p.m., in the Council Chamber: Michael R. Della, CMC City Clerk File No. 103-7-2 ® Recycled Paper 7:00 p.m. REGULAR MEETING SWEETWATER UNION HIGH SCHOOL DISTRICT BOARD OF TRUSTEES ADOPTED MINUTES November 21, 2005 Hoard: Jim Cartmill •Jaime Mercado •Pearl Quinones •Arlie N. Ricasa R. Interim Superintendent: Bruce Husson •Student Board Representative: FedericoGreg d'OleireaUdoval quillas Order of Business 1. OPENING PROCEDURES A. Call to Order President Cartmill called the meeting to order at 6:02 p.m. B. Roll Call Board members present were Jaime Mercado, Pearl Quinones, Arlie N. Ricasa and Greg R. Sandoval. Also present were Bruce Husson, interim superintendent. C. Closed Session Jose Alcarez, Flora Garcia, and Alejandro Tapia addressed the issue on a district personnel matter. Moved by Ricasa, seconded by Mercado, to amend closed session to include Conference with Legal Counsel - Anticipated Litigation - Subdivision (c) of Government Code Section 54956.9 President Cartmill adjourned the public meeting at 6:11 p.m. to convene closed session to discuss the following closed session items as posted on the meeting notice for this meeting: 1. STUDENT EXPULSIONS/SUSPENDED EXPULSIONS/REINSTATEMENTS - Education Code Section 48916-48918 (students identified by ID number) 2. PUBLIC EMPLOYEE EVALUATION/APPOINTMENT/TRANSFER - Government Code Section 54957 3. PUBLIC EMMPLOYEE DISCIPLINE/DISMISSAL/RELEASE/RECLASSIFICATION/ REASSIGNMENT/TRANSFER - Government Code Section 54957 4. CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6 5. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION - Subdivision (c) of Government Code Section 54956.9 President Cartmill called the closed session meeting to order at 6:15 p.m. ITEM #H-21 IS THE Axs•om m WITH CINGULAR WIRELESS . WE HAVE A'ITA CHED ONLY THAT ITEM. Board Adopted Minutes November 21, 2005 Page 11 (Planning and Facilities cont.) (H-21 Approve agreements with Cingular Wireless for cellular sites at Castle Park, Chula Vista and Sweetwater High Schools. Yessina Jurardo, Michelle Reynoso, and Rita Heuss spoke in opposition of this item. Moved by Sandoval, seconded by Cartmi'_l, with a vote of three yes, two no (Mercado, Quinones). 6-I. PURCHASING DISCUSSION ITEMS I-01. Ratify purchase orders issued for the period of October 1, 2005, through October 31, 2005. Consent. I-02. Accept bids and award contract #56-2033-GP to re -roof Building 200 and Building 300 North and South at National City Middle School and withdraw the IA Building requirement. Consent. I-03. Approve the purchase of roofing materials for the re -roofing of Building 200 and Building 300 North and South at National City Middle School. Consent. I-04. Ratify contract #56-2032-GP with Frank and Son Paving, Inc., for asphaltic paving and concrete work as needed throughout the district for the period of October 25, 2005, through June 30, 2006. Consent. I-05. Reject Bid #56-2029-JF for the purchase of cafeteria food for use by all district schools and authorize staff to re -bid to obtain more competition. Consent. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2006 AGENDA ITEM NO. 20 ITEM TITLE Public Hearing — Tentative Subdivision Map and Conditional Use Permit for the Proposed \ Conversion of the Van Linn Apartments (48 Rental Units) to Condominiums at 1905-1935 J Avenue and 1904-1934 K Avenue (Applic nt: Westone Management Consultants) (Case File No. S-2003-7/CUP-2003- 26) PREPARED BY Andrew skinson, 336-4310 DEPARTMENT Planning EXPLANATION This proposal is for the conversion of the Van Linn Apartments, which are located in the 1900 block of J and K Avenue, to condominiums. Planning Commission has considered this item at three separate meetings (December 5, 2005, January 9, 2006 and February 6, 2006). Commissioners heard testimony in opposition to the conversion from tenants and concerned citizens at all three meetings. At the Commission's urging, the applicant also held two tenant information meetings. The Planning Commission's ultimate action was to recommend denial of the conversion. The attached background report describes the site, the proposal, the public testimony at the Planning Commission meetings, and the project's level of consistency with the General Plan. Environmental Review N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission to deny the Tentative Subdivision Map and Conditional Use Permit. BOARD / COMMISSION RECOMMENDATION Planning Commission recommends denial of the Tentative Subdivision Map and Conditional Use Permit. Vote: Ayes- Alvarado, Baca Reynolds Nays- Flores, Carrillo, Martinelli Absent- Pruitt, DeLaPaz ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 5-2006-03-08 3. Location Map 4. Departmental & Agency Comments 5. Notice of Exemption Resolution No. 6. Letters from Concerned Tenants/Citizens 7. Property Condition Assessment Report 8. Application and Supporting Materials 9. Applicant's Proposed Relocation Package 10. Proiect Plans A-200 (9/99) BACKGROUND REPORT The 1.66 acre, rectangular shaped project site is located on the east side of J Avenue and the west side of K Avenue immediately north of 20th Street in the Multi -Family Residential Extendable -Planned Development (RM-1-PD) Zone. It has approximately 290 feet of frontage on J and K Avenues and 240 feet on 20th Street. A public alley running north -south bisects the property. The property is developed with the Van Linn apartment complex, which has 12 buildings with a total of 48 units. The buildings, which were built in 1963, are one story along J and K Avenues and two -stories at the alley. The attached Tentative Subdivision Map (Exhibit A) clearly shows the layout of the property. The buildings, which are oriented back to back, generally face onto 20-foot wide courts that contain landscaping and walkways providing access to the units. However, the buildings on the north end of the property are separated from the properties to the north by 10 feet and those on the south are separated from 20th Street by 10 feet. There is 15 feet between the rear of each building; this area is typically divided into 7 '/ foot deep private patios (roughly 175 square feet each). The one to two-story buildings have vertical wood siding and stucco exteriors with hip roofs. As shown in the attached site photographs provided by the applicant, all units are directly accessible from outside the buildings via walkways. There are 46 garage parking spaces accessible off the alley between J and K Avenues (see attached site photographs). There are three unit types: a 588 square foot one-bedroom/one bath unit, a 850 square foot two bedroom/one bath unit, and a 1,086 square foot three bedroom/two bath unit. Three units in each building have a private patio, as described above; the upstairs units closest to the alley have a small private balcony/entry stoop. Landscaping consists mainly of grass with low growing shrubs at the foundations of some of the buildings, palm trees within the courtyards and canopy trees along the street frontages (see attached site photographs). Overall the property is in good condition as noted in the Property Condition Assessment prepared for the project. The report specifically notes that there are no significant defects, that the property has been regularly maintained and estimates the general remaining economic life to be at least 35 years. Nearby uses consist mainly of single-family houses to the south and east. There is a mix of small multi-plexes and tri-plexes to the north and west of the site. The applicant proposes to covert the 48 existing apartment units in 48 condominium units for individual sale. As condominiums, the units will be the same size and have the same floor plan as they do as apartments. The applicant proposes to make a number of repairs/improvements to the exterior of the buildings and common areas. Specifically, all of the vertical wood siding will be removed and each building will be newly finished with stucco, and all of the windows, exterior doors and exterior light fixtures will be replaced. Additionally, the existing patio fences will be replaced with new redwood fencing. No enhancements to the landscaping are proposed at this time. The interior of each of the units will also be renovated. Each unit will be completely repainted. New carpet and linoleum flooring will be put in along with new maple cabinets with granite countertops. New appliances, tub/shower units, lighting and interior doors will also be included as part of the renovation. The attached Project Redevelopment provides additional detail on the proposed renovation. Finally, the walls and floors of each unit will be augmented to have a one -hour fire rating, as required by the Fire Department, and air conditioning will be provided for each unit. The above noted improvements and sale of the individual condominiums will likely be phased; however, the precise phasing is unknown at this time. Staff has inquired as to the projected sales price of the units; however, the applicant has indicated that given the quick rate of change in today's market they do not feel they can accurately predict the future sales prices. The applicant has also proposed the following relocation package to each tenant in good standing. • (All tenants in good standing) When the developer requires the unit for rehabilitation, a 100 percent refund of the security deposit and 30 days of occupancy rent free to each tenant. • (Tenants in good standing age 55 or older) When the developer requires the unit for rehabilitation, a 100 percent refund of the security deposit, 30 days of occupancy rent free to each tenant, and cash payment equal to 60 days of rent. • (Tenants in good standing with children age 13 or younger) When the developer requires the unit for rehabilitation, a 100 percent refund of the security deposit, 30 days of occupancy rent free to each tenant, and cash payment equal to 30 days of rent. In order to pursue the conversion of the Van Linn Apartments to condominiums the applicant has requested approval of a Tentative Subdivision Map and a Conditional Use Permit as required by City ordinance. The requirement for a case -by -case consideration of each condominium conversion (i.e., Tentative Subdivision Map and Conditional Use Permit) is an implementation measure of a General Plan Housing Conservation policy. There are a number of important General Plan policies that are applicable to this request. As with any condominium conversion the proposal would increase the number of home ownership opportunities, consistent with General Plan policy. However, as this project has a number of two and three bedroom apartment units it is physically different than many of the previous condominium conversion requests that the City has considered. Additionally, the property is in better physical condition than some of the other condominium conversion projects that have been submitted to the City. It is important to note that the General Plan projects the typical family size in National City to remain larger than it is in the rest of the county, and notes that three bedroom apartments are in limited supply in National City. This large family size combined with a limited number or large units leads to overcrowding (too many people residing in a residential unit) in National City. Census data from 2000 indicates that overcrowding disproportionately affects renters (i.e., 42.5 percent of renters live in overcrowded conditions, where 23.9 percent of owners live in overcrowded conditions.) Conversion of the Van Linn Apartments, which are mainly comprised of two and three bedroom units, would limit the availability of rental housing suitable for Larger families. For this reason, the proposed removal of rental housing stock suitable for larger families is inconsistent with the General Plan Housing Conservation Policy requiring a case - by -case consideration of condominium conversion proposals. Since it is impractical for most proposals to convert apartments into condominiums to meet current Land Use Code requirements for new condominiums, the General Plan and Land Use Code do not require it. However, it is useful to compare the requirements for new condominiums and for new one -bedroom apartments to what will be provided to allow for a full analysis. The table below summarizes some Code requirements for new condominiums and one-bedroom/two bedroom/three-bedroom apartments and what will be provided. Comparisons of current Code requirements with the existing development New 1 bedroom/2 Van Linn bedroom/3 bedroom Apartment apartments Complex Parking spaces 2 spaces/unit plus 1.3 plus guest/1.5 plus .96 spaces/unit with guest parking guest/1.5 plus guest New condominiums no guest spaces 588/850/1,086 Unit size 1,000 square feet 650/800/950 square feet square feet Private open 60 square feet 60 square feet minimum 45-187 square feet space per unit minimum Density 22.9 units/acre 22.9 units/acre 28.7 units/acre Based on 48 units That table shows that both the unit sizes and private open space of the Van Linn Apartment complex are similar to new apartment standards and new condominium standards. The table also shows that fewer parking spaces are provided than are required of new apartments and especially of new condominiums. In order to satisfy the application requirements for the Conditional Use Permit to convert apar tnients, the applicant had a Property Condition Assessment (PCA) report and a Pest Report prepared. The PCA included an assessment of all structural and mechanical systems. As stated before, the PCA report found that the property is generally in good condition without significant defects. It does however, contain recommended short-term and 3 intermediate term repairs, repairs that should be made in the next five years. The identified repairs are fully detailed in the attached report. Some of the repairs are to replace the roof of each building, replace some of the worn windows, and to replace the wall heaters. Finally, the Pest Report identified some dry rot, some drywood termite infestations, and some subterranean termite infestations. However, there were no structural defects identified, and remedies to the existing conditions were identified in the report. Planning Commission considered this proposal at three separate meetings, and at each meeting heard significant testimony from concerned tenants and citizens in opposition to the conversion; no tenants or citizens offered testimony in support of the conversion. The primary reasons cited by the tenants/citizens for opposing the conversion are summarized below: • displacement of good tenants, especially the number of long-time tenants; • property is well maintained and already in good condition; • there are not many comparably sized units available for rent in National City; • there would likely be a parking shortage; • other condominium conversions in National City are not selling quickly, so there is not a need to convert the Van Linn Apartments, and the applicant mentioned this; • many of the tenants are on fixed incomes, so they would not be able to afford to buy their unit, or to rent another comparable unit; • there were Section 8 renters in the complex two years ago, but they seem to have been moved out in anticipation of the conversion; • and exemption from full environmental review under the California Environmental Quality Act seems questionable. The Planning Commission considered the testimony summarized above, and asked the applicant to provide additional information and to meet with the tenants to discuss their concerns. The applicant did hold two tenant information meetings at the Commission's request; the second meeting was considered needed because of the limited advance notice the applicant provided for the first meeting. As a result of the tenant information meetings, the applicant has proposed a relocation package, as previously described. Ultimately, Commissioners concluded that the conversion of the Van Linn Apartments is not necessary to the public welfare, since it would result in the displacement of a number of long-time residents, and since it would reduce the already limited supply of existing rental housing opportunities that are suitable for larger families. Staff reported to the Planning Commission that at the time the staff report was prepared (December 2005) there were no Section 8 renters in the Van Linn Apartments. Subsequent to the public testimony, that there were Section 8 renters in the apartments approximately 2 years ago, staff checked the Section 8 Program Manager and found that there have been no Section 8 renters at the Van Linn Apartments at least since before 2002. In addition to public testimony, several tenants and citizens submitted letters of opposition (see attached Letters from Concerned Tenants/Citizens) voicing the same concerns listed previously. RESOLUTION NO. 5-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING DENIAL OF A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE PROPOSED CONVERSION OF THE VAN LINN APARTMENTS (48 RENTAL UNITS) TO CONDOMINIUMS AT 1905-1935 J AVENUE AND 1904-1934 K AVENUE APPLICANT: WESTONE MANAGEMENT. CASE FILE NO. S-2003-7/CUP-2003-26 WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of 48 apartment units (Van Linn Apartments) to condominiums at 1905-1935 J Avenue and 1904-1934 K Avenue on property generally described as: Block 6 of J.J. O'Brien's Subdivision of the southeast quarter of 20 acre Lot 2 in quarter section 133 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to map thereof no. 1068, 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 duly advertised public hearings held on December 5, 2005, January 9, 2006 and February 6, 2006 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2003-7 and CUP-2003-26 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, members of the public testified that rents have been raised and Section 8 renters removed from the property in anticipation of conversion to condominiums; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the 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 introduced in the staff report and public hearing for said Tentative Subdivision Map and Conditional Use Permit support the following recommended findings: FINDING FOR DENIAL OF THE TENTATIVE SUBDIVISION MAP FOR CONVERSION OF THE VAN LINN APARTMENTS TO CONDOMINIUMS The proposed Tentative Subdivision Map to convert 48 existing apartment units into condominium units is not consistent with the National City General Plan Housing Conservation Policy which states " consider, on a case -by -case basis, the conversion of existing apartments or other rental properties to condominiums, community projects, or stock cooperatives in order to provide additional home ownership opportunities at all income levels" since the project will reduce the range of existing rental housing opportunities, by specifically removing larger (i.e. 2 and 3 bedroom) apartment units, which are in short supply and provide suitable housing for larger family households from the existing rental housing stock. Larger families are considered a special needs housing group because of their need for larger units, which are often limited in supply and therefore can command higher rents which can lead to overcrowding. Based on 2000 Census data, overcrowding disproportionately affected renters — 42.4 percent of renters versus 23.9 percent of owners lived in overcrowded conditions. Furthermore, the City' s Housing Element indicates that the availability of three -bedroom units is limited therefore converting an existing apartment complex with larger units sizes would limit available housing for this particular segment of the community. FINDING FOR DENIAL OF THE CONDITIONAL USE PERMIT FOR CONVERSION OF THE VAN LINN APARTMENTS TO CONDOMINIUMS That the proposed conversion of the Van Linn Apartments into residential condominiums is not deemed essential and desirable to the public convenience and welfare, since the conversion will result in the displacement of a number of long-time residents of the community by removing existing large apartment units (i.e. 2 and 3 bedroom units), that are in short supply in National City and provide suitable housing for larger family households. This particular type of rental housing stock is limited within the City (City' s Housing Element). Coupled with the need to provide adequate housing for larger family households, the conversion of an existing apartment complex with larger units sizes would not be deemed essential or desirable since this particular housing type would be reduced within the community. The proposed conversion of the Van Linn Apartments into residential condominiums is not consistent with Housing Element goals and objectives, since there are limited .large unit size apartments (i.e. large 2 and 3 bedroom) within the community, therefore, the conversion to condominiums will result in a short supply of large unit size apartments. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends denial of said Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of 48 apartment units (Van Linn Apartments) to condominiums at 1905-1935 J Avenue and 1904-1934 K Avenue. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 6, 2006 by the following vote: AYES: Alvarado, Baca, Reynolds NAYS: Flores, Carrillo, Martinelli ABSENT: Pruitt, DeLaPaz ABSTAIN: VAN LINN APARTMENTS NA LOCATION MAP Subdivision and Conditional Use Permit to convert 48 apartments (Van Linn Apartments) to Condominiums S-2003-7/ CUP-2003-26 NATIONAL CITY PLANNING 0 DRN. DATE: 11/22/05 INITIAL HEARING: 12/5/05 Page 1 of 1 Andrew Hoskinson From: Hermi Oliveria Sent: Wednesday, March 08, 2006 7:12 AM To: Andrew Hoskinson Subject: Van Lin Apts. Hi Andrew, We never had any Section 8 tenants at the complex from 2002 to current. Let me know if you need more information. Thanks. Hermi 3/8/2006 Chairman Nick Inzunza Members Ron Morrison Luis Natividad Frank Parra Fideles Ungab Executive Director Paul Desrochers October 15, 2003 Preservl. Shaping the Future Community Development Commission of National City MEMORANDUM COMMUNITY DEVELOPMENT COMMISSION NATIONAL CITY To: Roger Post, Planning Director Via: Josue Esping Assistant P1 From: Paul Desrochers, CDC Director Re: Case File No: S-2003-7/CUP-2003-26 'A/LENT OCT 16Et Thank you for the opportunity to review the above apartment/condominium conversion project. The subject site is forty years old, while it is well kept, it lacks amenity, and it is basic no frills housing. To evaluate the issues, I will breakdown my concerns as follows: ❑ Affordability: There is a severe need for basic, low cost for sale housing in our city and in the region. My concern is that 48 rental households will be out of decent affordable housing and the converted units will sell at market, which is, in this case $200 +/- per square foot. Thus, what happens to the renters who cannot afford purchase? Is there an opportunity for the current tenants to purchase the units at a lower price? Also, there should be a provision that will prohibit investors in purchasing. the units on a speculative basis rather than to owner - occupants. (3/4 to 1/4t rule) ❑ Amenities: The current lay -out of the complex provides for minimal outdoor space, the units have small patios and balconies, there is little room to change this lack of "breathing room" for the residents. To suggest removal of a whole or partial building to accommodate some open space would no doubt add to the cost of each unit. The CDC, however, would be interested in discussing concepts and possible financial participation with the current owner to facilitate this concept. ❑ Parking: At present, parking is accommodated in garages off the alley that works well. There is a covered space for each of the forty-eight units, thus street parking is required. On a site visit, I could not find the 12 uncovered spaces listed in the project description. Trash dumpsters may be taking up these spaces; thus, twelve on site are non -existing. It will be interesting to see how the garages are sub- divided to accommodate conversion to ownership. More off street parking is needed, but again, this will increase the affordability of the units. 140 East 12th Street, Suite B National City, California 91950-3312 Phone (619) 336-4250 Fax (619) 336-4286 www.ci.national-city.ca.us �� ❑ Maintenance HOA: Will there be a Home Owner's Association? How can the City be assured that it will remain adequately funded and operate? At present, the owner is doing a fairly good job of maintenance; but, as is the case with other city condominiums, if the HOA falls apart, the complex is not properly funded and the complex becomes blighted. A review of the HOA rules and Obligations is an important factor in evaluating the conversion. In summary, if we can be assured that the conversion will, in fact, be a positive change for: 1. Affordable housing opportunities • Current tenants' advantage. • Affordable prices (for 60% - 80% of median income households?) What will the units sell for? • 3/4's owners requirement 2. Positive impact on the neighborhood • Parking, is it sufficient? • Open Space, can more be accommodated? • Maintenance The CDC is able to support the proposed conversion if the above issues are addressed. City of National City Building and Safety Department 1243 National City Boulevard National City, CA 91950 Phone: 619-336-4210 Fax: 619-336-4217 November 14, 2003 TO: Planning Department FROM: Kathleen Trees Building & Safety De SUBJECT: S-2003-7, CUP-2003-26 1904 J Ave & 1905 K Ave. artment 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. Prior to conversion, schedule an inspection with the Housing Inspector. All code violations must be corrected prior to conversion. q �� City of National City `,.,, Department of Public Works �tATI©�lAl CITY 1'l�Ahih111�iC �;LPARTMENrr 1243 National City Blvd., National Cii A 91950 (619) 336-4580 (619) 336-4380 F 19):3.36 4397- ENGINEERING REQUIREMENTS FOR A CONVERSION OF APARTMENTS TO CONDOS AT 1905 "J" AVENUE AND 1904 "K" AVENUE Date: October 23, 2003 To: Josue Espino, Planning Department From: Adam J. Landa, Assistant Civil Engineer f K Via: Stephen M. Kirkpatric , Acting Director of Public Works/City Engineer Subject: CONVERSION OF APARTMENTS TO CONDOS AT 1903 "J" AVENUE AND 190:4 "K" AVENUE 1. The deteriorated portions of the existing street improvements (50' of sidewalk) along the property frontages shall be removed and replaced. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. A performance bond equal to the approved cost estimate for all of the street improvements, and landscaping work shall be posted. A three thousand dollars payment shall 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 adjustments. 4. Street improvements shall be in accordance with City Standards. All missing street improvements (conc. Alley 14'x 290') shall be constructed. A title report shall be submitted to the Engineering Department for review of all existing easements and the ownership at the property, after Planning Commission approval. ® Recycled Paper Planning Department October 23, 2003 Page 2 TENTATIVE MAP REQUIREMENTS 1. The final map shall meet all of the requirements of the Subdivision Map Act, and City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. The developer shall bond for the monumentation, the public improvements and landscaping, and other improvements through an agreement with the City prior to the approval of the final map. All new property line survey monuments shall be set on private property, unless otherwise approved. 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. AL:jha 1905 SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 {'A VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org Es October 16,,;2©OT" Mr. Josue Espino, Assistant Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY 48 CONDOS AT 1904 "K" AVENUE & 1905 "J" AVENUE, NATIONAL CITY A.P.N. 561-201-04, 05, 06 CASE NO.: GP-2003-7, CUP-2003-26 SWA GEN. FILE: WATER AVAILABILITY, 2003 Dear Mr. Espino: GOVERNING BOARD JAMES "JIM" DOUD, CHAIR W.D. "BUD" POCKLINGTON. VICE CHAIR R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH RICHARD A. REYNOLDS CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPON•ERIEDMAN SECRETARY This letter is in response to a Tentative Subdivision Map for the subject property, within Sweetwater Authority's (Authority) service area. There is a 6-inch water main located on the north side of 204Street, a 6-inch main on the east side of "K" Avenue and a 6-inch main on the east side of "J" Avenue. The Authority's records indicate that there are 13 existing water services to this property. Enclosed is a copy of 1/4 SEC. 133 map, which shows the existing water facilities. The Authority will not permit separate water services for each condominium on this size of a project. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that the Authority requires a 10-foot horizontal separation between sewer and water laterals. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas V) Ms. Josue Espiho Re: Water Availability — 1904 "K" Avenue and 1905 "J" Avenue, National City October 16, 2003 Page 2 of 2 If the owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 67 p.s.i. to a minimum of 57 p.s.i. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE:vls Enclosure: photocopy of 1/4 SEC. 133 map Pc: National City Fire Department 333 E. 16th Street National City, CA 91950 Westone Management Consultants 294 Chambers Street, Suite 44 El Cajon, CA 92020 Mitchel and Zora McDonald 8080 La Mesa Boulevard, Suite 201 La Mesa, CA 91941 l:\engr\Gen\Water Availability\ 1094k_1095j.doc Every reasonable effort has been made to assure the accuracy of this map. However, neither the SanGIS participants nor San Diego Data Processing Corporation assume any liability arising from its use. THIS MAP IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROPRIETARY INFORMATION: The use of this information is pursuant to sublicense agreement only. Any resale or relicensing o this information is prohibited, except in accordance with such sublicensing agreements. Subject Property: 1904 "K" Ave. & 1905 "J" Ave. 1/4 SEC. 133 SCALE: 1 INCH = 200 FEET (7 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: S-2003-7/CUP-2003-26 Project Location: 905-935 J Avenue and 904-934 K Avenue Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Tentative Subdivision Map and Conditional Use Permit for the conversion of 48 apartments into condominiums Applicant Name and Address: Westone Management Consultants 1640 Broadway Ste. A San Diego, CA 92101 Telephone Number: 619-645-9071 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 1, Section 15301 (Existing Facilities) ❑ Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal would permit the conversion of 48 existing apartments into 48 condominium units. No expansion of the existing structures is included in this proposal. Date: ANDREW HOSKINSON ASSOCIATE PLANNER ® Recycled Paper I r� 8 FEB 2006 AM 10: 48 February 8, 2006 City of National City 1243 National City Blvd. National City, CA 91950 Attn: Honorable Mayor and City Council Subj: Conversion of the 48 Van Linn Apartments to Condominiums 1905-1935 J Avenue & 1094-1934 K Avenue At the Planning Commission meeting on February 6, 2006 the Planning Commission denied the proposal from Westone Management Company to convert the Van Linn Apartments into condominiums. I would like to bring to your attention that the property condition assessment report dated February 2003, has discrepancies which I believe are very relevant to this proposal. On page 7 it states that there are 2 one bedroom units, 11 two bedroom units and 35 three bedroom units. In fact there are 2 one bedroom units, 34 two bedroom units and 12 three bedroom units. Also, on page 7 it states there are 12 open surface parking spaces in addition to the 48 assigned garage spaces. In fact there are no additional open surface parking spaces. There are numerous other concerns regarding this conversion that I will also present when this issue is brought before the City Council. Thank you, Debra L. Miller On behalf of my parents Jay & Betty Wright 1934 `K' Avenue #D National City, CA 91050 �164,76 is ESL, �(6741 Nk (fin ve (MA) 0.pl. c--k-rn-e 5 s \-* r1 c f e 55 5 or q_ A a tkoto Ynany r - n 1ke5 Ig5i. 0 e -Iv II J � �tS�jcf�Pd- %C ct q se a-V C end 0, (0 Vl v e t s (o vIS? W --k e. ft Ra a1/4-5) a-- Uci ✓t Li vl ,par -f r\Ae vt {s) i'Yto been rCCett,i j no-ttcp5 ct+no t?- --etr, r- +15-0 eq r'S . we Qs re ivkf'S 6'letv e_ e bp 4'1 OD .Avg b La (— I n C.-6 . 1 l t7 0 f1 k 3 OV, s olc4 �0�- I �--f �1 Pa_dre VCr) p se c-A-- e 5 Q '.e s#`)" m ccilet3erri-Ftif ot.f,e, owne4-5 Qfir,� 641 r - kiS -erVn Gamer-f -6 canes ; are -1 r�t� Y A 5 �o �1 v�� *Si `fie Vim. � s �f Li a A L I vt � r` �� e �L�s L p(4 lie € (i( Aq rn �. (i e 5) - p (4,t- s }k, -c-7-(Av._ 5 kf2_ tit-0 cat.. UM( Le 100 Ivi) -c-,n 6k piq a -Iz,) I i u e ,,A we vd \0 5 c u e ra / q_po rly,i e vri i . ces rv1 p ),e 4-es hod (.,(_,(-) re_ gIsd cd0Ue o3 -i-) CorAc oc kiej 26 JAN 2006 pH12:26 3 -7/ - 3 " 5 b LtAtket-Q ct C`Q ‘_,LN pbSk RA 41 ow( CC( ee ecL1 Ere 4,4-`Ctr) SOQ-d Ctc'e yobv e repp4, *pa ko sCt. 16kCi. -4U2A-e are pez pte V-ikb cal\ ctiko-t-14 / -; To: City of National City Planning Department From: Toby and Alisha Temoney Subject: Public Hearing regarding process for condo conversion Date: January 6, 2006 HANDOUT Item No. 3 January 9, 2006 We, (my husband and I) reside in the Vann Linn Apartment complex at 1917 J Ave Apt. C. We would like to submit this letter to the planning commission along with a petition of input from residents of the Vann Linn Apartments. The petition is to make the planning commission aware of the residents that are against and for this proposed starting of the process for condo conversion. We would like to request that the planning commission extend the hearing to a later date. The reason for this request is we still feel as though there has not been enough time provided to the residents of the complex, as well as citizens of National City, to have a more complete understanding of what could take place. Additionally, as found at the hearing on the December 5th many of the tenants are Spanish speaking residents and are not fully aware. I would like to request more time allotted in their stead to enable them to contact the different departments within this city. We feel that there is a language barrier that is evident. In order to hove the citizens be notified completely of what could take place, more ample time should be provided. Factually, I received another package of the staff report for the conditional use permit and the subdivision map at about 3p.m. on Friday afternoon, I was able to talk to Mr. Andrew ` o kiIison and with his _availability 7 was aL;wer d a lot of questions that I had. I am very ' '' " ' 'f once some of the materials and Esi3 fro, i��' ��s�,�3.:�,�;i3 ,:�� �s�.i�i i,tx i�r,�� T �iiYF 'l'.l� ^�' state laws that the city of National City complies with. F tllr.rinore, w €-a til I like to extend our request for more time to have information provided to the resident:. 'We knew that these residents are being misinformed, On Thursday evening a representative of Westone Management Consultant group tried to bring resolve to this issue by rn;.tl•. =tig s .tli pl.=. i s iike .here i., ilothing to vo:ry bout." We as residents were also told that othi„L; ,,,,I,t �.,kE. �,t.� for ,,nether five to six years. We are also asking of the Westone Management Consultant Group, Mr. Scarletti, and the applicant to have enat ,_ ,,,, � �'�r S f f b= ectt�tg, , .._�t a. d aad-e available to the tenants of itself it l • firming when the owner ..ii:i•ei ,.:y, ,y4?{ ?i.,a if i>; -,�i a>is-yr 'v �] rlt.:4 1( 1 is alarming has applied for a conditional use permit and hearings are taking pace. We thank you in advance for your willingness to take into consideration our written request as we are out of town. Respectfully, Alisha A. Temoney g We, the residents of Vann Linn Apartments, would like to draw attention to the"` request for a conditional use permit for the proposed conversion of the Vann Linn /,,ypa mi has. F,s: ��.. :-:..::.e.m inium 'low petitioners rety! s th planning commission .i T.pdrtn+3r ++ JS+MVaai.ila 4{ ! 1 Sl petitioners 11V + wsur v++ to• consider the number of total tenants in the apartment complex. We are providing a list of pztitioners who could make themscl•, cu mailable to state via submission of name, address, and signature whether the i,„ for or against the attempt to convert tour m Sid "1ir.6 £ ' `CS. 48 rental units. into con&iiiirtiusis for individual sale. Nosotros Los residents de los Apar-'i Deli s' inn Linn, quer:coos iiamar u *tension, accrra de la conve ;of de lonnc= tos en condominios. Nos t it is ilatnar st+ atencion y is .a_= ,itamos de so icion atravez de la commission del grupo total de residents del eomplejo apartarncntos. 'a quc no s:tarnos du _ =F . do en que se hagar_ todos los 48 apartamentos en condomnios para su yenta individual i, usiy_:d {`; a 3 : _ 3r= ' _ :j y is { an cufinios," en la siguiente lista ponya s 3 nerthr el;rAr ,inu y s• t r va grie esta -vary. a la "ciudad." En i fec :.z. i t..4 o- _r_.._ i`.-v. .>zrx . = -E _ '-o- 'r•.�- 6 fps. - idl• r- d me � - la cual ma$t�tiY'.tslk,:s €d�i.�a,s:� sz siGiw,+,�r€���.s�"a��l��azb e �� jR�� ��' #`i:sii�d��t €�sk� �3 � L���1 art'° .�� (' renta en condominios. Por su atencion y coop -racion gracias IV., %." 4-1.... residents of Vann Linn Apartments, would like to draw attention to the request for a conditional use permit for the proposed conversion of the Vann Linn Apartment: .... -v.=<ei• wr.:.•e•. r.. �!1l7 ptatitn �__;4 .a:� } . w -- • ..'} t consider the.sual bcl cif 4ltwal tenants i$i t �u.pµr tmcnt icomplex. We are rovidi I !. _...at•� o_: who, !a 1 ! ._._ . al . •. } } t p � a: •.. $3 r�. r. ii tidr e.e�z•�31� _.dt'i ��.;. YiaaR _ <' ' * ' 1< 4:14 1. .sFubmissior 4f arii.6e,_. ai 41 z:; '4 3riy i'*' t 8ttainpt to zer. .rt G ii' 1 L' zd-£-';Eynrgg' . iac,e se5 for individual sale. Against conversion: Name Addr;_ are f ;no'list the I.ts, i n -n to .. _ _ .' -iniums 1. //-Lh.- .6..--1.7,,, l q/ 1 vf �, Arc- .14,: 2. ePPIAur.4 =1/g-), T-1Z Fitt . 4u 4:I .cry;--c X'&"1 .11,e114--ev / _ fiD5 f s. k-- -Q i G('S J /e Ap i 0 f6--Q. • {/1�,��r . � �/)jam} .✓✓ice//��jjJj�1'''' ��j -� // .-1i TS µqi/6 44— 7. ptiOn ,m_rk << .evie? j c'� - QA1h-). q-k' c l' s. Sa\ho -,a,o„1 o -29 -.--au.4e-i. /: (1,A0Ll 9. t i G, o D 4,s l q 3 c'D jet ' to. ri. L,,,-,sue 1' 7T_N Kav6, < '1D -',,-,c 11. a, a„,,,,,,,,,._, i `1'9 b - /i; a,-e. 0' 1„ uv('`c a,t6 1 K P4 �` 1 r 13. , 6��kI q ( 1� IX:- 'P(C < - /- {Y I � !1 , 1 LLl a LA We;L a �,P th T F s. request Apartm)=_ er:si }}a��aJ¢¢ e provid' subris:i :any _ nr tJ*b T Li F 1�ai ..3a Y� 1i• use I... w=- the number of t t. f warn adth for i-dividual sate. inst conversion: Name 4 Cants, would like to draw attention to the r.e i.i.ii proposed conversion ,f the Vann Linn i' I` iu_a : L =T'�a3itS inkt�a, Add= - . saxz Si m.+ plex. We are ;t.e €e Vitt for • rt J_ anst the. 14.3 ite, dart_ 19t0 k (2) 4119 44 15. _4/ rep750 7-y4,5 /77W H Svc Aft. c4c 16. )4-(i_suk_, , nOL-' /41)-. k , -----Mir --ux 2,--1-C, 17. .i\,1/1(4 ku9/0 ) / Zz )(6,iv-- 4V-1- A ._, A IAo, L)q,..7 18. J0 roe 0Ila t -y } 9t/- i Ab/F 4 I g ,1(5,--c.P . `kaqi---) 19.: V e ti vl -ez 2 .r--(- i'-2, r - I) -�=- 2 U /. /✓ _ JCJ 47 7 , 1A) l U- " l l u c. pal, ' 14 p, PYO FY)ZAi Z-. / 21. \SCI I\C 'lit L V RZ cS" (-- PA k... )4 - C- ` -i,--`--) L9.41\- r U 22Eagit,,,,- Of N3K 7C_6(-,-c- i'V-X fti/e-/;-4. /7A--z(-T oz_ 23. Z, ✓2 _ 71 �C� wc�% Gqi /vim ,� ✓���' 24- re .�v ,igF. � /91(� I VF ^ 7 ✓ if / viz .igeT� 25.1 u•l` Bc,o2. f9/7 111 E L'z ✓c o- rl. qW.J 26. For conversion: Name Address Signature 1•SoflOt A\.56(1 `----- ------=-,.Q____ PC))3NN,L.4bQ ,t.‘c1T.I>1) 2. C 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 9 JAN 2006 PM 3:51 re hCK{�_Q ll G. � � ��� �d�� EnSGYI Vq• ' cPIo1 ivi eQ�rn lll�Im���JJtss.c r Iit.ar � n6 on . J .c q 2c* o fn Q ,�y� /' �1 jL // PQ 'I } 4t ontahve }Ot � j2i14u110►�� r r ICt� avt Corrit oP (la Paza1D i- 10R -io nkte riwN eal AIL pPa61.03 eartmizek.er k have_ cop & ifvf toa, lQ Oubirii '�q c73 OUI •pnlol o t�ar►te-r'Ii- V arl, 4vu1, ,rzut- iehQ.n Owe�vc rxF. E+rwrli�. (gip �,utiv olir�onr� .14 -Qpiutuoxgetik4 one doltc rnaAeh 4U.n-t1-iafvnrlze, lUp slave ,OcivaP (Vtaumft- `h'►a a. e:coo-1✓ ! ` + e Ten -Wive. J 1od i✓ice, Mop in _ 412 havz Yr)2:1464 )Zs ecuto t u ivoz ved cpp.Lcanr. ► hut i oo npcOx l 114 w iled gr,+-` hav- WQ,CID -i-0jctni5_4 t,021Q it iliaA 51111f-it pc acc oLc6rc>< J ule t VLoi, 1 Mae A- c+ A•�emor��y HANDOUT Item no. January 9, 2006 7 HANDOUT ITEM NO. 6 December 5, 2005 To the Honorable Mayor and City Council Member, City of National City Re: Agenda Item 6., December 5, 2005 Council Meeting Van Linn Apartment Proposed Conversion My name is Susan Price, 2255 Lago Madero, Chula Vista, CA 91914, on behalf of my parents, Jay and Betty Wright, who reside at 1934 K Avenue, #D, the Van Linn Apartments. I AM OPPOSED TO THIS PROPOSAL! My parents are seniors who have lived at the Van Linn Apartments for more than 40 years. There are many other residents who have also resided there for many years. The proposed conversion will create affordable (?) housing for first time buyer's. What do you consider affordable? If this conversion is approved, what plans does the City have to relocate the current residents? My parents live on a fixed income and their apartment is as "affordable" as it gets, even in National City. If my mother, whose health is failing, is forced to leave her "home" I truly believe it will kill her. You have a responsibility to ALL NATIONAL CITY CITIZENS to protect their "affordable apartment rentals" as in this case. Your staff report is flawed where is reads "Environmental review: Exempt." IT IS NOT EXEMPT. I urge you to scrutinize the staff report and find out who will really benefit from such a conversion? Any ties to Council Members or the Mayor? VOTE NO ON THIS PROPOSAL OR FACE A LAW SUIT! Sincerely, Susan Price )11 JCEP/HUANG CONSULTING ENGINEERS, INC 217 Via Lara Tel: 805-375-6292 Fax: 805-375-8292 Newbury Park, CA 91320 e mail: jcep.huang@adelphia.net Memorandum Date: August 8, 2005 To: Mr. Joseph Scarlatti Westone Management Consultants 8799 Balboa Avenue, Suite 240 San Diego, California 92123 From: Johnny Huang JCEP/Huang Consulting Engineers, Inc. Re: PCA Report 1905-1935 J Avenue and 1904-1934 K Avenue National City, California 91950-5846 JCEP/Huang completed the above referenced report in February, 2003. After Planning Department of National City's review of the report, several comments were made. Our answers to the comments are listed below according to the sequence of the comments made by the Planning Department. 1. As required by Section 18.74.020, the physical elements report needs to include the following information: a. An estimate of remaining useful life of all building and site improvements analyzed in the report (i.e. foundation, roof, plumbing systems) Answer: The estimated remaining useful life (RUL) of building and site improvements is as follows: Item Year Constructed Estimated Useful Life Effective Age RUL Foundation 1963 50 15 35 Framing 1963 50 15 35 Roofing Unknown 20 17 3 Plumbing 1963 50 15 35 Electrical 1963 50 15 35 Pavement 1963 30 25 5 Concrete walkway 1963 50 20 30 b. A report identifying measures needed to improve sound attenuation between units, since the apartment buildings were constructed prior to 1979. Answer: Please see attached letter dated February 18, 2004 addressed to Mitchell J and Zora J. McDonald. c. A structural pest report Answer: This is beyond the scope of work of the PCA. d. Identification of characteristics of the building not in compliance with currently applicable building or housing codes, and with codes in effect at the time of construction. Answer: The apartments appeared to be in conformance with the codes in effect at the time of construction. We checked with the Buildings Department by phone at the time of preparing the PCA. No outstanding building or fire code violations were noted. e. A note in the report that smoke detectors shall be provided in individual units, as well as for other on -site protection systems maintained by the homeowners association. Answer: It was noted in the report that each dwelling unit is equipped with smoke detector and the apartment buildings are fitted with wall hung fire extinguishers inspected and punched on the cards. 2. The project description includes a list of interior and exterior improvements proposed. Answer: The proposed improvements are noted to be completed within 5 years (by February, 2008). But Management of the Apartment should obtain drawings and specifications for contractor(s) to perform the said improvement works. Should there be any questions regarding this project, please contact Huang at 805-375- 6292 or at icep.huang@adelphia.net. Attachments: 1. February 18, 2004 letter to Mitchell J and Zora J McDonald. 2. PCA Report dated February 2003 REPORT Property Condition Assessment 1905-1935 J Avenue 1904-1934 K Avenue National City, San Diego County, California 91950-5846 Project No. 02-C-01738 February, 2003 Prepared For Mitchell J and Zora J McDonald C/o Westone Management Consultants 294 Chamber Street Suite 44 El Cajon, California 92020 Attention: Mr. Joseph Scarlatti Prepared By JCEP/Huang Consulting Engineers, Inc. 217 Via Lara Dos Vientos Ranch, California 91320 3�- February 28, 2003 Mitchell J and Zora J McDonald C/o Westone Management Consultants 294 Chamber Street Suite 44 El Cajon, California 92020 Attn: Mr. Joseph Scarlatti Re: Transmittal of PCA Report 1905-1935 J Avenue 1904-1934 K Avenue National City, San Diego County, California 91950-5846 Dear Joe: Attached is one copy of the referenced report. Your receipt of this report completes our scope of work under this contract. This PCA report is based on a walk through observation of the subject property on February 12, 2003 and the review of certain property related documents that you provided us. We appreciate the opportunity of providing this engineering service to you and look forward to a continuing working relationship in the future. Should there be any questions regarding this project, please contact Huang at 805-375-6292. Sincerely, Johnny G. Huang, P.E. Principal 2 53 TABLE OF CONTENTS SECTION PAGE 1.0 EXECUTIVE SUMMARY 4 1.1 General Description 4 1.2 General Physical Codition 4 1.3 Recommended Immediate Repairs 4 1.4 Recommended Short Term & Intermediate Term Repairs 5 2.0 SCOPE OF WORK 7 3.0 SALIENT INFORMATION 8 4.0 SYSTEM DESCRIPTION AND OBSERVATION 9 A Buildings .9 B Common Area 12 3 3`f • • 1.0 EXECUTIVE SUMMARY 1.1 General Description JCEP/Huang completed a property condition assessment (PCA) of a multi- dwelling complex located at 1905-1935 J Avenue and 1904-1934 K Avenue, National City, San Diego County, California 91950-5846 at the request of Joseph Scarlatti of Westone Management Consultants. As part of the PCA, an on -site walk through observations was made on February 12, 2003 with Joseph Scarlatti and Lindsay Erickson. The subject property contains 48 one, two and three -bedroom apartment units scattered in 12 one and two-story garden type apartment buildings. Additionally, the subject dwelling complex also provides garage parking for 48 vehicles and 12 asphalt surfaced parking spaces, and associated hardscape and landscape. Construction drawings were not available for JCEP/Huang's review. Reportedly, the subject property was developed in 1963 on an approximated 1.66 acres urban lot in National City, San Diego County, California. Due to its mild climate in the project area, and like most multi -dwelling complexes in coastal San Diego County, air conditioning for cooling is not provided for the subject apartments. Heating is supplied by gas -fired wall heaters. Domestic hot water for each apartment is provided by an individual gas -fired hot water heater contained in the utility closet of each apartment. Gas main and individual gas meters are hung on the exterior wall of each building, while the electric distribution panels and individual electric meters are housed in the utility closet of each building. Smoke detectors are available for the apartments, and the public areas of the buildings are fitted with fire extinguishers. Additionally, fire hydrants are located along the city street sidewalk by the property and on -site as required by the current fire code. 1.2 General Physical Condition The subject property appears adequately maintained and in overall good condi- tion without significant defects noted. Original components of the buildings are composed of durable materials and sturdy construction. It is JCEP/Huang's opinion that the subject property is comparable to other similar properties of similar age in this area and, subject to a continued program of sustained pre- ventative maintenance, the remaining economic life of the subject apartments should exceed 35 years. 1.3 Recommended Immediate Repairs 4 Deferred maintenance and physical deficiencies for which actions are recom- mended represent potentially unsafe conditions, material code violations, and items that require corrective works on a higher priority than routine work. Based upon observations conducted during the property visit, no objectionable property conditions that require immediate corrective works were identified, except the following: Item Quantity Unit Cost Immediate Cost Examine and check irrigation system, and make necessary repairs and adjustments. -- Lump Sum $500 Total $500 Recommended Short Term and Intermediate Term Repairs The following objectionable property conditions need to be corrected within the next five (5) years before they evolve into more costly repair/replacement items: • Replace all existing heating units with new energy -efficient models within the next three years. ESTIMATED COST: 94 units @ $300 each $28,200.00 • Replace 34 window units within the next two years. ESTIMATED COST: 34 units @ $400 each $13,600.00 • Repair, seal -coat and restripe the asphalt paved driveway and parking lot within one year. ESTIMATED COST: $ 7,400.00 • Paint building exteriors within the next two years, including exterior walls, stairs, railings. ESTIMATED COST: 12 buildings @ $12,000 each $144,000.00 • Reroof the buildings with a fire -proofing asphalt impregnated roofing shingle system within the next five (5) years. ESTIMATED COST: 12 buildings @ $7,200 each $ 86,400.00 TOTAL: $279,600.00 5 2.0 SCOPE OF WORK Scope of Work for this PCA is based upon the requirements as outlined by Joseph Scarlatti of Westone Management Consultants, and included the following: A. Buildings 1) Roofs 2) Foundations 3) Walls, Windows and Doors 4) Exterior Paint and Woodwork 5) Plumbing 6) Mechanical 7) Water Heaters 8) Electrical B. Common Area 1) Pavement 2) Walkways 3) Landscaping/Plantings 4) Irrigation System 5) Swimming Pools/Spas/Saunas 6) Common Recreation Rooms 7) Trash Areas 8) Mechanical 9) Electrical 10) Exterior Common Area Lighting 11) Walls and Fences 12) Drainage Facilities 3.0 SALIENT INFORMATION Project 02-C-01738 Property Name N.A. Property Address 1905-1935 J Avenue and 1904-1934 K Avenue National City, California 91950-5846 Year Built 1963 Year Renovated N.A. Zoning C, Multiple Dwelling Assessors Parcel Number 561-201-06-00 Legal Description Block 6, Lot 1 through 10 Occupancy Group B-2 Construction Type V-1, Not fire-sprinklered Number of Buildings 12 Number of Apartments One Bedroom: Two Bedrooms: Three Bedroom: Total: 2 11 35 48 Occupancy Rate 100% Number of Stories One and two stories Basement None Total Building Area Approximately 44,788 square feet Site Area Approximately 1.66 acres Number of Parking Spaces Garage: 48 Open Surface: 12 Total: 60 Property Visit Date February 12, 2003 Property Visit Conducted By Johnny Huang, P.E. Accompanied By Joseph Scarlatti and Lindsay Erickson of Westone Management Consultants, and Blanka Garcia, the Property Manager Weather Cloudy and raining, mid 50's 7 3� 4.0 SYSTEM DESCRIPTION AND OBSERVATION A. Buildings 1) Roofs Description: The twelve (12) apartment buildings are weatherproofed with a conventional pitched roofing system. Design drawings of the Apartments were not available for our review. It is likely that the roofmg systems are over plywood roof sheathing supported on wood frame composed of rafters, joists and studs. The pitched roofmg system is composed of asphalt impregnated shingles over heavy felts supported on plywood roof sheathing. Pitched roofing is a proven waterproofing product with a long and impressive performance record. A well constructed system of the project type with proper maintenance effort can easily last 20 to 25 years, provided that the felts are well shielded from the ultra -violet rays from the sun. Roofing cement, metal flashing and counterflashing, roof jacks, and other waterproofing materials and devices are implemented at joints of the roof and penetration locations. Observations/Comments: Management of the property advised that there are no roof leak reports, and no signs of leakage were noted during JCEP/Huang's on -site visit. The roofing systems appeared adequately maintained and in good to fair condition. Due to aging, it is recommended that the roofing systems be replaced with a fire -proofing asphalt impregnated roofing shingle systems within the next five years. No immediate repairs are recommended at this time. 2) Foundations Description: Original plans and specifications were not provided for JCEP/Huang's review. The apartment complex is likely to be founded on cast -in -place reinforced concrete perimeter footings, column footings, and interior grade beams with concrete slabs -on -grade. 8 31 Observations/Comments: Visible portions of the foundations were observed to be in good condition. No signs of cracking, settling, or distress were observed. No repairs are recommended at this time. 3) Walls, Windows and Doors Description: Exterior walls of the apartment buildings are observed to be constructed of painted wood siding with wood trims and stucco. Typically, the sidings and stucco are over lath on plywood backing supported on wood studs. Window and door openings are likely to have been reinforced with additional wood members. Apartment unit entry doors are of solid core fire -rated type with twist - action door knob and dead bolt hardware. Garages are fitted with standard wood garage doors with electronic controls. Interior doors are typically of hollow cored units. Windows are of aluminum framed glass sliding units. The exterior stairs that access the upper level flats are of wood construction with painted treads and railings that match the color of the buildings. Observations/Comments: No structural distresses were noted on the walls. The walls remain to be straight, in line and plumb. Generally, exterior walls appeared adequately maintained and in good to fair condition. However, watermarks were observed along the lower portion of the exterior walls at several buildings. They appear to be caused by irrigation. JCEP/Huang recommends that irrigation system be thoroughly examined and make necessary repairs and adjustment. Windows and doors appeared adequately maintained and in good to fair condition. However, it was estimated that about 34 window units need to be replaced within the next two years. 4) Exterior Paint and Woodwork Description: Woodwork is typically covered by painted siding and stucco. Exterior paint includes the stairs, sidings, stucco and wood trims. Observations/Comments: It is recommended that all building exteriors be painted within the next two years. 9 (b 5) Plumbing and Hot Water Heaters Description: Plumbing system includes necessary hot and cold water supplies, drainage, waste, and vents. Water supply, waste, drainage and vent lines consist of copper water piping, cast iron and ABS waste and vent piping, and steel natural gas piping. Sanitary sewers and storm wastes are discharged to the respective public infrastructures. No sewage lift stations were observed during the property visit. Domestic hot water for the apartments is supplied by individual gas -fired hot water heater located in the utility closet if each unit. Apartment bathroom fixtures consist of floor supported lavatories with wood cabinets, floor mounted toilets and white fiberglass bathtubs with showers. Observations/Comments: Plumbing system of the subject property was observed in good condition, and appeared adequately maintained. Observed hot water heaters appeared properly strapped for seismic safety. Property Manger of the apartments advised that all hot water heaters were replaced within the past two years. And they appeared adequately maintained and in good condition. No repairs are recommended at this time. 6) Mechanical Description: Due to the mild climate condition of the project area, no air conditioning for cooling is considered needed, and none is provided. Heating of each apartment is provided by individual wall heaters powered by gas. All 2 and 3 bedroom apartments are provided with two such heaters. Bathrooms and kitchens are equipped with wall switches controlled exhaust fans. Exhausts are ducted through the roof. Ventilation of the apartments relies on natural breeze. Observations/Comments: Mechanical system of the subject property appeared adequately maintained and in good operative condition. Equipment capacities also appear adequate for the intended usages. No repairs are recommended at this time. Due to aging, it is estimated that 94 wall heaters need to be replaced with energy efficient units within the next three (3) years. 10 7) Electrical Description: Electrical service for the property is through an overhead installation from San Diego Gas and Electricity owned and electric pole supported transformers to the buildings' distribution panels. Tenants are individually metered for electric services. Power to the building is provided at 120/208-volts. Each apartment is provided with a 120-volt, 50-ampere single-phase service. Circuit breakers are provided for overload protection. Observed conductors and wiring appeared to be copper enclosed in metallic and plastic conduits. Observations/Comments: Electric system of the property appeared in good condition. No repairs are necessary for the electrical system. B. Common Area 1) Pavement and Walkways Description: Poured concrete curb and sidewalk parallel to J and K Avenues are provided as part of the City's sidewalk system. On -site driveways and parking lots are typically paved with asphalt and concrete, while the curbs and sidewalks along the borders of the asphalt pavement are constructed of reinforced concrete slabs -on -grade. Walkways in courtyard areas and the entry way to the ground floor apartments are composed of cast -in -place reinforced concrete slabs -on - grade also. Observations/Comments: Reinforced concrete slabs -on -grade were observed in a good state of repair. No cracking nor significant displacement of the concrete flat work was noted. Generally, asphalt paved driveways and parking lots appeared adequately maintained and in good condition. However, the asphalt pavement needs localized repairs, a new seal -coating and the parking spaces need to be restriped within one year. 2) Landscaping/Plantings Description: Adequate landscaping of matured palms and evergreen trees, flowers, bushes, and grass is provided along the sidewalk parallel to the city streets and inside the property. Observations/Comments: Landscaping and plantings appeared to be adequately maintained and in good condition. No repairs are recommended at this time. 3) Irrigation System Descriptions: Automatic irrigation system is provided for all landscaped areas of the property. Sprinkler lines appear to be PVC with 2" main and 3/4" branches, sprinkler heads appear to be brass. Observations/Comments: The irrigation system appears to be able to provide adequate coverage for the landscaping and planting. Landscaping and irrigation are serviced and maintained weekly by gardening services. Irrigation system of the property appeared adequately maintained and in good condition. It is noted that watermarks inducted by irrigation are evident along the lower area of the exterior walls near the ground covers at several building locations. JCEP/Huang recommends that the irrigation system be thoroughly examined. Make necessary repairs and adjustments to assure the proper spraying of irrigation water. 4) Swimming Pool/Spa There are no swimming pool and spa on the subject property. 5) Common Recreation Rooms There are no common recreation rooms in the subject property. 6) Trash Areas Description: Reinforced concrete blocks fenced trash enclosures are provided for the property. It is conveniently located for garbage disposal and truck collection. A trash bin is placed inside the enclosure for dumping and collection by the garbage trucks. Trash is collected twice weekly by Pacific Waste Service. Observations/Comments: Trash area appeared clean and without objectionable odor. The area appeared adequately maintained and in good condition. 7) Mechanical There are no mechanical units provided for the common area. See A6 for mechanical system for the dwelling units. 8) Electrical 12 ,� See A7 for details. 9) Exterior Common Area Lighting Description: Lighting for these areas is provided by building wall mounted lighting fixtures. The city lights somehow help illuminate the site. Observations/Comments: The property was not observed at night, but it appears that lighting is provided for proper illumination of the site at night. New exterior lights can be considered to enhance the overall appearance of the property. 10) Walls and Fences There are no fences provided for the property. For descriptions of building walls, please see Section A3 and A4 of the Report. 11) Drainage Facilities Description: On -site drainage is primarily surface controlled. Building pads are raised above gradient for proper drainage. Rainwater from the roofs is collected by perimeter metal gutters and downspouts. The downspouts are plumbed to the site drainage system which, in turn, is connected to the public storm drainage infrastructure. Asphalt paved driveways are constructed with noticeable slopes that are away from the building structures and converge to the center swales of the pavements for proper drainage. It rained during the on -site observations, no significant ponding was noted. Rainwater appeared to flow freely off the site and onto the municipal storm drainage system. Observations/Comments: Drainage systems of the property appear to have positive slopes that lead water away from the building structures and towards the collection devices. No significant ponding areas were noted during the property visit. No repairs are recommended at this time. 13 3CEP/HUANG CONSULTING ENGINEERS, INC 217 Via Lara Dos Vientos Ranch, CA 91320 TEL: 805-375-6292 FAX: 805-375-8292 February 18, 2004 Mitchell J and Zora J McDonald c/o Westone Management Consultants Condominium Conversion Consultants 710 Camino de la Reina Suite 129 San Diego, California 921.08 Attention: Lindsay Erickson Ref: Addendum for Sound Transmission Classification (STC) and Insulation for The Apartments 1905-1935 J Avenue and 1904-1934 K Avenue National City, San Diego County, California 91950-5846 Dear Lindsay: As you requested, STC and Insulation for the referenced project are described as follows: Description: Wood framed residential buildings constructed in the 1960's usually feature staggered stud walls with 4 to 6 inches air space, fiberglass insulation, offset electrical junction boxes and drywalls. The wall assembly has a Sound Transmission Classification (STC) of 59 as per Section 1.2.4.1.4.6 of the Owens Corning Fiberglass Test No. Oct W- 28-90 test manual. The Uniform Building Code (UBC) requirement for airborne sound insulation for wall and floor/ceiling assemblies in Group R occupancies (measured by the STC rating) is 50 (45 if field tested). The requirement for RC ratings of separating floor/ceiling assemblies is 50 also (45 if field tested). The actual assemblies of this apartment complex may have provided greater sound and impact attenuation than required by Code. Observations/Comments: No architectural drawings were available for JCEP/Huang's review. But it is the standard practice for wood framed residential structures in the 1960's to have 2 x 6 and 2 x 4 studs at 24" or 16" cavity walls. Such cavities can easily accommodate enough fiberglass insulations to attain code required sound proofing and weather insulation ratings. It is JCEP/Huang's opinion that the subject Apartments is likely to have STC at 50 or more and insulation valve at R-19 or more. The actual STC and insulation value of the partition and exterior walls can be verified when the Renovation of the Apartments is in progress. If the above conditions need to be improved, design sketches (if not drawings) and specification will be required to carry out the improvements. Should there be any questions regarding the subject project, please contact Huang at 805- 375-6292 or e mail him at jcep.huang@adelphia.net. Sincerely, Johnny Huang Principal ]CEP/HUANG CONSULTING ENGINEERS, INC 217 Via Lara Dos Vientos Ranch, CA 91320 TEL: 805-375-6292 FAX: 805-375-8292 February 18, 2004 Mitchell J and Zora J McDonald c/o Westone Management Consultants Condominium Conversion Consultants 710 Camino de la Reina Suite 129 San Diego, California 92108 Attention: Lindsay Erickson Ref: Addendum for Sound Transmission Classification (STC) and Insulation for The Apartments 1905-1935 J Avenue and 1904-1934 K Avenue National City, San Diego County, California 91950-5846 Dear Lindsay: As you requested, STC and Insulation for the referenced project are described as follows: Description: Wood framed residential buildings constructed in the 1960's usually feature staggered stud walls with 4 to 6 inches air space, fiberglass insulation, offset electrical junction boxes and drywalls. The wall assembly has a Sound Transmission Classification (STC) of 59 as per Section 1.2.4.1.4.6 of the Owens Corning Fiberglass Test No. Oct W- 28-90 test manual. The Uniform Building Code (UBC) requirement for airborne sound insulation for wall and floor/ceiling assemblies in Group R occupancies (measured by the STC rating) is 50 (45 if field tested). The requirement for IIC ratings of separating floor/ceiling assemblies is 50 also (45 if field tested). The actual assemblies of this apartment complex may have provided greater sound and impact attenuation than required by Code. Observations/Comments: No architectural drawings were available for JCEP/Huang's review. But it is the standard practice for wood framed residential structures in the 1960's to have 2 x 6 and 2 x 4 studs at 24" or 16" cavity walls. Such cavities can easily accommodate enough fiberglass insulations to attain code required sound proofmg and weather insulation ratings. It is JCEPIHuang's opinion that the subject Apartments is likely to have STC at 50 or more and insulation valve at R-19 or more. The actual STC and insulation value of the partition and exterior walls can be verified when the Renovation of the Apartments is in progress. If the above conditions need to be improved, design sketches (if not drawings) and specification will be required to carry out the improvements. Should there be any questions regarding the subject project, please contact Huang at 805- 375-6292 or e mail him at icep.huang@adelphia.net. Sincerely, Johnny Huang Principal Site Photos S-2003 -7/CUP-2003 -26 ,� gTN#41PHFA9 41,4kvii044g0"46".4,V,I.:" U`h J/ � Ills INIIIII II I a C-- 't_,c' NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map X. Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 Case Number PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY S3— Filing Fee $ Receipt No. Date Received °Pic' 3 By E.A.F. Required Fee $ Related Cases 60 P 9.65c)3 2(a SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. Yip' ) PROPERTY LOCATION ' q05 t J / l Gf doe - COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 Address :7,1,1F1.k'i?(3111'. i O/ Address: La ‘6 t)9 1iq it Phone No. 0/4-- Lic')6(9(7; Fax No. - ' fryr..i . ()'31)0 Name: OR OTHER AUTHORIZED REPRESENTATIVE 16kame: AI 0. Signatur- Gam,. /4tt Signature W Ak (Signature acknowledges this (Signature acknowledges that this application is being filed) application is being filed) Address: )Q4/ ei a /*, 3 3f , *l Address: AI/A t tl (//jcri , C emw Phone No. -J - �/r��j Phone No. Fax No. o! q - ` § - L fy' %' Fax No. tV/13- Date: Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Signature Signature (S. nature acknowledges ' . t this (Signature acknowledges that this application is being filed) application is being filed) / Phone No. Fax No. I �� Date: Date: j1 ] Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2 of 3 APPLICANT Name: (Please Signature ►' iP I Coar'')u.14 - (Signature certiifiet the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: l 1-1 z')` ``t-ti.fi LI Phone No. i0 (CA - - Fax No. (:) / 1 Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 Sent 914: HP LaserJet 3100; 6'9 588 4597; Feb-19-03 1 :43PM; PEi : 3/3 Mitchell 7. McDonald & Zora 3. McDonald Family Trust dated December 28th, 1995 8080 La Mesa Blvd, 5ulte 201 La Mesa, California 91941 Phone 619-464-8300 December 30th, 2002 RE: 1904-05 - 35 J & K Street National City, California 91950-5932 To Whom it May Concern, This shall confirm that we have retained, Joseph Scarlatti Westone Management Consultants 294 Chambers Street, Suite 44 El Cajon, California 92020 Phone 619-588-4593 Fax. 619.588-4597 �sssss•sssw�it in order to seek the appropriate ;subdivision approvals from the City of National City, register the approved subdivision map, condominium drawings .and C,C &R's. Mitchell J. McDonald & Zora J. McDonald Family Trust dated December 28d', 1995 hereby authorize WestonE: Management Consultants and Mr. Joseph Scarlatti to obtain any documents, drawing and related information reb3vant to the above captioned property and to sign any documentation necessary on our behalf. Yours truly, Mitchell J. McDonald Authorized Signature APPLICATION for NATIONAL CITY, CALIFORNIA Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT,�USE ONLY t �rf Case Number F- ) - Filing Fee $ Receipt No. Date Received J By . E.A.F. Required Fee $ Related Cases J " )Q 7 LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) 'De_a A{it:to‘nod PROPERTY LOCATION 19 t I " I C(C .Y) 111i No. between ) P V E and 11‘ Y3 V E Street COMBINED GENERAL PLAN/ZONING DESIGNATION Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: tc Cri)c:';1'1ili- ll,Lid ) CC)) t er tCa1 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Signatur ( ignature acknowledges, at this application is being filed) Name: Signature Nip (Signature acknowledges that this application is being filed) Address: itYh1 ` r; ° ,1, 1--�Liii�'���>I�i . 'i.d.�;� ,�u� .Address: NIA Phone No. \et - 1'i 9 — 9)30Phone No. Fax No. \ O `W7) Fax No. Date: Date: N Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: t;ls `4Li fl1(J111 & Cy.M f LTf1 �6) (Please type . print) Signature: _ Ci1 ( 4 (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 1 1, l Cary) C Ya 9? 0 2 a Phone No. Fax No. Date: ((2 I C1 - L1 J4( 3 - tbbc6 z-15 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 Project Redevelopment 1904-1934 K Ave. / 1905-1935 J Ave. National City, CA 91950 Proposed Renovations to the Interior of Building Walls & Ceilings Walls Base Board — (six inch) Crown Moldings — (six inch) Ceilings Bathroom & Kitchen Kitchen Maple Cabinets & Granite Counter Tops & Back Splash New Sink & Taps Microwave & Garbage Disposal New Appliances Stainless Steel Appliances Dish Washer, Fridge Microwave & Hood fan Doors Six panel H/C Interior Doors & 1 5/8 Inch Trim Molding Upgrade Electrical 125 Amp to each unit Install AC unit in each condominium Flooring New Carpet 12 X 12, Linoleum in Bathroom Bathroom Maple Cabinets, Granite Tops Counter Tops New Sink, Tub & Shower & Shower with Granite Surround/Value, Toilet Lighting Lighting Package & Ceiling $350 budget Door Hardware Brushed Nickel Note Upgrades will be available to the buyer at time of sale 3 FEB 2006 PM 3:23 Relocation Assistance for the property located at 1904-05-35 J & K Street National City, California When the developer requires the unit for rehab and the tenant occupying the unit is a tenant in good standing the developer shall give the last 30 days free rent. Further, the developer shall refund 100% of the rental deposit back at the beginning of the 30 day free rent period to further enable the tenant to find suitable accommodation. When the developer requires the unit for rehab all units occupied by a person on the lease age 55 or greater shall receive 30 days free rent, their damage deposit returned at the start of the free rent and a cash payment equal to 60 days rent. (any combination of free rent and cash payment not to exceed 90 days relocation expense) When the developer requires the unit for rehab all units occupied by family's with children under the age of 13 shall receive 30 days free rent, their damage deposit returned at the start of the free rent and a cash payment equal to 30 days rent. (any combination of free rent and cash payment not to exceed 60 days relocation expense) When the developer requires the unit for rehab all tenants that moved into the property and did not receive the proper disclosure notice shall received an additional $1,000 in keeping with the California Subdivision Map Act Section 66452.8(c) City of National City COUNCIL AGENDA STATEMENT MEETING DATE: March 21, 2006 AGENDA ITEM NO. 21 iITEM TITLE: RESOLUTION OF IHL CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A REALLOCATION OF 2000-2005 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREPARED BY: LETICIA QUINTERO EXPLANATION: DEPARTMENT CITY MANAGER'S OFFICE The City Council held two Public Hearings on March 7, 2006 and March 21, 2006, received and considered input, and can now take action on the above resolution. Environmental Review Not applicable to this report. Financial Statement STAFF RECOMMENDATION That City Council approve the resolution in the reallocation of CDBG funds. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) N/A Resolution No. 2006- RESOLUTION 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of National City administers the allocation of CDBG funding for the Federal Government under the United States Department of Housing and Urban Development (HUD); and WHEREAS, the City wishes to reallocate program funds that have been uncommitted and/or unspent to the various programs for the benefit of National City's community development needs; and WHEREAS, the City Council of the City of National City conducted duly advertised public hearings on the reallocation of said funds on March 7, 2006 and March 21, 2006; and \WHEREAS, the City has agreed to reallocate certain funds as shown in Attachment "1" and "2", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that the reallocation of CDBG funds as shown in Attachment "1" and "2" is approved, and the Mayor is hereby authorized, on behalf of the City Council, to submit a revised statement to the U.S. Department of Housing and Urban Development (HUD) reflecting said reallocation. PASSED AND ADOPTED this 21st day of March 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CDBG As of 06/30/2005 FUNDS TO BE REALLOCATED Fit c t Year r t pit nuirn `l a'pr fitlon ( tt z' Itp,::::leq'£ Sig: W" [iy ount,: F alto a# tth Total :.+Realtalatron AVaila6ie; for �` ersti 00-01 314 Fire Fighting Equipment 301 409 500 598 1576 ._....,�irlslt 540 540 01-02 396 Fire Station Design 301 409 500 598 1577 36,300 36,300 02-03 414 Firefighting Equipment FY 02 301 409 500 598 1176 2,864 2,864 04-05 491 Housing Inspection 301 413 132 6,823 6,823 03-04 446 Housing lnspection Pilot 301 413 134 39,163 39,163 00-01 328 Housing Inspection Program - FY 00-01 301 413 132 xxx 9,482 9,482 01-02 385 Housing Inspection Program - FY 01-02 301 413 132 xxx 10,979 10,979 02-03 404 Install Pedestrian Ramps 301 409 500 598 6134 50,000 50,000 00-01 338 Kimball Park Restroom Facility Const. 301 409 500 598 4016 126,831 126,831 04-05 493 Library - Project Literacy FY04-05 301 431 128 100 4,002 4,002 02-03 419 Library - Project Read FY 02-03 301 431 128 xxx 967 967 03-04 457 Library - Project Read FY 03-04 301 431 128 xxx 5,345 5,345 00-01 336 Miscellaneous Storm Drain Work 301 409 500 598 7062„ 50,000 50,000 04-05 498 Neighborhood Presery Council -Community Svcs 301 441 414 1xx 25,145 25,145 04-05 Neighborhood Presery Prg-PW Litter 301 422 221 299 0 50,000 50,000 04-05 496 Neighborhood Preserv-Code Enf (planning) 301 406 0 xxx 27,125 27,125 04-05 490 Recreation Teen Program 301 441 412 3xx 3,440 3,440 02-03 408 Replace Main Hall Tile Floor -Community Ctr 301 409 500 598 4009 10,037 10,037 00-01 339 Tennis Court/Basketball Court Rehab 301 409 500 598 4003 40 40 TOTALS: $ 445,330 $ 13,755 $ 459,084 ATTACHMENT #1 CDBG As of 06/30/2005 PROJECTS RECOMMENDED FOR FUNDING FIscal HU �.'t N. ,Yr.[:Y Y ( „�.y.�.ns F :- ..r .. . ,415-, .. '� ` M . .� a.. 0 ...iY. 1.. +. :ktyt Etr .. �.5�A�A F ...: 01-02 396 Fire Station Design 301 409 500 598 1577 36,300 99-00 300 Fire Station Study 301 409 500 598 1566 12,823 02-03 414 Firefighting Equipment FY 02 301 409 500 598 1176 2,864 02-03 404 Instal Pedestrian Ramps 301 409 500 598 6134 50,000 97-98 185 Install Pedestrian Ramps FY 97-98 301 406 500 598 6133 9,448 97-98 158 Misc Storrs Drains FY 97-98 301 409 500 598 7062 3,493 99-00 Miscellaneous Storm Drain Work 301 409 500 598 7062 50,385 00-01 336 Miscellaneous Storm Drain Work 301 409 500 598 7062 50,000 98-99 298 Pool Plumbing Rehab 301 409 500 598 1135 2,571 99-00 335 Reinstallation of Street Lights 301 409 500 598 6135 2,576 02-03 408 Replace Main Hall Tile Floor Sections 301 409 500 598 4009 10,037 02-03 415 Station #10 Exhaust Ventilation FY 02-03 301 409 500 598 1177 18,485 CDBG Administration 10,102 TOTAL AMOUNT FOR REALLOCATION - 05-06 BUDGET: $ 259,084 CDBG REALLOCATION FUNDS AVAILABLE FOR FY 2008-07 $ • 200,000 TOTAL REALLOCATION AMOUNT: $ 459,084 ATTACHMENT #2 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: March 21.2006 AGENDA ITEM NO. 22 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROV1;\\ THE 2006-07 CONSOLIDATED PLAN FUNDING ALLOCATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS PREPARED BY: LETICIA QUINTERO AI DEPARTMENT CITY MANAGER'S OFFICE EXPLANATION: The United States Department of Housing and Urban Development (HUD) has informed the City that $1,123,247 in Community Development Block Grant (CDBG) and $597,736 in HOME Investment Partnership Act (HOME) funds will be available for the 2006-07 Consolidated Plan program year . Upon the conclusion of the Public Hearing, the City Council will consider the adoption of the attached Resolution approving the CDBG and HOME funding allocations for the 2006-07 Program Year. Members of the HCDC, along with Staff, have prepared funding recommendations to the City Council. Environmental Review Not applicable to this report. Financial Statement The City will receive $1,123,247 in CDBG and $597,736 in HOME funds from the Department of Housing and Urban Development for FY 2006-07. The City Council's adopted allocations will then be incorporated into the City and CDC 2006-07 Fiscal Year Budgets. STAFF RECOMMENDATION City Council to allocate CDBG and HOME programs' budgets. BOARD/COMMISSION RECOMMENDATION Allocation Recommendations from the Housing and Community Development Committee (HCDC) are listed in the Executive Summary and Program Eligibility sheets in the Requests for Funding packets. ATTACHMENTS (Listed Below) N/A Resolution No. 2006- RESOLUTION 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2006-2007 CONSOLIDATED PLAN FUNDING ALLOCATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS WHEREAS, the City of National City administers the allocation of CDBG and HOME funding for the Federal Government under the United States Department of Housing and Urban Development (HUD); and year; and WHEREAS, the City desires to allocate program funds for the 2006-07 program WHEREAS, the City Council of the City of National City conducted duly advertised public hearings on the allocation of said funds on March 7, 2006 and March 21, 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the CDBG and HOME funds are approved, and the Mayor is hereby authorized, on behalf of the City Council, to submit the 2006-07 Annual Plan for the expenditure of said funds, attached hereto as Exhibit "A" and incorporated herein by reference, to the U.S. Department of Housing and Urban Development (HUD). PASSED AND ADOPTED this 21st day of March 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2006-2007 CDBG AND HOME ALLOCATIONS CDBG ENTITLEMENT $ Public Services (15% of Entitlement Set -Aside) $ Section 108 Loan Payment (Interest and Principal Payments) Available for Administration, Community Enhancement, Economic Devp. and CIP $ HOME ENTITLEMENT $ 1,123,247.00 168,487.05 506,279.00 448,480.95 597,756.00 Tab No. Organization 1 Cit - Communit Services Program Nei: hborhood Councils A.DMINISTRA.TION AND PLANNING Fiscal Year oa-06 Funding $ 50,000.00 Amount Requested 101,054.00 City Council Allocation 8 „d..JJ IHX3 Tab No. 2 Organization Boys & Girls Club PUBLIC SERVICES Program AfterSchool Transportation Program Fiscal Year 05-0G Amount Fundimr. Requested $ 15,725.00 $ 15,725.W City Council Allocation $ - 3 City- Building & Safety Graffiti Removal $ 100,000.00 $ 161,530.00 $ - 4 City- Building & Safety Neighborhood Trash Clean-up Events $ - $ 36,250.00 $ - 5 City- Community Services Tiny Tots $ 23,000.00 $ 24,736.00 $ - 6 City- Community Services Swim Program $ 21,000.00 $ 25,660.00 $ - 7 City- Community Services Teen Extreme Program $ 1.5,000.00 $ 27,125.00 $ _ 8 Community Youth Athletic Center Program Development 8 20,000.00 $ 75,000.00 $ - 9 City- Library Literacy Services $ 47 250.00 $ 47,250.00 $ 10 MAAC Project Emergency Food Assistance $ - $ 25,000.00 $ 11 Occupational Training Services Park Villas Educational Enrichment $ - $ 5,250.00 - $ 12 Operation Samahan Community Based IT- training center $ - $ 60,000.00 - $ _ i3 PASACAT Focus National City $ 10,000.00 $ 15,O00.00 $ 14 South Bay YMCA National City Aquatic Center $ - $ 60,6.57.00 - $ 15 Trauma auma Intervention Services ices Program Team - O 8,W W $ 8,000.00 - City Council Allocation $ - i , T r. Amount _.F � � � Requested Totals $ 587,183.00 Deficit $ 4.18,695.9.5 $ 168,48705 Tab No. Organization COMMUNITY ENHANCEMENT Program Housin. Ins.cction Fiscal Year 05-06 Funding $ 75,000.00 Amount - Requested $ 138,953.00 $ City Council Allocation - Cit - Buildin & Safet 17 Cit - Buildin & Safet Code Enforcement $ 50,000,00 $ 133,716.00 $ - 18 NC Livin; Histor Farm Bathroom facili $ - $ 10,000.00 $ - 19 0 teration Samahan, Inc. Samahan Women's Clinic $ - $ 50,000.00 $ - 20 PASACAT Renovation Pro'ect $ - $ 200,000.00 $ - ECONOMIC DEVELOPMENT Tab Fiscal Year 05-06 Amount City Council No. Organization Program Funding Requested Allocation 21 NC Chamber of Commerce Resource Mobilization $ - $ 27,500.00 $ - 22 San Diego Hispanic Chamber Diverse Emer;ing Vendor Outreach $ 5,000.00 $ 15,000.00 $ - Organization 23 City- Engineering 24 25 26 27 28 29 City- Engineering City- Engineering City-. Engineering City- Fire City- Fire City- Fire CITY CAPITAL IMPROVEMENTS PROJECTS (CIP) Fiscal Year 05-00 Amount City Council Program _ Funding Requested Allocation Upgrade of Substandard Pedestrian Ramps $ Alley Improvements Miscellaneous Storni Drain Improvements Miscellaneous Concrete Improvements Fire Apparatus Lease Payment #2 Fire Apparatus Lease Payment #4 Fire Apparatus Radios 30 Cit - Fire Rescue Ent i.men t $ $ $ 150,000.00 $ $ 150,000.00 $ 50,000.00 $ 100,000.00 78,453.00 $ 78,459.00 $ 60,116.00 $ 60,116.00 $ $ 30,000.00 $ 2,000.00 $ $ Amount City Council Requested Allocation Totals $ 1,296,792.00 Deficit $ 848,511.05 448,480..5 Tab No. Organization Cit - Economic Develo • ment M7 48 49 Christmas in Jul MAAC Pro'ect SD Habitat for Humanit HOME INVESTMENT PARTNERSHIP ACT (HOME) Fiscal Year 05-06 Amount Funding Requested Program Adminis tration Home Re air/Rehabilitation Piannin • & Pro'ect Mana : ement National Cit Sin' le Famil Homes 63,000.00 $ 100,000.00 $ Totals Deficit 59,778.00 $ 100,000.00 80,000.00 690,000.00 Amount Requested City Council Allocation $ 929,773.00 $ $ 589, 057 00 $ City Council Allocation $ 597, 756.00 City of National City, California COUNCIL AGENDA STATEMENT March 21, 2006 MEETING DATE 23 AGENDA ITEM NO. ITEM TITLE Resolution accepting proposals for Police Department Towing Contract, and awarding contracts to two providers: Moynahan Towing and JC Towing. Contract term: April 1, 2006 - March 31, 2009. PREPARED BY Brenda E. Hodges, C.P.MIg;ARTMENT Purchasing Dept. x4570 EXT. EXPLANATION Sergeant Randy Bishop 1f Police Dept. x4446 See attached i Environmental Review "- N/A MIS Approval Financial Statement n/a Approved By: n/a Finance Director Account No. STAFF RECOMMENDATION In concurrence with the Police Department, the Purchasing Agent recommends that contracts be awarded to Moynahan Towing and JC Towing. BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below) Resolution No. 1) Explanation 4) Cost Proposals (Pg C1) 8) Protest Letter: Rancho Del Oro (Pg F1-6) 2) Admin. Evaluation: Purchasing (Pg Al) 5) Bidder List/Ranking (Pg D1) 9) Protest Letter: American Towing (Pg G1-12) 3) Site Evaluations: Police Dept. (Pg B1-16) 6) Contracts (on file in Clerk's office) 10) Protest Response (Pg H1-11) 7) Protest Letters. RoadOne (Pg E1-11) 11) Resolution A-200 (Rev. 7/03) EXPLANATION The City current Towing Contract with Moynahan and Road One Towing, will expire 3/31/06. Request for Proposal #GS0506-5 was issued 11/8/05 to establish a new contract. RFP's were mailed to 15 vendors, netting 8 actual proposals. Extensive Administrative Review and Site Evaluations were conducted for all vendors, and companies were ranked according to how well they met or exceeded the RFP requirements. As per previous contracts, the Police Department recommends awarding contracts to two separate companies. It has been determined that Moynahan Towing and JC Towing are best suited to provide the required level of service. Moynahan has provided towing services for the City for many years. JC Towing more than meets the RFP requirements, and currently provides service for CHP, Chula Vista and San Diego Police Departments. Road One Towing was ranked third, and has been notified that their contract will expire. Proposed rates were initially different between the two recommended companies. Therefore, negotiations were conducted to equalize their proposals, so that standard, consistent rates could be established for both. Protests were received from three companies which are not being recommended for an award of contract: Road One, Rancho Del Oro, and American Towing. The issues raised by these protests are addressed in the attachments to this agenda. It is recommended that contracts for the period of 4/1/06 - 3/31/09, be awarded to Moynahan Towing and JC Towing companies. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING TWO PROPOSALS FOR THE POLICE DEPARTMENT TOWING AND IMPOUND SERVICES AGREEMENT, OVERRULING ALL PROTESTS, AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH MOYNAHAN TOWING AND JC TOWING, INC. FOR A THREE-YEAR TERM WHEREAS, the City's current Police Department Towing and Impound Services Agreements with Tom Moynahan and Road One Towing will expire March 31, 2006. Request for Proposal #GS0506-5 was issued to 15 vendors in order to establish new agreements; and WHEREAS, 8 proposals were received in response to the RFP by the February 3, 2006 due date; and WHEREAS, extensive administrative review and site evaluations were conducted for all companies that submitted proposals, and companies were ranked according to how well they met or exceeded the RFP requirements; and WHEREAS, the Police Department and Purchasing Department recommended that agreements for a term of three years be entered into with Moynahan Towing and JC Towing, as the companies best qualified to provide the required level of service; and WHEREAS, the City Council finds and determines that the RFP process was regularly and properly performed, and the City Council overrules all protests to the RFP process and to the recommended agreements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Agreements for Police Department Towing and Impound Services with Tom Moynahan and with JC Towing, Inc., respectfully, for a term beginning April 1, 2006, and ending March 31, 2009. Said agreements are on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of March, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PURCHASING TOWING CONTRACT ADMINISTRATIVE EVALUATIONS 2/14/06 Movnahan JC RoadOne Western RdelOro American Cortes Bradley Received: Addendum #1? Y Y Y Y Y Y Y Y Addendum #2? Y Y Y Y Y Y Y Y Addendum #3? Y Y Y Y Y Y Y Y Addendum #4? Y Y Y Y Y Y Y Y RFP Cover Sheet Y Y Y Y Y Y Y Y Business License? Format (failure may = rejection) Pq 4#G Separated into Tech & Price Proposal Y Y Y Y Y Y NO Y One original and 3 copies of each Y Y Y Y Y Y NO Y Site Eval: See separate document from PD Location (10 miles) (pg 14) Hours (pg 14) Equipment (pg15) Employees (pg 14) Dispatch (pg 19) Tech Eval (Pq 7) Tech section submitted Y Y Y Y Y Y NO Y Do they meet technical specs Experience, past performance References included (pg 6) Y Y Y Y Y Y Y Y Subcontractors included (pg 6) Y Y Y Y Y Y NO Y CHP form included (pg 6) Y Y Y Y Y Y NO NO Price Eval: (pq 8) Pricing submitted Y Y Y Y Y Y Y Y Conclusion: Ok Ok Ok Ok Ok Ok DISQ** Note * DISQ** This vendor disqualified for not meeting minimum administrative requirements Note* Located on same property as, and owned and operated by same owner as: JC Towing. NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: February 13, 2006 TO: Dr. Adolfo Gonzales, Chief of Police (via chain of command) IA- - FROM: Sergeant R. Bishop, Traffic Division SUBJECT: Tow Contract Inspections/Recommendations On Friday, February 3, 2006, the Request for Proposal (RFP) for tow contract bids was closed. Eight (8) tow concerns submitted proposals for the contract. The following is a list of prospective tow contractors and the locations of their vehicle storage lots: American Towing, 140 Reed Court, Chula Vista Bradley Towing, 2501 Faivre Street, Chula Vista Cortes Towing, 996 Otay Valley Road, San Diego JC Towing, 2501 Faivre Street, Chula Vista Moynahan's Towing, 3200 National .City Blvd., National City Rancho Del Oro Towing, 9063 Airway Road, San Diego & 1167 W. Palm Ave., El Cajon Road One Towing, 3333 National Ave., San Diego Western Towing, 1187 Walnut Ave., Chula Vista On February 8 and 9, 2006, Sergeant R. Bishop and A.V.A. Officer A. Vergara visited and inspected the storage lots for all of the above fisted tow concerns. Refer to the attached inspection checklists for details of the inspections. The following is a summary of the site visits: American Towing: This operator is a relatively small family operated business. They have no experience with municipal law enforcement contracts (they have been awarded a contract to serve the Chula Vista Police Department beginning in March 2006). They have no procedures in place to reconcile billing for 30-day holds. The tow concern does not adequately meet the requirements of the RFP in the following matters: no "sub -garage" tow vehicle capable of accessing the Police Department's secured parking facility (extremely important) and there is no secured area of the storage lot where evidence vehicles could be held (while potentially expensive, this could be done fairly easily and quickly). The following are areas of concern with this bidder: The company uses an answering service for after-hours calls. The answering service operator then notifies the on -duty driver of the call. In the event a driver is given a bad address or needs further assistance to locate an officer, the use of the answering service could be problematic. I attempted to call the business to notify them of my pending site visit. However, I telephoned early in the day and the answering service was unable to put me in contact with any company personnel. The business has limited office staff availability after hours. In most instances, office staff would have to be summoned from home to respond to the business for an after-hours release. In addition, the business' current office hours are substantially less than those set forth in the RFP and those of other tow concerns. Based on the site inspection, I feel that American Towing is not equipped, at this time, to meet the needs of the National City Police Department. Bradley Towing: The storage lot for Bradley Towing is located at 2501 Faivre Street in Chula Vista. This is the physical address for JC Towing, a separate bidder for this contract. The site inspection revealed that Bradley and JC Towing are owned and operated by the same individual, share a dispatch center, storage Lots, office staff and equipment. Based on the site inspection, Bradley Towing and JC Towing will be considered essentially one business. Since JC Towing is the parent company, operates the lots and offices in Chula Vista and posts the required notices, the rating for these tow concerns will be discussed later in this document under the heading "JC Towing." Based on the site inspection and the fact that this tow concern is, in essence, the same company as JC Towing, an additional bidder for this contract, Bradley Towing should be excluded for consideration from this RFP (consideration will be given to JC Towing). Cortes Towing: This tow concern is a very small family operated business. The business operates six trucks with as few as two on call during nighttime hours. Cortes Towing has no experience with municipal law enforcement contracts and is inexperienced with 30-day impound fee collection or reimbursement procedures. The storage lot for this business is located in the Otay Mesa area of San Diego. The lot is close to fourteen (14) miles from the National City Police Department. The lot is located on an un-named dirt driveway off of the main road. The driveway is poorly maintained and difficult for a normal passenger car to travel. The lot is difficult to find during daylight hours and would be extremely difficult to find during darkness. Due to the dirt driveway being un-named, computer programs such as "Mapquest" provide poor directions to the lot. The business failed to meet specifications of the RFP as follows: The company operates no "sub -garage" vehicles that could access the Police Department's secured parking facility. The business office and storage lot is not alarmed (the company is expecting to install CCTV in the near future). A single street lamp illuminates the entire lot. There is no secure area for evidence vehicle storage. Additionally, the following are areas of concern with this particular vendor: Office staffing is severely limited during after-hours operations. Primary communication for this business is cell phone. After hours, all calls are forwarded to a cellular telephone answered by a driver. In fact, when I called to notify the business of my pending site visit, the call was answered by a driver who ultimately called a business associate to respond to the storage lot prior to my arrival. There was no office staff on site during my '3 2 visit (one secretary did arrive as I was leaving). After hours access requires that a driver respond to the lot. This could require a significant wait on the part of a customer. Security, to the storage lot is lacking. The lot is surrounded by a.6' chain link fence. In the near future, part of the fence will require replacement due to -street encroachment as part of construction adjacent to the site. During the fence replacement, security could be compromised, especially with vehicle access directly next to the fenced portion of the lot. Based on this site inspection, I feel that Cortes Towing is not equipped to meet the needs of the National City Police Department. 'JC Towing: This bidder is a relatively large tow concern operating over forty trucks, twenty-two of which are new. JC Towing currently has municipal law enforcement contracts with the California Highway Patrol`(CHP), Chula Vista Police Department (CVPD) and the San Diego Police Department (SDPD). The business collects and reconciles 30-day impound fees for the SDPD and reconciles the program for the CVPD. The storage lot for this potential contractor is located in the city of Chula Vista, seven miles from the NCPD facility. The lot is located a few blocks off of Interstate 5 and is relatively easy to find. Fees for all of the contracted agencies are clearly posted. The posted officehours for the business are 0800-1700 hours. However, according to staff, the office is routinely open from 0700-2000 hours on weekdays. The business office is not alarmed, however, after hours office staff/telephone operators are on -site and have constant observations of the closed circuit television security monitors.. Since staff is on site twenty-four hours a day, customers may obtain releases at any time. This bidder has four "sub -garage" vehicles available to access the NCPD secured parking facility. If awarded this contract, the business owner will suggest placing a forklift„ supplied. by JC Towing, in the NCPD parking structure for ease in movement of evidence vehicles and other heavy. items. JC Towing has two 2-acre lots available for storage. Both lots are secured by high fencing, have adequate lighting and are monitored by a CCTV security device. One of the lots is completely paved. The second lot is dirt. The business is planning on paving the second lot in the near future. There are canopies/tents and cargo containers available for secureevidence storage. The business will secure the tent areas with chain link fencing to meet the requirements of the RFP. There are several areas on either lot to facilitate the mechanical inspection of stored vehicles. The business has set aside a paved area complete with tool access and lifts if needed. The business would also provide a mechanic to assist with these inspections if requested. In addition to the issue of vehicle storage, the business has offered the use of cargo containers for evidence storage (Le. bulk storage, search warrant temporary storage, etc.). The business would deliver, secure and move the devices as requested by the Police Department. as 3 JC Towing is extremely active in the community. They routinely donate liened crash vehicles to local fire departments, including the NCFD, for training purposes. They have established a program to allow owners of impounded vehicles to donate the vehicle directly to a local charity that JC Towing has founded, Youth Education and Sports (YES). JC Towing meets or exceeds all of the criteria set forth in the RFP and will be given favorable consideration in this process. Moynahan's Towing: This bidder is one of two current tow contractors for the City. In fact, they have held the National City tow contract since 1968. They are the only bidder with an address/storage facility within the City (one mile from the Police Department building). In addition to National City, Moynahan's Towing currently contracts with the CHP and the San Diego County Sheriff's Department/Imperial Beach station for law enforcement tows. The company has an excellent reputation for being on time, submitting reconciliations and other reports accurately and timely and, providing access to stored vehicles. Moynahan's Towing is the only bidder that currently has posted office hours from 0800- 1800 hours as specified in the RFP. All fees are clearly posted in the business office. The business operates over ten vehicles, including one "sub -garage" vehicle capable of accessing the secured Police Department parking facility. Staff is available on -site 24 hours a day, seven days a week. All incoming telephone calls are answered by office staff. The business monitors the National City Police Department radio frequencies and routinely dispatches tow vehicles prior to notification by police dispatch. The storage lot is extremely large. It is composed of a coarse, crushed rock that keeps dust to a minimum. The lot and accompanying structures are well organized and clean. A tall stucco and wrought iron decorative fence surrounds the storage lot. The yard is well lit and constantly monitored by CCTV. There are two exterior covered secure cages for long term evidence storage and one garage for short term evidentiary impounds. In addition to the garage, there is a large paved pad on the lot to facilitate vehicle inspections. Based on this site inspection and Moynahan's Towing reputation for providing quality, on time service to the Police Department, they will receive favorable consideration in this process. Rancho Del Oro Towing: This tow concern is a fairly large company based out of Del Mar. They currently contract with other law enforcement agencies in the north and east county areas. They have no experience in the collection and reconciliation of 30-day impound program fees. The closest storage facilities operated by the company are located in the Otay Mesa area (16.5 miles from NCPD) and in the city of El Cajon (15.9 miles from NCPD). Both facilities were inspected pursuant to this report. The Otay storage facility is located just north of the international border off of Interstate 905. The lot was difficult to locate initially due to a confusing numbering system in the area and signage blocking the address. Storage/impound fees were not posted at this facility. This facility has separate offices for police impounds and other storages. There was no staff manning the police impound office. Practices at the lot call for office personnel to leave the main office and staff the police impound facility only if necessary. The offices are adjacent to each other and, therefore, this is not a significant issue. After hours, a driver would have to be dispatched to respond to the lot for releases. Due to the remote location of the lot, this could result in a lengthy wait. After hours, there are usually one or two tow vehicles assigned to this lot and available for service. More vehicles are available from other yards within one hour. In the event the primary tow truck was busy, an hour response time for a police tow would be unacceptable. The company would plan on using a Ford F-450 (large pick-up) tow vehicle with dollies to access the Police Department secure parking structure. It is doubtful that a towed vehicle on dollies would be able to be placed in the Police Department facility due to the steep entry into the structure. There are no facilities for secured- evidence storage at this site and there is no paved area for vehicle inspections. The area is extremely dusty and not conducive to the exterior storage of evidentiary vehicles. The company has indicated that they could provide these facilities quickly if necessary. There was an extremely heavy volume of vehicle and pedestrian traffic in the area of this yard at the time of the site visit due to a weekly vehicle auction taking place. The El Cajon storage facility required a_great deal of non -freeway driving to get to. The business offers no off-street parking and it was difficult tofind nearby parking in the industrial area where the lot is located. Impound and storage fees were clearly posted in the business office. This storage facility had no secure areas for evidence storage. The entire lot was paved asphalt. The lot is clean and organized. Security for both storage facilities is excellent. Both lots are surrounded by 8' tall chain link fence topped with razor wire and are covered by CCTV cameras that can be monitored via internet access. Based on the site visits, I feel that Rancho Del Oro is equipped to handle the volume of tows generated by the National City Police Department and has the office staff available to accommodate our needs. However, I am concerned that this company may not have the ability, based on the limited number of trucks assigned to the Otay Mesa facility, to routinely meet the twenty minute requirement per the RFP. I am also concerned that the relative remoteness and distance of the lots from the NCPD would be problematic, particularly for evidentiary impounds requiring inspections. 3 5 Road One Towing: This bidder is one of two current tow contractors for the City. Road One is a very large tow concern operating close to two hundred tow vehicles. They currently hold tow contracts with several other law enforcement agencies. They are familiar with fee collections and reconciliations for 30-day impound programs. They have performed well in all administrative areas associated with our Serious Traffic Offender Program (STOP). Road One has, however, developed a reputation for slow and late response times when dispatched to NCPD police tows. This reputation is pervasive. It exists in every level of the Police Department and at administrative levels of City government. The Traffic Division has discussed response times many times with Road One supervisors during the past two years. Shortly after the RFP was announced, I received a telephone inquiry from a Road One supervisor. He wished to discuss dispatch issues and how Road One could improve their response times and image with the Police Department. No discussions were held due to my involvement with the RFP process. This was the first time I and, to my knowledge, the Police Department had been contacted by Road One to formally discuss this issue. Other than the issue of tardiness, Road One has served the Police Department well. Their storage facility is in close proximity to National City (3.2 miles from the NCPD building). They staff their own dispatch center and are available to provide releases at any time of the day. The business office hours are 0800-1700 hours on weekdays. Impound and storage fees are not currently posted in the business office. The storage lot meets or exceeds all RFP requirements. The business has an indoor garage with three separate cages,to provide secure short-term evidence storage. The garage is large enough to allow for the mechanical inspection of impounded vehicles. The storage lot is large and rather crowded. It is composed of crushed rock and dirt and is extremely dusty. The well -lit lot is surrounded by a tall chain link fence, is motion sensor alarmed and is monitored via CCTV. Road One will receive favorable consideration during this process. However, their reputation for tardiness when dispatched to police tows will impact Road One's overall rating and recommendation. Western Towing: This bidder is a fairly large company based on Pacific Highway north of downtown San Diego. They currently hold tow contracts with the CHP, SDPD, SDSO and the Immigration and Naturalization Service. They have experience in collecting fees and processing data for 30-day hold programs for other agencies. The closest storage yard for Western Towing is in the city of Chula Vista (5.8 miles from the NCPD building). I telephoned the corporate offices to notify the company of my pending site visit. I was told that staff would be expecting me and would make themselves available to assist me with the inspection. Upon arrival, the site manager told me that he was much "too busy" to speak with me. He assigned a driver to escort me around the property. I was able to inspect the facility, but was unable to gain any substantial insight into business operations and practices. All storage and impound fees were clearly posted outside the business office. Current office hours for this facility are 0800-1700 hours on weekdays. After hours access to office staff and/or the storage yard require scheduling an appointment with a driver who would be assigned to respond to the yard. It is unknown what the average wait time for this service would be. The number of trucks assigned to this lot varies. However, in the event a primary tow vehicle was not immediately available, another vehicle could be summoned from a nearby area. Usually, this could be accomplished within the required 20-minute time frame. The company has several "sub -garage" vehicles available to access the Police Department secured parking facility. However, the response time for these vehicles could be delayed. The storage lot meets all requirements of the RFP. The business has an indoor garage with room to house three vehicles for secured evidence storage. However, there are no barriers to separate the vehicles from each other or to keep out persons who have access to the garage. The lot has a large cement pad that could be used to facilitate the mechanical inspection of stored vehicles. The yard is relatively small compared to other bidders. However, the business has a nearby overflow storage area if the lot becomes full. The storage lot, however, is not as secure as the primary facility. It appears that Western Towing may be capable of meeting the general, if notspecific, needs of the National City Police Department. Without being able to gain better insight into their practices and procedures, I am hesitant to recommend this bidder for serious consideration.. I am also concerned about how a prospective vendor would perform once awarded a contract when he would not take the time to meet with us while attempting to secure the contract. Based on the site inspections and the knowledge that I have gained regarding these potential contractors, I recommend them in the following order (ranked from most preferred to least preferred): 1. Moynahan's Towing 2. JC Towing 3. Road One Towing 4. Western Towing 5. Rancho Del Oro Towing 6. American Towing (in my opinion, did not meet RFP criteria) 7. Cortes Towing (in my opinion, did not meet RFP criteria) 8. Bradley Towing (not seriously considered due to association with JC Towing) In addition to making recommendations regarding the tow concerns, I would like to take the opportunity to provide some input into the determination as to the number of 33 7 contractors to consider. It would be my recommendation that we continue to use two tow contractors. The use of two tow companies has allowed for an easy to use and follow calendar for scheduling. Currently, one tow contractor conducts police tows from the first through the fifteenth day of the month while the second vendor tows from the sixteenth to the last day of the month. The contractors switch positions each month. This allows for an equal number of days annually that each vendor is responsible for. Increasing to three vendors would complicate scheduling and require NCPD Dispatch to formulate a daily or weekly rotation to ensure an equitable distribution of tows. Switching tow concerns frequently creates confusion among Dispatch and Patrol Division officers. This leads to the incorrect tow company frequently being summoned, which in turn, results in complaints from the tow companies. An addition consideration would be the increased work involved in having staff review and reconcile more monthly reconciliations and quarterly reimbursements. Currently, a Police Services Officer is assigned the collateral duties of the vacant STOP Coordinator position. I feel that it would be counter productive to increase the number of reports that we review, reconcile and file while conducting the same number of tows and impounds. The increase in work would impact the Operations Assistant and Finance Department as well as the Traffic Division without increasing our revenue. I feel that this is especially important at this time due to the current fiscal restrictions and staffing shortages being suffered by the City and Police Department. Thank you for your consideration in this matter. Please do not hesitate to contact me via telephone (extension 4446) or e-mail if you have any questions or if I can be of further assistance in this matter. Randy Bishop, Sergeant National City Police Department Traffic Division (619)336-4446 rbishop@ci.national-city.ca.us 8 Prospective Contractor Business license TOW RFP INSPECTION American Towing, 140 Reed Court CV 2/8/061215 X Current in jurisdiction 24 hour phone contact O - Pager/cell/office staff, after hours answering service in cell contact w/driver 24 hour office staff for release O Office at yard (open minimally 0800-1800), currently 8:30 —5 Mon -Fri O Access to vehicle by R/O 24 hours, after hours by paging driver to return to lot O Fee schedule posted in office, limited fees posted, fees not specific bracketed X Accept credit card and cash O Cash on handfar change, office staff/mgmt. would respond after hours- Procedure in place to post reconciliations, not at this time no LE contracts/expert Invoices itemized with all charges Tow truck requirements X 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 11 trucks 1 sub -garage vehicle, no vehicle dedicated Truck equipment O 2 way radio, cell phone and pager contact with driver X 8000 lb. capacity X Dollies on each vehicle X CHP inspection certificate for each vehicle Lot requirements X` Within ten miles of City boundary, 8.3 miles from PD X Minimally 10,000 square feet, large crushed stone lot X Enclosed, 8' chain link fence X Alarmed, CCTV, electric fence, night time security guard on site X Lighting: flood lights X X 1 Paved examination area, has vehicle lift and electricity (uncovered) Drainage: no standing water Secured evidence storage, no facility to secure evid. Vehicles comments: contract with USPB, start CVPD contract Mar. 2006. small family owned ° business, no experience with municipal LE contracts/30 day hold procedures, limited office availabilityafter hours person conducting inspection: Bishop TOW RFP INSPECTION Prospective Contractor Bradley Towing, 2501 Faivre CV, 2/8/06 1100 Business license X Current in jurisdiction 24 hour phone contact X Pager/cell/office staff, staffs own dispatch center 24 hour office staff for release O Office at yard (open minimally 0800-1800), posted 8 AM-5 PM, usually 7-8 X Access to vehicle by R/O 24 hours X Fee schedule posted in office, many LE contracts, all fees for each posted X Accept credit card and cash X Cash on hand for change X Procedure in place to post reconciliations, does 30 day posting for SDPD/CVPD Invoices itemized with all charges Tow truck requirements X 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 40 total, 9 on lot, 22 new X 1 sub -garage vehicle, 4 avail. plus has offered fork lift Truck equipment X 2 way radio, Nextel and radio X 80001b. capacity X Dollies on each vehicle' X CHP inspection certificate for each vehicle Lot requirements X Within ten miles of City boundary, 7 miles from PD X Minimally 10,000 square feet, 2 two -acre lots avail. 1 comp. paved X Enclosed -- Alarmed, no alarm, CCTV on site X Lighting: flood lights O Drainage: no standing water, dirt lot had minor standing water from washing X Secured evidence storage, canopy enclosed areas and storage containers X Paved examination area, complete with tools/lifts and mechanic avail. comments: one two -acre paved lot, in process of paving second 2-acre lot. Contracts with CHP, CVPD, SDPD. Offered many services not relating to towing (evidence storage, fork Lift for evidence moving/vehicle storage/inspection in PD underground). Very community oriented• provides crash vehicles for FD extraction training, has developed program to allow unclaimed vehicles to be donated for charity (YES). person conducting inspection: Bishop Prospective Contractor 0 O X X X Business license TOW RFP INSPECTION Cortes Towine 996 Otay Valley Rd 2/8/061400 24 hour phone contact cell phone answered by driver Pa_er/cell/office staff, no office staff at site on arrival, cell answered by driver 24 hour office staff for release Office at and o'en minimal! 0800-1800 currentl 0800-1730 Access to vehicle by R/O 24 hours, driver to respond to lot Fee schedule s osted in. office Accept credit card and cash Cash on hand for change Procedure in 'lace to ' ost reconciliations, not at this time, no ex • . w/30 da .roc. Invoices itemized with all charges Tow truck requirements 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 6 trucks 1 sub-.ara_e vehicle, none Truck e i ui a went 2 way radio, primary comm. is cell phone 8000 lb.:ca . aci Dollies on each vehicle CHP inspection certificate for each vehicle Lot r uirements Within ten miles of Ci boon. Minimall 10,000 s• uare feet, small crushed stone lot Enclosed, 6' chain link, must move one fence due to street encroachment Alarmed, scheduled to install CCTV soon Li: tin:: flood li_ ts, one street lit on lot Drain:e: no standin. water , lot. is 13. 8 miles from PD hard to find Secured evidence stor.:e, no secure facilit Paved examination area, none, could use tow truck mint. area comments: small fanril owned business stora a lot not ve secure no securit and no one to monitor after,ho lot is difficult to locate on oor in roads uite a dr've from :NC waits for after hours office service could be extreme no ex erience with 30 da hold protocol no truck to access underground person conducting inspection: Bisho TOW RFP INSPECTION Prospective Contractor JC Towing, 2501 Faivre CV, 2/8/06 1100 Business license X Current in jurisdiction 24 hour phone contact X Pager/cell/office staff, staffs own dispatch center 24 hour office staff for release O Office at yard (open minimally 0800-1800), posted 8 AM-5 PM, usually 7-8 X Access to vehicle by R/O 24 hours X Fee schedule posted in office, many LE contracts, all fees for each posted • X Accept credit card and cash X Cash on hand for change X Procedure in place to post reconciliations, does 30 day posting for SDPD/CVPD Invoices itemized with all charges Tow truck requirements X 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 40 total, 9 on lot, 22 new X 1 sub -garage vehicle, 4 avail. plus has offered fork lift Truck equipment X 2 way radio, Nextel and radio X 8000 lb. capacity X Dollies on each vehicle X CHP inspection certificate for each vehicle Lot requirements X Within ten miles of City boundary, 7 miles from PD X Minimally 10,000 square feet, 2 two -acre lots avail. 1 comp. paved X Enclosed -- Alarmed, no alarm, CCTV on site X Lighting: flood lights O Drainage: no standing water, dirt lot had minor standing water from washing X Secured evidence storage, canopy enclosed areas and storage containers X Paved examination area, complete with tools/lifts and mechanic avail. comments: one two -acre paved lot, in process of paving second 2-acre lot. Contracts with CHP, CVPD SDPD. Offered many services not relating to towing (evidence storage, fork lift for evidence moving/vehicle storage/inspection in PD underground). Very community oriented: provides crash vehicles for FD extraction training, has developed program to allow unclaimed vehicles to be donated for charity (YES). person conducting inspection: Bishop �� 2 TOW RFP INSPECTION Prospective Contractor Moynahan's Towing, 3200 NCB, 2/8/061530 X X X X X X X X X X X X X X X X. X X X X X X Business license Current in jurisdiction 24 hour phone contact Pager/cell/office staff, phone answered by office staff 24 hrs. 24 hour office staff for release Office at yard (open minimally 0800-1800), only bidder cur. open 8-6 Access to vehicle by R/O 24 hours Fee schedule posted in office; all fees posted for police and private Accept credit card and cash Cash on hand for change Procedure in place to post reconciliations, current vendor, posts 2X per month Invoices itemized with all charges Tow truck requirements 3 w/dual rear wheels and GVWR in excess of 14,500 lbs., 9 trucks 1 sub -garage vehicle Truck equipment 2 way radio 8000 ib. Capacity Dollies on each vehicle CHP inspection certificaje for each vehicle Lot requirements Within ten miles of City boundary, within city limits 1 mile from PD Minimally 10,000 square feet, clean crushed rock Enclosed, stucco cement/wrought iron fence Alarmed, CCTV with staff on site 24 hrs Lighting: flood lights, well lit Drainage: no standing water Secured evidence storage, 2 covered cages and 1 inside garage area Paved examination area, 1 indoor and paved area outside comments: only bidder within city limits, has been PD tow contractor since 1968, contracts with CHP and IBSO, excellent reputation for being on time person conducting inspection: Bishop 1313 TOW RFP INSPECTION Prospective Contractor Rancho Del Oro, 9063 Airway SD/1167 W. Palm EC, 2/8-9/06 1015/0930 B Business license, business office in Del Mar, serves prim. N and E county X Current in jurisdiction, closest lots in Otay and El Cajon 2 24 hour phone contact X Pager/cell/office staff, staffs own dispatch center 24 hours 24 hour office staff for release O Office at yard (open minimally 0800-1800), currently 8-5 O Access to vehicle by R/O 24 hours, driver dispatched after hours O Fee schedule posted in office, at Otay minimal fees posted daily only, EC was OK X Accept credit card and cash X Cash on hand for change O Procedure in place to post reconciliations, currently does CHP, does not coll. fees Invoices itemized with all charges Tow truck requirements - 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 1-2 at Otay, more w/in one hour O 1 sub -garage vehicle, F-450 w/ dollies Truck equipment X 2 way radio X 80001b. capacity X Dollies on each vehicle X CHP inspection certificate for each vehicle Lot requirements O Within ten miles of City boundary, Otay 16.5 miles from PD, EC 15.9 miles X Minimally 10,000 square feet, Otay crush rock/dusty, EC paved X Enclosed, Otay adjacent to large private lot, heavy ped. trf, hi fence w/ razorwire X Alarmed, CCTV with web access O Lighting: flood lights, Otay minimal, EC was OK X Drainage: no standing water, Otay had prob. may again w/ rain, EC was good -- Secured evidence storage, none promise to build immed. if award. contract -- Paved examination area, same as above comments: both Lots are a considerable distance from PD, EC had no nearby parking during normal hours, Otay has heavy traffic and is very dusty, not condusive to evidence storage, neither lot has secured evidence storage area, Otay lot is just north of border crossing_and not easy to locate, EC is not viable due to traffic patterns person conducting inspection: Bishop TOW RFP INSPECTION Prospective Contractor Road One, 3333 National Ave. SD, 2/8/06 1430 B Business license X Current in jurisdiction 24 hour phone contact X Pager/cell/office staff, staff own dispatch center 2 24 hour office staff for release 0 Office at yard (open minimally 0800-1800),currently 8-5 M-F, 10-3 Sat. X Access to vehicle .by R/O 24 hours, driver dispatched after hours X X X X X X X X X X X X X X X X X ree schedule posted in office, no fees currently posted at yard office Accept credit card and cash Cash on hand for change Procedure in place to post reconciliations, current vendor post 2X per month Invoices itemized with all charges Tow truck requirements 3 w/ dual rear wheels and GV WR in excess of 14,500 lbs. 1 sub -garage vehicle Truck equipment 2 way radio, Nextel and pager as well 80001b. capacity Dollies on -each vehicle CHP inspection certificate for each vehicle Lot requirements Within ten miles of City boundary, yard 3.2 miles from PD Minimally 10,000 square feet, large (very full) crushed rock yard Enclosed, 8' fence with concertina Alarmed, CCTV with 24 hr. retrieval, motion sensor, for lot and bldg. Lighting: flood lights, 6+ Drainage: no standing water Secured evidence storage, interior garage cages Paved examination area, inside garage area comments: current tow contractor, meets criteria in RFP with exception of posted office hours and posted tow fees, has developed a. reputation for routine lateness for xpolice tows person conducting inspection: Bishop 31S TOW RFP INSPECTION Prospective Contractor Western Towing, 1187 Walnut CV, 2/8/06 1150 B Business license X Current in jurisdiction, large contractor, main office on Pac. Highway SD X 24 hour phone contact, own dispatch center O Pager/cell/office staff, office staff "too busy" to assist/answer questions 2 24 hour office staff for release O Office at yard (open minimally 0800-1800), currently 8-5 -- Access to vehicle by R/O 24 hours, by appoint only after hours w/ driver X Fee schedule posted in office, many contracts, all fees posted X Accept credit card and cash X Cash on hand for change X Procedure in place to post reconciliations, currently does 30 day holds for others I Invoices itemized with all charges T Tow truck requirements X 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs. Unk. How many at this lot other trucks avail. w/in short wait O 1 sub -garage vehicle, several avail. but may require delayed resp. time T Truck equipment O 2 way radio, Nextel X 8000 lb. capacity X Dollies on each vehicle X CHP inspection certificate for each vehicle Lot requirements X Within ten miles of City boundary, 5.8 miles from PD X Minimally 10,000 square feet, small crowded lot, has nearby overflow lot X Enclosed, tall fences block/chain link X Alarmed, office and garage only, CCTV X Lighting: flood lights X Drainage: no standing water X Secured evidence storage, garage can hold 3 cars, no physical separation inside X Paved examination area, inside or on pad, crushed rock lot commefits: may have limited number of trucks on hand at this lot, however can dispatch w/in 20 minutes from other areas if necessary, can offer "collision wrap" for evidence vehicles held for lengthy periods, has tow contracts with CHP, SDPD, SDSO, INS, office/lot manager would not make himself available to answer questions or assist with lot inspection person conducting inspection: Bishop PURCHASING TOWING CONTRACT PRICE COMPARISONS 2/20/2006 FINAL** Movn. JC Road 1 Western RdelOro Amer. Cortes Bradley FEE SCHEDULE BASIC TOWING. Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). $135 $135 $150 $135 $130 $50 $145 $125 $150 MEDIUM SIZE - BASIC TOWING. Includes first hour hookup, labor, standby time, for vehicles over 9,500 GVW but Tess than 22,000 $150 $150 $180 $150 $140 $50 $185 $125 $180 LARGE SIZE - BASIC TOWING. includes first hour hookup, labor, standby time, for vehicles over 22,000 GVW (unloaded $200 $200 $210 $180 $150 $50' $250 $100 $210 ON -SCENE or Stand-by labor = each 15-minute increment, beyond first hour. Is charged only when extra ordinary labor must be expended to recover a vehicle. Stand-by is charged when the job cannot be started and must be explained on the tow bill. $35 $40 $25/ qtr hr $15 $20 ?? $20 $30 $25 DOLLIES. Will only be used when there is not a less expensive, safe manner of handling the situation. $50 $50 $50 - $40 $45 ?? $50 $40 $50 DRY RUN. May also be known as a "hook-up — drop fee" and is charged when the vehicle is hooked up and the owner returns before the vehicle is in transit. $60 $50 $70 $60 $65 NC?? $25 $70 $70 PER MILE TOWING. Applies only to vehicles recovered outside the jurisdiction of the city of National City $5 $4 $5 $4 $3 ?? $5 after 5 mi $5 $5 MAXIMUM STORAGE - PER DAY. Per day is defined as a 24-hour period. $35 $35 $20 $20 $20 $20 $20 $20 $20 STORAGE PER HOUR. Up to maximum of $35.00 per day. $5 ?? $5 $5 $5 ?? $5 $10 first hr, $1/hr after $5 AFTER HOURS VEHICLE RELEASE. After 6PM and before 8AM including weekends and all holidays. $50 $65 $40 $40 $65 NC?? $73 $75 $40 NOTIFICATION OF LIEN SALE. Vehicle valued at less than $4.000, (22851.12 CVC). $70 $70 $70 $70 $70 35?? $35 $50 $70 NOTIFICATION OF LIEN SALE. Vehicle valued at over $4,000. (22851.12 CVC). $100 $100 $100 $100 $100 $50 $70 $100 $100 POLICE EQUIPMENT TOWING. Inside jurisdictional limits of National City NC NC NC NC NC ?? NC NC NC CITY EQUIPMENT TOWING. Includes all City vehicles. Also includes police vehicles towed from outside juridictional limits of National City $50 $65 ?? $50 $50 plus storage ?? $45-$200 $50 ?? NEGLIGENT VEHICLE IMPOUND RELEASE FEE $55 $55 $53 $55 $55 $150 ?? $55 $53 SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150 $150 $150 $150 $150 $150 ?? $150 $150 **FINAL: Final negotiated rates to which both recommended vendors agreed. Contracts with both vendors will charge the same rates CI Purchasing BID ANALYSIS / VENDOR RANKING 2/20/2006 Final Vendor Location Ranking 1 Moynahan Towing National City 1 2 JC Towing Chula Vista 2 3 Road One Towing San Diego 3 4 Western Towing San Diego 4 5 Rancho del Oro Co. Del Mar 5 6 American Towing Chula Vista 6 7 Cortes Towing San Diego 7 8 Bradley Towing San Diego 8 9 R & S Towing Lemon Grove Retumed 10 Brother's Towing National City No Bid 11 Allied Gardens Towing San Diego 'No Response 12 Associated Towing San Diego No Response 13 C & D Towing La Mesa No Response 14 Sunset Towing National City No Response 15 Two -Bit Towing Chula Vista No Response LUCE FORWARD ATTORNEYS AT LAW • FOUNDED1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP ROBERT L. YOUNG, PARTNER DIRECT DIAL NUMBER 619.699.2471 DIRECT FAx NUMBER 619.645.5321 EMAIL ADDRESS ryoung@luce.com March 1, 2006 VIA E-MAIL AND U.S. MAIL Brenda E. Hodges, C.P.M. Purchasing Division, City of National City 2100 Hoover Avenue National City, CA 91950 600 West Broadway Suite 2600 San Diego, CA 92101 619.236.1414 619.232.8311 fax www.luce.com Re: Protest of Award — RFP # GS0506-5 Dear Ms. Hodges: We represent A to Z Enterprises, Inc. ("RoadOne"). RoadOne was a bidder in response to the City of National City's Request for Proposal ("RFP") #GS0506-5. RoadOne hereby formally protests -your intention, as stated in your letter of February 17, 2006, to recommend that the City Council "award the new contract to... Moynahan's Towing and JC Towing, Inc." (the "Proposed Companies"). This Protest is based upon the facts, evidence and law presently known to us. However, our investigation is ongoing. RoadOne reserves the right to supplement this Protest as further information becomes available. Most important to the City Council and to the citizens of National City, RoadOne's Proposal will result in substantially more revenue to the City than the Proposed Companies will provide. The revenue loss to the City of National City, and its citizens, were it to choose either of the two Proposed Companies over RoadOne exceeds $200,000over :the life of the Contract. Given the significant fmancial.benefit to the City in the RoadOne Proposal, it is clear that pricing was not weighted in the evaluation process as expressly required by the RFP. Indeed, it appears that evaluation: consisted almost entirely of flawed and inaccurate site inspections. Many material errors were made in the bid evaluation process. Paragraph 6 of the RFP required that the Proposed Companies' bids "be in full conformance with the terms and conditions set forth therein. They were not. Paragraph 6 of the RFP required that the Proposed Companies "meet all specification requirements." They did not. The Proposed Companies were further -obliged to "satisfy and explicitly respond to all the Specific Provisions and Specifications" including detailed explanations. (RFP, Part P, Technical Evaluation (emphasis added).) The Proposed Companies failed to comply. CARMEL VALLEY/DEL MAR • Los ANGELES • SAN DIEGO • SAN FRANCISCO LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Brenda E. Hodges, C.P.M. Purchasing Division, City of National City March 1, 2006 Page 2 RoadOne's protest is set forth more fully in the Addendum submitted herewith and incorporated herein by reference. Not only does the RFP "evaluation" make no economic sense for the City, it violates RoadOne's due process rights by failing to follow the RFP and by the errors made in that process. Specific and material grounds compel the rejection of the bids by Moynahan's Towing and J.C. Towing as well as the acceptance of RoadOne's bid. RoadOne looks forward to a full and fair investigation of these allegations before any recommendation is submitted to the City Council. Please contact me as soon as possible to discuss this matter. Very truly yours, Robert L. Young of LUCE, FORWARD, HAMILTON & SCRIPPS LLP RLY/dc RFP PROTEST ADDENDUM RoadOne alleges the following: 1. Money Lost to the City: Proposed Referral Fees were not considered in the review process. RoadOne offered three times the financial benefit as did the Proposed Companies. How can City staff justify refusing more than $200,000 in revenue to the City for the same service? 2. RoadOne's Rates Were Lower; Proposals Were Improperly Changed After Bid: The submitted Rates by RoadOne were lower (more favorable to the public) than those of JC Towing or Moynahan's. These Rates were not considered and, worse, have been allowed to be changed after the Proposals were submitted, in violation of the _RFP. The RFP, Section 1, Background Scope of Work and Objective, V `Basis of Award,' required that rates were to be given a greater weight in Proposal evaluation than technical issues. 3. JC Towing Equipment Unavailable to the City: Sgt. Bishop's evaluation notes that JC Towing has 22 new trucks. However, an `extensive administrative review and site evaluation' should have revealed that these trucks are exclusively dedicated to SANDAG for FSP work (Monday-thru-Friday for 9 hours g day). None of these trucks would be available for National City. 4. JC Towing Failed to Comply with the RFP Concerning CHP Documentation: JC Towing failed to supply the City with California Highway Patrol ("CHP") Truck Inspection Forms as required by the RFP Section I, D Trucks. JC Towing claimed that the trucks were 'new' and inspections were pending. However, any investigation should prove that these trucks entered service nearly a year ago, in July 2005. 5. Movnahan's Proposal Completely Non -Responsive to the RFP: Moynahan's Proposal was non -responsive to the RFP. It did not comply with RFP Section I, Background Scope and Objective, K 1 b., Technical Proposal (yes or no insufficient). Moynahan's was required to describe in detail how the proposed products and or services meet or exceed the -stated Specific Provision and Specifications. This, it failed to do. In addition, Moynahan's technical proposals section fails to even identify how its trucks meet the stated minimum requirements. The inference is clear: Moynahan's does not now have the required equipment to do the job. 6. Movnahan's Proposal Contains Overcharges and Omits Required Fees: Moynahan's Proposal exceeds the maximum allowed daily storage rate (Moynahan's Price "Proposal). This allowable storage rate was set in the City's Addendum 4 at $20.00 per day. Moynahan's also failed to submit a bid on the hourly storage fee. G 5 7. Neither JC Towing nor Moynahan's are in Compliance with California Lien Sale Law: Both JC Towing and Moynahan's claim to comply with RFP requirement Section I, G — and lien sale law -- as it pertains to remittance to the State for any excess monies received through a lien sale of a vehicle. However, it is clear that the evaluation process did not follow-up on this point. A routine check with the Department of Motor Vehicles will confirm payments — or a complete lack of same — to the State. RoadOne does follow the law in this regard and is one of the larger remitters to the State. 8. There is Bias Apparent in the Evaluation by Sgt. Bishop: a. In its Proposal, Moynahan's concedes that it has only six trucks. Yet, incomprehensibly, Sgt. Bishop credits them with operating "over ten trucks." b. Sgt. Bishop's evaluation describes Moynahan's yard as `extremely large' and RoadOne's as `large.' However, in fact, RoadOne's lot is three times the size of Moynahan's. c. Sgt. Bishop states that JC Towing's yard is 'easy to find' but is silent regarding RoadOne's yard which is both far easier to find (it is located on a main road) and is twice as close. d. Although the site evaluation clearly indicates JC Towing lacks the required yard fencing for `secure evidence storage,' Sgt. Bishop nevertheless checks this requirement as `satisfied.' e. Although the surface of both the RoadOne and Moynahan's yards is identical (crushed rock), Sgt. Bishop evaluates Moynahan's yard as `keeps dust to a minimum' but RoadOne's as `extremely dusty'. f. Sgt. Bishop's characterization of a "telephone inquiry from RoadOne supervisor" is false. In fact, RoadOne has telephoned to report NCPD mishandling of a tow call. An NCPD dispatcher had directed RoadOne to the wrong location. g. Sgt. Bishop incorrectly claims that RoadOne has been contacted 'many times' over the last two years by NCPD traffic division. This has not occurred. Further, a true review of tow call response times will show that RoadOne's record meets or beats its competition. h. Sgt. Bishop makes a large point of asserting that JC Towing is `active in the community.' This is not part of the evaluation criteria called for by the RFP. However, RoadOne's key officers have been very active in the community. Tellingly, while Sgt. Bishop boasts that Moynahan's has towed since 1968, he fails to mention that RoadOne has been towing in this community since 1949. ee-k LUCE FORWARD ATTORNEYS AT LAW • FOUNDED1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP ROBERT L. YOUNG, PARTNER DIRECT DIAL NUMBER 619.699.2471 DIRECT FAX NUMBER 619.645.5321 EMAIL ADDRESS ryoung@lucR.com March 9, 2006 VIA E-MAIL and U.S. Mail Brenda E. Hodges, C.P.M. Purchasing Division, City of National City 2100 Hoover Avenue National City, CA 91950 Re: Protest of Award — RFP # GS0506-5 Supplemental Information 600 West Broadway Suite 2600 San Diego, CA 92101 619.236.1414 619.232.8311 fax www.luce.corn Dear Ms. Hodges: Thank you for your email response to Mr. Ramsey of March 3, 2006. We are pleased that City Staff is considering Road One's formal Protest of Award dated March 1, 2006. Put simply, we cannot envision how National City could go forward on this Award with such egregious, widespread and obvious bias and failures to follow the Request for Proposal ("RFP") written guidelines. Obviously, the Protest of Award materials previously submitted are more than adequate to compel either: (a) an award to Road One; or (b) a new RFP. However, it is important to note that as Road One looks further into the RFP, the Proposals submitted and the "evaluation" thereof, firther questions and concerns are raised. R The objective of the RFP is clearly set forth in RFP Section I.D: The goal was (and is) to obtain "the bestoverall value to -the city"(emphasis added). Regrettably, owing to a very flawed and biased process, if not corrected, the outcome will be in the best interest of the tow companies and provide no additional benefit to the City or to the public it is pledged to serve. The RFP set an evaluation process that was not followed. The RFP required the Technical and ' 0 • Price Proposals to be evaluated independently and that the -Price Proposal would carry greater importance: "Technical ranking of proposals will be combined with the corresponding price ranking to determine the final ranking for each proposal. Price will have treater weight than technical merit (Section I; V. Basis of Award) (emphasis added). CARMEI. VALLEY/DEL MAR • LOS ANGELES • SAN DIEGO • SAN FRANCISCO It. LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Brenda E. Hodges, C.P.M. March 9, 2006 Page 2 The Price Proposal was not evaluated and was not weighted. When asked by Road One where and how the Price Proposal was scored, you, as the Purchasing Agent stated that it was not considered as the two recommended contractors had been selected from the site evaluations and a new standard public rate schedule was negotiated. Using the site inspections as the sole evaluation criteria to rank the contractors violates the order of Evaluation Criteria set forth in the RFP. In fact the RFP states, site inspections are the least important of the evaluation criteria: The criteria that will be used by the Purchasing Agent for the technical evaluation of proposals for this procurement are listed below in decreasing order of importance: 1. Meeting the Specific Provisions and Technical Specifications. 2. Proposer's Experience and Past Performance. 3. Inspection "(Section I, P, pg 7). When asked how Moynahan's storage rate, which exceeded the maximum allowed by the RFP1 was treated, you stated that you had not evaluated the Price Proposals and that would have been addressed by the NCPD's Representative. When Sgt. Bishop was asked about the same issues he responded that he could not answer as this issue was not within his area and referred Road One back to the Purchasing Agent. At best, this mutual finger pointing demonstrates a complete breakdown in the evaluation process. RoadOne proposed a Referral Fee (the amount paid to the City by the tow company) significantly higher than the minimum as stated in the RFP as part of its Price Submittal. Disturbingly, this amount was not considered in the evaluation process. The Purchasing Agent stated that the City did not anticipate a Referral Fee to be proposed by the Tow Companies. The Price Proposal (the title itself implies that the bidding companies are expected to propose the amounts) includes as the first item to be addressed: "Referral Fees". This unequivocally indicates that a proposed referral fee is expected and, further, that the amount must meet or exceed the stated minimum. RoadOne, as a part of the process, submitted questions to the Purchasing Agent as provided for in the RFP to seek clarification of the RFP. A copy of the questions submitted is attached hereto as part of the RoadOne Protest Addendum and incorporated herein by reference. RoadOne's first question addressed the issue of a proposed Referral Fee in detail. The Purchasing Agent failed to adequately respond to this question if, in fact, referral fee bids were not to be considered. This position is clearly contrary to the best interests of the City and will result — if uncorrected -- in the loss of over $200,000 of revenue to the City over the life of this contract. 1 Question: "should this be interpreted to imply that the city intends to establish the "maximum storage per day" rate at $20.00? Answer: "Yes, $20.00 per day." RFP Addendum 4, Exhibit B. LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Brenda E. Hodges, C.P.M. March 9, 2006 Page 3 An Addendum to the RFP states that a professional consultant established the City's cost and what the Referral Fee should be. The staff recommendation includes a Referral Fee that reflects a zero increase from the old Referral Fee. The Staffs position would mean there has been no increase for over five years. Where is the report or consultant to confirm this? Why would City Staff set a Referral Fee much below that of other cities, especially given the City's current financial situation (looking at cutting services and requesting a tax increase from the public)? Absent the corrective action demanded by RoadOne, this process is will result in (a) giving the chosen tow companies significant increases in revenue; (b) costing the public more money; and (c) no additional benefit whatsoever to the City. 13 The Technical Proposal was neither reviewed nor properly evaluated to determine compliance and responsiveness to the RFP. When asked by RoadOne, again, the Purchasing Agent deferred to Sgt. Bishop to explain how Moynahan's woefully inadequate Technical Proposal could be deemed "responsive". The RFP states that "the Purchasing Agent shall determine which Proposer's have met the requirements of the RFP. Failure to comply with any mandatory requirement will normally disqualify a proposal"(Section I, O. Pg.7) (emphasis added). The RFP required detailed responses tg sections of the RFP. "Contractors shall provide responses to each paragraph in the same order as the RFP citing the headingand then their response. Simple "Yes", "No", or "Comply" responses to stated Specific Provisions and Specifications are insufficient. Rather, the contractor must describe in detail how the proposed products and/or services meet or exceed the stated Specific Provisions and Specifications" (Section I, K.b. (emphasis added).) Moynahan's Technical Proposal is not responsive to this requirement. Instead it simply affirmed many sections in one or two sentence responses. As another example; Monahan's proposal fails to meet the RFP requirements in Section I, C Storage Yards that requires the `exact size of the yard' be in the proposal. The `Towing Contract Administrative Evaluations' score sheet (included in the City Council packets) clearly reflects that two line items under Technical Evaluation were not scored: (1) "Do They Meet Technical Specifications"; and (2) "Experience, Past Performance". Had these areas received the required attention some of the problems with this process could have been avoided. This same sheet claims that Moynahan's returned all documents and adendums as required by the RFP. Not true. Moynahan's proposal omitted Addendums 1, 2 and 4. The `Towing Contract Administrative Evaluations' score sheet claims that JC Towing's CHP 234 Forms were all included as required. Again, not true. C.� I5. LUCE FORWARD ATTORNEYS AT LAW - FOUNDED1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Brenda E. Hodges, C.P.M. March 9, 2006 Page 4 The Site Inspections were not performed in either a consistent or an objective manner. The recommendations are not supported by the findings of the inspections. RoadOne is gravely concerned with several of the erroneous statements found in Sgt. Bishop's site inspections. As one example, Sgt. Bishop claims that RoadOne had failed to post rates, impound fees and business hours in its business office. Not true. The fees are posted in the customer area, an area he chose not to inspect during the mere fifteen minutes he was at this location. Rates and business hours are posted as they have been for many years. This has never been an issue. We would be pleased to provide declarations to this effect from non-parties if Sgt. Bishop continues to claim this as an issue. Sgt. Bishop never asked to see the posted rates or business hours. Obviously, it is RoadOne's current business hours that are posted (and not the adjusted hours that would be required at the start of any new contract). It is unreasonable to evaluate companies on posting of business hours with regard to the proposed new requirements; yet Sgt. Bishop repeatedly and misguidedly addresses this issue. As indicated in our Proposal, RoadOne stands ready to staff and operate the business hours as required in the RFP. b Sgt. Bishop further claims that RoadOne has one subgarage truck. This, also, is not true. As stated in our Proposal, RoadOne has three. The above information — together with the originally submitted Protest materials -- proves a pattern and practice of biased and erroneous evaluations. But, it does not stop there. It seems that references that were required to be submitted were not even contacted. Sgt. Bishop conjectures on the response time of RoadOne but has absolutely no information as to the common response time of JC Towing. RoadOne has confirmed with the contact officer at SDPD that neither National City Staff nor Sgt. Bishop contracted SDPD to learn of their experience with JC Towing. As noted in our Protest letter, for some reason City Staff goes to considerable effort to address the community involvement of JC Towing even though this is not a factor in the award criteria. RoadOne would like the City to be aware of our long, and extensive, record of community involvement including: • Providing a van to NCPD for special operations. • Hosting K-9 training for NCPD and many other agencies in our yards. • Providing a vehicle for NCPD prostitution enforcement. • Hosting regular training exercises for NCFD and other agencies. • Providing vehicles to multi -agency operations such as DRAGNET and RATT. • Supporting local groups for many years such as USIAA and National City youth. GES LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Brenda E. Hodges, C.P.M. March 9, 2006 Page 5 RoadOne's Proposal offered the City the best financial terms of any of the bidding companies. For years, RoadOne has worked in our county, very successfully, with local and statewide agencies. A fair, and unbiased, evaluation of the competing proposals that complies with due process requirements and the RFP will reveal the same. We look forward to hearing from you well in advance of the scheduled March 21, 2006 City Council Meeting. Robert L. Young of LUCE, FORWARD, HAMILTON & SCRIPPS LLP Encls. Ec\ ROADONE PROTEST ADDENDUM "QUESTIONS: RFP #GS0506-5" 1) Re: RFP Section IV Pricing Submittal (page 21) As stated within the RFP "Price" will have the greatest weight in determining the award of this contract. d p. G „*0r.., This approach is likely to create several potential problems in order to avoid these issues and maintain a fair and effective process it is critical to establish the Rate Schedule. If the Rate Schedule is not set please address the following: For example which would receive higher ranking; a proposal with a $100.00 Tow and a $50.00 Referral Fee or a proposal with a $300.00 Tow and a $150.00 Referral Fee? Either bidder if not selected could argue the position their offer was better and was open to be adjusted the direction the City preferred. Will the City allow two or three different Rate structures be charged to the public for the same services. With each bidder submitting their own Rate Schedule there will not be "Standard" Rates and the amount charged to the public will vary depending on which contractor is called. Will the City attempt to standardize the Rate Schedule? If the submitted Rate Schedule is modified will there be a corresponding adjustment to the proposed Referral Fee? Setting the Tow Schedule addresses all the problems above, allows for an apple to apples comparison and will better result in an outcome that can withstand reasonable challenges to the City's actions. A standardized rate schedule will also be beneficial in accommodating any annual increases. 2) Re: RFP Section II General Requirements B Insurance and Bonds vi Performance Bond (page 12) The RFP requires a $500,000.00 performance bond which is not in line with industry standards. Given the history of this contract and the difficulty in collecting on such a bond the City may wish to eliminate this requirement. If not please consider and/or address the following: The annual cost of this bond could reach $20,000.00. Why would the City want this revenue going to a bond company when the contractor could include this in the Referral Fee portion of the cost of doing business? This bond will be difficult to qualify for and may be determined to be unreasonably restrictive and leave the process subject to challenge. ��D Given the volume towing and the exposure to the City a bond requirement of $25,000.00 would be more in line. Will the City eliminate or reduce this requirement? 3) Re: RFP Section III Specific Provisions P Clearance of Liens (page 19) Currently the tow contractors do not have the means to check outstanding parking liens. This requirement will necessitate the development of a new process; does the City anticipate checking parking liens for the contractors? How will this impact after hour and weekend releases? Will a vehicle be held for parking liens from other cities? This entire process may be in violation of California Vehicle Code section 22651(i) as only qualified vehicles may be held. Please describe how a legal lien sale can be conducted as to include amounts for parking liens. Is it intended to include parking liens from other cities and jurisdictions? How will the contractor determine the amount of parking liens? This process appears to be precluded by California Civil Code and California Vehicle Code and therefore may be unlawful. California Vehicle Code specifically allows for such a process only as provided in section 22651 (i)5 which does not apply in this case. 4) Re: RFP Section I Background, Scope of Work and Objective B. Definitions 30- Day Impound Fee (page 2) The 30-Day Impound Fee is defined and appears to be a fee paid for by the contractor but is not further addressed as a required fee to be bid. Will the fee remain at 15% of the amount collected for storage on released vehicles? All bidders should be better informed that this is an additional cost of doing business which should be factored in their bids. 5) -Re: RFP Section I Background, Scope of Work and Objective K. Two Volume Proposals 1.b. The Technical Proposal (page 5) And: RFP Section I Background, Scope of Work and Objective P. Technical Evaluation (page 7) The RFP refers to "Specific Provisions and Specifications" and later to "Specific Provisions and Technical Specifications". After reviewing the RFP a section for Specifications and/or Technical Specification can not be located. Is it intended the RFP section "Specific Provisions" satisfies all requirements listed above? E �1 ,' ito.niegoN r.$100 .etttler in. TOwing May 1, 2006 City of National City General Services Department Purchasing Division Attn: Brenda E. Hodges, C.P.M. 2100 Hoover Avenue National City, CA 91950-6530 Sent via Email Letter of Dispute RE: Bid #GS0506-5 Dear Ms. Hodges, Thank you for your time yesterday. Rancho Del Oro Towing (RDO) is respectfully protesting the City of National City's Memorandum and Recommendations concerning Bid No. GS0506-5.Our arguments and comments are outlined below: Memorandum RDO Paragraph 1: • Correction: In addition to RDO's current Law Enforcement Contracts in North and East County areas (Carlsbad PD, El Cajon PD, La Mesa PD, Encinitas Sheriff, San Marcos. Sheriff, Vista Sheriff, CHP Oceanside, CHP El Cajon), we currently provide towing services to Law Enforcementin South County (CHP San Diego). • Correction: RDO has experience in the collection and reconciliation of impound program fees for the El Cajon PD, Encinitas Sheriff, San Marcos Sheriff, and Vista Sheriff Offices. • Correction: The RFP states the "There shall be a minimum of one (1) vehicle storage yard within ten (10) miles of the boundary of the City of National:City", it does not say that this distance is calculated from NCPD offices and it does not say that this distance is to be defined as "driving distance". With over 10 years experience working with numerous City's and agencies, this distance is calculated based on the most direct route unless otherwise specified. Both of our facilities are within 10 miles based on the most direct route. (Attachment A). 1 l2. 13, Memorandum RDO Paragraph 2: 4 • Clarification: The Otay storage facility is located 100 yards off the 905 freeway. There are multiple clearly displayed signs in white with dark red writing at the entrance of the facility. The largest of which is 8 feet wide X 4 feet high. 5 9, • Correction: Storage/impound fees are posted at this facility as per the CHP Tow Service Agreement and the Califomia Vehicle Code. This sign is posted directly to the right of the release window. • Correction: Due to our two -shift staffing, which has a complete shift change daily at 6:00am and 6:00pm; there are always drivers at the facility. There should not be a wait for a release unless these employees are unloading vehicles. Nonetheless the wait will not be lengthy. • Note: Upon approval, RDO will reassign qualified personnel, dedicated to the Otay facility offices. Memorandum RDO Paragraph 3: • Correction: There have been two tow trucks at this facility in order to service the area CHP calls. Due to the short implementation timeframe, RDO has prepared additional tow trucks and hired additional drivers in preparation for this contract. We have the employees and resources to begin working for the City of National City Police Department immediately. • Clarification: RDO's trained professionals will make an assessment whether one of our Ford F-450 wheel -lift tow trucks will be able to access the Police Department's secure parking structure. Should this prove to be impractical, we have two repossession recovery vehicles that will be able to remove vehicles from the parking structure. • Note: RDO is willing to pay our portion of the costs of a forklift provided by the contracted towing companies to assist with the removal of vehicles from the parking structure. Memorandum RDO Paragraph 4: . • Correction: There is a 40 foot cargo container at the Otay site that can be used for secured storage. • Note: One of the selected contractors did not have a secured evidence hold area at the time of the inspection. Like RDO, this was going to be provided upon award of the contract whereby creating an inconsistency in the approval process. Memorandum RDO Paragraph 5: • Correction: The El Cajon facility is approximately 500 yards from the nearest freeway exit (Main St. off the 8 Freeway). There is also the El Cajon Trolley Station and Bus Station directly across the street from our impound facility, providing ample public transport options. 2 !+, 15. Rt. • Correction: There are two off-street parking spaces located at 1167 W. Palm Avenue. In addition to the available public parking lot adjacent to the Trolley Station, there is traditionally ample parking on the street. We have not had complaints regarding the availability of parking from our customers and the City of El Cajon Planning Department agrees that we have satisfied this requirement. Memorandum RDO Paragraph 8: • Correction: RDO has prepared additional tow trucks and personnel to begin service of this contract immediately. • Correction: RDO routinely meets and exceeds twenty minute response times for every Law Enforcement Agency we work with. We dedicate teams of drivers to service Law Enforcement tows exclusively, resulting in the best arrival times in the County. Below is a list of our average arrival times for Law Enforcement Agencies in 2005: > CHP Oceanside (I-5, I-78, I-15) 17 minutes > CHP El Cajon (1-8, I-67, I-125) 15 minutes ➢ CHP San Diego (1-905, 1-805, I-5) 16 minutes > Carlsbad Police Department* 13 minutes ➢ El Cajon Police Department 13 minutes > Encinitas Sheriff 13 minutes > La Mesa Police Department 15 minutes > San Marcos Sheriff 12 minutes ➢ Vista Sheriff 12 minutes 11 , • Correction:~Both of the facilities which fit the requirements of this RFP are located less than %a miles from major freeways. The recommendation to not add another tow company to the existing rotation due to scheduling issues is easily solved by dividing the month into thirds. Each contractor will provide service the same 10 days each month, giving dispatchers a clear idea of who is "on". Since each month is an average of 30.43 days, the last company in the rotation will have a nominal advantage of less than six days per year. Finally, RDO's extensive experience providing complete and correct monthly reconciliations and quarterly reimbursements should not significantly impact the duties of City, personnel. RDO will -actually save the City of National City money by responding to tows in less than the required 20 minutes. This will allow the officers to leave the scene expeditiously with minimal downtime spent waiting for a tow truck. * Carlsbad Police Department started this year. Times are from 1/1/2006 to present. 3 �3 Rancho Del Oro Towing have established ourselves as San Diego's Trusted Leader in Towing by providing excellent service to the Law Enforcement Agencies we are contracted with. The clarifications, corrections, and notes above outline our objections to the award and we are remiss as to why RDO was not selected as a towing contractor on RFP #GS0506-5. We thereby dispute the decision to award to only two contractors and submit this request to be the third company in the rotation for the period 4/1/06 - 3/31/09. Please don't hesitate to contact me directly should you have any questions. Sincerely, c-, -, - Simon Terry -Lloyd Vice President Enclosures CC: Sergeant Randy Bishop 4 FA- Attachment A Directions from National City to San Diego Facility 11 .. :145 ... o• .:':: . ' to,si',.!n A.,.,te.s. •:::W. ::.." ;. ...:....:;:' . ' .,.; t.';;',..........::. ..t.k..,...: I.., .., .......; ,;„.....:::;.;..: ....;''',.',..,..,,,,,i1...t•-34F.e.',.:e.:#1.1.4:'.0'.;,::: , ' ; ... rf...-#4.*:itAitC.:1.- ,......,:, ;;;!...:c.4"4:;141;€4,4:::-.:. ' i ;1-. • .: ' li.'.: •..';;;'.4.1V:::-.:•-•- .;,:. :: '; .:',.;;;:',...::.•et#4*;;;;• I: ;; ..!... . 'f.•-•:-'-''.:*-.: • ' ...,... .1 ....: 7. . 4 ..%...d.:, . , 12 miles driving. %., li g)20051.4)w-ra, 10 miles c....---: ,,,, --c.g,-, , ,::... ,,,,,fzuz-.7:74,,,--."7,-.E-z...-A17,-727r1:::::: 1.5111i 20C1 4 4/411 t$•,*) " Fla 5 Directions: • 805 S • 905 E • Airway Road right • 9063 Airway Road First parking lot on the left. r5 Directions from National City to El Cajon Facility ................. .44 gel e41 i3u3kr 3 s ral woirst tie*: 6 Directions: • 94E • 125 N • 8E • Main Street Exit • Marshall 1st right • Palm 1St right • 1167 W. Palm Ave Directly across the road from the El Cajon Trolley Station and parking lot. 11 miles driving AmericskrToWii\9\ RODNEY L. SOLENBERGER, L.L.M. Law Offices 10965 Glencreek Circle San Diego, CA 92131-2626 Tel: (858) 578-1717 Fax: (858) 578-1717 Email: rlsoffice@sbcglobal.net TELEFAX TRANSMITTAL DATE: March 6, 2006 TO: BRENDA E. HODGES, C.P.M. PURCHASING AGENT CITY OF NATIONAL CITY FROM: RODNEY L. SOLENBERGER, ESQ. FAX NO: (619) 336-4597 RE: Protest of Intentto Award Contract Under RFP #GS0506-5 JAMS Reference #: 1240017322 Number of pages being faxed (including this cover sheet): 14 Remarks: I separately sent an e-mail with the attached letter and exhibits. I am not sure how legible the copy of the photograph included as Exhibit 2 will be. Additionally, a hard copy will be delivered this afternoon. Please contact me if you have any questions. This message is intended for the use of the individual or entity to whore. it is addressed, and may contain information that is privileged and confidentiaL Ifyou are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified thatanydissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. SHOULD ANY PROBLEM OCCUR IN TRANSMISSION, PLEASE CALL US AT THE ABOVE NUMBER 61 RODNEY L_ S_OLE.NRERGER, ELM. Law Offices 10965 Glencreek Circle San Diego, CA 92131-2626 Tel: (858) 578-1717 Fax: (858) 578-1717 March 6, 2006 Ms. Brenda E. Hodges, C.P.M. Purchasing Agent City of National City Purchasing Division 2100 Hoover Avenue National City, CA 91950-6530 BY E-MAIL, FACSIMILE AND HAND DELIVERY RE: American Towing St Auto Dismantling, Inc. Protest of Intent to Award Contract under RFP liGS0506-5 Dear Ms. Hodges: Based on our telephone conversation on March 3, 2006, on behalf of American Towing and Auto Dismantling, Inc. ("American Towing") I submit the following protest regarding the proposed award by the City of National City ("City") of a new contract for towing services under the above -referenced RFP. RFP Selection Process Must Re Fair American Towing appreciates, recognizes, and acknowledges that the City reserved the right to waive any irregularities or informalities in the RFP process. However, such a reservation does not and cannot mean that the City may act arbitrarily, abuse its discretion, or fail to comply with procedures. Material changes to the selection process compel the conclusion that the process applied by the City was unfair to all bidders in general and American Towing_in particular Material Changes In Selection Process Without Notice The focus of the selection process as set forth in the RFP and the process that was applied materially changed. Specifically, the RFP at pages 7 and 8 provides that for three criteria for the technical evaluation of the proposals for the procurement "in decreasing order of importance" as: (1) meeting the specific provisions and technical specifications, (2) assessing the proposer's experience and past performance, and Hodges, C.P.M. March 6, 2006 Page 2of9 (3) reserving the right to conduct an inspection of the proposers' physical assets and financial capability. The last criterion did not appear to contemplate that a proposer would be disqualified for not presently meeting all requirements to perform the contract: Instead, the surveyofphysical assets and -financial capability would he evaluated to determine the ability to perform the contract. This is similar to the submittals required upon a provisional award by the successful contractors. Finally, the RFP appears to contemplate ranking "each qualified proposal on technical merit" and a ranking of the separate Price Proposal Volume submitted by each responding party. Upon making such rankings a recommendation would be made to the City Council. The letter dated February 17, 2006, from Purchasing Agent Brenda E. Hodges, C.P.M. (hereafter the "Recommendation Letter") reflects that site inspections became a significant; if not primary factor, in the evaluation process. This is supported by review of the attachments to the Council Agenda Statement that American Towing obtained on March 2, 2006. Specifically, the Administrative_ Evaluation from Purchasing (Attachment AA) consists of one page. The section heading "Tech Eval (pg.7)" contains no entries for the subcategories of proposers meeting the teehnieahspeeifications and experience and past perfennance. In contrast, the formerly least important criterion of an inspection is included as a separate attachment entitled "Site Evaluation from Police Dept." (Attachment $i=B16) consisting of sixteen -pages. Significantly, the -site -inspection -added "requirements" not addressed in the RFP or even the contract that a successful proposer would be required to enter with the City. The departures from the RFP requirements are addressed in greater detail in the following section and remainder of this protest. Standing alone these departures require a reexamination of the evaluation process. However, in Light ofthe bias demonstrated in conducting the site inspection,the basis for reexamination becomes compelling. Cumulatively, such actions result in a selection process that is fundamentally unfair. Response/Rebuttal to Specific Areas of Police Dept Site Evaluation (Attachment B1-B2. B9) • American Towing responds to the numerous errors, inaccuracies, and oversights contained in the Memorandum dated February 13, 2006 from Sergeant R. Bishop, Traffic Division to Dr. Adolfo Gonzales, Chief of Police ("Memorandum"). Specifically, American Towing responds to pages B I, B2 and 119 of that memorandum whichisimaelleA to the CouncilAgenda_Statement. 1. Municipal Law Enforcement Experience A. Memorandum: "They have no experience with municipal law enforcement contracts (they have been awarded a contract to serve the Chula Vista Police Depa+ttment beginning in March 2006)." Attachment BI, paragraph 4, second sentence. 63 Hodges, C.P.M. March 6, 2006 Page 3 of 9 B. RFP Provisions: The City requires established business experience, product performance, and references within the past five (5) years (ufe forfris 24, 25 and 26). The references listed shall verify that the Proposer has provided services of a similar scope and nature to those outlined in this RFP, andthatthey are able to provide information about the quality of Proposer's past performance. RFP, page 8, Section 1, paragraph P.Z. C. Response/rebuttal: The RFP could not and did not require that a proposer have experience with "municipal law enforcement contracts" The RFP required only "services of a similar scope and nature" that could be verified by the listed references. Even if -during the evaluation process it was determined that the references would be given little weight or would not be contacted, American Towing's Technical Proposal specifically noted that services are provided under continuing governmental contracts with the California Highway Patrol (CHP"), the Department of Homeland Security, United States Border Patrol, United States Customs Service and the United States Drug Enforcement Administration, and the successor entities. While other companies' contracts with the CHP, San Diego Sheriff s Office, and the Immigration and Naturalization Service were deemed relevant, American Towing's significant experience in towing, searching, and impounding vehicles for governmental entities was ignored. 2. Procedures to Reconcile Billing for 30-Day Holds A. Memorandum: "They have no procedures in place to reconcile billing for 30-day holds." Attachment 131, paragraph 4, third sentence. B_ RFP Provisions: The National City Police Department Traffic Division Sergeant shall provide to each Contractor information which establishes standardized reporting procedures relative to vehicle storage, release, billing, applicable fees and other related matters that Contractors shall adhere to, in performing towing and storage services for the City RFP, page 16, Section III, paragraph G. 641 . r - - - - - - - - -. Hodges, C.P.M. March 6, 2006 Page 4 of 9 C. Response/rebuttal: American Towing is surprised that this became an evaluative criterion. As noted above, the RFP does not provide that procedures be in place in order to be recommended -the contract award, but rather-thatinfoiuration wguld be provided. It is nonsensical to develop procedures before receipt of information regarding the City's standardized reporting procedures. More importantly, this evaluation overlooks that American Towing does have such experience with respect to services provided to CHP, and the capabilities of American Towing's proprietary software :system, TRAX. American Towing's Technical Proposal Response expressly stated: In it present form this application pennits searches based on time of request for service, time of tow truck dispatch, time of tow truck arrival on the scene, nature of service provided, location of service area, vehicle information, vehicle storage location, itemization of fees for towing and storage, disposition of vehicle, and all information required to be maintained in connection with notice of and disposition at a lien sale. The application can be modified to include additional categories of information that is deemed necessary. For unexplained reasons, these data capabilities were ignored. Sub -garage Tow Vehicles A. Memorandum: "no "sub -garage" tow vehicle capable of accessing the Police Department's secured parking facility (extremely important)" Attachment Bl, fifth paragraph. ., B. RFP Provisions: The Contractor shall provide equipment capable of providing the following services: 1. Towing of large oversized vehicles; 2. Towing from off road areas; 3. Towing in underground garages; 4. Wheel lift towing; and 5. Rollback towing. 65 Hodges, C.P.M. March 6, 2006 Page 5 of 9 RFP at page 15, Section III, paragraph D. C. Response/rebuttal: The "extremely important" requirement of a sub -garage tow vehicle was transformed from a future requirement of the contactas evidenced by the use of the language "shall provide" in the RFP to a requirement that such equipment be currently owned by a responding company at the risk that not owing such equipment would result in the determination that the proposer "does not adequately meet the requirements of the RFP" as set forth in the Memorandum. American Towing was awareandhad notice the requirement of the need to provide towing in underground garages. American Towing's vehicles are capable of providing towing services in underground garages depending on the garage's clearance height. For example, American Towing has provided towing services within the Federal Building in downtown San Diego. Significantly, the relevant RFP provision made no mentionofthe need for equipment capable of accessing the Police Department's secured parking facility. Had the RFP contained Such a requirement American Towing would have directly addressed the issue. However, the only possible notice of this "extremely important" r quirement was the "Formal Agreement" that was attached as Exhibit "C tathe Addendum.#3,.issuedappmximately six weeks after the initial RFP. 4. Secured Evidence Storage A. Memorandum: "there is no secured area of the storage lot where evidence vehicles could be held (while potentially expensive, this could be done fairly easily and quickly). Attachment B1, fifth paragraph. B. RFP Provisions: The RFP contains no precise requirement for an existing secured evidence facility. American lowing anticipated and became aware that ifacontract was awardedsuch a_facility wouldbe required based upon Exhibit "C" to the Addendum #3, issued approximately six weeks after the initial RFP. C. Response/rebuttal: As -is the case with the Sub -garage Tow Vehicles discussed above, a requirement of the -future contract upon award was transformed to a RFP evaluation requirement. The site inspector appears to concede that American Towing can meet the contract requirements. Indeed, American Towing has provided precisely such facilities under past contracts, when such services were required. However, since current business needs do not require such facilities, American Towing has not incurred the continued expense of maintaining the appropriate facilities. Hodges, C.P.M. March 6, 2006 Page 7 of 9 C. Response/rebuttal: As noted above, it is patently unfair to add criteria not described in and required by the RFP, and to additionally, give significant weight to such criteria. Moreover, such criteria are not even required by the contract that the -City requires- the successful proper to enter. There was no notice that by requiring the Contractor to "provide service to the public," the City's intent was that office staff be at the premises on a - twenty-four hour, seven day a -week basis. If the City sought to dictate such terms of service, it could have. The City did not, likery because an attempt to dictate such terms involvingtheperformance of the scope of work to be performed would jeopardize the independent contractor relationship the City seeks to establish. American Towing provides a more detailed response to the evaluation in the followingparagraphs. Communications with Drivers — The RFP contemplates and the contract requires the Contractor to have a dispatch center or system. The Technical Proposal expressly noted that American Towing_installs in each service vehicle radios that enable communications with American Towing's office and dispatching operation, and also i'sre' drivers_alphantaneric pagers to further aid timely communication. The two-way radio dispatch system between drivers and American Towing's office and dispatching operation is a system recommended to Atom ican Towing by principals of Road One Towing, and American Towing understands that Road One Towing uses the same answeringservice. American Towing has chosen to utilize an answering service for after-hours calls. Approximately 90% of this answering service's clients have contracts with law enforcement agencies. It is also important to note that most of the prospective tow contractors identified as staffing their own dispatch center provide services to the City of San Diego Police Department-("SDPD") pursuant to a contractual requirement to provide a dispatch center. Since the SDPD contract is currently the subject of a pending RFP process which contemplates establishing a new dispatch center operated by the companies under a new contract, a question exists regarding the continued availability of the existing dispatch center. After Hours Contactwith Company Personnel —The Memorandum misrepresents the substance of the conversation with the answering service. Simply, as demonstrated by the twenty-six (26) second recording and a transcript of all incoming calls for the relevant date, the call made at 7:55 a.rn. on February 9, made no request to be placed in contact with American Towing personnel-. A true and correct transcript of the telephone conversation is attached as Exhibit "1" to this§ protest. Limited Staff Availability After Hours — Given business realities, neither American Towing nor any similar towing and impound operating company could or should be expected to dedicate staff for after hours inquiries which is not Hodges, C.P.M. March 6, 2006 Page 8 of 9 required by a contract with indeterminate towing and impound requirements, and is further shared with another company or companies on a rotational basis. The reality is that any company will have or add to the available staff necessary to perform services under and administer the contract while providing services to other entities. American Towing has procedures in place to respond to after hours releases of vehicles and the towing services requirements of the City. At hest, the addition of an evaluation criterion requiring direct staff availability becomes a means to provide unfair competitive advantages to those companies able to absorb such costs by larger scope of operations without any corresponding direct benefit being received by the City. Business Hours — American Towing currently maintains office hours from 8:00 a.m. to 5:00 p.m., which is the same as some of the other proposers. American 'lowing does not check in with the answering service or take -phone calls until 8:30 a.m. in order to meet its recordkeeping and reporting requirements and those of its contracting entities. The Memorandum's conclusion that the business hours are from 8:30 a.m. to 5:00 p.m. is incorrect. American Towing believes the conclusion was based on an assumption made as a result of the telephone contact with the answering service on February 9, described above. f►. Fee Schedule Posted in Office A. Memorandum: "limited fees posted, fees not specific bracketed" Attachment B9, entry for Fee schedule posted in office. B. RFP Provisions: The Contractor shall display in lain view at all cashier stations a sign as described in Section of (sic) 3070 of the Civil Code disclosing all current fees and charges in force for towing and storage services. RFP, page 17, paragraph I. D. Response/rebuttal: American Towing is at a loss as to how to respond to the Memorandum comment. The current fees and charges in force for towing and storage services are and have been displayed as required by Civil Code section 3070. Attached to this letter as Exhibit "2" is a copy of a photograph taken March 3, 2006 of the posted fees and charges. This is the same posting that has been in continuously in effect. e5 Hodges, C.P.M. March 6, 2006 Page 9 of 9 American Towing regrets the necessity for protesting the contemplated award (Attie towing services contract. However, in fairness to all companies interested in providing the services, and more importantly, to assure that the needs of the City are met, such a protest has become necessary. We look forward to receiving a response to our concerns. RLS Enclosure cc: Rudy Mercado Sinrprely yours, R. L. Solenberg E-mail: rlsoffice@a sbcglobaLnet (Id\ EXHBIT "1" (10 -3 • TRANSCRIPT OF TELEPHONE CONVERSATION ON FEBRUARY 9, 2006 COMMENCING 7:55AM (26 SECONDS) ANSWERING SERVICE: THANK YOU FOR CALLING AMERICAN TOWING. HOW CAN I HELP YOU? SERGEANT R. BISHOP: AH, HI THERE, RANDY BISHOP FROM NATIONAL CITY POLICE DEPARTMENT. YOU GUYS RECENTLY, AHH, BID ON A CONTRACT THAT, AHHH, THAT WE HAVE OPEN. ANSWERING SERVICE: OK, THLS OFFICE IS NOT OPEN YET. THEY CHECK IN AT 8:30, SIR. SERGEANT R. BISHOP: OK, OK, AND WHO YOU ARE? ANSWERING SERVICE: I'M RAVEN. SERGEANT R. BISHOP: AND YOU'RE WITH THE COMPANY? ANSWERING SERVICE: I'M WITH AFTER HOURS DISPATCH. WE'RE THEIR AI, 1'ER HOURS SERVICE. SERGEANT R. BISHOP: OK, SO YOU ARE JUST A ANSWERING SERVICE? ANSWERING SERVICE: THAT IS CORRECT. SERGEANT R. BISHOP: AND YOU DON'T ACTUALLY WORK FOR THE COMPANY? ANSWERING SERVICE: NO, I DO NOT. SERGEANT R. BISHOP: OK_ APPRECIATE IT. THANK YOU. ANSWERING SERVICE: THANK YOU. 1T1 '1 • iTt 1 II r I ;1:I 11 t r'.�! t,•1 'trr 1 it 1LL. '1' It r r I rrr[ r • 1 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 March 14, 2006 To: Mayor & Councilmembers Fr: Adolfo Gonzales, Police Chief Brenda E. Hodges, Purchasing Agent Re: Tow Contract Protest Response On November 8, 2005, the City of National City issued a Request for Proposal (RFP) for Towing Services for the National City Police Department, and received proposals from eight tow companies. The Purchasing Department conducted the administrative review of the proposals and the Police Department conducted site visits of all vendors who submitted proposals. After careful consideration, two companies were recommended for award of the contract: Moynahan's Towing and J.C. Towing. Three of the companies that were not recommended have since filed protests regarding those recommendations. The purpose of this memorandum is to respond to the concerns outlined in the protests submitted by Road One Towing, Rancho Del Oro Towing and American Towing. Road One The protest submitted by Attorney Robert L. Young on behalf of Road One Towing, is outlined in an "RFP Protest Addendum" attached to their formal notice of protest dated 3/1/06, and in a separate memo title `Supplemental Information' submitted 3/9/06. They claim that the RFP process was not followed to the letter by the companies recommended for award; that the City was in violation for accepting the other proposals (paragraphs 1 through 7 of the protest addendum); and that the site evaluation process was biased (paragraph 8, sections a through h of the protest addendum). The Police Department reviewed the issues raised regarding the site inspections and has responded to those concerns related to the site visit. The City Purchasing Agent has responded to issues concerning the RFP review process. The responses reflect the paragraph numbers (#1-8) from their protest letter, and (#9-16) from their Supplemental Information memo. Item #1. Money lost to the City: (response submitted by Purchasing Agent) Vendors were not asked to submit Referral Fees. Referral Fees were already fixed at $5565/quarter, if two Tow Contractors were selected. (Reference: Exhibit 'A' of Addendum #4; page 17 #K of the RFP packet, and page 26 #7.5 of the Contract issued with Addendum #3). Per Addendum #3, `Clarifications Resulting from Questions Submitted by Vendor #2' (Road One), the contractor may submit pricing for any fee 'not already identified as set' within this RFP. The referral fee is stated as a minimum 141 ® Recycled Paper because it is calculated by the average number of referral tows. Even if the actual number of referral tows were less than average, the payment would not be less than $5565/quarter. Vendors were requested to submit pricing as outlined on the Towing Fee Schedule only (Page 22 of the RFP). Road One Towing is the only vendor who proposed a separate rate for the Referral Fee. If the City wished to consider the Referral Fee rate proposal from Road One, we could suffer protests from the other vendors who were not given the same opportunity to propose rates for this fee. Item #2. Road One's Rates Were Lower, Proposals Were Improperly Changed After Bid. (response submitted by Purchasing Agent). Clarification should be made that this is a. proposal process, not a bid process, and the Attorney's use of the word 'bid' in the title of this item is incorrect. To address the concern, the RFP clearly stated that the City would negotiate final rates with the selected vendors. Not all vendors proposed the same rates for the same service. In order to provide consistent service rates to the public, negotiation is necessary to establish one set of rates, regardless of the tow company called on a particular day. Reference: Addendum 3, Clarifications resulting from questions submitted by Vendor #2 (RoadOne) `Pricing Submittal'; and Page 21, Section IV of the RFP. Rates were considered in the evaluation phase of the selection process. Most of the proposed rates submitted by the bidders seemed reasonable. Therefore all vendors were considered relatively equal when it came to rates, and no one was disqualified based on rates. Per page 10, section 'V' of the RFP, `Award will be made to the responsible Contractor or Contractors whose proposal(s) is (are) determined to provide best overall value to the City, considering the evaluation factors in this RFP, including price', and 'the more closely proposals are ranked in price, the more important technical merit will become'. Item #3. JC Towing Equipment Unavailable to the City. (response submitted by Police Dept.) JC has twenty-two new vehicles in their fleet. Eighteen will be dedicated to "Freeway Service Patrol" eight hours a day during daylight hours Monday through Friday. During the weekdays, JC will still have a minimum of sixteen tow vehicles available to fulfill their other towing obligations. At all other times, JC's full compliment of tow vehicles will be available to conduct police tows. JC has stated that they have already formulated a plan to stage three trucks at locations throughout the City during their designated towing periods to ensure promptness when called to conduct Police Department tows. This information was obtained from JC Towing. Item #4. JC Towing Failed to Comply with the RFP Concerning CHP Documentation. (response submitted by Purchasing Agent). The CHP conducts inspections on an annual basis, and although Road One is correct that JC Towing received their trucks in July 2005, the trucks were not put into service until after the annual inspection date. The annual inspection date is approaching for 2006, and inspections are currently being scheduled in phases, two trucks at a time. The RFP (page 15 #D), states that tow trucks that are not certified by the CHP, must pass an inspection by the National City Police Department Traffic Unit, and that proof of certification will be submitted with the proposal. During the site evaluation phase, the Sergeant of the Police Department's Traffic Division confirmed that JC Towing had the required number 2 and type of trucks, inspected the trucks, and saw nothing to indicate that they would not meet the eventual CHP certification process. Since these are new trucks, he had no reason to believe that they would not pass. This was taken into consideration as part of the evaluation process. Item #5. Moynahan's Proposal Completely Non -Responsive to the RFP. (response submitted by Purchasing Agent). The RFP (pg 5, #KIb) required that vendors address each paragraph in the Specific Provisions and Specifications section. Road One correctly quotes the RFP that "Simple `Yes', 'No' or `Comply' responses are insufficient". However, the proposal from Moynahan Towing did in fact address each individual item, with more than 'yes' or `no' answers. Although Moynahan's proposal was not as detailed as other proposals received, the City has personal knowledge of their qualifications, since they have been held the City's contract for many years. Their written responses to the individual issues were deemed sufficient when combined with the City's personal knowledge and experience with this vendor. According to the Standard Terms and Conditions of the RFP (pg 3 #10), the City reserves the right to accept or reject any item, or waive any informality in the process. Overly detailed technical information from a contractor who is currently (and successfully) providing the service outlined in the RFP, is deemed unnecessary, and therefore waived as an informality. Personal knowledge in this case is equally as valuable as anything they could have submitted in writing. Item #6. Moynahan's"Proposal Contains Overcharges and Omits Required Fees. (response submitted by Purchasing Agent) The change to the maximum storage rate per day was negotiated with both recommended vendors during the final phase of the process. As stated in Item #2 above, the RFP clearly stated that the City would negotiate final rates with the selected vendors. Not all vendors proposed the same rates for the same service. In order to provide consistent service rates to the public, negotiation is necessary to °establish one set of rates, regardless of the tow company called on�a particular day. (Reference: Addendum 3, Clarifications ,resulting :from questions submitted by Vendor #2..(RoadOne) 'Pricing Submittal'; and Page 21, Section IV of the RFP). Since the maximum rates were admittedly outdated (ref Addendum 3, Clarifications resulting from questions submitted by Vendor #2 (RoadOne) `Pricing Submittal'), the decision was made by the Evaluation Committee, during the negotiation phase, that an increase of this fee from $20/day to $35/day was appropriate to better reflect industry standard. .Item #7. Neither JC Towing nor Moynahan's are in Compliance with California Lien : Sale Law. (response submitted by Police Dept.) Moynahan's and JC indicate that they do comply with the state law. However, both companies state that they have not secured "excess monies received from the lien sale of a vehicle" at any time in the recent past. Neither company could recall the last time that a vehicle was lien sold for more than the charges being liened against it at the time of sale. The Police Department contacted investigators at the Department of Motor Vehicles and learned that while the practice of retaining excess fees from lien sales is prevalent in the tow industry, they (the DMV investigators) are not aware of any instances where either fi 3 JC or Moynahan's has been the subject of this type of accusation. DMV is not currently investigating any complaints of this nature against either of these companies. The fact that fees are not paid to DMV does not mean that the tow concern is in violation of law. It could be that the company has not secured excess funds during the lien sale process, as is stated by JC and Moynahan's. Item #8. There is Bias Apparent in the Evaluation by the Traffic Supervisor. Each subsection of item #8 is addressed below. (response submitted by Police Department). a. Number of tow vehicles attributed to Moynahan's Towing: The evaluation report indicated that Moynahan's owns "over ten trucks." However, a follow- up inquiry reveals that Moynahan's owns exactly ten trucks. Moynahan's indicates that there are usually between six and eight vehicles available at any one time. This number includes the six listed by Road One in their protest along with several other older low profile "sub -garage" vehicles. The estimate of "over ten vehicles" was made as a result of informal conversation during the site visit. No intention was made to exaggerate Moynahan's towing capabilities. Moynahan's meets the RFP requirement for the number of operational vehicles to apply for this contract. b. The size of Moynahan's lot: The evaluation report lists the size of Moynahan's storage lot as "extremely large." Road One's lot is significantly larger. However, it is likewise more crowded with stored vehicles. At the time of the site visit, Moynahan's lot was very clean, very well organized and stored vehicles seemed to be at a minimum. No inference was made that Road One's lot is not large enough to accommodate the needs of the Police Department. c. The location of the J.C. Towing yard: Road One complains that the evaluation listed the yard as, "easy to find." The simple fact is that the J.C. lot is easy to find. No inference was made that Road One's lot is difficult to locate. d. Secure evidence storage at J.C. Towing: J.C. meets or exceeds the Police Department's need for secure storage. They have cargo containers available for short and long-term secure vehicle and evidence storage. They also have tent like facilities available for short-term storage and inspection. J.C. has indicated that the tent/canopies will be secured with chain link fencing prior to conducting tows for the Police Department. No inference was made that Road One was lacking in this area. e. Surface of Moynahan's storage lot: Moynahan's has made many recent improvements to their facility, including upgrades to their lot. Moynahan's crushed rock appears to be of a larger composition and it appeared to be more evenly distributed at the time of the site visit. The fact is that Moynahan's lot was significantly cleaner and more free of dust than that of Road One's. 4 g. f. "False" characterization of phone inquiry from Road One supervisor: The result of this conversation was that there was a lack of communication and understanding to some extent on both levels in this one instance. After this issue was resolved, the Road One supervisor requested meetings to discuss how Road One could provide better on -time performance and to improve their perception among the officers on the Police Department. This request was not granted due to the involvement of the Traffic Division in the RFP process. Traffic Division contact with Road One regarding performance: (response submitted by Police Dept.) During the past several years, a Police Department Traffic Division officer spoke with Road One no fewer than eight times regarding routine tardiness during tow requests. The officer reported these informal conversations to the Traffic Division supervisor after each occurrence and/or beforehand if practical. The officer made several recommendations to Road One to improve their response times. After these conversations, performance would improve for a time and then return to the practice of responding slowly. An informal survey was conducted among officers and civilian staff that routinely conduct police impounds. The results of the survey showed that others shared in the officer's experiences. After `notification was made regarding the Police Department's recommendations regarding the tow contract, Abandoned Vehicle Abatement officers complained that on several occasions, Road One simply stopped showing up for ;impounds. The pfficers would leave all of the impound paperwork on the abandoned vehicle and continue with their duties. Checks at the end of the day showed that the cars had been removed at some time during the officer's shift. h. "Boasting" of other tow companies community involvement The notations in the evaluation report are statements that were presented to the site inspector without solicitation by the owners of these tow companies. The owners/operators of Moynahan's and J.C. responded to their respective lots upon being notified of the impending site visit. They both took the opportunity to discuss their operations in more detail than what the site inspection detailed. Road One is correct in their statement that this was not called for in the site inspection. However, it was not used as part of the "evaluation criteria" as suggested in the protest addendum. Item #9. Best Overall Value to the City. (response submitted by Purchasing Agent). 'Best overall value' refers to all aspects of the contract, including price. Components of value may contain but not be limited to: past experience with a vendor, location of tow yard, size and type of fleet, security systems, fencing, signage, communications systems, and all of the other technical specifications outlined in the RFP. Item #10. Price will have greater weight than technical merit. (response submitted by Purchasing Agent). The protest letter states that price was not evaluated or weighted. IA 5 Per page 10, section 'V' of the RFP, 'the more closely proposals are ranked in price, the more important technical merit will become.' With the exception of one vendor's proposal, whose prices were drastically lower than all the others, the rest of the proposals offered pricing that was consistent and within a reasonable range. The differences were not considered big enough to have an impact on the selection process. In order to provide consistent service rates to the public, negotiation was necessary to establish one set of rates, regardless of the tow company called on a particular day. (Reference: Addendum 3, Clarifications resulting from questions submitted by Vendor #2 (RoadOne) `Pricing Submittal'; and Page 21, Section IV of the RFP). The proposed rates were all close enough, that the negotiation of final rates was very easy. The protest letter states that the recommended vendors were selected based on site evaluations only. The City followed the process outlined on page 7 #P of the RFP, which states that the technical evaluation of the proposals would be conducted as follows, in decreasing order of importance: 1)meeting the proposed Specific Provisions and Technical Specifications, 2) Proposer's experience and Past Performance, 3) Inspection. The site evaluations were one part of the Specific Provisions, and necessary to evaluate the vendors' compliance with the Specific Provisions, further outlined on Pg 13 of the RFP. The technical evaluation included past performance (RFP pg 8, #P2), which in the case of this vendor is inadequate (see #8g above). Each individual aspect of the Specific Provisions; Technical Specifications; Experience and Past Performance; and Inspection were conducted in the technical evaluation portion of the process. Page 10, #V of the RFP also states that "The City is under no obligation to make award based solely on price". Item #11. Evaluation of Price proposals. (response submitted by Purchasing Agent). The Police Department was responsible for the Technical Evaluations. The Purchasing Department was responsible for the Administrative Evaluation. The Purchasing Agent does not remember being asked about the storage rates specifically, but the issue of price evaluation has already addressed in Item #10 above. Item #12. Referral Fee and Best Interest of the City. (response submitted by the Purchasing Agent). Already addressed in Item #1 above. Item #13. Review of Technical Proposal. (response submitted by Purchasing Agent). This issue has already been addressed in Item #5 above. Page 7 #O of the RFP, states that the "Purchasing Agent shall determine which Proposers have met the requirements of the RFP". It also states that "The Purchasing Agent shall have the sole authority to determine whether any deviation from the requirements of this RFP is substantial in nature. The Purchasing Agent may waive or permit to be cured minor irregularities or minor informalities in proposals that are immaterial or inconsequential in nature, whenever it is determined to be in the City's best interest." The City has personal knowledge of Moynahan Towing's lot sizes, and has determined that they are adequate, and meet the requirements of this RFP. Item #14. Towing Contract Administrative Evaluations Score Sheet. (response submitted by Purchasing Agent). 6 Road One claims that two items on the Administrative Evaluation sheet, were not scored. The Purchasing Agent listed the sections titled "Do They Meet Technical Specifications' and 'Experience/Past Performance' on the Administrative Evaluation sheet as a reminder to the Technical Evaluation committee to address these items. Both of which were fully covered in their portion of the evaluation. Road One claims that Moynahan Towing did not submit signed copies of all 4 addendums, which is not true. All 4 addenda were signed and received. JC Towing did not submit CHP forms with their proposal, and this was already explained in Item #4 above. Item #15. Site Inspections Not Performed in Consistent Manner. (response submitted by Police Dept.) The Police Department maintains that the site inspections were conducted fairly and in a consistent manner. Item #8 addresses this issue in detail. Item #16. Biased and Erroneous Evaluations. (response submitted by Police Dept.) The Police Department concedes that there may be some minor errors of omission in their recommendation document. However, none of these omissions were intentional. Furthermore, none of the corrections or additions brought forward in this protest has caused the Police Department to reconsider their initial recommendation. In summary, the Police Department conducted a thorough review of the issues brought forward by Road One and there is no evidence to support amending our recommendations. Rancho Del Oro Rancho Del Oro Towing's protest letter argues that there are factual errors in the report detailing the site inspections. The responses to their arguments are as follows (the protest letter lists each argument with an unnumbered bullet point. The response to each point will be in the same order as presented in the protest letter. All responses are submitted by 'the Police Department. Point 1: The evaluation report indicates that while Rancho Del Oro has many law enforcement contracts, they primarily service the north and east regions of San Diego County. Ranch Del Oro wishes to ensure that we are aware that they currently conduct impounds for the California Highway Patrol in the South County. Point 2: The evaluation report states that Rancho Del Oro has minimal experience collecting 30-day impound fees. Office staff at the Otay Mesa facility relayed this information to the site inspector at the time of the visit. However, Rancho Del Oro wishes to ensure that we are aware that they have collected these fees and posted reconciliations with several law enforcement agencies in the north county. Point 3: The method used for determining distance to all of the tow yards from the National City Police facility was done to show relationships rather than to exclude any tow concern from consideration. Additionally, many of those who will claim vehicles at the tow yards will be coming directly from the Police Department. It was assumed that both Rancho Del Oro lots are within the specified ten miles (straight line distance) of the nearest city limit boundary. There was no intent to misrepresent the location of either lot. Point 4: The Rancho Del Oro Otay Mesa storage lot is roughly 100 yards off of the I-905 freeway and there is a large sign on a fence in front of the facility. However, there was a large billboard blocking view to the sign upon approach. The numbering system for the addresses in the area was extremely confusing: the addresses do not run sequentially. The site inspection team drove by the facility three times before locating it. Point 5: The only fee posted at the time of inspection was the daily storage rate for a CHP impound/storage. The business office and adjacent police tow yard office were checked for this posting. No other fee posting was found. Point 6: Company representatives informed the site inspection team that tow drivers would have to be dispatched to the Otay Mesa lot to provide for a release after hours. According to Rancho Del Oro, there is a driver on site around the clock and any wait for service would not be lengthy. Point 7: Rancho Del Oro states in their protest letter, that upon award of a contract, they would assign personnel "dedicated to the Otay facility offices." Point 8: The evaluation report indicates that there are routinely two trucks assigned to the Otay Mesa facility after hours. Per the protest letter, if awarded a contract, Rancho Del Oro would increase the number of trucks assigned to the facility to accommodate the needs of the Department. Point 9: The evaluation report indicates that Rancho Del Oro's "sub -garage vehicle," a truck equipped with dollies would not be able to access the underground parking facility at the Police Department. Rancho Del Oro counters that they have "trained professionals" on hand to make a case -by -case determination if the truck/dolly combination would be appropriate. In the event that it would not accommodate the tow, a separate vehicle would need to be called. This would obviously necessitate a significant wait. The RFP calls for the tow concern to respond within twenty minutes not only to the location, but also, with the proper equipment to conduct and complete the tow. Point 10: Rancho Del Oro expresses a willingness to share the cost associated with placing a forklift in the underground Police parking facility to assist with the removal of vehicles from the parking structure. This was not used as an evaluation criterion for the purposes of the site inspections. Point 11: The site evaluation report indicates that the Otay Mesa facility does not have a secure area for evidentiary impounds. Rancho Del Oro counters that they do have a forty -foot cargo container that can be used for storage of evidentiary seized vehicles. Point 12: The protest letter does not specify which tow company Rancho Del Oro is referring to in their claim that a different company was given a satisfactory rating regarding secure storage areas. Both of the recommended tow companies have secured facilities and one, J.C., has agreed to improve their secured facilities. The evaluation report did fairly state that while Rancho Del Oro did not have a secured storage area or a paved inspection area that they would, if awarded the contract, install these facilities "quickly if necessary." Point 13: Trolley parking lots are reserved for those using mass transit and are not intended to be used for short-term parking for local businesses. Therefore, the trolley parking lot was not considered for client parking in the evaluation of the El Cajon facility. Directions to the facility were obtained from an interne mapping service. Perhaps there is a simpler route to the facility than the one taken by the site inspection team. However, it may be assumed that others seeking directions would obtain the same as the site inspection team. Point 14: Rancho Del Oro claims to have two off-street parking spaces at the office and that the trolley station near -by offers ample parking for the El Cajon facility. Again, the trolley station parking lot was not considered as an option. And, during normal business hours, the site inspection team found it necessary to park two blocks away from the facility. Perhaps on other days and at other times, there is ample on -street parking in the area. Point 15: Rancho Del Oro reiterates that they will add,additional tow trucks and personnel to adequately respond to the needs of the Department if awarded the contract. Any contractor would be expected to do the same. However, the initial report was completed with the information that was available at the time, most of which was obtained by the prospective contractors. Point 16: The concern that Rancho Del Oro may not be able to provide consistent twenty minute responses was formulated using the information, provided by the on site personnel that the evaluation team spoke with. This was documented well in the initial report. Rancho Del Oro has provided documentation that they meet or exceed a twenty -minute response time with every law enforcement agency that they currently contract with. Point 17: Rancho Del Oro points out that both of their storage facilities are within one quarter of a mile from a major freeway. There is no challenge to this statement. Point 18: Rancho Del Oro states that if a third tow contractor is added to the contract, one of the tow concerns would obtain a "nominal advantage of not less that six days per year" and would not have any negative impact on the administration of the contract. However, it has been the experience of the Police Department that the tow contractors are extremely competitive. The contractors monitor our radio frequencies and complaints are received if the wrong tow company is mistakenly called on any one tow. The Police Department does not recommend giving one tow contractor a six -day "advantage" during any particular time frame. 9 After reviewing and responding to the issues raised by Rancho Del Oro's protest, the Police Department does not feel that there is any justification to warrant any changes to the initial site evaluation report or award recommendations. American Towing American Towing's protest letter argues that the RFP selection process was unfair, that there were "material changes in the selection process without notice" and that there were errors/ oversights in the site evaluation process. The Police Department will address the site evaluation and the concerns brought forward by American Towing regarding this process. American's concerns are numbered 1 through 6 in the protest letter. This report will address the concerns as numbered in the protest document. All responses are submitted by the Police Department. 1. Municipal law enforcement experience: American currently conducts tows for several federal agencies. They conduct towing operations for the California Highway Patrol (CHP) and will begin conducting police impounds for the Chula Vista Police Department (CVPD) in the near future. The CHP contract was not mentioned during the site inspection. Regardless, American's experience offering "services of a similar scope and nature" are minimal at best. The federal contracts may be of a similar nature but are different in scope. 2. Procedures to reconcile billing for 30-day holds: Due to their minimal experience in conducting municipal law enforcement impounds, and the fact that neither the CHP nor CVPD has contractors collect/reimburse 30-day impound fees, American does not have a procedure in place to handle this activity. This is simply a statement of fact. It did not, in itself, disqualify American from consideration for this contract as they state in their protest. Sub -garage tow vehicles: The Police Department maintains that the intent of the RFP provision requiring contractors to be able to tow "in underground garages" refers primarily to underground Police Department parking/storage facility. During the site inspection, staff from American Towing indicated that they currently had no tow vehicles that could access this facility due to the limited clearance. 4. Secured evidence storage: American affirms that they have no secured evidence storage facilities on their premises. They state that they will install this facility if awarded the contract. 5. 24-hour phone contact with staff: The Police Department maintains that the inability to speak directly with contractor representatives has the potential to be problematic. American staff agreed with this assessment during the site inspection and indicated that as they are growing, they are considering staffing their own dispatch center and hope to do so in the not too distant future. The Police Department has a larger concern that office staff would have to be summoned from home to provide for after hours vehicle releases. American staff provided this information during the site inspection. American indicated that this was their protocol because they did not "trust" their after-hours drivers to conduct the monetary transaction associated with the release. 6. Fee schedule posted in office: The fee schedule posted in the office of American Towing brackets the majority of the posted fees. This was inconsistent with the other tow concerns. The majority of sites inspected had exact fees broken down by the impounding law enforcement agency and the fees for private tows posted accordingly. The method used by American could have the potential to create confusion regarding their fees and how the fees are passed on to customers. In summary, the Police Department has conducted a thorough review of the concerns raised by American Towing and finds no justification to warrant any changes to the initial site evaluation or award recommendation. Alone, none of the items listed above, -disqualified American Towing from consideration of award. However, the totality of the circumstances leads the Police Department to believe that other vendors are better suited to fulfill the needs of the City. Conclusion The Police Department recommends that the number of contractors awarded this contract be limited to two. Eight tow concerns submitted proposals for consideration. This means that six of the companies involved would be eliminated during the recommendation -process. The Police Department is confident the evaluations and recommendations were made in complete fairness to all involved parties. The Police Department recommendations are made in thebest interest of the • Police Department, the City of National City and its residents. Other than mentioned in the initial report or this response to their protests, no negative inference or derogatory statement is made toward Road One, Rancho Del Oro or American Towing. Based on the evaluation process, the companies recommended are better suited to fill the needs of the National City Police Department at this time. The Purchasing Agent is confident that the bid solicitation and evaluation processes were conducted fairly, and without bias. The recommendation was made based on the submitted proposals, site evaluations, price evaluation and past experience. After final review of the original proposals, and the research conducted as a result of the protest process, the recommendations for award remain unchanged, and are being made in the City's best interest. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 21, 2006 AGENDA ITEM NO. 24 ITEM TITLE Request by the National City Parks & Recreation Advisory Board to Open the National 1 City Municipal Pool from June through August, 2006 PREPARED BY DEPARTMENT Leslie Deese Pik-—_ Community Services 619— 336-4242 EXPLANATION Please see attached letter from the members of the Parks & Recreation Advisory Board requesting that the Municipal Pool be open from June though August, 2006. Environmental Re - Financial Statement N/A ✓ N/A Account No. STAFF RECOMMENDATION The City Manager's office is in the process of developing two balanced general fund budg- ets for deliberation by Council in the coming months —one that reflects the proposed sales tax passing and one that reflects the proposed sales tax not passing. The Parks & Recreation Advisory Board staff recommends that the City Council open the Mu- nicipal Pool from June through August , 2006. With the City's current financial situation, the City Manager's office cannot support the recommendation of the Parks & Recreation Board at this time. BOARD / COMMISSION RECOMMENDATION The National City Parks & Recreation Board endorsed the recommended action with the following votes: Ayes —Grier, Cesena, Schwitkis; Absent —Thompson ATTACHMENTS ( Listed Below ) 1. Letter from the Parks & Recreation Advisory Board Resolution No. J A-200 (9/80) February 20, 2006 The Honorable Mayor Nick Inzunza And Members of the City Council City of National City 1243 National City Blvd. National City, CA 91950 Dear Mayor Inzunza and Members of the City Council: As members of the National City Parks and Recreation Advisory Board, we respectfully ask the City Council of National City to open the National City Municipal Pool from June through August of this year, rather than from July through September. Opening the pool in June, rather than July, is important because most of the City's lifeguards are college students, whose summer vacations run from June to August, and who are in school in September. Thus, opening the pool in September would require recruiting additional guards. Equally important is the fact that some of the City's summer swim programs, like the "Learn to Swim" programs, and the "Public Open Swim" program, are oriented toward school children on summer vacation. Since school children's summer vacations begin in June and end in August, keeping the pool closed in June would deprive children of these valuable programs for an entire month. Also, since attendance at these programs decreases in September, because the children are back in school, opening the pool i.n September, rather than June, would deprive the City of the large revenue these programs generate. The estimated revenue from the "Learn to Swim" programs, the "Public Open Swim Program," the "Public Night Swim," and the local swim clubs for example, is over $39,000. February 20, 2006 Page 2of2 We therefore strongly urge the Council to open our pool in June. Thank you for considering this request and for working with us to enhance our recreation programs for the children in our community. Respectfully Submitted, Rol Cesena Howard R. Schwitkis Glori. . hom • on Commissioner Commissioner ' .mmi loner • ames Geier, Jr., Chairman Parks & Recreation Advisory Board NATIONAL • CITY •TRANSIT MONTHLY REPORT MARCH-06 Technology ITEM #25 3/21/06 1. The joint NCT-NCPD Security camera pilot project is progressing for placement of Real Time video cameras along a NCT bus route and our project will tie into the NCPD communication Center for direct viewing. We estimate full installation of a probable four (4)-camera system by the end of the 2nd quarter in 2006 at a bus stop location yet to be determined. 2. NCT is evaluating the capability for the new RCS radio system to provide Automatic Vehicle Location (AVL) as part of operations. One benefit would be to provide advance passenger notification of arriving vehicles at selected Bus Stops and Trolley Stations. PERFORMANCE DIVIDENDS MONTH Ridership: Passengers per mi. Passengers per hr. Revenue miles: Revenue Hours: Fare Box recovery (revenue vs. expense) FEB-05 125,804 3.38 39.14 37,199 3,214 50.2% JAN-06 136,726* 3.42 39.39 39,989 3,471 N/A** * One less weekend service day due to Holiday on January 1st (New ** Data delayed due to submission dates PERFORMANCE DIVIDENDS MONTH Road Calls Preventable Accidents Ramp deployments Our on -time performance Customer Complaints Customer Compliments FEB-05 05 01 419 97.6% 03 06 JAN-06 01 0 534 92.0% 01 0 FEB-06 132,055 3.57 41.1 36,975 3,214 N/A** Years Day) FEB- 06 0 0 593 91.5% 02 0 Maintenance: NCT vehicles used 11,771 gallons of low sulfur diesel fuel in February. The average price per gallon was $2.12 compared to $2.044 in January. .CT maintenance personnel performed 06 Preventative Maintenance Inspections (PMI's) and made 60 minor repairs consisting of Driver seat belts, rims, headlamps, clearance lights and graffiti. We also made 19 major repairs consisting of brakes, power steering pump, engine and crank shaft seals and air compressor to our fleet vehicles in January. 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 NCT sent one of our FT Class A Mechanics to a Regional two day maintenance workshop in Sacramento. Items presented and discussed included vehicle AC systems, electronics, tires, and suspensions. We received very positive feedback from our vehicle technician who was very pleased to represent us at this event and for the opportunity for additional training. MTS-COA MTS is in Phase II of their "Comprehensive Operational Analysis" (C.O.A.) which as its goal is to "Evaluate and restructure MTS services and operations to more efficiently serve the region's transit needs and meet operational transportation goals within the constraints of the current financial and operating environment." Phase II is focusing on achieving long-term financial sustainability through increased dridership, rproductivity, and operational efficiency. Public Hearings have been set for March 2 , 8th and 9 and if approved have a significant impact on routes operating in National City. NCT participates and is a member of many standing Transportation Committees at MTDB and SANDAG such as the 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 we are an active advocate for Local, Regional, and National Transit related ;issues. NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, Economic Development and Public Safety Committees and I serve on the Executive Board as the 2005 Past President. I am also a participant on the NCPD Chief of Police advisory and safety camera/ procedures and policies committees and have accepted a volunteer position on the Board of Directors for Morgan Square (PBID). Community Collaboration NCT made available for the NCPD SWAT Team a Transit Bus at our facility to conduct a training exercise on Monday, February 27th. The NCPD team was able to train for possible bus hostage situations using actual equipment that they might encounter during a real life situation. We also discussed the possibility of installing additional on board cameras that would allow for real time viewing by their team during crisis situations and we will be exploring that option in the near future. 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 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. Submitted: Marsh 10, 2006 hn 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 TOTAL RIDERSHIP ■ Dec-05 ■ Jan-06 ❑ Feb-06 ( ,,,.-,G4.:A-:" 1..14 44a:airaiatwow.,' 14. 4,44" THAILEM HEIGHT: Can*ft City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 03/21/06 AGENDA ITEM NO. 25 ITEM TITLE Annual Financial Reports and Audit Review for the Fiscal Year Ended June 30, 2005 Bill Yeomans PREPARED BY Interim Finance ctor DEPARTMENT Finance x 4331 EXPLANATION Transmitted herewith is the City of National City's Annual Financial Report for the fiscal year ended June 30, 2005, the Single Audit Report on Federal Awards, and the Annual Financial Report of the Transportation Development Act Funds prepared with Mayer Hoffman McCann, P.C. (formerly Conrad and Associates, L.L.P.), our external auditors. The reports include all agencies under the control of the City Council including the Community Development Commission. The auditors have conducted their examination of the financial statements in accordance with generally accepted auditing standards and expressed a clean opinion of those statements. Environmental Review X N/A Financial Statement Most funds have higher balances than expected in the FY 2005-06 budget especially the General Fund which bene- fited from frugality in the Police and Non -Departmental activities and from higher than expected Sales Tax. STAFF RECOMMENDATION Approve and File BOARD / COMMISSION RECOMMENDATION N/A Account No. ATTACHMENTS ( Listed Below) Resolution No. 1. Annual Financial Report as of June 30, 2005 2. Single Audit Report on Federal Awards 3. Annual Financial Report of the Transportation Development Act A-200 (9/80) CITY OF NATIONAL CITY NATIONAL CITY, CALIFORNIA Single Audit Report on Federal Awards Year ended June 30, 2005 P1 CITY OF NATIONAL CITY Single Audit Report on Federal Awards Year ended June 30, 2005 TABLE OF CONTENTS Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Report on Compliance with Requirements Applicable to each Major Prograin and on Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards in Accordance with OMB Circular A-133 Schedule Page 1 Schedule of Expenditures of Federal Awards 5 Notes to the Schedule of Expenditures of Federal Awards 6 Supplementary Information: Financial Data Schedule A-1 7 Schedule of Findings and Questioned Costs 8 Summary Schedule of Prior Audit Findings 10 P2 CONRAD AND ASSOCIATES, L..L .P CERTIFIED PUBLIC ACCOUNTANTS 2301 DUPONT DRIVE, SUITE 200 IRVINE, CALIFORNIA 92612 (949) 474-2020 Fax (949) 263-5520 Honorable Members of the City Council City of National City, California REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS We have audited the financial statements of the City of National City, California, as of and for the year ended June 30, 2005, and have issued our report thereon dated December 21, 2005. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City of National City's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control over financial reporting. However, we noted certain matters involving the internal control over financial reporting and its operation that we consider to be reportable conditions. Reportable conditions involve matters corning to our attention relating to significant deficiencies in the design or operation of the internalcontrol over financial reporting that, in our judgment, could adversely affect the City of National City's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. The reportable condition is described in the accompanying schedule of findings as item 05-01. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fi-aud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However, we considered the reportable condition described above as item 05-01 to be a material weakness. We also noted other immaterial matters involving internal control over financial reporting which we have reported to management in a separate letter dated December 21, 2005. 1 MEMBERS OF AICPAAND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION P3 Honorable Members of the City Council City of National City, California Page Two Compliance and Other Matters As part of obtaining reasonable assurance about whether the City of National City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. However, we noted certain immaterial instances of noncompliance, which we have reported to management in a separate letter dated December 21, 2005. This report is intended solely for the information and use of the City's management and City Council and is not intended to be and should not be used by anyone other than these specified parties. 6,4ra e/stmdl4.4u e.,;6; L • l - December 21, 2005 2 P4 CONRAD AND ASSOCIATES, L.L.P. CERTIFIED PUBLIC ACCOUNTANTS 2301 DUPONT DRIVE, SUITE 200 IRVINE, CALIFORNIA 92612 (949) 474-2020 Fax (949) 263-5520 Honorable Members of the City Council City of National City, California REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE AND ON THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS IN ACCORDANCE WITH OMB CIRCULAR A-133 Compliance We have audited the compliance of the City of National City, California, with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that are applicable to each of its major federal programs for the year ended .June 30, 2005. The City of National City's major federal programs are identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts and grants applicableto each of its major federal programs is the responsibility of the City of National City's management. Our responsibility is to express an opinion on the City of National City's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City of National City, California's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on the City of National City's compliance with those requirements. hn our opinion, the City of National City complied, in all material respects, with the requirements referred to above that are applicable to its major federal program for the year ended June 30, 2005. Internal Control Over Compliance The management of the City of National City is responsible forestablishing and maintaining effective .internal control over compliance with requirements of laws, regulations, contracts and grants applicable to federal programs. In planning and performing our audit, we considered the City of National City's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133. 3 MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION P5 Honorable Members of the City Council City of National City, California Page Two Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulations, contracts and grants caused by error of fraud that would be material in relation to a major federal program being audited may occur and not be detected within a timely period by employees in the normal course of performing their. assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. Schedule of Expenditures of Federal Awards and Financial Data Schedule We have audited the basic financial statements of the City of National City as of and for the year ended June 30, 2005, and have issued our report thereon dated December 21, 2005. Our audit was performed for the purpose of forming an opinion on the basic financial statements taken as a whole. The accompanying Schedule of Expenditures of Federal Awards and Financial Data Schedule are presented for purposes of additional analysis as required by OMB Circular A-133 and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. This report is intended for the information of the City's management, federal awarding agencies and pass -through entities and is not intended to be and should not be used by anyone other than those specified parties. (14.2,1.HI &_i December 21, 2005 de" /..1 /1 P6 CITY OF NATIONAL CITY Schedule of Expenditures of Federal Awards Year ended June 30, 2005 Federal Grantor/ Pass -through Grantor/ Program Title U.S. Department of Health and Human Services Passed through the County of San Diego: Special Programs for the Aging, Title III, Part C. U.S. Department of Housing and Urban Development Direct assistance: Comrnunity Development I3lock Grant - Entitlement Program Home Program - Entitlement Program Section 8 Housing Choice Vouchers Section 8 Housing Choice - Morgan Towers** Supportive Housing for the Elderly - Morgan Towers Lead Hazard Control Grant Total U.S. Department of Housing and Urban Development U.S. Department ofJustice Direct assistance: Local Law Enforcement Block Grant COPS in Schools Passed through the State of California Office of Criminal Justice Planning: Jurisdictions United for Drug Gang Enforcement Program Total U.S. Department ofJustice U.S. Department of Transportation Passed through State of California Department of Transportation: Highway Bridge Rehabilitation Total U.S. Department of Transportation Executive Office of the President - Office of National Drug Control Policy Passed through the City of San Diego Police Department: High Intensity Drug Trafficking Areas Federal Bureau of Investigation Passed through the San Diego County Regional Auto Theft Task Force: RATT Overtime Total Federal Financial Assistance Expenditures Program Identification Number 388636 B-02-MC-06-0560 M-02-MC-06-0522 CAI16V0 CA60006011 CA60006011 CALHB0238-03 Federal Domestic Assistance Number Federal Financial Assistance Expenditures 93.045 $ 375,291 14.218 14.239 14.871 14.871 14.157 14.900 2004LBBX1137 16.592 2002SHWX0152 16.710 DCO21.50370 16.581 5066 (004) I8PSCP55 N/A * Major Program ** See Note 1(d) in the Notes to the Schedule of Federal Awards for HUD required information. The accompanying notes are an integral part of this schedule. 5 20.205 N/A N/A 1,324,000 666,000 8,307,060 * 498,690 * 3,328,141 * 694,326 14,818,217 .32,057 20,162 53,829 106,048 5,837 5,837 65,731 53,761 $ 15,424,885 P7 CITY OF NATIONAL CITY, CALIFORNIA Notes to the Schedule of Expenditures of Federal Awards Year ended June 30, 2005 (1) Summary of Significant Accounting Policies Applicable to the Schedule of Expenditures of Federal Awards (a) Scope of Presentation The accompanying schedule presents only the expenditures incurred (and related awards received) by the City of National City, California (City) which are reimbursable under federal programs of federal financial assistance. For purposes of this schedule, federal awards include both federal financial assistance received directly from a federal agency, as well as federal funds received indirectly by the City from non-federal organizations. Only the portion of program expenditures reimbursable with such federal funds are reported in the accompanying schedule. Program_ expenditures in excess of the maximum federal reimbursement authorized and the portion of program expenditures that were funded with state, local or other non-federal funds are excluded from the accompanying schedule. (b) Basis of Accounting The expenditures included in the accompanying schedule were reported on the modified accrual basis of accounting. Under the modified accrual basis of accounting, expenditures are recognized when the City becomes obligated for payment as a result of the receipt of the related goods and services. Expenditures reported include any property or equipment acquisitions incurred under the Federal program. (c) Subrecipients There were no payments to subrecipients for the year ended June 30, 2005. (d) Supplementary Information Required by HUD — Financial Data Schedule The financial data schedule supplementary information required by the U.S. Department of Housing and Urban Development (HUD) for the Morgan Towers Section 8 Housing Choice Voucher program is reported in a separate report entitled "Morgan Towers Financial Statements and Single Audit Report for the year ended June 30, 2005", dated September 8, 2005. These financial statements may be obtained from the Community Development Commission of the City of National City located at 140 East 12th Street, Suite B, National City, CA 91950. 6 P8 CITY OF NATIONAL CITY Financial Data Schedule June 30, 2005 Assets Current assets: Cash and investments Total current assets Non -current assets: Prepaid items and deposits Total non -current assets Total assets Section 8 Housing Assistance 651,567 651,567 3,386 3,386 654,953 Liabilities and Fund Balance Current liabilities: Accounts payable and accrued liabilities $ 197,210 Due to other fiords 1,210,146 Total current liabilities 1,407,356 Total liabilities 1,407,356 Fund balance: Undesignated fund balance (752,403) Total liabilities and fund balance $ 654,953 Revenues: Housing assistance voucher program $ 8,307,062 Miscellaneous revenue 4,418 Investment income 37,587 Total revenues 8,349,067 Expenditures: Administrative Special services Operating and maintenance expenditures Housing assistance payments Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfer out Total other financing sources (uses) Net change in fund balance Beginning fund balance Ending fund balance Schedule A-1 688,132 218,028 258,970 7,162,357 8,327,487 21,580 (1,165,471) (1,165,471) (1,143,891) 391,488 $ (752,403) P9 CITY OF NATIONAL CITY, CALIFORNIA Schedule of Findings and Questioned Costs Year ended June 30, 2005 (A) Summary of Auditors' Results 1. An unqualified report was issued by the auditors on the financial statements of the auditee. 2. There was one reportable condition in internal control over financial reporting that we described as item (05-1). below. We considered this reportable condition to be a material weakness. We also noted other immaterial matters over internal control over financial reporting that we have reported to the management of the City of National City, California in a separate letter dated December 21, 2005. 3. The audit disclosed no instance of noncompliance that was material to the financial statements of the auditee. However, we noted other immaterial matters of noncompliance that we have reported to the management of the City of National City in a separate letter dated December 21, 2005. 4. There were no material weaknesses or other reportable conditions in internal control over the major programs of the auditee. 5. An unqualified report was issued by the auditors on compliance for major programs. 6. The audit disclosed no audit findings over federal awards required by the auditors to be reported under paragraph .510(a) of OMB Circular A-133. 7. The major programs of the auditee were the Section 8 Housing Assistance Payment Program — Voucher Program, CFDA #14.871 and Supportive Housing for the Elderly, CFDA #14.157. 8. The dollar threshold used to distinguish Type A and Type B programs was $462,747. 9. The auditee was not considered to be a low risk auditee for the year ended June 30, 2005 for the purposes of determining major programs. (B) Findings Related to the Financial Statements which are Required to be Reported in Accordance with GAGAS (05-01) Inadequate Internal Controls over Cash and Investments During our review of internal controls over cash and investments, we noted that the cash and investment portfolios for the Community Development Conunission (CDC) (including cash and investments held by their respective fiscal agent) had not been reconciled to the general ledger in a timely mariner requiring certain unsupported adjustments to be made at year end in order for cash and investments to balance to the general ledger. Sound internal controls dictate that the individuals in charge of reconciling the investment portfolios to the general ledger ensure that all cash and investment activities (i.e., purchases, sales, transfers, interest earnings) P10 CITY OF NATIONAL CITY, CALIFORNIA Schedule of Findings and Questioned Costs (Continued) (B) Findings Related to the Financial Statements which are Required to be Reported in Accordance with GAGAS, (Continued) (05-01) Inadequate Internal Controls over Cash and Investments, (Continued) have been accurately and timely recorded in the general ledger. This monthly procedure should be done soon after month end in order to efficiently detect and resolve any discrepancies or unauthorized transactions that might occur, Recommendation We recommend that the CDC use the original monthly investment statements received directly from the various financial institutions to reconcile and record all cash and investment activity to the general ledger on a regular monthly basis. We further recommend that the City and CDC consider the use of a third party custodian in performing investment transactions for all investments held. The involvement of a third party custodian (separate and distinct from the institution that executes the investment purchase on the City and CDC's behalf) enhances the internal controls over investments by decreasing the risk of fraud by the counter party, the party that makes the investment purchase. Management Response Since the completion of the audit, the responsibility of reconciliation of cash and investments has been assigned to a staff member and will be completed within 45 days of the month end. Should these reconciliations not be completed within a timely manner, a written explanation will be provided to the Finance Director. Furthermore, these reconciliations will be reviewed by another to ensure timely and accurate recordings. With the merger of the CDC with the City of National City, the costs and benefits of obtaining a third party custodian in performing investment transactions for both the CDC and the City will be considered by the Investment Committee. (C) Findings and Questioned Costs for Federal Awards as Defined in Paragraph .510(a) at OMB CircularA-133 There are no auditors' findings to be reported in accordancewith paragraph .510(a) at OMB Circular A-133. 9 CITY OF NATIONAL CITY, CALIFORNIA Summary Schedule of Prior Audit Findings Year ended June 30, 2005 The following are the status of the audit findings for the year ended June 30, 2004: 04-1 Inadequate Internal Controls over Cash and Investments Matter was not resolved and therefore was repeated as an audit finding in the current year. 04-02 Internal Control over Payroll Matter was resolved. The City implemented the recommendation that changes to the payroll master file be performed by a person independent of the payroll process. 10 P12 This report is solely intended for the information and use of the management, City Council and federal awarding agencies and is not intended to be and should not be used by anyone other than these specified parties. January 26, 2005 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE5 March 21, 2006 AGENDA ITEM NO. 27 ii:rEm TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO1-- THE PERIOD OF 02/25/06 THROUGH 03/07/06 OF $389,617 Jeanette Ladrid PREPARED BY 619-336-4251 EXPLANATION See attached report. DEPARTMENT CDC— Finance Environmental Review ✓ N/A Financial Statement Total expenditures for the period of 02/25/06 THROUGH 03/07/06 amount to $389,617.18. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 02/25/06 through 03/07/2006 A-200 (9/80) FOR MEETING OF MARCH 7, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 02/25/06 - 03/07/06 Payee CDC AEP WORKSHOPS AT SYSTEMS WEST, INC. CORPORATE EXPRESS INC ENVIRONMENTAL BUSINESS SOLUTIONS FERNANDEZ. GLORIA GE CAPITAL H. M. PITT LABS, INC. HARRIS & ASSOCIATES PITNEY BOWES PORTILLO CONCRETE, INC. SAN DIEGO GAS & ELECTRIC SAN DIEGO NEIGHBORHOOD NEWS SECURE PROTECTIVE SERVICES UNION TRIBUNE URBAN CORPS OF SAN DIEGO XEROX CORPORATION ARROWHEAD MTN SPRING WTR CO. BEST BEST & KRIEGER CONRAD AND ASSOCIATES, LLP CORPORATE EXPRESS INC ENVIRONMENTAL BUSINESS SOLUTIONS FOLEY & LARDNER MAYER REPROGRAPHICS, INC. NATIONAL CONSTRUCTION RENTALS PERVO TRAFFIC CENTER ROSENOW SPEVACEK GROUP INC. STATE COMPENSATION INSURANCE TETRA TECH, ISG #1 THE LATINO UNITY COALITION NUTRITION SYSCO SAN DIEGO SYSCO SAN DIEGO CDBG PASACAT TRAINING & DEVELOPMENT ASSOC. ARROWHEAD MTN SPRING WTR CO. CORPORATE EXPRESS INC GMAC MORTGAGE PITNEY BOWES EQUIFAX CREDIT INFORMATION SVS GMAC MORTGAGE PIP PRINTING STATE COMPENSATION INSURANCE PAYROLL Description 2006 SPRING CEQA WORKSHOP ON 03/09/06 ARMORED CAR SERVICES FOR 02/06 OFFICE SUPPLIES ENVIRONMENTAL CONSULTING EMPLOYEE CLOSED BANK ACCT LEASE PAYMENT FOR 01/2006 ENVIRONMENTAL TESTING-OLSON PROJ ENGINEERING SERVICES FOR VARIOUS PROJECT RENTAL FEES FOR OFF EQPT FOR 01/06 & 02/ PROF SERVICES FOR HIGHLAND AVE UTULITIES FOR 921 A AVENUE THRU 02/16/06 ADVERTISING OF PUBLIC NOTICES PROTECTIVE SERVICES AT DAYS INN CLERICAL ADVERTISING WATERING SERVICES AT HIGHLAND AVE OFFICE EQPT LEASE FOR 01/06 WATER SERVICE FOR 02/2006 LEGAL SERVICES FOR WRIT OF MANDATE BILLING FOR CDC AUDIT FOR FY 04-05 CDC OFFICE SUPPLIES ENVIRONMENTAL CONSULTING FOR PARK VILLAG LEGAL SERVICES FOR VARIOUS PROJECTS PRINTING SERVICES FOR HIGHLAND AVE FENCE RENTAL FOR 1640 E. PLAZA BLVD PRINTING SERVICES FOR HIGHLAND AVE CONSULTING SERVICES FOR REDEVELOPMENT WORKERS' COMP FOR 01/2006 PROF SERVICES FOR HIGHLAND AVE PROMO 8TH ANNUAL CESAR CHAVEZ BREAKFAST SUBTOTAL - CDC: CONSUMABLES FOR NCNP CONSUMABLES FOR NCNP SUBTOTAL - NUTRITION: CDBG REIMBURSEMENT FOR 02/2006 CDBG TRAINING, LESLIE DEESE SUBTOTAL - CDBG: TOTAL - GENERAL FUND: SECTION 8 WATER SERVICE FOR 01/06. SECTION 8 OFFICE SUPPLIES OFFICE RENTAL FOR SEC 8 FOR 02/2006 RENTAL FEES FOR OFF EQPT FOR 01/06 & 02/ S8 CREDIT REPORTS FOR PAPP/PART S8 OFFICE RENTAL FOR 03/2006 S8 ENVELOPES & BRIEFING PACKETS WORKERS' COMP FOR 01/2006 TOTAL - SECTION 8: PPE 02/24/2006 TOTAL - ADMINISTRATIVE REVOLVING FUND: Chk No Amount 15800 160.00 15801 710.60 15802 247.34 15803 9,058.13 15804 25.00 15805 435.20 15806 1,000.00 15807 2,550.00 15809 350.00 15810 214,892.10 15811 567.36 15812 440.76 15813 2,503.20 15816 254.20 15817 720.00 15818 661.71 15819 34.47 15820 14,004.54 15821 3,000.00 15822 36.66 15823 560.33 15824 3,889.30 15825 380.41 15826 440.85 15827 552.98 15828 806.25 15829 4,755.05 15831 3,773.27 15832 300.00 267,109.71 15814 252.30 15830 1,359.58 1,611.88 15808 10,000.00 15815 549.00 10,549.00 279,270.59 10154 32.31 10155 327.74 10156 3,527.50 10157 350.00 10158 52.69 10159 3,790.42 10160 688.41 10161 937.05 9,706.12 $100,640.47 $100,640.47 TOTAL OF ALL FUNDS: $389,617.18 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 21,7006 28 AGENDA ITEM NO ITEM TITLE Resolution — Approving an agreement with Overland Pacific & Cutler Inc., for relocation services associated with Park Village and authorizing the Chairman to execute the agreement. PREPARED BY David Parsons CDC Project Manager (619) 336-4297 EXPLANATION The Park Village project is in a position to move forward with respect to acquisition and requires the use of professional relocation services. As the Community Development Commission's ("CDC") existing agreement for relocation has expired, the CDC Board will need to approve a new agreement to facilitate relocation activities associated with implementing the Park Village project. Management of orderly relocation activities will help keep the proposed project on schedule. The Executive Director is authorized to extend the contract for not more than twelve (12) months if necessitated by non -Contractor caused delays. DEPARTMENT 1'?I4) Community Development Commission Environmental Review The proposed agreement is exempt from CEQA review. Financial Statement Under the terms of the proposed Agreement, the total fee will not exceed $40,250 from the effective date until March 21, 2007. Funding is budgeted and available in the 2005- 06 Fiscal -Year CDC Budget, as adopted. Account No STAFF RECOMMENDATION Consideration of resolution adopting agreement. BOARD / COMMISSION RECOMMENDATION Adopt resolution approving the agreement with Overland Pacific & Cutler for professional relocation services associated with the Park Village project and authorizing the Chairman to execute the agreement. J ATTACHMENTS 1. Background Report 2. Agreement Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH OVERLAND PACIFIC & CUTLER INC. FOR RELOCATION SERVICES ASSOCIATED WITH PARK VILLAGE WHEREAS, the Community Development Commission (CDC) is implementing the National City Redevelopment Plan and the Downtown Specific Plan; and WHEREAS, with the significant progress that is being made on the Park Village and Pacific View project, Staff is anticipating the need to have an acquisition and relocation consultant retained so that the CDC may proceed in a timely manner when the need for such expertise is warranted; and WHEREAS, the CDC desires to have Overland Pacific & Cutler, Inc. provide acquisition and relocation services associated with Park Village; and WHEREAS, Overland Pacific & Cutler, Inc. is well respected within the relocation arena, serving cities throughout Southern California; and WHEREAS, the CDC has determined that Overland Pacific & Cutler Inc. is qualified by experience and ability to perform relocation services, and Overland Pacific & Cutler Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute the Agreement with Overland Pacific & Cutler, Inc. to provide acquisition and relocation services associated with Park Village for a fee not to exceed $40,250. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 21st day of March 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT 1 BACKGROUND REPORT The Park Village project is located within the Downtown Specific Plan area. It will include two hundred twenty-seven (227) condominium residential units, fourteen thousand (14,000) square feet of retail space, approximately three hundred fifty-two (352) residential parking spaces, fifty (50) retail parking spaces and other on -site improvements on the block bounded by National City Boulevard, 11th Street, Plaza Boulevard and Roosevelt Street. On February 22, 2005 the Community Development Commission ("CDC") approved an Owner Participation Agreement ("OPA") with Beauchamp Family Trust for development of the Park Village Project. On December 13, 2005, a First Amendment to the OPA was approved, assigning development rights and responsibilities for the project to AARB, LLC. The CDC approved the 33433 Report and Reuse Analysis at its meeting of January 24, 2006. In order to proceed with potential Redevelopment Agency acquisition of property, professional relocation services must be retained to assist those occupants potentially affected by the acquisition and proposed development. Environmental Impact: A Program Environmental Impact Report has been adopted for the Downtown Specific Plan, in accordance with CEQA Guidelines. The project has been determined to be consistent with the Downtown Specific Plan. Pursuant to Section 15182(a) of the California Environmental Quality Act, the project is deemed exempt from further CEQA review. AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND OVERLAND PACIFIC & CUTLER, INCORPORATED THIS AGREEMENT is entered into this 21st day of March 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and Overland Pacific & Cutler, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ CONTRACTOR to provide relocation consultant services for the Park Village Project (the "PROJECT") located on National City Boulevard in National City, CA; and WHEREAS, the PROJECT is now in the position to move forward and implement the required relocation services; and WHEREAS, the original AGREEMENT with the CONTRACTOR has since expired, thereby requiring approval of a new AGREEMENT; and WHEREAS, the CDC has determined that the CONTRACTOR is a qualified and experienced relocation consultant and has ability to perform the services desired by the CDC; and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC 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 CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall provide periodical updates to keep staff and the CDC advised of the progress on the PROJECT. 1 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC 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. Vince McCaw 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 $40,250. 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 CDC. 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 CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. All relocation consultant services as set forth in Exhibit A, shall be completed by March 21, 2007. The Executive Director shall have the authority to extend this agreement for a period of up to twelve (12) months in the event that circumstances outside of the Contractor's control delay completion of the Project. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The memoranda, reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR for the PROJECT, whether paper or electronic, shall become the property of the CDC for use with respect to this PROJECT, and shall be turned over to the CDC 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 CDC, 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 CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC 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 CDC'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. 2 Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC 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 CONTRACTOR nor the CONTRACTOR'S employees are employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC'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 CDC 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 CDC. 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 CDC 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 CDC, it being understood that the CONTRACTOR, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONTRACTOR's obligations to the CDC 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 pursuant to this AGREEMENT. 3 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. 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. Unless disclosed in writing prior to the date of this AGREEMENT, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, or arbitration proceedings concerning the CONTRACTOR's professional performance, or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the PROJECT the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the PROJECT documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC'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 CDC setting forth the provisions of this non-discrimination clause. 4 13. CONFIDENTIAL INFORMATION. The CDC 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 CDC. 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. 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 CDC. 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 CDC 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 defend, indemnify, and hold harmless the Community Development Commission of 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 CONTRACTOR's negligent 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 CDC 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 CDC 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. 5 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: ® 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. employees. D. Workers' compensation insurance covering all of CONTRACTOR's E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, and employees so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC 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 CDC may elect to treat the failure to maintain the requisite insurance as a breach of this AGREEMENT and terminate the AGREEMENT as provided herein. 6 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 judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC 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 CDC. 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 CDC 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 CDC. 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 CDC, 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 CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC 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, fax or email; 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, fax or email, 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 CDC: To the CONTRACTOR: Patricia Beard Redevelopment Projects Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4397 Overland, Pacific & Cutler Inc. Attention: John Cutler, President 100 W. Broadway, Suite 500 Long Beach, CA 90802-4451 Fax: (562) 304-2020 Email: jCutler@opcservices.com 8 With a copy to: Overland, Pacific & Cutler, Inc. Attention: Vince McCaw, Senior Project Manager 3170 Fourth Avenue, 2nd Floor San Diego, CA 92103-5850 Fax: (619) 688-7985 Email: vMcCaw@opcservices.com 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 Community Development Commission 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 CDC 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 CDC 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 CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC 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. 9 B. Counterparts. This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this AGREEMENT are solely for the convenience of the parties hereto, are not a part of this AGREEMENT, and shall not be used for the interpretation or determination of the validity of this AGREEMENT or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this AGREEMENT shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this AGREEMENT. The terms of this AGREEMENT may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this AGREEMENT shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. I. 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. 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY OVERLAND PACIFIC & CUTLER, INC. By: By: Chris Zapata, Executive Director John Cutler, President APPROVED AS TO FORM: By: George H. Eiser, III CDC Legal Counsel (Remainder of page intentionally left blank) 11 EXHIBIT A SCOPE OF SERVICES Relocation Plan Preparation CONTRACTOR project approach will be refined after our initial kick-off meeting and after a through review of all elements at hand. The active steps in the relocation plan preparation process are: 1. Interview all potentially affected occupants to determine relocation needs. This includes a business needs analysis including: the number of employees at the location, special licensing or zoning needs, needed permits, information on trade areas, special moving requirements, etc. The interview also queries household information such as: the number, ages and gender of all occupants, income of the household, distance to employment and utilized neighborhood services, special needs of the household, etc. 2. Research the marketplace for available replacement locations and/or establish rent schedules for compiling project costs. 3. Complile available housing and business replacement sites. 4. Calculate potential project costs. 5. Draft relocation plan for presentation to client. 6. Make the plan available for public inspection. 7. Make any needed revisions brought up during the public inspection period. Relocation Assistance Program Implementation CONTRACTOR shall follow the Uniform Relocation and Real Property Acquisition Policies and Title 25 — Housing and Community Development (California Code of Regulations) to implement a controlled relocation assistance program consistent with law and with CDC's goals. Specific tasks shall include the following activities necessary for the effective relocation of residential occupants: 1. Conduct personal, on -site interviews of prospective displacees to ascertain relocation housing needs and special requirements. 2. Inform displaced persons of available relocation assistance services and benefits, and explain relocation process. 3. Provide displacees with on -going advisory assistance to minimize their hardship, including referrals to and coordination with community service resources, public housing and other public services, as necessary. 4. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day Notices to Vacate, and other notices, as may be required. 5. Provide written referrals to replacement housing and physically assist displacees in locating replacement housing, including transporting individuals to view replacement sites, if necessary. 12 6. Prepare replacement housing/down payment assistance entitlement reports for displaced households. 7. Determine eligibility for and proposed amount of relocation benefits, including moving payments, rental/down payment assistance, and replacement housing payments. 8. Inspect replacement dwellings to determine if they meet "decent, safe and sanitary" requirements. 9. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms, and submit claim forms to CDC for processing and payment. 10. Monitor the move to replacement site, as necessary. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide CDC with periodic standard status reports. 13. Provide statutorily required relocation assistance services to residents and the preparation of a relocation plan in compliance with Section 6038 of the State relocation guidelines. Conduct the following activities necessary for the effective relocation of non-residential occupants: 1. Conduct personal, on -site interviews of prospective displacees to ascertain relocation housing needs and special requirements. 2. Inform displaced business of available relocation assistance services and benefits, and explain relocation process. 3. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day Notices to Vacate, and other notices, as may be required. 4. Assist displaces in locating replacement business sites and provide a required number of written referrals to same. 5. Provide on -going advisory assistance to business displaces, including lists of qualified movers and vendors. 6. Prepare specifications for the move and inventory of personal property, insuring through coordination with the CDC staff and/or legal counsel, that no real property is included on the personal property inventory list. 7. Coordinate the walk-through for a minimum of two bids and move estimates with movers and the displaced business. 8. Monitor the actual move to replacement site and re-establishment activities, as necessary. 9. Determine eligibility for and proposed amount of relocation benefits, including actual and reasonable moving payments, re-establishment payments, and fixed payments. 13 * Represents not to exceed amount 10. Prepare all applicable benefit claim forms, secure claimant's signature on claim forms, and submit claim form to CDC for processing and payment. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide the CDC with periodic standard status reports. COMPENSATION & PAYMENT Project Planning & Management: $5,250 Relocation Plan Preparation: $2,500 Relocation Assistance Services (Based one residential case at $2,500 per case and eight business cases at $3,750 per case) $32,500 TOTAL: $40,250* For activities associated with the Scope of Services, CONTRACTOR shall submit monthly invoices for relocation services rendered based on the hourly rate schedule provided below with the understanding that the CONTRACTOR'S total hourly billing shall not exceed the project maximum contract amount without prior authorization from the CDC Executitive Director. Upon completion of services, any remaining balance of the project maximum (only per cases actually relocated) contract amount shall become immediately due and payable. HOURLY RATE SCHEDULE Corporate Officer $175 per hour Regional Manager $135 per hour Sr. Project Manager $120 per hour Project Manager $110 per hour Senior Acquisition/Relocation Consultant $100 per hour Acquisition/Relocation Consultant/Analyst $ 85 per hour Real Estate Technician/Escrow Officer/Project Support $ 60 per hour Secretarial/Clerical $ 40 per hour CONTRACTOR includes photocopying, . postage, telephone, facsimile and cellular communication charges within their stated hourly rates. For out-of-pocket expenses, including pre -approved travel and lodging, outside exhibit preparation, requested overnight courier charges, and speciality reproduction will be charged at cost plus 10% to cover administration, coordination and handling. Subcontracted services (other than those listed above) will be invoiced at cost plus 10%. In the event CONSULTANT is required, for any reason, by court order or at the request of CLIENT, to perform any act in relation to litigation arising out of this, or any project of CLIENT, whether that be expert consulting or responding to a complaint and proceeding with discovery and trial, such services are not part of this contract, nor are they part of our normal fees and, if required, shall be invoiced at two times hourly rates. In the event this contract extends twelve (12) months beyond the initial date of execution first written above, the hourly rates of this EXHIBIT "A" shall be adjusted upwardly by approximately five percent (5%) per annum, compounded annually, on the anniversary date of this contract unless, and until this contract is terminated by either party, hereto, in writing. 14 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. // // // // // // // // // // // // Signature Page to Follow 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OVERLAND PACIFIC & CUTLER, INC. OF THE CITY OF NATIONAL CITY By: By: Chris Zapata, Executive Director John Cutler, President APPROVED AS TO FORM: By: George H. Eiser, III CDC Legal Counsel 12 EXHIBIT A SCOPE OF SERVICES Relocation Plan Preparation CONTRACTOR project approach for each project will be refined after a through review of all elements at hand. The active steps in the relocation plan preparation process are: 1. Interview all potentially affected occupants to determine relocation needs. This includes a business needs analysis including: the number of employees at the location, special licensing or zoning needs, needed permits, information on trade areas, special moving requirements, etc. The interview also queries household information such as: the number, ages and gender of all occupants, income of the household, distance to employment and utilized neighborhood services, special needs of the household, etc. 2. Research the marketplace for available replacement locations and/or establish rent schedules for compiling project costs. 3. Complile available housing and business replacement sites. 4. Calculate potential project costs. 5. Draft relocation plan for presentation to client. 6. Make the plan available for public inspection. 7. Make any needed revisions brought up during the public inspection period. Relocation Assistance Program Implementation CONTRACTOR shall follow the Uniform Relocation and Real Property Acquisition Policies and Title 25 — Housing and Community Development (California Code of Regulations) to implement a controlled relocation assistance program consistent with law and with CDC's goals. Specific tasks shall include the following activities necessary for the effective relocation of residential occupants: 1. Conduct personal, on -site interviews of prospective displacees to ascertain relocation housing needs and special requirements. 2. Inform displaced persons of available relocation assistance services and benefits, and explain relocation process. 3. Provide displacees with on -going advisory assistance to minimize their hardship, including referrals to and coordination with community service resources, public housing and other public services, as necessary. 4. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day Notices to Vacate, and other notices, as may be required. 13 5. Provide written referrals to replacement housing and physically assist displacees in locating replacement housing, including transporting individuals to view replacement sites, if necessary. 6. Prepare replacement housing/down payment assistance entitlement reports for displaced households. 7. Determine eligibility for and proposed amount of relocation benefits, including moving payments, rental/down payment assistance, and replacement housing payments. 8. Inspect replacement dwellings to determine if they meet "decent, safe and sanitary" requirements. 9. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms, and submit claim forms to CDC for processing and payment. 10. Monitor the move to replacement site, as necessary. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide CDC with periodic standard status reports. 13. Provide statutorily required relocation assistance services to residents and the preparation of a relocation plan in compliance with Section 6038 of the State relocation guidelines. Conduct the following activities necessary for the effective relocation of non-residential occupants: 1. Conduct personal, on -site interviews of prospective displacees to ascertain relocation housing needs and special requirements. 2. Inform displaced business of available relocation assistance services and benefits, and explain relocation process. 3. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day Notices to Vacate, and other notices, as may be required. 4. Assist displaces in locating replacement business sites and provide a required number of written referrals to same. 5. Provide on -going advisory assistance to business displaces, including lists of qualified movers and vendors. 6. Prepare specifications for the move and inventory of personal property, insuring through coordination with the CDC staff and/or legal counsel, that no real property is included on the personal property inventory list. 7. Coordinate the walk-through for a minimum of two bids and move estimates with movers and the displaced business. 14 8. Monitor the actual move to replacement site and re-establishment activities, as necessary. 9. Determine eligibility for and proposed amount of relocation benefits, including actual and reasonable moving payments, re-establishment payments, and fixed payments. 10. Prepare all applicable benefit claim forms, secure claimant's signature on claim forms, and submit claim form to CDC for processing and payment. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide the CDC with periodic standard status reports. COMPENSATION & PAYMENT Pacific View Terraces: Project Management: $1,500 Relocation Plan Preparation: Complete Residential Relocation Assistance Services (3 cases (4 $2,500 per case) $7,500 TOTAL: $9,000* *Represents not to exceed amount For activities associated with the Scope of Services, CONTRACTOR shall submit monthly invoices for relocation services rendered based on the hourly rate schedule provided below with the understanding that the CONTRACTOR'S total hourly billing shall not exceed the project maximum contract amount without prior authorization from the CDC Executitive Director. Upon completion of services for the Pacific View Terraces project, any remaining balance of the project maximum (only per cases actually relocated) contract amount shall become immediately due and payable. All work will be billed at the following rates, including other "as needed" projects: HOURLY RATE SCHEDULE Corporate Officer $175 per hour Regional Manager $135 per hour Sr. Project Manager $120 per hour Project Manager $110 per hour Senior Acquisition/Relocation Consultant $100 per hour Acquisition/Relocation Consultant/Analyst $ 85 per hour Real Estate Technician/Escrow Officer/Project Support $ 60 per hour Secretarial/Clerical $ 40 per hour CONTRACTOR includes photocopying, postage, telephone, facsimile and cellular communication charges within their stated hourly rates. For out-of-pocket expenses, including pre -approved travel and lodging, outside exhibit preparation, requested overnight courier charges, and speciality reproduction will be charged at cost plus 10% to cover administration, coordination and handling. Subcontracted services (other than those listed above) will be invoiced at cost plus 10%. 15 In the event CONSULTANT is required, for any reason, by court order or at the request of CLIENT, to perform any act in relation to litigation arising out of this, or any project of CLIENT, whether that be expert consulting or responding to a complaint and proceeding with discovery and trial, such services are not part of this contract, nor are they part of our normal fees and, if required, shall be invoiced at two times hourly rates. 16 AA4MLr SURFACE .. _... .... • Hs 4-Y —• -- g0 o I I'f_tisI• r aLi_—T I I I I 1 I I I1 I I ell I 1 I PROPVSED ILOT 1 I 20' AU.EV- - D-0,r-O,r r r`r—.. -r- N ,T53'4Y W 290.24• I I PROPbSED 1 LOT 2 1 1 ¶ b. I 1 1 m I i I I o I f I I 1 1 1 1 S- I I 1 __ i III I - ! H1_—J.— e OCK 6 CP 19 I I II MITE `td I I. 1. I 1 ° o0 I 1 all 0 1 ~ °i € 9 I J, I I J I ID CDv ®9 v 6"' CA. MUER 10 ASPHALT SURFACE O O� N1 NATIONAI. CITY PLANNING DEPT. EXHIBIT B CASE FILE NO. S-2003-7/CUP-2003-26 DATE: 9/2/2005 MORA A00srLM MIN Mar WOO _ NV VM MM0M WIN a OM UP PE M ••I----�- IIfOROI R' SOW m... cow NM seer _..._�.._.. awe MOM Mr N it an /EE IWO' OM. 0.7'e TREE 10.0' ORP O.Y• 1TEE f00' DIE' 0.T• 7IEE 10.0' 0R:P as 0 ICAO COP PLANT LEGEND ar AR I .ecorenrl M41 MOMS sueEMPOaf0MI aATwOMarne Mart 00 GM' MOT Mat A0400rg4MIA Mal 1111910 !UMW MIR 9 a MCNIMMMnSTA 41000M6I114,199MIl449 O MIT O i 101MAF00T 9094 09.914 CPU M 179r1 D001 ML ALTOAO0f1 NMM012N1a1 NR PALMMIMMI MOT MDOD.... .02911190 10AfiM0M4 MUT, RIO{ `T.' INK 1.1911111191440110a01 r4ME=PaMtrro PPM gEgi LAMMMNN VAINO '., 1MLM0 L.01rIM MOW oar O MIT ✓ ane A.M. C0C0TW MID 410Y 1a MIUM1M0N flaIr QOWNS YWCA At0s0.M rMMMIMYOMOMNOAN INK. HIM e71 laf19411~1••• MIMI LIMPWOMOlMN l .7▪ lWF4MMCRRA • OlK.. :94110 WAN oar 2 fillMairha MUM e TI.— ...Y TO RYA qt o ar • 0_O0Flowe0r004M0 trtwL, OI PMM)MNOMN ii 0 o ar • 1194911014144 MOM UMWMOMti/au1TOTMIW MOM 10421919110141.4 0i12I04316 00aN0RLL»101,119NM M1 Isla PmaPOMM Ti0r1A RMOLC.01v to MUM oamf L611111919,2111114,61942.4 oa7 4 2 3 0401100Mi00AO44114 UAW P ,NIl TO WON Mar 14 19111:499114121414111,443WO OP o M0a Q + ow 0AM0EYTLp10 rI01N MAT& rLMTC NEON • FLL aMOisa• MMMM KOrS4460YL ® . MOMS LAN ToIIMN 1 a7MRNYRM 40140fflMI1PrM.M 0N0MLT4J04MM01001M0Mr141MWAR OWWW 11i pWNW 4WEIWOO 6bMOM. 4MW04-NNW WMTrMM WIAMIM i TO w WNW, RAIIMMIY 4MIM11100 i 4100R1i1WWWWW IR 1PrNOW MLMiMi+ I aNPNr =wawa,.amM. ammo MM,0x {.MIM1• IMIw4411RWO 01NCA0A (10'J•w• on NMw 0MM41lM.aLMO E1M Maw IMAM -aaNONs O " O Hutter Designs, Inc. Landscape Architects I/Otfl. Di No O sox an O1..e.C.»>a Tr t6111, 2814121 P>A >n->TN. Mar 4 0 20 40 60 SCALE IN FEET 1Y.,: 1104-1886J + R OMA IT - NA22ONAL an uilrecAra es=puB,ta' ,w ..¢ 'IitXFw - Mr> or• BY r N NM MN r raw, C MN1Y Ma EN.. (NW MM./ r WW) m-wM Swank sale nay 00M b)o fIr .,t 1 A l Dr'arlas Amex 1 A.P.N.N01-201-04.03.0/ VyAM Irina S-20 a VAN LINN A to 4 CONDOMINIUM CONVERSION a V V O tg N w N ZIt; 'giO` Grp Z PAU A 1905-1935 J Avenue National City, CA 91950 J Avenue Elevation Scale: NTS Dne,tTan -- Add new windows on J Avenue Elevations. Typical One Bedroom Plan Scale: 114• =1' O 20th Street Elevation Scale: NTS Replace all wood siding with new stucco. Typical Two Bedroom Plan Scale: 114• =1'-[Y — New wood doors, vinyl windows and lighting. - Replace all wood siding with new stucco. New Redwood Fence. Typical Three Bedroom Plan Scale: 114• = 1'-0• KEDN. ROSP. INC. N�O@ccECc 519 /916,616