The URL can be used to link to this page

Home My WebLink About2006 05-16 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 — May 16, 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 auditfonos esttin disponibles en el pasillo al principio de !a junta. //- Council Requests That All CeII 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 5/16/06 Page 2 CITY COUNCIL PRESENTATIONS 1. Recognizing and congratulating students from the National School District for their participation in "I'm proud to live in National City because..."essay contest. (City Council) 2. Employee of the Month Program — Teresa Mendoza, Accountant — Finance Department 3. Employee of the Month Program — Tim Giedd, Police Dispatcher — Police Department 4. Recognition of the City of National City's participation in the Baker to Las Vegas Run. (Chief Gonzales) 5. Recognizing David Espiritu for being accepted to the FBI Fellowship Program. All expenses are paid by an FBI grant for six months from a nation-wide search. (Chief Gonzales) 6. Recognition of Lt. Ray Allen for his 25 Years of Service to the Police Department. (Chief Gonzales) PROCLMATION 7. Proclaiming the week of May 21-27, 2006 as: "PUBLIC WORKS WEEK" INTERVIEWS/APPOINTMENTS 8. Introducing new student city council representatives and recognition of current student representatives. (Student Council Members/Council) 9. Boards & Commissions: Community and Police Relations Resolutions Commission (CPRC) — Appointment. **The companion resolution, Item #11, needs to be acted upon in conjunction with the appointment** (City Clerk) COUNCIL AGENDA 5/16/06 Page 3 CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 10. Approval of the minutes of the regular City Council/Community Development Commission meeting of March 28, 2006. (City Clerk) 11. Resolution amending Resolution 2004-75 pertaining to the "appointed position" designation for the National City Police Officers Association (NCPOA) representative to the Community and Police Relations Commission (CPRC). (Community Services City Staff for the CPRC) 12. Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement with the County of San Diego for participation in the Cities Readiness Initiative, First Responder Mass Prophylaxis Plan. (Fire/Police) 13. Resolution of the City Council of the City of National City authorizing funds in the amount of $22,096.83 for the reimbursable grant purchase of equipment for the Police Department from FY05 Law Enforcement Terrorism Prevention Program. (Fire/Homeland Security) 14. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Ambulance Services Agreement with American Medical Response to extend services for a sixty day period ending July 30, 2006. (Fire) 15. Resolution of the City Council of National City authorizing a sole source purchase of Motorola radios from Motorola in the amount of $29,892,62 from CDBG funds. (Fire) CONSENT CALENDAR (Cont.) COUNCIL AGENDA 5/16/06 Page 4 16. Resolution of the City Council approving a Conditional Use Permit for a new 1,350 square foot mini -mart and for beer and wine sales for off -site consumption and a zone variance for less than required parking at an existing gas station in Sweetwater Square Shopping Center at 3009 Highland Avenue. (Applicant: Saad Pattah) (Case File CUP-2005-6/Z-2005- 3) (Planning) 17. Resolution authorizing the City Council to award the purchase of a Niton XLp 300A Lead Analyzer to Thermo Electron Niton Analyzers for the purpose of testing for the presence of lead paint in existing housing, therefore, preventing lead poisoning in children under the age of 6 and utilizing $18,990 in federal funds. (Building & Safety) 18. Resolution of the City of National City accepting the work from Portillo Concrete Inc., approving the contract final balance change order list with the final amount of $120,724, and authorizing the filing of a Notice of Completion for the miscellaneous concrete improvement projects at various locations, Specification No. 05-4. (Engineering) 19. Resolution of the City Council to approve, accept, and record Lona Manor Condominiums Subdivision Map located at 835 18th Street, east of Highland Avenue. (S-2005-08, CUP-2005-14). (Engineering) 20. Resolution of the City of National City approving Change Order Number One with Manhold Adjusting, Inc. for National City Street Resurfacing Project FY 05-06 in the amount of $498,917 to resurface an additional fifteen streets sections and for increased replacement of concrete sidewalk, pedestrian ramps and rubberized asphalt pavement on the original streets and authorizing the City Engineer to sign the change order. (Engineering) 21. WARRANT REGISTER # 42 (Finance) Ratification of Demands in the amount of $1,216,035.37. 22. WARRANT REGISTER # 43 (Finance) Ratification of Demands in the amount of $457,198.67. COUNCIL AGENDA 5/16/06 Page 5 PUBLIC HEARING 23. Public Hearing — Conditional Use Permit for a wireless communications facility on the A -American self -storage building at 525 West 20th Street. (Applicant: M&M Telecom for Cricket Communications) (Case File CUP- 2005-25) (Planning) NON CONSENT RESOLUTION 24. Resolution of the City of National City authorizing the City Manager to negotiate a lease with the San Diego Port Labor Relations Committee for use of the western portion of the former National City Library building (200 East 12th Street) for office use as a short-term/interim use while permanent facilities are sought. (Community Development Commission) NEW BUSINESS 25. City Budget - Deliberations. (City Manager's Office) 26. Temporary Use Permit — Integrity Charter School's Spring Festival at 125 Palm Avenue on June 2, 2006 from 4 p.m. to 8 p.m. with no waiver of fees. (Building & Safety) 27. Temporary Use Permit — Impact Day Picnic — following a day of charity work at the Boys and Girls Club, Deloitte & Touche will hold a picnic at Kimball Park on June 9, 2006 from 12-7 p.m. with no waiver of fees. (Building & Safety) 28. Temporary Use Permit — Sweetwater High Graduation, June 14, 2006, request to use the City's bleachers. (Building & Safety) 29. Temporary Use Permit - Lions Club Annual Independence Day Carnival/International Parade & Fair at Kimball Park from June 29, 2006 to July 4, 2006 with no waiver of fees. (Building & Safety) COUNCIL AGENDA 5/16/06 Page 6 NEW BUSINESS (Cont.) 30. Temporary Use Permit — National School District Professional Growth Day at Kimball Park on August 14, 2006 with no waiver of fees. (Building & Safety) 31. Temporary Use Permit — American Cancer Society's National City Relay for Life at Kimball Park from August 19-20, 2006 with no waiver of fees. (Building & Safety) 32. Request to initiate a street vacation for closing of that portion of 7th Street, west of Arcadia Avenue and east of Burden Drive. (Applicant: Michael Parich, Generations, LLC) (Case File No. SC-2006-1) (Planning) 33. Notice of Decision — Conditional Use Permit to allow a salon within an existing residential unit as a mixed -use at 906 A Avenue (Brick Row). Applicant: Janice Martinelli. (Case File No. CUP-2006-5) (Planning) 34. Notice of Decision — Conditional Use Permit for a two-story mixed office/residential building at 2207 Highland Avenue. Applicant: Dr. Tess Masangya. (Case File No. CUP-2006-3) (Planning) 35. Notice of Decision — Planned Development Permit for a new 5,080 square foot office building on Paradise Valley Hospital property at 2700 E. 4th Street. Applicant: Paradise Valley Hospital. (Case File No. PD-2006-3) (Planning) 36. Report on Kimball Park basketball court lighting costs. (Community Services/Public Works) 37. National City Transit Monthly Report for May — 2006. (John P. Webster, Sr., Vice President -General Manager, National City Transit) COUNCIL AGENDA 5/16/06 Page 7 COMMUNITY DEVELOPMENT COMMISSION CLOSED SESSIONS CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (b) One Potential Case CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9(c) Two Potential Cases CONSENT CALENDAR 38. Ratifications of Expenditures of the Community Development Commission: Expenditures for the period of 04/21/06 — 05/04/06 of $970,333. (Community Development Commission/Finance) 39. A resolution of the Community Development Commission of the City of National City allocating $750,000 from the low and moderate income housing funds for the rehabilitation of existing residential units; $375,000 for 75 units identified with lead -based paint hazards and $375,000 for 67 units identified with health and safety hazards for the purpose of rehabilitating the units to preserve affordable housing and eliminate health hazards such as lead poisoning for children under 6 years old and other identified health and safety hazards that affect the quality of life of National City residents. (Building & Safety) 40. Resolution approving an Amendment to the Agreement with Rick Engineering Company for engineering services related to widening and necessary improvements to Bay Marina Drive in the National City Harbor District and authorizing the Chairman to execute the amendment. (Community Development Commission) COUNCIL AGENDA 5/16/06 Page 8 NEW BUSINESS (Cont.) 41. Request from Highland Park LLC for approval of an assignment of the Disposition and Development Agreement (DDA) for the Highland Park Homes Project to Cornerstone Building Group. (Community Development Commission) 42. Community Development Commission — Budget Deliberations (CDC/Finance) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting Tuesday — June 20, 2006 - 6:00 p.m. Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE ITEM # 1 5/16/06 RECOGNIZING AND CONGRATULATING STUDENTS FROM THE NATIONAL SCHOOL DISTRICT FOR THEIR PARTICIPATION IN ` I'M PROUD TO LIVE IN NATIONAL CITY BECAUSE..." ESSAY CONTEST (CITY COUNCIL) 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 May 2, 2006 TO : Chris Zapata, City Manager FROM Alfredo J. Lopez III, Director of Human Resources SUBJECT EMPLOYEE OF THE MONTH PROGRAM ITEM #2 5/16/06 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 May 2006 is Teresa Mendoza, Accountant. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, May 16. 2006, to be recognized for her achievement and service. cc: Teresa Mendoza Bill Yeomans — Interim Finance Director Councilmember Natividad Human Resources — Office File AJL:Igr Performance Recognition Program (2) © Recycled Paper Teresa has been a valuable member of the Finance team for almost five years now. As Accounting Assistant for the first four years, Teresa was responsible for processing the City's heavy volume of accounts payable. With great organizational skill and attentiveness to detail, Teresa was able to streamline the A/P process to meet her deadlines — a weekly register, quarterly sales & use tax reports, annual preparation of various reports and forms, and other periodic reports required by other departments and government agencies. Teresa saved the City money by ensuring that discounts are taken when available and by avoiding late penalties in making timely payments. Through her initiative, Teresa learned Eden's Accounts Payable, General Ledger and Purchase Order modules in detail. Her understanding and knowledge of these programs, allowed her to assist other departments' personnel in understanding and reconciling the various transactions affecting their accounts. Her positive attitude and willingness to help were greatly appreciated by both co-workers and vendors she dealt with regularly. During the last two years, Teresa's workload increased with the simultaneous construction of the new Library and Fire Station . Additionally, the processing of Transit's and Library's accounts payable was also transferred to the Finance Dept around this time period. Through it all, Teresa maintained her team spirit and positive attitude. To continue to meet deadlines, she did not hesitate to work long hours when necessary. In the last year, several higher level positions in the Finance Dept became vacant. During this time,Teresa took on extra duties above her position. I-Ier dedication, technical knowledge and ability to learn quickly helped her in supervising the Payroll and A/P functions of the department during this difficult situation. Recently promoted to Accountant, Teresa continues to learn and grow professionally. She is currently tasked with the responsibility of accounting for the City's investments and of reconciling the City's cash and hank. accounts Teresa takes pride in her work and it shows in the quality and timeliness of her work product. E #3 City of National City 5//16/06 Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 RE -SCHEDULE OF APRIL RECOGNITION MEMORANDUM May 2, 2006 TO Chris Zapata, City Manager FROM Alfredo J. Lopez III, Human Resources Director SUBJECT EMPLOYEE OF THE MONTH PROGRAM 4 The Employee of the Month Program is intended to communicate the City's appreciation for outstanding performance and service by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment and our community. The employee selected by the Police Department (Non -Safety) to be recognized for the month of April 2006 is Tim Giedd, Police Dispatcher. Tim has been re -invited to attend the Council meeting of Tuesday, May 16, 2006, and be recognized for his achievements and service. xc: Tim Giedd Chief Adolfo Gonzales Sergeant William C. Strasen Councilmember Natividad Human Resources — Office File AJL:Igr Performance Recognition Program (3) ® Recycled Paper NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: April 4, 2006 TO: Dr. Adolfo Gonzales, Chief of Police FROM: William C. Strasen, Sergeant Special Assistant to the Chief SUBJECT: Employee Performance Recognition Program RE: Police Department Non -Safety Employee In recognition of outstanding work performance and service, the National City Police Department proudly nominates Dispatcher Tim Giedd for the April 2006 Employee Performance Recognition Program. Dispatcher Tim Giedd has been working for the National City Police Department since 2001. He has made great stride in his efforts to improve the communications center updating forms, cleaning up and organizing files, and becoming involved with the ASOCC Homeland Security project to name a few. Most recently he headed up the 9-1-1 telephone upgrade project. The project has been in the making since 2003. Due to the staffing issues that have plagued the communications center, the project was at a standstill. Tim volunteering to head up the project took the reigns and followed through. For anyone who has ever worked on a project of this magnitude, it is not an easy task. Tim spent numerous hours researching various products, assessing our needs, meeting with vendors and our 9-1-1 service provider, arranging demos and meetings, gathering input from the dispatchers, and communicating with the State 9-1-1 consultant on funding. The new system was implemented on July 13, 2005. With only a few bugs encountered, which are to be expected, the transition went over smoothly. Tim has stayed on top of any glitches encountered by the dispatchers to ensure the vendor addresses them with timeliness. One component that will be beneficial to all is the installation of a net clock. When installed, all time -based equipment connected to the system will be time synced. This will ensure accuracy throughout the department. In an effort to staying ahead of the game, Tim's next project is working with the State on accepting 9-1-1 wireless calls made within our city limits directly at our station. Although not mandatory at this time, the State recommends all agencies accept their own wireless 9-1-1 calls; it is expected to be mandatory in the near future. Employee Performance Recognition Program Page 2 April 2006 Tim has also been instrumental in introducing the Child Link Program to elementary schools in National City. Based upon the City of Chula Vista model, the purpose of the Child Link Program is to introduce both private and public agencies to elementary school students in grades 1 through 5 and make them aware of a "SAFE" stranger they can go to in emergencies. This is accomplished through a series of assemblies at each school, where members of various public and private organizations are invited to represent their companies, so that children in need of assistance will know which vehicles and uniforms are associated with good strangers. To date; representatives from the National City Police Department, Fire Department, Public Works Department, American Medical Response (AMR), U.S. Border Patrol, U.S. Postal Service, EDCO, and Cox Cable have participated in the program. Based upon Tim's dedication and professionalism as a member of the Police Department, it is with great pride that we nominate Dispatcher Tim Giedd for the April 2006 Employee Performance Recognition Program. ITEM #4 5/16/06 RECOGNITION OF THE CITY OF NATIONAL CITY'S PARTICIPATION IN THE "BAKER TO LAS VEGAS R UN. " (CHIEF GONZALES) ITEM #5 5/16/06 RECOGNIZING DAVID ESPIRITU FOR BEING ACCEPTED TO THE FBI FELLOWSHIP PROGRAM. ALL EXPENSES ARE PAID BY AN FBI GRANT FOR SIX MONTHS FROM A NATION-WIDE SEARCH (CHIEF GONZALES) ITEM #7 5/16/06 CITY OF ATIONAL CITY WHEREAS, Public Works service provided in our community are an integral part of our citizen's everyday lives; and WHEREAS, the support of an a derstanding and informed citizenry is vital to the efficient operation of Public Works systems and programs such as water, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety and omfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effect'veness of these facilities, as well as their planning design, and construction, is vitally d:pendent upon the efforts and skills of Public Works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff Public Works department is materially infl enced by the people's attitude and understanding of the importance of the work they perfo rm. THEREFORE, as Mayor & City 1 ouncil, by virtue of the authority vested in us by the City of National City, do hereby pro.laim the week of May 21-27 2006 as: PUBL C WORKS WEEK We call upon all citizens of Nation' l City to recognize the National City Public Works Department for their dedication and c.ntributions to the community. Ron Morrison Vice ayor Luis •Iat.Vt Coulicilm nber Nick Inzunza Mayor Frank Parm Counctia.,.ernber Rosalie G. Councilwoman ITEM #8 5/16/06 INTRODUCING NEW STUDENT C ITY COUNCIL REPRESENTATIVES AND RECOGNITION OF CURRENT STUDENT REPRESENTATIVES (STUDENT COUNCIL MEMBERS/COUNCIL) City of National City, California COUNCIL AGENDA STATEMENT May 16, 2006 9 MEETING DATE AGENDA ITEM NO. (ITEM TITLE BOARDS & COMMISSIONS: Community and Police Relations Resolution Commission (CPRC) — Appointment. PREPARED BY EXPLANATION Michael R. Dalla 1' DEPARTMENT City Clerk EXT. As a result of the recent resignation of Commissioner Thomas Wilkins, there is currently one vacancy on the CPRC for the non -voting position designated for a Police Officers Association (POA) representative. During his tenure on the Commission, Officer Wilkins was often unable to attend meetings due to shift changes and other scheduling conflicts. In order to avoid similar scheduling difficultties in the future, it has been proposed that there be a `primary' and `alternate' member designated for the non -voting POA position on the Commission. In the event the City Council takes favorable action on the above proposal, two applications for appointment have been submitted by the POA: Mr. William Phillips as `primary' representative and Mr. Dennis Leach as `alternate'. Their applications are attached. i XX Environmental Review N/A MIS Approval (-Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION As POA designated representatives it is recommended that Council dispense with the interview and appoint Mr. Phillips and Mr. Leach. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below Applications Resolution No. A-200 (Rev. 7/03) CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission )( Community & Police Relations Commission* _ Housing & Community Development Committee _ Library Board of Trustees _ Military, Civic and Special Events Advisory Board _ Parks & Recreation Advisory Board _ Planning Commission Port Commission Public Art Committee* San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Committee Serra Library System Advisory Bd Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name 6✓/- L 14Ion PH/c Home Address Business Affiliation A/C "74 Title Tel. No. Business Address /Z Otr NC $ , N C Tel. No. JJ,4- y YY,T Length of residence in National City3 'yl San Diego County J.. )rii' California Sar-f- Educational Background Occupational Experience /1/ C 1"/) Professional or technical organization memberships We ) i4 Civic or community experience, membership, or previous public service appointments: Experience or special knowledge pertaining to area of interest: Have you ever been convicted of a crime? No X Yes Date y—/9�a; Signature Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a. public document) *Residency requirements may not apply Revised January 10, 2006 Parks & Recreation Advisory Board Planning Commission CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee Library Board of Trustees Military, Civic and Special Events Advisory Board Port Commission Public Art Committee* San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Committee Serra Library System Advisory Bd Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name OF ( Home Address /)-On ,C.I 7()A //k G i 7 (f L t4j Tel. No. , /'j` • 3.3 6, yci7% Business Affiliation A/ C i () ,] Title , � / 4 ,r` ti% T Business Address /, 6-1 ,L i C Tel. No. 6, / / Length of residence in National City San Diego County California Educational Background c i' ((.) L LJ (, Occupational Experience / YiE4- 7 .4 L. i C ti () /C`,C/ (c/ Professional or technical organization memberships Civic or community experience, membership, or previous public service appointments: Experience or special knowledge pertaining to area of interest: Have you ever been convicted of a crime? No ;X Yes Date 5 (L) (/ Signature �c. r� Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a public document) *Residency requirements may not apply Revised January 10, 2006 ITEM # 10 5/16/06 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF MARCH 28, 2006 (CITY CLERK) City of National City, California COUNCIL AGENDA STATEMENT it/METING DATE May 16, 2008 AGENDA ITEM NO. (ITEM TITLE 11 PREPARED BY EXPLANATION Resolution amending Resolution 2004-75 pertaining to the "Appointed Position" designation for the National City Police Officers Association (NCPOA) representative to the Community and Police Relations Commission (CPRC). Community Services Phone: (619) 336-4289 City Staff for the CPRC Lauren Lauletta DEPARTMENT The CPRC and the NCPOA are asking the City Council to amend the designation for the appointed position for the NCPOA representative as set forth in Section 3.02 of the Operating Procedures of the CPRC because the current designated representative has been unable to attend the commission meetings due to schedule conflicts. The CPRC recommends the Council amend the designation of this seat to allow for the appointment of up to three POA representatives, of which only one will be the official representative at CPRC meetings should they all find themselves able to attend. The change in designation will decrease the absences of the POA representative. Environmental Re - Financial Statement None ✓ N/A Account No. Staff recommends the City Council amend Section 3.02 of the CPRC Operating Procedures to allow for the appointment of up to three POA representatives. The City Attorney's office concurs with Staff's recommendation. The Pope Officers' Association concurs with Staff's recommendation. -- - BOARD / COMMISSION RECOMMENDATION The CPRC recommends the City Council amend Section 3.02 of the CPRC Operating Procedures to allow for the appointment of up to three POA representatives. ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 2 QF RESOLUTION NO. 2004-75, AND SECTION 3.02 OF THE OPERATING PROCEDURES OF THE COMMUNITY AND POLICE RELATIONS COMMISSION, TO AUTHORIZE THE CITY COUNCIL TO APPOINT UP TO TWO ALTERNATE POLICE OFFICER ASSOCIATION (POA) REPRESENTATIVES TO THE PRIMARY POA REPRESENTATIVE TO THE COMMISSION WHEREAS, on May 4, 2004, the City Council adopted Resolution No. 2004-75, which memorialized the creation of the National City Community and Police Relations Commission (CPRC), the establishment of duties of the commission, and the declaration of the Mission Statement; and WHEREAS, Section 2 of Resolution 2004-75 states that the CPRC shall be comprised of nine (9) individuals appointed by the Mayor with approval of the City Council. Of the nine members, seven (7) shall be voting members, and two (2) shall be non -voting members. Of the seven voting members, five (5) shall be residents of the City. One of the two non -voting members shall be a member of the National City POA, and one of the non -voting members shall be a member of a human rights organization; and WHEREAS, in order to decrease the number of absences of the POA representative, it has been proposed that Ithe City Council be authorized to appoint up to two alternate representatives to the primary PQA representative to the CPRC, one of whom would attend CPRC meetings when the primary representative is unable to attend, and would have the same rights and responsibilities as the primary representative. NOW, THEREFORE, BE IT RESOLVED that Section 2 of Resolution 2004-75, and the first paragraph of Section 3.02 of the Operating Procedures of the CPRC, be amended to read as follows: The Commission shall be comprised of nine (9) individuals appointed by the Mayor with the approval of the City Council. Of the nine members, seven (7) shall be voting members, and two (2) shall be non -voting members. Of the seven voting members, five (5) shall be residents of the City of National City. One of the two non -voting members shall be a member of the National City Police Officers' Association (POA), and one of the non -voting members shall be a member of a human rights organization. The City Council is authorized to appoint up to two alternate representatives to the primary POA representative, one of whom would attend Commission meetings when the primary representative is unable to attend, and who shall have the same rights and responsibilities as the primary representative. PASSED and ADOPTED this 16th day of May, 2006. ATTEST: Nick Inzunza, Mayor APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III, City Attorney MEETING DATE City of Na Tonal City, California COUNCIL ENDA STATEMENT 05/16/06 AGENDA ITEM NO. 12 ITEM TITLE Resolution of the City to sign an Agreement with the County of Sa First Responder Mass Prophylaxis Plan PREPARED BY EXPLANATION Walter Amedee, Homeland Security Manager, 619/336-4556 ouncil of the City of National City Authorizing the Mayor Diego for Participation in the Cities Readiness Initiative, DEPARTMENT The Strategic National Stockpile (SNS) is a fed during certain public health emergencies (bioterro the local level will help ensure a coordinated res as well as foster confidence in the public health s designed to assure that National City first respon preventive pharmaceuticals (prophylaxis) within 4 County Public Health Department and URS (Co experts. National City will then facilitate a tableto Fire/Police rally owned cache of pharmaceuticals and vaccines required ism or naturally occurring). Structured and organized plans at nse effort that will protect the health and safety of its citizens tem's ability to respond to an emergency. This plan must be ers and their households will be provided with appropriate hours of the decision to do so. National City will assist the sultant) to complete the plan by serving as subject matter exercise of the plan by August 30, 2006. Environmental Review N/A Financial Statement Financial Statement: Minor impact; County of reimbursable grant that requires National City to p Responder Mass Prophylaxis Plan, with an initial dra STAFF RECOMMENDATION an Diego Readiness Initiative Activities Program is a vide requested information to enable URS to draft a First due by May 31, 2006. Account No. Staff recommends the Mayor be authorized to sign the agreement with the County. Direct Staff to provide requested information necessary to create a First Res a onder Mass Prophylaxis Plan. BOARD / COMMISSION RECOMMENDATION N/A 4TTACHMENTS ( Listed Below ) Resolution Agreement with National City for Participation in Cites Readiness Initiative, First Responder Mass Prophylaxis Plan. Exhibit A -Statement of Work; Exhibit B-Insurance : d Bonding Requirements; Exhibit C-Payment Schedule. A-200 (. ) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR PARTICIPATION IN THE CITIES READINESS INITIATIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN WHEREAS, the Strategic National Stockpile ("SNS") is a federally owned cache of pharmaceuticals and vaccines required during certain public health emergencies; and WHEREAS, the County of San Diego Public Health Department and URS Corporation is responsible for coordinating the creation of a First Responder Mass Prophylaxis Plan (the "Plan") to ensure the distribution of pharmaceuticals through the Cities Readiness Initiative Program; and WHEREAS, National City will assist the San Diego County Public Health Department and URS Corporation to complete the Plan by serving as subject matter expert; and WHEREAS, structured and organized plans at the local level will help ensure a coordinated response effort that will protect the health and safety of its citizens as well as foster confidence in the public health system's ability to respond to an emergency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to sign the agreement with the County and directs staff to provide requested information necessary to create a Fire Responder Mass Prophylaxis Plan. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of May, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN This Agreement ("Agreement") is made and entered into on the date shown on the signature page ("Effective Date") by and on of the State of located c ted at1e 12 3ounty of San National City Boulevard, National Cityiego, a political , CA 91950 ("Contractor"), California("County") referee e to the following fact : City, RECITALS A. The County, by sole source letter, authorized the Purchasing and Contracting Director, pursuant to Article XXIII, Section 401of the Administrative Code, to award a Agreement for participation in the Cities Readiness Initiative (CRI) First Responder Mass Prophylaxis Plan. B. Contractor is specially trained and possesses certain skills, experience, education and competency to perform these services. C. The Chief Administrative Officer made a determination that Contractor can perform the services more economically and efficiently than the County, pursuant to Section 703.10 of the County Charter. D. The Agreement shall consist of this pro forma Agreement, Exhibit A Statement of Work, Exhibit B Insurance Requirements and Exhibit C Payment Schedule. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1 PERFORMANCE OF WORK 1.1 Standard of Performance. Contractor shall, in good and workmanlike manner and in accordance with the highest professional standards, at its own cost and expense, furnish all of the labor, technical, administrative, professional and all other personnel, all supplies and materials, equipment, printing, transportation, facilities, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by County, necessary or proper to perform and complete the work and provide the services required of Contractor by this Agreement. 1.2 Contractor's Re resentative Contractor's duties under this Agreement shall be performed on behalf of the Contractor by the person identified on the signature page. ("Contractor's Representative"); Contractor represents and warrants that (1) Contractor's Representative has fulfilled all applicable requirements of the laws of the State of California to perform the services under this Agreement and (2) Contractor's Representative has full authority to act for Contractor hereunder. Contractor and County recognize that the services to be provided by Contractor's Representative pursuant to this Agreement are unique: accordingly, Contractor's Representative shall not be changed during the Term of the Agreement without County's written consent. County reserves the right to terminate this Agreement pursuant to Clause 7.1 "Termination for Default", if Contractor's Representative should leave Contractor's employ, or if, in County's judgment, the work hereunder is not being performed by Contractor's Representative. 1.3 Contractor as Independent Contractor. Contractor is, for all purposes of this Agreement, an independent Contractor, and neither Contractor nor Contractor's employees or subcontractors shall be deemed to be employees of the County. Contractor shall perform its obligations under this Agreement according to the Contractor's own means and methods of work which shall be in the exclusive charge and under the control of the Contractor, and which shall not be subject to control or supervision by County except as to the results of the work. Neither Contractor nor Contractor's employees or subcontractors shall be entitled to any benefits to which County employees are entitled, including without limitation, overtime, retirement benefits, workers' compensation benefits and injury leave. 1.4 Contractor's A ents and Em to ees or Subcontractors. Contractor shall obtain, at Contractor's expense, all agents, employees and subcontractors required for Contractor to perform its duties under this Agreement, and all such services shall be performed by Contractor's Representative, or under Contractor's Representatives' supervision, by persons authorized by law to perform such services. Retention by Contractor of any agent, employee or subcontractor shall be at Contractor's sole cost and expense, and County shall have no obligation to pay Contractor's agents, employees or subcontractors; to support any such person's or entity's claim against the Contractor; or to defend Contractor against any such claim. H&H Gov Service Agreement National City Agreement - Page 1 of 13 Rev April 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN ARTICLE 2 SCOPE OF WORK 2.1 Statement of Work. Contractor shall perform the work described in the "Statement of Work" attached as Exhibit "A" to this Agreement, and by this reference incorporated herein, except for any work therein designated to be performed by County. 2.2 Right To Acquire Equipment and Services. Nothing in this Agreement shall prohibit the County from acquiring the same type or equivalent equipment and/or service from other sources, when deemed by the County to be in its best interest. ARTICLE 3 RESERVED ARTICLE 4 COMPENSATION 4.1 The Payment Schedule is in Exhibit C and the compensation is on the signature page. The County is precluded from making payments prior to receipt of services (advance payments). Invoices are subject to the following requirements: 4.2 Fiscal. County will pay Contractor the agreed upon price, pursuant to the Payment Schedule in Exhibit C for the work specified in Exhibit A, Statement of Work. 4.2.1 Accounting System And Fiscal Monitorinc. Contractor shall provide and maintain an accounting and financial support system to monitor and control costs to assure Agreement completion. 4.3 Invoices and Payment. 4.3.1 Invoices. Payment for the services performed under this Agreement shall be in accordance with Exhibit C, unless other payment methodologies are negotiated and agreed to by both Contractor and County. Contractor shall submit approved invoices monthly to the COTR for work performed in the monthly period, accordingly. Contractor's monthly invoices shall include a statement certifying whether it is in compliance with Paragraph 8.12 of this Agreement. 4.3.2 Payments. County agrees to pay Contractor in arrears only after receipt and approval by Contracting Officer's Technical Representative "COTR" of properly submitted, detailed and itemized original invoice referencing the Agreement number and a detailed listing of each pay point target, accomplishment, unit price, and showing the appropriate calculation for each, a progress report documenting the status and accomplishments of Contractor during the billing period pursuant to Exhibit C, documenting the total invoiced amount by Contractor. A copy (or copies) of the invoice shall be submitted to Public Health Services, 6255 Mission Gorge Road, San Diego, CA 92120 Attention: Sheri Shahri. Each invoice so approved and paid shall constitute full and complete compensation to Contractor for the work product submitted and for all work completed during the billing period pursuant to Exhibit A and Exhibit C. Payment shall be NET 30 days from receipt and approval of invoice unless otherwise stated. 4.3.3 Full Compensation. Pending any adjustments by the COTR, each invoice approved and paid shall constitute full and complete compensation to the Contractor for all work completed during the billing period pursuant to Exhibit A and Exhibit C. Contractor shall be entitled only to compensation, benefits, reimbursements or ancillary services specified in this Agreement. 4.3.4 Conditions Prerequisite To Payments. County may elect not to make a particular payment if any of the following exists: 4.3.4.1 Misrepresentation. Contractor, with or without knowledge, made any misrepresentation of substantial and material nature with respect to any information furnished to County. 4.3.4.2 Unauthorized Actions by Contractor. Contractor took any action pertaining to this Agreement, which required County approval, without having first received said County approval. 4.3.4.3 Default. Contractor was in default under any terms and conditions of this Agreement. 4.3.5 County Approval. As identified above, all subcontracts under this Agreement shall have prior written approval of the Contracting Officer Technical Representative. County may withhold payment until reports, data, audits or other information required for Agreement administration or to meet County or State reporting or auditing requirements are received and approved by COTR or designee. The County may also withhold payment if, in the County's opinion, Contractor is in non-compliance with this Agreement. H&H Gov Service Agreement National City Agreement - Page 2 of 13 Rev Apri1 2006 COUNTY AGREEMENT NUMBER (Insert Number) . AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN 4.3.6 Availability of Funding. The County's obligation for payment of any Agreement beyond the current fiscal year is contingent upon the availability of funding from which payment can be made. No legal liability on the part of the County shall arise for payment beyond June 30 of the calendar year unless funds are designated by the County and are made available for such performance. County shall have the right to terminate this Agreement or reduce compensation and service levels proportionately upon thirty (30) days' written notice to Contractor in the event that Federal, State or County funding for this Agreement ceases or is reduced prior to the ordinary expiration of the term of this Agreement. In the event of reduction of funding for the Agreement, County and Contractor shall meet within ten (10) days of written notice to renegotiate this Agreement based upon the modified level of funding. In this case if no agreement is reached between County and Contractor within 10 days of the first meeting, either party shall have the right to terminate this Agreement within ten (10) days written notice of termination. In the event of termination of this Agreement in accordance with the terms of this Section, Contractor shall be entitled to retain all sums paid as of the effective date of such termination, subject to any payment offset to which County may be entitled, for damages or otherwise, under the terms of this Agreement. In the event of termination of this Agreement pursuant to this Section, in no event shall Contractor be entitled to any loss of profits on the portion of this Agreement so terminated, or to other compensation, benefits, reimbursements or ancillary services other than as herein expressly provided. 4.3.7 Disallowance. In the event the Contractor receives payment for services under this Agreement which is later disallowed by the County, Contractor shall promptly refund the disallowed amount to County on request, or at its option, County may offset the amount disallowed from any payment due or to become due to Contractor under any Agreement with the County. 4.3.8 Maximum Price. During the performance period of this Agreement, the maximum price for the items and/or services shall not exceed the lowest price at which Contractor then offers the items and/or services to its most favored customer. ARTICLE 5 AGREEMENT ADMINISTRATION 5.1 County's Agreement Administrator. The Director of Purchasing and Contracting is designated as the Contracting officer ("Contracting Officer") and is the only County official authorized to make any Changes to this Agreement. The County has designated the individual identified on the signature page as the Contracting Officer's Technical Representative ("COTR"). 5.1.1 County's COTR will chair Contractor progress meetings and will coordinate County's Agreement administrative functions. The COTR is designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect Contractor services, and provide other technical guidance as required. The COTR is not authorized to change any terns and conditions of this Agreement. Only the Contracting Officer, by issuing a properly executed amendment to this Agreement, may make changes to the scope of work or total price. 5.1.2 Notwithstanding any provision of this Agreement to the contrary, County's COTR may make Administrative Adjustments ("AA") to the Agreement, such as line item budget changes or adjustments to the service requirements, which do not change the purpose or intent of the Statement of Work, the Terms and Conditions, the Agreement period or the total Agreement price. Each AA shall be in writing and signed by COTR and Contractor. All inquiries about such AA will be referred directly to the COTR. 5.2 Agreement Progress Meeting. The COTR and other County personnel, as appropriate, will meet periodically with the Contractor to review the Agreement performance. At these meetings the COTR will apprise the Contractor of how the County views the Contractor's performance and the Contractor will apprise the County of problems, if any, being experienced. The Contractor shall also notify the Contracting Officer (in writing) of any work being performed, if any, that the Contractor considers being over and above the requirements of the Agreement. Appropriate action shall be taken to resolve outstanding issues. The minutes of these meetings will be reduced to writing and signed by the COTR and the Contractor. Should the Contractor not concur with the minutes, the Contractor shall set out in writing any area of disagreement. Appropriate action will be taken to resolve any areas of disagreement. H&H Gov Service Agreement National City Agteement - Page 3 of 13 Rev April 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN ARTICLE 6 CHANGES 6.1 Contracting Officer. The Contracting Officer may at any time, by a written order, make changes ("Changes"), within the general scope of this Agreement, in the definition of services to be performed, and the time (i.e.) hours of the day, days of the week, etc.) and place of performance thereof. If any such Change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Agreement, whether changed or not changed by an such order, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified in writing accordingly. 6.2 Claims. Contractor must assert any claim for adjustment under this clause within 30 days from the date of receipt by the Contractor of the notification of Change; provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Agreement entitled "Disputes" (Article 15). However, nothing in this clause shall excuse the Contractor from proceeding with this Agreement as changed. ARTICLE 7 TERMINATION 7.1 Termination For Default. Upon Contractor's breach of this Agreement, County shall have the right to terminate this Agreement, in whole or part. Prior to termination for default, County•will send Contractor written notice specifying the cause. The notice will give Contractor 10 days from the date the notice is issued to cure the default or make progress satisfactory to County in curing the default, unless a different time is given in the notice. If County determines that the default contributes to the curtailment of an essential service or poses an immediate threat to life, health or property, County may terminate this Agreement immediately upon issuing oral or written notice to the Contractor without any prior notice or opportunity to cure. In the event of termination under this Article, all finished or unfinished documents, and other materials, prepared by Contractor under this Agreement shall become the sole and exclusive property of County. In the event of such termination, the County may purchase or obtain the supplies or services elsewhere, and Contractor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the County. The prevailing market price shall be considered the fair repurchase price. Notwithstanding the above, Contractor shall not be relieved of liability to County for damages sustained by County by virtue of any breach of this Agreement by Contractor, and County may withhold any reimbursement to Contractor for the purpose of off -setting until such time as the exact amount of damages due County from Contractor is determined. 7.1.1 If, after notice of termination of this Agreement under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall, if this Agreement contains a clause providing for termination for convenience of the County, be the same as if the notice of termination had been issued pursuant to such clause. 7.2 Damages For Delay. If Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as shall ensure its completion within the time specified in this Agreement, or any extension thereof, or fails to complete said work within such time, County will be entitled to the resulting damages caused by the delay. Damages will be the cost to County incurred as a result of continuing the current level and type of service over that cost that would be incurred had the Agreement segments been completed by the time frame stipulated and any other damages suffered by County as allowed by law. 7.3 County Exemption From Liability. In the event there is a reduction of funds made available by County to Contractor under this or subsequent Agreements, the County of San Diego and its Depaitulents, officers and employees shall incur no liability to Contractor and shall be held harmless from any and all claims, demands, losses, damages, injuries, or liabilities arising directly or from such action. 7.4 Termination For Convenience, The County, by written notice stating the extent and effective date, may terminate this Agreement for convenience in whole or in part, at any time. The County shall pay the Contractor as full compensation for performance until such termination: 7.4.2 The unit or pro rata price for any delivered and accepted portion of the work. 7.4.3 A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. H&H Gov Service Agreement National City Agreement - Page 4 of 13 Rev April 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN 7.4.4 In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated. 7.5 Remedies Not Exclusive. The rights and remedies of County provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 7.6 Full Cost Recovery Of Investigation And Audit Costs. Contractor shall reimburse County of San Diego for all direct and indirect expenditures incurred in conducting an audit/investigation when Contractor is found in violation (material breach) of the terms of the Agreement. Reimbursement for such costs shall be withheld from any amounts due to Contractor pursuant to the payment terms of the Agreement, or from any other amounts due to Contractor from County. ARTICLE 8 COMPLIANCE WITH LAWS AND REGULATIONS 8.1 Conformance With Rules And Regulations. Contractor shall be in conformity with all applicable Federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. Contractor shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. 8.2 Contractor Permits and License. Contractor shall obtain and maintain, at no cost to the County, all approvals, permissions, permits, licenses, and other forms of documentation required in.order to comply with all existing domestic statutes, ordinances, and regulations, or other laws, that may be applicable to performance of services hereunder. The County reserves the right to reasonably request and review all such applications, permits, and licenses prior to the commencement of any services hereunder. 8.3 Equal Opportunity. Contractor shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status. 8.4 Affirmative Action. Each Contractor of services and supplies employing fifteen (15) or more full-time permanent employees, shall comply with the Affirmative Action Program for Vendors as set forth in Article IIIk (commencing at Section 84) of the San Diego County Administrative Code, which program is incorporated herein by reference. A copy of this Affirmative Action Program will be furnished upon request by COTR or from the County of San Diego Internet web -site (www.co.san-diego.ca.us). 8.5 Non Discrimination. Contractor shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, or physical or mental disability in accordance with Title IX of the Education Amendments of 1972; Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101), Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq.) of the California Government Code, and Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq.) of the CCR. 8.6 AIDs Discrimination. Contractor shall comply with all state and federal laws which ensure that an individual is not discriminated against because of his or her HIV/AIDS status. 8.7 American With Disabilities Act (ADA) 1990. Contractor shall not discriminate against qualified people with disabilities in employment, public services, transportation, public accommodations and telecommunications services in compliance with the Americans with Disabilities Act (ADA) and California Administrative Code Title 24. 8.8 Religious Activity Prohibited. There shall be no religious worship, instructions or proselytization as part of or in connec- tion with the performance of this Agreement. 8.9 Drug and Alcohol -Free Workplace. The County of San Diego, in recognition of individual rights to work in a safe, healthful and productive work place, has adopted a :requirement for a drug and alcohol free work place, County of San Diego Drug and Alcohol Use Policy C-25. This policy provides that all County -employed Contractors and Contractor employees shall assist in meeting this requirement. 8.9.1 As a material condition of this Agreement, the Contractor agrees that the Contractor and the Contractor employees, while performing service for the County, on County property, or while using County equipment: 8.9.1.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug. H&H Gov Service Agreement National City Agreement - Page 5 of 13 Rev April 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN 8.9.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal drug. 8.9.1.3 Shall not sell, offer, or provide alcohol or a drug to another person; provided, however, that the foregoing restriction shall not be applicable to a Contractor or Contractor employee who as part of the performance of normal job duties and responsibilities prescribes or administers medically prescribed drugs. 8.9.2 Contractor shall inform all employees who are performing service for the County on County property or using County equipment of the County objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County. 8.9.3 The County may terminate for default or breach this Agreement, and any other Agreement the Contractor has with the County, if the Contractor, or Contractor employees are determined by the Contracting Officer not to be in compliance with the conditions listed herein. 8.10 Board of Supervisors' Policies. Contractor represents that it is familiar, and shall use its best efforts to comply, with the following policies of the Board of Supervisors: 8.10.1 Board Policy B-67, which encourages the County's Contractors to offer products made with recycled materials, reusable products, and products designed to be recycled to the County in response to the County's requirements; and 8.10.2 Board Policies B-53 and B-39a, which encourage the participation, of small and disabled veterans' business enterprises in County procurements; and 8.10.3 Zero Tolerance For Fraudulent Conduct In County Services. Contractor shall comply with County of San Diego Board of Supervisors Policy A-120 "Zero Tolerance for Fraudulent Conduct in County Services." There shall be "Zero Tolerance" for fraud committed by Contractors in the administration of County programs and the provision of County services. Upon proven instances of fraud committed by independent Contractors in connection with their performance under the Agreement, said Agreement shall be terminated; and. 8.10.4 Family -Centered Practice. Board Of Supervisors Policy E-13. Contractor shall comply with County of San Diego Board of Supervisors Policy E-13, "Family -Centered Practice." Family -centered practice addresses the needs of the whole family and is intended to promote and support community and family involvement to ensure safe and healthy environments for children; and 8.10.5 Zero Tolerance In Coaching Medi-Cal Or Welfare Clients (Including Undocumented Immigrants). The County of San Diego in recognition of its unique geographical location and the utilization of Welfare and Medi-Cal system by foreign nationals who are not legal residents of this county or country, has adopted a Zero Tolerance policy and shall aggressively prosecute employees and Contractors who coach Medi-Cal or Welfare clients (in- cluding undocumented immigrants), to obtain services for which they are not otherwise entitled. As a material condition of this Agreement, Contractor agrees that the Contractor and Contractor's employees, while performing service for the County, on County property or while using County equipment shall not intentionally or willfully: (a) in any way coach, instruct, advise, or guide any Medi-Cal or Welfare clients or prospective clients who are undocumented immigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not otherwise entitled. (b) support or provide funds to any organization engaged directly or indirectly in advising undocumented immigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not otherwise entitled. Contractor shall inform all employees that are performing service for the County on County property or using County equipment of County's Zero Tolerance Policy as referenced herein. County may terminate for default or breach this Agreement and any other Agreement Contractor has with County, if Contractor or Contractor employees are determined not to be in compliance with the conditions stated herein. 8.11 Hazardous Materials. Contractor shall comply with all Environmental Laws and all other laws, rules, regulations, and requirements regarding Hazardous Materials, health and safety, notices, and training. Contractor agrees that it will not store any Hazardous Materials at any County Facility for periods in excess of ninety (90) days or in violation of the applicable site storage limitations imposed by Environmental Law. Contractor agrees to take, at its expense, all actions necessary to protect third parties, including, without limitation, employees and agents of the County, from any exposure to Hazardous Materials generated or utilized in its performance under this Agreement. Contractor agrees to report to the H&H Gov Service Agreement National City Agreement - Page 6 of 13 Rev April 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN appropriate governmental agencies all discharges, releases, and spills of Hazardous Materials that are required to be reported by any Environmental Law and to immediately notify the County of it. Contractor shall not be liable to the County for the County's failure to comply with, or violation of, any Environmental Law. As used in this section, the term "Environmental Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders, regulations or court decisions (including the so-called "common law"), including, but not limited to, the Resource Conservation and Recovery Act, relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions or other similar substances or conditions. As used in this section the term "Hazardous Materials" means any chemical, compound, material, substance or other matter that: (a) is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials; (b) is controlled, referred to, designated in or governed by any Environmental Laws; (c) gives rise to any reporting, notice or publication requirements under any Environmental Laws, or (d) is any other material or substance giving rise to any liability, responsibility or duty upon the County or Lessee with respect to any third person under any Environmental Laws. 8.12 Debarment And Suspension. As a sub -grantee of federal funds under this Agreement, Contractor certifies that it, its principals, its employees and its subcontractors: 8.12.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency. 8.12.2 Have not within a 3-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 8.12.3 Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in the paragraph above; and 8.12.4 Have not within a 3-year period preceding this Agreement had one or more public transaction (Federal, State, or local) terminated for cause or default. ARTICLE 9 CONFLICTS OF INTEREST; CONTRACTOR'S CONDUCT 9.1 Conflicts of Interest. Contractor presently has no interest, including but not limited to other projects or independent Agreements, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor shall not employ any person having any such interest in the performance of this Agreement. Contractor shall not hire County's employees to perform any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except upon the written approval of County. Without such written approval, performance of services under this Agreement by associates or employees of County shall not relieve Contractor from any responsibility under this Agreement. 9.2 Conduct of Contractor. Privileged Information. 9.2.1 Contractor shall inform the County of all the Contractor's interests, if any, which are or which the Contractor believes to be incompatible with any interests of the County. 9.2.2 The Contractor shall not, under circumstances that might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the Contractor is doing business or proposing to do business, in accomplishing the work under this Agreement. 9.2.3 Contractor shall not use for personal gain or make other improper use of privileged information, which is acquired in connection with his employment. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of Contractors or subcontractors in advance of official announcement. 9.2.4 The Contractor, or employees thereof, shall not offer directly or indirectly gifts, gratuity, favors, entertainment, or other items of monetary value to an employee or official of the County. H&H Gov Service Agreement National City Agreement - Page 7 of 13 Rev April 2006 COUNTY AGREEMENT NUMBER (Insert Number) . AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN 9.2.5 Referrals. Contractor further covenants that no referrals of clients through Contractor's intake or referral process shall be made to the private practice of any person(s) employed by the Contractor. 9.3 Prohibited Agreements. As required by Section 67 of the San Diego County Administrative Code, Contractor certifies that it is not in violation of the provisions of Section 67, and that Contractor is not, and will not subcontract with, any of the following: 9.3.1 Persons employed by County or of public agencies for which the Board of Supervisors is the governing body. 9.3.2 Profit -making firms or businesses in which employees described in sub -section 9.3.1, above, serve as officers, principals, partners, or major shareholders; 9.3.3 Persons who, within the immediately preceding twelve (12) months came within the provisions of the above sub- sections and who (1) were employed in positions of substantial responsibility in the area of service to be performed by the Agreement, or (2) participated in any way in developing the Agreement or its service specifications; and 9.3.4 Profit -making firms or businesses in which the former employees described in sub -section 9.3.3 above, serve as officers, principals, partners, or major shareholders. 9.4 Limitation Of Future Agreements Or Grants. It is agreed by the parties to the Agreement that Contractor shall be restricted in its future Contracting with the County to the manner described below. Except as specifically provided in this clause, Contractor shall be free to compete for business on an equal basis with other companies. 9.4.1 If Contractor, under the terms of the Agreement, or through the performance of tasks pursuant to this Agreement, is required to develop specifications or statements of work and such specifications or statements of work are to be incorporated into a solicitation, Contractor shall be ineligible to perform the work described within that solicitation as a prime or subcontractor under an ensuing County Agreement. It is further agreed, however, that County will not, as additional work, unilaterally require Contractor to prepare such specifications or statements of work under this Agreement. 9.4.2 Contractor may not apply for nor accept additional payments for the same services contained in the Statement of Work. ARTICLE 10 INDEMNITY AND INSURANCE 10.1 Claims Arising From Sole Acts or Omissions of County. County hereby agrees to defend and indemnify Contractor, its agents, officers and employees, from any claim, action or proceeding against Contractor, arising solely out of the acts or omissions of County in the performance of this Agreement. At its sole discretion, Contractor may participate at its own expense in the Parties defense of any claim, action or proceeding, but such participation shall not relieve County of any obligation imposed by this Agreement. Contractor shall notify County promptly of any claim, action or proceeding and cooperate fully in the defense. 10.2 Claims Arising From Sole Acts or Omissions of Contractor. Contractor hereby agrees to defend and indemnify County, its agents, officers and employees (hereafter collectively referred to in this paragraph as 'County') from any claim, action or proceeding against County, arising solely out of the acts or omissions of Contractor in the performance of this Agreement. At its sole discretion, County may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve Contractor of any obligation imposed by this Agreement. County shall notify Contractor promptly of any claim, action or proceeding and cooperate fully in the defense. 10.3 Claims Arising From Concurrent Acts or Omissions. County hereby agrees to defend itself, and Contractor hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of County and Contractor. In such cases, County and Contractor agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 10.5 below. 10.4 Joint Defense. Notwithstanding paragraph 10.3 above, in cases where County and Contractor agree in writing to a joint defense, County and Contractor may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of Contractor and County. Joint defense counsel shall be selected by mutual agreement of County and Contractor. County and Contractor agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 10.5 below. County and Contractor further agree that neither party may bind the other to a settlement agreement without the written consent of both County and Contractor. H&H Gov Service Agreement National City Agreement - Page 8 of 13 Rev April 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN 10.5 Reimbursement and/or Reallocation. Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, County and Contractor may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 10.6 Insurance. Prior to execution of this Agreement, Contractor must obtain at its own cost and expense, and keep in force and effect during the term of this Agreement, including all extensions, the insurance specified in Exhibit "B," "Insurance Requirements," attached hereto. ARTICLE 11 AUDIT AND INSPECTION OF RECORDS The County shall have the audit and inspection rights described in this section. 11.1 Audit And Inspection. Contractor agrees to maintain and/or make available within San Diego County accurate books and accounting records relative to all its activities under this Agreement. Authorized Federal, State or County representatives shall have the right to monitor, assess, or evaluate Contractor's performance pursuant to this Agreement, said monitoring, assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project staff and participants. At any time during normal business hours and as often as County may deem necessary, Contractor shall make available to County, State or Federal officials for examination all of its records with respect to all matters covered by this Agreement and will permit County, State or Federal officials to audit, examine and make excerpts or transcripts from such records, and to make audits of all invoices, materials, payrolls, records of personnel, information regarding clients receiving services, and other data relating to all matters covered by this Agreement. If any services performed hereunder are not in conformity with the specifications and requirements of this Agreement, County shall have the right to require the Contractor to perform the services in conformity with said specifications and requirements at no additional increase in total Agreement amount. When the services to be performed are of such nature that the difference cannot be corrected, County shall have the right to (1) require Contractor immediately to take all necessary steps to ensure future performance of the services in conformity with requirements of the Agreement, and (2) reduce the Agreement price to reflect the reduced value of the services performed. In the event Contractor fails to perform the services promptly or to take necessary steps to ensure future performance of the service in conformity with the specifications and requirements of the Agreement, County shall have the right to either (1) by Agreement or to otherwise have the services performed in conformity with the Agreement specifications and charge to Contractor any cost occasioned to County that is directly related to the performance of such services, or (2) terminate this Agreement for default as provided in the Termination clause. 11.2 Cost or Pricing Data. If the Contractor submitted cost or pricing data in connection with the pricing of this Agreement or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the Contracting Officer or his representatives who are employees of the County or its agent shall have the right to examine all books, records, documents and other data of the Contractor related to the negotiation pricing or performance of such Agreement, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. 11.3 Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of three (3) years from the date of final payment under this Agreement, or by section 11.3.1 and 11.3.2, below: 11.3.1 If this Agreement is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three (3) years from the date of any resulting final settlement. 11.3.2 Record which relate to appeals under the ".Disputes" clause of this Agreement, or litigation or the settlement of claims arising out of the performance of this Agreement, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after Agreement completion, whichever is longer. 11.4 Subcontracts. The Contractor shall insert a clause containing all the provisions of this Article 11 in all subcontracts hereunder except altered as necessary for proper identification of the Contracting parties and the Contracting officer under the County's prime Agreement. ARTICLE 12 INSPECTION OF SERVICE 12.1 Subject to Inspection. All performance (including services, materials, supplies and equipment furnished or utilized in the performance of this Agreement, and workmanship in the performance of services) shall be subject to inspection and test by the County at all times during the term of this Agreement. Contractor shall cooperate with any inspector assigned by H&H Gov Service Agreement National City Agreement - Page 9 of 13 Rev April 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN the County to permit the inspector to determine whether Contractor's performance conforms to the requirements of this Agreement. County shall perform such inspection in a manner as not to unduly interfere with Contractor's performance. 12.2 Specification and Requirements. If any services performed by Contractor do not conform to the specifications and requirements of this Agreement, County may require Contractor to re -perform the services until they conform to said specifications and requirements, at no additional cost, and County may withhold payment for such services until Contractor correctly performs them. When the services to be performed are of such a nature that Contractor's cannot correct its performance, the County shall have the right to (1) require the Contractor to immediately take all necessary steps to ensure future performance of services conforms to the requirements of this Agreement, and (2) reduce the Agreement price to reflect the reduced value of the services received by County. In the event Contractor fails to promptly re -perform the services or to take necessary steps to ensure that future performance of the service conforms to the specifications and requirements of this Agreement, the County shall have the right to either (1) without terminating this Agreement, have the services performed, by Agreement or otherwise, in conformance with the specifications of this Agreement, and charge Contractor, and/or withhold from payments due to Contractor, any costs incurred by County that are directly related to the performance of such services, or (2) terminate this Agreement for default. ARTICLE 13 USE OF DOCUMENTS AND REPORTS 13.1 Findings Confidential. Any reports, information, data, etc., given to or prepared or assembled by Contractor under this Agreement which the County requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. 13.2 Ownership, Publication, Reproduction And Use Of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the sole and exclusive property of County. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. County shall have unrestricted authority to publish, disclose, distribute and other- wise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13.3 Confidentiality. County and Contractor agree to maintain confidentiality of any information regarding applicants, project participants or their immediate families which may be obtained through application forms, interviews, tests, reports, from public agencies or counselors or any other source. Without the written permission of the applicant or participant, such information shall be divulged only as necessary for purposes related to the audit and evaluation of the Agreement and then only to persons having responsibilities under the Agreement, including those furnishing services to Project under subcontract. County and Contractor agree that all information and records obtained in the course of providing services to project clients shall be subject to confidentiality and disclosure provisions of applicable Federal and State statutes and regulations adopted pursuant thereto. However, at County's request, Contractor shall permit County access to all records and information regarding the project and confidentiality shall not be a bar to County's access to all records and information. 13.4 Maintenance Of Records. Contractor shall maintain and keep available all records within the County of San Diego for a minimum of three (3) years from the ending date of this Agreement unless County agrees in writing to an earlier disposition. 13.5 Custody Of Records. County, at its option, may take custody of Contractor's client records upon Agreement termination or at such other time as County may deem necessary. County agrees that such custody and disclosure will conform to applicable confidentiality provisions of State and Federal law. Said records shall be kept by County in an accessible location within San Diego County and shall be available to Contractor for examination and inspection. 13.6 Audit Requirement. Contractors shall annually engage a Licensed Certified Public Accountant to conduct an annual audit of their agency's operations. Contractors that expend $300,000 or more of federal grant funds per year shall have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments, Public Law 104-156, and OMB Circular A-133. Contractor shall include a clause in any Agreement or agreement Contractor enters into with an audit firm to provide access by the County, State, Federal Government to the working papers of the independent auditor who prepare the audit for Contractor. Contractor shall submit when requested two (2) copies of the annual report and the (management letter) optional depending on statement of work to the County no later than fifteen (15) days after receipt from the independent Certified Public Accountant. 13.7 Reports. Contractor shall submit reports required in Exhibit A and additional reports as may be requested by the COTR and agreed to by the Contractor. Format for the content of such reports may be developed by County. The timely H&H Gov Service Agreement National City Agreement - Page 10 of 13 Rev April 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN submission of these reports is a necessary and material term and condition of this Agreement, and Contractor agrees that failure to meet specified deadlines will be sufficient cause to withhold payment. Contractor shall submit to County within thirty (30) days of the termination of this Agreement a report detailing all work done pursuant to this Agreement by Contractor. 13.8 Evaluation Studies. Contractor shall participate as requested by the County in research and/or evaluative studies designed to show the effectiveness and/or efficiency of Contractor services or to provide information about Contractor's project. ARTICLE 14 (RESERVED) ARTICLE 15 DISPUTES 15.1 In the event of any dispute arising out of or relating to this Agreement, the parties shall first attempt in good faith to resolve the dispute mutually between them. If unable to do so, then all matters in controversy shall be submitted to mediation. The parties shall select a mutually agreeable mediator within thirty (30) days of the request for mediation. Should the parties fail to resolve all of the matters in controversy at mediation, the parties may seek a judicial determination of the controversy. 15.2 The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph 15.1 above. Nothing in this Agreement shall be construed as making fmal the decision of any administrative official, representative, or board on a question of law. ARTICLE 16 GENERAL PROVISIONS 16.1 Assignment and Subcontracting. Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County; County's consent shall not be unreasonably withheld.. The Contractor shall make no Agreement with any party for furnishing any of the work or services herein contained without the prior written prior concurrence of the COTR. 16.2 Contingency. This Agreement shall bind the County only following its approval by the Board of Supervisors or when signed by the Purchasing and Contracting Deputy Director. 16.3 Entire Agreement. This Agreement, together with all Sections attached hereto and other agreements expressly referred to herein, constitute the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, including any proposals from Contractor and requests for proposals from County, are superseded. 16.4 Sections and Exhibits. All sections and exhibits referred to herein are attached hereto and incorporated by reference. 16.5 Further Assurances. Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. 16.6 Governing Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 16.7 Headings. The Article captions, Clause and Section headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit or affect the construction or interpretation of any term or provision hereof. 16.8 Modification; Waiver. Except as otherwise provided in Article 6, "Changes," above, no modification, waiver, amendment or discharge of this Agreement shall be valid unless the same is in writing and signed by both parties. 16.9 Neither Party Considered Drafter. Despite the possibility that one party may have prepared the initial draft of this Agreement or played the greater role in the physical preparation of subsequent drafts, neither party shall be deemed the drafter of this Agreement and that, in construing this Agreement in case of any claim that any provision hereof may be ambiguous, no such provision shall be construed in favor of one party on the ground that such provision was drafted by the other. 16.10 No Other Inducement. The making, execution and delivery of this Agreement by the parties hereto has been induced by no representations, statements, warranties or agreements other than those expressed herein. H&H Gov Service Agreement National City Agreement - Page 11 of 13 Rev April 2006 COUNTY AGREEMENT NUMBER (Insert Number) . AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN 16.11 Notices. Notice to either party shall be in writing and either personally delivered or sent by certified mail, postagt prepaid, return receipt requested, addressed to the party to be notified at the address specified herein. Any such notice shall be deemed received on the date of personal delivery to the party (or such party's authorized representative) or three (3) business days after deposit in the U.S. Mail, as the case may be to the COTR and Contractor's Representative identified on the signature page. 16.12 Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16.13 Successors. Subject to the limitations on assignment set forth in Clause 16.1 above, all terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns. 16.14 Time. Time is of the essence of each provision of this Agreement. 16.15 Time Period Computation. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any act or give any notice or approval shall fall on a Saturday, Sunday or State or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or State or national holiday. 16.16 Waiver. The waiver by one party of the performance of any term, provision, covenant or condition shall not invalidate this Agreement, nor shall it be considered as a waiver by such party of any other term, provision, covenant or condition. Delay by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure. 16.17 Third Party Beneficiaries Excluded. This agreement is intended solely for the benefit of the County and its Contractor. Any benefit to any third party is incidental and does not confer on any third party to this Agreement any rights whatsoever regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third parties is specifically prohibited. 16.18 Publicity Announcements and Materials. All public announcements, including those issued on Contractor letterhead, and materials distributed to the community shall identify the County of San Diego as the funding source for Contracted programs identified in this Agreement. Copies of publicity materials related to Contracted programs identified in this Agreement shall be filed with the COTR. County shall be advised at least 24 hours in advance of all locally generated press releases and media events regarding Contracted services identified in this Agreement. 16.19 Critical Incidents. Contractor shall have written plans or protocols and provide employee training for handling critical incidents involving instances of violence or threat of violence directed toward staff or clients, breach of confidentiality, fraud, unethical conduct, or instances of staff or client drug and/or alcohol use at the program. Contractor shall report all such incidents to the COTR within one work day of their occurrence. H&H Gov Service Agreement National City . Agreement - Page 12 of 13 Rev April 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN SIGNATURE PAGE AGREEMENT TERM. This Agreement shall be effective this 16th day of May 2006 ("Effective Date") and end on August 30, 2006 ("Initial Term") for a total Agreement period of five months. OPTION TO EXTEND. The County's option to extend is for five increments of one year each for a total of five years beyond the expiration of the Initial Term, not to exceed August 30, 2011, pursuant to Exhibit C Payment Schedule. Each extension shall be effected by written unilateral Agreement amendment delivered to Contractor no less than fifteen (15) calendar days prior to expiration of any Agreement term. Options To Extend For One To Six Additional Months At End Of Agreement. County shall also have the option to extend the term of this Agreement in one or more increments for a total of no less than one (1) and no more than six (6) calendar months at the discretion of the County Purchasing and Contracting Director. Each extension shall be effected by written unilateral Agreement amendment delivered to Contractor no less than fifteen (15) calendar days prior to expiration of any Agreement term. The rates set forth in Article 4, Exhibit C, or other pricing section of this Agreement shall apply to any option exercised pursuant to this option clause unless provision for appropriate price adjustment has been made elsewhere in this Agreement or by Agreement amendment. All payments are subject to "Availability of Funds." COMPENSATION. Pursuant to Exhibit C, County agrees to pay Contractor a, sum not to exceed one hunched thousand dollars ($100,000) for the initial term of this Agreement in accordance with the method of payment stipulated in Article 4. COTR. The County has designated the following individual as the Contracting Officer's Technical Representative ("COTR") Shirley Jett, CRUSNS Coordinator Public Health Services 6255 Mission Gorge Road San Diego, CA 92120 (619) 692-8331, (619) 285-6531 and email Sirley.jett@sdcounty.ca.gov CONTRACTOR'S REPRESENTATIVE. The Contractor has designated the following individual as the Contractor's Representative. Nick Inzunza , Mayor National City 1243 National City Boulevard National City, CA 91950 Phone (619) 336-4235 fax (619) 336-4239 email ninzunza@ci.national-city.ca.us IN WITNESS WHEREOF, County and Contractor have executed this Agreement effective as of the date first set forth above COUNTY OF SAN DIEGO National City By: By: WINSTON F. McCOLL, Director Nick Inzunza, Mayor Department of Purchasing and Contracting Date: Date: APPROVED AS TO FORM AND LEGALITY By: Date: Senior Deputy County Counsel H&H Gov. Service Agreement National City Agreement - Page 13 of 13 Rev April 2006 COUNTY OF SAN DIEGO CONTRACT # AGREEMENT WITH NATIONAL CITY FOR CITIES READINESS INITIATIVE ACTIVITIES EXHIBIT A - STATEMENT OF WORK 1 Scope of Work/Purpose Contractor shall assist the County and URS Corporation (Project Manager) in developing an emergency distribution and dispensing plan ("Plan") for the Strategic National Stockpile (SNS). URS Corporation (Project Manager) has a separate agreement with the County. The SNS is a federally owned cache of pharmaceuticals and vaccines required during certain public health emergencies (bioterrorism or naturally occurring). This plan must be designed to assure that National City first responders and their households will be provided with appropriate preventive pharmaceuticals (prophylaxis) with 48 hours of the decision to do so. Contractor shall assist the County and Project Manager to complete the plan by serving as subject matter experts and facilitate a tabletop exercise of the plan with key National City officials and first responders, and the County. Project Manager will draft an After Action Report (AAR) and revise the Contractor's Plan based on the findings and recommendations of the AAR and with concurrence of Contractor by August 30, 2006. 2 Background The dispensing of antibiotics and /or vaccines to thousands of individuals requires advanced emergency preparedness planning on the organizational and structural level, as well as the identification of necessary personnel and physical resources. The national Centers for Disease Control and Prevention (CDC) and the Officer of Emergency Preparedness (OEP) with the US Department of Health and Human Services played a major role in the East Coast prophylaxis efforts for anthrax. The State of California has a Memorandum of Agreement (MOA) with the CDC for receipt of the SNS. However, any state, region, or local jurisdiction must face the possibility that federal resources may not be available to assist if multiple areas require assets simultaneously. Structured and organized planning at the local level will help ensure a coordinated response effort that will protect the health and safety of its citizens as well as foster confidence in the public health system's ability to respond to an emergency. When a suspected or confirmed act of bioterrorism (or naturally occurring public health emergency) occurs, it may be necessary to initiate mass prophylaxis operations. The County Public Health Officer (PHO) is responsible for the overall management of emergency public health services within the Operational Area during such an event. 3 Goal The goal of this project is to develop an executable Strategic National Stockpile (SNS) Distribution and Dispensing Plan that meets County, CDC and CDHS SNS guidelines, with procedurally specific steps to provide oral medications and to track distribution and dispensing of the SNS to National City first responders and their households. Priority Exhibit A -- Statement of Work April 2006 National City COUNTY OF SAN DIEGO CONTRACT # AGREEMENT WITH NATIONAL CITY FOR CITIES READINESS INITIATIVE ACTIVITIES EXHIBIT A — STATEMENT OF WORK focus should be on providing the medications to National City's EMS, fire, law enforcement and essential city services and their households, then expanding the coverage to other members of the City's workforce and their households. As envisioned, the Plan shall be structured using the City of San Diego's First Responder Mass Prophylaxis Plan as a template by August 30, 2006. 4 Contractor Work Plan/Timelines 4.1 Within 15 days of contract execution, Contractor will develop a detailed 4.2 Work plan with timelines to ensure completion of this Statement of Work by August 30, 2006. 5 General Requirements 5.1 Contractor shall ensure that appropriate City officials and first responder staff attends an initial planning meeting with the Project Manager and the County to begin framing the project. Subsequently, Contractor shall participate in project meetings to discuss progress in completing project deliverables. 5.2 Contractor shall work in collaboration with the Project Manager and the County. Specifically, Contractor shall: 5.2.1 Discuss composition of the planning team; 5.2.2 Discuss and determine individual roles and responsibilities for City staff that would be involved in implementing the Distribution and Dispensing Plan in an emergency; 5.2.3 Discuss appropriate alternatives/options; 5.2.4 Determine risks and mitigating actions; 5.2.5 Provide written recommendations; 5.2.6 Prepare a monthly project status report that is due to the County by the 10th for the following month. Meeting minutes or summaries with attendance rosters will suffice for this deliverable. 6 Specific Requirements 6.1 Contractor shall provide requested information to enable the Project Manager to draft an executable Distribution and Dispensing Plan for the SNS, with an initial draft due by May 31, 2006. Plan components include the following: 6.1.1 Tactical communication requirements 6.1.2 Distribution/dispensing strategies Exhibit A — Statement of Work National City April 2006 I5 COUNTY OF SAN DIEGO CONTRACT # AGREEMENT WITH NATIONAL CITY FOR CITIES READINESS INITIATIVE ACTIVITIES EXHIBIT A - STATEMENT OF WORK 6.1.3 Alternate dispensing methodologies 6.1.4 Tracking requirements and responsibilities 6.1.5 Security Requirements 6.1.6 Command and Control 6.1.7 Organizational chart including all key City personnel and roles in executing the Plan. 6.1.8 Ability to activate Plan within twelve (12) hours of notice and be operational 24/7 until emergency is over. 6.1.9 Initial and recurrent training/exercise requirements. 6.1.10 Identification of resources outside the National City that are required to execute the Plan. 6.2 Contractor shall provide written comments/recommendations to the Project Manager and the County so that the final draft of the Distribution and Dispensing Plan (Deliberative Process) is completed by August 30, 2006. The final draft shall incorporate information learned and contained in the After Action Report/Improvement Plan discussed below with concurrence of the Contractor. Tabletop Exercise 7.1 Contractor shall ensure that key City staff participates in two planning conferences with the Project Manager and the County to design a tabletop exercise (TTX) simulating activation of the Distribution and Dispensing Plan. 7.2 Contractor shall ensure that key City staff participates in the TXX. 7.3 Contractor shall ensure that TTX participants provide input into the After Action Report/Improvement Plan. Key City staff shall participate in the After Action Report/Improvement Plan conference to discuss TTX results. Contractor shall provide the County with written comments/recommendations pertaining to the After Action Report/Improvement Plan. Exhibit A — Statement of Work National City April 2006 COUNTY CONTRACT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN EXHIBIT B — INSURANCE AND BONDING REQUIREMENTS ARTICLE 1 INSURANCE REQUIREMENTS FOR CONTRACTORS Without limiting Contractor's indemnification obligations to County, Contractor shall provide at its sole expense and maintain for the duration of this contract, or as may be further required herein, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of the work by the Contractor, his agents, representatives, employees or subcontractors. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: A. Commercial General Liability, Occurrence foray Insurance Services Office form CG0001. B. Automobile Liability covering all owned, non owned, hired auto Insurance Services Office fore CA0001. C. Workers' Compensation, as required by State of California and Employer's Liability Insurance. 2. Minimum Limits of Insurance Contractor shall maintain limits no less than: A. Commercial General Liability including Premises, Operations, Products and Completed Operations, Contractual Liability, and Independent Contractors Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The General Aggregate limit shall be $2,000,000. B. Automobile Liability: $1,000,000 each accident for bodily injury and property damage. C. Employer's Liability: $1,000,000 each accident for bodily injury or disease. Coverage shall include waiver of subrogation endorsement in favor of County of San Diego. 3. Deductibles and Self -Insured Retentions Any deductible or self -insured retention must be declared to and approved by the County's Risk Manager. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the County, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the County guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 4. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions: A. Additional Insured Endorsement Any general liability policy provided by Contractor shall contain an additional insured endorsement applying coverage to the County of San Diego, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually and collectively. B. Primary Insurance Endorsement For any claims related to this Contract, the Contractor's insurance coverage shall be primary insurance as respects the County, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually and collectively. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. C. Notice of Cancellation Each required insurance policy shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the County at the address shown in section of Contract entitled "Notices". D. Severability of Interest clause Coverage applies separately to each insured, except with respect to the limits of liability, and that an act or omission by one of the named insureds shall not reduce or avoid coverage to the other named insureds. National City Exhibit B 1 of 3 5/2/02 COUNTY CONTRACT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN EXHIBIT B — INSURANCE AND BONDING REQUIREMENTS GENERAL PROVISIONS 5. Qualifving Insurers All required policies of insurance shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder's alphabetic and financial size category rating of not less than A-, VII according to the current Best's Key Rating guide, or a company of equal financial stability that is approved in writing by County's Risk Manager. 6. Evidence of Insurance Prior to commencement of this Contract, but in no event later than the effective date of the Contract, Contractor shall furnish the County with certificates of insurance and amendatory endorsements effecting coverage required by this clause. Contractor shall furnish certified copies of the actual required insurance policies within thirty days after commencement of Contract. Thereafter, copies of renewal policies, certificate and amendatory endorsements shall be furnished to County within thirty days of the expiration of the term of any required policy. Contractor shall permit County at all reasonable times to inspect any policies of insurance, which Contractor has not delivered to County. 7. Failure to Obtain or Maintain Insurance; Countv's Remedies Contractor's failure to provide insurance specified or failure to furnish certificates of insurance, amendatory endorsements and certified copies of policies, or failure to make premium payments required by such insurance, shall constitute a material breach of the Contract, and County may, at its option, terminate the Contract for any such default by Contractor. 8. No Limitation of Obligations The foregoing insurance requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the County are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification. 9. Review of Coverage County retains the right at any time to review the coverage, form and amount of insurance required herein and may require Contractor to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. 10. Self -Insurance Contractor may, with the prior written consent of County's Risk Manager, fulfill some or all of the insurance requirements contained in this Contract under a plan of self-insurance. Contractor shall only be permitted to utilize such self-insurance if in the opinion of County's Risk Manager, Contractor's (i) net worth, and (ii) reserves for payment of claims of liability against Contractor, are sufficient to adequately compensate for the lack of other insurance coverage required by this Contract. Contractor's utilization of self-insurance shall not in any way limit liabilities assumed by Contractor under the Contract. 11. Claims Made Coverage If coverage is written on a "claims made" basis, the Certificate of Insurance shall clearly so state. In addition to the coverage requirements specified above, such policy shall provide that: A. The policy retroactive date coincides with or precedes Contractor's commencement or work under the Contract (including subsequent policies purchased as renewals or replacements). B. Contractor will make every effort to maintain similar insurance during the required extended period of coverage following expiration of the Contract, including the requirement of adding all additional insureds. C. If insurance is terminated for any reason, Contractor shall purchase an extended reporting provision of at least two years to report claims arising in connection with the Contract. D. The policy allows for reporting of circumstances or incidents that might give rise to future claims. 12. Subcontractors' Insurance Contractor shall require that any and all Subcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractors coverage does not comply with the foregoing provisions, Contractor shall defend and indemnify the County from any damage, loss, cost or expense, including attorney fees, incurred by County as a result of Subcontractors failure to maintain required coverage. National City Exhibit B 2 of3 5/2/02 COUNTY CONTRACT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN EXHIBIT B — INSURANCE AND BONDING REQUIREMENTS 13. Waiver of Subrogation Contractor and County release each other, and their respective authorized representatives, from any Claims (as defined in the Article entitled "Indemnity" of the Pro Forma Contract), but only to the extent that the proceeds received from any policy of insurance carried by County or Contractor, other than any self-insurance, covers any such Claim or damage. Included in any policy or policies of insurance provided by Contractor hereunder shall be a standard waiver of rights of Subrogation against County by the insurance company issuing said policy or policies. National City Exhibit B 3 of 3 5/2/02 COUNTY CONTRACT NUMBER AGREEMENT WITH NATIONAL CITY FOR CITIES READINESS INITIATIVE ACTIVITIES EXHIBIT C ]PAYMENT SCHEDULE Payment of Services under Exhibit A Statement of Work will be paid the following fixed amounts after County review and acceptance: Statement of Work Task Fixed Price Payment Work Plan/Timeline $8,000 Monthly Project Status Report CRI Tabletop Exercise April 2006 $8,000 May 2006 $8,000 June 2006 $8,000 July 2006 $8,000 August 2006 $8,000 IPC $8,000 FPC $8,000 TTX $16,000 First Draft Distribution/Dispensing Plan $15,000 Final Draft Distribution/Dispensing Plan $5,000 Final Draft After Action Report/Improvement Plan $10,000 Total Not to Exceed Payment Amount $100,000 INVOICES Invoices shall be submitted to the following address: Public Health Services 6255 Mission Gorge Road San Diego, CA 92120 ATTN: Sheri Shahri Invoices must contain the following certification: I certify, under penalty of perjury under the laws of the State of California, that no employee providing services under the terms and conditions of this contract is currently listed on the GSA Excluded Parties Listing or the OIG List of Excluded Individuals/Entities. Exhibit C — Payment Schedule National City April 2006 COUNTY CONTRACT NUMBER AGREEMENT WITH NATIONAL CITY FOR CITIES READINESS INITIATIVE ACTIVITIES EXHIBIT C PAYMENT SCHEDULE I also certi that the above services were performed in accordance with the Agreement. Authorized Representative: Printed Name and Signature Date Signed Telephone and Fax Number Exhibit C -- Payment Schedule National City April 2006 City of Natlo COUNCIL AG .+iEETING DATE May 16, 2006 al City, California NDA STATEMENT AGENDA ITEM NO. 13 ITEM TITLE Resolution of the City Council of the City of N $22,096.83 for the reimbursable grant purchase Law Enforcement Terrorism Prevention Progra PREPARED BY Wafter Amedee, omeland Security Manager EXPLANATION The FY05 Law Enforcement Terrorism Pre purchase of equipment for police personnel Services coordinates the request for equip purchase equipment totaled $22,096.83, w FY05 Law Enforcement Terrorism Preventi• jurisdictions to order/receive equipment prio to be eligible for reimbursement, the Police equipment prior to the February 28, 2007 d: $22,096.83 of City funds to purchase equip reimbursement for such equipment from the Services. ional City authorizing ifi[Ads i% the amount of f equipment for the Police Department from FY05 DEPARTMENT Fire / Homeland Security -ntion Program was designed to supplement the The County of San Diego Office of Emergency ent. National City's portion of the grant to ich was for the City's Police Department. The n Program is a reimbursable grant that requires to being reimbursed for expenditures. In order epartment must order and receive the adline. Staff recommends the utilization of ent for the Police Department and to request County of San Diego Office of Emergency Environmental Review ✓ N/A Financial Statement No negative impact; FY05 Law Enforcement Terr rism Prevention Program is a reimbursable grant that requires jurisdictions to order/receive equipment p for to being reimbursed for expenditures. � Account No. STAFF RECOMMENDATION Staff recommends the purchase of equipment fro the FY05 Law Enforcement Terrorism Prevention Program utilizing $22,096.83 in City funds. Direc Staff to submit reimbursement forms to the County of San Diego Office of Emergency Services. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) I. Resolution Resolution No. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE AMOUNT OF $22,096.83 FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT FOR THE POLICE DEPARTMENT FROM THE FY05 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM WHEREAS, the Federal Department of Homeland Security allocated $1.5 million in grant funding to San Diego County to be used to supplement equipment for police departments; and WHEREAS, National City's portion of the grant funds totaling $22,096.83 for the Police Department; and WHEREAS, the County of San Diego Office of Emergency Services is responsible for coordinating the reimbursement requests for equipment; and WHEREAS, to ensure that the Police Department purchases equipment prior to the grant deadline of February 28, 2007, the grant funds must be used to order and/or receive equipment prior to that deadline, to enable staff to claim reimbursement out of the grant funding in a timely manner. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the utilization of $22,096.83 of City funds to purchase equipment for the Police Department, and direct staff to request reimbursement for such expenditures from the County of San Diego Office of Emergency Services. PASSED and ADOPTED this 16th day of May, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of Natio COUNCIL AG .4EETING DATE 05/16/06 al City, California NDA STATEMENT 14 AGENDA ITEM NO. ITEM TITLE Resolution of the City Cou Execute an Amendment to the Ambulance Servic Services for a Sixty Day Period Ending July 30, 20 PREPARED BY Donald Condon, EXPLANATION Battalion Chief (619) 336-4552 DEP The City's ambulance services contract with American at no cost to the City, has been providing basic and ad since October 1, 1987. As a continuous measure interrupted, Staff is requesting permission to amend th be in effect from June 1, 2006 through July 30, 2006. ' complete the RFP process. This process is required t Life Support Ambulance Service. As part of this agre process of providing paramedic level services with agreement with AMR allowed the City to unilaterall needed. Each one (1) year extension required the mu of these extensions have been utilized. Following agreement to enact a sixty day extension beginning Jun cil of the City of National City Authorizing the Mayor to s Agreement with American Medical Response to Extend 6 RTMENT Fire Medical Response (AMR) will expire on May 31, 2006. AMR, ance life support ambulance transportation services to the City and to ensure that ambulance services to the City are not e current agreement for a sixty day period. This extension will be reason for this extension is to allow for the needed time to . obtain an agreement with a provider for Basic and Advance ment, National City Fire Department will be able to begin the I ational City Firefighters to our community. Our current extend the Contract twice for one (1) year each period, if consent of both parties to extend the Contract Term; both s process we have received written notice of concurrent 1, 2006 from American Medical Response. Environmental Review X N/A Financial Statement No financial impact; Ambulance Services Agreement is a fee for service with no City revenue subsidy. Account No. STAFF RECOMMENDATION Authorize Staff to amend our current agreement to all w for a sixty day extension of the American Medical Response Ambulance Services Agreement to ensure the continue . delivery of ambulance services to the City. BOARD / COMMISSION RECOMMENDATIO N/A A 11 ATTACHMENTS ( Listed Below ) 1. Amendment to Agreement. 2. Resolution. 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 AN EXTENSION OF THE C TY'S AMBULANCE SERVICES AGREEMENT WITH AMERICAN MEDICAL RESPONSE FOR BASIC AND ADVANCED LIFE SUPPORT SERVICES WHEREAS, on October 1, 1987, the City and Hartson Medical Services ("Hartson") entered into an agreement entitled "Agreement Between the City of National City and Hartson Medical Services for Basic and Advanced Life Support Services". Said Agreement has been assigned to Emergency Medic Corporation, dba American Medical Response ("AMR"); and WHEREAS, the term of said Agreement was subsequently extended from time to time, with the current term of said Agreement to expire on May 31, 2006; and WHEREAS, the City and AMR now wish to extend the Agreement for an additional sixty-day period, pursuant to Section 17 of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a written notice extending the Agreement between the City of National City and AMR for Basic and Advanced Life Support Services, up to and including July 30, 2006. Said Amendment is on file in the Office of the City Clerk. PASSED and ADOPTED this 16th day of May, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney AMENDMENT TO EXTEND AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND EMERGENCY MEDICAL SERVICES CORPORATION DBA AMERICAN MEDICAL RESPONSE (AMR) FOR A PERIOD OF 60 DAYS, FROM DUNE 1, 2006 THROUGH JULY 30, 2006, FORMERLY HARTSON MEDICAL SERVICES (MED-TRANS), FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICE This Amendment to Agreement is entered into this 16th day of May, 2006, by and between the City of National City ("CITY"). and American Medical Response ("AMR"). RECITALS A. WHEREAS, on October 1, 1987, CITY and HARTSON MEDICAL SERVICES entered into an agreement entitled "Agreement between the City of National City and Hartson Medical Services for Basic and Advanced Life Support Services"; and B. WHEREAS, said agreement was assigned to Med-Trans, dba American Medical Response ("AMR"), and later to Laidlaw Medical Transportation, Inc.; and C WHEREAS, said agreement is currently assigned to Emergency Medical Services Corporation, dba American Medical Response ("AMR"); and D. WHEREAS, the term of said Agreement has been subsequently extended from time to time with the current term of said Agreement to expire on May 31, 2006; and E. WHEREAS, the CITY and AMR now wish to amend Section 17 of said Agreement, concerning the extension of the term of said Agreement. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and AMR agree to amend Section 17 of the "Agreement between the City of National City and AMR for Basic and Advanced Life Support Services," to include the following language: EXTENSION.. The term of this Agreement shall be extended for a period of sixty (60) days beyond the current expiration date to May 31, 2006. Except as otherwise provided herein, all of the provisions of the Agreement for Basic and Advanced Life Support Services between the City of National City and Hartson Medical Services, dated October 1, 1987, and amended on May 21, 1996, March 21, 2000, November 14, 2000, November 30, 2004, and December I, 2005 and which has been assigned to Emergency Medical Services Corporation dba American Medical Response, shall remain in full force and effect. Basic & Advanced Life Support Ambulance Service 1 Amendment to Agreement American Medical Response IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first herein set forth. CITY OF NATIONAL CITY By: Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Basic & Advanced Life Support Ambulance Service 2 EMERGENCY MEDICAL SERVICES CORPORATION DBA AMERICAN MEDICAL RESPONSE By: Title: By: Title: Amendment to Agreement American Medical Response AMENDMENT TO EXTEND AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND EMERGENCY MEDICAL SERVICES CORPORATION DBA AMERICAN MEDICAL RESPONSE (AMR) FOR A PERIOD OF 60 DAYS, FROM JUNE 1, 2006 THROUGH JULY 30, 2006, FORMERLY HARTSON MEDICAL SERVICES (MED-TRANS), FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICE This Amendment to Agreement is entered into this 16th day of May, 2006, by and between the City of National City ("CITY") and American Medical Response ("AMR"). RECITALS A. WHEREAS, on October 1, 1987, CITY and HARTSON MEDICAL SERVICES entered into an agreement entitled"Agreement between the City of National City and Hartson Medical Services for Basic and Advanced Life Support Services"; and B. WHEREAS, said agreement was assigned to Med-Trans, dba American Medical Response ("AMR"), and later to Laidlaw Medical Transportation, Inc.; and C. WHEREAS, said agreement is currently assigned to Emergency Medical Services Corporation, dba American Medical Response ("AMR"); and D. WHEREAS, the term of said Agreement has been subsequently extended from time to time with the current term of said Agreement to expire on May 31, 2006; and E. WHEREAS, the CITY and AMR now wish to amend Section 17 of said Agreement, concerning the extension of the term of said Agreement. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and AMR agree to amend Section 17 of the "Agreement between the City of National City and AMR for Basic and Advanced Life Support Services," to include the following language: EXTENSION: The term of this Agreement shall be extended for a period of sixty (60) days beyond the current expiration date to May 31, 2006. Except as otherwise provided herein, all of the provisions of the Agreement for Basic and Advanced Life Support Services between the City of National City and I-Iartson Medical Services, dated October 1, 1987, and amended on May 21, 1996, March 21, 2000, November 14, 2000, November 30, 2004, and December 1, 2005 and which has been assigned to Emergency Medical Services Corporation dba American Medical Response, shall remain in full force and effect. Basic & Advanced Life Support Ambulance Service 1 Amendment to Agreement American Medical Response IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first herein set forth. CITY OF NATIONAL CITY By: Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Basic & Advanced Life Support Ambulance Service 2 EMERGENCY MEDICAL SERVICES CORPORATION DBA AMERICAN MEDIC L RE PONSE By: Title: J5 By: Title: Amendment to Agreement American Medical Response City of National City, California COUNCIL AGENDA STATEMENT =4EETING DATE 05/16/06 AGENDA ITEM NO. 15 ITEM TITLE Resolution of the City Council of the City of National City Authorizing a Sole Source Purchase of Motorola Radios from Motorola in the amount of $29,892.62 from CDBG Funds PREPARED BY Walter Amedee, l.'Q DF��IT Homeland Security Manager, EXPLANATION Fire On March 21, 2006, the City Council approved Resolution #2006-56 allocating $30,000 in radios and associated equipment/hardware, to be paid from CDBG funds. This equipment, consisting of (2) XTL 5000 P25 Digital / Analog/Digital Mobile 700/800 HMz, 10-35 Watts Radios; (4) XTS 5000 Portable Model III Astro Digital / Analog 512 Modes Portable Radios; and (4) Vehicular Chargers will be placed in the Battalion Chief Command Vehicle and the first line engine that will be received in July 2006. Radio communication equipment is needed to place the engine in service in the community. Motorola components are needed in order to be compatible with our existing equipment and interoperable with other agencies. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.22(d) of the Municipal Code, and award the contract to Infinity Wireless Solutions for Motorola , since they are the sole source manufacturer of this equipment. Purchasing Ordinance #1480, section 12, subsection a(3), allows the bid process to be waived when the commodity being purchased is required to match or be compatible with other equipment presently on hand, and the purchase is made from the supplier who originally supplied such equipment. Environmental Review X N/A Financial Statement Funds are available and budgeted in account 900373. Account No. 900373 STAFF RECOMMENDATION Staff recommends the contract be awarded to Motorola, and authorize the Purchasing Agent to issue the resulting purchase order. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution. Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A SOLE SOURCE PURCHASE OF MOTOROLA RADIO EQUIPMENT FROM MOTOROLA IN THE AMOUNT OF $29,892.62 FROM CDBG FUNDS WHEREAS, on March 21, 2006, the City Council approved Resol 56 allocating $30,000 of CDBG funds for the purchase of radios and associated hardware for the Fire Department; and WHEREAS, the radio equipment is needed for the first line fire be received in July 2006 and in the BattalionChief Command Vehicle; and WHEREAS, it is necessary to purchase the radio equipment which is the only radio system compatible with the fire department's existing interoperable with other agencies; and WHEREAS, pursuant to Section 2.60.220B of the Municipal process may be waived when the commodity can be obtained from only one ven ution No. 2006- equipment and engine that will from Motorola, equipment and Code, the bid dor. NOW, THEREFORE, BE IT RESOLVED that the City Council National City hereby waives the bid process and authorizes the purchase of equipment for the first line fire engine that will be received in July 2006, and Chief Command Vehicle. PASSED and ADOPTED this 16th day of May, 2006. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney of the City of Motorola radio in the Battalion Nick Inzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. 16 ITEM TITLE Resolution of the City Council apprpving a Conditional Use Permit for a new 1,350 Square Foot 1 Mini -Mart and for Beer and Wine Sales for Off -Site Consumption and a Zone Variance for less than Required Parking at an existing Gas Station in Sweetwater Square Shopping Center at 3009 Highland Avenue. (Applicant: Saad Pattah) (Case File CUP-2005-6/Z-2005-3) WA PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The City Council took action at their May 2, 2006 meeting to approve this permit, including. modified conditions regarding beer and wine sales. Changes to the Conditions of Approval include the modification of Condition #17, further clarifying that floor sales of alcohol are prohibited, and a modification of condition #8 prohibiting alcohol sales between 10:oopm and 8:00am and requiring alcohol coolers be locked during these hours (see attached). The attached Resolution is needed to follow through on that action. Environmental Review N/A Exempt Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION w(f► Adopt the attached Resolution i BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Resolution J A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A NEW 1,350 SQUARE -FOOT MINI -MART AND FOR BEER AND WINE SALES FOR OFF -SITE CONSUMPTION AND A ZONE VARIANCE FOR LESS THAN REQUIRED PARKING AT AN EXISTING GAS STATION IN SWEETWATER SQUARE SHOPPING CENTER AT 3009 HIGHLAND AVENUE APPLICANT: SAAD PATTAH CASE FILE NO. CUP-2005-6/Z-2005-3 WHEREAS, the City Council of the City of National City considered both a Conditional Use Permit application for a new 1,350 square -foot mini -mart with beer and wine sales, and a Zone Variance application for less than required parking at an existing gas station in Sweetwater Square Shopping Center at 3009 Highland Avenue at a duly advertised public hearing held on May 2, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. CUP-2005-6YZ-2005-3 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein are found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on May 2, 2006, support the following findings: FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT FOR A NEW MINI -MART AND FOR BEER AND WINE SALES FOR OFF -SITE CONSUMPTION 1. That the site for the proposed use is adequate in size and shape, since the 11.5- acre shopping center can accommodate the small additions, which total approximately 1,350 square -feet, to an existing gas station, and the proposed mini -mart store will have room available for the incidental sale of beer and wine for off -site consumption. 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 gasoline station is currently existing on -site and added trip generation as a result of the mini -market is minor, approximately 120 more trips a day, and since fifty percent of gas station traffic is estimated to be pass -by traffic that is not generated', by the market but by other destination uses, and since Highland Avenue, a major arterial with a capacity of 25,000 ADT, is currently operating under its capacity. Also, the gasoline station is currently existing on -site and the addition of accessory alcohol sales will not substantially affect traffic. Resolution No. 2006 — May 16, 2006 Page 2 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the commercial corridor that Sweetwater Square shopping center is located in is designed and intended for gasoline service stations and other retail commercial uses, and because gas sales are currently existing on - site, and conditions of approval will limit the types and sizes of product that can be sold and prohibit loitering and drinking on the premises. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will allow FiIICo, which is an established and allowed use in the applicable commercial zone, to offer a larger variety of products to its customers, similar to other existing retailers. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. FINDINGS FOR APPROVAL OF A VARIANCE FOR REDUCED PARKING 1. That because of special circumstances applicable to the property, including size, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the gas station is located in the southwest corner of the site to achieve greater visibility, and the necessary area for circulation to access the pumps limits the parking. However, due to the size of the overall shopping center and relatively small reduction in parking (<2%), the increase of the mini -mart does not limit the functionality of the overall site. 2. That the requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since conditions affecting operation, including plans identifying a mini -mart adjacent to the gas station, will result in the additional square -footage that triggers the parking increase to be used almost exclusively by pass -by traffic or by traffic already visiting the site. Also, due to the size of the overall shopping center and relatively small reduction in parking (<2%), the increase of the mini -mart does not limit the functionality of the overall site. 3. That the variance does not authorize a use or activity that is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since a gasoline station and mini -mart are allowed in the General Commercial (GC) Zone, and the gas station use currently exists on site. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit for a mini -mart and Variance for reduced parking are approved subject to the following conditions: Resolution No. 2006 — May 16, 2006 Page 3 1. This Conditional Use Permit authorizes a 1,350 square -foot mini -market and the sale of beer and wine for off -site consumption at 3009 Highland Avenue. 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-2005-6/Z-2005-3, dated February 6, 2006. 2. 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. 3. 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. 4. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 5. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. 6. Exterior walls of buildings/freestanding signs/trash enclosures to a height of not less than 6-feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 7. Permittee shall comply with all regulatory provisions of Business and Professions Code Sections 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 8. The sale of alcoholic beverages shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., and the coolers containing alcohol product shall remain locked during these hours. 9. The sale of fortified wines and malt liquor shall be prohibited. 10. The sale of beer in quantities of quarts, 22-ounce, 32-ounce, 40-ounce, or similar size containers is prohibited. No beer products shall be sold in less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 11. No wine shall be sold in containers of less than 750-milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 12. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. Resolution No. 2006 — May 16, 2006 Page 4 13. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17-inches by 22-inches in size, with lettering not less than one -inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed on or in front of these premises." 14. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 15. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 16. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three -pounds per sale. Ice shall not be provided free of charge. 17. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit "A", Case File No. CUP-2005-6/Z-2005-3, dated February 6, 2006. The display and sale of alcohol from the merchandise floor is prohibited. 18. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 19. All persons who sell and handle alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control, Responsible Hospitality Coalition, or such training certified by the California Council on Responsible Beverage Service. 20. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 21. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. Resolution No. 2006 — May 16, 2006 Page 5 22. No coin operated amusement devices shall be operated on the licensed premises. 23. Permittee shall be responsible for maintaining the exterior free of debris and graffiti, and shall maintain well -lit area during the course of operation. 24. A drainage plan shall be submitted showing all of the proposed and 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 the City requirements. 25. The Priority Applicability checklist for the Standard Urban Stormwater Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) and approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 26. The Best Management Practices (BMP's) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations, which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 27. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for the plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. The deposit is subject to adjustment according to actual worked hours and consultant services. 28. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6-inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 29. 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 Resolution No. 2006 — May 16, 2006 Page 6 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. 30. 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 shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 16th day of May, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of Nati nal City, California COUNCIL AG NDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. 17 r � ITEM TITLE Resolution authorizing the City Council to award the purchase of a Niton XLp 300A Lead Analyzer to Thermo Electron Niton Analyzers, for the purpose of testing for the presence of lead paint in existing housing, therefore, preventing lead poisoning in children under the age of 6 and utilizing $18,990 in federal funds. PREPARED BY Antonio Garcia EXPLANATION See attached Staff Report DEPARTMENT Building & Safety 4267 Environmental Review X N/A Financial Statement Approved By: 4 21 s Financ erector $20,000 in funds is available through the CDBG Housing Inspection Program Account No. 301-413-132-399-0000 STAFF RECOMMENDATION Staff recommends that City Council grant the aw rd to Thermo Electron Niton Analyzers; and that authority be given to Purchasing Agent to issue t e resulting purchasing order. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Explanation Resolution Quotes Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASE OF A NITON',XLP-300 A SERIES LEAD ANALYZER FROM THERMO ELECTRON NITON ANALYZERS UTILIZING $18,990 IN FEDERAL FUNDS AVAILABLE THROUGH THE CDBG HOUSING INSPECTION PROGRAM FOR THE PURPOSE OF TESTING FOR THE PRESENCE OF LEAD PAINT IN EXISTING HOUSING WHEREAS, the standard lead paint analyzer in the state of California is the Niton XLp-300 A Series Lead Analyzer, which isl the chosen instrument for the State of California Childhood Lead Poison Prevention Program and CAL -OSHA; and WHEREAS, the City's lead paint inspectors are currently trained to operate the Niton XLp-300 A Series Lead Paint Analyzer; and WHEREAS, federal funds thrfough the CDBG Housing Inspection Program are available for the purchase of a lead paint analyzer; and WHEREAS, of the two manufacturers of the lead paint analyzers, Thermo Electron Niton Analyzers and RMD, Inc., staff has determined that the Niton XLp-300 A Series Lead Paint Analyzer is a superior machine at a lower cost. WHEREAS, pursuant to Secltion 12.60.220(D) of the National City Municipal Code, the Purchasing Agent may dispense ;with the requirements of the bidding process when the City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure. NOW, THEREFORE, BE IT (RESOLVED that the City Council finds that special circumstances exist, and authorizes the waiver of the bidding process for the purchase of a Niton XLp-300 A Series Lead Paint Analyzer from Thermo Electron Niton Analyzers. PASSED and ADOPTED this 16th day of May, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Explanation The Building and Safety Department determined that the Niton XLp-300 A Series Lead Analyzer is the standard in the State of California for lead paint analysis. It is the chosen instrument for the State of California Childhood Lead Poison Prevention Program. In addition it is the chosen machine for CAL -OSHA and Lead Inspectors have been trained on the Niton XLp-300 A. The Building and Safety Department located two companies who manufacture lead paint analyzers. These two companies are Niton and RMD, Inc. and was contacted for equipment information and a quote. The Building and Safety Department did determine that the Niton is a superior machine. Several key advantages include: 1) it emits approximately 1/5 the amount of radiation, thus making it safer for staff to use, 2) Niton was funded by the Environmental Protection Agency to advance the technology, therefore providing a more advance machine, 3) the machine is required by the Department of Toxic Substance for use at schools, 4) Niton requires only 2 readings, compared to the RMD, Inc. requirement of 3 readings, making it more accurate, 5) Niton will need to be re -sourced once every approximately 40 months compared to RMD, Inc. needing every approximately 18 months costing about $2,400 every time, 6) A purchase of the 24 mos. extended limited warranty for parts and labor will still result in costing less than RMD, Inc. without such service. The cost comparison is as follows: Niton XL-300 Series RMD, Inc. Basic Machine $16,995 $13,995 Discount - 0 - 1,000 Re -source needed (40 months) N.A. 7,400 Extended Warranty 24 mos. 1,995 Not Indicated Total $18,990 $20,395 Since price quotes already exist, and there are no other known sources to contact, it is felt that no further purpose would be served by initiating a bid process. As authorized by Purchasing Ordinance #1480, Section 12a4, it is requested that the City Council declare that special circumstances exist, and that it is in the City's best interest to buy the Niton XLp-300 A Series Lead Paint Analyzer without compliance to the formal bidding process. Geotechnical Services Quote # 341 May 1, 2006 Janet Flores City of National City, CA Dear Janet, As requested, please find the quote below for a NITON XLi/p 300 and 700 Series Analyzer. This proposal is valid 30 days from the above date. Environmental Products Price Quote Product name _ Source configuration Lead paint mode Thin sample modes Soils/Bulk sample mode Price XLp / XLi 300A Lead Analyzer For Paint HUD/EPA Approved 'XLp Cd-109 (40 mCi) X **$16,995.00 / XLi 301A Lead Analyzer > For Paint and Thin Film Cd-109 (40 mCi) X X • $19,690.00 XLp / XLi 302A Lead Analyzer > For Paint and Bulk sampling Cd-109 (40 mCi) X X $19,690.00 XLp / XLi 303A Lead Analyzer ➢ For Paint, Dust Wipe, Air Filter, and Bulk sampling Cd-109 (40 mCi) X X X $20 1)00O0 XLp / XLi 701A Lead Analyzer ➢ For Paint and Thin Film ➢ Multi -element analysis > Cr, Mn, Fe, Co, Ni, Cu, Zn, As, Se, Rb, Sr, Zr, Mo, Hg, Pb Cd-109 (40 mCi) X X $26,395.00 XLp / XLi 702A Lead Analyzer ➢ For Paint and Bulk sampling ➢ Multi -element analysis ➢ Cr, Mn, Fe, Co, Ni, Cu, Zn, As, Se, Rb, Sr, Zr, Mo, Hg, Pb Cd-109 (40 mCi) X X $26,395.00 XLp / XLi 703A Lead Analyzer ➢ For Paint, Dust Wipe, Air Filter, and Bulk sampling ➢ Multi -element analysis > Cr, Mn, Fe, Co, Ni, Cu, Zn, As, Se, Rh, Sr, Zr, Mo, Hg, Pb Cd-109 (40 mCi) X X X $29,395.00 "Please note that this is a 44mCi Cd109 source which will not need to be resourced for 4 years. STANDARD SPECIFICATIONS Instrument Description 1 Standard features All instruments General Two rechargeable battery packs; battery charger; AC power supply (special order); carrying case; data transfer software; PC connection cable; SpectraView element scanner; 12-month limited warranty on narts and labor (batteries. accessories, re -sourcing Geotechnical Services 2852 Walnut Ave Ste E-1 Tustin, CA 92780 Toll -Free 800-524-91114 Phone 714-832-5610• Fax 714-832-8766 Email deblyn@geotechnical.net• Website www.geotechnical.net Geotechnical Services cote # T and routine maintenance are not included). Includes no -charge, on -site operator training, All XLi/XLp 700 series models Ergonomically designed, hand- held analyzer with high -resolution Si -PIN diode Integrated touch screen with "virtual" keyboard" + integrated bar code scanner for sample ID input; NDTO software suite including remote control operation via PC; password -protected set-up and operation with proximity button and safety interlock; shielded belt holster. XLi/XLp 301, XLi/XLp 701 Thin sample analyzers Supplied with test stand, 100 filter holders, dust wipe holder, 100 ASTM-approved dust wipes with bags, and calibration check standards. XLi/XLp 302, XLi/XLp 702 Bulk/soil sample analyzers Supplied with complete sample collection and preparation accessories including sieves, 100 sample cup assemblies, test stand, NIST SRM's for calibration check, sample grinding equipment, cleaning brushes, sample collection tools, in -situ test guard and deluxe soil grinder. XLi/XLp 303 XLi/XLp 703 Thin and bulk sample analyzers Supplied with both thin sample and bulk sample collection and preparation accessories as above. STANDARD SPECIFICATIONS, Cont' XLp Pistol -grip Isotope -based thin and/or bulk sample analyzer XLi Phaser shaped Isotope -based thin and/or bulk sample analyzer Yr ADDITIONAL MODE OPTIONS XLp-300 Add on: L.I.S.A. (lead- in -soil - analysis) US EPA Method 6200 XLp-300 Add on: Dust Wipe Analysis EPA -ETV Approved, OSHA OSS1 Includes test platform <100-ppm concentration in 60 seconds. Contains soil calibration and software with complete sample collection and preparation accessories including sieves, 100 sample cup assemblies, test+ stand, NIST SRM's for calibration check, sample grinding equipment, cleaning brushes and sample collection tools. Price at time of instrument purchase only. Includes test platform; 100 ASTM approved dust wipes & holders; Dust Wipe calibration and software and reference standards. Price at time of instrument purchase only. $2,695.00 $2,695.00 XLp-300 Add on: Air Filter (NIOSH 7702, OSHA OSAI.) plus Dust Wipe Analysis Includes test platform; 100 37mm diameter cellulose ester filter holders; Air Filter sample calibration and software; 100 ASTM approved dust wipes & holders; Dust Wipe calibration and software and reference standards. Price at time of instrument purchase only. $3,695.00 Geotechnical Services 2852 Walnut Ave Ste E-1 Tustin, CA 92780 Toll -Free 800-524-9111. Phone 714-832-5610• Fax 714-832-8766 Email deblyn@geotechnical.net• Website www.geotechnical.net Geotechnical Services Quote # 341 XLp-300 Add on: L.I.S.A. plus Dust Wipe plus Air Filter Analysis EXTENDED WARRANTY OPTIONS Supplied with both thin sample and bulk sample collection and preparation accessories as above. $4,995.00 Option Price 12 month Limited warranty (Does not include replacement of excitation source) Included Limited warranty extended to 24 months (Does not include replacement of excitation source) $1,995.00 Limited warranty extended to 36 months (Does not include replacement of excitation source) $2,995.00 NON -WARRANTY SERVICE Delivery: Estimated two to six weeks ARO, subject to completion of training and licensing/registration requirements, if any.Terms: 25% Deposit (wire transfer, check, American Express, Discover, MasterCard or Visa); balance due on delivery or NET 30 with 3 personal and 1 bank reference pending approval(please send references with PO). Due to ongoing development and continual product improvement, product specifications contained within this price list are subject to change without notice. Purchase Orders must be addressed to: Thermo Electron NITON Analyzers 900 Middlesex Tpke Bldg #S Billerica, MA 01821 Feel free to contact me with any questions or further needs. Thank you for your interest in NITON instruments. We look forward to working with you in the near future. Sincerely, Deblyn Palella Niton Representative Geotechnical Services 2852 Walnut Ave Ste G Tustin, CA 92780 714-832-5610 714-832-8766 deblynAgeotechnical.net Geotechnical Services 2852 Walnut Ave Ste E-1 Tustin, CA 92780 Toll -Free 800-524-9111. Phone 714-832-5610. Fax 714-832-8766 Email deblyn@geotechnical.net• Website www.geotechnical.net RMO Instruments, LLC April 26, 2006 Ms. Janet Flores National City Lead Hazard Control Program P: (619) 336-4563 jflores(aci.nationai-citv.ca.us OUOTATION NO, 0426PAD06-02 ITEM: LPA-I Lead Paint Spectrum Analyzer Package DESCRIPTION: Each package contains: A. Measuring unit(s) to include Analyzer enclosure(s) with analyzing source, detector assembly and electronics. Accessories include two rechargeable batteries, one battery charger, Set of two stabilizers, one interface cable, one carrying case, one calibration standard and a complete set of instruction manuals B. LPA-1 Analytical Software to include: One set of Windows based analyzing software for down loading the data and report generation. C. Additional services included are as follows: Radiation Safety and system operation training for both the LPA-1 and the PDR hand-held unit by RMD's technical staff for one day (8 hours) at designated training sites at the time of delivery. OPTIONS: LPA-1 PDR Analytical Software loaded on a hand held computer: The RMD PDR software is designed to run in the field on the HP iPAQ palm top computer. The system includes the hand-held computer, the PDR software, PDR bracket and PDR Sync Software. PRICES: LPA-1 package: Instrument Discount: Optional PDR System: LPA-1 / PDR Package Discount: Shipping (Fed Ex 2" Day): Unit Price $13,995.00 ($1,000.00) $1,535.00 ($500.00) $65.00 Total: $13,595.00 TERMS, DELIVERY, AND WARRANTY: Full Payment or Lease Purchase Order Required prior to shipment Government Agencies: Purchase Order required prior to shipment RMD manufacturer's training certification required prior to shipment Radioactive Material License or Registration required prior to shipment Quotation valid for 90 days from date listed above Delivery: 90 Days ARO Warranty: Parts and labor - 1 year Pau (,( ,7>e.Ffiro r,'o Paul A. Delmonico Sales Coordinator 44 Hunt Street, Watertown, MA 02472 (617') 668-6901 Fax (617) 926-9743 www.rmd-Ipal.com City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. 18 ITEM TITLE Resolution of the City of National City Accepting the Work from Portillo Concrete In \ approving the Contract Final Balance Change Order List with the Final Amount at $120,724, authorizing the filing of a Notice of Completion for the Miscellaneous Concrete Improvement Project at Various Locations, Specification No. 05-4 PREPARED BY Yolando Vitug DEPARTMENT Engineering EXT. 4414 EXPLANATION On December 6, 2005 by Resolution No. 2005-251, the City Council awarded a contract to Portillo Concrete, Inc. for the Miscellaneous Concrete Improvement Project at Various Locations, Specification No. 05-4. Based upon the estimate bid quantities, the total bid cost for the project was $120,725.00. On April 18, 2006, the Contractor commenced the work. During the construction phase, certain bid quantities were adjusted to reflect the actual measured improvements in the field. As a result of the adjusted quantities, the Contract amount was decreased per each bid unit in the total amount of $1.00. The adjusted quantities (highlighted) are further detailed in the attached Contract Final Balance Change Order List. On April 20, 2006, a final inspection was conducted and the work was found to be in accordance with the approved plans and specifications. The Contractor has submitted the final contract documents for the project closure. The purpose of the Contract Final Balance Change Order List is to finalize the contract quantities and construction completion time, and to address the adjusted work for acceptance of the project completion. The total final contract amount for the construction is $120,724. Environmental Review N/A Financial Statement The total cost of the project was estimated to be $120,725. GA`' Funding is available through Account No. 109-409-500-598-6134 and 109-409Accou-500-5ezl.137. nt o. (STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Contract Final Balance Change Order List 3. Notice of Completion A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FINAL CONTRACT BALANCE CHANGE ORDER FROM PORTILLO CONCRETE, INC., IN THE AMOUNT OF $120,724, AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR MISCELLANEOUS CONCRETE IMPROVEMENTS INCLUDING CURBS, GUTTERS, SIDEWALKS AND PEDESTRIAN RAMPS AT VARIOUS LOCATIONS WITHIN NATIONAL CITY (Engineering Specification No. 05-4) WHEREAS, at its regular meeting on December 6, 2005, the City Council adopted Resolution No. 2005-251, which awarded a contract to Portillo Concrete, Inc., for miscellaneous concrete improvements, including curbs, gutters, sidewalks and pedestrian ramps at various locations within National City; and WHEREAS, a change order, is required to finalize the contract quantities and construction completion time, and to address the adjusted work for acceptance of the project completion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby approves the Contract Final Balance Change Order for the National City Resurfacing Project. BE IT FURTHER RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Portillo Concrete, Inc., Engineering Department Specification No. 05-4, for miscellaneous concrete improvements, including curbs, gutters, sidewalks and pedestrian ramps at various locations within National City, has been completed, the City Council of National City hereby accepts said work, authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 16th day of May, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONTRACT FINAL BALANCE CHANGE ORDER LIST MISCELLANEOUS CONCRETE IMPROVEMENT PROJECT AT VARIOUS LOCATIONS, SPECIFICATION NO. 05-04. DATE: 5-16-06 PROJECT N 20. 6134 & 6137 CONTRACTOR: PORTILLO CONCRETE, INC. BID ITEMS COMPLETION DATE : 4-20-06 NO ITEM QUAN- TITY UNIT UNIT PRICE ORIGINAL AMOUNT FINAL QUANTITY FINAL AMOUNT Clearing & Grubbing Including the Storm Water Pollution Prevention 1 LS $5000.00 $5000.00 I $5000.00 2 Concrete Sidewalk Removed & Replace per G-7 2700 SF $7.00 $18,900.00 3434 $24,038.00 3 Install Ped. Ramp per G-28, Type A -I or Modified 2 EA $1,500.00 $3000.00 2 $3000.00 4 Install Ped. Ramp per G-29 or Modified 16 EA $1,500.00 $24,000.00 16 $24,000.00 5 Install Ped. Ramp per G-31 or Modified (with Curb or gravity wall on PL) 7 EA $1,500.00 $10,500.00 7 $10,500.00 6 New 6" or 8" Type "G" Curb & Gutter per G-2 550 LF $30.00 $16,500.00 517 $15,510.00 7 Remove & Replace Curb & Gutter per G-2 10 LF $50.00 $500.00 68 $3,400.00 8 Variable Thickness AC 45 TN $175.00 $7,875.00 24 $4,200.00 9 Traffic Control 1 LS $3000.00 $3,000.00 1 $3,000.00 10 Install New Sidewalk per G-7 3850 SF $7.00 $26,950.00 3118 $21,826.00 II Crushed Misc. Base 20 TN $100.00 $2,000.00 21 $2,100.00 12 Remove & Replace Driveway per G-14 A/B 50 SF $50.00 $2,500.00 83 $4,150.00 Total $120,725.00 $120,724.00 Sheet 1 of 2 4 MISCELLANEOUS CONCRETE IMPROVEMENT PROJECT AT VARIOUS LOCATIONS, SPECIFICATION NO. 05-04. DATE: 5-16-06 PROJECT N 20. 6134 & 6137 CONTRACTOR: PORTILLO CONCRETE, INC. The total contract price for the base bid to date is $ $120,724.00 COMPLETION DATE : 4-20-06 The Contractor accepts this Contract Final Balance as full compensation for the work.. Recomme • • for Approval by: in Daneshfar, City Projec anager Mario Portillo President, Portillo Concrete, Inc. D 3,—/e/‘ Sit 7°G Date Stephen M. Kirkpatrick, City Engineer Date City of National City Resolution Number Date Sheet 2 of 2 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on May 16, 2006, of the MISCELT,ANEOTIS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPEC. NO. 05-04 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Various Locations at National City, Ca 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: City of National City Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with PORTILLO CONCRETE, INC Name of Original Contractor The following work and material were supplied: Saw -Cutter Operator, Mason Laborer, Equipment; Utility Trucks and Concrete Truck. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: _NLA Joint tenants, tenants in common, or other owners Dated: , 2006; Signature of Owner Nick Inzunza, Mayor City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2006, at , California. Signature: NICK INZUNZA, MAYOR FORMS/NOCQ97-10 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. 19 (-ITEM TITLE Resolution of the City Council to approve, accept, and record Lona Manor Condominiums Subdivision Map located at 835 18th Street East of Highland Avenue (S-2005-08, CUP- 2005-14). PREPARED BY EXPLANATION Adam Landa DEPARTMENT Engineering Ext. 4394 Mr. Steven Strebig, the owners of the Lona Manor Subdivision, has submitted a final map for the property located at 835 181h Street for the City Council's approval, acceptance, and fling with the County Recorder. The final map consists of 20 condominiums units. The Planning Commission, on September 19, 2005, has reviewed and approved the tentative map. The City Council approved the tentative map by Resolution 2005-228 on October 18, 2005. All findings have been complied with the State Subdivision Map Act and Title 17 of the City of National City Municipal Code. The Engineering and Planning Department have also approved the final map. There is a street easement dedication on this map. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Subdivision Map Resolution No. Iona A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE:, ACCEPT AND RECORD THE FINAL SUBDIVISION MAP FOR LONA MANOR CONDOMINIUMS LOCATED AT 835 EAST 18TH STREET, EAST OF HIGHLAND AVENUE (CONVERSION OF RESIDENTIAL REAL PROPERTY TO CONDOMINIUM PROJECT; S-2005-8, CUP-2005-14) WHEREAS, at a regular meeting of the City Council held on October 18, 2005, the City Council adopted Resolution No. 2005-228, approving the tentative subdivision map for Lona Manor Condominiums located at 835 East 18th Street, east of Highland Avenue, generally described as: All that portion of the westerly half of the westerly half of the southerly half of 20 acre Lot 1, quarter section 133, Rancho De La Nacion, in the City of National City, County of San Diego, State of California according to map thereof No. 166, filed 'in the office of the County Recorder of San Diego County, May 11, 1869. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby makes the following findings: 1. Each of the tenants of the proposed condominium project has received, pursuant to Government Code Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map, pursuant to Government Code Section 66452. 2. Each tenant and each person applying for the rental of a unit in such residential property has, or will have, received all applicable notices and rights now or hereafter required by Chapter 2 or by Chapter 3 of Division 2 of Title 7 of the Government Code. 3. Each tenant has received 10 days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report vvill be available upon request. 4. Each tenant of the proposed condominium project has been given written notification within 10 days of approval of the final map for the proposed conversion. 5. Each tenant of the proposed condominium project has been, or will be given, 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. 6. Each tenant of the proposed condominium project has been, or will be given, notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. Resolution No. 2006 — May 16, 2006 Page 2 The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of his or her intention not to exercise the right. BE IT FURTHER RESOLVED by the City Council of the City of National City that the final subdivision map for Lona Manor Condominiums located 835 East 18th Street, east of Highland Avenue is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 16th day of May, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 111At' IV U. CITY OF NATIONAL CITY TRACT NO. 2005-08 CASE FILE NO. S-2005-08 OWNER'S STATEMENT: I HEREBY STATE THAN 1 AM THE OWNER 0F. CR AM 'NTERESTED IN THE LAND SUBDI'JIDED BY THIS MAP AND I HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP CONSISTING OF 2 SHEETS AND DESCRIBED IN THE CAPTION THEREOF. NATCAT, LLC, A CALIFORNIA LIMITED 'JABR: TT COMPANY, AS OWNER EY STESEN L. STREBIC, MEMBER DATE NOTARY ACKNOWLEDGMENTS: STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) S.S. ON 2005 BEFORE 5.1E. A NOTARY PUBLIC, PERSONALLY APPEARED PERSO4AL',Y KNOWN TO ME (OR PROVED TO ME ON 'HE BASIS OF SATSFACTORY EVIDENCE TO BE THE PERSON(S) WH0SE NAME(5) IS/ARE SUBSCRIBED TO 1FE WTHIN INSTRUMENT AND ACKNCW..EDGED TO LIE THAT (HE/SHE/THEY) EXECUTED THE SAME IN ;HIS/HER/THEIR AU TIORIZEC f,APACITY(IES). AND THAT BY HIS/HER/THEIR SIONATURE(S) ON 7HE INSTRUMENT THE PERSONS), OR THE ENDTY UPON BEHALF OF WHICH THE PERSON(S) AC'EJ. EXECUTED THE INSTRUMENT. WITNESS MY HAND. PRINT NAME: NOTARY PUBLIC IN AN0 FOR SA10 COUNTY AND STATE M" PRINCIPAL PLACE OF BUSINESS IS IN SAN OIEDD COUNTY COMMISSION NUMBER: MY COMMISSION "XP:REE L LANDMARK ENGINEERING CORPORATION 2805 CAMINO DEL ARID SOUTH E SUITE 321 C SAN DIEGO, CA 02108 (BAR) 200-0420 SU30IA1510h MAP FOR CONDOMINIUM PURPOSES OF THAT REAL. PROPERTY SITUATED IN 1HE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO. STATE 0" CALIFORNIA, DESCRIBED AS FOLLOWS: ALL THAT PORTON DF THE WESTERLY HALF OF THE WESTERLY FALF OF THE SOUTHERLY .HALF OF 20 ACRE LOT 1, QUARTER SECTION 133, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY. COUNTY OF SAN DIEGO, STATE OF CAUFORNIA ACCORDING TO MAP THEREOF N0. 168. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. MAY II, 1B69. SUBDIVISION GUARANTEE FURNISHED BY: COMMONWEALTH LAND TITLE COMPANY: ORDER NO. 046053E9-5a DATED: INSURES THAT ALL PARTIES HAWNG AN ',NTEREST 'N THIS DMOED LAND. AND ',MOSE SIGNATURES ARE NECESSARY TO THE RECORDATION OF THIS NAP ARE SIGNATURES HERETO. CONDOMINIUM MAP STATEMENT THIS IS 4 MAP OF A CONDOMINIUM PROJECT AS DEFINED IN SECTION I350 ET SET. OF THE STATE OF CALIFORNIA GIVIL CODES, THE NUMBER OF CONDOMINIUM DWELLING UNITS IS 20, AND IS FILED PURSUANT TO THE SU8DIN90N MAP ACT. COUNTY TREASURER -TAX COLLECTOR STATEMENT WE. COUNTY TREASURER -TAX COLLECTOR OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ANO DIRECTOR, DEPARTMENT OF PUBLIC WDRKS OF SA.D COUNTY, HEREBY CERTIFY THAT THERE ARE NO 'UNPAID SPECIAL ASSESSMENTS OR BONDS WH)CH MAY BE PAID IN FULL, SHOWN BY THE BOOKS OF OUR OFFICES AGAINST THE TRACT OR SUBDIVISION, OR ANY PART THEREOF SHOWN ON THE ANNEXED MAP AND DESCRIBED IN THE CAPTION THEREOF. SAN MCALLIS TER B,. COUNTY TREASURER: AX COLLECTOR - DEPU1 JOHN L. SNYDER DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS DATE. DATE: BY. FCR 01REC CITY CLERK'S CERTIFICATE: WE, NICK INZUNZA. MAYOR, AN0 MICHAEL R. CALLA, CITY CLERK. OF THE CITY OF NATIONAL CITY, CALIFORNIA, HEREBY CERTIFY THAT THE al, COUNCIL. BY RE50LUT10N ND. HAS APPROVED THIS MAP CONSISTING OF 2 SHEETS, BY: BY NICK INZUNZA MAYOR NATIONAL CITE', CALIF0RNIA MICHAEL R. CALLA CITY CLERK NATIONAL CITY. CALIFDRNIA DATE: DATE. SHEET 1 OF 2 SHEETS SURVEYOR'S STATEMENT: 1, LAWRENCE E 001E, A LICENSED LAND S1RlE10R OF 010 STATE OF CMJFDRNIA, NERsy STALE THAT WE 9MTEY of THIS SVB0N90N WAS PREPARED BY NE OR UNDER 4Y DRECTE N AND IS BASED UPON A RRD SOPPY AT THE REQUEST OF STEM STlI S. TRUSTEE OF CENTURY DEVELOPMENT TRUST, IIDT, R ARIL 2C06, µD THAT SAD BURYEY 15 TRUE µ0 COMRFIE K SHOW THAT Ai STANDS, TIONPROAr2,µ0 YARNS FOUND, TOGETHER NTH THOSE SET. ARE Cr THE CHARACTER INDICATED AND OCCUPY THE POSITIONS SHORN HEREON, AND 1 HILL SET ALL OTHER MONUMENTS OF CHARACTER AND AT THE P09T045 INDICATED BY THE THE LEGEND ON THIS MAP R1HR 30 OAK AFTER COMPLETION OF THE RETUNED RPROVDIEMTS µ0 ALL SUCH MONUMENTS ARE OR TEL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED (SEE LEGEND CH SHEET NO 2). I HEREBY STATE THAT THIS MAP SUBSTANTIALLY CORFURMS TO THE APPROVED OR CDigTCNALLY APPR0VE0 TENTATIVE MAP. 0 LAWRENCE E COE LS SOB] DATE MY LICENSE EXPRES 5/30/07 CITY ENGINEER'S STATEMENT: I, ROBERTO SAUCED%, PUBLIC WORKS DIRECTOR OF THE CITY OF NATIONAL CITY HEREBY STATE THAT I NAVE MIMED THIS MAP; THAT THIS SUBDIN90N IS SUBSTANTIALLY TIE SAME AS IT APPEARED oN THE RNTATIE HAP. IF ANY, AND µY APPROUED ALIERATGNS THEREOF: THAT IT COMPLIES RTH THE SUBDM90N MAR ACT AND µY LOGA ORDINANCES APPUCABLE AT THE THE DF APPROVAL or THE TENTATIVE HAP AND THAT 1 AH SA119E0 THAT THIS WA IS TECHNICALLY CORRECT. ROBERTO SAUCEDO. PUBLIC WORKS DIRECTOR R,C,E. 29671 MY REOSIRATON MIRES MARCH 31, 2007 DATED: TAX DEPOSIT CERTIFICATE: I, THOMAS J PASTUSBCA CLERK Cr TIE BOARD OF 9IPERVBDIRS HEREBY CERTIFY THAT THE PR0M90M5 OF THE 919DI4SBN NAP ACT (DAMSON 2 OF TILE J, OF NNE DOLCRNMENT.000E) RETARDING (A) DEPOSIT FOR TAROS AND (B) CERTIFICATION OF THE ABSENCE Cr LIENS FOR UNPAID STATE. COUNTY. MUNICIPAL OR LOCAL TARES, OR SPECIAL ASSESSMENTS COI ACTED AS TAXES. EXCEPT THOSE NOT YET PAYABLE HAVE BEEN COMPUTED NTH. 1HOMAS J. PAST SINA CLERK OF RE BOARD CF 9RERWSDRS DATE: BY: 004UTY COUNTY RECORDER'S CERTIFICATE FILE N0. GREGORY J SMITH, RECORDER OF THE COUNTY OF SAN DIEGO HEREBY CERTIFY THAT I HAVE ACCEPTED FCIR RECORDATION THIS MAP FILED AT THE REDDEST OF LAWRENCE E COLE. THIS DAY OF . 2005, AT O'CLOCK, A. GREGORY J. SMITH COUNTY RECORDER Br: FEE: $10.00 DEPUTY MAY NU. S TATICN' 'CPS" =OUND 2.5" SRA55 DISC STAMPED "ROE 27645 CP9'. LOCATED IN 510EWALK 36t NORTHERLY F?OM 'HE NORTHNESTFRLY OCR OF T,IE NOOLNEAS'ERLY CORNER OF INC INTERSECTION OF PLAZA 90ULEVARO ANO HIGHLAND AVENUE N=1827049.59 E=630071255 EL=36. 56' (5050 29) VICINITY MAP N0 SCALE FOUND 3/4" IRON 110E MTH DISC STAMPED -LS 2284- PER P.M. 19051 EDLND LEAD 6 TACK PER C.R. 3.2. P.O.S. 13453 6 P.M. 19051 SWLY CORNER OF 20 ACRE LOT 1- i CITY OF NATIONAL CITY TRACT NO. 2005-08 50114D STREET MONUMENT PER P.M. 19051 Y R.C.S. 13495, NW CDR. 5E5. 133 39.52' 330.19' 16TH STREET 9472'07103'E 660.39' (992-07'261) 2'07'03' N65'34'27'V 2823.15' GRID .2823.29' GROUND ,AI BASIS BEARINGS 'I 590.40' 24.03' 330.19' `p. 14 `o P C i0 16 0. �1 \t(,. C)<i FOUND LAD & DISC10 Cj/ STAMPED 'LS 4060 GO 4� PE? R.O.S. 13498 1 \ 5 h P.M. 19051 ` '''\ \ 33 N72V5'1 FOUND 3/4' IP W/DISC STAMPED "LS 3055" ON 5.00' OFFSET PER C.A. 352. 00 (671T 121'd N72'C5'21" 121.19' 30 30 (5 C O7 `39 ro N7205'<7'E E60.48 30 330_I9' 3.24' F' v cJ4. "= LOT 1 GROSS AREAC.552 ACRES NET AREA_ 0.562 ACRES n T=J,\) FOUND /E4D & DISC STAMPED 15 5312' gI I P.M.I) PER . 19051 'm+ 24.00' O` la JO N'LY LINE OF WE S'LY HALF OF 20 AC. LOT 1 660.42 330.26 E00110 LEAD & TECA 5ER L.R. 302 FOUND LEAP & DISC " STAMPED 'LS 5335- (N72'06'26'E) PER P.M 19051 330.29' 330.24' CAI-0 306.26' F.1v,',1 190 5 1 C11 FOUND LEAF a TAD( FOUNDNORECORD /030 t TACK, e PER PR. 1905+ HELD s N72'05;21'E FOR UNE `z 590.5f' 15._00 (571'W 121'dd) 300.31' 109.00' 60.00�-�- 121.19' I +DODO' 50.00' 50.05' 0 1911 209.00' \ 1\ s 18TH STREE ' { "'�F95" 85DT .A___.19' � 121.f9 e100.07' -`L 50.C2'^ 50.02', E L LANDMARK ENGINEERING CORPORATION 2605 CAM1N0 DEL RIO SOUTH E SUITE 321 C SAN O1EG0. CA 9210E (019) 250-0420 35 87' LEAD R PUNCH, 80 96 NO RECORD 972'05'21'E 660 51' (672710'54'E) FOUND LEAD & 015C STAMPED -LS 5335' PER P.M. 19051 30' 749'32 W 660.32') '03.42 19.86 V F24.00�• • I rl n Al '1 ". rl I I \ i •/ FOUND PK NAIL, . N0 RECORD SEE DETIML 'A' SHEET 2 OF 2 SHEETS STATION. 'Op5' FOUND 2.5' BRASS DISC STAMPED 'RCE 27648 CP5'. LOCATED IN SIDEWALK 70'± SOUTHEASTERLY FROM THE SOUTHWESTERLY PCR OF THE SOUTHEASTERLY CORNER OF THE INTERSECTION OF PLAZA BOULEVARD AND PALM AVENUE. N.1826897.27 E4.6303531.79 E1-55.94' (NGVD 29) r NO: DENOTES SURDM510N MAP BOUNDARY • - DENOTES FOUND LEAD & DISC STAMPED 'RCE 19073' PER P.M. 19051 UNLESS OTHERWISE NOTED. ♦ - DENOTES FOUND NA083 MONUMENT AS NOTED HEREON. UNLESS OTHERWISE NOTED. - DENOTES SET 2'x 24' IRON PIPE MARKED L.S. 5097 - DENOTES RECORD DATA PER P.M. 19051. [ 3 - DENOTES RECORD DATA PER R.O.S. 13498. ( ) dd - DENOTES RECORD DATA PER DEED DATED MARCH 29, 2002 AS 00C. p2002-0269015 O.R. N0. OF LOTS: 1 GROSS & NET AREA: 0.562 ACRES THE PROPOSED USE CON95T5 OF 20 CONDOMINIUM OWEWNG UNITS. EXISTING LEGAL ACCESS TO LOT 1 15 FROM 18111 STREET AND 1 AVENUE. LOT 1 IS NOT IN A 9L000 PLAIN 0R FLOOD HAZARD AREA NO DEVIATIONS FROM CITY STANDARDS ARE PROPOSED THIS IS NOT A PHASED PROJECT ZONE DESIGNATION FOR LOT 1 IS (RM-I-PD) BASIS OF BEARINGS; THE BASIS OF BEARINGS FOR THIS SURVEY IS THE NADB3, ZONE 6, GRID BEARING BETWEEN STATION CPS' AND STATION 'CP9',(BOTH HAVING A CAUFORNIA COORDINATE VALUE 06 FIRST ORDER ACCURACY OR BETTER). PER R.O.S. 17515 I.E. N66.5427W QUOTED BEARINGS FROM REFERENCE MAPS OR DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. THE COMBINED SCALE FACTOR AT STATION 'CP9' 15 1.00002305 CRIO DISTANCE GROUND DISTANCE X COMBINED SCALE FACTOR. FOUND PK NAIL, N0 RECORD • -00-27'57.61' CONVERGENCE ANGLE AT STATION 'CPO' 6: _0 60 GRAPHIC SCALE SCALE 1' . 60' MEETING DATE May 16, 2006 City of National City, California COUNCIL AGENDA STATEMENT 20 AGENDA ITEM NO. (ITEM TITLE Resolution of the City of National City approving Change Order Number One with Manhole Adjusting, Inc. for National City Street Resurfacing Project FY 05-06, in the amount of $498,917 to resurface an additional fifteen streets sections and for increased replacement of concrete sidewalk, pedestrian ramps and rubberized asphalt pavement on original streets and authorizing the City Engineer to sign the change order. PREPARED BY Alberto Griego DEPARTMENT Engineering Ext. 4380 EXPLANATION See Attached. Environmental Review X N/A Financial Statement The total budget for the project was estimated to be $498,917, increasing the curre it ost of the project from $3,313,214 to $3,812,131. The total budget for tt e project was estimated to be $3,943,000. Funding for this Change Order is available through Account No. 109-409-500-598-6035 and 3d>ac4ii Ahf N 598-6035. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Status Report and Location Map 3. Contract Change Order No. One A-200 0Pe0) Resolution No. 4. Exhibit A EXPLANATION On October 4, 2005, by resolution No. 2005-217, the City Council awarded a contract to Manhole Adjusting, Inc. for the National City Street Resurfacing Project, FY 05-06, Specification No. 04-09. The work is now nearing completion. It is recommended that City Council approve Change Order No. One in the amount of $498,917. The first component of this change order adjusts estimated bid quantities to reflect quantities actually constructed. It was determined in the field that additional grinding and overlay of pavement, curb and gutter, pedestrian ramps, and sidewalk replacement was needed due to deteriorated conditions of the existing streets and sidewalks. Additional traffic loops are needed due to damage to them when grinding operations occurred. The quantities of work were adjusted as shown in the change order and the unit costs applied to the new quantities. The total was then adjusted and increased by a total of $208,481. The second component of the change order addresses adding and deleting streets from the original contract. After the contract was awarded, Sweetwater Authority and SDG&E utility companies called the Engineering Department and requested that certain streets be deferred from resurfacing due to emergency work needed such as old water pipe main replacement and under -grounding of electric power that was going to take place on six streets. Staff deleted the six streets requested from the original list which represented a cost of $499,445, and added fifteen residential street sections instead (see attached list on Status Report) with a cost of $789,890. These additional streets were selected from the City's Pavement Management Manual, a component of the Pavement Management System. These fifteen street sections have been identified in the manual as having a low pavement condition index due to deteriorated conditions pavement and next on the list for repair. It is envisioned that in the next pavement reconstruction project, we go back and do as many of the six removed streets as funding permits. It is important to note that the original construction contract was $3,313,214, while we had budgeted close to $4,000,000 dollars for the work. This $4,000,000 included project management, testing and inspection. It also included an amount for contingencies, or things discovered during the course of work that increase the cost. These types of things include additional dig -outs, curb and gutter etc. On this job we identified only the $208,481 as detailed as the first component of the change order. As a percentage this was lower than expected by previous work, so we were left with a good contingency balance. This balance is restricted to be used only for roadway reconstruction purposes. The cost of oil has increased dramatically recently. The cost of almost all construction material has also escalated, including rock, sand, concreted, etc. Since our contract with Manhole Adjusting, Inc. allows that quantities of work be increased by up to 20 percent, and Manhole Adjusting, Inc. was willing to accept additional work at the contract price, it was decided to add the fifteen streets to t current contract. The option would hav out a project to bid next year. With the c been able to attain the same amount proceed was made by the City Engineer value. Engineering staff is recommending the Manhole Adjusting, Inc. in the amount resurfacing contract from $3,313,214 to e job to take advantage of the prices within the been to hold the contingency balance and put st of things rising, it is doubtful we would have f work with the same funds. The decision to o accomplish the work needed at a better dollar approval of a Change Order Number One to f $498,917, increasing the current cost of the 3,812,131. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NUMBER ONE WITH MANHOLE ADJUSTING, INC. FOR THE NATIONAL CITY RESURFACING PROJECT FY 2005/2006, IN THE AMOUNT OF $498,917 TO RESURFACE AN ADDITIONAL FIFTEEN STREET SECTIONS, AND FOR INCREASED REPLACEMENT OF CONCRETE SIDEWALK, PEDESTRIAN RAMPS AND RUBBERIZED ASPHALT PAVEMENT ON ORIGINAL STREETS WHEREAS, on October 4, 2005, the City Council adopted Resolution No. 2005- 217, which awarded a contract to Manhole Adjusting, Inc. for the National City Street Resurfacing Project; and WHEREAS, due to deteriorated conditions of the existing streets and sidewalks additional concrete sidewalk, pedestrian ramps and rubberized asphalt pavement replacement was necessary; and WHEREAS, six streets had to be deferred from resurfacing due to emergency work planned by Sweetwater Authority and SDG&E; and WHEREAS, fifteen residential street sections that have been identified as having a low pavement condition index due to deteriorated pavement were added to the project; and WHEREAS, although the cost of construction has increased dramatically since the original agreement was approved, Manhole Adjusting, Inc. is willing to accept additional work at the contract price, therefore, it is recommended that the additional streets be included at this time to take advantage of the cost savings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order No. 1 to resurface an additional fifteen street sections, and for increased replacement of concrete sidewalk, pedestrian ramps and rubberized asphalt pavement on original streets PASSED and ADOPTED this 16th day of May, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney STAT S REPORT National City St eet Resurfacing Project The City of National City is investing $t .9 million from TransNet (Proposition "A") funding and performing street resurfaci g in several neighborhoods throughout the city beginning in January 2006 and ending .y June 2006. In 1988, a San Diego County ballot voters. This measure provides funds thr (V2 percent sales tax) for needed trans bicycle, and pedestrian ways. The 198 are the ones being used to resurface the easure, Proposition "A", was approved by the ugh the use of a one half -cent sales tax per dollar ortation projects such as public transit, railroads, ballot passed with a 52% majority. These funds streets of National City. The project will use Rubberized Asphal Concrete (RAC) which offers a number of benefits compared to conventional asph.It concrete paving. These benefits include better service life, longer dark color retention, and significantly reduced road noise. RAC is more resistant to cracking and lowers m. intenance costs. It is also safer by providing superior wet traction and greater skid re.istance. RAC is not just easier on budgets and d iving, it is also great for the environment because one of its principal components is crum'. rubber from used tires. We protect and preserve natural resources and safeguard against .uildup of waste tire stockpiles for the future. Every lane mile paved with RAC uses a proximately 2,000 waste tires. The street resurfacing with RAC includ reconstruction, including replacement o miscellaneous curb, gutter, driveway an manholes and survey monuments. This pavement and will provide a new smoot The following is a list of streets to be re s pavement repairs, varying from full depth base materials, to pavement overlays, including sidewalk improvements and adjustment of resurfacing and overlay will extend the life of the driving surface. aired: BRANCH FROM TO AAVE E26THS E30THST GAVE E1STST E4THST BETA ST U AVE EUCLID AVE BUCKY LN HIGHLA D AVE EAST END COOLIDGE AVE E 19TH S SOUTH END D AVE DIVISIO ST E 4TH ST DAVE E7THST E8TH ST D AVE E 12TH T . E 16TH ST DIVISION ST IN FRO T OF 730 DIVISION (Cross Gutter to be replaced to mid -street) DIVISION ST PALM A E U AVE DPASION ST -_. ep. .- -61-M4 DIVISION ST (EAST BOUND) MAIN ST OSBORN ST DIVISION ST (EAST BOUND) OSBOR ST MARINE VIEW AVE E AVE E 2ND ST E 4TH ST E PLAZA BLVD MANCH STER ST 8TH ST & PARADISE VALLEY RD E 1ST ST NATION L CITY BLVD B AVE E 12T" ST PALM AVE R AVE E 14T" ST ORANGE ST (Western offset) EUCLID AVE E 16T" ST EUCLID AVE CITY LIMIT © RACHAEL AVE E 18T" ST 70' E OF LANOITAN AVE RACHAEL AVE E 19T" ST COOLIDGE AVE EAST END E 20T" ST WEST OF NEWELL ST GOLF COURSE E 27T" ST NATIONAL CITY BLVD A AVE E 3RD ST D AVE HIGHLAND AVE 414-T AND-AV6 L AVE (CITY LIMIT) E4T"ST DAVE HIGHLAND AVE E 4T" ST HARBISON AVE CITY LIMIT E 4T" ST HIGHLAND AVE L AVE E4T"ST LAVE MAVE E 4T" ST NATIONAL CITY BLVD D AVE E 8T" ST HARBISON AVE PARADISE VALLEY RD Ems$" NATIONAL CITY BLVD 0 AVE F AVE E 1ST ST E 4T" ST F AVE E 30T" ST 750' SOUTH OF E 30T" ST G AVE E2ND ST E4T"ST HARBISON AVE E PLAZA BLVD E 16T" ST HIGHLAND AVE E 30T" ST 350' S OF E 30T" ST 4-14GHI-ANI E 350' 8 OF E 30$"-BT &RIOCE &CITY LIMIT HOOVER AVE 2900 HOOVER AVE W 30T" ST NATIONAL CITY BLVD DIVISION ST E 1ST ST ORANGE ST CITY LIMIT SWEETWATER RD PALM AVE NORTH CITY LIMIT DIVISION ST PARADISE VALLEY RD E 8T" ST EAST CITY LIMIT PLAZA BLVD CI-Yd.IMIT RAC VALLEY RD RACHAEL AVE (SOUTH BOUND) CUMBERLAND ST WINCHESTER ST SWEETWATER RD CITY LIMIT (WEST OF ORANGE ST) SR-54 (WEST SIDE OF BRIDGE) SWEETWATER RD EDGEMERE DR (aka N 2ND AVE) CITY LIMIT WEST OF PROSPECT ST UNNAMED ST (EAST OF PROSPECT ST) SOUTH OF ORANGE ST SOUTH END W 15TH ST COOLIDGE AVE ROOSEVELT AVE W 15T" ST HARDING AVE COOLIDGE AVE W 15TH ST ROOSEVELT AVE NATIONAL CITY BLVD W 16T" ST WILSON AVE HARDING AVE W 8$" TROLLEY RR X !NC 1-5 Individual street closures will take place from 7:00 AM to 5:00 PM during the paving process. No Parking signs will be posted at least 72 hours before the work will take place. Please note and obey the signs. Please note that this is an updated status list. For an explanation of streets deleted and added to the project, please see the attached supplement to figure 1. For more information please call the Project Manager, Alberto Griego at (619) 336-4386. NATIONAL CITY STREET RESURFACING PROJECT FY 05-06, SPEC. NO. 04-09 Regarding Supplemental Notes to Figure 1 (Updated) Deleted Street Sections Number Street Name From To Reason Deleted 23 Division St Harbison Ave City Limits This section was paved in 2002 using asphalt rubber and will be slurry sealed in 2007. 25 Plaza Blvd City Limit Paradise Valley Rd This section will be slurry sealed in 2007 27 E 30t" St Highland Ave L Ave (City Limits) Sweetwater Authority will be replacing 12" water line in June 2006. 28 W 8th St Trolley Crossing Interstate 5 SDG&E will underground their utilities in 2007. 29 E 8t" St National City Blvd D Ave SDG&E will underground their utilities in 2007. 31 Highland Ave 350' south of E 30°t St Bridge (CA-54 overpass) This section was combined with section 30. Additional Street Sections Number Street Name From To Reason Added 39 B Ave E 15St E 4`" St Deteriorated condition; Per paving schedule FY 06-07 40 D Ave Division St E 4`" St Deteriorated condition; Entry way to the city 41 E Ave E 2" d St E 4t" St Deteriorated condition; Per .aving schedule FY 06-07 42 F Ave E 30t" St 750' south of E 30" St Deteriorated condition; Per paving schedule FY 06-07 43 E 3`d St D Ave Highland Ave Deteriorated condition; Per paving schedule FY 05-06 44 E 1st St National City Blvd B Ave Deteriorated condition; Entry way to the city 45 E 4t" St Highland Ave L Ave Deteriorated condition; Per .aving schedule FY 05-06 46 E 12th' St Palm Ave R Ave Deteriorated condition; Per paving schedule FY 03-04 47 E 19Th St Coolidge Ave East End Deteriorated condition; Paradise Park renovation 48 Coolidge Ave E 19th St South End Deteriorated condition; Paradise Park renovation 49 E 4th St National City Blvd D Ave Deteriorated condition; Per paving schedule FY 05-06 50 E 4,' St D Ave Highland Ave Deteriorated condition; Per paving schedule FY 05-06 51 E 4th St L Ave M Ave Deteriorated condition; Per paving schedule FY 05-06 _ 52 F Ave E 1st St E 4th St Deteriorated condition; Per paving schedule FY 07-08 53 G Ave E 2'1 St E 4th St Deteriorated condition; Per paving schedule FY 07-08 Please note that the funding allotted for the six (6) deleted street sections were used to cover expenses for the additional fifteen (15) street sections. • CITY OF SAN DIEGO CITY OF NATIONAL ITY SAN DIEGO BAY SWEETWATER FLOOD CONTROL CITY OF CHULA VISTA W.18TH W.22ND CITY OF SAN DIEGO EE..18T / ST. MILE OF C.4,7S WAY CHANNEL E.BTH ST. 5TH ST. DIVISION ST. E. 4TH ST. E.8TH ST. I A7A BLVD CITY OF SAN DIEGO Fj1 0. PARADISE VALLEY RD. 34 (44LEGHANY ST. 1O ST. L/NCOLN ACRES UNINCORPORATED CEMETERY L�13B V'�� rF 11 CITY OF \ NATIONAL CITY STREET LOCATION 1. W 15th ST FROM COOLIDGE AVE TO ROOSEVELT AVE 2. W 15th ST FROM HARDING AVE TO COOLIDGE AVE 3. W 15th ST FROM ROOSEVELT AVE TO NATIONAL CITY BLVD 4. BUCKY LANE FROM HIGHLAND AVE TO EAST END 5. BETA ST FROM U AVE TO EUCLID AVE 6. E 20th ST FROM WEST OF NEWELL ST TO GOLF COURSE 7. DIVISION ST FROM IN FRONT OF 730 TO MID ST B. W 16th ST FROM WILSON AVE TO HARDING AVE 9. E PLAZA BLVD FROM MANCHESTER ST TO 8th & PAR VALLEY 10. E Bth ST FROM HARBISON TO PARADISE VALLEY RD 11. ORANGE ST FROM CITY LIMIT TO SWEETWATER RD 12. E 14th ST FROM ORANGE (WESTERN) TO EUCLID 13, HOOVER AVE FROM 2900 HOOVER AVE TO W 30th ST 14. E 27th ST FROM NATIONAL CITY BLVD TO A AVE 15. DIVISION ST FROM PALM AVE TO U AVE 16. D AVE FROM E 7th ST TO E 8th ST 17. D AVE FROM E 12th ST TO E 16th ST 18. A AVE FROM E 26th ST TO E 30th ST 19 UNNAMED RD FROM ORANGE ST TO SOUTH END 20. NATIONAL CITY BLVD FROM DIVISION ST TO E 1st ST 21. DIVISION ST (SOUTH SIDE) FROM MAIN ST TO OSBORN ST 22. DIVISION ST (SOUTH SIDE) FROM OSBORN ST TO MARINE VIEW 23. DIVISION ST FROM HARBESON AVC TO CITY LIMITS 24. E 4th ST AT HARBISON AVE, EAST SIDE 25. PLAZA OLVD ('ROM CITY LIMITS TO f ARADISE VALLCY RD 26. PARADISE VALLEY RD FROM E 8th ST TO EAST CITY LIMIT 27. E 30t1h ST FROM HIGHLAND AVE TO L AVE (CITY LIMITS) NATIONAL CITY STREET RESURFACING CITY OF CHULA VISTA STSTFR VALLIZ2fk CITY OF SAN DIEGO HWY. 54 D. m?3 RD.tiU a?� NOT TO SCALE 29. C 8th ST FROM NATIONAL CITY BLVD TO D AVE 30. HIGHLAND AVE FROM E 30th 350' SOUTH 31. IIIQIILAND AVC FROM 300' 30UTiI OF C 301IT 001006 32. PALM AVE FROM NORTH CITY LIMITS TO DIVISION ST 33. RACHAEL AVE FROM CUMBERLAND ST TO WINCHESTER ST, SOUTH BOUND 34. HARBISON AVE FROM E PLAZA BLVD TO E 161h ST 35. E 16th ST FROM EUCLID TO CITY LIMITS AT RACHAEL AVE 36. E 18th ST FROM 70' E OF LANOITAN TO RACHAEL 37. SWEETWATER RD FROM CITY LIMITS TO W SIDE SR-54 BRIDGE 38. SWEETWATER RD FROM N 2nd AVE TO CITY LIMITS W OF PROSPECT 39. B AVE FROM E 1st ST TO E 4th ST 40. D AVE FROM DIVISION ST TO E. 4th ST 41. E AVE FROM E 2nd ST TO E 4th ST 42. F AVE FROM E 30th ST TO 750' SOUTH OF E 30th ST 43. E 3rd ST FROM D AVE TO HIGHLAND AVE 44. E 1st ST FROM NATIONAL CITY BLVD TO B AVE 45. E 4th ST FROM HIGHLAND AVE TO L AVE 46. E 12th ST FROM PALM AVE TO R AVE 47. E 19th ST FROM COOLIDGE AVE TO EAST END 48. COOLIDGE AVE FROM E 19th ST TO SOUTH END 49. E 4th ST FROM NATIONAL CITY BLVD TO D AVE 50. E 4th ST FROM D AVE TO HIGHLAND AVE 51. E 4th ST FROM L AVE TO M AVE 52. F AVE FROM E 1st 5T TO E 4th ST 53. G AVE FROM E 2nd AVE TO E 4th ST PROJECT FY 05-06, SPEC. NO. 04-09 VICI\ ITY MAP CITY OF NATIONAL CITY FIGURE 1 (REVISED 2) NOT TO SCALE DATE: MAY 2006 CONTRACT CHANGE ORDER NO. 1 DATE: 5/16/06 PROJECT: National City Street Resurfacing Project, FY 05-06 Specification No. 04-09 TO: John Corcoran, President Manhole Adjusting, Inc. 9500 Beverly Rd. Pico Rivera, CA 90660 DESCRIPTION OF CHANGE: This change order is written to add work to item numbers 3, 10 thru 15, 18, 20, and 22 thru 26 to the contract Current Contract Adjusted Contract (CO #1) No Item Unit Bid Qty Unit Price Amount Qty Unit Price Amount 1 Mobilization LS 1 $34,360.00 $34,285.00 1 $34,360.00 $34,285.00 2 Traffic Control LS 1 $71,825.00 $71,825.00 1 $71,825.00 S71,825.00 3 Asphalt Rubber & Aggregate Membrane (ARAM) SY 168,533 $4.80 $808,958.40 171,668 $4.80 $824,006.40 4 Type 11 Slurry SY 20,069 $2.92 $58,601.48 20,069 $2.92 _ $58,6.,..48 5 Asphalt Rubber Hot Mix Gap Graded SF 1,335,886 $0.945 S1,262,412.27 1,335,88 6 $0.945 $1,262,412.27 6 Leveling Course including Crack Cleaning, Speed Humps & Misc. Patch SF 693,394 $0.70 $485,375.80 693,394 $0.70 $485,375.80 7 Cold Milling SF 715,307 $0.234 $167,381.84 715,307 $0.234 $167,381.84 8 Adjust Manholes to Grade EA 122 $646.00 $78,812.00 122 $646.00 $78,812.00 9 Adjust Valve Cans/Hand-holes to Grade EA 244 $212.00 $51,728.00 244 $212.00 $51,728.00 10 R&R Cross Gutter SF 1,200 $48.30 $57,960.00 1,329.68 $48.30 $64,223.55 11 New Cross Gutter SF 2,159 $38.65 $84,836.75 3,005.95 $38.65 $116,179.96 12 R&R Sidewalk SF 1,615 $25.35 $40,940.25 4126 $25.35 $104,594.10 13 R&R Asphalt Curb LF 160 $25.35 $4,056.00 118 $25.35 $2,991.3 14 R&R Curb and Gutter LF 218 $111.00 $24,198.00 525.74 $111.00 $58,357.14 15 New Curb and Gutter LF 24 $80.90 $1,941.60 23.55 $80.90 $1,905.2 16 Traffic Stripping LS 1 S47,900.00 $47,900 1 $47,900.00 S47,900 17 Reinstall Traffic Loops EA 27 $480.00 $12,960.00 129 $480.00 $61,920.00 18 New Alley Apron SF 200 $39.85 $7,970.00 269 $39.85 S10,719.65 19 R&R Alley Apron SF 30 $65.20 $1,956.00 30 $65.20 $1,956.00 20 New Pedestrian Ramps EA 2 $3,740.00 $7,480.00 4 $3,740.00 $14,960 21 Demolish Concrete Strips SF 35 $44.60 $1,561.00 35 $44.60 $1,561 .UQ Subtotals $3,313,214.39 $3,521,61 Page 1 CONTRACT CHANGE ORDER NO. 1 Current Contract Adjusted Contract (CO #1) No Item Unit Bid Qty Unit Price Amount Qty Unit Price Amount_ -$499,455.40 22 Delete Streets No. LS 1 ($499,455.40 23 Add Streets No. Al, BI, Cl, D1 LS 1 5291,655.48 $291655AS , 24 Add Streets No. F1, GI and H1 LS 1 5151,917.60 $151,917.60 25 Remove and Replace deteriorated asphalt concrete on E.19th St. and Coolidge Ave. LS 1 $26,255.00 $26,255 80 26 Add Street No. Il, J1 and K1 LS 1 $320,062.58 $320,06238 P Previous Subtotal S3,521,695.69 Total $3,313,214.39 S3,812,130.95 C.O. Amount $498,916.56 DISCUSSION: Line Item No. 3 has been increased to provide compensation to the contractor for an additional 3,135 square yards of Asphalt Rubber and Aggregate Membrane (ARAM). Line Item No. 10 has been increased to provide compensation to the contractor for an additional 129.68 square feet of Removal and Replacement of Cross Gutter. Line Item No. 11 has been increased to provide compensation to the contractor for an additional 846.95 square feet of New Cross Gutter. Line Item No. 12 has been increased to provide compensation to the contractor for an additional 2,511 square feet of Remove and Replace Sidewalk. Line Item No. 13 has been decreased due to the deletion of 42 linear feet of Remove and Replace Asphalt Curb that was not needed. Line Item No. 14 has been increased to provide compensation to the contractor for an additional 307.74 linear feet of Remove and Replace Curb and Gutter. Page 2 CONTRACT CHANGE ORDER NO. 1 Line Item No, 15 has been decreased due to deletion of 0.45 linear feet of Remove and Replace Curb and Gutter that was not needed. Line Item No. 17 has been increased to provide compensation to the contractor for an additional 102 Reinstall Traffic Loops. Line Item No. 18 has been increased to provide compensation to the contractor for an additional 69 square feet of New Alley Apron. Line Item No. 20 has been increased to provide compensation to the contractor for an additional 2 New Pedestrian Ramps. New Items Added Change Order No. 1 The lump sum price for Line Item No. 22, Delete Street Sections No's. 23,25,27,28,29 and 31 which were deleted due to replacement of old water lines by Sweetwater Authority and SDGE under -grounding of power lines which realizes a savings of $499,455.40, which was credited from the Contractor to the City. The total amount shown includes overhead and markup per Exhibit A. The lump sum price for Line Item No. 23, Add streets No. Al, Bl, Cl, DI, and El is added at the City's request to provide compensation to the contractor for additional street resurfacing with rubberized asphalt. See Exhibit A. The lump sum price for Line Item No. 24, Add streets No. Fl, Gi and H1 is added at the City's request to provide compensation to the contractor for additional street resurfacing with rubberized asphalt. See Exhibit A. The lump sum price for Line Item No. 25 Remove and Replace Deteriorated Asphalt Concrete Pavement on E.19th St. and Coolidge Ave. next to Paradise Park is added at the City's request to provide compensation to the contractor for additional street resurfacing. The lump sum price includes labor, equipment, and materials per Exhibit A. The lump sum price for Line Item No. 26, Add streets No. I1, Ji and Kl is added at the City's request to provide compensation to the contractor for additional street resurfacing with rubberized asphalt. See Exhibit A. CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $498,917 from the current contract price of $3,313,214 to a new contract price of $3,812,131. Page 3 CONTRACT CHANGE ORDER NO. 1 2. There is no increase in contract time. The contract completion date was previously established as Tuesday, November 14, 2006. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Manhole Adjusting, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FO PPROVAL BY: Alberto riego,Ass Engineer D APPROVED BY: Mr. John Corcoran, President Manhole Adjusting, Inc. Date Ms. Maria Elena Corcoran Date Manhole Adjusting, Inc. Stephen M. Kirkpatrick, City Engineer Date Page 4 EXHIBIT A National City Street Resurfacing Project, FY 05-06 Sub): Bid item Summary; deleted/added streets 1. Deleted Streets. Two -Layer System As of 3/25/08 Street Location and Umits Bid item 3 ARAM S.Y. 4.80/s. y. 5 ARHM S.F. . 945/s. f. 7 Cold MIII S.F. . 234/s.f. No. 23, Division St (Harbison Ave to City Umits 2200 10560 19800 18711 4320 1010.88 No. 25, Plaza Blvd (City Limit to Paradise Valley Rd 8700 32180 80300 58983.5 12060 2822.04 No. 27, E.30th 8t (Highland Ave to 'L' Ave a City Limit) 8958 42988.8 80800 78187 14880 3435.12 No. 28, W. 8th St (Trolley RR Xing to1-5) 7785 37388 70060 66208.7 13580 3177.72 No. 29, E. 8th St (National City Blvd to 'D' Ave) 8744 41971.2 78890 74382.05 15480 3822.32 NO. 31, Highland Ave. (350' south E. 30th th Bridge) 2034 9763.2 18300 17293.5 3600 842.4 SubTotal 174811.2 TAT,. l 309723.75 14910.48 2. Added Streets. (Estimated) , System 2 Street Location and Limits Bid Item 3 ARAM S.Y. 4.80/s.y. 4 Slurry S.Y. 2.92/s.f. 6 Lv'g Crse S.F. 0.70/s.f. Al, 'B' Ave (E. 1st St to E. 4th St) 4089 19627.2 4089 11939.88 36800 25760 B1, 'D' Ave (Division St to e. 4TH St.) 5556 26668.8 5558 18223.52 50004 35002.8 Cl, 'E' Ave (E. 2nd St to E. 4th St) 2756 13228.8 2756 8047.52 24804 17362.8 DI, 'F' Ave (E. 30th St to 750' south of E. 30th St) 2500 12000 2500 7300 22500 15750 El, E. 3rd St CD' Ave to Highland Ave) 5645_ 27096 5645 18483.4 50805 35563.5 SubTotal 98620.8 59994.32 129439.1 Plus Note No. 1: 3,601,26 TOTAL: $291,655.48 Notes: 1. Location B1, 'D' Ave. - Added Bid Item No. Cold Plane. 15930s.f.@0.234/s.f.= $3601.26 EXHIBIT A National Ctty Street Resurfacing Project, FY 05-08 As of 3/25/08 SubJ: Bid Item Summary;, added streets 1. Added Streets. (Estimate) System 2 Street Location and Limits F1, E. 1st St. (Wational City BI to 'B' Ave.) G1, E. 4th Si. (Highland Ave. to 'L' Ave.) H1, E. 12th St. (Palm Ave. to 'R' Ave.) Sutotal Bid Item 3 ARAM 4 Sluny S.Y. 4.80/s.. S.Y. 2.92/s.y. 2758 13228.8 5600 28886' 2480 11904 2758 8047.2 5800 16352 2480 7241.8 8LVgCm* I S.F. 0.70/s.f. 24800 50400 22320 17360 35280 15824 52012.8f 31840.8 88284 TOTAL 1 1 17.6 2. Summary deleted/added streets. See attached. a. Six (6) deleted streets: -499445.4 *1 b. Five added streets: (estimate) 291655.48 c. Three additional streets: (estimate) 151917.6 Net Decrease: -55872.32 Notes: "1 Four streets deleted to SD G&E work. Two deleted due to contract work o longer applicable (Locations 25 & 31). National City Street Resurfacing Porject, Spec. No. 0409 Sub}; Estimate -Extra Werk at E. 19th St. & Coolklga 4/17/2006 Description lJNITS Coat/ Total 19-A►pr 14-Apr Unit 1. Labor Foreman 8 8 60 480 Operator 8 18 56 1320 Laborer 24 24 45 2160 Harold Smith 3 0 80 180 Mike On 8 4 80 800 2. Equipment 3/4T PU 8 8 15 240 1T Uil1/Tac Truck 8 8 15 240 CAT C8534C 8 8 75 80 TX8S0 3ktp Loader 8 8 75 600 10 cy End Dump 20 12 75 2400 Greyhound AC Paver 0 8 150 1200 CAT CB2240 0 8 70 560 3. Material AC 201 75 15075 4. Other Dump Fees 10 0 60 600 TOTAL 26255 As of 5/1/2006 National City Street Resurfacing Project, Spec. No. 04-09 Subj: Estimate three (3) added street locations 4/20/06 1. Estimate costs added streets. Street Location and Limits Bid Item 3 ARAM 4.8 4 Slurry 2.92 6 Lv'g Crse 0.7 S.Y. 14.80/s.y. S.Y. 12.92/s.y. S.F. 0.70/s.f. 11, E. 4th Avenue: from National City Blvd. to Highland Ave. 13,579 $ 65,179.20 13,579 $39,650.68 122,211 $85,547.70 from 'L' Avenue to'M'Avenue 1,922 $ 9,225.60 1,922 $5,612.24 $12,108.60 17,298 J1, 'F' Ave., from E. 1st St. to E. 4th St. 4,416 $ 21,196.80 4,416 $12;894.72 $27,820.80 39,744 K1, 'G' Ave., from e. 2nd St. to E. 4th St. 2,912 $ 13,977.60 2,912 $8,503.04 $18,345.60 26,208 Area Subtotal 22,829 22,829 205,461 $143,822.70 Price Subtotal $ 109,579.20 $66,660.68 Total $320,062.58 City of National City, California COUNCIL AGENDA STATEMENT MAY 16, 2006 MEETING DATE AGENDA ITEM NO. 21 ITEM TITLE WARRANT REGISTER #42 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register #42 per Government Section Code 37208. Environmental Review N/A Finan jakAtosifesme. Approved By: Budget & Inv Account No. ment Officer STAFF RECOMMENDAT N recommend ratification of these warrants for a total of $ 1,216,035.37 BOARD/COMMISSION RECOMMENDATION ATTAcHIIfAnt(I4ll4)P✓ ) 2. Workers Comp Warrant Registers dated 4/19/06 3. Payroll Register dated 4/19/06 Resolution No. A-200 (9/80) City of National City WARRANT REGISTER #42 4/25/2006 Pavee Description MARCOTTE & HEARNE BUILDERS REPAIR DAMAGED UNDERGROUND PIPING I CITY OF POWAY QUARTERLY LEAGUE DINNER NATIONAL GEOGRAPHIC SOCIETY BOOKS OMNIGRAPHICS, INC. BOOKS SCHOLASTIC LIBRARY PUBLISHING BOOKS AGUILAR LIT. INIT. XIV (TRAVEL) BAUTISTA AMERICORPS LSTA Y3 (TRAVEL) CALTAC LIT. SVCS. Y3 (MEMBERSHIP/DUES) CISNEROS LIT. INIT. XIV (TRAVEL) CITY TREASURER AMERICORPS CNCS Y-3 (EXPERT SERVICES) COSTALES AC LSTA Y3 (EXPERT SERVICES/TRAVEL) OX AMERICORPS LSTA Y3 (TRAVEL) CRIDER AMERICORPS LSTA Y3 (TRAVEL) DIAZ LIT, INIT. XIV (TRAVEL) ESPINOZA LIT. SVCS. Y3 (EXPERT SERVICES) ESTREICHER LIT. INIT. XIV (TRAVEL) GOMEZ AMERICORPS LSTA Y3 (TRAVEL) GRAYES AMERICORPS LSTA Y3 (TRAVEL) GUERRERO LIT. INIT. XIV (TRAVEL) GUILLEN AMERICORPS LSTA Y3 (TRAVEL) GUTIERREZ LIT. INIT. XIV (TRAVEI,TT' HORIZON VJIMBA LIT. INIT. XTV (EXPERT SERVICES) JACQUELYN BRINKLEY LIT. INIT. XIV (TRAVEL) JONES LIT. INIT. XIV (TRAVEL) KERR AMERICORPS LSTA Y3 (TRAVEL) LIT. INIT. XIV (TRAVEL)' LAU LAW LiMON LIT. INIT. XIV (TRAVEL) LIT. SVCS. Y3 (EXPERT SERVICES) LIT. INIT. XIV (TRAVEL) chk no chk date ma ount 200174 4/25/2006 2,403.00 207 801 4/20/2006 100.00 207802 4/25/2006 15.90 207803 4/25/2006 55.85 207804 4/25/2006 151.29 207805 4/25/2006 61.06 207806 4/25/2006 49.30 207807 4/25/2006 60.00 207808 4/25/2006 34.00 207809 4/25/2006 100.00. 207810 4/25/2006 104.07 207 811 4/25/2006 . 82.79 207812 4/25/2006 36.72 207813 4/25/2006 187.29 207814 4/25/2006 150.00 207815 4/25/2006 206.90 207816 4/25/2006 158.04 207817 4/25/2006 6.00 207818 4/25/2006 55.42 207819 4/25/2006 95.20 207820 4/25/2006 31.28 207821 4/25/2006 800.00 207822 4/25/2006 32.98 207823 4/25/2006 500.91 207824 4/25/2006 88.06 207825 4/25/2006 65.28 207826 4/25/2006 34.00 207827 4/25/2006 125.00 207828 4/25/2006 49.16 LUA-CORDOVA AMERICORPS LSTA Y3 (TRAVEL) 207829 4/25/2006 300.22 MANGER LIT. INIT. XIV (TRAVEL) 207830 4/25/2006 132.60 MILLER LIT. INIT. XIV (TRAVEL) 207831 4/25/2006 254 60 MORENO LIT. INIT. XIV (TRAVEL) 207832 4/25/2006 510.31 NEWSOM AMERICORPS LSTA Y3 (TRAVEL) 207833 4/25/2006 33.04 NOLAN AMERICORPS CNCS Y3 (EXPERT SERVICES) 207834 4/25/2006 64.00 O'HARA AMERICORPS LSTA Y3 (TRAVEL) 207835 4/25/2006 76.84 ORTEGA AMERICORPS LSTA Y3 (TRAVEL) 207836 4/25/2006 205.70 PALATO AMERICORPS LSTA Y3 (TRAVEL) 207837 4/25/2006 12.24 PIMENTEL AMERICORPS LSTA Y3 (TRAVEL) 207838 4/25/2006 61.20 PLASENCIA LIT. INIT. XIV (TRAVEL) 207839 4/25/2006 242.02 RAMIREZ LIT. INIT. XIV (TRAVEL) 207840 4/25/2006 28.56 RAMIREZ LIT. INIT. XIV (TRAVEL) 207841 4/25/2006 167.28 RICH AMERICORPS CNCS Y3 (EXPERT SERVICES) 207842 4/25/2006 40.00 ROBINSON AMERICORPS LSTA Y3 (TRAVEL) 207843 4/25/2006 90.44 SAKAMOTO-JAHNKE AMERICORPS CNCS Y3 (EXPERT SERVICES) 207844 4/25/2006 45 00 SALISBURY AMERICORPS LS'I'A Y3 (TRAVEL) 207845 4/25/2006 66 64 SCLLN LIT. SVCS. Y3 (MEMBERSHIP/DUES) 207846 4/25/2006 210.00 SPEED LIT. INIT. XIV (TRAVEL) 207847 4/25/2006 96.90 TAHARA AMERICORPS LSTA Y3 (TRAVEL) 207848 4/25/2006 91.80 VARGAS LIT. INIT. XIV (TRAVEL) 207849 4/25/2006 13.60 VELEV LIT. INIT. XIV (TRAVEL) 207850 4/25/2006 23.80 WESTLIN AMERICORPS LSTA Y3 (TRAVEL) 207851 4/25/2006 10.20 WOODSON AMERICORPS LSTA Y3 (TRAVEL) 207852 4/25/2006 . 959.51 ACCOUNTEMPS TEMP SRVCS MARY-JO REBELEZ W/E 04/07/0 207853 4/25/2006 1,295.00 AEARO CO/AOSAFETY SAFETY GLASSES/HAUG STEVEN 207854 4/25/2006 125.60 AGUIRRE ACCOUNTING 101 EDUC REIMB/AGUIRRE OE 207855 4/25/2006 276.34 AMERICAN PLANNING ASSOCIATION APA AND AICP MEMBERSHIP/ROGER POST 207856 4/25/2006 484.00 AMERICAN ROTARY BROOM CO., INC MOBIL MAIN BROOM P/W RECONDITIONING 207857 4/25/2006 1,526.56 LAB SUPPLIES 207858 4/25/2006 1,767.49 REFUND FOR DUPLICATE PAYMENT/RESIDE 207859 4/25/2006 95.00 REPROGRAMMED DEVICE #37 OUTPUT AND 207860 4/25/2006 125.00 LIABILITY CLAIM COSTS 207861 4/25/2006 10,616.96 SALES & USE TAX 1ST QRTR 2006 207862 4/25/2006 919.00 MOP 64096 SAFETY BOOTS - GIBBS BOB 207863 4/25/2006 106.65 ARMOR FORENSICS ARROYO ASSI SECURITY, INC. BEST BEST & KRIEGER LLP BOARD OF EQUALIZATION BOOT WORLD 2 CALIFORNIA COMMERCIAL SECURITY MOP 45754 - CARD REA PER 207864 4/25/2006 377.13 CARDIAC SCIENCE ELECTRODES DEFIBRI LATION G3 e. EARLII 207865 4/25/2006 68.96 CHEVRON USA, INC. NGULAR WIRELESS CINGULAR WIRELESS CITY OF CARLSBAD CITY OF NATIONAL CITY CITY OF POWAY COLLINS STRATEGIC GROUP, INC. CONSTRUCTION ELECTRONICS INC. CORNEL, JOSE VICENTE G CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO, RCS D-MAX ENGINEERING INC DAPPER TIRE COMPANY DIXIELINE LUMBER CO. DSL EXTREME 1TERPRISE GROUP ENVIRONMENTAL HAZARDS SERVICES ENVIRONMENTAL HAZARDS SERVICES ENVIRONMENTAL I-IAZARDS SERVICES ESGIL CORPORATION FEDEX FLEET SERVICES, INC GORMSEN APPLIANCE CO HYDRO-SCAPE PRODUCTS INC. 1 LOVE A CLEAN SAN DIEGO INSTITUTE FOR LOCAL GOV'T JAS PACIFIC, INC. JERAULD'S AUTOMOTIVE INC. JUVY MALVEDA ''LEINFEI.DER, INC. LASER SAVER INC LONG'S DRUG STORES MAINTEX, INC. MOP 45699 - FUEL 207866 4/25/2006 27.84 WIRELESS DATANOIC. ACCT#0045535344 207867 4/25/2006 1,772.80 WIRELESS DATANOICACCT#043-741264 207868 4/25/2006 45.36 TECHNICAL PERSONNEL CHARGES 207869 4/25/2006 95.35 PETTY CASH REPLENIS WORKSHOP/NPDES FACILITATOR/ANALYSI MAINTENANCE OF KEY REFUND DEVELOPMEN MOP 45704 - CALCULAT GENERAL HAZARDOUS RCS RADIO SERVICE AN STORM WATER SRVCS TIRES MOP 45707 - SMALL TOO COMMUNITY COMPUTE COPY PAPER LEAD WIPE SAMPLES A LEAD WIPE SAMPLES A LEAD WIPE SAMPLES AN PLAN CHECK SERVICES CARDSTOCK POSTCARD MOP 67804 BEARINGS/D SC PADS MENT 207870 4/25/2006 585.77 207871 4/25/2006 3,895.00 SERVICES 207872 4/25/2006 2,156.25 CARD SYSTEM IN 207873 4/25/2006 843.55 FEES 207874 4/25/2006 3,903.00 RS 207875 4/25/2006 50.54 TERIALS/RENEW 207876 4/25/2006 _ 1,311.00 MAINTENANCE (.1 207877 4/25/2006 17,437.00 AR 6-31, 2006 207878 4/25/2006 8,142.00 207879 4/25/2006 255.89 S 207880 4/25/2006 395.94 PROJECT @ EL TO 207881 4/25/2006 54.16 207882 4/25/2006 2,806.89 ALYZED 207883 4/25/2006 252.00 LYZED 192.00 LYZED 207885 4/25/2006 72.00 AR2006 207886 4/25/2006 6,167.38 207887 4/25/2006 187.06 207888 4/25/2006 464.85 SERVICE CALL FOR REFR GERATOR AT THE 207889 4/25/2006 57.00 MOP 45720 - CHEMICAL S RAYS 207890 4/25/2006 308.65 2006 CREEK BAY CLEANLP 207891 4/25/2006 1,000.00 AB 1234 TRAIN THE TRA R SESSION 207892 4/25/2006 125.00 JIM MCCOY BLDG INSPE. 'OR FEES 207893 4/25/2006 6,487.80 MOP 45724 - TAIL PIPES 207894 4/25/2006 128.77 REFUND FOR DUPLICATE 'AYMENT NC1603 207895 4/25/2006 35.00 MUNI POOL RENOVATIO -SRVCS THRU 4/06 207896 4/25/2006 201.00 MISCELLANEOUS PRINTEI` REPAIRS AND 207897 4/25/2006 786.03 MOP 45727 - CAMERA FIL 207898 4/25/2006 30.21 JANITORIAL SUPPLIES 207899 4/25/2006 1,177 42 207884 4/25/2006 MARCOTTE & HEARNE BUILDERS METROCALL MORA MX LOGIC, INC NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY TROPHY NEXUS 1S, INC. NIXON-EGLI EQUIPMENT CO. OFFICE TEAM OFFICE TEAM ONE SOURCE DISTRIBUTORS PERRY FORD PERVO TRAFFIC CENTER PRN-E & L PHYSICAL THERAPY PRN-E & L PHYSICAL THERAPY PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RELIABLE SPRING & SUSPENSION RON BAKER CFIEV ROLET-GEO-ISUZU SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SBC/MCI SKS INC. SOLANA CENTER SOUTHERN CALIF TRUCK STOP STANFORD SIGN & AWNING INC. STARTECH COMPUTERS STATE COMPENSATION INS FUND STRATACOM SUNGARD PENTAMATION INC REPAIR DAMAGED UNDERGROUND PIPING PAGING SERVICES AS NEEDED FOR POLICE EDUCATION REIMB/ICS S-215 EMAIL PROTECTION, ANTI-SPAM PROTECTI( MOP 45735 BRK FLU AND OIL FIL MOP 45736 - VEHICLE #398 SEAR REPAIR MOP 66556 BASKETBALL LEAGUE MOVE, ADD AND CIIANGE PHONE LINES AN #P80391-L SLEEVE, SPROCKET TEMP SRVCS HARROD JILL A W/E 04/07/06 TEMP SRVCS HARROD JILL A W/E 03/24/06 MOP 67256 - FUSES/OUTLETS ARM ASY (PART #XWIZ-3078-BA) MOP 63846 - PAINT RPLC W/C CK# 11274 RETURNED BY BANK RPLC W/C CK#11273 RETURNED BY BANK MOP 45742 - UNIFORMS PARKS SERVICE PERIOD 04-06-3 ALIGN FRONT END HEAVY TRUCK MOP 45751 - COVER ELECTRIC BILL/STREET# 10093014384 ELECTRIC BILL/FACILITIES#29728110755 ELECTRIC BILL/STREET#98917081416 ELECTRIC BILL/FACILITIES#10091911839 ELECTRIC BILL/WASTEWATER#29491892373 ELECTRIC BILL/WASTE W ATER# 10092646814 VOICE AND DATA #C60-449-7549-555 CHV SUPREME I0W30 BULK RECYCLED PRODUCTS, PER DEPARTMENT C MOP 45758 - DIESEL MATERIAL TO REPLACE 15 FEET OF GTO WII MOP 61744 VIDEO CARD W/C CLAIM COSTS EXPERT & CONSULT SRV MOP 63845 EXEMP EMPLOYEE TIME SUMMA FOUR.I'S RUNTIME MAINTENANCE - APR 06 207900 4/25/2006 34,462.00 207901 4/25/2006 25.00 207902 4/25/2006 7500 207903 4/25/2006 441.00 207904 4/25/2006 284.25 207905 4/25/2006 317.86 207906 4/25/2006 175.63 207907 4/25/2006 236.00 207908 4/25/2006 23.57 207909 4/25/2006 900.90 207910 4/25/2006 820.05 207911 4/25/2006 594.97 207912 4/25/2006 1,302.33 207913 4/25/2006 468.28 207914 4/25/2006 250.40 207915 4/25/2006 164.21 207916 4/25/2006 552.06 207917 4/25/2006 59,823.02 207918 4/25/2006 125.00 207919 4/25/2006 5.86 207920 4/25/2006 24,785.85 207921 4/25/2006 15,33 8.11 207922 4/25/2006 3,220.62 207923 4/25/2006 3,211.64 207924 4/25/2006 195.77 207925 4/25/2006 123.13 207926 4/25/2006 6,514,23 207927 4/25/2006 2,596.31 207928 4/25/2006 1,915.00 207929 4/25/2006 78.00 207930 4/25/2006 351.93 207931 4/25/2006 278.17 207932 4/25/2006 6,659.80 207933 4/25/2006 229.51 207934 4/25/2006 1,722.99 4 SUNGARD PENTAMATION INC SWEETWATER AUTHORITY SWEETWATER AUTHORITY VEETWATER AUTHORITY TETRA TECH ASL, INC. THE STAR NEWS THE STAR NEWS UNDERGROUND SERV ALERT US STERLING CAPITAL CORP VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VISTA PAINT WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WOOD & WOOD WOOD & WOOD WOOD & WOOD ARCO GASPRO PLUS AYSHORE TRANSIT MGMT INC CINTAS CORPORATION #694 COLORALL TECHNOLOGIES COPY POST PRINTING COSTCO WHOLESALE MEMBERSHIP COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CUMMINS CAL PACIFIC, LLC DIXIELINE LUMBER CO FIRST ADVANTAGE CORPORATION KAMAN INDUSTRIAL TECHNOLOGIES NAVY DISPATCH NEW FLYER PARTS NEXTEL COMMUNICATIONS `RINCIPAL FINANCIAL GROUP SAFETY-KLEEN SYSTEMS, INC. SAN DIEGO COUNTY SHERIFF SAN DIEGO TRANSIT CORPORATION SALES TAX FOR INV#49377 PO#68699 207935 4/25/2006 133.53 WATER BILLS/FACILITIES 12 ACCOUNTS 207936 4/25/2006 7,870.22 LAS PALMAS/WATER #960-7774-0 207937 4/25/2006 2,084.25 WATER BILLS/STREET 10 ACCOUNTS 207938 4/25/2006 1,670.63 ENG'G SRVC FEB 25-MAR 31, 2006 RESURFCN 207939 4/25/2006 12,500.33 PUBLISH NOTICE OF ORDINANCE ADOPTIOD 207940 4/25/2006 107.63 LEGAL ADVERTISING/COMMISSION MEETIN 207941 4/25/2006 76.88 UNDRGRND SRVC NEW TICKETS/MAR 2006 207942 4/25/2006 166.40 TRADE SETTLING CHRGS 04/08/06-04/14/06 207943 4/25/2006 397.36 MOP 46453 - PLUMBING - PW 207944 4/25/2006 315.21 WIRELESS S V C ACCT#970467631-0000I 207945 4/25/2006 63.83 GRAFFITI PAINT 207946 4/25/2006 302.84 MOP 63850 - ASSEMBLY HOSE 207947 4/25/2006 181.77 MOP 45763 CAT 5E 4 PR SOLID WH IK 207948 4/25/2006 390.39 LIABILITY CLAIM COSTS-FLORES VJCP 207949 4/25/2006 9,759.85 LIABILITY CLAIM COSTS-GONZALEZ ,V OPFI( 207950 4/25/2006 4,574.54 LIABILITY CLAIM COSTS-FRISBIE VS CNC 207951 4/25/2006 2,777.95 FUEL FOR STAFF VEHICLES FOR FY06 207952 4/25/2006 552.99 PAYROLL FOR CHECK DATED 04/21/06 207953 4/25/2006 47,932.64 MAINT. LAUNDRY SERVICE 207954 4/25/2006 256.68 BUS REPAIRS FOR FY 06 207955 4/25/2006 550.00 BUS ROUTE SCHEDULES AS NEEDED FOR FY 207956 4/25/2006 1,649.27 MEMBERSHIP ANNUAL RENEWAL 207957 4/25/2006 80.00 PAYROLL PPE 04/15/06 - SHERRY LOGEL 207958 4/25/2006 11.52 PAYROLL PPE 04/15/06 - SHERRY LOGEL 207959 4/25/2006 I I.52 BUS PARTS AS NEEDED FOR FY06 207960 4/25/2006 305.63 SHOP SUPPLIES 207961 4/25/2006 60.69 BACKGROUND CHECK 207962 4/25/2006 49.06 001 AER 2807 -12 HOSE,TEFLON 1-WIRE 207963 4/25/2006 133.27 BUS OPERATOR AD 207964 4/25/2006 300.00 BUS PARTS AS NEEDED FOR FY06 207965 4/25/2006 155.10 NEXTEL PHONES 03/10 - 04/09 207966 4/25/2006 484.29 401K - PPE 04/15/06 207967 4/25/2006 2,757.48 WASTE REMOVAL 207968 4/25/2006 510.00 PAYROLL PPE 04/15/06 - CHRISTINA RAMOS 207969 4/25/2006 50.00 207970 4/25/2006 60.00 BUS PASSES FY06 SBC PHONE SERVICE - APR 05 THRU MAY 04 207971 4/25/2006 212.66 SPANKY'S, INC. PORT -POTTY SERVICE 207972 4/25/2006 411.41 STATE OF CALIFORNIA PAYROLL PPE 04/15/06 - DIANNE BUCKINGHL 207973 4/25/2006 73.36 THERMO KING BUS PARTS AS NEEDED FOR FY 06 207974 4/25/2006 68.49 Workers compensation checks Total 357,128.32 11513 4/19/2006 59.29 11514 4/19/2006 9.70 11515 4/19/2006 95.83 11516 4/19/2006 15.25 11517 4/19/2006 835.06 11518 4/19/2006 13.75 11519 4/19/2006 18.08 11520 4/19/2006 1,063.74 11521 4/19/2006 242.73 11522 4/19/2006 83.94 11523 4/19/2006 87.21 11524 4/19/2006 280.03 11525 4/19/2006 444.82 11526 4/19/2006 59.29 11527 4/19/2006 59.29 11528 4/19/2006 83.01 11529 4/19/2006 78.40 11530 4/19/2006 72.25 11531 4/19/2006 83.01 11532 4/19/2006 347.10 11533 4/19/2006 440.00 11534 4/19/2006 400.00, 11535 4/19/2006 320.00 11536 4/19/2006 761.04 11537 4/19/2006 785.71 11538 4/24/2006 10,800.00 11539 4/24/2006 600.00 11540 4/24/2006 350.00 11541 4/24/2006 78,850.00 6 PAYROLL Pay period 278 Start Date - End Date Check Tate 3/28/2006 4/10/2006 TRANSIT WARRANTS Check #207952-207974 11542 4/24/2006 4,400.00 Total 101,738.53 Total 458,866.85 4/19/2006 Total Grand Total 757,168.52 1,216,035.37 458,866.85 Checks 23 Total 57,079.30 City of National City Warrant Register # 42 4/25/2006 J1 GENERAL FUND 691,322.77 J4 LIBRARY FUND 22,553.16 J5 PARKS MAINTENANCE FUND 16,917.63 J8 LIBRARY CAPITAL OUTLAY 212.15 J9 GAS TAXES FUND 3,936.71 20 PLAN CHECKING REVOLVING FUND 12,655.18 25 SEWER SERVICE FUND 31,730.82 36 TINY TOT CLASSES FUND 56.83 54 STATE PUBLIC LIBRARY FUND 371.11 71 LIBRARY SCHOOL DISTRICT CNTRCT 1,551.19 72 TRASH RATE STABILIZATION FUND 3,600.05 91 STOP PROJECT 4,592.99 12 PERSONNEL COMPENSATION FUND 9,947.60 30 ABANDONED VEHICLE ABATEMENT GRANT 1,405.85 46 WINGS GRANT 15,152.04 50 NEW FIRE STATION CONSTRUCTION 2,403.00 54 LEAD -BASED PAINT HAZARD REDUCTION GRANT 11,162.65 73 CBAG-MAJOR MEXICAN TRAFFICKERS 2,773.16 84 Literacy Initiatives XIV 5,856.44 85 EASY VOTER GUIDE II 1,060.00 86 LITERACY SERVICES I11 1,854.52 87 AMERICORPS LSTA III 3,419.30 88 PRIME TIME II 381.14 91 AMERICORPS CNCS YEAR 3 3,360.19 94 HUD HEALTHY HOMES GRANT 2,680.44 01 GRANT-C.D.B.G. 7,819.78 02 CDC PAYMENTS 15,375.89 03 CAPITAL FACILITIES FUND 2,285.25 07 PROPOSITION A" FUND 18,404.34 52 TDA 57,079.30 26 FACILITIES MAINT FUND 46,781.94 27 LIABILITY INS. FUND 136,611.20 28 GENERAL SERVICES FUND 9,415.81 29 INFORMATION SYSTEMS MAINTENANC 8,689.00 30 OFFICE EQUIPMENT DEPRECIATION 17,437.00 31 TELECOMMUNICATIONS REVOLVING 11,126.88 32 GENERAL ACCOUNTING SERVICES 16,559.07 43 MOTOR VEHICLE SVC FUND 17,492.99 Total 1,216,035.37 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY 0 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. BUDGET & ESTMENT OFFICER 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 l6th OF MAY 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT MAY 16, 2006 MEETING DATE AGENDA ITEM NO. 22 (TEM TITLE WARRANT REGISTER #43 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register #43 per Government Section Code 37208. Environmental Review N/A FinanFibit01.5198Wele. Approved By: iv SG C G Budget & Inv`(ment Officer Account No. STAFF RECOMMENDATIQN I recommend ratification of these warrants for a total of $ 457,198.67 BOARD/COMMISSION RECOMMENDA ION ., _764', ATTACHON,XSnt(4643049+ ) 2. Workers Comp Warrant Registers dated 4/27/06 3. Resolution No. A-200 (9/80) THE H.W. WILSON COMPANY THOMSON GALE BRODART CATHAY BETA :INGULAR WIRELESS CITY OF NATIONAL CITY DEERING GUTIERREZ LAU LITERACYWORKS NOLO PRESS, INC. O'HARA SPRINT THE VIDEO STORE SHOPPER VARGAS XEROX CORPORATION AMERI-MEX PLUMBING BARAHURA BDS ENGINEERING INC SOYD City of National City WARRANT REGISTER # 43 5/2/2:006 Payee Description chk no chk date amount UNITED STATES TREASURY MEDICARE TAXES 1ST QRTR 2006 207975 5/1/06 93.64 BAKER & TAYLOR DONATION BOOKS- 207976 5/2/06 1,846.00 CITY OF NATIONAL CITY SALES TAX FOR OUT OF STATE VENDORS 207977 5/2/06 4.97 F.C.L. EL LIBRO EN ESPANOL BOOKS - SPANISH- 207978 5/2/06 6,006.69 MIDWEST TAPE VIDEO/DVD - DONATION-- 207979 5/2/06 78.65 SCHOLASTIC LIBRARY PUBLISHIN BOOKS - DONATION-- 207980 5/2/06 2,095.00 BOOKS(REFERENCE) 207981 5/2/06 253.44 BOOKS - DONATION-- 207982 5/2/06 4,836.17 BOOKS - PRIME TIME YEAR 2 GRANT- 207983 5/2/06 31,455.59 CONTRACT SERVICES - PRIME TIME YEAR 2 207984 5/2/06 6,375.00 TELEPHONE - WINGS GRANT 207985 5/2/06 39.78 OUT-OF-STATE TAX 207986 5/2/06 2,437.81 AMERICORPS LSTA Y3 (TRAVEL) 207987 5/2/06 42.50 LIT: INIT. XIV (TRAVEL) 207988 5/2/06 31.04 LIT. INIT. XIV (TRAVEL) 207989 5/2/06 34.00 CONTRACT SERVICES - AMERICORPS LSTA, )207990 5/2/06 14,500.00 BOOKS 207991 5/2/06 107.10 LIT. INIT. XIV (TRAVEL) 207992 5/2/06 1,410.10 TELEPHONE - WINGS GRANT 207993 5/2/06 59.76 MATERIALS & SUPPLIES 207994 5/2/06 1,554.12 LIT. INIT. XIV (TRAVEL) 207995 5/2/06 13.60 COPY MACHINE CONTRACT FOR _ 207996 5/2/06 1,474.57 REFUND FOR OVERCHARGED PERMIT FEE 207997 5/2/06 126.00 ADVANCED MEALS/MILEAGEBARAHURA 207998 5/2/06 342.00 SERVICES 3/6/06-3/31/06 207999 5/2/06 35,547.30 RETIREE HEALTH BENEFITS MAY 2006/PAUL 208000 5/2/06 145.00 City of National City WARRANT REGISTER # 43 5/2/2006 Payee Description chk no chk date amount BRICK ROW CONSULTING INC REFUND DEVELOPMENT FEES 208001 5/2/06 3,698.00 C W REED JR RETIREMENT 2000964-S90 FOR MAY 2006/C W 208002 5/2/06 981.51 CALIFORNIA COMMERCIAL POOL FEB 2006 SRVCS-MUNI POOL RENOVATION 208003 5/2/06 195,990.12 CALIFORNIA COMMERCIAL SECUR MOP 45754 - KEY 208004 5/2/06 37.60 D-MAX ENGINEERING INC T&A#950 PACIFIC VIEW ESTATES 208005 5/2/06 1,815.00 DEFRATIS RETIREE HEALTH BENEFITS MAY 2006/ROLE 208006 5/2/06 120.00 DICERCHIO RETIREE HEALTH BENEFITS MAY 208007 5/2/06 70.00 EDIE MITCHELL OATS CONSULTING SERVICES 208008 5/2/06 560.00 EWERT, PHILLIP RETIREE HEALTH BENEFITS MAY 2006 208009 5/2/06 160.00 GHA TECHNOLOGIES PANASONIC CF-VZSUI8BU NOTEBOOK BATT 208010 5/2/06 716.68 HAMILTON RETIREE HEALTH BENEFITS MAY 2006 208011 5/2/06 100.00 HOLLOWAY, WILLIAM RETIREE HEALTH BENEFITS MAY 2006 208012 5/2/06 150.00 HORIZON HEALTH EAP MAR 2006 EMPLOYEE ASST PROGRAM 208013 5/2/06 866.36 HORIZON HEALTH EAP APR 2006 EMPLOYEE ASST PROGRAM 208014 5/2/06 855.62 INFRASTRUCTURE ENGINEERING T&A#950 PACIFIC VIEW ESTATES 208015 5/2/06 420.00 INFRASTRUCTURE ENGINEERING T&A#1018 835 E 18TH STREET 208016 5/2/06 188.16 JERAULD'S AUTOMOTIVE INC. MOP 45724 - MUFFLER VEHICLE #213 208017 5/2/06 154.57 KIMBLE RETIREE HEALTH BENEFITS MAY 2006 208018 5/2/06 300.00 LEXIS-NEXIS ON LINE CHARGES FOR MARCH 2006 208019 5/2/06 379.18 LOPEZ INTERPRETATION SRVCS ON 04/18/06 208020 5/2/06 100.00 MATIENZO RETIREE HEALTH BENEFITS MAY 2006 208021 5/2/06 100.00 MAYER REPROGRAPHICS T&A#0911 REPRODUCTION OF PRINTS 208022 5/2/06 19.66 MCCABE RETIREE HEALTH BENEFITS MAY 2006 208023 5/2/06 280.00 MURRAY, JOHN RETIREE HEALTH BENEFITS APR 2006 208024 5/2/06 150.00 MYERS RETIREE HEALTH BENEFITS MAY 2006 208025 5/2/06 140.00 NAPA AUTO PARTS MOP 45735 - FUEL FILTER 208026 5/2/06 50.50 NOSAL, WILLIAM A. RETIREMENT SETTLEMENT FOR MAY 2006 208027 5/2/06 921.86 2 City of National City WARRANT REGISTER # 43 5/2/2006 Payee OFFICE TEAM OFFICE TEAM Description chk no chk date amount TEMP SRVCS HARROD JILL A W/E 03/31/06 208028 5/2/06 924.00 TEMP SRVCS HARROD JILL A W/E 04/14/06 208029 5/2/06 831.60 OFFICE TEAM TEMP SRVCS STOFER LARRY W/E 01/27/06 208030 5/2/06 739.20 OFFICE TEAM TEMP SRVCS WILLIAMS LEON W/E 11/18/05 208031 5/2/06 739.20 OFFICE TEAM TEMP SRVCS STOFER LARRY W/E 02/10/06 208032 5/2/06 184.80 PARTS PLUS AUTOSTORE #713 MOP 64946 - BELT 208033 5/2/06 16.06 PAW RETIREE HEALTH BENEFITS MAY 2006 208034 5/2/06 340.00 POTTER RETIREE HEALTH BENEFITS MAY 2006/POTT1208035 5/2/06 150.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 - UNIFORMS WASTEWATER 208036 5/2/06 24.36 RAY RETIREE HEALTH BENEFITS MAY 2006 208037 5/2/06 190.00 RORE ENVIRONMENTAL SCIENCE REMOVAL OF UNDRGRND STORAGE TANKS 208038 5/2/06 58,229.00 ZOUNDS EDUCATIONAL REIMB/ROBERT ROUNDS 208039 5/2/06 1,366.45 RUIZ RETIREE HEALTH BENEFITS MAY 2006 208040 5/2/06 310.00 SD LEGAL SECRETARIES ASSO SD LEGAL SECRETARIES ASSOC MAY MEET11208041 5/2/06 25.00 SEGOVIA WEB SITE MULTI-LENGUAGE SURVEY REIME208042 5/2/06 39.90 SHORT, CRAIG RETIREE HEALTH BENEFITS MAY 2006 208043 5/2/06 300.00 SOUTHERN CALIF TRUCK STOP MOP 45758 - DIESEL 208044 5/2/06 113.00 THE FOUR POINTS SHERATON HOTI ADVANCED LODGING/BARAHURA 208045 5/2/06 470.40 THE LIGHTHOUSE, INC. MOP 45726 - AUTOMOTIVE LIGHTS 208046 5/2/06 40.41 THE STAR NEWS LEGAL ADVERTISING MAY 01, 2006 MEETING208047 5/2/06 317.75 THE STAR NEWS PUBLISH NOTICE OF PUBLIC HEARING 208048 5/2/06 56.35 UNITED PARCEL SERVICE UPS SHIPMENT 208049 5/2/06 38.40 VULCAN MATERIALS COMPANY ASPHALT FOR FISCAL YEAR 2006 208050 5/2/06 336.22 WEST GROUP PAYMENT CENTER ON-LINE CHRGS JAN, FEB & MAR 2006 208051 5/2/06 473.61 ZIETLOW, DAVID RETIREE HEALTH BENEFITS MAY 2006 208052 5/2/06 150.00 AVAYA, INC PHONE MESSAGING 03-02 TO 04/01 208053 5/2/06 46.88 3LUE SHIELD OF CA DENTAL INSUR - MAY 2006 208054 5/2/06 623.95 City of National City WARRANT REGISTER # 43 5/2/2006 Payee BUCK PETROLEUM CO Description chk no chk date amount MOTOR OIL LUBRICANTS AS NEEDED FOR F}208055 5/2/06 1,320.53 CINTAS CORPORATION #694 MAINTENANCE LAUNDRY SERVICE UNTIL E1208056 5/2/06 128.34 CORPORATE EXPRESS OFFICE SUPPLIES 208057 5/2/06 49.93 DHL EXPRESS (USA) INC. SHIPPING CHARGES 208058 5/2/06 110.51 DIRECT TV DIRECT TV - 04/13/06 TO 05/12/06 208059 5/2/06 74.98 FIRST ADVANTAGE CORPORATION RANDOMS - BREATH ALCOHOL TESTS 208060 5/2/06 725.00 JANKOVICH COMPANY DIESEL - FUEL 208061 5/2/06 17,785.21 KAISER FOUNDATION HEALTH PLA MEDICAL INSUR. MAY '06 208062 5/2/06 11,094.00 LASER SAVER INC TONER FOR PRINTER 208063 5/2/06 96.87 MCDONALD TRANSIT ASSOC. INC. MANAGEMENT FEE 208064 5/2/06 12,776.40 NEW FLYER PARTS BUS PARTS AS NEEDED FOR FY06 208065 5/2/06 1,207.90 SAN DIEGO BUS DRIVERS UNION UNION DUES APR '06 208066 5/2/06 1,082.80 SCHOLASTIC SPORTS INC ADVERTISING 208067 5/2/06 199.00 SONITROL OF SAN DIEGO INSTALLATION OF SONAVISION SYSTEM 208068 5/2/06 5,320.00 SOUTH COAST MEDICAL CLINIC PRE -EMPLOYMENT TEST- ERIC NUNEZ 208069 5/2/06 108.00 THE STAR NEWS FULL TIME BUS OPERATORS AD 03/31 - 04/07 208070 5/2/06 85.60 UNEFiRST MAINT. LAUNDRY SERVICE 208071 5/2/06 150.40 Total $ 439,626.66 Workers compensation checks 11543 4/26/06 72.25 11544 4/26/06 9.25 11545 4/26/06 311.31 11546 4/26/06 307.45 11547 4/26/06 77.71 11548 4/26/06 11.69 11549 4/26/06 181.03 11550 4/26/06 495.00 4 City of National City WARRANT REGISTER # 43 5/2/2006 Payee Description chk no chk date amount 11551 4/26/06 29.08 11552 4/26/06 47.60 11553 4/26/06 689.39 11554 4/26/06 1,021.18 11555 4/26/06 156.84 11556 4/26/06 78.42 11557 4/26/06 14.76 11558 4/26/06 158.52 11559 4/26/06 132.23 11560 4/26/06 103.04 11561 4/26/06 101.32 11562 4/26/06 145.24 11563 4/26/06 208.51 11564 4/26/06 94.98 11565 4/26/06 75.21 11566 4/26/06 175.14 11567 4/26/06 75.65 11568 4/26/06 60.98 11569 4/26/06 139.89 11570 4/26/06 72.25 11571 4/26/06 3,000.00 11572 4/26/06 47.39 11573 4/26/06 57.80 11574 4/26/06 231.59 11575 4/26/06 94.75 11576 4/26/06 42.86 11577 4/26/06 127.59 City of National City WARRANT REGISTER # 43 5/2/2006 Payee Description chk no chk date amount 11578 4/26/06 444.77 11579 4/26/06 195.45 11580 4/26/06 108.95 11581 4/26/06 1,000.00 11582 4/26/06 120.42 11583 4/26/06 78.40 11584 4/26/06 78.40 11585 4/26/06 78.40 11586 4/26/06 446.00 11587 4/26/06 268.56 11588 4/26/06 400.00 11589 4/26/06 2,500.00 11591 4/26/06 440.00 11592 4/26/06 12.00 11593 4/26/06 400.00 11594 4/26/06 151.96 11595 4/26/06 32.30 11596 4/26/06 112.50 11597 4/26/06 556.00 11598 4/26/06 1,500.00 Total $ 17,572.01 TRANSIT WARRANTS LIBRARY WARRANTS CHECK #208053-208071 CKS 29 CHECK #207976-207996 CKS 21 Grand Total 457,198.67 TOTAL $52,986.30 TOTAL $74,655.89 6 001 108 111 125 196 212 222 244 246 277 284 286 287 288 302 303 552 626 627 628 629 643 726 City of National City WARRANT REGISTER #43 5/2/2006 GENERAL FUND LIBRARY CAPITAL OUTLAY P.O.S.T. FUND SEWER SERVICE FUND CAPITAL PROJECT RESERVE PERSONNEL COMPENSATION FUND WOW MOBILE GRANT FY 2000-2001 ROBERTI-ZBERG-HARRIS BLOCK GR WINGS GRANT NC PUBLIC LIBRARY DONATIONS F Literacy Initiatives XIV LITERACY SERVICES III AMERICORPS LSTA III PRIME TIME II CDC PAYMENTS CAPITAL FACILITIES FUND TDA FACILITIES MAINT FUND LIABILITY INS. FUND GENERAL SERVICES FUND INFORMATION SYSTEMS MAINTENA MOTOR VEHICLE SVC FUND. ENGINEERING/PUBLIC WORKS T & A TOTAL 11,986.32 7,016.52 812.40 35,571.66 58,229.00 5,058.37 1,554.12 110,990.12 99.54 8,024.85 8,488.74 1,581.67 7,542.50 40,268.40 257.76 85,000.00 52,986.30 12.71 18,132.01 38.40 705.03 399.43 2,442.82 457,198.67 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. BUDGET & INVESTMENT OFFICER FINANCE COMMITTEE CITY MANAGER 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 l6th OF MAY 2006. AYES NAYS ABSENT City of Natipnal City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 ITEM TITLE Public Hearing - Conditional U American Self -Storage Building at 525 West 20th (Case File CUP-2005-25) Og— PREPARED BY Angela Reeder, 336-4310 EXPLANATION The City Council took action at their April 18, 2( project site is a long, narrow 31,800 square foot lot 1 concrete block buildings on the property that house building on the northern portion of the property. This surrounding properties to the north, east, and south. The applicant proposes to attach three panel a which are up to 54 inches long and 12 inches wide, will building and will be painted blue to match the band at tl 23 AGENDA ITEM NO. Permit for a Wireless Communications Facility on the A- treet. (Applicant: M&M Teicom for Cricket Communications) DEPARTMENT Planning 06 meeting to schedule this item for a public hearing. The proposed hat lies on the east side of the 805 Freeway. There are two existing A -American Self -Storage. The wireless facility is proposed on the property is zoned Light Manufacturing Residential (MLR), as are the hennas at three locations on the outside of the building. The antennas, be mounted near the top of the north, west, and south facing walls of the e top of the building. The applicant also plans to lease an area inside the building to place up to two equipment cabinets. The facility will be unmanned; a service technician will visit the facility once a month for routine maintenance. The technician will acc s the antennas from existing pull -down stairs inside the building. Consistent with City policy, the proposed facilwill not be obvious to the casual observer, since the antennas will be facade mounted and painted to match the building. e proposal avoids the need for equipment screening by locating their equipment inside the existing building, as City polio encourages. City policy also encourages wireless communications facilities to co -locate. Currently, there are other wirel ss facilities on the south A -American self -storage building that were approved in 2001, including nine facade mounted ante as painted to match the building. Additional efforts to control graffiti would also improve the aesthetics of the building. The Planning Commission held a hearing on this item on April 3, 2006, and voted to approve the Conditional Use Permit finding that the site is suitable for the proposed facility, that the facility is appropriately designed, and that the additional service is needed in the community. Environmental Review X NIA Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with te decision of the Planning Commission, with the addition of a new condition pertaining to graffiti removal (#9), nd recommends the project be approved. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Carrillo, Alvarado, Baca, Flores, Reynolds, DeLaPaz Absent: Pruitt ATTACHMENTS (Listed Below) 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Planning Commission Resolution No. 10-2006 4. Location Map Resolution No. 5. Notice of Exemption 6. Photo Simulations 7. Reduced site plan, elevations, details A-200 (9/99) RECOMMENDED FINDINGS FOR APPROVAL 1. That the site for the proposed wireless communications facility is adequate in size and shape, since the antennas and 170 square foot equipment storage area will be located within and on an existing 21,850 square foot industrial building. 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 wireless facility is unmanned and will typically be visited only once a month for maintenance activities, and since the site can be accessed from a paved alley off W. 20th Street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the bulk of the equipment will be located inside an existing building, and since the three small panel antennas located on the outside of the building will appear as small architectural features painted to match the building. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cricket Communications 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 525 W. 20th Street. 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-2005-25, dated 12/19/2006. 2. Building plans shall include a note that the rooftop cable trays will be painted to match the roof of the building. 3. 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. 4. 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 or 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. 5. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 6. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 7. 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 8. 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. 9. Exterior walls of buildings 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 48 hours of its observance. RESOLU A RESOLUTION OF T OF THE CITY OF NA APPROVING A C FOR A WIRELESS C AT 525 W. 20TH STREET ON THE APPLICANT: M & M TELCO CASE FIL ION NO. 10-2006 PLANNING COMMISSION IONAL CITY, CALIFORNIA, ITIONAL USE PERMIT MMUNICATIONS FACILITY -AMERICAN SELF -STORAGE BUILDING FOR CRICKET COMMUNICATIONS NO. CUP-2005-25 WHEREAS, the Planning Commi sion of the City of National City considered a Conditional Use Permit application for a wi eless communications facility at 525 W. 20th Street on the A -American Self -Storage Building •t a duly advertised public hearing held on April 3, 2006 at which time oral and documentary ev dence was presented; and, WHEREAS, at said public hearing e Planning Commission considered the staff report contained in Case File No. CUP-2005-25, aintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pur law and City law; and, WHEREAS, the action recited here public health, safety, and general welfare. NOW, THEREFORE, BE IT RESO National City, California, that the testimony at the public hearing held on April 3, 2006, s 1. That the site for the proposed and shape, since the antennas located within and on an existi uant to all applicable procedures required by State n is found to be essential for the preservation of VED by the Planning Commission of the City of nd evidence presented to the Planning Commission pport the following findings: wireless communications facility is adequate in size and 170 square foot equipment storage area will be g 21,850 square foot industrial building. 2. That the site has sufficient acciss 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 wireless facility is unmanned and will typically be visited only once a month for maintenance activiti-s, and since the site can be accessed from a paved alley off W. 20th Street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the bulk of the equipment will be located inside an existing building, and since the three mall panel antennas located on the outside of the building will appear as small ar hitectural features painted to match the building. • • 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cricket Communications 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 525 W. 20th Street. 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-2005-25, dated 12/19/2006. 2. Building plans shall include a note that the rooftop cable trays will be painted to match the roof of the building. 3. 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. 4. 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 or 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. 5. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 6, The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 7. 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 8. This permit shall become null and void if not exercised within one year after adoption o: the resolution of approval unless extended according to procedures specified in Set* 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 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 3,' 2006, by the following vote: AYES: Carrillo, Alvarado, Baca, Flores, Reynolds, DeLaPaz NAYS: ABSENT: Pruitt AB STAIN: CHAIRWOMAN PROJECT LOCATION AN LOCATION MAP Conditional Use Permit for a Wireless Communications Facility at 525 W. 20th. St. CUP-2005-25 NATIONAL. CITY PLANNING DRN. DATE. 3/21/06 INITIAL. HEARING: 4/3/06 TO: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. CUP-2005-25 Proiect Location: 525 W. 20th Street Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Proposed Cricket Communications wireless communications facility consisting of three panel antennas and a 170 equipment storage room on and in and existing self -storage building Applicant Name and Address: M & M Telcom P.O. Box 55 Poway, CA 92074 Exempt Status: II Telephone Number: 858-735-2906 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. 15061b1) Reasons why project is exempt: There is no probability that the project will have a significant effect on the environment, since the proposed 170 square foot facility will be built on and within an existing 21,000 square foot industrial building. Date: Andrew Hoskinson, Associate Planner SAN-705 SITE PRIOR T() INSTALLATION VICINITY MAP A-AMERICAN SEL TORAGE 525 WEST 20TH STREET NATIONAL CITY, CA 91911 LOOKING SOUTHEAST TOWARD SUBJECT BUILDING SITE AFTER INSTALLATION LAND USE CONSULTANTS 760-3 90-772 7 SAN-705 LOOKING NORTHWEST AT SUBJECT BUILDING �I uiilf. iNldiD�I�,I��yt�I��,i�Ii��,��t�i;, SITE AFTER INSTALLATION VICINITY MAP A-AMERICAN SELF STORAGE 525 WEST 20TH STREET NATIONAL CITY, CA 91911 LAND USE CONSULTANTS 760-390-7727 — PROP® DIEM OONIAINION1018 1,00E WANED ON IApO /WPM MOW ro IDD1 fDp10 PSPm aplE Dpu-01 /PIOL 1U<' A T N 8 PROPoaD onat WIM11010 OWIM AMA tp Alw1 D11 tOr FLOOR IN Root OIM Or COSMMp elv TOKa plOa. WILSON STREET PIIRPOpm OM= COMU CAlloNS I PM�IDE mDPO of m6111p ppDYp 1 Rm. woo 15 I5001 MOM 1 RwGIioNozni6 PWO= wiz 0554/ 0C0NPIN OM I106N^ PIOPON9 MONET 0d0.111.1014 MEM WPM eK GMIDIODLYO *MOM NAM N SCSI Mem 1El11C NT'f ram 01v1 —PRPPFR�WE Alcoa Mreiess Services Naa ammo MIC9 f!6 fW IN.>Y2 m pp FA N pq PDO,p REVISIONS 11/M11 MIL as • 111101 06OW 10 RB WORMER COONFD X 11E SEE OF DOQp9115 5 PROP ETMf RY WIRE RMT USE OR D SCLOSL E O1191 WAN MST 1010i REIQFS 10 CFM MINE IS SIRCILY PROMOS, PRO.ECT No. SR: NAME A-AMERICAN SELF STORAGE SAN-7G5-8 SITE ADORES 525 W. 2OTH ST NATIONAL CRY, CA 91911 DESIGN TYPE: TI DRAMS TITLE ZONING cricket ""' M� Mat` W P` WAWA: a IDS `!11/was Ps L • a C' at Dal SCALE RR�P. p_1 I 1 L — ROM H+t it AlcoaWl SerDA:M6 Itz.OYe 010 A ttv Nd Oi -Rf pl. W awn* REVISIONS aMM- MITI_ Mil OM r-a• r-+• r OEIIIEN rMrB ME — i->• I fAy» r a" NO CAE TEYA!'BW THE OFORIN K*I MIMED N 71/6 4T OF OOQYB65 6 PgOiRlTIRr BY 11�71fi IMY USE OR OFEt.Rr OTHER MIN Ma WEN MUMS TO CLIENT NYE 6 SlA CRY MOWED — _[Z_ ® M1 , DEMO w u MOM DOOR PROPOSED COO CODWO.11Oln we wMt mown. CO VBMn 1 ru-u¢ I C�BNEi OM. i Iiiiu o 1 b — IIIII 11111 '.1P.- CRO,ECT Na OOOODOD SITE NAYS A-AMERICAN SELF STORAGE \�19 Nom. ow MN,MGM INATORO _ WOODEDnRD¢r corurwm.a V ORO., PMRmr D101 FAC08 *LW OM DOME moo. WORK R.wtm tD MICR 0R010 \ ... SITE NUYFkR S M-7G5-11 SITE ADORIE4: 525 W. 20TN ST MAMMAL CLIY, CA 91911 *ow pis E MIMEO ' R—D " E OW NO IDTMM TO MOM 00016 tut rRmPoMn ma MPS M to Nc,wr -' .wilD IMO auwxp I DESIGN TYPE 11 DRAWS 1111E ZONING cri Commilaintilaffia et lac. ii* r rRa NS Non MMM W iz 20.1.2 isa L tut 1.- b/... •m = a . A-2 .. I D r Y fT SCALE: 1 4 • WWII E-V p 9 t. 101•1__ * r. ON fY '97311D OHRIOZ 13111/ 5$1$roaa u 3dLL eama 1t816 1 i 'xjj3 ANO11YN 1S 1110Z 11 SU :MVO& 31.6 6-SOG-NYS 7Lig1IfH 316 39YYO1S 113S NY;NYit1Y-Y 3!WH 316 9N 133'Wd MAMA AL515 9 3NNI l0 GR7 0l SUVA II.1(01YN1 Nr0 $3110 31r1=90 00 3511 IN 3/1511r AB /1$113MiOtld 9 5N1301500 40 135 94110 QlSa1150 11911101314 311 101.1115530 3.D ON �ri i-/r • M-Ur IW a SNOISN3l .prr-- rta rNl -0 ur raw r rlwssrrtr au BOVM119S w Sea1r4A1 B'�h1 to _ 3MM!/,awrot!O rri Orr Co ypry X*1 dY59 1 C1n 1moor 3 LW erear 11DX. W.IH ar 6SNdld • • 3010(d / 1Otl O LQiI Di aw W w 0* 4.4$ $ — W 1IMIIA we. 1010 0C$� 10 1010 tell (.oa W...../OY0I 3. IpIID5 9tllYJVNIIRG 13M'JN — Mgr / rt. d0 Aar pal at WN W *14r 1Cr11 00 err Wert 'eta IIIflV Ir 111 011nMA10. � M1p4NNNm MOW Groom LM11 warm AO¢S rum *Wu TJWY1 ALOS trip] *wIIM tc*— Y altraS NOuvn-RI Car mY .adOW t11*3 rq�I 10110 01 6i11M.f Y.C{t1 WZ NYNQV/ \tI 3WI rrIantroo n MOW it0p101 *014 WOO. " MOM .1. IP= NMI 30Nt1 AOOS Mar NI?OpW MOM COMMIM/pRMMan WOW* 011 ANNA MOO 19 WON MOM 11107 NOi'TO .rvo°�T MOW OF 116 M /10 YDY IATR TOIIQ MJMIm a,LYEc VWMY9016 .M'•I.04 L4ZWH °On{ o MD. MOTO R YAM wan MO NM10 MUD R10,11 Of riv / MGM DrALr®,uo :r pj Alcoa Wh31668 Ila Yip war s am so - i6 r<0 - -r11-u- Ian REVISIONS RILL sN ,1/iyAli ON IMO IU OAIE OEID11 1NE !FOR V % CONfN®11 MI5 SET 6 CO.ETITS 6PROPRETMT B/ WIPE AN, UM OR ORM. fa DARN TRW MAT Mai NEUBTS TO CLAN NYE 5 SRb91.Y Mi0I81®. ELEVATION SCALE: 1 PROJECT No STE NAPE A—ANFAICAN SELF STORAGE STE NWBFR: SAN-705—B STE ADDRESS 525 W. 2OTH ST NATIONAL CITY, CA 91911 11 ORATOR TELL ZONING cricket "" ONTO. W m/pya rrl WE `yip ♦ • a A-4 rr 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. ITEM TITLE 24 RESOLUTION — Adopt a Resolution of the City Council authorizing the City Manager to negotiate a Lease with the San Diego Part Labor Relations Committee for use of the western portion of the former National City Library building (200 East 12TH Street) for office use as a short-term/interim use while permanent facilities are sought. PREPARED BY DEPARTMENT David Parsons Community Development Commission CDC Project Manager (619) 336-4297 EXPLANATION Relocation of the International Longshore & Warehouse Union ("ILWU") Local No. 29 office at 41 East 12th Street will be necessary to proceed with the Revolution 2 project by the Constellation Property Group ("Developer"). The current lease expires on October 31, 2006, but includes a 5-year option for the ILWU to extend the lease another five years. The Developer has asked the City for assistance in finding a temporary relocation site for the ILWU, so development of the Revolution 2 site can proceed. It was determined that the former National City Library at 200 East 12th Street might serve as a temporary location for the ILWU, while a permanent location is found. The ILWU proposes to occupy the western portion (5,730 square feet) of the Library building, while leaving the remaining portion (17,000 square feet) available for the phased development of the proposed Arts Center. Proposed terms of the lease will include; lease length, revenue, maintenance, parking, property taxes and inflationary adjustments to the market rent. Environmental Review Not applicable. Financial Statement Staff estimates the City will receive approximately $150,000 during the initial 2-year term of the proposed lease and $500,000 if the lease runs for a 5-year total term. There are no extensions proposed beyond the maximum 5-year term of the lease. Account No. STAFF RECOMMENDATION Adopt the Resolution authorizing the City Manager to negotiate a market rate lease not to exceed 5 years in length for City property (200 East 12th Street) with the San Diego Port Labor Relations Committee. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS l 1. Background Report 2. Exhibit A— Office Area Map Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO NEGOTIATE A LEASE AGREEMENT WITH THE SAN DIEGO PORT LABOR RELATIONS COMMITTEE FOR THE USE OF THE WESTERN PORTION OF THE FORMER NATIONAL CITY LIBRARY BUILDINJG LOCATED AT 200 EAST 12TH STREET FOR OFFICE USE AS A SHORT-TERM/INTERIM USE WHILE PERMANENT FACILITIES ARE SOUGHT WHEREAS, the City desire to assist the San Diego Port Labor Relations Committee in finding suitable temporary office and dispatch facilities; and WHEREAS, San Diego Port Labor Relations Committee desires to lease from the City certain office space at the former National City Library building located at 200 East 12th Street to service as a temporary dispatching and office facilities; and WHEREAS, the City desires to assist the Community Development Commission of the City of National City (CDC) who is engaged in activities necessary to execute and implement the Redevelopment Plan for the National City Redevelopment Project and the National City Downtown Specific Plan; and WHEREAS, the lease will facilitate the re -use of an underutilized property; and WHEREAS, the relocation of the San Diego Port Labor Relations Committee will assist the CDC in implementing the Redevelopment Plan and the Downtown Specific Plan; and WHEREAS, lease revenue would not be Tess than fair -market for the prescribed terms of the Lease; and WHEREAS, lease revenue will provide needed funding to the City general fund for community benefit; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to negotiate a lease agreement with San Diego Port Labor Relations Committee for the use of the western portion of the former National City Library building located at 200 East 12th Street in consideration of fair market value, for a term not to exceed five (5) years in total length. PASSED and ADOPTED this 16th day of May, 2006. ATTEST: Michael Della, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney ATTACHMENT 1 BACKGR The Revolution 2 development will requ at 41 East 12th Street to accommoda project with 317 residential condominiu with a transit plaza. Leases for the rem will expire in October of 2006, however option at the discretion of the ILWU. T in finding a temporary relocation site for site can proceed. The National City Community Devel properties holdings and called local bro office space for the ILWU as a suitable market properties it was determined th 12th Street ("Library") might serve as permanent facility is found. The City Manager requests authorizatio term of two (2) years and three (3) 1-ye no longer than 5 years. It is expected th June 20, 2006 meeting for considerati issues: • Maintenance expense • Parking • Property taxes, if applicable • Conditions for the three (3) 1-year • Inflationary adjustments for marke The ILWU proposes to occupy the wes building as shown in Exhibit "A", while feet) available for the phased developm April 25, 2006 CDC and City staff met discuss the proposed lease of the Lib Library building having a dual use as an Benefits to the City of leasing the western • Proceeding with the Revolution 2 National City. • Allows Arts Center project to move • Providing an immediate occupant vandalism. • Provides revenue ($150,000 to $5 none. UND REPORT re the demolition of a two-story office building e the twenty-two story mixed -use residential units, over 10,000 square feet of retail space ining two tenants of the existing office building the ILWU facility has a 5-year lease extension e Developer has asked the City for assistance the ILWU, so development of the Revolution 2 pment Commission ("CDC") assessed its ers to ascertain the availability of replacement location. After eliminating CDC and available t the former National City Library at 200 East a temporary location for the ILWU, while a to negotiate a market rate lease with an initial r extensions for a total potential lease term of final lease will come to the City Council at its' n. The final lease will address the following extensions rate rent ern portion (5,730 square feet) of the Library leaving the remaining portion (17,000 square nt of the proposed Arts Center. On Tuesday, ith the National City Public Arts Committee to ary and identified issues with respect to the rts Center and Union office for up to 5 years. portion of the Library to the ILWU include: roject as catalyst redevelopment for Downtown orward in a phased fashion. for a property that suffers from vagrancy and 0,000) from a facility, where there is currently i CITY BUDGE (CITY MAN - DELIBERATIONS GER'S OFFICE) ITEM #25 5/16/06 City of Nati . nal City, California COUNCIL AG NDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. 26 ITEM TITLE TEMPORARY USE PERMIT — ntegrity Charter School's Spring Festival at 125 Palm Ave. on June 2, 2006 from 4 p.m. to 8 p.m. with no aiver of fees. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This is a request from Integrity Charter School t. conduct the Spring Festival event at 125 Palm Ave. on June 2, 2006 from 4 p.m. to 8 p.m. This event ill feature food and game booths set up and run by parents of ICS students and is open to the community. The purpose of the event is to raise money for t e Integrity Charter School and serve as family entertainment. A waiver of fees is requested. The event and s.onsoring 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 Financial Statement The City has incurred $345.00 for processing the various City departments. STAFF RECOMMENDATION TUP through Approved By: Finance Director Account No. 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 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Integrity Charter School EVENT: Spring Festival DATE OF EVENT: June 2, 2006 TIME OF EVENT: 4 p.m. to 8 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: ENGINEERING NO CIP Projects in the event's vicinities anticipated as of event. However, please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. FIRE (619) 336-4550 1. Maintain Fire Department access at all times. 2. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and canopies placed together equaling or greater than the above stated areas, are to be used, they are to be flame- retardant treated and a permit form the Fire Department must be obtained. Permit fees are $349.00. Fees can only be waived by the City Council. 3. 2-A:10-B:C fire extinguisher required in cooking area. If grease or oil is being used or a byproduct a minimum of one 40:BC or Type K fire extinguisher will be required. 4. All canopies used in cooking areas are to be flame-retardant treated, with an approved State Fire Marshal seal attached. FINANCE (619) 336-4330 If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. Please renew the business license for 2006. Type of Event: Public Concert Parade _ Motion Picture Event Title: Event Location: Fair _ Demonstration Grand Opening', Xestival Community Event ircus _ Block Party Other flV�� to LWIc_Q i Event Date(s): From 1•JZ.ID? to 6 �L)Month/Day/Year Actual Event Hours:`t- 00ameo is a Setup/assembly/construction Date: Total Anticipated Attendance: (V Participants) ( Spectators) tart time:(-nUO\ Please describe the scope of your setup/assembly work (specific details): L9D efcz loocl{ . C &1lL rb l�5 Dismantle Date: 10/406 Completion Time: 10 00 am/63 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of dosing and day and time of reopening. Sponsoring Organization: For Profit ( Not -for -Profit Chief Officer of Organization, (Name) `jam_ Applicant (Name): `L ---' 1' d"- Ci yyl.1 L-2- Address: ! 2 m VR / PL. Daytime Phone: (ph) f 1Eveninq Phone:f(U)) i' ✓1l /' Fax: ()4 --C�1)7 Contact Person "on site" day of the event: c e—ti kbl.J fL CJ(1i t�<7< /L' r '��ar ee.r ��rr� rn( Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? VES_NO Are admission, entry, vendor or participant fees required? YES V/NO If YES, please explain the purpose and provide amount(s): $ IEstimated Gross Receipts including ticket, product and sponsorship sales from this event. $ v Estimated Expenses for this event. $ ODD 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. -Fuca ava i &Q_- 4tvik,- o f CL14 ► r uu' k oa r1 4I(tvo,v _ 1ur fcmcL5 -Foy 6k Ytar odAbv 1 cud ee ru a-5 -Ccu/ L LPJ'I W-btw�iv:ou$ . `fib YES NO If the event involves the sale of cars, will the cars come exclusively from National Cic dealers? If NO, list any additional dealers involved in the sale: 2 Please describe your procedures for both Crowd Control and Internal Security: Mt &mil 43kae 1,0111 a-V14t r PA. CAD I a.5 u.5W � eliiiAdv 44- 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: 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 Staffi g and Equipment. J UI -Y* cud aVa l lahLo Nl 41 * -ty-00 Please describe your Accessibility Plan for access at your event by individuals with disabilities: 146 -ijos LoiN2r/2, 4tObuta MLotte4 -64 Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: b1. 16LD.. /. 1(`-s,, 'Pfi I-e -r — YES)Z NO YES _ NO YES, NO %Q YES NO YES NO YES Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe:fbCa 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. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 4 Sizes tt, �4 b NOTE: A separate Fire Department permit is required for tents or canopies. 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: F4LQ do � �►� �►'�113 Jam' tee_ ok W-,- 13-tosc_fiiLlgZe, If you intend to cook food in the event area please specify the method: GAS /; ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Toilet Facilities Number of portab e . (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: a 1cittay Describe your plan for clean-up and removal of waste and garbage during and atter the event: &lean. btouv2A,—LO -. oufricio6u, 5 i -3cluzi d u,wi p Please describe your plans to notifyy allllresid nts, businesses and churches impacted by the event: L 5 / 0c etcbot�:1L of l) to l if NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES zC 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: Type of Music: YESNO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YESxNO 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: Number of Bands: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YESYESA NO Any signs, banners, decoratons, special lighting? If YES, please describe: Revised 10/3/01 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 insuranpe must be attached to this permit. Organization N/A 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 claims demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Dat LJt For Office Use Only Certificate of Insurance Approved Date REQUEST FOR 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 spo ring rgani tion tx 11,9 Type of Organization 11J i 6 &4i (Service Club, Church, Social Service Agency, etc.) a 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. t/No (Please proceed to Question 5) 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. -rtsr I i raI I h ,, %b,r . �. r �� ► . A Y2�VC rub pf„.bek-, 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: No (P lease sign the form and submit it with the TUP Application) -6414_ Signature CTj Dite 9 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. 27 ITEM TITLE TEMPORARY USE PERMIT - Impact Day Picnic - following a day of charity work at the Boys and Girls Club, Deloitte & Touche will hold a picnic in Kimball Park on June 9, 2006 from 12-7 p.m. with no waiver of fees. PREPARED BY DEPARTMENT Joe Olson, 336-4210 Building & Safety EXPLANATION This is a request from Deloitte & Touche to conduct the Impact Day event at Kimball Park on June 9, 2006 from 12 p.m. to 7 p.m. This event concludes a day of charity work by Deloitte & Touche employees at the Boys and Girls Club. Deloitte & Touche employees with then gather in Kimball Park for food and refreshments. The applicant requests the consumption of alcoholic beverages at the picnic. Alcoholic beverages are not allowed in the park per the Municipal Code. This event may impact Little League games scheduled from 3 p.m. to 7 p.m. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $345.00 for processing the TUP through various City departments, plus $349.00 for the Fire Permits, if needed. Total fees: $694.00 STAFF RECOMMENDATION 6t;fr-Metn-c-) Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and deny the consumption of alcoholic beverages in the park. Account No. 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 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Deloitte & Touche EVENT: Impact Day DATE OF EVENT: June 9, 2006 @ Kimball Park TIME OF EVENT: 12 p.m to 7 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: POLICE (619) 336-4400 Police Department recommends that the applicant provide a security plan to the Police Department for approval. The security plan must include information regarding crowd control plans, hours of operation, and emergency contact information for the on -site security personnel. A copy of the T.U.P. will be forwarded to the Watch Commanders for extra patrol of the event. Alcoholic beverages are not allowed in the park per the Municipal Code. ENGINEERING "D" Ave. will be resurfaced from E. 12th St. to E. 16th St. Please confirm with Engineering 3 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER (619) 336-4300 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on above policy. 3. Execute standard hold harmless with the City of National City. FIRE (619) 336-4550 1. Emergency access to be maintained at all times, into and through the park. 2. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). 3. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $349.00. Fees can only be waived by the City Council. 4. Provide a 2A:10BC fire extinguisher in cooking area. BUILDING & SAFETY (619) 336-4210 It is the applicant's responsibility to provide written notification to occupants of property adjacent to Kimball Park for an event. A written notification shall be provided to the Building & Safety Department for approval prior to mailing. A notification should be provided to the management at Morgan/Kimball Towers. Property occupants should be notified no less than 72 hours prior to the start of the set-up activities for the event. Type of Event: _ Public Concert Parade _ Motion Picture. _ Fair _ Festival Community Event _Demonstration Opening Circusoak Party _ Grand Opening ..Other a `o Event Title: .,.._1_- ('') i LA- it Event Location: \', tfe,t\` 6.1"-\K Event Date(s): From6/ ?/o (a to 6/1/ Month/Day/Year Actual Event Hours: la! 00am/pm to Total Anticipated Attendance: (^ ( Participants) ( Spectators) Setup/assembly/construction Date: 69/q/., Start time: Maoa Please describe the scope of your setup/assembly work (specific details): 1 G��aly .c C C.`)af`� Dismantle Date: Co/ /o(, Completion Time: ?; U U amI 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. K/A Sponsoring Organization: P,1,0A._. + . 10( Chief Officer of Organization (Name) E'_, Not -for -Profit Applicant (Name): -4 cAe. S\ v Mk., fAn Address: 7O ( "(I" ZA-f`eeA Sc 5; Fe-- N Oc_D Daytime Phone: (!rt`t) ,Rl7- 8 1-Evening Phone: It) 7ff d.q/y Fax: (GGY) Gt r 417,24 Contact Person "on site" day of the event: r \a,Le..._ K\. V 1-np•, Ce.^ Pager/Cellular: .52 v- t (- 17' 3 1 8 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 o For Profit Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES X. NO _ YES X NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 2SC7 O 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. Q210Ake_ emrl,te•s Iry o rk ai near 6, Bois G—r rL� Gov , 7 � rT l o y ecs (� li e /Sc` c2f i ti -4-Ve perk t,v ere hrn Pak IA.1`.1\ e < e t^ve o 64\.-(4.- 61-k- -0,e`0 k-Je._ _ 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: 2 YES _ NO Does the event Involve the sale or use of alcoholic beverages? YES X NO Will items or services be sold at the event? If yes, please describe: _ YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES 20O 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 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 evert 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 o�electricity ➢ Canopies or tent locations (include t nt/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: Please describe your procedures for both Crowd Control and Internal Security: N.9 /A- _ 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. k VA" Please describe your Accessibility\\Plan for access at your event by individuals with disabilities: l�90 k\ \ft vat_\ (,DAYh 6:SGi)0.V,\'ier Please provide a detailed description of your PA ING 30/c (s-?rls 4.41.has �� ion Gv �U�i0o rxu Please describe your plan for DISABLED PARKING: plan: C. IPi r / kiVOt-k 4 Please describe your plans to notify all residents, businesses and churches impacted by the e�R NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES XNO 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: Type of Music: Number of Bands: _ YES Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES X 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 08/10/05 5 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) 5cNo (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 Type of Organization (Service Club, Church, Social Service Agency, 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. 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: No (P lease sign the form and submit it with the TUP Application) -- �r / it log -talgnatureL Date 9 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. 28 ITEM TITLE TEMPORARY USE PERMIT — Sweetwater High Graduation, June 14, 2006, request to use the City's bleachers PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Sweetwater High School for the use of the City's bleachers at their graduation on June 14, 2006. A waiver of fees is requested. The High School qualifes for a waiver of fees, however, due to the current budget situation, staff is not recommending a waiver of fees. Environmental Review X N/A Financial Statement The City has incurred $45.00 for processing the TUP through various City departments plus $246.88 for Public Works Total = $291.88 Approved By: Finance Director Account No. STAFF RECOMMENDATION a Approve the Application for a Tempor se Permit subject to compliance with all conditions of approval and deny the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Application for a Temporary Use Permit Resolution No. A-200 (9/99) Type of Event: Public Concert Parade Motion Picture Fair Demonstration Grand Opening EventTitle: Sweetwater High Scho Event Location: 2900 Highland Ave . Event Date(s): From 49/Ato onth/Day/Year Actual Event Hours: 5 ameto 7 amCm Setup/assembly/construction Date: 4 13 -Di;, Start time: 7 am Please describe the scope of your setu 1 _ Festival _Community Event Circus. _ Block Party X Other' GRADUATION" 1 Graduation Ceremony •:i National City, CA (Football Field) Total Anticipated Attendance: 2 0 0 0+ ( Participants) ( X Spectators) /assembly work (specific details): c tP �� "� pwk r r:G . Dismantle Date: 4 -If-O4°Compl:tion Time: 3 am List any street(s) requiring closure as a result .f this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: Sweetwater Chief Officer of Organization (Name) NONE Union High School For Profit roic�g Not -for -Profit Applicant(Name): John Cherry, Assistant Principal Address: 2900 Highland Ave. National City, CA Daytime Phone: (619)474-4016 Evening Contact Person "on site" day of the event: EmaiUohn.cherry@suhsd.k12. Pa ca.us NOTE: THIS PERSON MUST BE IN ATTEN AND IMMEDIATELY AVAILABLE TO CITY hone(619 )475-8088 Fax: (4 ) 41 -f -3t{ $S ohn Cherry er/Cellular: (619) 985-8089 ANCE FOR THE DURATION OF THE EVENT FFICIALS 1 YES X NO Does the event involve the •ale or use of alcoholic beverages? YES X NO Will items or services be so d at the event? If yes, please describe: YES X NO Does the event involve a highways? If YES, attach a direction of travel, and prov X YES NO Does the event involve a fi showing all streets impacte YES X NO Does the event involve the Number of tent/canopies NOTE: A separate Fire De YES X NO Will the event involve the In addition to the route map required above, and set-up locations for the following items: > Alcoholic and Nonalcoholic Concessi > Food Concession and/or Food Prepa Please describe how food will be se If you intend to cook food in the even GAS ELECTRIC CH > Portable and/or Permanent Toilet Fa Number of portable toilets: applicant can show that there are fa during the event) *ON SITE ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source o > Canopies or tent locations (include t > Booths, exhibits, displays or enclosu > Scaffolding, bleachers, platforms, st ➢ Vehicles and/or trailers )> Other related event components not ➢ Trash containers and dumpsters (Note: You must properly dispose of event and immediately upon conclus condition.) Number of trash cans: Describe your plan for clean-up and removal 0n site custod oving route of any kind along streets, sidewalks or detailed map of your proposed route indicate the e a written narrative to explain your route. ed venue site? If YES, attach a detailed site map by the event. use of tents or canopies? If YES: Sizes artment permit is required for tents or canopies. se of the City stage or PA system? ease attach a diagram showing the overall layout n and/or Beer Garden areas. ation areas ed at the event: N/A area please specify the method: RCOAL OTHER (Specify): N/A ilities 1 for every 250 people is required, unless the lities in the immediate area available to the public FACILITIES AVAILABLE* electricity nt/canopy dimensions) es ges, grandstands or related structures overed above waste and garbage throughout the term of your ion of the event the area must be returned to a clean trash containers with lids: of waste and garbage during and after the event: ial service 3 Please describe yourprocedures for both Crowd Control and Internal Security: gt Police officers - Police Auxillary / Faculty will be in attendance YES X 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 X 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: Twilight - if necessary. Stadium lights will be lit. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Police's fire units will be on site. Please describe your Accessibility Plan for access at your event by individuals with disabilities: All seating area have ramps for Handicapped Access Please provide a detailed description of your PARKING plan: 2 parking lots on 30th St + Street parking along 30th street and Highland Ave. Additional parking on 28th street. Please describe your plan for DISABLED PARKING: Handicapped Parking is clearly marked in lots and on street. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: The graduation has been publicized in the marquees on Highland Ave. in front of the school. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X 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: 1 Number of Bands: 1 Type of Music: Traditional Graduation Music by SUHI Band X YES _ NO Will sound amplification be Used? If YES, please indicate: Start time: 6 Finish Time am X YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 5 : 30 a ((� Finish Time 5 : 45 am pm Please describe the sound equipment that will be used for your event: Medium Sized Amplifiers & Speakers X YES _ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: A display lasting approximately 10 minutes immediately after the Graduation Ceremony _ YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 Event: For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes Vote: Kathleen Trees, Director Building 8, 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 includ s the City, its officials, agents and employees named as additional insured- nd to sign the Hold Harmless Agreement. Certificate of insurance musi be attached to this permit. Organization N/A i_ 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 its officers, employees and agents from and against any nd all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorn ys fees and the costs of litigation, arising out of or related to the use of public p operty or the activity taken under the permit by the permittee Is a ts, emplo ees or contractors. Signature Ap Assis ant licant Principal - Studen'. Activities Official le Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet t e 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? x 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 Sweetwater High School Type of Organization School (Service Club, Church, Social Service Agency, 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) x 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: No (P lease sign the form and submit it with the TUP Application) 9 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. 29 ITEM TITLE TEMPORARY USE PERMIT — Lions Club Annual Independence Day Carnival/International Parade & Fair at Kimball Park from June 29, 2006 to July 4, 2006 with no waiver of fees. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This is a request from the National City Host Lions Club to conduct the 62nd Annual Independence Day Carnival and International Parade & Fair at Kimball Park from June 29, 2006 to July 4, 2006. The carnival's hours are as follows: June 30, 5-11 p.m.; July 1-3, 1-11 p.m.; July 4, 12 p.m. to 12 midnight. The parade occurs on July 1st from 5 a.m. to 1 p.m. The fair's hours are 6 a.m. to 5 p.m. The carnival will include rides, food booths, bands, contests, and a fire works display. The applicant requests the use of the City's stage for the carnival. The parade is scheduled for July 1, 2006. The staging area will require a street closure on 28th St. from F Ave. to Highland Ave., 24th St. from F Ave. to J Ave., and Highland Ave. from 28th St. to 14th St. D Ave will also be closed from 12th St. to the park entrance. The parade will proceed north from 28th and Highland to 14th and Highland, bearing west to arrive at Kimball Park. The street closure will be necessary between 6 a.m. and 11:59 a.m. 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 Financial Statement Approved By: The City has incurred $345.00 for processing the TUP through various City depai tments, Finance Director plus $1049.00 for the Fire Permits, $50.00 for Finance (not including $2500.00 Bond), $18,837.00 for Public Works, and additional police personnel fees. Account No. Total Fees are estimated at $20,281.00. STAFF RECOMMENDATION Approve the Application for a Temporar with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A se Permit subject to compliance with all conditions of approval ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Lions Club EVENT: Annual Independence Day Carnival/Int'I Parade & Fair DATE OF EVENT: June 29, 2006 to July 4, 2006 TIME OF EVENT: June 30, 5-11 p.m. July 1-3,1-11 p.m. July 4, 12 p.m. —12 a.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: POLICE (619) 336-4400 Applicant will have to coordinate International Parade event with the Traffic Division and Public Works. P.D. will provide security staffing for the event on an overtime basis and requests full cost recovery for police personnel. Copies of TUP forwarded to Commands and Watch Commanders for planning and staffing preparation. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FIRE (619) 336-4550 1. Fire Department Permit is required for the fireworks display. Permit to be requested and all necessary information provided to the Fire Department a minimum of 14 days prior to the event. Permit fee is three hundred forty nine (349.00) dollars. Fees can only be waived by the City Council. Minimum of two, 2A:10BC fire extinguishers required. 2. Fireworks display operations shall be under the direct supervision of a pyrotechnic operator. Pyrotechnic operator shall possess a valid pyrotechnic operator license. 3. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Depaitiuent must be obtained. Permit fee is three hundred and forty nine (349.00) dollars. Fees can only be waived by the City Council. 4. Fire Department Permit is required to operate a carnival. Permit fee is three hundred forty nine (349.00) dollars. Fees can only be waived by the City Council. 5. All cooking booths to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 6. Provide metal cans with leads and label "HOT COALS ONLY" for used charcoal disposal. 7. A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival. Inspection to include all rides, cooking area, game booths, etc. 8. Fire safety inspection is to be conducted by the Fire Department of the designated fireworks display area prior to display being conducted. 9. Fire Department access into and through the booth areas are to be maintained at all times. 10. Access to Morgan and Kimball Towers to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 11. Fire Hydrants shall not be blocked or obstructed. 12. Site map indicating access points, booth layout, fireworks display area and fireworks fallout area is required. 13. Parade participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). Vehicles in the parade are to pull immediately to the right upon approach of emergency vehicle(s). 14. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred (100) dollars. FINANCE (619) 336-4330 1. A $2,500.00 Bond and a $50.00 Inspection Fee are required for a Carnival or Circus, which has to be paid at least two (2) weeks prior to the start date of the event. 2. 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. 3. 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. ENGINEERING "D" Ave. will be resurfaced from E. 12th St. to E. 16th St. Please confirm with Engineering 3 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. Call Engineering Dept. at least 72 hours prior to the event for any necessary coordination with the contractors during construction. Please contact Charles at 619-336-4380. RISK MANAGER (619) 336-4300 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on above policy. 3. Execute standard hold harmless with the City of National City (done). PUBLIC WORKS 336-4580 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 $5,632.00. Parks Division 1. The event organizers shall provide nighttime security for the park and City equipment for the duration of the event. 2. The event organizers shall provide a trash dumpster for the event. 3. The event organizers shall provide 20 portable toilets. 4. The cost to provide Park Maintenance personnel for these events is estimated to be $7,870.00. Facilities Maintenance Division: 1. Facilities to provide utilities services for booths (electricity, gas, water and sewer). Cost is estimated to be $1,705.00. Booth rental will be $3,630.00 Total Fees for Public Works are $18,837.00. BUILDING & SAFETY (619) 336-4210 It is the applicant's responsibility to provide written notification to occupants of property adjacent to Kimball Park for an event. A written notification shall be provided to the Building & Safety Department for approval prior to mailing. A notification should be provided to the management at Morgan/Kimball Towers. Property occupants should be notified no less than 72 hours prior to the start of the set-up activities for the event. EVENT INFORMATION Type of Event: Public Concert _ Fair Festival _ Community Event Parade _ Demonstration Circus _ Block Party Motion Picture Grand Opening XX Other Carnival Event Title: National City Host Lions Club 62'4 Annual rndependence Day Carnival Event Location: Kimball Park Event Date(s): From 6/29/06 to 7/4/06 Total Anticipated Attendance: 15,000 n,,nthiory/YE�r (1,000 Participants) (14,000 Spectators) Actual Event Hours: Jun 30, from 5pm to 11pm Jul 1, from 1pm to 11pm Jul 2, from Arm to ,11pm Jul 3, from 113m to 11pm Jul 4, from l2pm to 12pm Setup/assembly/construction Date: 6/26/06 Start time: 7:00am Please describe the scope of your setup/assembly work Set-up carnival rides and booths, set-up of food and deli booths, move in stage, setup and fence off fire works area and move in additional dumpster and port -a -potties Dismantle Date: 7/5/06 Completion Time: 8:00am 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. We will need to close D Avenue from 12`h Street to the entrance to the park parking lot, Closure will be from 8:am June 26b1 to 10:00 Ju1y 5tih . APPLICANT AND SPONSORING ORGANIZATION INFORMATION Sponsoring Organization: National City Host Lions Club For Profit XX Not -for -Profit Chief Officer. of Organization (Name) Applicant (Name): John Kirk Address: 311 East tad Street, National City, CA 91950 Cell: (619)306-2911 Day: (619)477-5532 Res: (619)474-4483 Fax: (619)474-4483 E-mail: jrkirkus@cox.net Contact Person "on site" day of the event: Cecilia Kirk Cell: (619) 517-8728 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IM4EDIATELY AVAILABLE TO CITY OFFICIALS -1- FEES / PROCEEDS /REPORTING Is your organization a'"Tax Exempt, nonprofit" organization? XX YES NO Are admission, entry, vendor or participant fees required? If YES, please deli booths, $35,000.00 $20,000.00 $15,000.00 XX YES NO explain the purpose and provide amount(s): Venders rent kitchen and rent is free to $300.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organiza- tion will receive as a result of this event? OVERALL EVENT DESCRIPTION ROUTE MAP/SITE DIAGRAM/SANITATION 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. National City Host Lions Club will sponsor the annual. Inde- pendence Day Carnival and Fire works in Kimball Park from Thursday June 29th through July 4th. This event will include: Carnival rides Carnival games Food booths The Blood mobile Diabetes screening Talent show Watermelon eating contest Youth activities Community displays Fire works display Bands and other amateur and professional entertainment. XX YES _ NO If the event involves the sale of cars, will the cars come exclu- sively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 OVERALL EVENT DE YES XX NO Does the event involve the XX YES _ NO Will items or services be s Carnival rides & YES XX NO Does the event involve a mo sidewalks or highways? If Y route indicate the directio: narrative to explain your r XX YES _ NO Does the event involve a fi site map showing all street XX YES _ NO Does the event involve the L Number of tent/canopies 3 NOTE: A separate Fire Depar canopies. CRI PT I ON CONTINUED ale or use of alcoholic beverages? ld at the event? If yes, please describe: s and food booths ing route of ,any kind along streets, S, attach a detailed map of your proposed of travel, and provide a written ute. ed venue site? If YES, attach a detailed impacted by the event. se of tents or canopies? If YES: Sizes 8' X 12' & 15' x 15' ent permit is required for tents or XX YES _ NO Will the event involve the use of the City stage or PA system? Both in addition to the route map required abo e, please attach a diagram showing the overall layout and set-up locations for t! e following items: * Alcoholic and Nonalcoholic Concess * Food Concession and/or Food Prepar- Please describe how food will be s be run by local non profi youth and civic organizat on and/or Beer Garden areas. tion areas rved at the event: Food booths will organizations,ie churches, ons and service clubs If you intend to cook food in the vent area please specify the method: XX_ GAS ELECTRIC XX CHARCO L OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: 16 (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) 15 regular , one H/C, and two wash stations Tables and Chairs Fencing, barriers and/or * Generator locations and/or source o: * Canopies or tent locations (include * Booths, exhibits, displays or enclo * Scaffolding, bleachers, platforms, * Vehicles and/or trailers * Other related event components * Trash containers and dumpsters barricades not (Note: You must properly dis term of your event and immedi area must be returned to a cl Number of trash cans: 20 Trash co Describe your plan for clean-up and remove: the event: A 40 c/y dumpster rented by NCH lot. We will have 3 to 5 persons picking u electricity tent/canopy dimensions) ures tages, grandstands or related structures overed above ose of waste and garbage throughout the ately upon conclusion of the event the can condition.) tainers with lids: 0 of waste and garbage during and after C will be located in the west parking trash and emptying trash cans. SAFETY/SECURITY/ACCESSIBILITY Please describe your procedures for both Crowd Control and Internal Security: Security Plan will be by NCPD, utilizing the Senior Volunteers, the Police Explorers and reserve police. XX YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: To be determined as required by the security plan Security Organization Address: Security Director (Name): Phone: XX 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: Park lights and lights from the carnival rides and booths. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. We will utilize 911 if an emergency occurs. For minor cuts and bruises we will have first aid kits at the Lions Train and at the carnival office. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Park grounds and sidewalks. There will an additional H/C toilet in addition to the park rest rooms. PARKING PLAN/MITIGATION OF IMPACT Please provide a detailed description of your PARKING plan: We will utilize existing street and nearby public parking lots. Please describe your plan for DISABLED PARKING: We will utilize the handicap parking spaces at the towers and the public parking lots. 4 PARKING PLAN/MI IGATION OF IMPACT Please describe your plans to notify all residents, businesses and churches impacted by the event: Notification letters will be s=nt to all businesses and residents in the park area. NOTE: Neighborhood residents must be not'fied 72 hours in advance when events are scheduled in the City parks. ENTERTAINMENT / TTRACTIONS AND RELATED E T ACTIVITIES XX YES _ NO Are there any musical enter ainment features related to your event? If YES, please state the n .er of stages, number of bands and type of music. Number of Stages: 1 Number of ands: Unknown at this time Type of Music: Various XX YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 10:00 am F nish Time 6: 00 �m YES XX NO Will sound checks be conduc ed prior to the event? If YES, please indicate: Start time: am/.m Finish Time am/pm Please describe the sound equipment that will be used for your event: City owned stage, with city and private sound systems XX YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: Independence Day fire works on the 4th of July starting at 9:00pm fo about 20 minutes, one of the best fire works in th- county!! XX YES NO Any signs, banners, decorati ns, special lighting? If YES, please describe: Carnival area and boo patriotic manner. We and/or light standard campaign. Revised 08/10/05 s will be decorated in a y employ street banners banners in our advertising City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMN I FICATION 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 National City Host Lions Club Person in Charge of Activity John Kirk Address 312 East 2nd Street, National City, CA 91950 Telephone (619) 474-4483 cell: (619) 306-2911 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 claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant _Event Chairperson Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered or a waiver. If you would like to request a waiver of the processing fees, lease complete the questionnaire below. 1. Is the event for which the TUP is Sought sponsored by a non-profit organization? XXX 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 organizatio : Rational City Host Lions Club Type of Organization: ervice club (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income', or proceeds t the sponsoring organization? XXX 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 t e city, and who is in dire financial need due to health reasons or a de th in the family? Yes (Please provide an explanationand details. XXX 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. XXX 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? XXX Yes (Please provide an explanation and details. Any profits from this event will be donated to various National City organizations and programs 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: XXX No (P lease sign the form and submit it with the TUP Application) Signature Date 9 ti Type of Event: _ Public Concert XX Parade Motion Picture EVENT I XX Fair _ Demonstration Grand Opening FORMATION Festival _ Community Event _ Circus _ Block Party Other Event Title: National City Internationa Parade and Fair Event Location: The parade will run on ighland Ave. from 24" to 14th to Kimball Park, The Fair will be in Kimball park Event Date(s): From 7/1/06 to 7/1/06 T.ta1 Anticipated Attendance: 5,000 Month/Day/Year (1,000 Participants) (4,000 Spectators) Actual Event Hours: Parade will run f om 5:00am to 1:00pm Fair will run fr.,' 6:00am to 5:00pm Setup/assembly/construction Date: 6/3 / O �6 Start time: 7:00am Please describe the scope of 'your setup/ Fair will use the stage and restro Host Lins Club, Parade will move in along the parade route. Dismantle Date: 7/2/06 Completion Time: removed until 7/3/06 morning List any street(s) requiring closure as name(s), day and time of closing and day Staging area: close on 7/1 from 6:00 highland Ave, 24" St from F Ave to 24th St. Parade route: close on 7/1 from 10:3 St to 14th St, 14" St from Highland t entrance to the park parking lot We will also be using the Senior Cen APPLICANT ORGANIZATIO Sponsoring Organization: National City Chief Officer of Organization (Name) ssembiy work Set-up exhibition booths. facilities with the National City ort-a-potties and announcer stations 8:00pm, port -a -potties may not be result of this event. Include street and time of reopening. to 11:59am, 28th St from F Ave to Ave and Highland Ave from 28" St to am to 12:30pm,Highland Ave from 28t° D Ave, D Ave from 12" St to the er parking lot as a staging area SPONSORING INFORMATION ost Lions Club For Profit XX Not -for -Profit Applicant (Name): John Kirk Address: 311 East 2'd Street, National City, CA 91950 Cell:(619)306-2911 Day:(619)477-5532 R s: (619)474-4483 Fax:(619)474-4483 Contact Person "on site" day of the event: John Kirk E-mail: j rk i rk u s @cox .net Pager/Cellular: (619) 306-2911 NOTE: THIS PERSON MUST BE IN ATTENDANIE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIA S FEES/PROCEEDS/REPORTING Is your organization a "Tax Exempt, nonprofit" organization? XX YES NO Are admission, entry, vendor or participant fees required? XX YES NO If YES, please explain the purpose and provide amount(s): Venders and exhibitors will rent booths and spaces for various prices. $30,000.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $30,000.00 Estimated Expenses for this event. $0.00 What is the projected amount of revenue that the Nonprofit Organiza- tion will receive as a result of this event? OVERALL EVENT DESCRIPTION ROUTE MAP/SITE DIAGRAM/SANITATION 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. National City Host Lions Club will sponsor the annual National City International Parade and Fair on Saturday July 1st. The Parade will start 24th St. and Highland Ave. at 11:OOam and proceed to Kimball Park. The fair will start immediately fol- lowing the Parade and will run until 6:OOpm The parade will consist of celebrities, marching units, bands, floats, service clubs and just plain people. The fair will include: Food booths The Blood mobile Diabetes screening Community displays Various rides games and activities for the children and a Talent show which will have Bands, dancers and other amateur and profes- sional entertainment. XX YES NO If the event involves the sale of cars, will the cars come exclu- sively from National City car dealers? If NO, list any additional dealers involved in the sale: National City Mile of cars will be invited to display vehicles at the fair 2 OVERALL EVENT DESCRIPTION CONTINUED YES XX NO Does the event involve the sale or use of alcoholic beverages? XX YES _ NO Will items or services be sold at the event? If yes, please describe: Food, arts and crafts %X 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. XX YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. XX YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 70 Sizes 8' 1 12' NOTE: A separate Fire Department permit is required for tents or canopies. XR YES _ NO Will the event involve the use of the City stage or PA system? Both 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: Food booths will by run by local non-profit organizations,ie churches, youth and civic organizations and service clubs If you intend to cook food in the event area please specify the method: XX GAS ELECTRIC XX CHARCOAL OTHER (Specify): * Portable and/or Permanent Toilet Facilities Number of portable toilets: 10 (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) 10 regular , one H/C, and two wash stations * 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: 20 Trash containers with lids: 0 Describe your plan for clean-up and removal of waste and garbage during and after the event: A 40 c/y dumpster rented,by NCHLC will be located in the west parking lot. We will have 3 to 5 persons picking', up trash and emptying trash cans. 3 SAFETY/SECURITY/ACCESSIBILITY Please describe your procedures for both Crowd Control and Internal Security: Security Plan will be by NGPD, utilizing the Senior Volunteers, the Police Explorers and reserve police. _ 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 XX 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. AMR will have an ambulence with paramedics at anowncer station #2 during the parade and Amr and Paradise Valley Hospital wi1.I have booths at the fair. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Park grounds and sidewalks. There will an additional H/C toilet in addition to the park rest rooms. PARKING PLAN/MITIGATION OF IMPACT Please provide a detailed description of your PARKING plan: We will utilize existing street and nearby public parking lots. Please describe your plan for DISABLED PARKING: We will utilize the handicap parking spaces at the towers and the public parking lots. - 1 - PARKING PLAN/MITIGATION OF IMPACT Please describe your plans to notify all residents, businesses and churches impacted by the event: Notification letters will be sent to all businesses and residents in the park area and along the parade route NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ENTERTAINMENT/ATTRACTIONS AND RELATED EVENT ACTIVITIES XX 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: 1 Number of Bands: Unknown at this time Type of Music: Various XX YES _ NO Will sound amplification be used? If YES, please indicate: Start time: _10:00 am Finish Time 6:00 Start time: am/pm Finish Time am/pm YES XX 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: City owned stage, with city and private sound systems YES XX NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: XX YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Fair area and booths will be decorated in a festive manner. We may employ street banners and/or light standard banners in our advertising campaign. 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 City of Na ional City PUBLIC PROPERTY US HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combine.' single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insuted a . to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization National City Host Lions Club Person in Charge of Activity John K'rk Address 311 East 2nd Street, Nat oral City, CA 91950 Telephone _ (619) 474-4483 Cell: (619) 306-2911 HOLD HARMLE As a condition of the issuance of a temp on public or private property, the under indemnify and hold harmless the City of and its officers, employees and agents f demands, costs, losses, liability or, fo damage, or both, or any litigation and o and the costs of litigation, arising out of the activity taken under the permit by the p contractors. Date(s) of Use S AGREEMENT rary use permit to conduct its activities igned hereby agree(s) to defend, ational City and the Parking Authority om and against any and all claims, any personal injury, death or property her liability, including attorneys fees r related to the use of public property or rmittee or its agents, employees or Signature of Applicant _Event Chairperson Official Title Date For Office Use Only Certificate of Insurance Approved Date REQUEST FOR A WAIVER OF 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? XXX 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: National City Host Lions Club Type of Organization: Service club (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? XXX Yes (Please proceed to Question 4) No (Please signthe 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. XXX 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. XEC 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 Kwanis, Rotary, Lions, Boys and Girls Club? XXX Yes (Please provide an explanation and details. Any profits from this event will be donated to various National City organizations and programs 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: XOC No (P lease sign the form and submit it with the TUP Application) Signature 9 Date City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. 30 ITEM TITLE TEMPORARY USE PERMIT — National School District Professional Growth Day at Kim Park on August 14, 2006 with no waiver of fees PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the National School District to conduct the Professional Growth Day event at Kimball Park on August 14, 2006. The event is a barbeque picnic for the teachers and staff who participated in the Professional Growth Day. 500 people are expected to attend the event. 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 Financial Statement The City has incurred $345.00 for processing the TUP through various City departments. Approved By: Finance Director Account No. STAFF RECOMMENDATION ascx: 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 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National School District EVENT: Professional Growth Day DATE OF EVENT: August 14, 2006 TIME OF EVENT: 11 a.m. to 3 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: POLICE (619) 336-4400 No security staff necessary or police assistance required. Copies of the TUP will be provided to Watch Commanders for extra patrol of the event. ENGINEERING No CIF Projects in the event's'vicinity anticipated as of date. Please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. PUBLIC WORKS 619-336-4580 The event organizers shall clean up after the event. No overtime will be required. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER (619) 336-4300 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on above policy. 3. Execute standard hold harmless with the City of National City. FIRE (619) 336-4550 1. Emergency access to be maintained at all times, into and through the park. 2. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). 3. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $349.00. Fees can only be waived by the City Council. 4. Provide a 2A:10BC fire extinguisher in barbecuing area. BUILDING & SAFETY (619) 336-4210 It is the applicant's responsibility to provide written notification to occupants of property adjacent to Kimball Park for an event. A written notification shall be provided to the Building & Safety Department for approval prior to mailing. A notification should be provided to the management at Morgan/Kimball Towers. Property occupants should be notified no less than 72 hours prior to the start of the set-up activities for the event. Applicant (Name): Address: ttes-ltws edit Ce10 U- 336-i-7So Type of Event: _ Public Concert _ Fair _ Festival _ Community Event Parade _ Demonstration _ Circus _ Block Party _ Motion Picture _ Grand Opening y Other egiv b C Cu C... Event Title: Ahl-fo 4 SCIt00r/ %3(s1vicf /'vOtcssunnu4 6-vot.6-I-I1 Event Location: )Cl WI %u I I 1$ v k Event Date(s): From A.4 f / q to `{1 onthIDay/Year Actual Event Hours: I I pm to 3 Total Anticipated Attendance: 3 o ( 7C Participants) (_Spectators) Setup assembly/construction Date: 413 14 Start time: II C! tv) Please describe the scope of your(jetup/�ssembly work (specific details): b v b PCN P/ �ctbl-Ps dAatvs, -Food + dvivtks Dismantle Date: At.{G( / '1 Completion Time: 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. I tit(2-- 3 Sponsoring Organization: /UR 4- Ian4 5,k0 0 i oi54 viC+ For Profit ) Not -for -Profit Chief Officer of Organization (Name) f i LPv\ Cu v -h 0 / ti'oo /l Aucv+tu_ Daytime Phone: (6("I) 34 7 1 vening Phone: ( ) Fax: (_) Contact Person "on site" day of the event: r' I i t�V\ ctt v 1 i V\ Pager/Cellular: rp(q_-733-(o Ob NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 a ' Is your organization a "Tax Exempt, nonprofit" organization? %LYES _ NO Are admission, entry, vendor or participant fees required? _ YES NO If YES, please explain the purpose and provide amount(s): $ `-- Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 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. SQr becu -e_ 191(0/ L. A v 6u, 4 eockevS 54 i u pydl-Pss io14 - 6v0.'4 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: pU/ a- 2 _ YES ANO Does the event involve th sale or use of alcoholic beverages? YES NO Will items or services be •old at the event? If yes, please describe: YES NO Does the event involve . 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 pr.vide a written narrative to explain your route. _ YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impact-d by the event. _ YES 1NO 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 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 s cify 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 — U ",\\ A Fencing, barriers and/or barricades > Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) v5"" ` "' "Uk ➢ Booths, exhibits, displays or enclosu es A. Scaffolding, bleachers, platforms, stages, grandstands or related structures A Vehicles and/or trailers A Other related event components not covered above A 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: 1 Q Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: our s� -Ives h to w i I I CI -ea 4 p d u v :54 tkr-f e Will 1-f e- Li0 v ��ll�� VCt5L'\ ,\s, 3 Please describe your procedures for both Crowd Control and Internal Security: N6Y1 £ _ YES Y_ 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 4, 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. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailedrdescription of your PARKING plan: Pa vkn, I `i .S-� v P f f Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all resid event: niA nts,.businesses and churches impacted by the NOTE: Neighborhood residents must be scheduled in the City parks. _YES NO otifled 72 hours in advance when events are 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: Type of Music: YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES 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: Number of Bands: YES )(NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES / NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 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 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 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 claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved 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? X 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 AkA 4 l oh 4 J $ f ;s -) r 1 c-t' Type of Organization (Service Club, Church, Social Service Agency, 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. &ch-a'6e No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the ge eration of sales tax? Yes (Please provide a 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? Sign Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. 31 ITEM TITLE TEMPORARY USE PERMIT —American Cancer Society's National City Relay for Life at Kimball Park from August 19-20, 2006 with no waiver of fees. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This is a request from the American Cancer Society to conduct the National City Relay for Life event at Kimball Park from August 19-20, 2006. This event is a 24-hour walking relay that starts at 10 a.m. on August 19 and concludes at 10 a.m. on August 20. This relay will raise money for the fight against cancer. During the event there will be entertainment and activities. The applicant is requesting the use of the City stage. Per City Council Policy #802, the stage may only be used at City sponsored events unless waived by City Council. City Council Policy requires 6 weeks between major events in the park. The National City Auto Heritage Days event is scheduled for August 6. This requirement can be waived by the City Council. 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 Financial Statement The City has incurred $345.00 for processing the TUP through various City departments, plus $528.74 for Public Works. Total fees are $873.74. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use P 7unit subject to compliance all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Peru lit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: American Cancer Society, CA Division, Inc. EVENT: National City Relay For Life DATE OF EVENT: August 19-20, 2006 TIME OF EVENT: 10 a.m. (8/19) to 10 a.m. (8/20) APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ ] NO [ x ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: POLICE (619) 336-4400 Police Department recommends that the applicant hire a private security firm for general security and crowd control. Security company must submit a security plan, which includes emergency contact information and phone numbers for on -site security personnel as well as a security plan for crowd control. A copy of the T.U.P. will be forwarded to the Watch Commanders for extra patrol of the event. ENGINEERING No CIP Projects in the event's vicinity anticipated as of date. Please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER (619) 336-4300 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on above policy. 3. Execute standard hold harmless with the City of National City. FIRE (619) 336-4550 1. Emergency access to be maintained at all times, into and through the park. 2. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). 3. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $349.00. Fees can only be waived by the City Council. 4. Provide a 2A:10BC fire extinguisher so located to have a travel distance not to exceed 75 feet. 5. Provide a site map reflecting the lay out of the event. Placement of canopies/tents, exit pathways, etc. 6. First aid station to be provided and equipped. First aid station to be staffed by personnel trained at a minimum level of Advance First Aid. FINANCE (619) 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. . 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.) PUBLIC WORKS 619-336-4580 • • 1. 2. 3. Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends denial due to the reasons described below. The applicant is requesting the use of the City stage. However, the sponsor of this event is not a National City recognized organization. Council Policy #802 (copy attached) requires that in such instances, Council must waive this requirement in order to authorize the use of the City stage. Therefore, unless the City Council waives said policy, the stage will not be provided for this event. Council Policy #704 (copy attached) limits events to one every six weeks to allow the lawn to rejuvenate. It should be noted that Auto Heritage Days has been approved two weeks prior to this event. Nevertheless, should Council opt to waive the aforementioned polices and approve the TUP, staff would impose the following conditions: The event organizers shall provide nighttime security for the park and City equipment for the duration of the event. The event organizers shall provide 3 portable toilets. The cost to provide park maintenance personnel for this event is estimated to be $528.74. BUILDING & SAFETY (619) 336-4210 It is the applicant's responsibility to provide written notification to occupants of property adjacent to Kimbal Park for an event. A written notification shall be provided to the Building & Safety Department for approval prior to mailing. A notification should be provided to the management at Morgan/Kimball Towers. Property occupants should be notified no less than 72 hours prior to the start of the set-up activities for the event. Type of Event: _ Public Concert Parade Motion Picture Fair Demonstration Grand Opening Festival Circus Other Community Event — Block Party Event Title: A,vtERIc/t,.J C/WC&IR• 5oc/if-Ty z NA-T-N,JAc ct7y leELAY • 4FC Event Location: 4/MIALL pa* Event Date(s): From $-11.-0(e to 8-Zo -04 Total Anticipated Attendance: 400 Month/nay/Year (300 Participants) ( /00 Spectators) Actual Event Hours: /0 (3/pm to /0 Ot/pm Setup/assembly/construction Date: 8-18 • tC Start time: /'0Opr. Please describe the scope of your setup/assembly work (specific details): 5E1 UP gA6E , TEN i 5 AA, Otn/OP/ES , 560/3D Sy 5TE M AND `Tt?hcii FAe I AE 2EC.hy Dismantle Date: 6-Zo-o4 Completion Time: /'UC a (� List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: AM tCAloCiWCER. CA D,v/S,I 1S,t.c For Profit ✓Not -for -Profit Chief Officer of Organization (Name) Oh,//o V )EZ,,g,»6 -Cco 5I-EvE ,'c6. v.p . Applicant (Name): T/M FgAA/CE Address: Z4-55 C/1-M/n/0 DEL ;el o ,VAN / 5it . /00 5411/4Jt7)E66,la/ of Daytime Phone: (G/9) GQ1--7VVZ3 Evening Phone: ( ) Fax: 4/9)-13- 33ty Contact Person "on site" day of the event: 1 ✓Nt Fi 4 o t Pager/Cellular: �/q r�17 7t / ? NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? 1/YES NO /YES NO If YES, please explain the purpose and provide arnount(s): 'TEAM g66l 5-VA r-/DA) FEE /3 S/vo DOD Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ `,�, OOQ Estimated Expenses for this event. $ 4B, 0o0 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. gELAy Foie LIFE /S A COMMJNtTy orrtiER /4 6 wt-ItRE EvaeytrJC tP f2 c / P/A T e THE F e /-61IN5 Crt Cc7e , E't»i 3 o R PEOPLE C/tma At1T ,ln/D TAeCTL42,0,5 to/tabooAgoon)D /i7Ritc4. Perthys /t /tN OVER N6HT Et/EsJr „tit - th Jgs LEX)c r . Th2o 6ttck)z 1 62- -y 7710E/S aPiAtAJAIDur ,f;v ACT f v/T! E3 -sae -P,>t i c,PA,' 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: 1 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 t/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 V NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. i/ YES NO Does the event involve the use of tents or canopies? rlf YES: Number of tent/canopies 4- 8 Sizes /0`)% /0 - /v' K Z c) NOTE: A separate Fire Department permit is required for tents or canopies. ✓ YES 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: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: 3 (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, stcges, 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 dean condition.) Number of [rash cans: /O Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: ACS STAFF !4iJD \[Orri ri-E .,ES /)cC5%cy05/BLE fig c'CC. -op 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? VYes (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 Ad192/c0N cANCEIZ SoCiETY( CA- Z.A/f /on)ZNc Type of Organization VOu-KITEFJ + t-i H ceG (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization?an ►/ 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? ✓/Yeps (Please provide an explanation and details. A Pog7/0,0 or P r-E,7 f7?c»i "/ I%/S EVE -Air w/i - G/ll �/%/17�� % t1 k I /C)r ,Ac i iv/ i i&$ 4 PPOOR-rtv1s oFYC) cOC4c 1¢c5 `FF7CE" WNiCtt PiPot/ivc::s- AlY,ScV/CE-.5 z 77 AS(D�NT5o/A(') l44UAL c No (Please proceed to Question 5) 5. Will the Pr, s s s ;aide erect financial benefit to city government > `eh a he generation ,of sales tax? pride ariexplanation and details. I./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. i-/No (Please proceed to Question 7) 7. Will the proceeds provide a 1irect 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: t/ No (P lease sign the form and submit it with the TUP 9 CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4220 Fax: (619) 336-4327 E-mail: attorney ci.national-citv.ca.us TEMPORARY USE PERMIT APPLICATION APPROVAL SPONSOR: American Cancer Soc'ety EVENT: National City Relay for Life DATE: August 19-20, 2006 ******************************************************************************************** DEPARTMENT: City Attorney Approved: dYes ❑ No Elf this box is checked, the following conditions of approval are required. Specific conditions of approval: Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. Date: April 12, 2006 Approved by: f�, n ' ,t GEORGE H. EISER, III City Attorney For Office Event: NC- 1,r- Ise OnCy L i Pe Department 1-y 14 1 Ki fA Date Approved? Yes No , 0150,dpj/ Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Please describe your plans to notify all residents, businesses and churches impacted by the event: ► itt s .D LeirE6Z Na i 1FypO6 4 . ,ef 5 rPW7S *iD c�J5 S&s �1�fi o gy i N/ EVc` O ;'. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ✓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: 3 - J Type of Music: F2iDN l ty O , f C `' YES NO Will sound amplification be used? If YES, please indicate: Start time: /0 (artxpm Finish Time / a 1 YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am 'pm Finish Time `v ar /pm Please describe the sound equipment that will be used for your event: _ YES t/NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: /YES NO Any signs, banners, decorations, special lighting? If YES, please describe: !l7/QE e /OAJR t S1 Ort)4 (it- AWL? A -CS h/U/1)0e - S J 6 t� S Revised 08/10/05 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. 32 ITEM TITLE Request to Initiate a Street Vacation for the Closing of that Portion of 7th Street, west of Arcadia Avenue and east of Burden Drive (Applicant: Michael Parich, Generations, LLC) (Case file no. SC- 2006-1) PREPARED BY EXPLANATION DEPARTMENT Angela Reeder, 336-4310 Planning Paradise Valley Hospital is in the process of developing a retirement community on their property between the current hospital and San Diego Academy, and between 4th Street and 8th Street. As their plan for the senior project includes property on both the north and south sides of 7th Street, they have submitted the attached application to vacate that one -block portion of 7th Street between Burden Drive and Arcadia Avenue. The first step in the City Street Vacation process is for the City Council to Initiate the requested vacation proceedings and schedule a date to hold a public hearing on the item. The Council will be presented with a full report and analysis by Planning Department staff, as well as a Planning Commission recommendation, at the scheduled Public Hearing. While the larger senior housing project is still being processed, it will also come before Council for a public hearing at a later date. Due to the requirement for a Planning Commission hearing and the upcoming schedule of the Council, the earliest agenda that would satisfy City scheduling requirements is July 18, 2006. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends the attached street vacation be initiated and a public hearing be scheduled for July 18, 2006. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Application 2. Applicant's Plans (Exhibit A) Resolution No. A-200 (9/99) \��llllltumma1111////%l�/// N STREET or ALLEY VACATION REQUEST 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 See attached Vacation Procedures for more i TIONAL CITY, CALIFORNIA PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM Case Number SC" 00(.0' Filing Fee $ G,'Sto3 4 ! Recei No R Date Received yila(Oto By E.AF. Required Fee $ Related Cases NOTE: Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is not needed for present or future uses as a street. orrnation. Please consider my request for the vacation .f 1 2T2E f located between &Utz.oEty ['Z. AP-CADla , .vf . and as more particularly shown and described on drawing of area to be vacated, prepared by ' F 1 N1 E -I t tr-7 dated I /Co/'levlo , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional pages if insufficient space below) Fiv-7.1)_1TATe t2ETtRt ENT commUNITT DE9644/ -? St1-€ET e2e-n4eahl Ibutanera DRtvt: A140 Ar-C./SDtA AVEt.1UE '1'6 i F Y 1D Ntm E : 1342c4171 A EE F?t"1 s.. 7Ec> rO-on't lam weer Tb P, 114 Title Examination Report obtained by` h%,,a..4-4 - l i-{e. date .//7 /otd (attach copy) Street or Alley Vacation Request Application Revised December, 1998 Page 1 of 2 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: { non'. 5oclt,rf96,.,(j re c61 di Name: CEo Signature = Signature (Signat e acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) �aro�tsRV0.11a,t flosek Address: 02 ktoo G • 44A-5 e.¢ • Address: , C14 `1't c6 o Phone No. (Ca(45 416 -41.):7 Fax No. (Co(55 410 Date: 3) 3 f o(o APPLICANT Name: Kj (61-{,AEL (Please type or print) Signature: Phone No. Fax No. Date: 6 ?A 12464 (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 6",1 SE CAuser swim. i FcQ-TLQ IJD, Gi 7 - Phone No. ('5!) 4 . Fax No. Grj'%,� jo•(pL{..t%jj Date: -3/3 (ob Street or Alley Vacation Request Application Revised December, 1998 Page 2 of 2 131,S 1/dSCH SC1E1 iNAAra -1 0.1. D., :11,1, - ca6 rne err, - .1 - 11. ArrAA1 a AN AAA alA...1 . A AAAAA A ,Nel AAA 113c aotrosa 110An Ot ,t 3030441 0106030.1 A ..ArA 13.1 21112. A TA ,At w.As eArAr ra sam,opr 00 1.3end A.14/1, RA n Am, MN 1.-.0111f A ,-,A1A111 0fltC on At., bilalikOde0116 AIDA,. 9 DIA um, ay,. 03 701640*0463333700 ArA AOALA 000100 nti.0.70] ....A in A ...Anon. AA rilAA A A.C.A.AA ALTA, A S n 0.4 aboAcu TAG 5.1.As Ay. A ',MAI. A ... A 7.1DIAA.11.1100 al, AO 11[0,11 .11410! 001600= CM A.M. St ,0316-.011 ------ 044±0160 amusl 13 - Ar va, • ./.0Y 18000=30440 s-115 Aftlafil. 11,A nr .roltAA.A. 53!1. 00630331466 • Alas [Loin AA.Ax AO 14.1 mAIS . TearAl A . CAE AA.. ,aryik 3.1.01 eir 4±.1101t.c, • An a., 1,01. me6 14 s 1..6 SAO, 11.1TO, sA. 1,1 )9C,1 13 4. 1.1A. As an 1.-ALI 110...3 30 ,ArrAl 1...0511 ANA AAA, ...IA WM !WAWA r...11.11( JUN 410orj. (S)1391-IR E .40 L I qqt-ic t. 11 411) , S.11 vAllOm xam OAN1A1.11111 NI7517 1511-924.00 143 {1,1-iS1-1K 10±33144101 AiVart.r1,1.0.4 AAIS 10011,161.01.11011.1.0.04 Al LOW. unrom ,oa,ore 1.u. A A.A. 00303.501000000. 64 lir ALA, 10 SID117-4771-S755337S7 Al.., A 4,311.010 43 4.110 43'.0yo,A, A, ,3" og AA. A 1, 3514WAS nur.a 130 Ii1 LA-11405 11 A 1, 1111431101 11 A WU. Au NI I/O 410001: 111 A Aimod lavirrt .1.1. >It 14 .t0 ,94. 37177,0"f I o/a'C'I'd21'..L762(i 1/.16Z; - ; • X7rif I I ,"1 I a . 5:7I , Of f,;1.1 il... 4016410*34 X70141 133HS 0403400 Int K. /11.1.1. 61500414 Sis401I043I3R cfa 'ON eirlY 3-71,7d 77-wrrc.712. — — — \ — , 1.2."11,7i1C- rr rr, JV7d.:;!' .., V i,..71/y0A41.24/ rr - .--1331S-111.--,-- —I — T03s4 - .-- or&ra," .7,7n9.12( slot xuff4% eiurfr drft iorimislf0 Goinfi i.r4 WM arAgray lft .1431 .33.311 WA 46,10.1 1040040,034 0:IMOW W. MO. .111.0. 1§1 CAMTWini 43413Waal 401650340 Mal PM. 1.6 3.. 1031 ..a0 3411300403004 D.14111 TA. FUR MATCH LINE — ® 1YSY.m.IL .. m. moo IRKt'mumn H)1 1 roc x2 Np)ne 1 WOO. Mtl t R mLgMeMAK St ICI was BTH STREET PARADISE VILLAGE TENTATIVE SUBDIVISION MAP v 1 EASEMENTS LUT 2 91C �JH WGII➢ OFS: ✓M L.SI l] 1,11 ssi-iaie AN isso SHEET 9 Us 'HEET(S) L S UUJli 1.16 riuow.F'imi rwr nm wo. u IFTVIFY V,m m. uo GR P1C SCALE c ^ARADiSE VALLEY hOSP'7A EASEMENTS acmc[3 or .z..;: City of National City, California COUNCIL AGENDA STATEMENT 33 MEETING DATE May 16, 2006 AGENDA ITEM NO. ITEM TITLE Notice of Decision — Conditional Use Permit to allow a Salon within an existing Residential Unit as Mixed -Use at 906 A Avenue (Brick Row). Applicant: Janice Martinelli. Case File No. CUP-2006-5 PREPARED BY Roger Post, 336-4310 DEPARTMENT Planning EXPLANATION The project site is lcoated at 906 A Avenue at the northern end of the historic Brick Row strucutre. The 2,875 square foot site is developed with a two-story residenital unit and a detached 2-car garage which is accessed from the alley. The unit also has access to two additional parking spaces along A Avenue fronting the unit through the A Avenue Permit Parking District. The applicant is proposing to operate a hair, nail and skin care salon within the unit. The salon will be located on the ground floor and utilize 566 square feet. The interior area includes an area to cut hair as well as an area to perform nail and skin care services. The applicant has indicated that the use will be by appointment only and the operator of the salon will be the resident who resides in the unit. The existing kitchen on the first floor and the residential living quarters on the second floor are to remain and are not a part of the commercial business. A Conditional Use Permit is required to allow mixed -use development. A condition of approval has been included that the tenant of the unit reamin the same as the salon operator to retain the residential character. The applicant is also requesting authorization for one sign. The sign is proposed to be a non -illuminated wood sign and will be designed to be consistent with the Historic Brick Row building. A condition of approval has been included to ensure that the design of the sign will be compatible with the Historic Brick Row building architecture. Since the use would be short one parking space, a code exception has also been requested. The Planning Commission held a hearing on May 1, 2006. Two letters in support were received and the Commission voted to approve the Conditional Use Permit. This is a significant action since it would be the first business, other than a home occupation, to be established in Brick Row. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission and Recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes — Carrillo, Alvarado, Baca, Flores, Pruitt, Reynolds, DeLaPaz ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution 14-2006 3. Site Photos 2 Location Map Resolution No. A-200 (9/99) RESOLUTION NO. 14-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A SALON WITHIN AN EXISTING RESIDENTIAL UNIT AS MIXED -USE AT 906 A AVINUE (BRICK ROW) APPLICANT: J NICE MARTINELLI CASE FILE) NO. CUP-2006-5 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application to allow 4 salon within an existing residential unit as mixed - use at 906 A Avenue (Brick Row) at a advertised public hearing held on May 1 2006 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2006-5, aintained by the City and incorporated herein by reference along with evidence and testimonyt said hearing; and, WHEREAS, this action is taken purs1ant 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 May 1, 2006, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 2,875 square -foot property can accommodate a mixed -use development of a salon and residential dwelling unit. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the olume and type of traffic generated by the proposed use, since A Street can easily 4ccommodate the minuscule increase of less than 8 ADT beyond the existing use of the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposal to add a salon in an existing dwelling unit is appropriate given the existing n ighborhood character and the goals of the General Plan and Downtown Specific Plan. Also, the approximately 566 square -foot salon will result in the need for three parking spaces, of which two spaces are provided. Since the salon will be conditioned to be limited to 'by appointment' only, the required third parking spaces will not create an undue parking demand as a result of this project. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since mixed -use development within the Downtown area provides for a type of housing mixed with residential which also provides opportunities for neighborhood level businesses/services that will be easily accessible to nearby residents. RECOMMENDED FINDING FOR APPROVAL OF REQUESTED MIXED -USE EXCEPTIONS FOR A REDUCTION IN PARKING REQUIREMENTS Granting of the exception for reduction in the number of required off-street parking spaces, is in accordance with the intent and purpose of the Land Use Code, and is consistent with the General Plan and any applicable Specific Plans, since the General Plan strongly encourages vertical mixed - use development and the revitalization of commercial areas. The requested exceptions facilitate the development of a vertical mixed -use development while protecting the existing neighborhood. 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 566 square -foot salon within an existing residential dwelling unit at 906 A Avenue. All plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2006- 05, dated March 8, 2006. 2. The final design of the approximately 4 square -foot sign, as depicted on the plans, shall be consistent with the architecture of the historic Brick Row structure to the satisfaction of the Planning Director. 3. 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 and Fire Codes. 4. The salon operator shall be the same as the residential tenant for the property. 5. This permit authorizes the salon business as a business that is 'by appointment' only. 6. Any additional signage, beyond what is approved with this Permit, shall be reviewed and approved by the Planning Commission 7. 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 is 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. 8. 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 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 1, 2006, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Carrillo, Alvarado, Baca, Flores, Pruitt, Reynolds, DeLaPaz CHAIRWOMAN PROJECT LOCATION ZONE BOUNDARY LOCATION MAP Conditional Use Permit for a hair salon and Variance for CUP-2006-5 parking at 906 A Avenue Z 2006-1 NATIONAL CITY PLANNING DRN. DATE 5/27/04 INITIAL HEARING: 04/17/06 lkite Photogr phs — 906 A Aven• (CUP-2016-5 / Z-2006-1) Figure 1: Subjec property from A Avenue Figure 2: Side of subject property from 911' Street City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. 34 ITEM TITLE Notice of Decision —Conditional Use Permit for a Two -Story Mixed Office/Residential Building at 2207 Highland Avenue. Applicant: Dr. Tess Masangya. Case File No. CUP-2006-3. PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The project site is located at the southest corner of E. 22nd Street and Highland Avenue in the General Commecial Zone. Currently there is a single -story building, previously a bookstore, and a rusted metal pole -sign on the site. Access and parking for the site is from the rear alley off of 22'd Street. The applicant proposes to build a two-story mixed -use structure fronting Highland Avenue. The first floor will contain two office suites, each with 1,050 square -feet of area. The second floor of the building includes two 968 square -foot, two-bedroom/one-bath apartments. Access to the second floor is secured via a gated stairwell. Each apartment also includes a private deck on the rear of the unit. A surface parking lot is proposed behind the building, with access through a security gate off of the alley. Fourteen parking spaces will be provided, including 1 handicap and 3 designated residential spaces, meeting City Code requirements. The Conditional Use Permit is required to ensure compatibility between the proposed commercial and residential uses on the project site, as wells as surrounding uses. The proposal to construct two office suites and two apartment units is consistent with several General Plan goals, including the development of under-utilized commercial property, the creation of mixed -use development in a vertical arrangement, the addition of housing opportunities and the incorporation of high quality design. The applicant is requesting one exception from the Land Use Code, a reduction of the open space requirement for residential units. The project provides 96 square feet per unit, where 300 per unit is required. The requested exception is necessary to facilitate the proposed development, as the remainder of the property is being used to meet parking requirements and providing additional private open space for the units through more balconies would result in smaller unit sizes. The Planning Commission held a public hearing on May 1, 2006, and voted to approve the application. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission and Recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional, Use Permit. Ayes — Carrillo, Alvarado, Baca, Flores, Pruitt, Reynolds, DeLaPaz fcf ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution 15-2006 3. Site Photos 2 Location Map A-200 (9/99) J RESOLUT ON NO. 15-2006 A RESOLUTION OF OF THE CITY OF NAT APPROVING A CO FOR A TWO-STORY MIXED AT 2207 HI APPLICANT: D CASE FILE PLANNING COMMISSION ONAL CITY, CALIFORNIA, ITIONAL USE PERMIT FFICE/RESIDENTIAL BUILDING AVENUE TESS MASANGYA NO. CUP-2006-3 WHEREAS, the Planning Commis ion of the City of National City considered a Conditional Use Permit application for a o-story mixed office/residential building at 2207 Highland Avenue at a duly advertised public earing held on May 1 2006 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing th- Planning Commission considered the staff report contained in Case File No. CUP-2006-3, aintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited hereii 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 May I, 2006, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 8,050 square -foot property can accommodate a mixed -use development of a small office / residential building, with sufficient off-street parking and Landscaping. 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 Highland Avenue, which is a major arterial within an established commercial district, can easily accommodate the small increase over the existing use of the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the scale of the proposal (two-story construction) is appropriate given the existing neighborhood character. Also, the proposed office/residential project can accommodate the required parking for both uses on the project site immediately behind the building, and pedestrian safety will be enhanced by utilizing the alley for access into the parking lot, as opposed to having vehicles enter directly onto an arterial street (Highland Avenue). 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the location of appropriately sized office/retail uses on arterial streets within existing commercial corridor with adjacent residential neighborhoods provides opportunities for neighborhood level businesses/services that will be easily accessible to nearby residents, and since the proposed development, as conditioned, should significantly enhance the appearance of the property. RECOMMENDED FINDING FOR APPROVAL OF REOUESTED MIXED -USE EXCEPTIONS FOR A REDUCTION IN OPEN SPACE REOUIREMENTS Granting of the exception for a reduction in the amount of required open space for residential units is in accordance with the intent and purpose of the Land Use Code, and is consistent with the General Plan and any applicable Specific Plans, since the General Plan strongly encourages vertical mixed -use development and the revitalization of commercial areas. The requested exceptions facilitate the development of a vertical mixed -use development while protecting an adjacent established neighborhood by maximizing on -site parking and enhancing the 'appearance of the project site. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: This Conditional Use Permit authorizes a mixed use building including 2,172 square feet of office space and a second floor with two 968 square -foot of apartment units. The project also includes associated parking and landscaping. 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-2006- 3, dated April 13, 2006. 2. 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 before the issuance of any building permits. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices on -site. 3. The trash enclosure shall have a stucco exterior to match the building and the enclosure doors shall be designed to not open into the adjacent alleyway. 4. Signage for the three assigned residential parking spaces must be approved before the issuance of any building permits. 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. A drainage plan shall be submitted showing all of the proposed and 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 the City requirements. 8. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 9. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 10. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 11. Separate alley plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 12. The deteriorated portions of the existing street improvements (10' of sidewalk) along the property frontages shall be removed and replaced. 13. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall he given to the City of National City Engineering Department as soon as filed. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 15. Street improvements shall be in accordance with City Standards. All missing street improvements (alley 13' x 70') shall be constructed. 16. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate 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 according to actual worked hours and consultant services. 17. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 18. The project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 19. The project shall comply with the Crime -free Multi -Housing criteria and Crime Prevention through Environmental Design (CPTED) standards. 20. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 21. 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 is 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. 22. 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 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 1, 2006, by the following vote: AYES: Carrillo, Alvarado, Baca, Flores, Pruitt, Reynolds, DeLaPaz NAYS: ABSENT: ABSTAIN: CHAIRWOMAN A� a 230; T� 23�3 \\\ 00,2N PROJECT LOCATION 2c4w To° 2'01 100 0 100 200 Feet LOCATION MAP ;,onditional Use Permit for a 2-story mixed office -residential use at 2207 Highland Avenue NATIONAL CITY PLANNING CUP-2006-3 DRN. DATE` 10126/05 INITIAL HEARING: 5/01/06 Site!hotographs 2207 Highland Atnue (C -2006-3) Figure 1: Subject proper from across Highland Avenue Figure 2: Front of existing building ® • Site Photographs — 2207 Highland Avenue (continued) (CUP-2006-3) Figure 3: Adjacent commercial/office property to south; under construction Figure 4: North of project site, across 22"d Street City of Nat onal City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO. 35 ITEM TITLE Notice of Decision —Planned Development Permit for a New 5,080 Square Foot Office Building on Paradise Valley Hospital Property at 2700 E. 4th Street. Applicant: Paradise Valley Hospital. Case File No. PD-2006-3. Coe PREPARED BY Angela Reeder, 336 4310 DEPARTMENT Planning EXPLANATION The project site includes an approximately 29,678 square -foot area within a 6.69-acre parcel at 2700 E. 4th Street. The parcel sits between 4th Street, 7th Street, Paradise Valley Hospital and the San Diego Academy, and is zoned Institutional Private (IP). The site was previously developed with a private school and medical buildings; however, most of the buildings on the site have recently been demolished, except for a metal building that houses the hospital's Patient Financial Services offices. Paradise Valley Hospital is in the process of developing a retirement community on their property between the hospital and San Diego Academy. As the existing Financial Services office is located on a site where the retirement community buildings are proposed, the office will need to be relocated. The applicant is therefore proposing to demolish the existing metal building and replace it with a new 5,080 square foot building, parking lot, and associated landscaping approximately 130 feet to the west of its existing location. The new office building will be a single -story, wood frame structure with stucco exterior and stone veneer accents. The project parking lot includes 41 pa king spaces are provided, where only 26 are required, and Landscaping in excess of Code requirements. Access' to the site is generally the same as now, which is from within the hospital complex property, not from 4th Street. The proposed development complies with the General Plan, all applicable Land Use Code requirements, and incorporates many of the elements encouraged by City Design Guidelines. Building colors and materials will be compatible with the future retirement community proposed adjacent to the site. The Planning Commission held a public hearing on May 1, 2006, and voted to approve the application. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION ] Staff concurs with the Planning Commission and Recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes — Carrillo, Alvarado, Baca, Flores, Reynolds, DeLaPaz Absent: Pruitt ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution 16-2006 3. Site Photos 2. Location Map Resolution No. A-200 (9/99) J RESOLU ION NO. 16-2006 A RESOLUTION OF T OF THE CITY OF NA APPROVING A PL FOR A NEW 5,080 SQU ON PARADISE VAL AT 270 APPLICANT: P CASE F E PLANNING COMMISSION IONAL CITY, CALIFORNIA, D DEVELOPMENT PERMIT FOOT OFFICE BUILDING EY HOSPITAL PROPERTY E. 4'H STREET SE VALLEY HOSPITAL NO. PD-2006-3 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application for a new ,080 square foot office building on Paradise Valley Hospital property at 2700 E. 4th Street, at a d ly advertised public hearing held on May 1 2006 at which timeoral and documentary evidence as presented; and, WHEREAS, at said public hearing e Planning Commission considered the staff report contained in Case File No. PD-2006-3, m: intained by the City and incorporated herein by reference along with evidence and testimony : t said hearing; and, WHEREAS, this action is taken pur,uant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herei is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESO VED by the Planning Commission of the City of National City, Califomia, that the testimony a d evidence presented to the Planning Commission at the public hearing held on May 1, 2006, support the following findings: 1. That the site for the proposed use is ad 'quate in size and shape, since the 6.69 acre site can accommodate the 5,080 square -foot o ce building and associated parking and landscaping. 2. That the site has sufficient access to s eets 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 proposed project will result in an i significant increase of Average Daily Trips (ADT) over the previous use. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the required setbacks and buildin. height will be met, and since required off-street parking will be provided. 4. That the proposed use is deemed esse tial and desirable to the public convenience and welfare, since it results in the creation o additional office space for the community. BE IT FURTHER RESOLVED that tl e application for Planned Development Permit is approved subject to the following conditions: 1. This Planned Development Permit (PD 2006-03) authorizes the development of a 5,080 square -foot office building. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, March 23, 2006. 2. 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. 3. 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 and the Fire Code. 4. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 5. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 6. The Priority Project Applicability checklist for the Standard Urban Storm Water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) and an approved SUSMP will be required prior to the issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 8. A Grading and Drainage Plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklist for preparation of the Grading and Drainage Plan and ,2„ Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. 9. A Soils Engineering Report shall be submitted for the Engineering Department's review. The Report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking area, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class 11 aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. Al Soils Report findings and recommendations shall be part of the Engineering Department requirements. 10. 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 6-inch in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 11. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged storm water run-off associated with construction activity where clearing, grading and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. 12. All existing survey monuments, including any benchmark, with the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 13. A permit shall be obtained from the engineering Department for all improvement work within the public right-of-way, and any ading construction on private property. 14. A cost estimate for all of the proposed ading, drainage, street improvements, landscaping and retaining wall work shall be submit-ed with the plans. A performance bond equal to the approved cost estimate 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 according to actual worked hours and consultant services. 15. Exterior walls of buildings/freestanding fences/retaining walls 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. 16. Before this Planned Development Permit shall become effective, the applicant and the property owner both shall sign and ha e 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 3 30 days of its receipt shall automatically terminate the Planned Development 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 Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 17. Approval of the Planned Development Permit expires one (1) years after adoption of the resolution of approval at 5:30 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 and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 1, 2006, by the following vote: AYES: Carrillo, Alvarado, Baca, Flores, Reynolds, DeLaPaz NAYS: ABSENT: Pruitt ABSTAIN: CHAIRWOMAN PARADISE VALLEY HOSPITAL 200 0 200 400 Feet CURRENT ZONING BOUNDARY LOCATION MAP Planned Development Permit for an approximately 5,080 square foot office building serving Paradise Valley Hospital Property at 2700 E. 4th Street 324 330 340 D Existing Office be Removed PD-2006-3 NATIONAL CITY PLANNING 40.41 • 0 •• DRN. DATE: 4/13/06 INITIAL HEARING: 5/01/06 !te Photographs — 2700 E. 4th Stitt (PD-2006-3) Figure 1: Looking across E. 4`h Street south to Subject property Figure 2: Front of existing building • • Site Photographs — 2 00 E. 4th Street (continued) (P -2006-3) Figure 3: Looking northwest at sing e-family neighborhood from subject property Figure 4: Looking northeast at single family neighborhood from subject property • Site Photographs — 2700 E. 4th Street (continued) (PD-2006-3) Figure 5: Looking west at existing hospital from subject property Figure 6: Looking east at new school from subject property City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 16, 2006 36 AGENDA ITEM NO. ITEM TITLE Report on Kimball Park Basketball Court Lighting Costs PREPARED BY Leslie Deese DEPARTMENT Phone: (619) 336-4242 EXPLANATION Roberto Saucedo Phone: (619) 336-4580 Community Services Public Works At the May 2, 2006 City Council meeting, Councilmember Natividad requested information on the cost of lighting the Kimball Park basketball courts three days a week from dusk to park closing at 10:00 p.m. According to figures from the Public Works Department, the cost would be $25 for approximately three hours of lighting time per day, or $300 per month ($25 a day multiplied by 3 days a week). In addition, there would be a $20 per month expenditure for maintenance to replace burned out lamps, repair fencing and backboards, and other related staff costs. Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION N/A BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) None Resolution No. A -too (9/80) Technology NATIONAL • CITY •TRANSIT MONTHLY REPORT MAY-06 ITEM #37 16/06 NCT is currently working 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. Installation of a probable four (4)-camera system at a bus stop location yet to be determined is anticipated. Unexpected problems regarding camera placement and power connections have delayed this project but we expect to move forward very quickly after these issues have been resolved with SDG&E. NCT has been working with our existing facility cameras to try and deter graffiti on the I-5 overpass just south of our facility. We have one (1) Lo-Light camera pointed toward this location and have been able to record some individuals tagging this location during the early morning hours (3:21am). We will be utilizing different kinds of low cost equipment such as infrared spotlights to see if better picture quality will make identification possible and then turn this information over to NCPD. Lessons learned here will be able to be applied at future bus stop camera locations. NCT is evaluating the capability for Automat. c Vehicle locators (AVL) and Transit TV to be installed on our vehicles. NCT is also in the process of updating our GFI farebox and computer software with NCT/MTS CIP funds that will allow better co lecting, security and analysis of fare and ridership data. PERFORMANCE DIVIDENDS MONTH Ridership: Passengers per mi. Passengers per hr. Revenue miles: Revenue Hours: Fare Box recovery (revenue vs. expense) ** Data delayed due to submission dates PERFORMANCE DIVIDENDS MONTH Road Calls Preventable Accidents Ramp deployments Our on -time performance Customer Complaints Customer Compliments Plaintice: NCT vehicles used 12,774 gallons of low sulfur diesel fuel in April. The average price per gallon was approximately $2.347 compared to $2.16 in March. 522 West 8th St. • National City, California 91950-1004 • (619) 474-7505 Fax (619) 474-2058 McDonald Transit Associates, Inc., Contract Operator for NCT APRIL-05 142,736 3.59 41.4 39,813 3,445 52.7% A PRIL-05 02 0 557 86.9% 02 02 MAR-06 144,204 3.48 40.1 41,444 3,600 33.7% MAR-06 01 0 553 94.4% 03 02 APRIL-06 131,494 3.40 38.9 38,722 3,376 N/A** APRIL-06 02 0 499 96.1% 01 0 1 rtICT maintenance personnel performed 14 Preventative Maintenance Inspections (PMI's) and made 70 minor repairs consisting of rear door, lighting system, dash lights, side mirrors and kneeler hights. We also made 23 major repairs consisting of A/C, air compressors, fuel pump gasket, and steering gear box to our fleet vehicles in April. MTS-COA NCT is currently working very closely with MTS staff to coordinate NCT-COA route changes scheduled for January 2007. This most likely will mean an increase in drivers and Revenue vehicles. We also expect to be taking a very pro active role in distributing information to our community to make the new routes and changes go as smoothly as possible. Phase II of the COA is focusing on achieving long- term financial sustainability through increased ridership, productivity, and meeting operational transportation goals within the constraints of the current financial and operating environment through operational efficiency. This plan was passed by unanimous vote at the March 23`d MTS Board of Directors meeting. The majority of bus route changes (Central SD) will be implemented during June and September 2006. More information is available on line at www.sdcommute.com 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. ,(CT 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 is committed to working with the National City Community and residents through direct participation in Community projects and organizations as volunteers or sponsors. NCT is 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: May 3rd, 2006 La-e.e• s/z_ ohn P. Webster Sr. ce 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 O Mar-06 ■ Apr-06 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE5 March 21, 2006 AGENDA ITEM NO. 38 (TEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO\ THE PERIOD OF 04/21/06 THROUGH 05/04/06 OF 970,333 L Jeanette Ladrido, CPA PREPARED BY 619-336-4251 EXPLANATION See attached report. DEPARTMENT CDC— Finance Environmental Review ✓ N/A Financial Statement Total expenditures for the period of 04/21/06 THROUGH 05/04/06 amount to $970,333. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Ratification of Expenditures for the period 04/21/06 through 05/04/2006 A-200 (9/80) Pa ee CDC AT SYSTEMS WEST, INC. BANK OF AMERICA BENNETT PEJI DESIGN BEST BEST & KRIEGER CITY TREASURER CORNERSTONE BUILDING GROUP CORPORATE EXPRESS INC FIRST BANKCARD CENTER FOLEY & LARDNER LAND AMERICA COMMONWEALTH LAW OFFICE OF DON DETISCH LINTVEDT, MC COLL & ASSOCIATES OPPER & VARCO LLP OVERLAND PACIFIC & CUTLER, INC PETTY CASH - CDC POWER PLUS PRO -EDGE KNIFE PUBLIC EMPLOYEES' RET. SYSTEM TETRA TECH, ISG #I THE COOLING STORE THE STAR NEWS VERONICA TAM & ASSOCIATES CITY OF NATIONAL CITY CORPORATE EXPRESS INC PITNEY BOWES STATE OF CALIFORNIA CALIFORNIA REDEVELOPMENT ASSOC CHRISTENSEN SCHWERDTFEGER CORPORATE EXPRESS INC GE CAPITAL GRAPHIC SOLUTIONS INFRASTRUCTURE ENGINEERING KEYSER MARSTON ASSOCIATES, INC NEXTEL COMMUNICATIONS OVERLAND PACIFIC & CUTLER, INC SAN DIEGO COUNTY RECORDER SAN DIEGO COUNTY VECTOR SAN DIEGO GAS & ELECTRIC SCS ENGINEERS STATE COMPENSATION INSURANCE THE STAR NEWS UNION TRIBUNE NUTRITION CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION CULLIGAN WATER FINANCIAL INDEMNITY COMPANY JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION FOR MEETING OF MAY 16, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD, 04/21/06 - 05/04/06 Descri tion ARMORED CHARGES FOR 03/06 TRAVEL & TRANG OF COUNCILS, C MGR, MAYOR ARCHITECTURAL DESIGN FOR FILIPINO VILLAGE LEGAL SERVICES FOR REVOLUTION RI & R2 ENTERPRISE ZONE EMPLOYER SERVICES 1ST QT FINAL CHARGES FOR PLAYHOUSE ON PLAZA CDC OFFICE SUPPLIES CREDIT CARD CHARGES THRU 04/12/06 LEGAL SERVICES FOR VARIOUS PROJECTS PROF SERVICES FOR ARE HOLDINGS LEGAL SERVICES FOR VARIOUS PROJECTS SURVEYING PSI LEGAL SERVICES FOR VARIOUS PROJECTS RELOCATION CONSULTING PARK VILLAGE REPLENISHMENT OF PETTY CASH EQUIPMENT RENTAL FOR AQUATIC CENTER SHARPENING .SERVICE FOR NCNP PAYROLL UNDERPAYMENT RATE 07/05 & 08/05 PROF SERVICES FOR HIGHLAND AVE MEDIAN HOTSHOT REPAIR AT NCNP PUBLIC NOTICE FOR DOWNTOWN SPEC PLAN RECONCILIATION OF CDBG & HOME ASSISTANCE CDC OFFICE SUPPLIES CDC OFFICE SUPPLIES SUPPLIES FOR. POSTAGE METER SDI - 1ST QTR FY 2006 BOOK PURCHASE FOR REDEVELOPMENT LEGAL SERVICES FOR 1820 G STREET CDC OFFICE SUPPLIES LEASE PAYMENT FOR CANON IR 220 FOR 05/06 PROFESSIONAL SERVICES FOR BROWNFIELD PROF SERVICES FOR DOWNTOWN SPECIFIC PRO FORMA ANALYSIS FOR 1820 G STREET CELL PHONE CHARGES THRU 04/26/06 RELOCATION ASSISTANCE FOR PACIFIC VIEW RECORDING FEES FOR PAID OFF REHAB LOANS COUNTY VOTER APPROVED ASSESSMENT FOR UTILITIES AT 921 A VENUE PROF SERVICES FOR PARK VILLAGE WORKER'S COMP FOR 04/2006 PUBLIC NOTICE PUBLIC NOTICE SUBTOTAL - CDC: FOOD FOR NCNP FOOD FOR NCNP WATER SOFTENER FOR NCNP NCNP AUTO INSURANCE FOOD/CONSUMABLES FOR NCNP FOOD FOR NCNP Chk No Amount 15991 120.96 15992 3,203.22 15993 955.00 15994 25,458.92 15997 46,548.88 15998 7,095.00 15999 332.42 16002 90.37 16003 1,446.71 16005 4,762.00 16006 9,060.37 16007 35.60 16010 20,126.51 16011 350.00 16015 185.76 16016 195.00 16017 40.00 16018 14,65437 16023 15,795.72 16024 352.82 16025 299.81 16026 90.00 16028 131.64 16029 73.08 16030 163.72 16031 2,671.16 16032 168.87 16033 325.50 16034 464.15 16036 184.60 16037 1,054.34 16038 7,52238 16039 5,356.88 16040 73.51 16041 4,490.00 16043 21.00 16044 213.50 16045 99.12 16046 24,324.27 16047 3,193.54 16048 287.00 16049 707.20 202,724.90 15995 385.90 15996 3,398.09 16000 295.20 16001 77.06 16004 9,696.80 16008 884.10 Payee MISSION UNIFORM SERVICE PACIFIC BELL/WORLDCOM PADRE JANITORIAL SUPPLIES, INC PANADERIA GUADALAJARA REED'S RESTAURANT EQUIP. SVC. SANCHEZ SIERRA SPRINGS SYSCO SAN DIEGO AIRGAS - WEST FINANCIAL INDEMNITY COMPANY HOUSING ASSISTANCE PAYMENTS CORPORATE EXPRESS INC EQUIFAX CREDIT INFORMATION SVS GMAC MORTGAGE FAIR HOUSING COUNCIL OF SD, ARROWHEAD MTN SPRING WTR CO. CORPORATE EXPRESS INC GMAC MORTGAGE STATE COMPENSATION INSURANCE PAYROLL FOR MEETING OF MAY 16, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 04/21/06 -05/04/06 Description LINEN SERVICE AT NCNP FAX # CHARGES FOR NCNP JANITORIAL SUPPLIES FOR NCNP FOOD FOR NCNP EQUIPMENT REPAIRS AT NCNP NCNP MILEAGE REIMBURSEMENT @ $0.445/M WATER FOR FEELING FIT CLUB NCNP FOOD/CONSUMABLES FOR NCNP CONSUMABLE FOR NCNP NCNP AUTO INSURANCE SUBTOTAL - NUTRITION: TOTAL -GENERAL FUND: MONTHLY & MANUAL PAYMENTS S8 OFFICE SUPPLIES CREDIT REPORTS FOR SECTION 8 S8 ELECTRICITY CHARGES FOR 03/06 3RD QTR FY 06-FAIR HOUSING & TENANT -LAND SECTION 8 WATER FILTER RENTAL FOR 04/06 SECTION 8 OFFICE SUPPLIES SECTION 8 OFFICE RENTAL FOR 05/06 WORKER'S COMP FOR 04/2006 TOTAL - SECTION 8: PAYROLL 04/;! 1 /2006 - 04/24/2006 TOTAL - ADMINISTRATIVE REVOLVING FUND: Chk No Amount 16009 130.65 16012 198.31 16013 1,256.61 16014 45.00 16019 400.28 16020 43.61 16021 28.80 16022 7,958.60 16027 19.90 16035 82.06 $24,900.97 $227625.87 $633,110.02 10200 109.76 10201 50.00 10202 294.05 10203 7,750.00 10204 34.47 10205 105.62 10206 3,527.50 10207 717.25 $645,698.67 $97,008.22 $97,008.22 TOTAL OF ALL FUNDS: $970,332.76 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO 39 ITEM TITLE A Resolution of the Community Development Commission of the City of National City allocating $750,000 from the low and moderate income housing funds for the rehabilitation of existing residential units; $375,000 for 75 units identified with lead -based paint hazards and $375,000 for 67 units identified with health and safety hazards; for the purpose of rehabilitating the units to preserve affordable housing and eliminate health hazards such as lead poisoning for children under 6 years old and other identified health and safety hazards that affect the quality of life of National City residents. PREPARED BY DEPARTMENT Kathleen Trees Building & Safety Department (619) 336-4213 EXPLANATION See attached Staff Report Environmental Review N/A Financial Statement $750,000 has been identified from the CDC's low and moderate tax increment funds FY 05/06 in project 900919 and projep 9,D0920 AccountNo 900919 90092 STAFF RECOMMENDATION Adopt the resolution and direct staff to come back with a MOU between the CDC and the City for each project. ,f1, BOARD / COMMISSION RECOMMENDATION N/A J ATTACHMENTS 1. Resolution 2. Staff Report L3. CDC Attorney's Opinion Letter 4. HUD Technical Assistance Letter 5. Lead Hazard frogram Summary 6. Lead Hazard Work Plan Summary 7. Healthy Homes Program Summary Resolution No. A-200 (9/80) RESOLUTION NO. 2006 - RESOLUTION OF THE, COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ALLOCATING $750,000 FROM THE LOW AND MODERATE INCOME HOUSING FUNDS FOR THE REHABILITATION OF EXISTING RESIDENTIAL UNITS; $375,000 FOR 75 UNITS IDENTIFIED WITH LEAD -BASED PAINT HAZARDS AND $375,000 FOR 67 UNITS IDENTIFIED WITH HEALTH AND SAFETY HAZARDS; FOR THE PURPOSE OF REHABILITATING THE UNITS TO PRESERVE AFFORDABLE HOUSING AND ELIMINATE HEALTH HAZARDS SUCH AS LEAD POISONING FOR CHILDREN UNDER 6 YEARS OLD AND OTHER IDENTIFIED HEALTH AND SAFETY HAZARDS THAT AFFECT THE QUALITY OF LIFE OF NATIONAL CITY RESIDENTS WHEREAS, in October 2003, the City was awarded a grant in the amount of $2,984,152 from HUD to preserve affordable housing and eliminate health hazards such as lead poisoning for children under 6 years old and other identified health and safety hazards that affect the quality of life of national city residents; and WHEREAS, the Community Development Commission of the City of National City (CDC) agrees to match funds from the Low and Moderate Income Housing Funds in the amount of $375,000 in the form of low-income loans to residents; and WHEREAS, staff recommends that $375,000 of the funds be used for 75 units identified with lead -based paint hazards, and $375,000 for 67 units identified with health and safety hazards. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the allocation of $375,000 from the Low and Moderate Income Housing Funds for Existing Residential Units Identified with Lead - Based Paint Hazards for 75 units identified with lead -based paint hazards, and $375,000 for 67 units identified with health and safety hazards for the purpose of preserving affordable housing and eliminating heath hazards for children under 6 years old. PASSED and ADOPTED this 16th day of May, 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel STAFF REPORT BACKGROUND In October 2003 the City of National City was awarded a grant from HUD for the purpose of controlling lead -based paint in residential units in National City. The City was awarded $2,984,152 in HUD funds with a match from various sources of $1,569,423. At the time the grant was written in May 2003, the CDC agreed to match funds in the amount of $375,000 in the form of low-income loans to residents. The CDC had always had a low-income loan program, but due to a. lack of staffing, had not granted any loans in the past year. The Ioans were to be in the amount of up to $12,000 per unit and to be used for emergency rehabilitation. The City agreed to staff the program with grant personnel in order to get the program started again. Staff expected to provide 10 to 12 loans per year for a total each year of $125,000. By the time the grant was awarded the CDC had changed personnel, reorganized and began focusing on other priorities. The low-income loan program was never restarted. In a meeting with our HUD Technical Representative in December of 2005, HUD noted in their letter to us (page 8) that the matching funds had not been available and that the City "will be held responsible for meeting the entire match amount". With the transfer of the CDC to the City, the Building and Safety Department began working with CDC staff to identify what could be done to meet the requirements of the grant, what would work for CDC and be of benefit to the residents of the community. A summary of the National City Lead Hazard Control program is attached (page 12) as well as the work plan summary (page 13), which explains how the units are identified, enrolled and referred for rehabilitation. The eligibility criteria include the presence of lead -based paint, Iow-income residents and children under age 6 present or frequent visitors to the unit or rental units that rent to families that are likely to have children under the age of 6. Further discussions were then held and staff determined that it would be a benefit to the community to commit additional funds in the amount of $375,000, a portion would be used for the HUD Healthy Homes program (program summary — page 15) and the remainder would be used to set up an additional rehabilitation program for units that are low income that do not meet the strict guidelines (child in the home with asthma) in the HUD program. The program goals that will be met with the additional money will be to preserve affordable housing, reduce blight and eliminate health hazards and safety hazards. CURRENT PROPOSAL The CDC and Building and Safety Department has met on several occasions to discuss the how to meet the HUD requirements for the matching funds. The CDC decided to look into the use of low and moderate funds. The CDC then requested that their attorney give them an opinion letter on whether the low and moderate -income funds could be used for this purpose. A copy of the letter is attached (page 3). The attorneys found that the funds could be used for "lead abatement, correction of dangerous conditions and/or correction of code violations at existing units that are occupied by persons and families of extremely low, very low, low or moderate income at affordable housing cost." The attorneys further found that the property would not be restricted for 55 years if the rehab was not "substantial rehabilitation" and then went on to describe several legal definitions of substantial rehabilitation. The proposed rehabilitation would not fall under any of the included definitions. The funds would also have to be used in the City's redevelopment area. The grant target area is solely in the redevelopment area and consists of the area to the west of I805 eliminating any concern over the improper use of the funds outside of the redevelopment area. The attorneys suggest that the City and CDC enter into an MOU should be project be approved by the Commission. It was then decided that the best use of the funds would be in grants of up to $5,000 per unit for the rehabilitation of units identified with lead -based paint hazards. This will allow the project to rehab 75 units. The CDC funds will be used for the rehab when the cost of the rehab work is less than the $5,000 cap, but will be combined with other funding when the cost of the rehab is over the $5,000 limit. The funds will be combined with those of the MAAC project who has a contract with the City for lead -based paint rehab work, funds from weatherization when they can be used to replace windows, etc., and from property owners when necessary. The City will perform all of the administrative work such as documentation of income, development of contracts between the property owner and contractor, and over -site of the rehab work. CHRISTENSEN SCHWERD'I FFGER & SPATH LLP Attorneys at Law 550 West C Street, Suite 1660 San Diego, California 921.0I Charles B. Christensen Sean D. Schwerdtfeger Walter F. Sparh III Guillermo Bscohedo Anna Salusky April 26, 2006 Via Email and U.S. Mail Chris Zapata Executive Director Community Development Commission of the City of National City 1243 National City Blvd. National City, CA 91950 Re: Use of Low -Mod Funds for Rehabilitation Mr. Zapata: Tel. (619) 236.9343 Fax (619) 236-8307 e-mail wfs@csslawllp.com The Community Development Colnrnission of the City of National City ("CDC") in conjunction with the City of National City ("City") desires to assist property owners with rehabilitation of properties rented at rates affordable to and occupied by persons and families of extremely low, very low, low or moderate income. The contemplated rehabilitation would include lead abatement, correction of dangerous conditions and correction of code violations only. The CDC proposes to grant up to $5,000 of low and moderate income housing funds per housing unit. An additional $10,000 per housing unit grant (from various sources) may be contributed by the City for the same rehabilitation purposes. The maximum combined grant will not exceed $15,000 per unit. Any grant that includes CDC low and moderate income housing funds will be used for rehabilitation which would consist solely of lead abatement, correction of dangerous conditions and/or correction of code violations at existing units that are rented at rates affordable to and occupied by persons and families of extremely low, very low, low or moderate income. I was told by CDC staff that since the rehabilitation work will consist solely of abatement of dangerous conditions and correction of code violations, the rehabilitation will not result in increased rents. The issues discussed and conclusions drawn in this letter are based upon the facts as stated herein. Please review the foregoing statement of facts and let me know at your earliest possible convenience, whether any portion of the foregoing misstates or omits any fact. In the event any facts E. CLIENTS\National City \Zapata re: Low Mod Rchab.doc 3 Chris Zapata Executive Director Community Development Commission of the City of National City Page 2 vary from those stated herein or there are facts which are not considered herein, the conclusions drawn herein may change. Issues (a) May low and moderate income housing funds be used for rehabilitation which would consist solely of lead abatement, correction of dangerous conditions and/or correction of code violations at existing units that are rented at rates affordable to and occupied by persons and families of extremely low, very low, low or moderate income? (b) is the CDC required to restrict the rent and occupancy of the rehabilitated units as provided in Health and Safety Code Section 33334.3(0? Concise Answers (a) The CDC may use low and moderate income housing funds for rehabilitation which would consist solely of lead abatement, correction of dangerous conditions and/or correction of code violations at existing units that are occupied by persons and families of extremely low, very low, low or moderate income at an affordable housing cost. (b) The CDC is required to restrict the rent and occupancy of the rehabilitated units as set forth in Health and Safety Code Section 33334.3(f, if the rehabilitation is "substantial rehabilitation". The term "substantial rehabilitation" is not defined in Health and Safety Code Section 33334.3(0. Whether the contemplated rehabilitation is "substantial rehabilitation" for purposes of Health and Safety Code Section 33334.3(0 is a factual issue and reasonable minds could disagree. The term "substantial rehabilitation" is used in other California laws and regulations, which provide guidance with respect to how that terns might be interpreted for purposes of Health and Safety Code Section 33334.3(f). If a proposed rehabilitation project would not be considered "substantial rehabilitation" under any of the four (4) definitions set forth in part (b) of the "legal discussion" below, the CDC will have an argument that the rehabilitation is not "substantial rehabilitation" and the CDC is not obligated to restrict the rehabilitated units under Health and Safety Code Section 33334.3(f). Nonetheless, this is a factual issue and there is no guarantee a court would determine that such rehabilitation is not "substantial rehabilitation". In the event a proposed rehabilitation project would be considered "substantial rehabilitation" under one (1) or more of the four (4) definitions set forth in part (b) of the "legal discussion" below, the rehabilitated units in that project should be restricted as provided in Health and. Safety Code Section 33334.3(f). The proposed program, if approved, will be administered by the City on behalf of the CDC, The City and the CDC should enter into a written agreement or memorandum of understanding, setting forth the rights and responsibilities of each of them and ensuring compliance with the Community Redevelopment Law. E:TLIENT.S\National CityyZnp,ua rc Low Mod Rchnb.doc 4 Chris Zapata Executive Director Community Development Commission of the City of National City Page 3 (a) Legal Analysis May Low -Mod Funds be Used to Rehabilitate Housing Units? Not less than twenty percent (20%) of all taxes allocated to the CDC pursuant to Health and Safety Code Section 33670, must be used by the CDC for "the purposes of increasing, improving and preserving the community's supply of low and moderate income housing available at affordable housing cost". H&S Code §33334.2(a). In carrying out such purposes, the CDC may exercise any of its powers for the "construction, rehabilitation, or preservation of affordable housing for extremely low, very low, low or moderate income persons or families ... including ... [to) rehabilitate buildings or structures". H&S Code §33334.2(e). Thus, the CDC tnay use low and moderate income housing funds to rehabilitate existing housing units, provided such housing units are occupied by persons and families of extremely low, very low, low or moderate income at an affordable housing cost. I was told by CDC staff that the rehabilitation work will consist of abatement of dangerous conditions and correction of code violations only and will not result in increased rents. It is my understanding that CDC staff has extensive expertise with respect to the applicable rent and income levels and for that reason, a discussion of the meanings of the terms "affordable housing cost" and "persons and families of extremely low, very low, low or moderate income", is unnecessary. If you would like additional detail and/or to discuss of the meanings of those terms, please do not hesitate to contact me. (b) If Low -Mod Funds are Used to Rehabilitate }lousing Units, is the CDC Required to Restrict the Rent and Occupancy of Those Units? New or substantially rehabilitated housing units developed or assisted with low and moderate income housing funds, must be restricted at an affordable housing cost and occupied by persons and families of extremely low, very low, low or moderate income for at least 55 years for rental units and at least 45 years for owner -occupied units. H&S Code §33334.3(0. The proposed use of the CDC's low and moderate income housing funds is for rehabilitation which would consist solely of lead abatement, correction of dangerous conditions and correction of code violations at existing units, and will not be used for "new" construction. However, if the rehabilitation of any of the housing units is "substantial rehabilitation", the CDC will be required to restrict those units at an affordable housing cost and for occupancy by persons and families of extremely low, very low, low or moderate income for at least 55 years for rental units and at least 45 years for owner -occupied units, as set forth in Health and Safety Code Section 33334.30). The term "substantial rehabilitation" is not defined in Health and Safety Code Section 33334.3(f). The proposed rehabilitation wili consist solely of lead abatement, correction of dangerous conditions and correction of code violations at existing units at a cost per unit that will C:ACLIENTS\National City \Zapata re Low Mod Rehab.doc 5 Chris Zapata Executive Director Community Development Commission of the City of National City Page 4 not exceed $15,000. Whether such rehabilitation is "substantial rehabilitation" is a factual issue and reasonable minds could disagree. The term "substantial rehabilitation" is used in other California laws and regulations, which provide guidance with respect to how that term might be interpreted for purposes of Health and Safety Code Section 33334.3(f). The Community Redevelopment Law (Health and Safety Code § §33000, et seq.) includes a definition of "substantial rehabilitation" for purposes of the requirement that thirty percent (30%) of all new and substantially rehabilitated dwellings units developed by a redevelopment agency be available to persons and families of low and moderate income. In that case, "substantial rehabilitation" means "rehabilitation, the value of which constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of the land value". H&S Code §33413(b)(2)(A)(iv). Some additional examples of definitions of the term "substantial rehabilitation" as used in California laws and regulations are as follows: (i) Health and Safety Code Section 34312.4(e), defines "substantial rehabilitation" for purposes of Housing Authority's home programs, as "rehabilitation in which the costs of rehabilitation equal or exceed 20 percent of the value of the structure after rehabilitation"; (ii) an identical definition of"substantial rehabilitation" is contained in Health and Safety Code Section 52053.5(c), which defines "substantial rehabilitation" for purposes of local housing finance agencies as "rehabilitation in which the costs of rehabilitation equal or exceed 20 percent of the value of the structure after rehabilitation"; (iii) 25 California Code ofRegulations Section 7301, defines "substantial rehabilitation" for purposes of the Department of Housing and Community Development's Multifamily Housing Program as "a rehabilitation project where the contract for rehabilitation work equals or exceeds $25,000 per unit". There is substantial variation in these definitions, one uses a dollar amount, whereas the other three use a percentage of the after rehabilitation value. Of the three that use a percentage of the after rehabilitation value, one includes the value of the land and the others include only the value of the structure. If a proposed rehabilitation project would not be considered "substantial rehabilitation" under any of the four (4) definitions set forth above, the CDC will have an argument that the rehabilitation is not "substantial rehabilitation" and the CDC is not obligated to restrict the rehabilitated units under Health and Safety Code Section 33334.3(f). Nonetheless, as previously discussed, this is a factual issue and there is no guarantee a court would determine that the rehabilitation is not substantial. In the event a proposed rehabilitation project would he considered "substantial rehabilitation" under one (1) or more of the four (4) definitions set forth above, that project should be restricted as provided in Health and Safety Code Section 33334.3(0. E:ACLIENTS\National CityyZapata re Low Mod Rehab.doc 6 Chris Zapata Executive Director Community Development Commission of the City of National City Page 5 In addition, if the proposed program is approved, the program will be administered by the City on behalf of the CDC. The City and, the CDC should enter into a written agreement or memorandum of understanding, setting forth the rights and responsibilities of each of them and ensuring compliance with the Community Redevelopment Law. P:ACLIENTS \National City\Zapata re Low Mori Itehah.doe 7 Sincerely, Walter F. Spath 1I1, Esq. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410.3000 OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL December 15, 2005 MEMORANDUM FOR: Kathleen Trees, Building & Safety Director, City of National City Building & Safety Department FROM: Karen Choi, Healthy Homes Representative, HUD Office of Healthy Homes and Lead Ha7nrd Control SUBJECT: On -Site Technical Assistance for Lead Hazard Control Grant CALHB0238-03 The purpose of this memo is to highlight the technical assistance points discussed during my on -site visit with you and staff on December 8-9, 2005. The visit was precipitated by your former GTR, Richard Slaten, since it was discovered that the grant has not met unit production performance goals. It was a pleasure working with you, Veronica Serrano, Program Manager, Rose Gutierrez, Case Manager, and Leticia Ayala of Environmental Health Coalition, to develop a work out strategy that will render successful accomplishments to fulfill the goals of the grant and service the overwhelming needs of the community. During the visit, I had an opportunity to review your work plan, which consisted of the rating factor responses to the NOFA, the budget and benchmark performance goals worksheets. Several additional database tracking excerpts were produced and reviewed/discussed during the visit as well. The underlying issue had to do with a misunderstanding relative to unit production goals, 110 or 410 units to receive lead hazard control, completed and cleared by the close of your grant on March 29, 2007. The budget, work plan and grant agreement are consistent in terms of the unit production goal and it is 410. As of the date of the visit, a total of fifty (50) units have been completed and cleared; an additional fifteen will be cleared by the end of December '05; approximately 50 units are currently in the production pipeline for the corning quarter, with 52 or so code enforcement units potentially eligible. Fortunately, you have five quarters or fifteen months remaining on your grant, an energetic and capable partner (EHC), a dedicated and competent staff, and the support of the City Manager. As you know, re -organizing and re -tooling to make-up for lost time is your challenge. We discussed the number of units that each partner listed in the work plan and budget, can reasonably refer and produce in any given month. At the moment, units referred and produced by Code Enforcement comprise the bulk of your productivity goals as well as matching dollars ($300, 000), since it was envisioned that owners would complete lead -based paint stabilization work themselves rather than using grant funds to do the work. Another challenge for your program is the apparent disintegration of the Community Development Commission (CDC). The CDC was slated to leverage dollars from your lead grant 8 with some $375,000 (CDBG match) for 25 rehabilitation loans to eligible families in your target area. The authorized official for the CDC signed a letter of commitment and the City's grant agreement with HUD included this match amount. The danger here is that the City is ultimately held responsible for meeting the entire match amount in the negotiated budget for the Lead Hazard Control grant. As I understand it though, the CDBG housing rehabilitation activities formerly carried out by the CDC, are transferring to Building and Safety. This will provide you with a large measure of control, or at least influence, and allow you to process lead/rehab projects once again. From my perspective, this is a win -win situation. Please keep OHHLHC updated on the status of this issue in particular. The easy part was figuring out the number of units you need to complete and clear each quarter, through the end of your grant period. They are as follows: Quarter 10, 161; Quarter 11, 224; Quarter 12, 287; Quarter 13, 350; Quarter 14, 410. There are many implications to these figures. The following bullets are suggested action items, not necessarily in any order of priority, which will assist you with achieving the agreed -upon goals. I encourage you to discuss these items with your GTR. • CONTRACTOR CAPACITY AND TRAINING NEEDS: The City currently retains only one certified lead hazard control contractor to perform work on eligible, enrolled units. MAAC is a weatherization contractor (DOE weatherization program), with lead -certified contractors who perform this work for you and the San Diego Housing Commission. The San Diego Housing Commission were recently awarded two additional lead grants from HUD OHHLHC. The likelihood that MAAC has the capacity to keep pace with your production schedule as well as with the San Diego Housing Commission's is unlikely, given their crew size and current rate of production. If your agreement with MAAC allows you to contract out the work on your own, or if MAAC will sub the lead work out to other qualified lead abatement crews, is something to explore ASAP. Mr. Frank Ballow, Project Director for the San Diego Housing Commission's Lead Hazard Control grants, has a list of qualified contractors in your area. He will also be able to share with you the contractor bid and selection process, forms and legal jargon, to give you a jump-start on this critical action item. You may also think about unit pricing, to keep costs as reasonable as possible. Ms. Yolanda Martinez, Program Manager for the City of Phoenix's Lead Hazard Control grant, is a resource for unit pricing guidelines and practical tips. Finally, if contractor capacity is a particular problem, and I suggest that you plan for the worst, you should partner with Mr. Ballow to increase the number of trained/certified contractors to meet the demand. Although you have not budgeted for lead -related skills or certification training, and your program is in high -gear compared to San Diego's, I recommend that you amend the budget to accommodate for training needs. Approximately $10,000, should tide you over until Mr. Ballow's programs are ramped up to take over this function. Other ideas that were mentioned included training sponsored by MasiMax, City of San Diego Environmental Health Services (Alan Johans). o The last item to cover under this bullet, is training homeowners or maintenance crew(s) for units brought -in through Code Enforcement. As you know, there are State and Federal requirements governing who is qualified to perform certain types of lead hazard control work, whether interim controls or (hazard) abatement. At an absolute minimum, the Lead Safe Housing Regulation says that interim control work 9 (paint stabilization) must be performed by a person trained in accordance with the hazard communication standard for the construction industry issued by the Occupational Safety and Health Administration of the U.S. Department of Labor 15 29 CFR 1926.59, and either be supervised by an individual certified as a lead -based paint abatement supervisor or have completed successfully one of the following lead -safe work practices courses: (1) a lead -based paint abatement supervisor course accredited in accordance with 40 CFR 745.225; (2) a lead -based paint abatement worker -course accredited in accordance with 40 CFR 745.225; or (3) another course approved by HUD for this purpose after consultation with the EPA. A current list of approved courses is available on the internet at www.hud.gov/offices/lead. If the risk assessment/inspection report includes hazard abatement, a certified and licensed abatement contractor must perform that work. • INTAKE/ENROLLMENT ACTIVI PIES: Ms. Ayala, of EHC, is well aware of the new demands on her and the EHC Health Promoters, a.k.a., Promotoras, with respect to marketing and intake. The unit production pipeline must be flooded with sufficient numbers of households/families to achieve the monthly and quarterly goals. Evenings, weekends and normal day -time door-to-door marketing will likely be necessary. It was even suggested that your staff risk assessor/inspector(s) accompany the Promotora(s) on off -hour visits to income -eligible households to concurrently perform the risk assessment/inspection and health education of already -enrolled families. This will reduce the number of repeat or re- scheduled visits, and streamline the production process. o Other outreach/marketing ideas (for training and unit production purposes) spawned were: magnetic advertising stickers for City vehicles; booths at WIC, Elementary School and other health -related City functions; advertising in various trade magazines, the Penny Saver, through finance and business licenses (to in -home daycare providers), classified ads in the free City news publications; PSA's on Spanish radio. • RISK ASSESSMENTS/INSPECTIONS: It is my understanding that an additional staff member is studying now to seat for the State certification examination to become a licensed Risk Assessor/Inspector. You will then have two certified risk assessor/inspectors on -staff, which is the minimum number of qualified individuals needed for such a high -volume workload. The challenge will be scheduling, since you currently own only one NITON XRF, • CONDUCTING LEAD HAZARD CONTROL WORK: The first bullet point discusses contractor capacity issues in San Diego County, possible training needs and suggestions to accommodate this critical item. We also discussed the need to re -visit Code Enforcement units that you may have missed during the production phase of this grant. Keep in mind that each unit counted in this grant must be processed in the same fashion: meets all eligibility criteria, agrees to all of the applicable Title X statutory provisions, blood -lead testing provision for children <6, risk assessment/inspection, lead hazard control work by qualified individuals that meet the Lead Safe Housing Regulation requirements and any applicable State/local requirements, occupant protection/temporary relocation, clearance, on -going maintenance. You indicated that potentially 52 such units may qualify. It may take some extra staff -resources to go back and fill-in the blanks for these particular units, even if you utilize MAAC's services for lead work, since there isn't time to train owners of these units, according to the provisions cited above. Also, although you have indicated that three other 10 entities will leverage projects with y•u and have agreed to pony -up matching funds, we wil I not concern ourselves too much with the numbers budgeted for each (25 rehab loans, 10 SDG & E Weatherization, 9 Christm:: in April, 300 Code Enforcement), but rather that the overall unit goal and match is met. • You will need to submit a grant mod fication request to your GTR for changes to the work plan, budget and key personnel. The request should include a new Benchmark Performance Standards worksheet that includes all of the necessary updates to carry you through the end of the grant (unit production and skil training). You will also need to request a modification for key personnel. I su:gest that you include yourself as Project Director, Ms - Serrano as Program Manager (or Pro:. am Coordinator), and Ms. Gutierrez as Case Manager. Include resumes for each, e percentage of time (Fib) dedicated to the grant and whether time is funded by the grant o match. A budget modification will be necessary to add a new sub -category cost item - $10,000 for skills training. Justification for these changes will be a part of your request If you need a reference point, please review Policy Guidance 2000-03 Grant Modificatio s for Lead Hazard Control Grants, available from our web site. Again, it was a pleasure to work with you, and I appreciate the hospitality extended during my visit, and I look forward to assisting you in . y way 1 can for the duration of your grant. Please contact me at your convenience. My telepho e is (213) 534-2458. cc: William Nellis, HUD O11HLI-IC Richard Slaten, HUD OHHLHC 11 National City Lead Hazard Control Program Summary National City is pleased to announce the award of a new grant from the HUD Lead Hazard Control Program. This grant will provide funds for the reduction of lead hazards in approximately 410 privately owned single - and multi -family residential units in National City where low-income children under six years old reside. Our target area is five National City inner-city neighborhoods: West Side, Bay Side, El Pueblo, Civic Center and Central City. These neighborhoods were selected because 86% of the housing stock was built before 1978 and 35% of the residents of the target area who have children under 6 are below the federal poverty level. The target area has 537 units and 1200 children that are considered high risk. The National City Building and Safety Department is the lead agency and fiscal agent for the proposed Lead Hazard Control Program, a coalition of area government, community -based, and nonprofit organizations, including as core program partners the National City Community Development Commission (CDC), Environmental Health Coalition (EHC), and the Metropolitan Area Advisory Committee (MAAC Project). Other participants include the National City Health Center, Operation Samahan Clinic, MAAC and SDG&E Energy Team weatherization programs, and Christmas in July housing rehabilitation program. National City will coordinate and administer project activities and finances, identify units, perform lead risk assessments and clearances, leverage existing housing rehabilitation resources, and monitor contract compliance. EHC will provide outreach, education, and recruitment services, perform training in lead hazard reduction cleaning and maintenance techniques, and create a public registry of lead -controlled homes. MAAC will perform the lead hazard control work. EHC will ensure that children under six referred to the program receive lead screening through the local clinics. The County Health and Human Services Agency will provide case management. EHC is a 23-year-old non-profit organization that has been involved in lead poisoning prevention education since 1987, developing bilingual Spanish -English educational materials, providing training and outreach, and conducting lead testing through a by a variety of funding sources. MAAC Project is a 35-year-old multipurpose social service agency with a focus on the Latino community. In 1992 MAAC became the first non-profit organization in California licensed to perform lead removal and weatherization services. MAAC staff is trained to conduct lead hazard control and interim control activities. In the past National City has been committed to eliminating childhood lead poisoning. In 2001, the City implemented the Housing Inspection Program that included lead inspections. The housing inspectors were trained to identify lead hazards. In addition, the City distributed paint for those tenants and owners willing to paint their homes in a lead safe manner. The City also held lead seminars and distributed brochures to let the residents know of the dangers of lead. Lead is listed as a code violation by the housing inspectors. The City will receive $2,984,152 in HUD funds to implement our Lead Hazard Control Program. Matching funds of $1,569,423 come from in -kind services from all partners. In addition, we will use code enforcement methods to enforce the California Health & Safety Code, which makes Lead paint hazards a housing code violation. Rental property owners who can afford to will be required to control the lead in their rental units. The proposed Lead Hazard Control program will provide up to $12,500 for labor and materials per single- family unit and up to $7,500 for labor and materials per multi -family unit with an additional $10,000 to control lead hazards in common areas. Over the course of the 42-month grant period, approximately 110 residential units will be treated. All tenants and owners of units undergoing lead hazard control will be provided with information on lead -safe cleaning and maintenance practices and be encouraged to attend a free hands-on workshop. 12 NATIONAL CITY WORK PLAN SUMMARY Management Plan: The Program will be overseen by Kathleen Trees, Program Director (.1 FTE) and staffed by Hector Miranda, Program Manager (1.0 FTE), and a Senior Administrative Assistant (.5 FTE). All employees at the staff level are bilingual. The Program Manager will be responsible for the day-to-day operations of the Program, development and management of sub -grantee contracts, supervision of City staff participating in the Program, developing a data collection system, ensuring that all intake forms and progress reports provide the necessary information, budget review, program evaluation, and submission of quarterly and annual reports to HUD. The Program Manager will submit the Request for Release of Funds at least quarterly. Sub -grantees EHC and MAAC Project will be required to submit monthly progress reports. The Program Manager will meet individually with the sub -grantees to evaluate progress and resolve problems as needed, but not less often than quarterly. All staff should be hired and all training and certificates obtained by April 1, 2004. STEP 1. Identify the units. There are two methods that the City will use to identify units in the target area that are suspect for lead paint. The City has a housing inspection program in place that does pro -active housing inspections (housing inspections are scheduled for all rental units in the target area). As a part of these inspections the housing inspector does a lead swab .test to get an indication of the presence of lead in the unit. The housing inspector has been trained in lead sampling techniques. Using the swab test and a visual inspection for peeling paint and the age of the structure he determines whether there is a possibility that lead is present. The City has been doing this for the past two years and has a list of 60 suspect houses. In addition, the Environmental Health Coalition (EHC) was funded two years ago to do a survey of the units in the target area. From this survey they have a list of those that tested positive for lead using a dust wipe sample. The second method we are using is public outreach. The EHC promotoras have been trained in sampling techniques and know what to look for. The EHC has also developed a program brochure to distribute. The promotoras will go door to door in the target area to let residents know about the program and the dangers of lead. In addition, the EHC will schedule monthly presentations to existing community groups. The City has existing Neighborhood Councils which meet monthly. These Councils are open to all residents in the area where they are located. In addition, they will schedule lead seminars that are specifically to inform the residents of the dangers of lead and some cleaning methods. All residents in the target area will be invited to these. The City Council is very active in the community has been letting the public know of the program and asking those who are interested to contact the City. The school district has also contacted us to give a presentation to their members. The grant was also announced in the newspapers and more media outreach will he clone in the future. STEP 2. Enroll the units. The EHC will be the lead on enrolling the units into the program. The promotoras will call or visit all suspect units and explain the program in more detail. They 13 have developed a series of forms for the owner/tenant to complete to determine their eligibility. They have also developed a system for rating the units using the criteria set forth in the application. Once the application is complete and it is determined that they are eligible the applications are returned to the City. Once the applications are returned to the City the City then completes the EIR process which involves sending all units over 50 years old first to the local Historic Board for comment, and then to the State Historic Preservation Officer. We expect to enroll 110 units. The Housing Assistant (1 FTE) will be responsible for verifying that a unit qualifies for the Lead Hazard Control Program, for developing the grant agreement between the Program and the property owner, and when included in the scope of work for a particular unit, coordinate the Lead Hazard Control grant with other available funding such as low-income loans to property owners or renters. In addition the Housing Assistant will ensuring that the testing of children under the age of six is completed and that all required notices are posted. He will also coordinate the lead hazard control, weatherization and other rehabilitation activities, ordering clearances, authorizing payments, and conducting quality control inspections on the work performed. The City will contact the landlords of all rental units that do not want to enroll that have lead present to inform them that they have lead and request them to comply voluntarily to control the lead. If they do not comply, they will be sent a NOTICE AND ORDER to comply. If they sill do not comply they will be given an administrative citation which involves fines. We expect to use code enforcement to get compliance in 300 units. STEP 3 LEAD HAZARD CONTROL Once the units are identified and qualified the risk assessment will be performed. The City has trained a risk assessor and Iead sampling technician and certified them through the State. This team will perform the risk assessment. Once the Risk Assessment is complete it will be given to the MAAC to perform the lead control. For those units that do not enroll, the owner will be referred to a list of contractors who are trained to perform the work. They will have their lead supervisor review the risk assessment and develop the work plan. The supervisor will also visit the unit when developing the work plan to assess whether or not the unit will need to apply for a low-income loan or weatherization to complement the lead control. If necessary the owner/tenant will be referred to the proper personnel to complete this process. The City will have personnel to coordinate the resources. If the occupants must be relocated, the City has contracted with Christmas in July (a non-profit) to provide housing in a unit that will be available for this use. MAAC has trained and certified 4 workers to perform the work and will be training two urban corps workers. They will schedule the work then let the City know when it is complete. The City will then perform the clearance testing. Once the unit has cleared it will be referred back to EHC so they can register it in the database of lead free units. EHC will also schedule follow-up visits with the tenant and property owner. During these visits they will be encouraged to attend lead -safe maintenance training, he provided with a maintenance plan and a visual inspection reevaluation schedule. 14 National City Healthy Homes Demonstration Program Abstract The National City Healthy Homes Demonstration Program (NCHHP) will demonstrate that by requiring regularly scheduled Healthy Homes inspections for rental units (annual or bi-annual depending on the condition of the unit) to ensure the absence of health and safety hazards prior to the rental of a unit, the number of sick or injured children will be reduced. This will in turn reduce the number of absences from schools, the number of EMT calls and ER visits due to asthma, poisoning, injuries and lead poisoning. The end result would be a savings in medical costs, and healthier, safer homes for National City families. The NCHHP will inspect 480 older deteriorating housing units where low-income children under 6 reside to assess any existing health and safety hazards and will evaluate children's respiratory health and risk of illness. The NCHHP will then repair/rehab 165 of the children's homes using grant funds. Of the total 480 units inspected, 215 rental units will be repaired using landlord resources and 93 owner occupied units using incentives. Lead hazards will be referred to the existing Lead Hazard Control Program. Our target area includes seven National City inner-city neighborhoods: West Side, Bay Side, El Pueblo, Civic Center, Central City, Olivewood, Sweetwater and Summercrest. These neighborhoods were selected because 86% of the housing stock was built before 1978 and 35% of the residents have children under the age of 6 who are living below the federal poverty level. Children under the age of 6 make up 11 % of the population and 67% of the children in the area are Latino, a traditionally underserved minority group. National City is one of three cities in the County with the largest proportion of housing units in need of rehabilitation according to the AI. Seventy-six percent of the units are rentals and a majority of those have absentee landlords. It has the lowest median household income in the county with the highest concentration of minority populations. Area statistics indicate that children in the area have the highest rate of unintentional injury deaths among ages 0-19 and the 2nd highest number of children born with low birth weight. Twenty-six percent of the Latino population does not have medical insurance. The National City Building and Safety Department is the lead agency and fiscal agent for the proposed Healthy Homes Demonstration Program, a coalition of local government, community -based nonprofit organizations, and health organizations including two core program partners: the Environmental Health Coalition (EHC), and Paradise Valley Hospital (PVH). Other participants include the National City Fire Department, Christmas in July, Metropolitan Area Advisory Agency (MAAC) Weatherization Department, the Burn Institute and a broad array of faith and community -based nonprofit organizations. National City will administer the finances and coordinate the project activities including; the identification and inspection of units, writing job specifications and bids, performing final inspections, leverage existing weatherization and rehabilitation resources and monitoring contract compliance. EHC will provide outreach, education, inspection 15 services and perform training on toxic ha services, in -home education on asthma tr illness in children. All program particip education and outreach. The Environmental Health Coalition is a organization that promotes a holistic app community and household factors that i Spanish -English educational materials, p lead testing through a variety of funding and outreach materials for the program a Paradise Valley Hospital Respiratory Car asthma education program, exclusively u licensed respiratory therapists and certifi Asthma Advocacy Program was establis education, environmental assessment an their families. The staff is comprised of mission is to create the preferred asthma National City is committed to providing City. In addition to directing the Buildin Healthy Homes Demonstration grant, the program in 2001 that included lead inspe Department received a State grant for Ho Enforcement Capital Expenditures in 20 Control Reduction grant in 2003. In 200 into the increasing number of cases on as inspections of electrical, structural, mech City will use it's code enforcement powe having their unit repaired to fix their unit We request $996,495.91 in HUD funds t grant. Our matching funds are $ 370,903 from EHC, $ 27,219.00 in -kind services Christmas in July, $1,000 in -kind service kind services from MAAC, $5,000 in -kin smoke detectors and $204,009.55 in -kind Department. In addition, we will use cod Health and Safety Code, which makes su the law. The NCHHP will leverage at le The proposed program will contact 1260 The inspection will consist of an initial E environmental hazards exist and inspect inspections by PVH to perform an in-ho ards in the home. PVH will provide inspection ggers and health care referral for respiratory is have experience in housing inspection, 5 year old nonprofit environmental justice oach to health promotion, looking at both pact health since 1987, developing bilingual oviding training and outreach, and providing ources. EHC staff will be creating education well as performing inspections. Department provides the only "in -home" ilizing respiratory therapists. The staff are d asthma educators (AE-C). The South Bay ed in 2002 and provides in -home asthma case management for asthmatic patients and ulti-racial, multi-lingual professionals whose isease management program. afe and healthy homes for the residents of the and Safety Department to apply for a FY2005 City implemented a housing inspection tions. In 2001 the Building and Safety sing Code Enforcement and for Code 3. It applied for and received a Lead Hazard the City formed an Asthma Committee to look na in the City. The City will provide housing nical, fire safety and plumbing systems. The s to require that all landlords not interested in with their own resources. implement our Healthy Homes Demonstration 78, comprised of $15,675.23 in -kind services om PVH, $43,000 in -kind services from for National City Fire Department, $75,000 in - services from the San Diego Burn Institute for services for National City Building and Safety enforcement methods to enforce the California -standard housing and lead paint a violation of t $109,000 from property owners. nits in order to identify 480 units to inspect. C contact and visual inspection to see if r roaches and carbon monoxide, then e environmental inspection for asthma triggers and the City to perform an inspection of Vie electrical, plumbing, fire safety and structure will be completed. A completed report will be sent to the landlord and 165 units that qualify will be referred for repairs using grant funds. If the unit does not qualify the owner will receive a notice to repair the unit at their own expense. All jobs will be bid. A follow-up inspection will be done to educate the tenant on the prevention of environmental hazards. EHC will provide education and outreach for the program. The City will work on an ordinance to require regular inspections for all rental units in National City and will present the program to other code enforcement groups. Costs will be kept low by training local contractors and maintenance workers and by working with the Urban Corps, a local group that performs job training for at -risk teens and by using previously developed lost cost methods of repair. 17 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 16. 2006 AGENDA ITEM NO. 40 (ITEM TITLE RESOLUTION — Approving an Amendment to the Agreement with Rick Engineering Company for engineering services related to widening and necessary improvements to Bay Marina Drive in the National City Harbor District and authorizing the Chairman to execute the Amendment. PREPARED BY David Parsons, Project Manager (619) 336-4297 DEPARTMENT ((,)1)1- Community Development Commission EXPLANATION As Rick Engineering began updating construction documents under its' existing contract with the Community Development Commission's ("CDC"), it was determined both sides of the street would require landscape improvements requiring the preparation of a landscaping plan, not originally budgeted for. The landscaping', improvements will require additional coordination and approval of the California Department of Transportation and the Califomia Coastal Commission. The proposed contract amendment will allow staff to move forward with the necessary landscape improvements to Bay Marina Drive as required by Harbor District Specific Plan. Environmental Review The proposed amendment is exempt from CEQA review. Financial Statement Under the terms of the proposed Agreement, the total fee will not exceed $112,500. Funding is budgeted and available in the 2005-06 Fiscal -Year CDC Budget, as adopted and the anticipated 2006-07 Fiscal Year CDC Budget. Account No. STAFF RECOMMENDATION Adopt the Resolution Approving an Amendment to the Agreement with Rick Engineering Company for engineering services related to widening and necessary improvements to Bay Marina Drive in the National City Harbor District and authorizing the Chairman to execute the Amendment. BOARD / COMMISSION RECOMMENDATION None (` J ATTACHMENTS 1. Background Report 2. Amended Agreement Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT In 2002, Rick Engineering Company engineered designs and specifications for widening and necessary improvements to Bay Marina Drive in the National City Harbor District. The widening and improvements were contemplated as part of the multiple redevelopment projects generally called "Marina Gateway" and were included in the Certified Environmental Impact Report for the Harbor District Specific Area Plan. As the first project, the hotel and commercial center, in the Marina Gateway complex was recently approved, implementing the street improvements is now necessary. The improvements must be in place for the hotel to be able to open its doors once built. On December 13, 2005 the CDC Board approved an agreement retaining Rick Engineering Company to complete the project designs in accordance with current standards, to obtain the necessary permits for the project, to work with San Diego Gas and Electric Company regarding undergrounding of utility lines, writing bid documents and assisting in the selection of a construction contractor for the project. Since this project has proceeded several issues have arisen, significantly changing the scope of the current contract with Rick Engineering Company. These include doubling the area of improvements and the preparation of a landscaping plan. This Agreement sets a "not to exceed" amount of $112,500 for services from the effective date until December 15, 2006. This is an increase of $39,600 from the previous contract of $72,900. The Executive Director is authorized to extend the contract for not more than twelve (12) months if necessitated by non -Contractor caused delays, for example: extended review times for outside Agencies such as the California Coastal Commission, California Department of Transportation or San Diego Gas & Electric. Environmental Impact: The widening and improvements for Bay Marina Drive were analyzed as part of the Certified Environmental Impact Report for the Harbor District Specific Area Plan, in accordance with California Environmental Quality Act guidelines. ATTACHMENT 1 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY THIS AGREEMENT is entered into this 16th day of May, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and RICK ENGINEERING COMPANY (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to complete engineering related to the widening and necessary improvements to Bay Marina Drive in the National City Harbor District. WHEREAS, the CDC has determined that the CONTRACTOR is a registered civil engineer and is qualified by experience and 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 Exhibits A and B. 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 appear at meetings cited in Exhibits A and B to keep staff and the Community Development Commission advised of the progress on the project. The CDC may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CDC and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. 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. Carl Hewings 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 Exhibits A and B shall not exceed $112,500 (the Base amount) without prior written authorization from the Executive 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 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. Completion dates or time durations for specific portions of the Project are set forth in Exhibit C, to be completed by December 15, 2006. The Executive Director shall have the authority to extend this agreement for a period of 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 this 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. 2 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. 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 employee 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. 3 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. 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, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. 4 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. 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 thereofwithout 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. 5 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. 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. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, 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 Agree- ment. H. Any aggregate insurance limits must apply solely to this Agreement. t. 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. 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. 7 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 cornpensation 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. 8 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 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 CDC: Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4397 To the CONTRACTOR: Rick Engineering Company 5620 Friars Road San Diego CA 92110-2596 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. 9 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. 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. 10 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 parry'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 CDC Legal Counsel IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT RICK ENGINEERING COMPANY OF THE CITY OF NATIONAL CITY By: Nick Inzunza, Chairman APPROVED AS TO FORM: By: John Goddard, Associate Principal By: George H. Eiser, III Roger Ball, Vice President RICK ENGINEERING COMPANY TM EXHIBIT "A" Contract Addendum Rick Engineering Company Job No. 12861-K May 1, 2006 Addendum No. 1 Page 1 of 3 Mr. David Parsons Community Development Commission of National City 140 East 12th Street, Suite B National City, California 91950 JOB DESCRIPTION: MARINA DRIVE WIDENING By signing below as indicated, Rick Engineering Company is authorized to expend an additional $39,600.00, bringing the total amount authorized as of this date to $112,500.00, to perform work in conjunction with our contract dated October 12, 2005. SCOPE OF WORK Provide additional engineering and landscape architectural services as follows: I. Landscape Architectural Preliminary Design A. Analysis and research of related requirements to the project site and other pertinent material. B. Design phase will include preliminary layout of proposed streetscape landscape construction improvements. C. Preparation of probable cost estimate of construction for the proposed landscape improvements. D. Preparation of colored conceptual landscape plan graphically indicating proposed streetscape landscape improvements, including sketch details and elevations. II. Meetings & Consultation Meeting with the City and other agencies to review design phase in support of the Community Development Commission's coordination with the Coastal Commission. RECEIVED MAY 02006 Community Development Commission CSH:sr:K:Job I, les\12861\K\Addenda'Add 1 Mr. David Parsons May 1, 2006 Page 2 of 3 III. Landscape Construction Document Ph. se Landscape construction documents c City for review and comment. Lan coordination with City and other desi A. Landscape Construction Plans B. Includes: Identifying construe finish schedule. Construction i in the conceptual landscape pla planters. Irrigation Plans Includes: Diagrammatic layout sprinkler heads and related equi out pipe and equipment sizing a details for the installation of the C. Planting Plans ntaining the following will be prepared for submittal to the scape construction document phase will include necessary team members. Details on improvements, preparation of construction details and provements will include landscape improvements indicated prepared in the design phase, such as tree grates and raised of landscape irrigation piping, valves, control equipment, ment for the irrigation of planted area, specifically calling d types, brand and model. This will also include necessary ystem. Includes: Graphic location a d identification of plant materials to be used, including quantities, sizes, varieties and pl,,nting details for site conditions. D. Specifications Includes: Material and installati Specifications shall include met workmanship for the finished pr n specifications for improvements indicated for the project. od of installation and set quality standards for materials and duct. IV. Landscaping Site Observation / Biddin. & Construction Administration Includes: Assistance with Client i bidding administration of this project. Construction administration shall include necessary addenda, change orders, site observation visits/reports and preparation of as -built drawings. V. Additional Civil Construction Documei is A. Prepare additional improvement 'lans for new curb, gutter and sidewalk for the north side of Bay Marina Drive from Harrison Avenue to Cleveland Avenue. B. Prepare additional lighting plan, for the north side of Bay Marina Drive from Harrison Avenue to Cleveland Avenue, C. Prepare additional traffic contro plans for the improvements along the north side of Bay Marina Drive noted above. CSH:sr:K:Job Files\12861\K\Addenda\Add I Mr. David Parsons May 1, 2006 Page 3 of 3 FEE SCHEDULE: I. Design Phase (Fixed Fee) II. Meetings & Consultation (Time & Materials, Not to Exceed) III. Landscaping Construction Document Phase (Fixed Fee) IV. Landscaping Site Observation/Bidding & Construction Administration (Time & Materials, Not to Exceed) V. Civil Construction Documents (Fixed Fee) All other provisions of the original contract are to remain unchanged. Authorized RICK E $ 6,400.00 $ 6,000.00 $ 9,200.00 S 3,000.00 $ 15,000.00 Total $ 39,600.00 Date: April 11, 2006 Signature: Title: Associate Principal John D. oddard, Jr., ' 33 137 Approved Date: Signature: Title: Please sign and return a copy to RICK ENGINEERING COMPANY EX-IIBIT "B" September 8, 2005 Revised: October 12, 2005 Ms. Patricia Beard Community Development Commission, City of National City 140 East 12th Street, Suite B National City, California 91950 SUBJECT: PROPOSAL FOR ENGINE RING SUPPORT FOR MARINA DRIVE BID PA KAGE (RICK ENGINEERING CO PANY JOB NUMBER 12861-K) Dear Pat: At your request, we are pleased to provide you with this proposal to provide engineering support services for the subject project. We propose to furnish the following servic SCOPE OF WORK s for the compensation listed below. 1. Provide engineering and computing support to revise construction drawings to show the proposed alignment of the driveway into the proposed Marina Gateway Hotel site on the improvement plans and revise the curb return profiles. 2. Provide engineering and computing upport to revise construction drawings showing the traffic signal plans at Cleveland venue and Marina Drive. 3. Provide engineering and computing upport to revise construction drawings showing proposed traffic control to reflect the ew driveway location noted above. Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 2of16 4. Provide engineering support to coordinate with Caltrans regarding the existing encroachment permit for the subject project. This assumes Caltrans will update the expired permit with no revisions. 5. Provide engineering support to coordinate with SDG&E regarding the proposed undergrounding of overhead utilities for the subject project. 6. Prepare an Opinion of Probable Construction Costs for the plan prepared for the widening of Bay Marina Drive. 7. Storm Water Pollution Prevention Plan (SWPPP) A. Prepare a Notice of Intent (NOI) and provide to Client for execution and submittal to the State Water Resources Control Board (SWRCB). Client to provide submittal fee. B. Prepare one SWPPP based on the information presented in the SWRCB Order No. 99-08-DWQ National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 (adopted August 19, 1999). The SWPPP will include the following: 1) Vicinity Map using GIS. 2) Exhibits showing existing and/or proposed grading, on -site erosion control measures, areas of cut and fill, major drainage patterns, points of discharge, existing and ultimate impervious areas, vegetated areas (existing), and post - construction Best Management Practices (BMPs). Three exhibits will be prepared which address the requirements of the SWPPP as follows: (a) Temporary BMPs for precise grading. (b) Post -construction BMPs. 3) A narrative description of the project; including size, areas by percent of impervious surfaces prior to and after completion of construction, corresponding runoff coefficients, assessment of potential pollutants of concern, construction practices to reduce pollutants, soils stabilization practices, desilting practices and post -construction BMPs. 4) A copy of the NOE and Waste Discharge Identification Number (WDID) for the project. I Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 3of16 5) Procedures to monitor, maintain and repair erosion and sediment control structures and post -construction BMPs. 6) Guidelines to train personnel to monitor and conduct inspections. 7) A copy of separate forms for amendments to the SWPPP, compliance certification, training logs, inspection checklists, contractors and/or personnel responsible for the compliance and implementation of the SWPPP. 8) A copy of the NPDES Permit, Change of Information (COI) form, Notice of Termination (NOT) form, and excerpts from the California Regional Water Quality Control Board San Francisco Bay Region Erosion and Sediment Control Field Manual, Fourth Edition, August 2002. C. Provide coordination with the Client to obtain information necessary for completion of the SWPPP (ie, soils report information, drainage study and drainage map, owner information, site information, construction materials information, post-BMP information, etc.). D. Prepare a Storm Water Sampling and Analysis Strategy (SWSAS) based on the information presented in the Fact Sheet for Water Quality Order 99-08-DWQ, SWRCB, NPDES General Permit for Storm Water Associated with Construction Activity (General Permit): Sampling Analysis. 1) The SWSAS will identify storm water monitoring locations based on the assumed completion of grading, surface improvements, and drainage improvements pursuant to existing plans for grading and improvements. During all other interim conditions of project construction, the contractor will be responsible for determining and identifying on the SWSAS Location Map the locations where storm water leaves the site and where samples will be collected. 2) The SWSAS will include the following: a) List of objectives and narrative description regarding methods to meet objectives. b) List and description of sampling locations (included on the SWSAS Location Map). c) List of monitoring analytes and specific sampling requirements for the monitoring of analytes. 8 Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 4 of 16 d) Description of field sample collection methods. e) Description of possible visual observation of sample and source. f) Recommendations for quality assurance and quality control of samples. g) Description of reporting requirements. h) Sample collection record -keeping worksheets to include: (i) Sampling event records; (ii) Checklist of sampling equipment; (iii) Visual observation checklist. i) Identification of storm water monitoring locations from grading/ improvement plans / drainage study map. E. Provide services to attend one four-hour on -site SWPPP/SWSAS training session for contractor and owner and applicable on -site personnel. This training will include SWPPP/SWSAS implementation as well as other issues related to the Construction Storm Water General Permit. 8. Review Analytical Results Perform one review of the analyitical results provided by the Client from the Client's anlayitical laboratory after a storm event. Contact the analytical laboratory to resolve quality assurance /quality control issues, which may arise during the review of anlayitical results. Discuss results with the Owner or Contractor. Prepare a letter to the Client summarizing review of analytical laboratory results. This excludes summarizing any corrective actions performed by the Client as a result of Rick Engineering Company's review of analytical laboratory results. Annual On -Site Training Provide services to attend one annuarl on -site SWPPP/SWSAS training session for Contractor and Owner. Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 5 of 16 10. Miscellaneous Servies Associated wit the SWSAS Provide assistance to Client and contra ctor in implenenting required actions in response to analayitical results (this item inclues services required for field visits, preparation of corrective action reports, and proces ing of reports with the Regional Water Quality Control Board (RWQCB) or other ag ncies. 11. Change of Information (COI) If required, complete a Change of nformation (COI) form pursuant to information provided by the Client to Rick Engi eering Company regarding selling, acquisition of property or when a phase within a m lti-family phase has been completed as it pertains to the Notice of Intent (NOI). 12. Notice of Terminiation (NOT) Prepare a Notice of Termination (N 13. Bid Documents Provide engineering support to upda e bid documents based on the revised boilerplate provided by CDC on August 16, 200., and repackage bid sets for contractors. 14. Construction Support Provide engineering support for construction administration on behald the Community Development Commission (CDC) to include the following: A. Bidding & Negotiation Phase Assist the CDC with the publi bidding of the improvement package. Services to include the following: 1) Attend pre -bid meeting. 2) Interpret and clarify bid i ocuments. 3) Review contractor bids. Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page6of16 B. Construction Phase Provide construction support services to the CDC for all portions of the proposed improvements. Services to include the following: 1) Interpret/clarify construction documents for processing Requests for Information (RFI's) for concrete, asphalt, base materials, lighting, signal equipment, storm drain pipe and structures and landscaping and irrigation materials and equipment. 2) Distribute plan revisions. 3) Review of change order requests and prepare change order cost estimates. 4) Attend project status meetings and other requested meetings. 5) Perform general site observations. 6) Review/process show drawings and test reports. 7) Coordinate wet and dry utility and landscape and irrigation subconsultants. C. Project Closeout Phase Prepare and process through the City of National City as -built plans for the improvements. As -built plans will be based on a field site visit and on the construction records provided by contractors, subconsultants and public agencies. FEE Our fee for the above -described work would be on a time and materials basis per our current Schedule of Hourly Rates (attached) not to exceed the amount shown without your prior authorization. For progress billing purposes, the labor fee shall be divided as follows: 1. Driveway Alignment Construction Drawings $ 3,500.00 2. Traffic Signal Construction Drawings $ 8,000.00 3. Traffic Control Construction Drawings $ 1,000.00 4. Encroachment Permit $ 5,000.00 5. Coordination with SDG&E $ 5,000.00 Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 7 of 16 6. Opinion of Probable Construction Co $ 1,000.00 7. Storm Water Pollution Prevention Pl.n (SWPPP) $ 8,000.00 8. Review Analytical Results $ 1,000 per Storm Event 9. Annual On -Site SWPPP Training $1,000 per Training Session 10. Miscellaneous Services Associate wi h the SWSAS Time & Materials 11. Change of Information (COI) Time & Materials 12. Notice of Termination (NOT) Time & Materials 13. Update Bid Documents $ 2,500.00 14. Limited Construction Administration Support A. Bidding & Negotiation Suppo $ 4,250.00 B. Construction Phase $ 28,240.00 C. Project Closeout $ 6,410.00 Total: $ 72,900.00 EXCEPTIONS Not included in either the above scope o work or fee are services which may be necessary for the following items: 1. Changes in the scope of work direct and authorized by the Client, in writing, after the start of work. 2. Environmental work of any nature. 3. Inspection services. 4. Job site safety services. 5. Preparation of a Post -Construction S onn Water Operation and Management Plan. Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page 8of16 6. Pre-, Post- and During Storm Event Inspections. (It is assumed that the superintendent will perform these inspections/reports.) 7. Meetings or consultation outside the above scope of work. 8. Collection of storm water samples. 9. Selection of, and coordination with analytical laboratory other than as specifically set forth above. 10. Amendments based upon new guidance or interpretation of regulations. 11. Soils engineering services. 12. Preparation of revisions to landscape and/or irrigation plans. 13. Preparation of revisions to electrical plans. 14. Construction adminstation for landscaping and irrigation and electrical plans. 15. As -built preparation. 16. Construction staking. Any printing and miscellaneous processing fees are extra and not a part of this agreement. Also not included are any items not specifically referred to above. Fees and expenses will be billed monthly as the work progresses and the net amount shall be due within thirty (30) days from the date of receipt of the invoice in the Client's office. The enclosed Standard Provisions of Agreement are incorporated herein and made a part of this agreement. If notice is delayed for any reason beyond sixty (60) days, it is understood by the parties that the terms and conditions contained herein are subject to revision. Ms. Patricia Beard September 8, 2005 Revised: October 12, 2005 Page9of16 If you would like us to proceed on this w and return this agreement as our written au If you have any questions regarding this a directly. Thank you for requesting Rick E Sincerely, RICK ENGINEERING COMPANY John D. Goddard, Jr. Associate Principal RCE 33037 JDG:CSH:sr:K:Proposals\ arina Drive Attachments APPROVED BY: Signature rk as outlined above, we ask that you please sign horization. eement, please contact either Carl Hewings or me gineering Company to provide these services. Date EXHIBIT "C" Proposed Bay Marina Drive Widening Schedule Task Start Duration Finish Update Construction Documents Notice to Proceed — 5/17/06 1 Month 6/15/06 Agency/City Review 6/15/06 1 Month 7/15/06 Public Bid Period Phase 7/15/06 1 Month 8/15/06 Construction Phase 8/15/06 3 Months 11/15/06 Project Close -Out 11/15/06 1 Month 12/15/06 These dates are tentative and dependent upon receiving the required approvals and authorization from regulatory agencies such as the California Department of Transportation, California Coastal Commission and San Diego Gas & Electric. RESOLU RESOLUTION OF THE COMMISSION OF T AUTHORIZING THE CHAIRMA THE AGREEMENT WITH RI ENGINEERING SERVICE NECESSARY IMPROVE IN THE NATIONAL WHEREAS, the Community National City Redevelopment Plan including complex in the National City Harbor District; WHEREAS, the Community current agreement with Rick Engineering services related to widening and necessary Marina Gateway complex development; and WHEREAS, the widening a were required by and analyzed in the Ce District Specific Area Plan. NOW, THEREFORE, BE IT Commission of National City hereby authori. agreement with Rick Engineering Compan necessary improvements to Bay Marina agreement is on file in the office of the City ATTEST: i PASSED and ADOPTED this Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ION NO. 2006 — COMMUNITY DEVELOPMENT E CITY OF NATIONAL CITY TO EXECUTE AN AMENDMENT TO K ENGINEERING COMPANY FOR RELATED TO WIDENING AND ENTS TO BAY MARINA DRIVE CITY HARBOR DISTRICT Development Commission is implementing the the development of the Marina Gateway mixed -use nd Development Commission desires to amend the Company employing it to complete engineering improvements to Bay Marina Drive to support the d necessary improvements for Bay Marina Drive ified Environmental Impact Report for the Harbor RESOLVED, that the Community Development es the Chairman to execute an amendment to the for engineering services related to widening and rive in the National City Harbor District. Said Ierk. 6th day of May, 2006. Nick Inzunza, Chairman City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 16, 2006 AGENDA ITEM NO 41 ITEM TITLE Request from Highland Park LLC for approval of an assignment of the Disposition and Development Agreement (DDA) for the Highland Park Homes Project to Cornerstone Building Group. PREPARED BY Xavier Del Valle Senior Project Manager DEPARTMENT Community Development Commission EXPLANATION Highland Park LLC was unable to fulfill the obligations to the Disposition and Development Agreement (DDA) that was approved for development of the site formerly known as the Purple Cow. As a result, they are now requesting that the CDC assign the DDA to Cornerstone Building Group. Highland Park's attorney has sent the attached letter explaining Highland Park's request, and the Cornerstone Building Group proposal. This requested assignment, hence the new developer, would not be subject to the new guidelines for developer selection recently adopted by the CDC Board. As you are aware, based on Highland Park's failures to perform, the CDC served them with a notice of default, intent to terminate, and intent to reenter and revest title to the site as provided for under the DDA. The time to cure the default has passed, and has not been cured. Staff does not support approval of the assignment. Environmental Review The proposed assignment is exempt from CEQA review. Financial Statement Staff time and resources shall be necessary to either process the Assignment, or continue the process of terminating the DDA and exercising the CDC's option to reenter and revest title to the Purple Cow site. If the latter occurs, the DDA specifies that the developer may be entitled to reimbursement of costs incurred for the acquisition and development of the Purple Cow site. Account No. STAFF RECOMMENDATION CDC not approve an Assignment of the DDA for the Highland Park Homes Project to the Cornerstone Building Group. BOARD / COMMISSION RECOMMENDATION 1,ATTACHMENTS 1. Letter from Mr. Konold dated May 4, 2006 L2. Cornerstone Building Group Proposal dated May 4, 2006 Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGR On April 15, 2003, the CDC approved a Dis Highland Park LLC for the development of 1 the Purple Cow (near Highland Avenue and with the requirements of the DDA, and could project. As a result, the developer is now see Building Group. Based on Highland Park's i of default, intent to terminate, and intent to under the DDA. The following is a summary • April 15, 2003 CDC approves DD homes UND REPORT osition and Development Agreement (DDA) with single-family units on the site formerly known as ucky Lane). The developer was unable to comply not secure the necessary financing to complete the ing an assignment of the DDA to the Cornerstone ability to perform, the CDC served them a notice eenter and revest title to the site as provided for f the facts: to develop Purple Cow site into 16 single-family • May 20, 2003 Developer submits ubdivision application to Planning Department • December 2, 2003 Council approves to tative map • February 2004 Groundbreaking ce -mony • November 16, 2004 CDC grants develo ,er an extension of time to obtain an easement and to begin grading by 1 ebruary 16, 2005 (1st extension) • February 16, 2005 Developer fails to eet grading deadline. • April 12, 2005 CDC grants anothe extension to developer. Grading to begin by June 16, 2005. Construction is to be completed by February 16, 2006. (2" extension) • June 16, 2005 Developer fails to eet grading deadline. • December 2, 2005 Tentative map expi es. Developer did not request an extension of map. • December 2005 • January 12, 2006 Developer informs to complete project. the DDA to anothe DC staff they cannot secure necessary financing Developer raises idea of possible transfer of party. Developer meets ith CDC staff to discuss their idea of transferring DDA to Mike Naj -ra of Cornerstone Development. Developer does not provide any formal request or drafted Language regarding any proposed amendme ts. • February 15, 2006 CDC learns that de eloper has opened escrow with Cornerstone Building Group for the Purple Cow site. CDC did not authorize this transaction. • February 16, 2006 Developer fails to complete (or ever start) construction, as required under the extension of the DDA. • February 17, 2006 Developer meets with CDC staff. Staff informed developer that expired TM cannot be revived. • March 29, 2006 CDC staff serves developer with Notice of Default, Intent to Terminate and Intent to Reenter and Revest title. • April 3, 2006 Developer signs receipt for the Notice of Default. 30-day time to cure starts. • April 18, 2006 CDC staff receives letter from developer's attorney requesting approval of assignment. • May 1, 2006 CDC staff met with developer, developer's attorney, and third party to whom developer desires to assign DDA. Developer reminded that 30th day to cure default expires May 3, 2006. Developer indicates it will move forward with request to Board to approve assignment. • May 3, 2006 Time to cure expires. • May 4, 2006 Highland Park's attorney submits letter outlining their request for the assignment and submits Cornerstone Building Group's Proposal. Staff does not support approval of an assignment of the DDA to another development entity. This requested assignment, would not be consistent with the CDC's recently adopted policy regarding developer selection to provide a transparent process. In addition, under the proposed assignment, the new developer would not undergo the due diligence review, as the new policy requires. ITEM #42 5/16/06 COMMUNITY DEVELOPMENT COMMISSION - BUDGET DELIBERATIONS (CDC/ FINANCE)