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HomeMy WebLinkAbout2007 04-17 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — April 17, 2007 — 6:00 P.M. irirammumminimigaromm 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. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison 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 (619) 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 interpretacibn en espanol se proporciona durance sesiones del Consejo Municipal. Los audibfonos estbn disponibles en el pasillo al principlo de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.clnatlonal-city.ca.us CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 4/17/07 Page 2 PRESENTATIONS Employee of the Month Program 1. Mauro Nebreja, Civil Engineering Technician (March 2007) 2. Beatrice Gonzalez, Senior Office Assistant (April 2007) CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 3. Approval of the minutes of the Regular City Council/Community Development Commission Adjourned Meeting of March 6, 2007 and the Regular Meeting of March 20, 2007. (City Clerk) 4. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 5. Resolution of the City Council of the City of National City authorizing the City Engineer to execute change order number one for the PMA/ILWU Remodel Project with Steven's Construction in the amount of $27,331 for various necessary design modifications due to unforeseen conditions discovered during the remodel of the former public library building. (Engineering) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 4/17/07 Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City approving a Master Agreement for the renewal of existing administrating Agreement Agency -State Number 11-5066R with the State Department of Transportation for the City's future federal -aid projects and authorizing the City Engineer to execute the Agreement. (Engineering) 7. Resolution of the City Council of the City of National City approving a Master Agreement for the renewal of existing administrating Agreement Agency -State Number 00013S with the State Department of Transportation for the City's future State funded projects and authorizing the City Engineer to execute the Agreement. (Engineering) 8. Resolution of the City Council of the City of National City denying a Tentative Subdivision Map and Zone Variance for the proposed subdivision of the Van Linn Apartments (48 rental units) to twelve individual parcels at 1904-1934 K Avenue and 1905-1935 J Avenue. Applicant: Westone Management Consultants. (Case File No. S-2006-13 and Z-2006-7) (Planning) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement between the City of National City and the California State Coastal Conservancy pertaining to a grant for the construction of Paradise Creek Education Park. (Community Services) 10. Resolution of the City Council of the City of National City waiving the bid process and awarding a contract to AT&T for a Calnet Opt-E-Man system for Internet connectivity for +/-120 computers in the Library in the amount of $5,150 for installation and $2,470/month for maintenance using State Grant and matching funds. (Purchasing/Library/MIS) 11. Resolution of the City Council of the City of National City approving the transfer of funds from the Undesignated Fund Balance Account to the Personnel Compensation Account in an amount not to exceed $22,000 in support of a one-time incentive payment for certain employees in the Confidential Group. (City Manager) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 4/17/07 Page 4 CONSENT CALENDAR (Cont.) 12. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the San Diego Unified Port District for Police, Fire and Emergency Medical Services. (City Manager) 13. WARRANT REGISTER # 36 (Finance) Ratification of Demands in the amount of $1,479,005.86. 14. WARRANT REGISTER # 37 (Finance) Ratification of Demands in the amount of $660,563.20 15. Neighborhood Council's Monthly Report for March 2007. (Community Services) PUBLIC HEARING 16. Public Hearing — Modification of a Tentative Subdivision Map to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue. (Applicant: Christie Redder) (Case File No. S-2006-7) (Planning) ORDINANCE FOR ADOPTION 17. An Ordinance of the City Council of the City of National City amending Title 11 of the National City Municipal Code by adding Chapter 11.34 pertaining to truck idling and parking maneuvers near a school or residence. (City Attorney) NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National City amending City Council Policy #801 in regards to Recreational Field and Facility Rules and Regulations. (Community Services) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 4/17/07 Page 5 NON CONSENT RESOLUTIONS (Cont.) 19. Resolution of the City Council of the City of National City amending City Policy #804 in regards to City support for special events. (Community Services) 20. Resolution of the City Council of the City of National City to approve an Amendment in the amount of $14,700 to the existing MAXIMUS fee study contract. This fee study is designed to adjust the City's fee schedule to recover cost of service provided by our staff. (Building & Safety) 21. Resolution of the City Council of the City of National City consenting to and calling for a Joint Public Hearing with the Community Development Commission of the City of National City on the proposed 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project, extending the eminent domain time limit of the plan in the existing project area, revising Exhibit D to exclude all residential land uses, revising the Transportation Center Section and revising Exhibit C — Public Facilities and Infrastructure. (Community Development Commission) NEW BUSINESS 22. Notice of Decision — Planned Development Permit to construct a single- family residence on a lot containing an existing residence at 2901 Leonard Street. (Applicant: Roy Di Stefano) (Case File No. PD-2006-4) (Planning) 23. Temporary Use Permit — National City Public Library's 21st Annual Chili & Salsa Cook -Off at 1401 National City Blvd. on May 19, 2007 from 10:00 a.m. to 3:00 p.m. This is a National City sponsored event. (Building & Safety) 24. Temporary Use Permit — Philippine Fair & Parade at Kimball Park on June 9, 2007 from 8:00 a.m. to 6:00 p.m. (Building & Safety) **Continued from Council meeting of 4/3/07** CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 4/17/07 Page 6 NEW BUSINESS (Cont.) 25. Temporary Use Permit — Lions Club Annual Independence Day Camival/International Parade & Fair at Kimball Park from June 29, 2007 to July 4, 2007. (Building & Safety) **Continued from Council meeting of 4/3/07** 26. Report on Regulation of cellular antenna facilities. (City Attomey/Planning) 27. Scheduling Finance Committee Review of the Fiscal Year 2007-08 Annual Budget. (City Manager) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 28. Ratifications of Expenditures of the Community Development Commission: Expenditures for the Period of 03/17/07 through 04/04/07 of $1,070,247. (Community Development Commission/Finance) NEW BUSINESS 29. Update on the revised proposals for the Feasibility Study of a Harbor District Industrial Park suitable for the relocation of potential non -conforming uses within the City of National City's Westside Specific Planning Area and a report on the comprehensive approach to implementing the Westside Specific Plan. (Community Development Commission) 30. Report: Update on the Manna Gateway redevelopment. (Community Development Commission) 31. Report to City Council regarding the creation of an Art Center in the former library building and requesting that staff be allowed to proceed with drafting a lease agreement with the San Diego REP Theater Company to use the space as the first step in the Art Center creation. (Community Services) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 4/17/07 Page 7 NON CONSENT RESOLUTIONS 32. Resolution of the Community Development Commission of the City of National City authorizing the Executive Director to execute an Agreement with Katz Architecture in the amount of $84,000 to design and prepare bid documents for the renovation of the former public library building. (Engineering) 33. Resolution of the Community Development Commission of the City of National City consenting to and calling for a Joint Public Hearing with the City Council of the City of National City on the proposed 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project, extending the eminent domain time limit in the existing project area, revising Exhibit D to exclude all residential land uses, revising the Transportation Center section and revising Exhibit C — Public Facilities and Infrastructure. (Community Development Commission) 34. Resolution of the Community Development Commission of the City of National City approving circulation and public review of the Draft 2007 Amendment to the amended Redevelopment Plan for the National City Redevelopment Project, extending the eminent domain time limit of the plan in the existing project area, revising Exhibit D to exclude all residential land uses, revising the Transportation Center section and revising Exhibit C — Public Facilities and Infrastructure. (Community Development Commission) STAFF REPORTS 35. Quarterly Report — January 1, 2007 — March 31, 2007 (Fire) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — May 1, 2007 - 6:00 p.m. — Council Chamber - National City, California TAPE RECORDINGS OF EACH CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CI,ERK'S OFFICE ITEM #1 City of National City Human Resources Department 140 East 12'h Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 4/17/07 RE -SCHEDULE OF MARCH RECOGNITION MEMORANDUM April 4, 2007 1'0 FROM SUBJECT Chris Zapata, Cit}' Manager Stacey Stevens EMPLOYE man Resources Director HE MONTH PROGRAM 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 Engineering Department to be recognized for the month of March 2007 is Mauro Nebreja, Civil Engineering Technician. Mauro has been re -invited to attend the Council meeting of Tuesday, April 17, 2007 and be recognized for his achievements and service. xc: Mauro Nebreja Stephen Kirkpatrick, City Engineer Councilmemher Natividad Human Resources Office File SS:lgr Performance Recgenuien Pro,'iim (3) ® Recycled Paper City Of National City Performance Recognition Award Nomination Form I nominate Mauro Nebreia for the Performance Recognition Award for the following reasons: Mauro came to the city in June of 2004. Shortly after being hired, he recognized a need to computerize data. Budget restraints prohibited our Department from purchasing the much -needed computer software. Mauro took it upon himself to enroll in a local ROP class where he learned the fundamentals of Microsoft Access programming. During his limited available time at work and countless hours at home, he created the Engineering Department Data Tracking System. On March 1, 2007 we began implementing this system as an interim measure to computerizing data in our department. Mauro's efforts have simplified tasks for the Engineering Department Staff; making information more readily available and thereby enhancing service to the public and to other departments. Mauro's initiative and dedication to this project shows that he is truly an exemplary employee. FORWARD COMPLETED NOMINATION TO: City Of National City Human Resources Department Nominated by: Stephen M. K. kpatr' k Signature: Date: Z - i4 - O ITEM #2 4/17/07 City of National City Human Resources Department 140 East 12'" Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM April 4, 2007 TO Chris Zapata, City Manager FROM Stacey Stevenson, I Inman Resources Director SUBJECT EMPLOYEE OF THE MONTH PROGRAM 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 April 2007 is Beatrice Gonzalez, Senior Office Assistant. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, April 17, 2007, to be recognized for her achievement and service. Attachment cc: Beatrice Gonzalez Adolfo Gonzales, Chief of Police Mike Harlan, Sergeant Councilmember Natividad Human Resources — Office File SS:Igr Performance Recognition Program (2) es Li Recycled Paper City of National City Performance Recognition Award Nomination Form I nominate Beatrice Gonzalez, Senior Office Assistant, Police Department for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Senior Office Assistant Beatrice "Bea" Gonzalez has worked for the City of National City for the past 17 years, most of which has been in the Police Department's Investigations Division. In addition to her receptionist and secretarial duties, Bea alone coordinates the police department's computerized criminal case management system and completes many lengthy transcriptions needed for major criminal cases. Bea also makes sure that all the arrest report packages are sent to the District Attorney's office in a timely manner so offenders are successfully prosecuted. Bea also maintains all the office supplies and unit funds that are needed for the Investigations Division. Despite her busy schedule, Bea always finds the time to buy birthday cakes and cards for our employees, as well as setting up rooms for meetings and decorating for special occasions. Bea's outstanding work performance is what allows the police department to function smoothly and efficiently, as well as making the working environment one that our employees look forward to coming to work for each day. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Sql. e Harlan, Special Assistant to the Chief of Police Signature: Date: April 4, 2007 ITEM #3 4/1 7/07 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION ADJOURNED MEETING OF MARCH 6, 2007 AND THE REGULAR MEETING OF MARCH 20, 2007. (CITY CLERK) ITEM #4 4/17/07 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Della — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption . It is recommended that the City Council approve the following motion as part. of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 17, 2007 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to execute change order number one for the PMA/ILWU Remodel Project with Steven's Construction in the amount of $27,331 for various necessary design modification due to unforeseen conditions discovered during the remodel of the former public library building. PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering EXT. 4383 EXPLANATION The remodel of the old library meeting in accordance with the lease agreement for the PMA/ILWU is nearing completion. The project has been fairly successful, but as is the case when remodeling, there have been several unforeseen conditions discovered resulting in the need for modifications to the design and/or extra work. There are 11 components to change order number one totaling $27,331. Each cost has been negotiated with the contractor and represents a cost similar to what would have been received had these items of work had been identified on bid day. Attached to this report is the change order cover sheet indicating the work, the negotiated cost for the work, and the explanation of why the change is necessary J Environmental Review X N/A MIS Approval Financial Statement Funds are available in Project Account No. 189-409-500-598-1584. Approved By: �G , - ;i) Finance Director Account No STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMEDATION ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Change Order Number One sc A-200 (Rev. 7103) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO. ONE FOR THE PMA/ILWU REMODEL PROJECT WITH STEVENS CONSTRUCTION IN THE AMOUNT OF $27,133 FOR VARIOUS NECESSARY DESIGN MODIFICATIONS DUE TO UNFORESEEN CONDITIONS DISCOVERED DURING THE REMODEL OF THE FORMER PUBLIC LIBRARY BUILDING WHEREAS, on December 19, 2006, the City Council adopted Resolution No. 2007-267 awarding a contract to Stevens Construction in the amount of $360,000 to perform the work required by the National City Library remodel for the PMA/ILWU Project; and WHEREAS, various necessary design modifications in the amount of $27,133 are now necessary due to unforeseen conditions discovered during the remodel of the former library building. 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. One for the PMA/ILWU Remodel Project with Stevens Construction in the amount of $27,133 for various necessary design modifications due to unforeseen conditions discovered during the remodel of the former public library building. PASSED and ADOPTED this 17th day of April, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONTRACT CHANGE ORDER TO (Contractor): Stevens Construction Co. 125 East 17th Street National City, California 91950 A Change Order DESCRIPTION 1. FF#002: 2. FF#006: 3. FF#007: 4. FF#005: 5. FF#009: 6. FF#011: 7. FF#012: S. FF#013: 9. FF#014: 10. FF#016: 11. FF#018: 12. FF#021: 13. FF#023: C/O Number. 01 C/O Initiation Date: P . • ; G Li e Project: is hereby reconunended for the following work in the amount identified in this document: OF CHANGES: Added Door/Hardware at Opng. 115B. Revised Exterior Door/Frame/Hardware$ 2,653.00 Re -Framing of Existing Ceiling System for New Light Fixtures $ 2,799.00 Required Plumbing Routing Revisions and Added Access Panels $ 3,823.00 Use of "Green Board" in Lieu of Cement Backer Board < $ 400.00�. Restroom Ceiling Demolition and Re-Framing/Drywall Ceiling .$ 2,030.00 Demolition of Existing Recess Doors $ 1,056.00 Add R-19 Insulation in Rms. 100-110 and Rms 112 and 113 $ 3,390.00 Add to Match Wall Texture Finish $ 2,977.00 Additional Required Repairs to Existing Roof $ 3,100.00 Replace 3 Existing Windows at Mtg. Room Due to Etching/Scratches $ 1,928.00 Added Concrete Slab Requirements not included in Original Plans $ 3,000.00 Additional Floor Prep for VCT Flooring $ 600.00 Tenant Requested Frosted Glass at Reception Desk $ 375.00 REASON FOR CHANGE: Required Structural, Utilitys, Electrical and Architectural Modifications and Revisions. COST gECONCILIATION: TWENTY SEVEN THOUSAND THREE HUNDRED and THIRTY-ONE DOLLARS & 00/100: $ 27,331.00 Costs were reviewed by the Construction Manager and the City and negotiated to the satisfaction of the City. The foregoing increase in price is in full settlement of all entitlements directly or indirectly arising out of this change. Construction Contract Accounting Summary: The Original Contract Amount $ 360,000.00 Net change by previously authorized Change Orders $ 0.00 Revised Contract Amount due to previous Change Orders $ 360,000.00 With this Change Order request the Contract amount increases by $ 27,331.00 New Revised Contract Amount $ 387,331.00 Change in Contract 'Time: Zero (0) Calendar days Contract Completion Date: April 12.2 Recommende CONS J .TION ' ► G6i2 f d ., inc. Martin Gabey; Sr. Ject Maki PROJECT ARCI IITECT REPRESENTATIVE Anthony Damon (Jeff Katz Architecture) Approved by: CONTRACTOR / Stevens Construction Mark Stevens; ('resident OWNER/ City Of National City Steve Kirkpatrick; City Engineer S 07;7 DATE DATE LATE DATE rage oft Martin Gabey From: mark stevens fstevenszuz@sbcglobal.nct] To: Martin Gabey Cr: Subject: Proposed Change Order Pricing Attachments: Sent:Tue 3/13/2007 9:30 AM This is our proposed change order amount for the additional door and panic devices: 3'0" x 7'0" 1CD Frame, WD Door, Lock, Hinge and Stop (Room 115) $570,00 Panic device to three ext. openings (less price for the locksets) $2,248.00 Credit for frames #11 IA and 112A and labor to install both-$341.00 Subtotal $2,477.00 Overhead and Profit $123.85 Subtotal $2600.85 Bond Premium 52. Total JP omv rf httnF//www (l-hires' r/Im/PYrh;lnor/\1(i;1hPV/lT,),r, 1/11/)(1(1-1 DATE: 3/30/07 COST BREAKDOWN - Form IIIA Field Flle Number 2 CONTRACTOR NAME: STEVENS CONSTRUCTION National City Library Remodel DESCRIPTION OF WORK: Add Door and Hardware at Opening 115E DESCRIPTION UNIT LABOR EQUIP AMT COST COST HRS RATE COST COST ADD 72"x42" KD window fr. 1.00 180.00 180.00 3'x7' KD frame, WD dr. 1.00 570.00 570.00 Panic device to 3 ext. 1.00 2248.00 2248.00 Credit for frames 1.00 (341.00) (341.00) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 180.00 570.00 2248.00 (341.00) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTALS 2657.00 0.00 2657.00 Contractor's Overhead and Profit 132.85 E3ond Premium 55.80 L.r^,ti 5.65 TOTAL NLT C.O: T 3 , 0a/12'2007 10:08 FAX 8192581756 Commercial upenings U Commercial Openings, Inc. "competent Door Installations and Material Servic CHANGE ORDER #1 THIS CHANGE ORDER REPRESENTS CHANGES MADE BY THE PERSON THAT SIGNED _LOW ALL COSTS INCURRED WILL BE ADDED TO THE ORIGINAL CONTRACT AMOUNT. JOB NAME: NATIONAL CITY LIBRARY Date: 03/06/07 OUR JOB #: 06-1876 CONTRACTOR: STEVENS CONST. Attn: MARK Fax# 619 477-7895 FROM: BILL RILEY CHANGE ORDER DESCRIPTION: ADD 72" X 42" KD WINDOW FRAME $180.00 ADD 3'0" X 7'0" KD FRAME, WD DOOR, LOCK, HINGE AND STOP ( ROOM 115) S670.00 ADD PANIC DEVICE TO THREE EXT. OPENINGS (LESS PRICE FOR THE LOCKSETS) $2,248.00 CREDIT FOR FRAMES # 111A AND 112A AND LABOR TO INSTALL BOTH-$341.00 PRIOR TO ANY MATERIALS BEING PROCURED AND OR WORK TO PROCEED THIS CHANGE ORDER MUST BE SIGNED. CHANGE ORDER COST: $2,857.00 APPROVED BY: PRINTED NAME: DATE: Lic. 0 8/8161 8830 Argent Street, Suite A Santee, CA 92071 (619) 25B-1,03 FAX (619) 258.1756 www.coduurs.corn DATE: 3/30/07 COST BREAKDOWN - Form ILIA Field File Number 16 CONTRACTOR NAME: STEVENS CONSTRUCTION National City Library Remodel DESCRIPTION OF WORK: Exterior Window Scratching Repairs UNIT LABOR EQUIP DESCRIPTION AMT COST COST HRS RATE COST COST ADD Subcontractor Bid 3.00 594.06 1782.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1782.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0 00 SUBTOTALS 1782.18 0.00 1782.18 Commercial General Liability and Property Damage Insurance, Workers' Compensation, FICA, and UI 17.82 Contractor's Overhead and Profit 00.00 Bond Premium TOTAL I1I.T COS' ,.tE3-28-2007 12:48A FROM: DE LUX ROOFING 6194744253 TO:4777895 P.1 LIC. #447656 _ ./ 1107 Harding Avenue • National City, CA 91950 • 619.474.4017 L ROOFING CO, INC. Fax: 619.474.4253 STEVENS CONSTRUCTION 125 EAST 17TH STREET NATIONAL CITY CA 91950 February 27, 2007 BILLING FOR ROOF REPAIRS AT A OOMMERCIAL BUILDING LOCATED AT 200 EAST 12TH STREET AS PER CONTRACT $3800.00 •i 1.3 J. DATE: 3/30/07 COST BREAKDOWN - Form IIIA Field File Number CONTRACTOR NAME: STEVENS CONSTRUCTION National City Library Remodel DESCRIPTION OF WORK: Existing Roof Repairs (m) UNIT LABOR EQUIP DESCRIPTION AMT COST COST HRS RATE COST COST ADD Subcontractor Bid 1.00 3800.00 3800.00 0.00 3800.00 Credit 1.00 (700.00) (700.00) 0.00 (700.00) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTALS 3100.00 0.00 Commercial General Liability and Property Damage Insurance, Workers' Compensation, FICA, and UI Contractor's Overhead and Profit Bond Premium 3100.(i0 TOTAL NFT COS1 310C 00 1� DATE: 3/30/07 COST BREAKDOWN - Form IIIA Field File Number 13 CONTRACTOR NAME: STEVENS CONSTRUCTION National City Library Remodel DESCRIPTION OF WORK: Match Wall Finish Texture DESCRIPTION Material UNIT LABOR EQUIP AMT COST COST HRS RATE COST COST ADD 1.00 400.00 400.00 43.00 38.18 1641.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2041.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTALS 400.00 1641.74 204174 Commercial General Liability and Property Damage Insurance, Workers' Compensation, FICA, and UI 496.52 Contractor's Overhead and Profit 380.74 Bond Premium TOT l NET :.O:-T 83 ti CONSTRUCTION Cost Proposal Number 1 National City Library Remodel R-l9 insulation in ceiling of rooms 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 113. $3,390.00 125 Fast 17'" • National Cuv. CA. 9 i 9 () • i61!, 47 -S9 ; • F_I. X (619) 4"-_ -89: • email: steve:Iiszuz.4shcglohal nut /u Change Order Number 1 National City Library Remodel New Ceiling at Men's and Women's Restroom Demo / Labor - 20 man hours at $36.53 per hour $730.60 New Framing Material $500.00 Labor - 20 man hours at $36.53 per hour $730.60 Drywall Material $125.00 Labor - 20 man hours at $36.53 per hour $730.60 Commercial General Liability and Property Damage Insurance $643.51 / Subtotal $3,460.3 1 Contractor's Overhead and Profit $5519.05 Subtotal $3,979.36 Bond Premium o3 $79.59 Total $ Change Order Number 2 National City Library Remodel Derno Existing Recessed Door Closures Demo Labor - 10 man hours at $36.53 per hour $365.30 Patch Material $50.00 Labor - 8 man hours at $36.53 per hour $292.24 Commercial General Liability and Property Damage Insurance $193.05" Subtotal $900.59 Contractor's Overhead and Profit $ 135.09 Subtotal $1,03 5.68 Bond Premium $2(1.71 Total / l I .056!9- S 0 S ©N S PLUMBING Et MECHANICAL. INC. PROPOSED CHANGE ORDER PRICING ;;ENC 1,A CJVI"RA;; I OR: :.I EVENS CONSTRUCTION PRDJEC 1 NAME NATIONAL CITY LIBRARY REMOVED PROJEC1 PROPOSAL REQUEST #VERBAL CFI.A.N3E ORDER # TBD SC:RIFTION OF CHANGE MULTI - TASK ADDITIONAL WORK ORDERS #1 REROUTE (E) U!G DOMESTIC WATER #2. REROUTE & RE CONNECT (E) JANITOR SINK & (E) WATER HEATER 43 REROUTE CONDENSATE DRAIN #4 ADD ISO. VALVES & ACCESS PANE LI2N REROUTED PIPING DATE: 244t2997, .�y��L. r CQ�1�Ii[L71�� �( r�r71. ! _Ic SC.Fn✓, IC'• D. A'OF.K QU:JJT'•T1ES MATERIAL LABOR WITAL'1H 1 •1T d)QUBAET cppTAL COST - oI • J• • UNIT UNIT COST UNTT COST UNIT COST ` �l ii J tf _ I ADDITIVE ITEMS _ - .S ",!4 CC)PD5R IL:BEF TCiS ' LOT $233.00 $238 I $0 $0 $23B 'SOLI 10-17, SALL VALVES W. ACCESS PANELS , 4 EA $92.30 $369 $0 $0 $369 (ANGERS: STRA,'PIN'; & INSULATION ' LOT $125.00 $125 J{I 'S= EC IAL FRE. C,- __ O'LOT - 0 $0 $0 IN ALLAT:(N 'LUN13ER 30 MH $C $44.44 $1,333 $0 51.333 SUPERVIS:_N;_AY-C.UT 3 P_0 PREP I 2 - MH $0. $50.00 $100 $0 $100 7',.�'C`R=R . MH $^ 530.65 $123 $0 $123 IEOUIPMEVT ) 0 DAY $150.00 $0 SO 1SJ "`N' F _ -- -- $0 $342 $0 $342 --ll S R-707A' I $732 $1,898 S0 $2,505 DEDUCTIVE ITEMS 1N.`A' ._ L SUE-iO1A,LiDE U'CTS. SO $0 $0 .:-,T"E, , At & ASOP COST $732 51,898 1 $0 $2,630 PCO SUMMARY :?ITiECT MA E RIAL ;SI 4Li.S ;rx; ;)N M;,`=F21A_ -• INIA-ERI.A! L'E_'VERY RENTA_ E0U1,14I-N1 r. SUB_ET 1A.X JV EQU1='f.4EN1 RENTAL SUB -TOTAL MATERIAL & RENTAL EQUIP. 7 DIRECT ..ABOi LA9:;F: BUR):N 4 SUB -TOTAL DIRECT LABOR $732 $5< INCLUDED $0 $0• S789 5'. 893 $418 $2,316 4SUB-TOTAL CHANGE ORDER PRICING 1ANGE ORDER Iv1AFR•LIF Sy S':L ! 53,106-- TOTAL CHANGE ORDER PRICING :,._1 $466 $3,570 SUB -CONTRACTORS REMARKS; LOCATION OF (E) UIG UTILITIES • BY OTHERS NC & CONCRETE REMOVAL REPLACEMENT & PATCH • BY OTHERS ACCESS OF OWN WORK - BY OTHERS HARDSCAPE & LANDSCAPE REMOVAL, REPAIR & REPLACEMENT - BY OTHERS DIRT &/OR DEBRIS REMOVAL EXCLUDED - STOCK PILE ONLY TIME IMPACT: 4 DAYS rage iori Martin Gabey From: mark stevens fstevenszuz@sbeglobal.net] To: Martin Gabey Cc: Subject: Re: 7011 NC Library Attachments: Martin; This is our cost proposal for the #1 reroute (E) U/G domestic water, #2 reroute condensate drain, #3 reroute & re connect (E) janitor sink & (E) water heater, and #4 add ISO valves & access panel on rerouted piping: Sent:Tue 3/6/2007 1 1:08 AM Subcontractor Proposed Change Order Pricing $3,570.00 Contractor's Overhead and Profit $178.50 Subtotal $3,748.50 Bond Premium $74.97 Total $3,823AT 7 �V to /!nnv„r ,lnh;nr ,•,,,,,,v, h...nnn/ii I(:.hnr:,T, k, v/L).-.•('!,.' )(1-7(111C, )(1NI.'Q:.")(II t•N 11 ')(' 1/7 rageioti Nlartin Gabey From: mark stevens lstevenszuz@sbcglobal.net] To: Martin Gabcy Cc: Subject: Additional Cost for Field File #6 Attachments: This is the breakdown for the additional cost related t Material - 30 pc. 1x3x12' $120.00 Material - 10 pc. 2x4x8' $50.00 Labor - 86 man hours x $38.18 per hour $1,718.10 Friday - 2/17/07 - 2 men, 8 hours each Tuesday - 2/20/07 - 2 men, 8 hours each Tuesday - 2/20/07 - 1 man, 4 hours Wednesday - 2/21/07 - 2 men, 8 hours each Thursday - 2/22/07 - 2 men, 3 hours each Friday - 2/23/07 - 2 men, 6 hours each Tuesday - 2/27/07 - 2 men, 2 hours each Wednesday - 2/28/07 - 2 men, 6 hours each Commercial General Liability Insurance V98.25 Subtotal $2,386.35 Contractor's Overhead and Profit $357.95 Subtotal $2,744.30 Bond Premium $54.89 Total $2,799.19 Sent:Wed 3/7/2007 2:20 PM t,,, •u t..}.;.,,.,.,,..,/:.,,: t, i\,t(:gt.,.,,n„t„,v/,1(t r';7nr:i,,t,tr; di>nn7 03:/12/2007 io: ufs FAA 15111252a / DO wtmercial UyCULU5b Commercial Openings, Inc. competent Door installations and Material sew• FAX COVER FAX TO: STEVENS CONST. ATTN: MARK FAX #: 619 477-7895 DATE: 03/12/07 RE: REVISED CHANGE ORDER # 1 FROM: BMG1.. RILEY R I LLAcodoors. com WE ARE TRANSMITTING 2 PAGES INCLUDING THIS COVER PAGE. FAX 619 258-1756 Lrc. 8 816161 8630 Argent Street, Suite A Santee, CA 9207' (6191 25A-1703 FAX (610) 258-1756 www.codoors.com • - South Bar Window & Glass ::: ■1■ 7121:1,t, St. Nstkaa1 CND, Ca. 91,56-/632 (619) 474 mos rtr (619) 474-3299 CA. !imam 1779194 N.UAW< Cr9eSt S 77-7893 s►1r Tse Q54-72. -C. ttifrf/ to/Order Qtr ltetu t]a VW Pr Tsui Aidia0 207%, X 792/4--- 269-1261.- Ar Jrz .-/ „, taw -9_2_ .00 -Pi 4) !, S WOat 4 7p/ti x7�eta.yq„ «.,.� /11641 ail 3 0..�__ � p A *i' 4 rA All specifications quantities, etc. SO% Down QUOTE GOOD Sigranae of eaxpttr� above are true and correct including: Sizes, color, W)tb Order. FOR 30 DAYS. %.fatal a64 p2`t'+b �- Taz Labor 29S° Drispellip TsaiJ1 q te: /5 DATE: 3/30/07 COST BREAKDOWN - Form ILIA Field File Number CONTRACTOR NAME: STEVENS CONSTRUCTION National City Library Remodel DESCRIPTION OF WORK: Added Concrete Slab Requirements UNIT LABOR EQUIP DESCRIPTIONIO/� AMT COST COST HRS RATE COST COST ADD %LG -r� ,e �- - i S Remove 3 yards of 0.00 0.00 0.00 subgrade to install new 0.00 0.00 0.00 vapor barrier 0.00 16.00 38.18 610.88 610.88 Install vapor barrier 0.00 2.00 38.18 76.36 76.36 Reinstall 3 yards of 0.00 0.00 0.00 sand material 0.00 14.00 38.18 534.52 534.52 Install #3 rebar at 18` 0.00 0.00 0.00 o.c. 0.00 16.00 38.18 610.88 610.88 Vapor Barrier 1.00 80.00 80.00 0.00 80.00 #3 Rebar 1.00 230.00 230.00 0.00 230.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0 00 0.00 SUBTOTALS 310.00 1332.64 Commercial General Liability and Property Damage Insurance, Workers' Compensation, FICA. and UI Contractor's Overhead and Profit Rond f'rennum 2142.64 534.57 401.58 REQUEST FOR INFORMATION (RFI) TRANSMITTAL AND REPLY: RFI#1 8 From: STEVENS CONSTRUCTION To: Martin J. Gabey Subj: National City Library Remodel for PMA/ILWU Ref: Specification Section Paragraph Drawing number Details Date: February 12, 2007 Information Required: Regarding the concrete slab requirements, plans or specs. do not include any concrete slab specifications. Is any of the following required: vapor barrier, wire mesh, rebar, break testing, special inspection? 2500 PSI was included in our bid. A response to the RFI is required by Mark Stevens **fit****s****i***********#******************************************* From: Martin J. Gabey Date: Response: Martin J. Gabey, D.E.H., Inc From: Anthony Damon Date: 2 - 72 -0 Response: 2Sino 7 lL O9 /'Q 5(TE_ C'OItX.QF7� /ELF c /�CGl�O fit//f2e Ale -TA/ '/3-45ut�'ly / a 1"' 02 - (S<-4-6 t of + .n, Jeff Kat�.jYxe' /7 STEVENS CONSTRUCTION Daily Report Job: . National City Library Remodel Date: /010%1 • Work Description and Location Employee Classification Hours Ccyri dW Gr 1 ei .,s r RIM r"A La,Zy'- 8" ` / 0 F pi \4Zm . / �d N / v_ i z_ L-c-4•4.+�a� p //le i n _,t2er l rOd �.-, ,74"Z / %ftr, � �'.-. - — -/. <J ` �5y c-ice--4-z 11 R c> in �`�al/ \14`.5 q v ee---, 471/c— 6 Any lost time accidents on this date? Y N Safety requirements have been met? Y N Project Superintendent i <5 Last t7'" • National (:It;,', CA 919:)i1 • !(,li)) 4" 7- 7893 • +(,1(i477-7R9S • email: stevensz.urtaisbcglobaInet 1g STEVENS CONSTRUCTION Daily Report Job: . National City Library Remodel Date: -v // ga 7 Work Descri tion and Location Employee Classification Hours iZ f s frr 1 \.5 y u e <rt ga.-o.rj Gel 4 _ 4T P/r) S OP Aacin roa-*-7 Pa X al-. e- C 4 .•Y 'E fez t 3 yd4 al,,i ->k cv7 / For �/ c J c 22,-•Y �� ,4,-....,-, ;i -' jr-i c ha t-[i 4' liZ .e,,,/ e-ii..--5 ow asw Any lost time accidents on this date? Y N Safety requirements have been met? Y N Project Superintendent I'`" Fast I7". • National l-ity, CA 91,Y,o • (6191477 ;k9= • I•AX (619) 477-7895 • email: stevenvur4stxglobaI net 03/ 27/2007 08: 33 6195857055 A&S FLOORING PAGE 03/0 t T �i��. � S I /CC) C D h! Lic# 801134 TO: STEVENS CONSTRUCTION 125 E. 17TH STREET NATIONAL CITY, CA. 91950 RE: NATIONAL CITY LIBRARY, SUB -FLOOR ATTN: MARK 2461 Fenton Street Chuia Vista, Ca. 81914 Phone (619) 58541057 Fax (619) 585-7055 03/27/07 MARK, THE EXISTING CONCRETE SUB -FLOOR AT THE PROJECT REFERENCED ABOVE IS NOT IN A SUITABLE CONDITION TO RECEIVE NEW VINYL COMPOSITION TILE. THE EXISTING SUB -FLOOR HAS HI - LOW AREAS, CROWNING AT SAW CUT AREAS & SURFACE IMPERFECTIONS THROUGH Otlr. THESE CONDriIONS WILL NOT AFFECT THE INSTALLATION OF NEW CARPETING, BUT IF NOT CORRECTED THEY WILL "BROADCAST" T1-IRU THE NEW VINYL TILE INSTALLATION AND BE VERY APPARENT. ASS RECOMMENDS THAT THE ENTIRE SURFACE AREA TO RECEIVE NEW V.C_T. RECEIVE A "SKIM COAT' TO FAIR HIGH & FILL LOW AREAS AND CORRECT SURFACE IMPERFECTIONS. WE ESTIMATE THAT APROX. 2425 SQUARE FEET OF V.C.T. NEEDS TO BE INSTALLED, A&S FLOORING CAN PERFORM THIS WORK FOR AN INCREASE OF IF YOU REQUIRE ANY ADDITIONAL INFORMATION PLEASE CONTACT ME AT THE PHON -ADDRESS SHOWN ABOVE. SINCERELY, SALVADOR GLMERRE7_ PRESIDENT DATE: 4/2/07 COST BREAKDOWN - Form IIIA COST PROPOSAL NO: CONTRACTOR NAME: STEVENS CONSTRUCTION National City Library Remodel DESCRIPTION OF WORK: Etching Bullet Proof Glass UNIT LABOR DESCRIPTION Etching Delivery and Pick Up EQUIP AMT COST COST HRS RATE COST COST 1.00 120.00 120.00 1,00 200.00 200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ADD 120.00 200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTALS 320.00 0.00 320.00 Contractor's Overhead and Profit 48.00 Bond Premium 7,36 TOTAL NFT COS1 3(5.3^ INVOICE FROST DESIGN • SOLD TO 11,-- *- "• r / -7- SIIIP TO SA/4 DIEGO, CA 92115 81-9) 237 1100 ( ArJaLi.3( ,.. • ADDREss FAX (61 9) 741-3105 CITY, STATE, ZIP 1. , CITY STATE, ZIP CUSTOMER ORDER NO, SO( ED EW TERMS I F.O.B. DAT ORD ED SHIPPED DESCRI ON PRICE UNt AMOUNT ; ' t (..._\ (- \ ' ( 1 ‘ C. ci‘ r- , i, • , , ._.., t - ,i .... . . ......• . sc, t. t .• . . i r \ I .. =..._ _. __. _- D Oil( It , . \ k' \ \-1— a-d— 5640 • City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 17, 2007 6 AGENDA ITEM NO. 'ITEM TITLE Resolution of the City Council of National City approving a Master Agreement for the renewal of existing administrating Agreement Agency -State Number 11- 5066R with the State Department of Transportation for the City's future federal -aid projects and authorizing City Engineer to execute the Agreement PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT.4387 EXPLANATION The Local agencies are required to file an executed Master Agreement with the Califonia State Department of Transportation (Caltrans) for the renewal of existing administrating Agency -State Agreement No. 11-5066R for future federal -aid projects. The revised Master Agreement reflects the new provisions of the Intermodal Surface Transportation Efficiency Act (ISTEA) as well as continuing applicability for the Transportation Equity Act for the 21st century and the current Local Assistance procedures. The purpose of this Resolution is to approve the attached Master Agreement for the renewal of the current administrating Agency -State Agreement No. 11-5066R for the federal -aid projects. No invoices for reimbursement can be processed until the agreement is fully executed. See attached Caltrans letter dated March 22, 2007 for additional information. Environmental Review NIA MIS Approval Financial Statement N/A Approved By: Flna Direetor Account No. N/A STAFF RECOMMENDATION Adopt the Resolution. - BOARD / COMMISSION RECOMMENDATION >N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2 Two Original Master Agreement Forms for federal -aid projects 3. Sample Blanket Resolution n ?IX) (Rev 7/0:1) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE A MASTER AGREEMENT FOR THE RENEWAL OF EXISTING ADMINISTERING AGREEMENT AGENCY -STATE NO. 11-5066R WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY'S FUTURE FEDERAL -AID PROJECTS WHEREAS, local agencies are required to file an executed Master Agreement with the California Department of Transportation (Caltrans) for the renewal of the existing administrating Agency -State Agreement No. 00013S for future federal -aid projects; and WHEREAS, the revised Master Agreement reflects the new provisions of the Intermodal Surface Transportation Efficiency Act (CISTEA) as well as continuing applicability for the Transportation Equity Act for the 21st century and the current Local Assistance procedures.. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Engineer is hereby authorized to execute a Master Agreement with the California Department of Transportation (Caltrans) for the renewal of the existing administrating Agency -State Agreement No. 00013S for future federal -aid projects. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of April, 2007. Ron Morrison, Mayor ATTEST: Michael R. Daila, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney STATE OF CALIFORNIA . BUSINESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger, Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET p.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TD D (916) 654-4014 (916) 654-3151 Fax (916) 653-7621 March 22, 2007 Mr. Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Attn: Mr. Din Daneshfar Dear Mr. Kirkpatrick: File : 11-SO-NATC N in Cs J G) 3 +- v r .'i/T Enclosed are two originals of the updated Administering Agency -State Master Agreement No. 11-5066R covering the general requirements of all federal -aid projects for the implementation of projects and the maintenance of the completed facilities. This master agreement has been modified to reflect the new provisions of the Intermodal Surface Transportation Efficiency Act (ISTEA) as well as continuing applicability for the Transportation Equity Act for the 21st Century and the current Local Assistance procedures. We are requesting that all agencies sign this latest version. Also enclosed are two originals of the udpated Administering Agency -State Master Agreement No. 00013S. Please sign both originals of this Agreement and return them to this office, Office of Local Programs - MS1. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. Your prompt action is requested. No invoices for reimbursement can be processed until the agreement is fully executed. Sincerely, Marlene Wilkins Office of Project Implementation Division of Local Assistance Enclosure SAMPLE BLANKET RESOLUTION Following is a sample language you could include in your blanket resolution WHEREAS, the (agency name) is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed and WHEREAS, the City/County wishes to delegate authorization to execute these agreements and any amendments thereto to the (Mayor/City Manager/City Engineer/Director of Public Works, etc.) be authorized to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any amendments thereto with California Department of Transportation. MASTER AGREEMENT ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS 11 City of National City District Administering Agency Agreement No. 11-5066R This AGREEMENT, is entered into effective this day of , 2007, by and between the City of National City, hereinafter referred to as "ADMINISTERING AGENCY," and the • State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE, and together referred to as "PARTIES" or individually as a "PARTY." RECITALS: 1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs. These transportation programs include, but are not limited to, the Surface Transportation Program (STP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation Enhancement Program (TE), Highway Safety Improvement Program (HSIP) and the Highway Bridge Program (HBP) (collectively the "PROGRAMS"); and 2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal -aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal -aid funds in accordance with the intent of federal law; and 3. WHEREAS, before federal -funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: Page 1 of 26 ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any program project unless an until a project -specific Program Supplement to this AGREEMENT for federal -aid projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY. 2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal -aid funds as more fully -described in an "Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE or the Federal Highway Administration (FHWA). 3. The E-76/E-76(AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT. 4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal -aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these Federal Funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with writter concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 5. ADMINISTERING AGENCY agrees to execute and return each project -specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on -going or future federal -aid project performed by ADMINISTERING AGENCY if any project -specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing. 6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of Federal Funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed -upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 7. Federal, State and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project - specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project -specific E-76 or E-76 (AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no Further Federal funds are needed or for those future phase(s). Page 2 of 26 8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization". 9. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. 10. If PROJECT is not on STATE -owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY - approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES. 11. If PROJECT involves work within or partially within STATE -owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its' contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities. 12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project -specific PROGRAM SUPPLEMENT. Page 3 o` 26 15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work fo PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT. 16. ADMINISTERING AGENCY shall submit PROJECT -specific contract award documents to STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY to: Department of Transportation, Division of Accounting Local Programs Accounting Branch, MS #33, PO Box 942874, Sacramento, California 94274- 0001. 17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty(180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES. 18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA. 19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT -related work shall incorporate Exhibits A and B (with third party's name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY. Page 4 of 26 ARTICLE II - RIGHTS OF WAY 1. No contract for the construction of a federal -aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract. 2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non - matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. 3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from Federal Funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. 4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right -of -Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5. Whether or not federal -aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non-profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will he displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT- displaced persons as provided in 49 CFR, Page 5 of 26 Part 24. 6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, shall also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of the AGREEMENT, as appropriate. Page 6 of 26 ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed federal -aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal -aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well -trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page 7 of 26 ARTICLE IV - FISCAL PROVISIONS 1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC). 2. STATE'S financial commitment of Federal Funds will occur only upon the execution of this AGREEMENT, the authorization of the project -specific E-76 or E-76 (AMOD), the execution of each project -specific PROGRAM SUPPLEMENT, and STATE's approved finance letter. 3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement of participating PROJECT costs on a monthly or quarterly progress basis once the project -specific PROGRAM SUPPLEMENT has been executed by STATE. 4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project -specific PROGRAM SUPPLEMENT or through a project -specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on -going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period 5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. 6. Invoices must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. 8. An Indirect Cost Rate Proposal and Central Service Cost Allocation Plan and related documentation are to be provided to STATE (Caltrans Audits & Investigations) annually for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for federal reimbursement. 9. Once PROJECT has been awarded, STATE reserves the right to de -obligate any excess Federal Funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD). 10. STATE will withhold the greater of either two (2) percent of the total of all Federal Funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. Page 8 of 26 11. The estimated total cost of PROJECT, the amount of Federal Funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal -aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase. 12. When additional federal -aid funds are not available, ADMINISTERING AGENCY agrees that the payment of Federal Funds will be limited to the amounts authorized on the PROJECT specific E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 13. ADMINISTERING AGENCY shall use its own non -Federal Funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with Federal Funds. STATE shall make the determination of ADMINISTERING AGENCY'S cost eligibility for federal fund financing of PROJECT costs. 14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. 16. Federal Funds encumbered for PROJECT are available for liquidation for a period of seven (7) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for five (5) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless an Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT. 17. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 18. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR. Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Page 9 of 26 19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine th. allowability of individual PROJECT cost items and (b) those parties shall comply with federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub -recipient receiving PROJECT funds as a contractor or sub -contractor under this AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 20. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under OMB Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse moneys due STATE within thirty 30 days of demand, or within such other period as may be agreed in writing between the PARTIES hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third -party source, including but not limited to, the State Treasurer, the State Controller and the CTC. 21. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts invoiced to STATE shall be returned to STATE. 22. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provides' hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal -aid projects. 23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. Page 10 of 26 ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to ADMINISTERING AGENCY under any PROGRAM SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and ADMINISTERING AGENCY shall furnish copies thereof if requested. 4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of OMB Circular A-133 if it receives a total of $500,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. 5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with OMB Circular A-133. 6. ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit. must meet the requirements set forth in this AGREEMENT regarding local match funds. Page 11 of 26 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of ARTICLE IV, FISCAL PROVISIONS, and this ARTICLE \ AUDITS, THIRD -PARTY CONTRACTING RECORDS RETENTION AND REPORTS, and shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures. 9. In addition to the above, the pre -award requirements of third -party contractor/consultants with ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. Page 12 of 26 ARTICLE VI -FEDERAL LOBBYING ACTIVITIES CERTIFICATION 1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that: A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract. B. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions. C. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub -agreements which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. Page 13 of 26 ARTICLE VII - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all State funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations. 2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government. 4. Each project -specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT. 5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappeasable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or FTA that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT. 9. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this Page 1,1 of 26 AGREEMENT. 10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual. inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is significantly endangered. Page 15 of ?R 16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project -specific PROGRAM SUPPLEMENT and that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project - specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT. 18. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA City of National City DEPARTMENT OF TRANSPORTATION By By Chief, Office of Project Implementation Division of Local Assistance City of National City Representative Name & Title (Authorized Governing Body Representative) Date _... Date Page 16 of 26 EXHIBIT A FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. Page 17 of 26 (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate. this Agreement either in whole or in part, and any Toss or damage sustained by STATE in securir. the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page 18of 26 EXHIBIT B NONDISCRIMINATION ASSURANCES ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal -aid Program: 1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal -aid Program and, in adapted form, in all proposals for negotiated agreements: ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award. 3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein. Page 19 of 26 5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a. facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated connection therewith. 6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property. 7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the federal -aid Program; and Appendix D; (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal -aid Program. 8. That this assurance obligates ADMINISTERING AGENCY for the period during which federa. financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property. 9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub -grantees, applicants, sub -applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. F'age 2 0 of 26 1•6..4W11.0.4 11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY'S DBE Race -Neutral Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Race -Neutral Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31USC 3801 es seq.) THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub -applicants, transferees, successors in interest and other participants in the federal -aid Highway Program. Page 21 of 26 4 APPENDIX A TO EXHIBIT B During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows: (1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub -agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days: and/or (b) cancellation. termination or suspension of the Agreement, in whole or in part. fig& 22 of 26 (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub -agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States. Page 23 of 26 1 r• APPENDIX B TO EXHIBIT B The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United - States. (GRANTING CLAUSE) NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal -aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding or ADMINISTERING AGENCY, its successors and assigns. ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the rand for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above -mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above -described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.* Reverter clause and related language to be used only when it is determined that such a clause is Page 24 of 26 recessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. APPENDIX C TO EXHIBIT B The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)' That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above - described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 25 of 26 APPENDIX D TO EXHIBIT 6 The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that: (1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permits, etc.)' That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)' That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above - described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Pace 26 of 26 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 17, 2007 7 AGENDA ITEM NO. rTEM TITLE Resolution of the City Council of National City approving a Master Agreement for the renewal of existing administrating Agreement Agency -State Number 00013S with the State Department of Transportation for the City's future State funded projects and authorizing City Engineer to execute the Agreement PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT.4387 EXPLANATION The local agencies are required to file an executed Master Agreement with the California State Department of Transportation (Caltrans) for the renewal of the existing administrating Agency - State Agreement No. 00013S for future state funded projects. The revised Master Agreement reflects the new provisions of the California Transportation Commission (CTC) or State as well as continuing applicability for the current Local Assistance procedures. The purpose of this Resolution is to approve the attached Master Agreement for the renewal of the current administrating Agency -State Agreement No. 00013S for state funded projects. No invoices for reimbursement can be processed until the agreement is fully executed. See attached Caltrans letter dated March 22, 2007 for additional information. ( Environmental Review X N/A (Financial Statement N/A >STAFF RECOMMENDATION Adopt the Resolution. MIS Approval Approved By: � ne Director Account No. Ai BOARD / COMMISSION RECOMMENDATION \ N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2. Two Original Master Agreement Forms for state funded projects A-200 (Rev 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE A MASTER AGREEMENT FOR THE RENEWAL OF EXISTING ADMINISTERING AGREEMENT AGENCY -STATE NO. 00013S WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY'S FUTURE STATE -FUNDED PROJECTS WHEREAS, local agencies are required to file an executed Master Agreement with the California Department of Transportation (Caltrans) for the renewal of the existing administrating Agency -State Agreement No. 00013S for future state -funded projects; and WHEREAS, the revised Master Agreement reflects the new provisions of the California Transportation Commission (CTC) or State as well as continuing applicability for the current Local Assistance procedures. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Engineer is hereby authorized to execute a Master Agreement Agency -State No, 00013S with the California Department of Transportation (Caltrans) for the renewal of the existing administrating Agency -State Agreement No. 00013S for future state -funded projects. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of April, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney STATE OF CAUFORNIA . BUSINESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger, poverna DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120N STREET P.O. BOX 942674, MS# 1 Sacramento, CA 94274-0001 TDD (916) 654-4014 (916) 654-3151 Fax (916) 653-7621 March 22, 2007 Mr. Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Attn: Mr. Din Daneshfar Dear Mr. Kirkpatrick: Flle : 11-SD-NATC o m J (7 9 ins Enclosed are two originals of the updated Administering Agency -State Master Agreement No. 11-5066R covering the general requirements of all federal -aid projects for the implementation of projects and the maintenance of the completed facilities. This master agreement has been modified to reflect the new provisions of the Intermodal Surface Transportation Efficiency Act (ISTEA) as well as continuing applicability for the Transportation Equity Act for the 21st Century and the current Local Assistance procedures. We are requesting that all agencies sign this latest version. Also enclosed are two originals of the udpated Administering Agency -State Master Agreement No. 00013S. Please sign both originals of this Agreement and return them to this office, Office of Local Programs - MS1. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. Your prompt action is requested. No invoices for reimbursement can be processed until the agreement is fully executed. Sincerely, Marlene Wilkins Office of Project Implementation Division of Local Assistance Enclosure v MASTER AGREEMENT ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE -FUNDED PROJECTS 11 City of National City District Administering Agency Agreement No. 00013S This AGREEMENT, is entered into effective this day of , 2007, by and between the City of National City, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY_" RECITALS: 1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and 2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from either the State Transportation Improvement Program (STIP), or other State -funded programs (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG), for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and 3. WHEREAS, said PROJECT will not receive any federal funds; and 4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: Page 1 of 16 ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project -specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STAT' and ADMINISTERING AGENCY. 2. The State approved project -specific allocation letter designate the party responsible for implementing PROJECT, type of work and location of PROJECT. 3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 4. ADMINISTERING AGENCY agrees to execute and return each project -specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on -going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project -specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing. 5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed -upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT. 7. Projects allocated with STATE FUNDS from the STIP will be administered in accordance with the current CTC STIP Guidelines, as adopted or amended and in accordance with Chapter 23 of the Local Assistance Program Guidelines (LAPG) published by STATE. 8. Projects allocated with STATE FUNDS not programmed in the STIP will be administered in accordance with the applicable chapter of the LAPG and.!or any other instructions published by STATE. 9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and pert -nits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration. Page 2 o1 16 • 10. ADMINISTERING AGENCY's eligible costs for construction engineering includes actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its sub -contractor engineering consultant shall be responsible for all PROJECT engineering work. 12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for ' environmental clearance of that PROJECT. 13. If PROJECT is not on STATE -owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the Local Assistance Procedures Manual (LAPM) that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY -approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual. 14. If PROJECT involves work within or partially within STATE -owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its' contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities. 15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 16. The Department of General Services, Division of the State Architect, or its designee, shall review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 17. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT. Page3of 16 • 18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 20. ADMINISTERING AGENCY shall submit PROJECT -specific award information, using Exhibit 23-A of the LAPG, to STATE's District Local Assistance Engineer, within sixty (60) days after contract award. A copy of Exhibit 23-A shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY to: Department of Transportation, Division of Accounting Local Programs Accounting Branch, MS #33, PO Box 942874, Sacramento, California 94274-0001. 21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance Chapters 17 and 19 of the Local Assistance Procedures Manual. 22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. 23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract ano other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement. 24. ADMINISTERING AGENCY shall include in all subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY. Page 4 of 16 ARTICLE II - RIGHTS OF WAY 1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights -of -way are available for construction purposes or will be available by the time of award of the construction contract. 2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise. (a) Expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified and recovery made. 3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT, including, but not limited to, being clear as certified or if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non -matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights -of -way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. Page 5 of 16 ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developer constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well -trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page 6 of 16 i • ARTICLE IV - FISCAL PROVISIONS 1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC. 2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project -specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter. 3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement of allowable PROJECT costs on a monthly or quarterly progress basis once the project -specific PROGRAM SUPPLEMENT has been executed by STATE. 4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the STATE FUNDS are encumbered on either the project -specific PROGRAM SUPPLEMENT or through a project -specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on -going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period 5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with Chapter 5 of the LAPM. 6. Invoices must have at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. 8. An indirect cost allocation plan and related documentation are to be provided to STATE (Caftans Audits & Investigations) annually for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. The indirect cost allocation plan must be prepared in accordance with the requirements set forth in Office of Management and Budget Circular A-87 and Chapter 4 of the Local Assistance Procedures Manual. 9. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. 10. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with an allocation letter and finance letter. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter. Page 7 of 16 11. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees.. that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's ow funds. 12. ADMINISTERING AGENCY shall use its own non STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs. 13. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 14. STATE FUNDS allocated from the STIP are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. 15. STATE FUNDS encumbered for PROJECT are available for liquidation only for five (5) years from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter. 16. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand. 17. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 18. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the ailowability of individual PROJECT cost items and (b) those parties shall cornply with federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub -recipient receiving PROJECT funds as a contractor or sub -contractor under this AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. ADMINISTERING AGENCY agrees to comply with the provisions set I'tye 8 of 16 • forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies_ 19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under OMB Circular A-87, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY to STATE. 20. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts invoiced to STATE shall be returned to STATE. 21. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY. 22. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 21, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 23. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. Page9of 16 ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance and costs of ADMINISTERING AGENCY's contracts with third parties pursuant to Government Code section 8546.7, ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above -referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to ADMINISTERING AGENCY under any PROGRAM SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and ADMINISTERING AGENCY shall furnish copies thereof if requested. 4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of OMB Circular A-133 if it receives a total of $500,000 or more in STATE FUNDS in a single fiscal year. The STATE FUNDS received under PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. 5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY'S annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with OMB Circular A-133. 6. ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds. Page 10 of 16 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD -PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures. 9. In addition to the above, the pre -award requirements of third -party contractor/consultants with ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. Page 11 of 16 ARTICLE VI - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California Taws. 2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project -specific executed PROJECT SUPPLEMENT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE. 5. Each project -specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT. 6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, anc' ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. Faye 1? of 16 101, ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT. 11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer, who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 13. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY. 17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING Page 13 of 16 AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE. 18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not Tess than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE -approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project -specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project -specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT. 20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer. STATE OF CALIFORNIA City of National City DEPARTMENT OF TRANSPORTATION By_ .... .. - -- By_ Chief, Office of Project Implementation Division of Local Assistance City of National City Representative Name & Title (Authorized Governing Body Representative) Date Date Page 14 of 16 y r v EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, age, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, ?1290-0 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, ?7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code section 1426 which has become final or has obtained an injunction under Labor Code section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due Page 15 of 16 • • or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page 16 of 16 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 17, 2007 AGENDA ITEM NO. 8 ITEM TITLE Resolution Denying a Tentative Subdivision Map and Zone Variance for the Proposed Subdivision of the Van Linn Apartments (48 Rental Units) to Twelve Individual Parcels at 1904-1934 K Avenue and 1905-1935 J Avenue. Applicant: Westone Management Consultants, Case File No. S-2006-13 and Z-2006-7. PREPARED BY Roger G. Pos , 6-4310 DEPARTMENT Planning EXPLANATION At the City Council meeting of April 3, 2007, the Council considered the application to subdivide three parcels into twelve parcels each containing a 4 unit apartment structure. The Council determined that the site was not physically suitable for the proposed subdivision and that the request would result in reduced management oversight and potential code enforcement actions. Since, the Council, in a vote of 4-1, denied the proposed Tentative Subdivision Map and Zone Variance application, it would be appropriate to adopt the attached Resolution. Environmental Review N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. . Resolution A-200 ;9/ 9) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A TENTATIVE SUBDIVISION MAP TO DIVIDE THREE PROPERTIES INTO TWELVE INDIVIDUAL LOTS (EACH CONTAINING FOUR EXISTING APARTMENT UNITS) AND A ZONE VARIANCE FOR REDUCED SIDE YARD SETBACKS WITH AN EXCEPTION FOR REDUCED STREET FRONTAGE AT 1904-1934 K AVENUE AND 1905-1935 J AVENUE (VAN LINN APARTMENTS) Applicant: Westone Management Consultants Case File No. S-2006-13/Z-2006-7 WHEREAS, application was made for approval of a Tentative Subdivision Map to divide three properties into twelve individual lots (each containing four existing apartment units) and a Zone Variance for reduced side yard setbacks with an exception for reduced street frontage at 1904-1934 K Avenue and 1905-1935 J Avenue (Van Linn Apartments) on property generally described as: Block 6 of J. J. O'Brien's Subdivision of the southeast quarter of 20 acre Lot 2 in quarter section 133 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to map thereof no. 1068, filed in the Office of the County Recorder of San Diego County. WHEREAS, the Planning Commission considered said application at a duly advertised public hearings held on February 5, 2007, and continued to the meeting of March 5, 2007, at which time the Planning Commission considered oral and documentary evidence, and recommended approval of the project; and WHEREAS, the City Council considered said applications at a public hearing held on April 3, 2007, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2006-13 and Z-2006-7, which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby denies the Tentative Subdivision Map and Zone Variance for the proposed division of the Van Linn Apartments (48 rental units) to twelve individual parcels at Avenue 1904-1934 K and 1905-1935 J Avenue based on the following findings: Resolution No. 2007 — April 17, 2007 Page Two FINDINGS FOR DENIAL OF THE TENTATIVE SUBDIVISION MAP AND AN EXCEPTION FOR REDUCED STREET FRONTAGE TO DIVIDE THREE PROPERTIES INTO TWELVE INDIVIDUAL LOTS (EACH CONTAINING FOUR EXISTING APARTMENT UNITS) FOR THE VAN LINN APARTMENTS 1. The proposed map is inconsistent with the National City General Plan, since the subdivision will result in an increase in the number of nonconforming lots. 2. The site is not physically suitable for the proposed type of development, since the subdivision will result in multiple owners and a higher likelihood of decreased property management and maintenance and will likely result in increased code enforcement efforts. 3. The site is not physically suitable for the proposed density of development, since the overall density of the twelve proposed lots, 28.1 units per acre, is inconsistent with the General Plan density of 22.9 units per acre in the RM-1-PD zone. FINDING FOR DENIAL OF A ZONE VARIANCE FOR REDUCED SIDE YARD SETBACKS FOR THE VAN LINN APARTMENTS 1. The strict application of Title 18 of the Land Use Code does not deprive such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since no special circumstances applicable to the property, including size, location or surroundings, exist. 2. The requested Variance for reduced setbacks and reduced street frontage would 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 new development in the same vicinity and zone would be required to provide adequate setbacks and street frontage as required by the Land Use Code. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 17th day of April, 2007. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney MEETING DATE: City of National City COUNCIL AGENDA STATEMENT April 17, 2007 AGENDA ITEM NO. 9 ITEM TITLE: Resolution Authorizing the Mayor to Execute an Amendment to the Agreement between the City of National City and the California State Coastal Conservancy Pertaining to a Grant for the Construction of Paradise Creek Education Park. PREPARED BY: Rudy Lopez (619) 336-4560 DEPARTMENT Community Services EXPLANATION: Amendment No. 2 to Grant Agreement No. 05-018 for the construction of Paradise Creek Educational Park extends the completion date of the project to June 30, 2007 and the term of the agreement to June 30, 2027. This amendment is standard to all Coastal Conservancy -funded projects. The purpose of an extended term of agreement is to insure the project area remains as dedicated parkland for the duration of the agreement. All other terms and conditions of the existing agreement remain in effect. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Approve the resolution. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Grant Agreement RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH THE COASTAL CONSERVANCY PERTAINING TO A GRANT FOR THE CONSTRUCTION OF PARADISE CREEK EDUCATION PARK WHEREAS, the City has entered into an Agreement with the California State Coastal Conservancy for the Construction of Paradise Creek Educational Park; and WHEREAS, it is necessary to amend the Agreement to extend the project completion date to June 30, 2007, and the term of the Agreement to June 30, 2027, to ensure that the project area remains dedicated park land for the duration of the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 2 to the Agreement with the California Coastal Conservancy, to extend the project completion date to June 30, 2007, and the term of the Agreement to June 30, 2027 pertaining to a grant for the construction of Paradise Creek Education Park. PASSED and ADOPTED this 17th day of April, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney STATE OF CALIFORNIA STANDARD AGREEMENT (Grant - Rev 09/06) AGREEMENT NUMBER 05-018 [ AM. NO. 2 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NO. 95-6000749 •.GREEMENT, made and entered into this day of i the State of California, by and between State of California, through its duly elected or appointed, qualified and acting ill LE OF OFFICER ACTING FOR SLATE Executive Officer GRANTEES NAME City of National City AGENCY State Coastal Conservancy hereafter called the Conservancy, and , hereafter called the Grantee. he Grantee, for and in consideration of the covenants, conditions, agreements, and stipulations of the Conservancy hereinafter expressed, oes hereby agree as follows: The State Coastal Conservancy ("the Conservancy") and the City of National City ("the grantee") agree to amend their existing Agreement No. 05-018 as follows: TERM OF AGREEMENT The term of the agreement is extended to June 30, 2027. The completion date is extended to June 30, 2007. All other terms and conditions of the existing agreement shall remain in effect. The provisions on the following pages constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA AGENCY State Coastal Conservancy BY (Authorized Signature) P.S PRINTED NAME AND TITLE OF PERSON SIGNING Samuel Schuchat, Executive Officer ADDRESS & PIIONL NUMBER GRANTEE GRANTEE (Mother Man an indroquN, state whether a curporation, partnership, etc.) City of National City BY (Authorzed Signature) PRINTED NAME AND TITLE OF PERSON SIGNING Chris Zapata, City Manager 1330 Broadway, 13th Floor Oakland, CA 94612 Phone: (510) 286-1015 AMOUNT ENCUMBERED BY THIS DOCUMENT $ -0- PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $500,000.00 PROGRAM/CATEGORY (CODE AND TITLE) Capital Outlay (OPTIONAL USE) AUDRESS & PHONE NUMBER 1243 National City Boulevard National City, CA 91950 Paradise Creek Interpretive Center ITEM 3 760-3 01-6031(.5)(B)_, IOIAL AMOUNT ENCL' BF.RED TO D ATF $500,000.00 OBJLC 1 OF LXPENDITURF (CODE AND TITLE) FUND TITLE Water Security... CHAPTER I STATUTE Resource Enhancement, Public Access 208 2004 FISCAL YEAR 04/05 by certify upon my own personal knowledge that budgeted hinds are available for the period and purpose of the .nditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE 0 GRANTEE 0 ACCOUNTING ❑ PROJECT MANAGER ❑ CONTROLLER 0 STATE AGENCY I certify that this agreement is exempt from Department of General Services approval. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 17, 2007 10 AGENDA ITEM NO. (*ITEM TITLE Resolution waiving the bid process, and awarding a contract to AT&T for a Calnet Opt-E-Man system for internet connectivity for +/-120 computers in the Library, in the amount of $5150 for installation and $2470/month for maintenance using State Grant and matching funds. PREPARED BY Brenda E. Hodges DEPARTMENT Purchasing, x4570 Anne Campbell Library, 470-5885 EXPLANATION Gabby Soriano MIS, x4378 See attached EXT. Environmental Review ^ N/A MIS Approval Financial Statement Funds are available. See attached Approved By: (/yr F ante Director Account No. See attached STAFF RECOMMENDATION It is recommended that the award be made to AT&T, and that authority be given to the Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below Resolution No. Explanation Resolution Contracts (3) A 200 (Rev 7/C3) Explanation: The Library needs to convert T 1 lines to an optical pipe for Internet connectivity for approximately 120 computers. The current bandwidth to information databases on the internet and various educational entities, such as National School District and SDCOE, has exceeded its capacity and currently causes the network to slow to a crawl. It is the intention to replace two Tl lines and three ISDN lines with a more robust system from+A2 AT&T. The new line will provide a l0Mb pipe to SDCOE which is the Library's internet provider. The line will also enable the Library to allocate enough bandwidth for distance learning (video conferencing) to various locations around the world, and provide sufficient internet bandwidth for its patrons. The cost of $2470/month for the new lines will be offset by the cancellation of existing lines that currently cost $833/month. The new lines will amount to an increase of $1637/month or an additional $19,644/year. MIS and Library staff solicited/reviewed proposals, and interviewed three vendors. It was determined that the proposal from AT&T provided the best value for the City. Since the competitive requirements have been met, no further purpose would he served by issuing a formal hid at this point in the 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 hest interest to award the contract to AT&T, without compliance with the formal bid process. Accounting Details: Acct #241-409-500-598-1583: State Grant: Acct #242-409-500-598-1583: Library Matching Fund: Acct #631-415-000-248-0000: Telecom. Revolving Fund: $3735.62 (installation) $1865.01 (installation) $2470/mo (maintenance) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND AWARDING A CONTRACT TO AT&T GLOBAL SERVICES, INC. FOR A CALNET OPT-E-MAN SYSTEM FOR INTERNET CONNECTIVITY FOR THE COMPUTERS IN THE NATIONAL CITY PUBLIC LIBRARY IN THE AMOUNT OF $5,150 FOR INSTALLATION AND $247 PER MONTH FOR MAINTENANCE WHEREAS, the Library needs to convert T1 lines to an optical pipe for internet connectivity for approximately 120 computers because the current bandwidth to information databases on the Internet and various educational entities has exceeded its capacity and currently causes the network to slow to a crawl; and WHEREAS, staff recommends replacing two T1 lines and three ISDN lines with a more robust system that will provide a 10Mb pipe to the Library's internet provider, enabling the Library to allocate enough bandwidth for distance learning (video conferencing) to various locations around the world, and provide sufficient Internet bandwidth for its patrons; and WHEREAS, after reviewing proposals from three vendors, staff has determined that the proposal from AT&T Global Services, Inc. provides the best value for the City, and meets the bidding requirements. WHEREAS, pursuant to Section 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; WHEREAS, MIS and Library staff reviewed proposals from three vendors, and determined that AT&T provided the best value for the City, and no further purpose would be served by pursuing a formal bid process. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds that special circumstances exist and awards the contract to convert T1 lines to an optical pipe for Internet connectivity for approximately 120 computers at the National City Public Library to: AT&T GLOBAL SERVICES, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a contract between AT&T Global Services, Inc. and the City of National City to convert T1 lines to an optical pipe for Internet connectivity for approximately 120 computers. Said contract is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2007 — April 17, 2007 Page 2 PASSED and ADOPTED this 17th day of April, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Master Agreement This Master Agreement (the "Agreement") is between SBC Global Services, Inc. dba AT&T Global Services, a Delaware corporation with offices at One AT&T Plaza, Dallas, Texas 75202, on behalf of itself and those Affiliates identified in those Addenda, Attachments, Orders, and/or SOWs that may be entered into from time to time and incorporated by reference into this Agreement (individually and collectively, "AT&T") and National City Public Library ("Customer"), a California government agency, with offices at 200 East 12th Street, National City, CA 91950, is effective on the date of last execution ("Effective Date"). AT&T and Customer are sometimes referred to herein collectively as the "Parties" or individually as a "Party." References to "Agreement" refer to this Agreement, any applicable tariff or guidebook, and the documents listed in the Addendum and Attachment List, including any Statement of Work ("SOW"). New or revised Addenda, Attachments, Orders, and/or Statements of Work must be signed by Customer and AT&T Affiliate. The following order of precedence applies to the documents comprising an Agreement: (1) any applicable guidebook and tariff(s), (2) Addenda (and related SOWs and Attachments), (3) this Agreement, and (4) Orders. Notices from a Party concerning this Agreement must be written and delivered to the other Party at the address(es) below (i) in person, (ii) by certified mail, return receipt requested, (iii) by traceable overnight delivery, or (iv) by facsimile, electronically confirmed and followed immediately by U.S. Mail. Notice will be effective upon delivery. To Customer To AT&T: National City Public Library 200 East 12th Street National City, CA 91950 Attention: Anne Campbell, City Librarian Fax: 619-336-4368 AT&T Sales Team — Contract Notice 101 W. Broadway, Room 370 San Diego, CA 92101 Fax: 619-544-0042 Attention: AT&T Account Team for National City Public Library SO AGREED by the Parties' respective authorized signatories. NATIONAL CITY PUBLIC LIBRARY AT&T GLOBAL SERVICES By: By: Name: Name: Title: Title: Date: Date: CONFIDENTIAL INFORMATION This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. Master_Agreement_S Page 1 of 5 0701 CC2964 1-482FK1 003.1 01/19/07 CLC Master Agreement Terms and Conditions 1. DEFINITIONS 1.1 'Affiliate' means an entity that controls, is controlled by, or is under common control with a Party. 1.2 "Confidential Information" means ideas, know-how, trade secrets, computer programs, technical information, and other confidential information which is disclosed by a disclosing Party to a receiving Party under this Agreement. The terms of this Agreement shall be deemed Confidential Information by the Parties. 1.3 'Cutover" occurs (except as otherwise described herein or in an Addendum/Attachment/SOW) (a) for a Service when the Service is first provisioned or otherwise available for Customer's use at any single Site; and/or (b) for Equipment when the Equipment is delivered to the carrier for shipment, or if installation by AT&T is provided as part of the Services, then upon AT&T's installation of the Equipment. 1.4 'Equipment" means equipment that AT&T sells or leases to Customer under this Agreement. 1.5 'Software" means computer programs and related object code licensed by AT&T to Customer, including any software licensed with or separately from Equipment. 1.6 "Normal Business Hours' means Monday through Friday, 8:00 a.m. to 5:00 p.m. (local time), excluding AT&T recognized holidays. 1.7 "Order' means any purchase order for Equipment or Services that references this Agreement (or an Addendum). 1.8 "Service(s)" means any or all services provided by AT&T, as further described in this Agreement or an Addendum. 1.9 "Site(s)" means Customer locations where AT&T is to perform Services. 2. SERVICE -SPECIFIC TERMS AND CONDITIONS 2.1 Limitation on Service; Applicability of Tariffs. Service is offered subject to the availability and operational limitations of the necessary systems, facilities, and equipment. Except as otherwise specified in an Addendum, regulated Services (e.g., local or long distance telephone service) are subject to applicable tariffs and/or guidebooks (generally available at www.sbc.com or from an AT&T sales representative). Customer and any Customer end -user use of Service shall at all times comply with applicable laws, regulations and any AT&T written or electronic instructions for use. 2.2 Payment and Billing. Customer will pay AT&T (i) the monthly fees and nonrecurring charges set forth in the applicable Addendum (or, in the case of regulated services, at the charges set forth in the applicable tariff and/or guidebook), and (ii) applicable taxes, surcharges, and recovery fees (including universal service fees), and customs and duties. Except as otherwise provided in the applicable Addendum, (i) billing commences on Cutover, (ii) payment is due within 30 days after the date of invoice; and (iii) payment is subject to AT&T's credit requirements and AT&T may require a security deposit to ensure prompt payment. Customer will advise AT&T of any billing dispute within 30 days after receipt of invoice or the invoice shall be deemed correct. In addition to recovering attorneys' fees and costs of collection, AT&T may assess a late payment fee equal to (i) the lesser of 1.5% per month or the maximum amount allowed by law for Equipment or non -regulated Services, and (ii) as prescribed by the applicable tariff or guidebook for regulated Services. If Customer pays electronically, Customer agrees to pay using Automated Clearing House (ACH) which shall include remittance information. 3. GENERAL TERMS AND CONDITIONS 3.1 Term and Termination. This Agreement will start on the Effective Date and remain in effect until terminated by either Party as provided herein (the "Term'). Each Addendum is coterminous with this Agreement, unless the Addendum specifies a different term. Upon expiration of the term specified, each Addendum shall remain in effect on a month -to - month basis at AT&T's then current monthly pricing. Customer, and AT&T (in the case of Services that are no longer under a term commitment), may terminate this Agreement or an Addendum without cause and for convenience upon 30 days' prior written notice. If Customer terminates an Addendum with a specified term or term commitment, Customer shall pay the termination liability (I) specified in the Addendum; or (ii) if no termination liability is specified, an amount equal to (a) 50% of the remaining monthly recurring charges due under the Addendum; and (b) any charges imposed on AT&T by any third party as a result of Customer's early termination. Customer may cancel an Order for Equipment prior to Cutover, subject to payment of any non -recoverable restocking fees or costs incurred by AT&T. Customer may not cancel an Order for Equipment after Cutover. 3.2 Termination for Breach. This Agreement (or applicable Addendum) may be terminated immediately by either Party or AT&T may suspend performance hereunder or thereunder, upon written notice to the other Party if the other Party (i) is in material breach (including but not limited to failure to make timely undisputed payments) and such failure or breach is not remedied within 30 days after the terminating Party provides written notice to the breaching Party specifically describing such breach; (ii) ceases to carry on business as a going concern, becomes the object of voluntary or involuntary bankruptcy or liquidation, or a receiver is appointed with respect to a substantial part of its assets: (iii) CONFIDENTIAL INFORMATION This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. Master_Agreement_S Page 2 of 5 0701 CC2964 1-482FK1 003.1 01i15'07 CLC Master Agreement Terms and Conditions engages in fraud, criminal conduct, or willful misconduct; or (iv) breaches the confidentiality obligations under this Agreement. 3.3 Force Maieure. Except in the case of payment of amounts due, neither Party will be liable to the other Party for any failure of performance due to any cause beyond that Party's reasonable control, including acts of God, fire, explosion, vandalism, terrorism, cable cut, storm, or other similar occurrence, any law, order, regulation, direction, action, or request by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or preemption of existing Service to restore Service in compliance with the regulatory rules and regulations, or, in the case of AT&T, delays caused by Customer or Customer's service or equipment vendors. 3.4 Assignment. Neither this Agreement (including any Addendum) nor any interest therein may be assigned; sublet, or in any manner transferred by Customer without the prior written consent of AT&T. Any attempted assignment or transfer in contravention of the preceding sentence will be void. AT&T may assign or subcontract any portion of the Services to be performed without Customer's prior written approval. 3.5 Use of Confidential Information. During the Term, each Party may obtain Confidential Information from the other Party. Written or other tangible Confidential Information must at the time of disclosure be identified and labeled as Confidential Information belonging to the disclosing Party. When disclosed orally or visually, Confidential Information must be identified as confidential at the time of the disclosure, with subsequent confirmation in writing within 15 days after disclosure. Neither Party may during the Term and for 3 years thereafter disclose any of the other Party's Confidential Information to any third party. Neither Party may use the other Party's Confidential Information except to perform its duties under this Agreement. The Confidential Information restrictions will not apply to Confidential Information that is (i) already known to the receiving Party, (ii) becomes publicly available through no wrongful act of the receiving Party, (iii) independently developed by the receiving Party without benefit of the disclosing Party's Confidential Information, or (iv) disclosed by the disclosing Party to a third party without an obligation of. confidentiality. Upon termination of this Agreement or an applicable Addendum, each Party will return the other Party's Confidential Information. 3.6 Customer Information; Access and Safe Working Environment. AT&T may rely on any information provided by Customer and assumes no liability for any damages or costs that result from errors or omissions in such information Customer shall provide AT&T with timely access to Customer information, facilities or equipment as AT&T reasonably requires to provide the Services and keep AT&T informed on developments in Customer's business or operations that may impact Service. AT&T may share Customer information and Confidential Information (including billing and usage information for Services purchased) with AT&T Affiliates and inform Customer of other AT&T product/service offerings. Customer shall maintain the Site in a suitable and safe working environment, free of Hazardous Materials. Customer represents and warrants that the area of the Site where AT&T performs Services is free of Hazardous Materials. AT&T does not handle, remove or dispose of, nor does AT&T accept any liability for, any Hazardous Materials at the Site Customer shall pay AT&T for any damages, costs, fines or penalties AT&T incurs as result of the presence or release of such Hazardous Materials. If AT&T encounters any such Hazardous Materials, AT&T may terminate this Agreement or suspend performance until Customer removes and cleans up at its expense Hazardous Materials in accordance with this Agreement and applicable law. For purposes hereof, "Hazardous Materials" means any substance whose use, transport, storage, handling, disposal, or release is regulated to any law related to pollution, protection of air, water, or soil, or health and safety. 3.7 Publicity. During the Term, AT&T may refer to Customer, orally and in writing, as a customer of AT&T and may publish a press release announcing in general terms that AT&T and Customer have entered into this Agreement and AT&T may in general terms describe the activities contemplated hereunder. Any other reference to one Party by the other Party requires written consent of the first Party. 3.8 Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATED TO LOST PROFITS, TOLL FRAUD, LOSS OF USE, AND LOSS OF DATA, OR FAILURE TO REALIZE SAVINGS OR BENEFITS) ARISING UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS. EXCEPT AS OTHERWISE PROVIDED IN ANY APPLICABLE TARIFF OR GUIDEBOOK, THE TOTAL AGGREGATE LIABILITY OF AT&T, ITS SUPPLIERS, LICENSORS, AFFILIATES, DIRECTORS, OFFICERS, AND/OR EMPLOYEES UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED AMOUNTS ACTUALLY PAID BY CUSTOMER DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CIRCUMSTANCES GIVING RISE TO THE FIRST CLAIM FOR DAMAGES UNDER THIS AGREEMENT. CONFIDENTIAL INFORMATION This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. Master_Agreement_S Page 3 of 5 0701 CC2964 1-482FK1 003.1 01/19/07CLC Master Agreement Terms and Conditions 3 9 Warranties: Disclaimer of Other Warranties. With respect to maintenance or professional Services, AT&T warrants that the Services will be performed in a professional and workmanlike manner. AT&T further warrants that it has good title to the Equipment and that the Equipment will perform in accordance with the manufacturer's published specifications during the warranty period set forth by such manufacturer and AT&T will use commercially reasonable efforts to subrogate any AT&T claims or rights against the Equipment manufacturer to Customer. AT&T makes no warranties and assumes no liability for any defects or nonconformities caused by non -AT&T approved modifications or alterations; misuse, accident or neglect; or Customer failure to comply with AT&T or AT&T vendor specifications or requirements for use. These warranties do not cover and AT&T has no responsibility for (a) installation, maintenance or operation of non - AT&T provided equipment or software or impairment caused by such equipment/software; (b) compatibility of such equipment/software with AT&T -provided Equipment or Software; or (c) modifications, alternations or repairs to Equipment or Software by persons other than AT&T or its authorized agents. EXCEPT FOR THE FOREGOING, OR AS EXPRESSLY SET FORTH IN AN ADDENDUM, AT&T MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THE MATERIALS, SERVICE, EQUIPMENT OR SOFTWARE, ALL OF WHICH ARE PROVIDED "AS IT TO THE FULL EXTENT PERMITTED BY LAW. 3.10 Indemnities. Customer will indemnify and defend AT&T, its directors, officers, employees, agents and their successors ("Agents') from and against any and all third party claims and related loss, liability, damage and expense, including attorneys' fees, (collectively "Damages') arising from improper use of Services or information or any content or data transmitted over any AT&T network or facilities. AT&T will indemnify and defend Customer and its Agents from and against any Damages finally awarded or paid in settlement based on a claim that any Service, or AT&T -provided Equipment and Software (collectively, 'Materials"), infringe a U.S. patent or copyright. If a final injunction or judgment is awarded against Customer prohibiting use of Service/Materials by reason of infringement of a U.S. patent or copyright, AT&T will at its option and expense either (a) procure the right for Customer to continue using the Service/Materials: (b) obtain and deliver equivalent non -infringing Service/Materials; or (c) terminate the infringing Service/Materials and refund to Customer amounts paid for infringing Service/Materials, less a reasonable charge for use. An indemnified Party shall provide the indemnifying Party with notice for any claim of indemnity and the indemnifying Party shall have complete authority to assume the sole defense and settlement of such claim. The indemnified Party may participate in the settlement or defense at Its own expense and shall reasonably cooperate to facilitate the defense and settlement of such claims. 3.11 Equipment. To the extent that Customer purchases Equipment under an Addendum/Attachment/SOW, the following additional terms apply: AT&T will deliver the Equipment FOB shipping point, freight prepaid and charged. Title to the Equipment and all risk of loss to the Equipment shall pass to Customer at Cutover. Upon Cutover, AT&T hereby grants to Customer a personal, nontransferable, non-exclusive license to use the Software on or with the corresponding Equipment and AT&T (or its licensors) shall retain and continue to own all right, title and interest in any Software and all copies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and all other items reasonably required to perform installation and other Services related to the Equipment and obtain any necessary licenses, permits and consents to do so. Customer has 30 days after Cutover to test the Equipment and provide AT&T with written notice if the Equipment is defective and does not conform to manufacturer's specifications. AT&T will repair or replace (at its option and expense) any such non -conformity and if the Equipment fads to conform after a reasonable number of attempts to do so, AT&T will (at its option and expense) provide replacement Equipment or refund payments for non -conforming Equipment AT&T is not responsible for and shall have no liability for, or any impairment caused by (a) any non -conformity caused by improper use or environmental or electrical conditions or attachment of non -AT&T or manufacturer materials or devices; or (b) installation, operation or maintenance of non -AT&T hardware/software. Customer is responsible for ensuring that such non -AT&T hardware/software is compatible with the Services, Equipment or Software. If Customer does not deliver a written certificate of acceptance or written notice of non -conformity within 30 days after Cutover, the Equipment shall be deemed accepted. 3.12 Miscellaneous. This Agreement sets forth the entire understanding_ of the Parties and supersedes any and all prior agreements, representations, and understandings relating to the subject matter hereof. No modifications or subsequent agreements concerning the subject matter of this Agreement will be effective unless made in writing and signed by the Parties. The parties agree that this transaction may be conducted by electronic means. AT&T shall not be bound by any electronic or pre-printed terms additional to, or different from, those in this Agreement that may appear in Customer's form documents, orders, acknowledgments or other communications. Customer shall not resell any Services without AT&T's written consent. Any legal action arising under this Agreement must commence within 2 years after the cause of action arises. AT&T, its employees, agents, and representatives are not employees, servants, partners, or joint venturers of or with Customer. AT&T is an independent contractor and will at all times direct, control, and supervise all of its employees. This Agreement will be governed by the laws of Texas, without regard to its conflicts of law rules. The Parties specifically disclaim the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. If any provision of this Agreement is determined to be invalid or unenforceable, this Agreement will be construed as if it did not contain such provision. The failure of a Party to insist upon strict performance of any provision of this Agreement in any one or more instances will not be construed as a waiver or relinquishment of such provision and the same will remain in full force and effect. CONFIDENTIAL INFORMATION This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies Master_Agreement_S Page 4 of 5 0701 CC2964 1-482FK1 003.1 01;19;07 CLC Addendum and Attachment Ust This Addendum and Attachment List to the Master Agreement (the "List) between AT&T and Customer, current as of the Effective Date, is incorporated into the Agreement by this reference. All Addenda and Attachments shall be attached to the Agreement. 1 AT&T Telecommunications Services State Tariff Services Within AT&T's Franchise Territory in the State of California - ICB Pricing Schedule 2. AT&T Addendum No. 1 to Master Agreement Individual Case Basis Terms & Conditions For Regulated State Local Exchange Carrier Telco Services This List may be amended from time to time in writing and signed by the Parties. CONFIDENTIAL INFORMATION This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. Master_Agreement_5 Page 5 of 5 0701 CC2964 1-482FK1 003.1 01119/07 CLC AT&T Master Agreement date last signed AT&T Addendum No. 1 to Master Agreement Individual Case Basis Terms & Conditions For Regulated State Local Exchange Carrier Telco Services CUSTOMER Legal Name AT&T Contact Information Customer Name ('Customer'): National City Public Library Street Address: 200 East 12`h Street City:Dallas, National City State / Province: CA Country: USA Domestic / Intemational Zip Code: 91950 AT&T AT&T Global Services ("AT&T') One AT&T Plaza Texas 75202 Email: mast(d)att.com CUSTOMER Contact AT&T Sales Contact Name: Anne Campbell Title: City Librarian Telephone: Fax: 619-336-4368 Email: Name: Rachelle Waters Street Address: 101 W. Broadway, Room 370 City: San Diego, State: CA Zip Code: 92101 Telephone: 619-237-3716 Email: rw1969@att.com Fax: 619-544-0042 Sales/Branch Manager: First name and Last CUSTOMER Signature AT&T Signature Authorized Agent or Representative Authorized Agent or Representative Print Name and Title Print Name and Title Date Date This Addendum outlines Individual Case Basis Terms & Conditions For Regulated State Local Exchange Services (-Addendum"), and is part of the Master Agreement between AT&T and Customer referenced above (the 'Agreement"). In the event of an inconsistency or conflict between the Agreement, this Addendum and AT&T's tariffs, and notwithstanding the order of precedence set forth in the Master Agreement, the governing order of precedence shall be (1) the ICB Pricing Schedule (2) this Addendum, (3) the Agreement, and (4) the applicable tariff, except in Connecticut where the order of precedence shall be 1) the ICB tariffs, 2) the ICB Pricing Schedule, 3) this Addendum; 4) the Agreement. 1. THE SERVICE; DEFINITIONS 1.1 Services A. SBC Global Services, Inc. dba AT&T Global Services on behalf of its Affiliate(s) named below which provide local exchange service ('AT&T'), will provide the Services to Customer under this Addendum which are identified in the Pricing Schedules and applicable Tariffs or Catalogs ('Tariffs"). B. The pricing, service descriptions and other provisions relating to the Services will be as set forth in: (i) this Addendum (including, the attached Pricing Schedules); (ii) the Agreement's Terms and Conditions; and (iii) the appropriate section of the Tariffs. C. This Addendum shall remain in effect until all Pricing Schedules provided under this Addendum have expired 1.2 AT&T Affiliates Illinois Bell Telephone Company dba AT&T Illinois; Indiana Bell Telephone Company, Incorporated dba AT&T Indiana; Michigan Bell Telephone Company, dba AT&T Michigan; The Ohio Bell Telephone Company dba AT&T Ohio; Wisconsin Bell, Inc dba AT&T Wisconsin; Southwestern Bell Telephone, L.P. dba in the states of Arkansas, Kansas, Missouri, Oklahoma and Texas as AT&T Arkansas, AT&T Kansas, AT&T Missouri, AT&T Oklahoma and AT&T Texas, respectively; Pacific Bell Telephone Company dba AT&T California, Nevada Bell Telephone Company, dba AT&T Nevada; The Woodbury Telephone Company dba AT&T Woodbury; and The Southern New England Telephone Company dba AT&T Connecticut CONFIDENTIAL INFORMATION Except with respect to Services provided in Ohio, this agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. ICB_Addendum_to_Master_for_Reg_Services Page 1 of 5 RBOC_reg 0701 CC2964 1-4821,K1 003.1 01r19,07 CLC AT&T Master Agreement date last signed AT&T Addendum No. 1 to Master Agreement Individual Case Basis Terms & Conditions For Regulated State Local Exchange Carrier Telco Services 1.3 Definitions "Cutover" is when the Service is first provisioned or otherwise available for Customer's use at any single Site at the rates provided in this Pricing Schedule. "Effective Date' of a Pricing Schedule is the date on which the last party signs this Addendum or, for a subsequently added Pricing Schedule, the date on which the last party signs the Pricing Schedule. If the rules of a regulatory authority having jurisdiction respecting a Service would require a later date, or an applicable tariff filing would require a later date, then the Effective Date of the applicable Pricing Schedule shall be in accordance with such rules. "Pricing Schedule" means an ICB pricing schedule to this Addendum, either appended hereto or subsequently signed by the parties and referencing this Addendum. "Pricing Schedule Term" is the period of time stated in the applicable Pricing Schedule. "Service" means collectively all of the Service Components Customer orders under a Pricing Schedule. "Service Component" means the individual components of a Service that Customer orders under a Pricing Schedule. 2. TERMINATION The following termination provisions are only applicable to Services provided pursuant to an ICB Pricing Schedule. 2.1 If a Service or a Service Component is terminated, Customer must pay all charges incurred as of the effective date of termination. 2.2 If Customer terminates a Service or a Service Component for material breach by AT&T, Customer shall not be liable for any Termination Charges. 2.3 Termination for Convenience. If Customer terminates a Service with a specified term or term commitment ("Term"), in whole or in part, for convenience or AT&T terminates for Customer's default, on or after Cutover but before the scheduled completion of the Term, Customer shall pay the termination liability (i) specified in the Pricing Schedule; or (ii) if no termination liability is specified, an amount equal to (a) all unpaid non -recurring charges (excluding non -recurring charges that were waived or incorporated into the monthly recurring rates), (b) fifty percent (50%) of the recurring monthly charges rate for the terminated Service as set forth in the Pricing Schedule, multiplied by the number of months remaining in the term of the Pricing Schedule at the point of termination, and (c) any special construction liabilities. 3. PRICING 3.1 Pricing Schedule For custom priced Services, unless otherwise stated in a Pricing Schedule and except in Connecticut (where custom prices are not only set forth in the Pricing Schedule but also contained in ICB Tariffs), the rates and charges stated in the Pricing Schedule are stabilized until the end of the Pricing Schedule Term, and apply in lieu of the corresponding rates and charges set forth in the Tariffs. For Services provided per Tariff pricing, during the Term, rates will not increase above monthly rates set forth in the Pricing Schedule and rate decreases will automatically be applied to the monthly rates. Pricing for any Services that are not listed in a Pricing Schedule will be as described in the Tariffs. 3.2 Discounts Any discounted rates set forth or referenced in a Pricing Schedule are the only discounted rates applicable to the Services and will be applied 10 the Services in the manner and to the extent specified in the Tariffs. 3.3 Promotions/Credits/Waivers Customer is eligible only for promotions, credits or waivers identified in the applicable Pricing Schedule. Unless otherwise stated in this Addendum or the applicable Pricing Schedule, any additional promotions, credits or waivers set out in the Tariffs will not apply. CONFIDENTIAL INFORMATION Except with respect to Services provided in Ohio, this agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. ICB_Addendum_to_Master_for_Reg_Services Page 2 of 5 0701 CC2964 1- 112FK1 003.1 RBOC_reg 01'1907C1.C' AT&T Master Agreement date last signed AT&T Addendum No. 1 to Master Agreement Individual Case Basis Terms & Conditions For Regulated State Local Exchange Carrier Telco Services 3.4 Charges For Services provided under a custom pricing plan, Customer shall pay the non -recurring charge and/or monthly rate as listed in the applicable Pricing Schedule, which shall commence upon Cutover. 4. TARIFF AND REGULATORY REl3ULATIONS Each Pricing Schedule is subject to the jurisdiction of a regulatory commission and will be subject to changes or modifications as the controlling commission may direct from time to time in the exercise of its jurisdiction. Therefore, for this purpose, each Pricing Schedule will be deemed to be a separate agreement with respect to the Services offered in a particular jurisdiction. AT&T will, subject to the availability and operational limitations of the necessary systems, facilities, and equipment, provide the Services pursuant to the terms and conditions in the Tariffs. This Addendum and each Pricing Schedule may be filed with the appropriate state commission. If approval is required and not obtained, then this Addendum and/or the applicable Pricing Schedule will immediately terminate, and Customer shall receive a refund of any non -recurring charge paid and pre -paid amounts for Services not received. 5. SERVICES AND JURISDICTION CERTIFICATION Customer acknowledges and certifies that the interstate traffic (including Internet traffic) constitutes ten percent (10%) or Tess of the total traffic on any non -switched circuit(s) purchased under any ICB Pricing Schedule associated with this Addendum. In California, Nevada, Illinois, Indiana, Michigan, Ohio and Wisconsin this clause is not applicable when AT&T DS1 or DS3 Service is used solely for the transport portion of AT&T local access ISDN Primary Rate Interface (PRI) service or AT&T Digital Transport Service -Enhanced channel(s). 6. INSTALLATION AND CUTOVER Cutover of Service hereunder requires the installation of certain equipment and facilities on AT&T's side of the demarcation point. Customer shall be responsible for providing adequate space and power, as determined by AT&T, for equipment requirements at the designated locations. If Cutover is delayed due to changes, acts, or omissions of Customer, or Customer's contractor, or due to any force majeure event as defined in the 'Force Majeure" provision of the Agreement, AT&T shall have the right to extend Cutover for a reasonable period of time equal to at least the period of such delay and consequences. If Customer cancels this Addendum or a Pricing Schedule before the Service is Cutover for reasons not excused herein, Customer shall reimburse AT&T for all expenses incurred in processing the order and in installing the required equipment and facilities completed up to the date of cancellation as specified in the Tariffs. All equipment, facilities and lines furnished by AT&T are the sole property of AT&T and are provided upon condition that they will be installed, relocated, removed, changed and maintained exclusively by AT&T as it deems appropriate in its sole discretion. 7. SERVICE AND MAINTENANCE OBLIGATIONS AT&T represents to Customer that, for the Pricing Schedule Term, the applicable Services shall operate substantially and materially in accordance with the specifications in the Tariffs, If, under normal and proper use, the Service fails to perform substantially as specified above, and Customer notifies AT&T within the Term, AT&T shall correct such Service degradations or failures without charge to Customer, in accordance with the terms of this Addendum. Customer may report service and feature problems seven (7) days per week and twenty-four (24) hours per day. AT&T's repair obligation does not include damage, defects, malfunctions, service degradations or failures caused by Customer's or third party's abuse, intentional misuse, unauthorized use or negligent acts or omissions. In addition, the foregoing repair obligation applies only if Customer provides AT&T with access on its side of the demarcation point to enable AT&T to perform maintenance or repair work. In the event of a Service interruption, a credit allowance will be made for the affected portion of the Service to the extent specified by the Tariffs. No other liability shall attach to AT&T as a result of such interruption to Service. Equipment and facilities furnished by AT&T on Customer's premises, or furnished on any other property, shall be returned to AT&T in good condition, reasonable wear and tear thereof excepted. In case of damage, loss or destruction of any of AT&T's equipment or facilities, and not due to the negligence of AT&T or to fire, storm or other like casualty, Customer shall pay to AT&T the lesser of the value of the equipment, facility or line damaged, lost or destroyed, or the cost of restoring it to its original condition, as the case may be, less ordinary wear and tear. CONFIDENTIAL INFORMATION Except with respect to Services provided in Ohio, this agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. ICB Addendum to_Master_for_Reg_Services Page 3 of 5 RBOC_reg 0701 CC2964 1-4R2FK1 003.1 01:19'07CLC AT&T Master Agreement date last signed AT&T Addendum No. 1 to Master Agreement Individual Case Basis Terms & Conditions For Regulated State Local Exchange Carrier Telco Services 8. Terms and Conditions only applicable to Pricing Sched ues with Clist9m priced Services in California. If Customer Is not Dut hasina Services in California under an iCB Pricing Schedule under this Addendum then thls section does not apply to Customer, 8.1 Confidentiality. Customer requests that its identity be kept confidential and not be publicly disclosed in connection with any required regulatory filings by AT&T or the California Public Utilities Commission (CPUC), unless required by law. 8.2 IntraLATA Usage. Customer's locations with average monthly inbound and outbound intraLATA usage volumes equal to or greater than 8000 minutes of use, are defined as High Volume Locations. All other Locations are defined as Low Volume Locations. AT&T California will provide a list of the High Volume Locations to Customer prior to the Effective Date of the Pricing Schedule. All new locations are assumed to be Low Volume Locations until AT&T California evaluates the actual usage volumes. The Locations List and all new locations shall be evaluated and updated on the anniversary date of this Pricing Schedule or as otherwise mutually agreed to insure that Locations are in the proper category. 8.3 Direct Dialed Calling Card. The Direct Dialed Calling Card "per message" service and pay phone charges set forth in AT&T California's Tariff Schedule D.11 shall also apply. Calling card calls that originate outside of AT&T California's franchise territory or are operator assisted are not included in this Addendum and such calls will be billed at the prevailing tariff price. 8.4 The IntraLATA Local Toll and Direct Dial Local (Zone) 3 Service provided under the Pricing Schedule shall be billed in initial increments of eighteen seconds and subsequent increments of one second. Direct Dial Local and Zone Usage Measurement Service (Zone 1 and 2) provided under the Pricing Schedule shall be billed in increments of one minute. Custom 8 service shall be billed in 1/1000th of an hour increments. Customer will be charged the prevailing monthly recurring charge associated with a Regular Business Line and a Dedicated Access Line, and the nonrecurring installation charges for both a Regular Business Line and a Dedicated Access Line, in accordance with the prevailing Custom 8 tariff. 8.5 Customer must maintain a minimum annual average message (call) length of one minute for the following California Services provided hereunder: IntraLATA Toll, Direct Dialed Calling Card and/or IntraLATA Local Toll and Direct Dial Local (Zone) 3 Service. If Customer fails to maintain an annual one minute average call length for any of the Services, Customer will be charged the difference between the price(s) for the actual call length average and the price(s) for the one minute average. The discount prices will take effect within fifteen days of the Commencement Date of the Pricing Schedule, except that the discount price for billed telephone numbers ("BTNs") installed in the forty-five day period prior to the Commencement Date or anytime thereafter will take effect on the next bill round date after the Commencement Date. 8.6 Unless otherwise stated in the Pricing Schedule, the prices set forth in the Pricing Schedules do not include applicable Federal Access End User Common Line Charges, local number portability charges, CPUC or FCC mandated surcharges or applicable taxes, toll usage, directory listings or other miscellaneous Tariff charges. Applicable Federal Access End User Common Line Charges, tocal number portability charges, tariff prices, surcharges and taxes will be billed on a monthly basis. AT&T California's Tariff Schedule Cal. P.U.C. No. A2.1.33, surcharges/surcredits, are not applicable to the prices set forth in the Pricing Schedules. 8.7 Except if specified in a Pricing Schedule, the Services set forth in the Pricing Schedules do not include intrabuilding network cable, Simple Inside Wire, repair services for such cable and wire, wiring associated with Customer -provided terminal equipment, Off -premises station mileage, or usage associated with Foreign Exchange Service, Data Lines, or Tie Lines. 8.8 Customer acknowledges and warrants that it lacks requisite regulatory authority such as Certificates of Public Convenience and Necessity ("CPCN") or other like authorization to resell services, and Customer is prohibited from reselling the Service provided pursuant to this Schedule to any other customers. However, Customer may make the Services provided hereunder available to its own subsidiaries or to legally affiliated entities. If Customer obtains regulatory authority to resell services and attempts to resell the Services provided hereunder, AT&T may, on ten days written notice, terminate any Schedule or portion of a Schedule for regulated local exchange telco Services in California. 9. Terms and Conditions only applicable to Pricing Schedules with custom priced Services in Ohio. If Customer is not purchasing Services in Ohio under an ICB Pricing Schedule under this Addendum. then this section does not apply to Customer. To the extent this Addendum relates to regulated Services provided in Ohio: CONFIDENTIAL INFORMATION Except with respect to Services provided in Ohio, this agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. ICB_Addendum_to_Master_for_Reg_Services Page 4 of 5 RBOC_reg 070 i CC29t'4 1-482FK1 003.1 01 ) 0.07 CI.0 AT&T Master Agreement date last signed AT&T Addendum No. 1 to Master Agreement Individual Case Basis Terms & Conditions For Regulated State Local Exchange Carrier Telco Services 9.1 Inclusion of termination liability in this Addendum or any Pricing Schedule does not constitute a determination by the Public Utilities Commission of Ohio (PUCO) that the termination liability is approved or sanctioned. The Customer is free to pursue its legal remedies should a dispute arise. 9.2 Approval of limitation of liability language by the Public Utilities Commission of Ohio (PUCO) does not constitute a determination by the Commission that the limitation of liability imposed by the company should be upheld in a court of law. Approval by the Commission merely recognizes that since it is a court's responsibility to adjudicate negligence and consequential damage claims, it is also the court's responsibility to determine the validity of the exculpatory clause. 9.3 In Ohio, Customer is not precluded from disclosing the terms and conditions of the Master Agreement or this Addendum or any Ohio Pricing Schedule to another entity. 10. ENTIRE AGREEMENT This Addendum (including Pricing Schedules and attachments), the Agreement, and the Tariff(s) are the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, proposals or understandings, whether written or oral. This Addendum may not be modified except by a writing signed by both parties. End of Document CONFIDENTIAL INFORMATION Except with respect to Services provided in Ohio, this agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. ICB_Addendum_to_Master_tor_Reg_Services Page 5 of 5 RBOC_reg 0701 CC2964 1-41221,K1 003.1 01:19,07Ct.0 AT&T California - ICB Pricing Schedule for State Tariff Services Master Agreement date last signed at&t AT&T Telecommunications Services State Tariff Services Within AT&T's Franchise Territory In the State of California - ICB Pricing Schedule CUSTOMER{"Customer"). AT&T Global Services("AT&T') - - AT&T Sales -Contact Name .PrlmaryContsct National Cky Public Library SBC Global Services, Inc. dba AT&T Global Services on behalf of Its Affiliates Name: Rochelle Waters CUSTOMER Address AT&T -Address AT&TSalas Contact Information and - for Contract.NotIcea Street Address: 200 East 12' Street City: National City State: CA Zip Code: 91950 One AT&T Plaza Dallas, Texas 75202 Street Address: 101 West Broadway, Suite 370 City: San Diego Stale: CA Zip Code: 92101 Fax: 619-544-0042 Email: tw1969Qatt.com Sales/Branch Manager: SCVP/RVP Name: -CUSTOMER Contact CUSTOMER -Billing Address 'AT&T Authorized Agent or R,pritsea[atIVe Informatfon.(if -, applfcable),PrlmaryContact Name: Anne Campbell Title: City Librarian Telephone: Fax: 619-336-4368 Email: Street Address: City State: Zip Code: Name: Company Name: Agent Address: City: State: Zip Code: Telephone: Fax: Email: Agent Code This Individual Case Basis (ICB) Prising Schedule ('Schedule') is an attachment to Addendum No. 1 to the Agreement between ' T and Customer referenced above, and is part of the Agreement. ST Affiliate: Pacific Bell Telephone Company dba AT&T California SO AGREED by the parties' respective authorized signatories: CUSTOMER By: Typed or Printed Name: Title: Date: AT&T GLOBAL SERVICES By: Typed of Printed Name: Title: Date: CONFIDENTIAL INFORMATION This agreement is hv use by authorized empbyees of the parties hereto orgy and is not for general dishibution Inlhh or outskle Cher companies CA 96A_Pncing Schedule Page 1 of 4 RBO(: reg 0701 CC2904 1-48211RI 0011 01,I9,07 CIA' Field Code dunned Reid Code Changed AT&T California - ICB Pricing Schedule for State Tariff Services Master Agreement date last signed GENERAL TERMS AND CONDITIONS The following terns and conditions apply to the Services subscribed to by Customer under this Pricing Schedule. ICES pricing is offered to Customer pursuant 10 ails Pricing Schedule because of the unique size or configuration of Ihese business services. 1. GENERAL DESCRIPTION OF SERVICE TO BE PROVISIONED —INSTALLED AND MAINTAINED The Service(s) described below is provisioned solely by AT&T, and is not jointly provisioned with any other carrier. Service OPT-E-MAN® Description OPT-E-MAND Service. ("Service") OPT-E-MAND Service provides a fiber -based service that transparently interconnects two or more Customer locators within a Metropolitan Area Network (MAN) as If they were segments on the same LAN using packet -based switching technologies. The Service provides dedicated bandwidth from 5 Mbps up to 1 °bps. The handoft to Customer will be a 10/100 Mbps or 1 Gbps Ethernet interface. Customers may connect any two or more locations together, as long as they are in the same LATA or MAN end the Service is available. The Service offers logical point-to-point or point-to-multipoint or muhipoint-to- muhipoint configurations that support Ethemet-to-Ethemet LAN connections. If Customer connects to the OPT-E-MAN network using a bridge or switch for Layer 2 connectivity, only 50 Media Access Control (MAC) addresses can be used per Layer 2 device, per port. Any additional MAC addresses will be assigned additional charges, with a limit of 100 MAC addresses total per port us set forth in the applicable tariff. 2. pRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Schedule Term and Term Start Date The term of this Pricing Schedule shall begin upon Cutover but If regulatory approval Is required, in no event shall Cutover occur prior to the date of approval by the California Public Utilities Commission (CPUC), and will continue for twenty four (2A) months (-Pricing Schedule Tern'). No rates or discounts shall be applied prior to Cutover. Upon the expiration of the Pricing Schedule Term, any rates or discounts provided hereunder will no longer apply. Effective Date of Rates and Discounts Pricing Schedule Term Start Date J 3. GROWTH / ADDITIONAL SERVICES, INSTALLATION. ADDS, MOVES AND CHANGES The price in Section 4.2 below reflects the rate to initially provision and install the now quantities of Service(s) as set forth in Section 4.2. Unless otherwise stated herein. for all other installations, adds, moves and changes of any Service provided hereunder, Customer will pay the prevailing tariff monthly and non-recuning charge. CONFIDENTIAL INFORMATION This agreement is for use by authorized employees of the parties hereto oily and is not for general als1nbution wthr or outside their companies CA_96A_Pricing Schedule Page 2 of 4 RBOC reg 0701 re-2064 1-4521K1 001.1 01,1907 CL' AT&T California - ICB Pricing Schedule for State Tariff Services REV€NUE COMMITMENT AND RATES 4.1. Revenue Commitment Master Agreement date last signed Monthly Quantity Commitment r $2,470.00 Customer has elected to pay on a monthly basis for the term of this Pricing Schedule. The monthly price set forth above Is for the minimum quantity of Service as set forth and described In Section 4.2 below. The price includes the monthly service charge for the minimum quantities. If Customer elects to decrease the Service to less than the minimum quantifies described In Section 42 below, Customer will continue to pay the monthly price set forth above. 4.2. Rates: Service Components, Quantities, Monthly Rates, and Non -recurring Charges Detcrfptlon— Service Components Service Description USOC New Quantity Existing Monthly Recurring Rate, each Non - Charge, each OPT-E-MAN OPT-E-MANQ Basic Connect 100M P9FEX 2 $ 650.00 $ 685.00 $ 2,500.00 OPT-E-MAN , CIR Speeds 10Mbps (Bronze) R6EBB 2 $ 75.00 End of Document thls Section — Locations follow CONFIDENTIAL INFORMATION This agreement is for use by authorized empbyees of the parties hereto oryy and is not tor general distribution wdhn or outside they compares CA 96A Pricing 5cheduN Page 3 of 4 RSOC_reg 0701 CC2961 L W2FKI 003 1 01,19'07 CLC AT&T California - ICB Pricing Schedule for State Tariff Services Master Agreement date last signed AT&T TELECOMMUNICATION SERVICES PRICING SCHEDULE INCLUDES PRICING FOR SERVICES PROVIDED AT THE CUSTOMER LOCATIONS NOTED BELOW National City Public Library 5. SERVICE LOCATIONS Rt CALIFORNIA SERVICE OPT-E-MAN LOCATION 1401 National City Blvd. OPT-E-MAN National City 6401 Linda Vista Rd. San Diego CA CA End of Document 91950 92111 CONFIDENTIAL INFORMATION this agreement is for use by authorized employees of the parties hereto ony and is not for general o86ibution within or outside their companies CA_96A_Pncing Schedule Page 4 of 4 R8OC rug 0701 CC2964 6482F1(1 MA I OI19:07 (`If City of National City, California COUNCIL AGENDA STATEMENT 11 MEETING DATES 4-17-07 AGENDA ITEM NO. (11-rEM TITLE Resolution of the City Council of the City of National City Approving the Transfer of Funds from the Undesignated Fund Balance Account to the Personnel Compensation Account in an Amount not to Exceed $22,000 in Support of a One-time Incentive Payment for Certain Employees in the Confidential Group. PREPARED BY Chris Zapata (336-4240) City Manager EXPLANATION See attached. DEPARTMENT City Manager Environmental Review Financial Statement Monies for this purpose are available in the General Fund for this purpose will be transferred from the Undesignated Account (212-409-000-199). ✓ N/A —Undesignated Fund Balance (001-2501). Funds Fund Balance to the Personnel Compensation Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION �l; A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9180) On February 20, 2007, the City Council unanimously approved the allocation of funds for the payment of a "one-time" incentive payment to Management and Executive employees. Such one-time incentive payments were awarded at five percent (5%) and six percent (6%) of base salary, respectively. One-time bonuses were also granted to employee groups in 2004 and 2005. In keeping with that practice, authorization is sought to grant a one-time incentive payment of five percent (5%) or $2500, whichever is greater, to Confidential employees. The Confidential employee group is currently comprised of eight employees performing duties and having access to information of such a sensitive and confidential nature to the organization that they have been exempted from representation by the formally recognized labor organizations. As such, the compensation and benefits of Confidential employees is at the discretion of the City Manager, with approval by the City Council. In June, 2005, Confidential employees received a one-time incentive payment of $2500. This year, consistent with the Management employee group, it is recommended that the Confidential employee supplement he based on a percentage of base salary: five percent (5%). In calculating five percent (5%) of base salary for this employee group, for some incumbents, the one-time compensation is an amount less than the $2500 distributed in June, 2005. It is recommended that members of this group receive no less than the previous $2500. Therefore, it is recommended that the Confidential employee group receive a one-time incentive payment of five percent (5%) or $2500, whichever is greater. The overall cost will not exceed $22,000. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE TRANSFER OF FUNDS FROM THE UNDESIGNATED FUND BALANCE ACCOUNT TO THE PERSONNEL COMPENSATION ACCOUNT IN AN AMOUNT NOT TO EXCEED $22,000 IN SUPPORT OF A ONE-TIME INCENTIVE PAYMENT FOR CERTAIN EMPLOYEES IN THE CONFIDENTIAL GROUP WHEREAS, on February 20, 2007, the City Council adopted Resolution No. 2007-29, which approved the allocation of funds for the payment of a "one-time" incentive payment to Management and Executive employees; and WHEREAS, the Confidential Employee Groups have not had an increase in salary since December, 2004; and WHEREAS, a 5% incentive payment is requested to supplement confidential employees' salaries on a one-time basis; and WHEREAS, a transfer of funds from the Undesignated Fund Balance Account to the Personnel Compensation Account is necessary to fund said payment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following transfer of funds: FROM: Account No. 001-2501 Undesignated Fund Balance TO: Account No. 212-409-000-199 Personnel Compensation Account TOTAL AMOUNT: Not to exceed $22,000 PURPOSE: To fund a one-time incentive payment to certain employees of the Confidential Employee Group PASSED and ADOPTED this 17th day of April, 2007. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 12 MEETING DATE5 April 17, 2007 AGENDA ITEM NO. ITEM TITLE Resolution Authorizing the Mayor to Execute an Agreement with the San Diego Unified Port District for Police, Fire and Emergency Medical Services PREPARED BY Chris Zapata 619/336-4240..' DEPARTMENT City Manager EXPLANATION Please see attached Staff Report Environmental Review ✓ N/A Financial Statement See attached Account No. STAFF RECOMMENDATION Approve the Agreement BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Contract with San Diego Unified Port District 2. Resolution A-200 (9/80) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES WHEREAS, the San Diego Unified Port District ("the District") desires to contract for the provision of police, fire, and emergency medical services to the non -ad valorem taxpaying properties located on the City's tidelands; and WHEREAS, the City has the capacity to provide police, fire, and emergency medical services to said District properties; and WHEREAS, the District has an obligation to adhere to a principle of reimbursement for services actually performed on tideland trust property, wherein the cost bears a direct relationship to the services provided, the reimbursement is substantiated by an auditable record, and for which the reimbursement is reasonable and falls with the trust purposes of the District; and WHEREAS, the District may authorize the disbursement of money for specified and approved categories of reimbursement to a City providing such services based upon a submittal of records kept in the normal course of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of National City that the Mayor is hereby authorized to execute an Agreement with the San Diego Unified Port District for police, fire, and emergency medical services. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 17th day of April, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE _.._April 17, 2007 AGENDA ITEM NO. 13 ITEM TITLE WARRANT REGISTER # 36 PREPARED BY DEPARTMENT D. Gallegos -Finance EXPLANATION Finance Tess E. Limfueco 610.336-1330 Ratification of Warrant Register # 36 per Government Section Code 37208. Environmental Review N/A 7-Financial Statement Not applicable. >STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,479,005.86 BOA Approved By:,� Fin nce Director Account No. 1?-9- l<41.-C11-t/ ATTACHMENTS ( Listed Below ) Resolution No.. 1. Warrant Register #36 2. Workers Comp Warrant Register dated 3/7/07 3. Payroll register dated 3/7/07 RD / COMMISSION R COMMENDATION City of National City WARRANT REGISTER # 36 3/13/2007 PAYEE DESCRIPTION CIIK NO DATE AMOUNT BAYSHORE TRANSIT MGMT INC PAYROLL CK DTD 03/09/07 213600 3/8/2007 180,241.29 STEVENS CONSTRUCTION FEB 2007 SVCS-REMODEL OLD LIBRARY 213601 3/8/2007 151,438.50 AAA RADIATOR WAREHOUSE CAR PARTS - ALTERNATORP03 213602 3/13/2007 193.67 ACRO INSTRUMENT CO. CALIBRATION SERVICE 213603 3/13/2007 35.00 AIRGAS-WEST MOP #45714 GLOVES 213604 3/13/2007 92,82 AMERICAN ROTARY BROOM CO. MOP #62683 SWEEPER PARTS 213605 3/13/2007 598.82 ARCO GASPRO PLUS FUEL - FEBRUARY 2007 213606 3/13/2007 19,739.63 ARJIS MISC CHGS-10/01-12/31/06 213607 3/13/2007 1,802.00 AUSTIN REFUND OF SEWER FEES FY05 213608 3/13/2007 384.96 BANK OF AMERICA MISC CHGS/ACCT #4024421000318875 213609 3/13/2007 527.96 BARGAIN CENTER INC. HIP WADER BOOTS (2) SIZE 9 213610 3/13/2007 255.14 BDS ENGINEERING INC SEWER SYS CIVIL ENG'G DESIGN SRVCS 213611 3/13/2007 3,806.00 BONNIE STYLES TICKETS- NC YOUTH SVC AWARD 213612 3/13/2007 50.00 CALIFORNIA ELECTRIC SUPPLY MOP #45698 LIBRARY 213613 3/13/2007 311.77 CARQUEST AUTO PARTS MOP #47557 PARTS 213614 3/13/2007 59.01 CEB CA ADMIN MANDAMUS 2007 213615 3/13/2007 172.13 CHEVRON USA, INC. MOP #45699 - GAS FOR CITY VEHICLES 213616 3/13/2007 260.42 CINGULAR WIRELESS DATA VOICE SVC 01/21-02/20/07 213617 3/13/2007 1,762.86 CORPORATE EXPRESS MOP #45704 - OFFICE SUPPLIES 213618 3/13/2007 1,135.39 CPR SAVERS & FIRST AID SUPPLY OFFICE. SUPPLIES 213619 3/13/2007 16.67 CSULB FOUNDATION ADV TUITION- SAC MANAGEMENT 213620 3/13/2007 520.00 1 CYGNUS EXPOSITIONS REGISTRATION- FIREHOUSE WORLD 2007 213621 3/13/2007 1,050.00 DAPPER TIRE COMPANY SET OF 4 TIRES 213622 3/13/2007 22... , DAY WIRELESS SYSTEMS EQUIP SVC FOR FEB 2007 213623 3/13/2007 867.99 DEPT OF TRANSPORTATION JAN 2007 SIGNALS AND LIGHTING 213624 3/13/2007 3,522.52 DIXIELINE LUMBER CO. MOP #45707 - KEY SAFE 213625 3/13/2007 38.69 ENTERPRISE GROUP COPY PAPER 213626 3/13/2007 2,348.95 ENVIRONMENTAL HAZARDS SVCS LEAD WIPE SAMP/ EHS PROJECTS 213627 3/13/2007 294.00 ETZLER ADV SUBS/TRAVEL - SAC MANAGEMENT 213628 3/13/2007 431.58 RODGERS SPECIALTY CONTRACTOR REFUND- CHULA VISTA LICENSE FEE 213629 3/13/2007 59.00 FERGUSON ENTERPRISES, INC MOP #45723 SUPPLIES 213630 3/13/2007 381.60 FIFIELD ADV SUBS/TRAVEL- SAC MANAGEMENT 213631 3/13/2007 431.58 GEORGE WATERS NUTRITION CNTR REFRESHMENT ORDER- NUTRI CNTR 213632 3/13/2007 46.75 GLOBAL CTI GROUP 16-CHANNEL VOICE/FAX 213633 3/13/2007 702.50 GROSSMAN PSYCHOLOGICAL ASSOC PRE-EMP PSYCHOLOGICAL EXAM 213634 3/13/2007 2,640!`.._ GTC SYSTEMS, INC. 139 IlOURS GTC PROFESSIONAL 213635 3/13/2007 2,148.00 HONEYWELL INC. MECHANICAL MAINTENANCE 213636 3/13/2007 19,885.50 HYDRO-SCAPE PRODUCTS INC. MOP #45720 ADAPTERS 213637 3/13/2007 2.14 I.M.P.A.C. GOVERNMENT SVCS CAL CARD - B. HODGES 213638 3/13/2007 576.97 INFRASTRUCTURE ENGINEERING JANUARY 2007 SERVICES 213639 3/13/2007 12,880.00 JC TOWING MOP #28862 TOWING '00 FORD 213640 3/13/2007 50.00 JOHN DEERE LANDSCAPES MOP #69277 OIL 213641 3/13/2007 82.75 JUDD ELECTRIC LABOR & MATERIALS 213642 3/13/2007 240.00 LOPEZ 'TRANSLATION SVCS 03/06/07 213643 3/13/2007 100.00 MAAC PROJECT MAAC CONTRACT - LEAD HAZARD 213644 3/13/2007 22,563.00 MAINTEX, INC. JANITORIAL SUPPLIES 213645 3;13/2007 4,590.68 MAYER IIOFFMAN MCCANN P.C. ANNUAL AUDIT OF CNC Y/E 6-30-06 213646 3/13/2007 4,1 10.00 MAYER REPROGRAPHICS REPRODUCTION OF PLANS & SPECS 06-3 213647 3/13/2007 398.5. MJC CONSTRUCTION CONSTRUCTION - PARADISE CREEK PROj 213648 3/13/2007 94,154.50 MOORE REMB- CASH HANDLING SEMINAR 213649 3,13.2007 75.00 2 MYERS TIRE SUPPLY N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY CAR WASH NEXUS INTEGRATED SOLUTIONS ONE SOURCE DISTRIBUTORS OUCHI'S POWER EQUIPMENT PACIFIC PRODUCTS & SERVICES PERRY FORD PERVO TRAFFIC CENTER PORTILLO CONCRETE, INC. PRIMA CALIFORNIA CHAPTER PRO GEAR PRUDENTIAL OVERALL SUPPLY CEMENT, FAST DRY CHEMICAL CITY ENHANCEMENT FUND MAR 2007 CITY ENHANCEMENT FUND FEB 2007 CITY ENHANCEMENT FUND JAN 2007 MOP #45735 - OIL FILTER JANUARY 2007 CAR WASHES NEC/SOFTWARE MAINTENANCE MOP #67256 ELECTRICAL SUPPLIES MOP #45740 PLATES ALUMINUM SHELL/STEEL PIN PARTS/ ANTI-FREEZE/SPARK PLUGS .. MOP #63846 ROUSTON & IBARRA JANUARY 2007 SERVICES 2007 PRIMA MEMBERSHIP DUES SEALER, LOCKTITE & LABOR MOP #45742 UNIFORMS - PARKS REGIONAL COMMUNICATIONS SYSTEI RADIO MAINTENANCE-FEB 07 RODRIGUEZ ADV TRAVEL-M RODRIGUEZ RON BAKER CHEVROLET-GEO-ISUZU MOP #45751 PARTS S D AREA CHAPTER ICC SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET & LAB SUPPLY SA V-MART PHARMACEUTICALS SBC/MCI SBC/MCI SDG&E SHRED FORCE MKS INC:. SMART & FINAL TRAINING-F VIRDEN ADV REGISTRATION-L. BACK MOP #45753 - DOG FOOD NARCOTICS -ASSESSMENT ENGINE 339 341 4915 02/01-02/28/07 619 477 6232 02/13-03/12/07 STREET LIGHT REPAIRS (3) 64 GALLON CONTAINERS OIL, CHEVRON SUPREME MOP #45756 - KITCHEN SUPPLIES 213650 213651 213652 213653 213654 213655 213656 213657 213658 213659 213660 213661 213662 213663 213664 213665 213666 213667 213668 213669 213670 213671 213672 213673 213674 213675 213676 213677 213678 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3i 13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 3/13/2007 175.33 3,750.00 3,750.00 3,750.00 74.39 780.00 332.00 14.75 79.52 4,990.54 5,545.98 1,235.11 2,250.00 55.00 1,170.77 439.98 8,877.50 384.00 122.02 70.00 213.00 210.99 34.80 307.54 83.94 8.55 72.95 2,788.79 426.22 3 SOUTHLAND AUTO BODY PARTS/STRICKER/RADIATOR 213679 3/13/2007 4,213,64 SOUTHWEST SIGNAL SERVICE, INC. TRAFFIC SIGNAL AND STREET LIGHTING 213680 3/13/2007 9,56_.. J SOUTHWESTERN COLLEGE JOB FAIR REGISTRATION 3/22/07 213681 3/13/2007 100.00 SSD SYSTEMS SECURITY CAMERA SYSTEM FOR PD 213682 3/13/2007 119.00 STARTECH COMPUTERS MOP #61744 - COMPUTER SUPPLY 213683 3/13/2007 1,184.60 STILES TUITION REIMB- JAMES STILES 213684 3/13/2007 245.81 SWEETWATER AUTHORITY 12/29/06 - 02/26/07 SERVICE 213685 3/13/2007 440.73 THE STATE BAR OF CALIFORNIA WC 2007 ASSOC. MEM. DUE 213686 3/13/2007 65.00 TOPECO PRODUCTS MOP #62849 PARTS 213687 3/13/2007 8.94 UNITED PARCEL SERVICE UPS SHIPMENT 213688 3/13/2007 32.47 VALLEY INDUSTRIAL SPECIALTIES MOP #46453 REPAIRS LIBRARY .. 213689 3/13/2007 605.75 VERIZON WIRELESS - SD CELL PHONES 01/25-02/25/07 213690 3/13/2007 45.76 WESTFLEX INDUSTRIAL MOP #63850 AUTO PARTS 213691 3/13/2007 88.90 WILLY'S ELECTRONIC SUPPLY MOP #45763 - PHONE CORD/ PATCH CORD 213692 3/13/2007 51 AVAYA, INC MESSAGING SERVICE 02/02 - 03/01 213693 3/13/2007 46.88 BAYSHORE TRANSIT MGMT INC PAYROLL FOR CHECK DATED 03/09/07 213694 3/13/2007 4,017.60 CINTAS FIRST AID & SAFETY CABINET ORGANIZED 213695 3/13/2007 132.93 COLORALL TECHNOLOGIES BUS REPAIRS 213696 3/13/2007 1,600.00 DHL EXPRESS (USA) INC. DHL SHIPPING SERVICES 213697 3/13/2007 73.26 EW TRUCK & EQUIPMENT CO INC BUS PARTS 213698 3/13/2007 140.29 GREAT AMERICAN INSURANCE CO WORKER COMP 03/21/07 213699 3/13/2007 10,623.92 MCDONALD TRANSIT ASSOC. INC. MANAGEMENT SVCS MAR 07 213700 3/13/2007 13,159.69 PRINCIPAL FINANCIAL GROUP 401K PPE 03/03/07 213701 3/13/2007 2,730.53 PRUDENTIAL INSURANCE LIFE INSURANCE - MAR. 07 213702 3/13/2007 238.77 REGIONAL COMMUNICATIONS SYSTEIUSE OF 800 NETWORK - FEB. 07 213703 3/13/2007 609.50 SAN DIEGO GAS & ELECTRIC ELECTRIC 01/29/07 - 02/28/07 213704 3/13/2007 1,823.19 THE LIGHTHOUSE T/S SWITCH 213705 3/13/2007 22.4 UNIFIRST MAINT LAUNDRY SERVICE 213706 3/13/2007 74.19 Total 632,359.56 4 Workers compensation checks 12859 3/7/2007 47.60 12860 3/7/2007 7.47 12861 3/7/2007 9.03 12862 3/7/2007 625.00 12863 3/7/2007 69.19 12864 3/7/2007 227.56 1.2865 3/7/2007 4,401.06 12866 3/7/2007 16.28 12867 3/7/2007 185.36 12868 3/7/2007 459.59 12869 3/7/2007 57.00 12870 3/7/2007 2,568.28 12871 3/7/2007 847.03 12872 3/7/2007 87.50 12873 3/7/2007 309.38 12874 3/7/2007 298.03 12875 3/7/2007 328.66 12876 3/7/2007 318.35 12877 3/7/2007 290.23 1'2878 3/7/2007 94.34 12879 3/7/2007 112.85 12880 3/7/2007 35.70 12881 3/7/2007 69.50 12882 3/7/2007 101.63 12883 3/7/2007 1,392.32 12884 3/7/2007 374.00 12885 3/7/2007 79.98 12886 3/7/2007 160.00 12887 3.'7/2007 363.93 5 PAYROLL Pay period 298 Start Date End Date Check Date 2/13/2007 2/26/2007 3/7/2007 12888 3/7/2007 41 Total Total 14,376.85 646,736.41 Total 832,269.45 GRAND TOTAL 1,479,005.86 TRANSIT WARRANTS CHECKS 213693 - 213706 CKS 14 TOTAL $ 215,534.45 6 City of National City Warrant Register # 36 3/13/2007 001 GENERAL FUND 634,569.43 104 LIBRARY FUND 30,791.02 105 PARKS MAINTENANCE FUND 14,546.52 109 GAS TAXES FUND 11,272.92 111 P.O.S.T. FUND 1,767.16 115 PARK & REC CAPITAL OUTLAY FUND 40,000.00 125 SEWER SERVICE FUND 35,905.08 130 EMT-D REVOLVING FUND 284.50 154 STATE PUBLIC LIBRARY FUND 4,496.98 171 LIBRARY SCHOOL DISTRICT CNTRCT 1,266.44 172 TRASH RATE STABILIZATION FUND 2,044.98 173 NATIONAL SCHOOL DIST CONTRACT 967.37 174 SWEETWATER SCHOOL DIST CONTRAC 5,972.49 188 GRANT - HIDTA 3,471.41 189 CIVIC CENTER REFURBISHING 151,438.50 191 STOP PROJECT 6,363.46 211 SECURITY AND ALARM REGULATION FUND 1,405.65 212 PERSONNEL COMPENSATION FUND 0.00 230 ABANDONED VEHICLE ABATEMENT GRANT 2,481.63 241 NATIONAL CITY LIBRARY STATE GRANT 456.63 242 N. CITY LIBRARY MATCHING FUND 245.87 246 WINGS GRANT 29,637.65 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 26,620.19 273 CBAG-MAJOR MEXICAN TRAFFICKERS 1,877.51 282 REIMBURSABLE GRANTS CITYWIDE 255.04 301 GRANT-C.D.B.G. 10,653.40 302 CDC PAYMENTS 26,500.30 307 PROPOSITION A" FUND 5,930.43 314 OTS GRANT 1,050.00 320 LIBRARY GRANTS 7,370.64 325 Development Impact Fees 50,000.00 348 STATE GRANT 4,154.50 552 TDA 215,534.45 626 FACILITIES MAINT FUND 39,991.11 627 LIABILITY INS. FUND 18,785.74 628 GENERAL SERVICES FUND 11,276.58 629 INFORMATION SYSTEMS MAINTENANC 3,405.35 630 OFFICE EQUIPMENT DEPRECIATION 12,257.48 631 TELECOMMUNICATIONS REVOLVING 4,350.82 632 GENERAL ACCOUNTING SERVICES 15,226.53 643 MOTOR VEHICLE SVC FUND 44,380.10 Total 1,479,005.86 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. • FINANCEL DI&CTOR " CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, MEMBER FIDELES UNGAB, MEMBER FRANK PARRA, MEMBER ROSALIE ZARATE, MEMBER I IIEREBY 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 17TH OF APRIL 2007. AYES NAYS ABSENT 1 , City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE April 17, 2007 14 AGENDA ITEM NO. (-ITEM TITLE WARRANT REGISTER # 37 PREPARED BY DEPARTMENT D. Gallegos -Finance EXPLANATION Finance Tess E. Limfueco 619-336-1.330 Ratification of Warrant Register # 37 per Government Section Code 37208. J CEnvironmental Review N/A Financial Statement Not applicable. Approved By: Clio Finance Direc Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 660,563.20 BOARD / COMMISSION RECMENDAT ON 6 1 1 '�i1t ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register#37 2. Workers Comp Warrant Register dated 3/14/07 Payee City of National City WARRANT REGISTER # 37 3/20/2007 Description chk no chk date amount PINILLO GARNISHMENT FOR 03/21/07 213707 3/19/2007 369.23 AMERICAN ROTARY BROOM CO., INC MATERIAL KIT 213708 3/20/2007 1,028.92 APT US&C 2007 MEMBERSHIP/GEORGE 1100D 213709 3/20/2007 202.00 BOEGLER TRAVEL REMB - CRAIG BOEGLER 213710 3/20/2007 58.20 BOOT WORLD MOP #64096 FERNANDEZ, R 213711 3/20/2007 106.65 C A P F FIRE/LTD MAR 2007 213712 3/202007 672.00 L EXPRESS CAL EXPRESS- MIS/ FEB 07 •213713 3/20/2007 50.00 i CALIFORNIA LAW ENFORCEMENT PI)/LTD MAR 2007 213714 3/20/2007 1,560.00 C:ARQUEST AUTO PARTS MOP #47557 PART'99 CROWN VIC 213715 3/20/2007 46.72 CCUG 2007 CCUG MEMBERSHIP DUES 213716 3/20/2007 50.00 CHEVRON USA, INC. MOP #45699 -PD GAS CART) 213717 3/20/2007 226.62 CHOICEPOFNT AUTO TRACK DATABASE 213718 3/20/2007 100.00 CITRIX SYSTEMS, INC CITRIX PRESENTATION SERVER 213719 3/20/2007 4,000.00 CITY OF NATIONAL CITY PETTY CAST I REPLENISH FF.B07 213720 3/20/2007 772.94 CITY OF NATIONAL CITY PETTY CASII REPLENISH JANO7 213721 3/20/2007 623.89 CORPORATE EXPRESS MOP 45704 MISCELLANEOUS 213722 3/20/2007 258.60 COUNTY OF LOS AN(&F.LES GUNSHOT RESIDUE K1TS-NCPD 213723 3/20/2007 1,293.00 COUNTY OF SAN DIEGO MA II. PROCESSING/JA,N-2/ 15/0 7 213724 3/20/2007 5,683.51 "-MAX ENGINEERING INC FEBRUARY 2007 SERVICES 213725 3/202007 10,919.72 L...'LEY & HEFT LLP LIA13 CLAIM COSTS- .213726 3/20/2007 1,524.75 DANILL PEARCE/ RPM WELDING MOP #45749 STEETSWI;EPER REPAIRS 213727 3/20/2007 310.78 1 DAPPER TIRE. COMPANY DF.I.TACARE (PMI) DEPARTMENT OF JUSTICE DEPT OF TOXIC SIIBSTANCES CNTRL DIXIELINE LUMBER CO. FEDERLE GRAINGER GROSSMAN PSYCHOLOGICAL ASSOC. HARRIS & ASSOCIATES HART'S AUTO SUPPLY 111,A1.TH NET 11EALTH NET IIEAJ_TH NET HEALTH NET IIF.ALTFI NET HORIZON HEALTH EAP HUNTERS NURSERY INC. HYDRO-SCAPE PROD1 C1 S INC. I LOVE A CLEAN SAN DIEGO IBARRA IDENTIX INC. 1SIDA JEFFERSON PILOT FINANCIAL JUDD LLEC'FRIC KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LASER SAVER INC 1.EXIS-NEXIS TIRE SERVICE DENTAL INS PMI MAR 2007 FINGERPRINT TEST SUBMISSION 2005 MANIFEST FEE MOP #45707 TOOLS TRAINING LIFEGUARDS BOOK FLOW BACK HANDLE & SUPPLIES PRE -EMPLOYMENT EXAMS DEPOSIT#930 - CYPRESS GLEN BRAKE PADS HEALTH INS. H0067A MAR2007 HEALTH -NET/ 57135A MAR 2007 HEALTH-RET INS/ 110067F MAR 2007 HEALTH INS RET/ 57135F MAR 2007 HEALTH INS RE'F/ 57135J MAR 2007 MAR 07 EMPLOYEE ASST PROGRAM MOP #45719 I IORTICULTF RE ITEMS MOP #45720 VALVES 2007 CREEK TO BAY CLEAN UP DEPOSIT #662- 505 HIGHLAND AVE FINGERPRINT TEST SUBMISSION DIRECT DEPOSIT 3/7/07- D. ISIDA LIFE INS MAR 2007 LABOR/MATERIALS-DAMAGED CABI. KAISER INS ACTIVE MAR 2007 KAISER RET INS MAR 2007 MOP #45725 PRINTER SUPPLIES ONLINE CHARGES FOR FEB 2007 213728 3/20/2007 213729 3/20/2007 213730 3/20/2007 213731 3/20/2007 213732 3/20/2007 213733 3/20/2007 213734 3/20/2007 213735 3/20/2007 213736 3/20/2007 213737 3/20/2007 213738 3/20/2007 .213739 3/20/2007 213740 3/20/2007 213 741 3/20/2007 213742 3/20/2007 213743 3/20/2007 213744 3/20/2007 213745 3/20/2007 213746 3/20/2007 213747 3/20/2007 • 213748 3/20/2007 213749 3/20/2007 213750 3:20/2007 213751 3/20/2007 213752 3/20/200'1 213753 3;20/2007 213754 ]i20/2007 213755 3/20;2007 293.01 3,443.2' 32O / 7.50 466.82 95.00 4,578.11 960.00 1,015.69 174.00 66,892.67 2,221.23 2,195.88 1,110.65 633�, 341.30 164.76 208.80 1,000.00 500.00 20.00 72.56 12,956.60 1,500.00 ! I3.635.45 3,756.06 391 ' - 132.91 LOPEZ_ INTERPRETATION SVCS 3/7/07 213756 3/20/2007 100.00 AINTEX, INC. JANITORIAI. SUPPLIES • 213757 3/20/2007 2,494.44 1 MASON'S SAW & I,A WNMOWER SRVC MOP #45729 - GALLON BAR OIL 213758 3/20;2007 17.69 MUL11-BANK SERVICES LTD TRADE SETTLING SRVCS 213759 3/20'2007 198.00 NAPA AUTO PARTS MOP #45735 - PARTS .213760 3/20/2007 223.91 NIXON EGLI EQUIPMENT CO. AUTO MAINT SUPPLIES 213761 3/20/2007 554.79 OFFICE TEAM J I IARROD W/E 12/15/06 213762 3/20/2007 1,790.25 PARTS PLUS AUTOSTORE P713 MOP #64946 PARTS -'03 FORD PICKUP 213763 3/20/2007 228.63 PAUU REFUND- COBRA DENTAL INSURANCI 213764 3/20/2007 81.97 PERRY FORD DEDUCTIBLE FOR FORD REPAIRS 213765 3/20/2007 4,048.45 PERVO TRAFFIC CENTER MOP #63846 - SIGN 213766 3/20/2007 885.10 PMW ASSOCIATES ADV TUITION- MANUEL RODRIGUEZ 213767 3/20/2007 304.00 I'ORI'ILLO CONCRETE, INC. MISC CONCRETE IMPROVEMENTS 213768 3/20/2007 2,025.00 RWERSTRIDE BATTERY CO INC MOP #67839 BATTERY 213769 3/20/2007 145.98 PRUDENTIAL OVERALL. SUPPLY MOP 45742 BATI! TOWEL 213770 3/20/2007 325.45 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 03-07-3 213771 3/202007 213,772.24 RON BAKER CHEVROI.L T-GEO-IS['ll.l MOP #45 7 51 PARTS 213772 3/20/2007 43.28 ROUNDS ADV SUBSISTENCE- ROBERT ROUNDS 213773 3/20/2007 384.00 RUSS' BEE REMOVAL BEE REMOVAL 213774 3/20/2007 375.00 SAFETY KI.EFN HAZARDOUS WASTE DISPOSAL 213775 3/20/2007 4,941.05 SAN DIEGO DAILY TRANSCRIPT 2007 ATTORNEY DIRECTORY 213776 3/20/2007 24.58 SAN DIEGO MIRAMAR COLLEGE GE ADV TUITION - BRIAN REDIKOP 213777 3/20/2007 26.00 SAN DIEGO PARA[.EGAI. ASSO SDPA MEMBERSHIP/ORCU11 213778 3/20,2007 75.00 SANDAL SANI)AG RETREAT- LESLIE DEESE 213779 3/20/2007 911.60 SDG&E STREET DIVISION GAS & ELECTRJC CI 213780 3/20/2007 28,686.02 SIGN SHOP LETTF.RING (BATTALION 57) 213781 3/20/2007 495.65 ,,.)I,ANACENTER EQUIP & LABOR 2i1/07TO2/28/07 213782 3/20/2007 1,144.45 STATE BOARD OF EQUALIZATION 11AZ WASTE FEE JAN-DLC 2006 213783 3/20/2007 210.93 3 SUN TRUST 'iF.LI-EZ TETRA TECII ISG # 1 TETRA TECII 1SG Al TETRA TECII ISG i/ I THE LIGHTI IOUSE, INC. THE STAR NEWS TIJERIN TRIVIZ U.S. HEAI..THWORKS UNDERGROUND SERV ALERT UNION SECURITY INSURANCE CO. UNION TRIBUNE PI.JBLISHING CO IJNION TRIBUNE PUBLISHING CO VALLEY INDUSTRIAL SPECIAL'J'JES WATERLINE TECHNOLOGIES WILLY'S ELECTRONIC SUPPLY AT SYSTEMS WEST INC CALIFORNIA COMMERCIAL SECURITY FIRST ADVANTAGE CORPORATION JANKOV1C11 COMPANY KAMAN INDUSTRIAL TECIINOI.OGIES MAYER HOFFMJ\N MCCANN PC NEW FI.YER PARTS SOUTH COAST MEDICAL CLINIC AMAZON.COM CREDIT BAKER & TAYLOR BRODART CALTAC NEW FIRE TRUCK#1 LEASE PMT#37 ADV SUBSISTENCE- JOSE TELLEZ DEPOSIT#11 1 L/ 1821- 1827 C AVE. DEPOSIT #1 116 - 1306 18TH ST DEPOSIT/f 1115- 19TH & HAFFLEY AVE MOP #45726 AUTO PARTS AT) OF PUBLIC IIEARING ORDINANCE LIABILITY CLAIM COST ADV SUBSISTENCE- R TRIVIZ MEDICAL SERVICES UNDERGROUND SERVICE - 241 TICKE" VTL MAR 2007 COORDINATOR ADVERTISING ADS NC COMMUNITY BAND MOP #46153 LAS PALMAS, FINANCE S POOL CHEMICAL SUPPLIES MOl'#45763 SENIOR CNTR MICROPRO? MONEY TRUCK - MAR. 07 ADJUST CAMERAS R NDOMS - FEB. 07 DIESEL FUEL AUTO PARTS AUDIT SRVCS FOR I'Y ENDED 06/30/06 Fit ;S PARTS DREG SCREEN - I LECTOR GARCIA ADULT NON-FICTION BOOKS REFERENCE HOOKS ADULT AND CHILDREN'S BOOKS CALTAC MF.MBERSIIIP 213784 3/20/2007 5,009.63 213785 3/20/2007 38-4.0r 213786 3/20/2007 1, 800.0u' 213787 3/20/2007 1,800.00 213788 3/20/2007 1,100.00 213789 3/20/2007 147.45 213790 3/20/2007 430.50 213791 3/20/2007 256.19 213792 3/20/2007 1,403.00 213793 3/20/2007 150.00 213794 3/20/2007 385.60 213795 3/20/2007 2,199.47 213796 3/20/2007 1,056.97 213797 3/20/2007 394.80 213798 3/20/2007 1,067� 213799 3/20/2007 2,016.52 213800 3/20/20(17 92.43 213801 3/20/2007 389.29 213802 3/20/2007 267.50 213803 3/20/2007 440.00 •213804 3/20/2007 16,972.04 213805 3/20/2007 50.21 213806 3/20/2007 899.00 213807 3/20.-2007 138.91 213808 3;20/2007 36.00 213809 3/20/2007 69.05 213810 3/20/2007 748 213811 3/20/2007 12,277.43 213812 3,20.2007 (0.00 4 CITY OF NATIONAL CITY OUT OF STATE SALES TAX ON INVOIC 213813 120/2007 9.45 ` )RPORATI> EXPRESS OFFICE SUPPLIES - MOP#45704 213814 3/20/2007 36.18 HARPERCOI.I,INS PUBLISHERS BOOKS FOR THE 'READING IS FUNDAI 1 213815 3/20/2007 302.88 I.IBROMEX.COM SPANISI{ LANGIIAGE BOOKS 213816 3/20/2007 116.52 MARY ALLELY BOOK/SYCUAN 213817 3/20/2007 60.00 MIDWEST TAPE DVD/VIDEOS & PROCESSING SUPLS 213818 3/20/2007 3,668.73 NATIONAL GEOGRAPHIC SOCIETY ADULT NON-FICTION BOOKS 213819 3/20/2007 15.90 NATIONAI. SCHOOL DISTRICT PRINTING OF COUPONS 213820 3/20/2007 79.47 OMNIGRAPHICS, INC. REFERENCE. BOOKS 213821 3/20/2007 115.55 ORCA BOOK PUBLISHERS HOOKS FOR THE 'READING IS FUNDAI 213822 3/20/2007 148.85 Knot .AsTic INC. ROOKS FOR TIIE 'READING IS FUNDM 213823 3/20/2007 436.70 SCHOLASTIC LIBRARY PUBLISHING CHILDREN BOOKS 213824 3/20/2007 2,200.00 '1HE BOOKSOURCE BOOKS FOR THE 'READING IS FUNDAI 213825 3/20/2007 478.60 TI IOMSON GALE REFERENCE BOOKS/CONTINUATIONS 213826 3/20/2007 1,625.90 .UER TALES BOOKS FOR THE 'READING IS FUNDAI 213827 3,20/2007 55.00 U.S. POSTMASTER POSTAGE, FOR OVERDUE NOTICES 21382S 3,20/2007 530.00 AMAZON.COM CREDIT ADULT NON-FICTION HOOKS 213829 3/20/2007 203.00 ARMOI,R TRAVEL (AMERICORPS/LSTA Y-4) 213830 3/20/2007 35.59 ARONSON TRAVEL (AMERICORPS/i STA Y-4) 213831 3/20/2007 26.70 BEASLEY TRAVEL (AMERICORPS'LS'I'A Y-4) 213832 3/20/2007 46.73 BELL TRAVEL (AMERICORPSILSTA Y-4) 213833 3/2012007 37.50 HO.IORQUE7 TRAVEL (AMERICORPS/LSTA Y-4) 213834 3/20i2007 108.58 BRAGLIK TRAVEL (AMER►CORPS'LSCA Y-4) 213835 3;20;2007 385.73 BROWN TRAVEL. (AMERICORPS/LSTA Y-4) 213836 3/20/2007 24.73 BENDY 'TRAVEL (LTC. SVCS. Y-4) 213837 3/20/2007 124.16 CACATIAN TRAVEL (ILI. INIT. XV) 213838 3/20/2007 16.80 NTRII.1. TRAVEL (AMERICORPS!LSTA Y-4) 213839 3/20/2007 45.84 CAPILLA TRAVEL (LIT. WIT. XV) 213840 3/20/2007 64.02 CARI.A CAMPBELL LEHN TRAVEL (AMERICORPS/LSTA Y-4) 213841 3,20,2007 241.01 5 CHRISTIAN CINGUL.AR WIRELESS CISNEROS CLARK COEN CORPORATE EXPRESS COUSINEAU DEMIAN DIAS ESTRA DA EVANS FANNING (.IANDELMAN GONZALEZ GRAYES HOBBS HOLMA HUNTER HURTA DO JACKIE CLARY JIMENEZ-WATSON JONES KAI!R KELLY KUEHNER LASER SAVER INC I.AUDERDALE, LAWRENCE TRAVEL (LIT. [NIT. XV) WINGS CELL PHONE. TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (LIT. INIT. XV) OFFICE SUPPLIES (LIT. SVCS. Y-4) TRAVEL (LIT. INIT. XV) TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (LIT. INFF. XV) TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) EXPERT SERVICES (LIT. SVCS Y-4) TRAVEL (A:MERICORPSILSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS'1 STA Y-4) EXPERT SERVICES (LIT. SVCS. Y-4) TRAVEL ([.IT. INIT. XV) TR\VE1, ([.[T. INIT. XV) TRAVE►. (AMERICORPS/LSTA Y-4) TRAVEL (LIT. INIT. XV) TRAVEL, (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (LIT. INIT. XV) TRAVEL (LIT. INIT XV) OFFICE SUPPLIES (LIT. SVCS. Y-4) "'RAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) 213842 3/20/2007 76.20 -213843 3/20/2007 76 213844 3/20/2007 30.3I 213845 3/20/2007 136.59 213846 3/20/2007 417.79 213847 3/20/2007 673.86 213848 3/20/2007 109.55 213849 3/20/2007 30.07 213850 3/20/2007 178.02 213851 3/20/2007 25.22 213852 3/20/2007 79.54 213853 3/20/2007 347.08 213854 3/20/7007 125.00 213855 3/20/2007 213856 3/20/2007 11.12 '213857 3/20/2007 56.07 213858 3/20/2.007 85.00 213859 3/20/2007 96.03 213860 3/20/2007 44.62 213861 3/20/2007 417.84 2I3862 3/20/2007 94.77 213863 3/20/2007 129.77 213864 3/20'2007 58.74 213865 3/20/2007 306.04 213866 3/20/2007 90.21 213867 3.20/20077 424.67 213868 3/20/2007 121.. 213869 3/20/2007 35,38 6 LITERACYWORKS STATE LIBRARY CONTRACT 213870 3/20/2007 22,000.00 ' STERACYWORKS STATE LIBRARY CONTRACT 213871 3/20/2007 18,00U.00 LITERACYWORKS STATE LIBRARY CONTRACT 1 213872 3/20/2007 1,500.00 LL1'ERACYWORKS STATE LIBRARY CONTRACT 213873 3/20/2007 800.00 LOCKI{ TRAVEL (LIT. INIT. XV) .213874 3/20/2007 123.89 LOZIER TRAVEL (LIT. INIT. XV) 213875 3/20/2007 63.00 LYNNE PRICE TRAVEL (AMERICORPS/LSTA Y-4) 213876 3/20/2007 384.67 MATNEY TRAVEL (AMERICORPS/LSTA Y-4) 2L3877 3,20/2007 31.15 MI-TCHELL TRAVEL (LIT. INIT. XV) 213878 3/20/2007 48.07 MIJLDOON TRAVEL (LIT. INIT. XV) 213879 3/20/2007 375.00 MUN(V.. TRAVEL. (LIT. NIT. XV) 213880 3/20/2007 20.37 NEVADA COUNTY LIBRARY TRAVEL (AMERICORPS/LSTA Y-4) 213881 3/20/2007 586.96 NEW R.EADERS PRESS CHALLENGER BOOK 1 213882 3/20/2007 213.75 NOLAN TRAVEL (AMERICORPS/LSTA Y-4) • 213883 3120/2007 134.88 flARA TRAVEL (1,1'I'. INIT. XV) 213884 3/20/2007 3,946.27 O'NYON TRAVEL (AMERIC:ORPSLSTA Y-4) 213885 3/20/2007 73.60 ORTEGA TRAVEL (AMERICORPS/LSTA Y-4) 213886 3,20/2007 260.91 PASLEY TRAVEL (AMERICORPS/LSTA Y-4) .213887 3120/2007 106.80 PATEK TRAVEL (AMERICORPS/LSTA Y-4) 213888 3/20/2007 209.58 1'A 1-1'ON TRAVEL (AMERICORPS/LSTA Y-4) 213889 3/20/2007 9.56 PATJLISSEN TRAVEL. (AMER.ICORPS/LSTA Y-4) 213890 3/20/2007 193.85 PEARSON TRAVEL (AMERICORPS.'TS'l'A Y-4) 213891 3/20/2007 87.41 PHEI.I'S TRAVEL (LIT. INIT. XV) 213592 3/20/2007 38.25 PINNEL.I 'TRAVEL (LIT. INIT. XV) 213893 3,20/2007 309.44 PINPOINT MARKETING GRP, INC SIIIRTS AMERICORPSCNCS Y-4 213894 3,20/2007 3,066.89 PON(:E TRAVEL (LIT. INIT. XV) 213895 320 2007 78.60 'N'TAL TRAVEL (AMERICORPS/LSTA Y-4) .213896 3)202007 217.32 REDWOOD CITY FRIENDS OF EXPERT SVCS AMERICORPS/CNCS Y-4 213897 3,202007 55.00 ROJ.AS TRAVEL. (AMERICORPS-LSTA Y-4) 213898 1/20:2007 37.38 SAN BERNARDINO COUNTY TRAVEL (LIT. INIT. XV) 213899 3/20/2007 210.00 SARMIF.NTO TRAVEL (AMERICORPS/LSTA Y-4) •213900 3/2012007 55 SCIIWARTZBERG TRAVEL (AMERICORPS/LSTA Y-4) 213901 3/20/2007 180.10 SCOTT 'TRAVEL (AMERICORPS/LSTA Y-4) 213902 3/20/2007 106.77 SHADE TRAVEL (AMERICORPS/LSTA Y-4) 213903 3/20/2007 31.33 SHIELDS "TRAVEL (LIT. INIT. XV) 213904 3/20/2007 178.48 SINAVSKY TRAVEL (AMERICORPS/LSTA Y-4) 213905 3/20/2007 135.25 SKLAR TRAVEL (AMERICORPSILSTA Y-4) 213906 3/20/2007 5X.50 SPRINT VIDEO CONFERENCING LONG DISTAL' 213907 3/20/2007 43.73 STRATEGIC: RESOURCE COMPANY/ AMERICORPS IIEALTHCARE 213908 3/20/2007 3,364.00 SUTTER COUNTY LIBRARY TRAVEL (AMERICORPS/LSTA Y-4) 213909 3/20/2007 881.40 TIGH, TAMARIE TRAVEL (LIT. SVCS. Y-4) 213910 3/20/2007 30.00 TOSTI TRAVEL (LIT. INIT. XV) 213911 3,202007 49.26 TRACY BLOCK TRAVEL (AMERICORPS/LSTA Y-4) 213912 3/200007 6.0' VEITH TRAVEL. (A MERICORPS/LSTA Y-4) •213913 694.19 WATSON TRAVEL (AMERICORPS/LSTA Y-4) 213914 3/20/2007 14.90 WILLIAMS EXPERT SERVICES (AMERICORPS/CN( 213915 3/20/2007 50.00 WILLIAMS TRAVEL (AMERICORPS/LSTA Y-4) 213916 3/20,2007 137.91 WOODSON TRAVEL (.AMERICORPS/LS"I•A Y-4) 213917 3/20/2007 599.38 XEROX CORPORATION Cl IGS & OVERAGES FOR 8 XEROX 213918 3/20/2007 414.05 YANG TRAVEL (AMERICORPS/LSTA Y-4) 213919 3/20/2007 113.31 YOUNG TRAVEL (AMERICORPS/LSTA Y-4) 213920 3,20i2007 133.06 YSLA TRAVEL (AMERICORPS/LSTA Y-4) 213921 3;20/2007 136.10 Workers compensation checks Total S642,121.93 12889 3/142007 83.94 12890 3.14,2007 91.0 - 12891 3-14/2.007 109.65 8 12892 3/14/2007 240.68 12893 3/14/2007 1,537.32 12894 3/14/2007 99.70 12895 3/14/2007 53.71 12896 3/14/2007 113.78 12897 3/14/2007 96.39 12898 3/14/2007 9.06 12899 3/14/2007 148.84 • 12900 3/14/2007 3,583.71 12901 3/14/2007 126.36 12902 3' 14/2007 163.75 12903 3/14/2007 1,033.69 12904 3/14/2007 146.57 12905 3/14/2007 557.18 12906 3/14/2007 141.10 12907 3/14/2007 386.03 12908 3/14/2007 186.48 12909 3/14/2007 56.93 12910 3/14/2007 195.45 12911 3/14/2007 148.41 12912 3/14/2007 147.58 12913 3/14/2007 233.23 12914 3/14/2007 5.500.00 12915 3/14/2007 225.00 12916 3/14/2007 125.00 12917 3/14/2007 762.50 12918 314/2007 400.00 12919 3/14/2007 837.52 12920 3,14/7007 400.00 9 12921 3/14/2007 460.00 12922 3/14/2007 3? 12923 3/14/2007 12.61 Total Grand Total TRANSIT WARRANTS CHECKS 213801-213808 CKS 8 TOTAL $ 19,315.15 LIBRARY WARRANTS CHECKS 213809-213921 CKS 112 TOTAL $ 89,277.47 $18,441.27 660,563.20 10 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2007 AGENDA ITEM NO. 15 ITEM TITLE: NEIGHBORHOOD COUNCILS MONTHLY REPORT FOR MARCH 2007 PREPARED BY: Rudy Lopez& DEPARTMENT Community Services (619) 336-4560 EXPLANATION: Please see attached report. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Receive and file. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Neighborhood Council Monthly Report —March 2007 COMMUNITY SERVICES DEPARTMENT Neighborhood Council Program MEMORANDUM To: Mayor and City Council; Chris Zapata; Leslie Deese; Rudy Lopez From: Lauren Lauletta & Erica Belandres RE: Neighborhood Council March 2007 Wrap -Up Grander (March 1): • Residents in attendance: 13 • City staff in attendance: 2 (Mayor Morrison, FD) • Action requests submitted: 2 • Action requests submitted for February: 1 • Action request pending: 0 • Average number of days taken to complete an action request: 5 Northside (March 7): • Residents in attendance: 14 • City staff in attendance: 2 (Mayor Morrison, PD) • Action requests submitted: 4 • Presentations: Traffic Engineer, Wade & Associates on the National City Boulevard Streetscape project, ACTION Network 'Against Child Trafficking & the Prostitution of Teens In Our Neighborhood': • Translation: 1 • Action requests submitted for February: 6 • Action request pending: 2 • Average number of days taken to complete an action request: 4 Eastside (March 8): • Residents in attendance: 19 • City staff in attendance: 3 (Mayor Morrison, PD, PW) • Action requests submitted: 3 • Presentations: Traffic Engineer and ACTION Network 'Against Child Trafficking & the Prostitution of Teens In Our Neighborhood': • Action requests submitted for February: 3 • Action request pending: 0 • Average number of days taken to complete an action request: 3 MLK COMMUNITY BUILnING • 140 EAST 12 " STREET, SUI I E B • NATIONAL CITY • CA 9195G 1EL. (619) ? 6 4769 • FAX (619) 335-4292 Central (March 14): • Residents in attendance: 21 • City staff in attendance: 1 (FD) • Action requests submitted: 12 • Presentations: Traffic Engineer and ACTION Network 'Against Child Tracking & the Prostitution of Teens In Our Neighborhood" • Action requests submitted for February: 5 • Action request pending: 0 • Average number of days taken to complete an action request: 4 Olivewood (March 21): • Residents in attendance: 9 • City Staff in attendance: 0 • Action requests submitted: 4 • Presentations: Traffic Engineer, RoseAnita Hernandez -City Council Student Representative and ACTION Network 'Against Child Trafficking & the Prostitution of Teens In Our Neighborhood" • Action requests submitted for February: 3 • Action request pending: 1 • Average number of days taken to complete an action request: 7 Old Town (March 22): • Residents in attendance: 11 • City Staff in attendance: 1 (PW) • Action requests submitted: 8 • Presentations: Traffic Engineer and G8 Development on the City Gate Walk project. • Action requests submitted for February: 6 • Action request pending: 2 • Average number of days taken to complete an action request: 12 Sweetwater Heights (March 28): • Residents in attendance: 3 • City Staff in attendance: 0 • Action requests submitted: 2 • Presentations: Traffic Engineer • Action requests submitted for February: 3 • Action request pending: 0 • Average number of days taken to complete an action request: 2 MLK COMMUNITY BUILDING • 140 EAST 12" STREET, SUITE B • NATIONAL CITY • CA 91950 TEL. (619) 336-4269 • FAX (619) 335-4292 Northside Neighborhood Council Clean-up (March 31): • Number of people attended: 24 • Truck loads of debris collected: 6 Totals (March 2007): • Residents in attendance: 90 • Action requests submitted: 33 • Staff Initiated: 23 • Translation:1 • Action requests submitted for February: 27 • Action requests pending from February: 5 • Combined average number of days taken to complete an action request: 5 MLK COMMUNII Y BUILDING • 140 EAST 12' STREET, SUITE B • NATIONAL CITY • CA 91950 TEL. (619) 336-4289 • FAX (619) 336-4292 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 17, 2007 AGENDA ITEM NO. 16 (-- ITEM TITLE Public Hearing — Modification of a Tentative Subdivision ownership of an existing industrial park at 1445-1645 Tidelands Avenue. (Case File No. S-2006-7) ,yr PREPARED BY Martin Reeder 3364310 DEPARTMENT Map to create condominium (Applicant: Christie Radder) Planning EXPLANATION The applicant would like to have the condition requiring the undergrounding of utilities removed from their approved Tentative Subdivision Map. Planning Commission held a public hearing on this item at their March 19, 2007 meeting, where the commissioners voted to deny the requested Tentative Subdivision Map modification. The attached background report describes the development proposal in detail. Environmental Review X _ N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Rio Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION Planning Commission denied the modification to the Tentative Subdivision Map. Ayes: Alvarado, Baca, De La Paz, Flores, Pruitt, Reynolds Absent: Carrillo ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 3. Location Map 2. Planning Commission Resolution No. 16-2007 4. Engineering Department Comments 7. NCMC Chapter 13.08 Including Findings for Denial 5. Notice of Exemption 6. Application & Waiver Request A-2()u (9'99) BACKGROUND REPORT The project site is located at 1445-1645 Tidelands Avenue on the east side of the street, approximately 500 feet south of Civic Center Drive, in the Medium Manufacturing - Coastal Zone (MM-CZ) Zone. The approximately four and a half -acre site is developed with four one-story industrial buildings. There are 35 existing suites with a total of approximately 121,500 square feet of leasable space and parking spaces for approximately 115 cars. 11he applicant proposed a one -lot subdivision (S-2006-7) to allow for individual ownership of the 35 existing manufacturing suites and for common ownership of the land. No significant improvements or physical changes were proposed. The Tentative Subdivision Map was approved by City Council on December 5, 2006. A condition of approval requiring the undergrounding of utilities, consistent with Section 13.08.020 (A) of the Municipal Code, was included. Chapter 13.08 — Underground Utility Installations Procedure — is attached for your reference. The applicant requests to modify the Conditions of Approval for the approved Tentative Subdivision Map Resolution No. 33-2006 to waive the requirement to underground the existing power poles. The specific condition states: 14. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new ' subdivision, shall be placed underground. No other changes to the approved tentative map are requested or proposed. The applicant submitted a written letter stating that the cost to underground power Tines would he approximately $302,675. The applicant stated that this amount represents nearly 20% of the anticipated total profit. As the application requests only a specific engineering condition be waived, the Engineering Department reviewed the request and prepared a response. They disagree with the analysis provided by the applicant and have restated their position that the utilities he placed underground, as required by Municipal Code Section 13.08.020 (A); they do not support the request fbr a waiver of the undergrounding requirement and recommend it be denied. The attached memorandum explains their position. The Planning Commission held a public hearing on March 19, 2007. Discussion focused on options available to the applicant and City policy on undergrounding. The Commission voted to deny the application finding the proposal inconsistent with General Plan Policies. 1 RESOLUTION NO. 16-2007 A RESOLUTION OF 1'HE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING DENIAL OF A MODIFICATION OF A TENTATIVE SUBDIVISION MAP TO CREATE CONDOMINIUM OWNERSHIP OF AN EXISTING INDUSTRIAL PARK AT 1445-164.5 TIDELANDS AVENUE. APPLICANT: CHRISTIE RADDER. CASE FILE NO. 2007-07 MI. (S-2006-07) WHEREAS, application was made for Modification of a Tentative Subdivision Map (S- 2006-07) to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue on property generally described as: A parcel of land located in the City of National City, County of San Diego, State of California, being that portion of the California Southern Railroad (predecessor of the Atchison Topeka Santa Fe Railway Company) terminal grounds, as said terminal grounds are shown on map of National City, California, tiled October 2, 1882, as per Map No. 34X, in the Office of the Recorder of said County. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on March 19, 2007 at which time the Planning Commission considered oral and documentary evidence; and, WI IEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2007-07 MI which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential fbr the preservation of the public health, safety and general welfare. NOW, TIII RI;FORE, BE 11 RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision Wrap. support the following findings: The proposed requc t t..' •,',n';e unrler,rounding is not consistent \tiitli the National City General flan. ,since the proposal does not support t.iiialitv development characteristics such as overhead utilities. The proposed request to `.`,;It.e. tlnderffouncing is not consistent v% itll the Nati n;:l General Plan. sine (nrr11nuCir'. Design policies cricwlr(tY-e cr.erhead 'old);V 1`:il'IIIL' along roacl ays he relocated under ' and promote quain design standard c�L- • • 3. The proposed request to waive undergrounding is not consistent with the National City General Plan and would not be economically beneficial to the City, since Economic Development policies encourage evaluation of new industrial uses west of Interstate 5 to assure minimum negative environmental impact and maximum economic benefit. BE IT FURTHER RESOLVED that the Planning Commission hereby denies the request for Modification of a Tentative Subdivision Map to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue, application no. 2007-07 MI . BE IT FURTHER RESOLVED that copies of this Resolution he transmitted forthwith to the applicant. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 19, 2007 by the following vote: AYES: Alvarado, Baca, Pruitt, Flors, Reynolds, DeLaPaz NAYS: ABSENT: Carrillo ABSTAIN: ('HAIRWOMAN US NAVY PROPERTY 1420 1010 MM-CZ 100‘ r ♦ 0416 MH-CZ •ram • 724 2P ----� CA • 1918 2015 • PROJECT SITE ZONE BOUNDARY - - - LOCATION MAP 2007-07 M1 MODIFICATION OF A TENTATIVE SUBDIVISION MAP TO CREATE CONDOMINIUM OWNERSHIP OF AN EXISTING INDUSTRIAL PARK AT 1445-1645 TIDELANDS AVENUE NATIONAL CITY PLANNING 4 DRN. DATE: !�~ 2/8/07 INITIAL HEARING: 3/19/07 ENGINEERING DEPARTMENT 1243 NATIONAL. CITY BOULEVARD, NATIONAL. CrrY, CA 91950 TEL 619/336-4380FAX: 619,336-1397 THE CITY OF NATIONAL CITY DATE: February 15, 2007 To: Martin Reeder, Planning Department From: Adam Landa, Engineering Department Via: Stephen Kirkpatric , City Engineer Subject: COST ESTIMATE FOR THE UNDERGROUNDING A'I' 1445 TO 1645 TIDELANDS The cost estimate submitted by Voit Development Company for $302,675.00 (see Tidelands Pricing Schedule) seems to be incorrect or the cost estimate given by Schilling Corporation (the undergrounding company that provided the estimate) is incorrect. According to Schilling Corporation's cost estimate, the prices for the undergrounding may vary between $227,800.00 to a high of $287,800.00. the lower cost seems to be more appropriate with the amount of work in the field. We don't have any other estimates to compare it with, so we will assume that the lower numbers are good. On the assumption that the total cost will be less than $227,800.00, then the net profit will be higher then 12. I2% as stated in the Tidelands Pricing Schedule. 1 have heard from other developers that a good Project Profit is anything over 10%, therefore it seems that this goal has been surpassed at this site. This also assumes tha the selling prices will be at the lower prices as stated in 'TAKE PRICE PER SQ. FT." flake PSF) column, but if the units are sold for ASKING PRICE PER SQ. FT. (depending on the market), then the profit can be 7.1 % higher If the wavier is approved, how will the developer guarantee the selling prices of the units'? And lithe units are sold at higher prices, will the developer he required to underground the utilities? Based on this information Engineering does not support a waiver of the undergrounding iequirenlents If you have any questions, please call Adam L.ancia at Extension 4394. City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego Y.U. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Proiect Title: 2007-07 MI Project Location: 2340 E. 8th Street, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Modification of an approved Tentative Subdivision Map, creating condominium ownership of an existing industrial complex, by the removal of one condition of approval. Applicant Name and Address: Voit Development c/o: Jim Camp 101 Shipyard Way, Suite M Newport Beach, CA 92663 Exempt Status: fl Telephone Number: (949) 644-8648 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 1, Section 15301 (Existing Facilities) Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal does not involve any development, nor will it result in an intensification of use. Only the form of ownership of an existing industrial complex will change. Thus. there is no potential for the proposal to affect the environment. Date: MARTIN RLFDLR Assistant Planner P,nrr, ouuumUUU \� j ��i, NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map Tentative Subdivision Map (Sg6 6rLo�� Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE EX) NOT USE BLUE INK WHEN COMPLETING Tuts FORM FOR DEPARTMENT USE ONLY Case Number NI" 4 — - 20 0 (� - 7 Filing Fee $ t ?SD 9_ Receipt No. Date Received t (''2'( `r] By E.A.P. Required _ 1 ° Fee $ -. —Related Cases 5 ` 2iO) 6 - 7 SEE FILING LVSJRUC170,VSAND CHAPTER I 0/•' TIIF Nt!TIONAL CI1Y,t1(INICIP.d/. CODE FOR MORE 1 NFORMATIOV. ASSESSOR PARCH. NO. 65'1- a 4o `1,4- 1 S5i - G 46) -(74 PROPERTY LO(.'ATION /`714-1,S-- /(� `t5 rpc LA,JQS A a1U.F_ COMBINED GENERAL, PLAN/l.ON1NG DESIGNATION MM I FAc pa/ Al6_ tr1EA)/uM 2/- Ti i y uA/UF:1.6)?Ui,A'D, t/G E 4k IS i I s Fo,2 Fxt-r)PrIe,t,.t ?e-g. R t s: c.0 nen) Aid . 5 3 - 200G.) e,i FI Le. P1)40/(/4; r AU-Act-1d 'Tentative Parccl'Subdivision Map Application Revised March, 200:1 Signature CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: ChlQi5TI E A. . Name: Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 3+31' FauRtN A✓F_ Address: SA14 0/E6o) CA 12463 Phone No. (o • ZR q • 55`5 0 Fax No. 6,0. 211. cig135f- Date: ! -2 .1%--o 6 Phone No. Fax No. Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: , n Name: Signat Signanrre (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: `�37c Est iuLA..,a VIt_L,t4 Address: DSu, `)ov 124— J sal, l oiF� v� Cal- '2,LL Phone No. SSg • s • 338 `f" Phone No. Fax No. SCS • 225 - c)3S6 Fax No. Date: / 2 -0 (; Date: 1 ^.t�rivc Parce.SuLdi•n.s,on i.13; A-.^!ic;!iic u !:_Dc,emb^r, 2ot3 APPLICANT Name: .C'/#/5T1t A. ieADDEg- (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 3Y3q- Ea.( lar4 A-1/EA/u6 DiE6 o Phone No. 6 214 s-sso Fax No. G/ 3L1- Date: ( rt- Pt Map Appicition Docerr,bt, 1998 c.r. Voit Development Company One 61 The Vail Companies 4370 la Jolla Village ID, Suite 900 San Diego, California 92122 TEL 858.458.3384 FAX 858.225.0356 Offices in Snn Diego, Newport Beach. Los Angeles and rhownix January 10, 2007 Mr. Martin Reeder City of National City 1243 National City Blvd. National City, CA 91950 Re: Waiver of Underground Utilities for t445-1645 Tidelands Ave. Dear Martin: Thank you for the time your assistance reviewing the requirements for the placement underground of surface utilities as currently required by the conditions for our condominium map (NCMC 13.08.50). We are requesting a waiver of this requirement for the following reasons: I. Placement of the utilities underground will have no positive effect on the neighborhood as all utilities on the west (Port) side of 'Tidelands will remain on the surface as long as the Port retains ownership. 2. The bulk of the utility facilities on our side of Tidelands are for the benefit of the Port property on the opposite side of the street. 3. The cost to underground these utilities only increases the cost for our market rate industrial condominiums to the National City small businesses that we hope will purchase them. The estimated constmction cost represents neatly 20' of the profit we hope to achieve on the property, reducing the profit below what prudent invcstois would pursue. 4. As detailed in the attached letter from the Schilling Corporation. it is not feasible to underground some of the utilities due to physical obstructions. 5. The time required for the necessary approvals from the City, the Port, the railroad company, and the multiple utility companies will add signifieautly to our interest carry and project cost, further increasing our project costs, increasing the costs to the small industrial companies we ale atternpting to serve and reducing profitability below what is reasonable in the market. Attached is a spreadsheet detailing: I. Cost of the property 2. Cost of our improvements 3nrd other related project costs. 3. Projected cost to underground the utilities 4. Projected net selling price tor the condominium unit; We have also attached an aerial photograph with the utility facilities identified. We would appreciate your recommendation to the City Council as soon as possible that the requirement to underground utilities he w;uved. Thank you for your consideration. Sincciely. VOIT DEVELOPMENT COMPANY Pctci B. Quinn Vice President \ (MC hnicrit Tidelands Pricing Schedule Addr j Suite I RSF j Asking PSF I Take PSF I Take Price 1445 Bldg 3,137 $ 235.00 $ 210.00 $ 658,770 1535 A 990 $ 215.00 $ 200.00 $ 198,000 1535 B 1,170 $ 210.00 $ 200.00 $ 234,000 1535 C 1,164 S 210.00 $ 195.00 $ 226,980 1535 E 1,151 $ 210.00 $ 195.00 $ 224,445 1535 D 1,167 $ 210.00 $ 195.00 $ 227,565 1535 F 1,155 $ 210.00 $ 195.00 $ 225,225 1535 G 1,156 $ 220.00 $ 195.00 $ 225,420 1535 H 1,162 $ 220.00 $ 195.00 $ 226,590 1535 I 1,156 $ 210.00 $ 195.00 $ 225,420 1535 J 1,162 $ 215.00 $ 195.00 $ 226,590 1535 K 1,162 $ 210.00 $ 195.00 $ 226,590 1535 L 1,164 $ 210.00 $ 195.00 $ 226,980 1535 M 1,164 $ 210.00 $ 195.00 $ 226,980 1535 N 1,158 $ 210.00 $ 195.00 $ 225,810 1535 0 1,188 $ 220.00 $ 200.00 $ 237,600 1535 P 1,186 $ 220.00 $ 200.00 $ 237,200 1545 A 1,763 $ 225.00 $ 200.00 $ 352,600 1545 B 1,315 S 225.00 $ 200.00 $ 263,000 1545 C 1,613 $ 250.00 $ 195.00 $ 314,535 1545 D 1,155 $ 220.00 $ 195.00 $ 225,225 1545 E 1,151 $ 220.00 $ 195.00 $ 224,445 P 1,700 $ 225.00 $ 195.00 $ 331,500 1545 F 1,147 $ 225.00 $ 195.00 $ 223,665 1545 G 1,169 $ 225.00 $ 195.00 $ 227,955 1545 II 1,138 $ 235.00 $ 195.00 5 221,910 1545 1 1,/35 S 245.00 $ 195 00 $ 338,325 1545 J 2.170 $ 245.00 $ 195.00 $ 423,150 1545 K 1,810 $ 225.00 $ 195.00 $ 352,950 1545 L 1,143 $ 225.00 $ 195.00 $ 222,885 1545 M 1,139 $ 225.00 $ 195.00 $ 222,105 1545 N 1,163 $ 225.00 $ 200.00 S 232.600 1545 0 1.130 $ 225.00 $ 200.00 $ 226,000 1645 Bldg 55,146 $ 110.00 $ 6,066,060 Gross Sale Proceeds i S 14,749.075 Less. Project costs Closing costs (commissions, legal. title) 7.50°;, $ (1.106,181) Purchase Price $ (10.062.191) In:provernents. architectural, financing $ (1,683.231 Cost to Underground Utilities . $ (302,675) Net Profit - $ 1,594,797 Target Market Return for r^..mrarable project _ 2U°D _ Return earned over 2 year project Project Profit . ; 12.12% life Utility Underground Study Par Electrical Contractors, Inc. Units North end Power Pole w/meters 1 SDGE trenching 155 Guy wire replacement 2 Underground Power at south end 1 Engineerin 1 Legal Permits Total Unit Cost 21,000 225 Total Not Feasable 21,000 34,875 Comments Schilling Corp est Schilling Corp est Schilling Corp est 196,800 , $ 196,800 35,000 $ 35,000 10,000 $ 10,000 5,000 $ 5,000 $ 302,675 Schilling Corp est Schilling Corp est VDC Estimate VDC Estimate ?r, Vgleffillosmso CORPORA T/ON TO: CASS CONSTRUCTION COMPANY Attn: Mike Harrison P.O Box 309 El Cajon, Ca. 92022 Re: 1445 — 1645 Tidelands National City Mike, January 10, 2007 Upon reviewing the site the at the north end, the power pole with meters the cost to underground the overhead would be approximately $21,000.00. This price is based upon approximately 155 1.14 of trench. The approximate cost of SI)(.i&E: work is $35,000.00. The concerns in this area are the existing (abandoned) railroad tracks. I am not sure if a permit and/or right of way would be required. The removal of the guide support poles along the property look to he unfeasible due to the alignment of the existing overhead. The only way (in my opinion) to remove the poles is to underground the existing overhead along the west side of Tidelands. The existing overhead line on the south side of the property (1645) presents special consideration due to the fact that there is approximately 9 inches between the two buildings, also on the east side of the building there is approximately 7 feet between the building and the property line before getting into the railroad right of way. If you trench around the building through the parking lot the approximate cost would be $61,800.00, SiXi&h's approximate cost would he about $85,000.00 to S 135,000.00 for the wire and pole removal. For engineering cost a budget of $25,000.00 to $35,000.00 should he included. The consulting fee for the overhead lines is included in the SUG&L• budgets If you have any questions please call me at 619 579-6500 ext 119. Thank you, Dan Shay Estimator Schilling Corporation I I I • • SDG&E (LIVE) SpG ••OOOOO f t if &E (GUY/SUPPORT ) AT&T Y • Y 1 r { J • Chapter 13.08 UNDERGROUND UTILITY INSTALLATIONS PROCEDURE Sections: I. Subdivision and Redevelopment Requirements 13.08.010 Definitions. 13.08.020 Subdivision —Installation. 13.08.030 Multiple dwelling — Commercial —Industrial — Installation. 13.08.040 Redevelopment —Installation. 13.08.050 Applicability —Exceptions. II. installation Specifications 13.08.060 13.08.070 13.08.080 13.08.090 13.08.100 13.08.110 13.08.120 13.08.130 13.08.1.10 13.08.150 13.08.160 13.08.170 13.08.180 13.08.190 13.08.200 13.08.21 Il Title. Construction of article. Purpose and intent. Definitions. Exceptions. Public hearing by council. Notice of hearing. Districts designated by resolution. Unlawful acts. Exception for emergency service. Notification of affected persons and utilities. Responsibility of utility companies. Responsibility of property owners. Noncompliance.. Discontinuance of overhead service. Responsibility of city. Extension of time. 141 13.08i0.10 1. Subdivision and Redevelopment Requirements 13.08.010 Definitions. "Redevelopment" refers to planning, development, redesign, etc., of all or part of lands of five acres in area, based on general welfare, and may include re- habilitation of existing structures, open space type uses (streets, parks, recreation areas, etc.), develop- ment of undeveloped areas which are either stagnant due to faulty street and lot layout or need replanning and land assembly due to scattered ownership or tax delinquency, but does not exclude continuance of existing structures. "Subdivision" refers to improved or unimproved land or lands divided or proposed to be divided, for the purpose of sale or lease or financing, whether immediate or future, into five or more lots or parcels, and condominium projects of five condominiums or more and community apartment projects of five par- cels or more as defined in Section 11535.1 of the Subdivision Map Act of the state, whether such pro- jects are new or are conversions from other forms of ownership. (Ord. 1506 § 2, 1976; Ord. 1 181 § 2, 1967) 13.08.020 Subdivision----1nstallation. In conjunction with the approval of all subdivi- sions, the following shall be required: A. Underground Utilities. All existing or pro- posed electrical. telephone or similar distribution util- ity facilities shall be placed underground. Transform- ers. terminal boxes, meter cabinets, pedestals, con- cealed ducts and other facilities necessarily pertinent to uch underground utilities or any required street Iic2hting system may be placed aboveground. III eater distribution and sewer collection facili- tie hall be installed in conformance e ith the spcci- licatlnns of the city. 13. Ornamental Street l.iLehtin_. OmomentaI eruct lighting ma) be required n1 all IL,catinn' and (:e. 1:211 a', pprrl`.Cil h\ the ultl k:iri)nl:ll. 1111ill1 1CLI)in• 'l1�Gdatlf li •.�t Ill l' I)laI111111;? ,'0;1111!li, ll111. .All 11c11 Ii 111!Iir , n ;hc is t , he offcre.1 h‘1 dealallicn I1aII 13.08.020 C. Fire Alarm Boxes. Provisions shall be made with the city for the installation of fire alarm boxes and wiring for same. in accordance with the fire alarm system of the city. D. Responsibility. The subdivider shall be re- sponsible for complying with the requirements of this section and shall make all the necessary arrange- ments with each of the serving utility companies and the city for the installation of all required facilities. (Ord. 2283, 2006: Ord. 1181 § 3, 1967) 13.08.030 Multiple dwelling--Commercial— Industrial—Installation. Within the boundary lines of all property upon which is constructed or moved in a multiple -family dwelling of five units or more, a commercial, manu- facturing or industrial structure, the following coedi- t ions on installation of public utility facilities shall be required: A. Underground Utilities. All electrical tele- phone and similar distribution service wires shall be placed underground. Transformers, terminal boxes. meter cabinets, pedestals, concealed ducts and other facilities necessarily pertinent to such underground facilities may be placed above ground All sever collection and viter distribution faci li- I iesshall be installed in conformance with specifics. Lions of the city. If. Responsibility. The property owner is re sponsible forcornplying pith the requirements of this section and shall make all the necessary arrange- ments for the installation of such facilities with each of the serving utility companies and the city. (.: Existing lit ilitiesand Structures. This section shah not apply to existing utilities. existing struc- tures. nor to the alteration, extension or enlargement elan existing structure Ord 1 181 c 1. 1967) 13.08.04(1 Redcvclopmrnt Installation. 1Cithin the extei ' 1 I,;,un,i;tn lines Lt all pmprri% and v.. ithin the halt I ,ill Ifci I, boundir_ ;I Iedc•.: ,.pmelit prole.! p:,I•.I!,l•. c !hi_ I .iI . m.'lid I ,I.. ',hid; A. Underground Utilities. All existing utility facilities within the exterior boundary line of the re- development project and within the half of all streets bounding the redevelopment project shall be relo- cated and installed underground. All electrical, telephone and similar distribution utility facilities to be installed within the exterior boundary lines and within the half of all streets bounding the redevelopment project shall be placed underground. All water distribution and sewer collection facili- ties shall be installed in conformance with specifica- tions of the city. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities neces- sarily pertinent to such underground utilities or any required street lighting system may be placed above ground. B. Ornamental Street Lighting. Ornamental street lighting shall be required in all locations and design as approved by the city council. upon recom- mendation of the planning commission. All such I fighting on streets dedicated or to be offered for dedi- cation shall be electric. C. Television and Radio Antennas or Cables. Television and radio reception shall be provided by concealed antennas or by an underground or other concealed cable and one central antenna. 1) Fire Alarm Boxes. Provisions shall he made with the city for the installation of tire alarm boxes and rvirint the same, in accordance with the tire alarm system of the city. E. Responsibility. The propertv owner and/or des eloper shall be responsible for complying with the requirements of this section and shall make all the necessary arrangements \\nth each of the seen is w.. utility companies and the city for the installation of all required facilities. (Ord. 1181 §5, 1967) 13.08.050 Applicability —Exceptions. The provisions of Sections 13.08.010 through 13.08.040 shall not apply to the installation or main- tenance of overhead electric transmission lines and overhead communication long distance trunk and feeder lines. If the planning commission finds that exceptional circumstances or conditions apply to any portion of a proposed development as outlined in Sections 13.08.010 through 13.08.040 and the re- quirement of the installation of any of the improve- ments required herein would be impractical or un- reasonable because of the topography, soil, excep- tional drainage conditions or other condition, or it is not economically feasible to install the required installation, the city council, upon recommendation of the planning commission may grant specific modifications or waivers of the improvement re- quired. (Ord. 1181 § 6, 1967) 1I. Installation Specifications 13.08.060 Title. This article may be cited as the "National City underground utilities procedural ordinance." (Ord. 1414 § 1, 1974) 13.08.070 Construction of article. This article shall be liberally construed in order to effectuate its purposes, and no error, irregularity, or informality, and no neglect or omission of any officer in any procedure taken under this article which does not directly affect the Jurisdiction of the council to order the work arid improvement shall avoid or invalidate such proceeding. (Ord. 1414 § 2, 1974) 13.08.080 Purpose and intent. It is the purpose and intent of this article to pro• vide for the creation of undergrvunJ unlit district in the uit': in which p.;ic,, tnerheau .".ire an•:I ciated overlwaci .structures, as Ii::r,anafter detmet. h:;ll not be peanut:v.i I UrC 14 97-1: ,143 13.08.040 13.08.090 Definitions. Whenever in this article the following words or phrases are used, they shall mean: A. "City" means the city of National City, a municipal corporation in the state of California. B. "Commission" means the Public Utilities Commission of the state of California. C. "Council" means the city council of the city. D. "Underground utility district" or "district" means that area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area as described in a resolu- tion or resolutions adopted pursuant to the provi- sions of Section 13.08.130. E. "Poles, overhead wires and associated over- head structures" means poles, towers, supports, wires, cables, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attach- ments and appurtenances located above ground upon, along, across or over the streets, alleys and ways of the city and used or usable in supplying electric, communication, community antenna televi- sion or similar or associate service. F. "Utility company" means and includes all persons and entities supplying electric, communica- tion, community antenna television or similar or associated service. G. "Affected persons" means the owners of real property located within the district, or proposed district, as shown on the last equalized San Diego County assessment roll and each occupant of real property located within the district or proposed district. (Ord. 1414 § 4, 1974) 13.08.100 Exceptions. Unless otherwise provided in the resolution creat- ing the district, this article and any resolution adopt- ed pursuant thereto shall not apply to the following types of facilities: A. Poles, and associated overhead ,trt:tures, uscd cxclusi'ely for sur0i lighting or srgnalrzation: 14. 0•,•.orhead wires (exclusr. : f supperun stnicturesi c,nne:cung to buildings on thr pernneter of n district when such '.wires originate in -:n area 13.08.100 from which poles, overhead wires and associated overhead structures are not prohibited; C. Overhead wires attached to the exterior sur- face of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street; D. Electric transmission lines of sixty thousand volts phase -to -phase and above; E. Radio antennae, associated equipment and supporting structures for such antennae, used by a utility company for fumishing communication ser- vices; F. Pad mounted transformers, junction boxes and service terminals on pedestals above ground used to distribute electrical, communication and community antenna television or similar or associated service, in the underground systems; G. Temporary poles, overhead wires and associ- ated overhead structures located on private property, used solely during the course of construction on that private property; H. Overhead wires to provide temporary or emergency service installed subject to the provisions of Section 13.08.150; 1. New or existing pole to anchor guy wires within the district necessary to support overhead facilities outside the boundary of the district or poles within the district which have been specifically excepted in the resolution creating the district. (Ord. 1414 § 5, 1974) 13.08.110 Public hearing by council. By appropriate resolution the council may from time to time call public hearings to ascertain wheth- er the public health, safety or general welfare re- quires the removal of poles, overhead wires and associated overhead structures within the designated areas of the city and the underground installation of \vires and facilities for supplying clectnc, comrnuni- :'all(?ri- :ur uJrI11Illty antenna television or >irriilar or sen ice. Each hearing shall t: open to the pu01:c and -na'. be continued from time to time. At a i:Fl h.'<li ln, all pers:.n. ! rlti:listed .shrill be L't':en an opportunity to be heard. The decision of the council shall be final and conclusive. (Ord. 1414 § 6, 1974) 13.08.120 Notice of hearing. A. The city clerk shall notify all affected persons and each utility company concerned of the time and place of the hearings at least fifteen days prior to the date thereof. B. Notices given under this section may be given either by personal service or by mail. In case of service by mail, each notice must be deposited in the United States mail in a sealed envelope with postage prepaid. Each notice to an owner of real property in a district, or proposed district, shall be addressed as such owner's name appears, and at the address listed for such owner, on the last equalized assessment roll of the county of San Diego. Each notice to an occupant of real property in any district, or proposed district, shall be addressed to occupant at the street address or addresses located on the real property. Notice given by mail shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after the mailing thereof. C. The city clerk shall cause the resolution call- ing a public hearing as set forth in Section 13.08.110 to be published in a newspaper of general circulation as defined in Section 6000 of the Califor- nia Government Code. Publication of the resolution shall be for one time, not less than five days prior to the date of the public hearing stated in the resolu- tion. (Ord. 1414 § 7, 1974) 13.08.130 Districts designated by resolution. If, after the public hearing, the council finds that the public health, safety or general welfare requires removal of poles, overhead wires and associated overhead structures and underground installation of wires and facilities for supplying electric, communi- cation. community antenna television or ,irnilar or associated service within a dent, noted aiea, the council shall. h'. resolution de..lale the designated area an tinderLrounil unlit'; di tric.t and order rho, remw.al and iindcruicund m`Ia1)dtl-^n 1r11lt li'i i1,1tOl\- f '! Inc n ,:d: nti n, the Hr.- . i. rb L::II cast . a certified copy of the resolution to be recorded in the office of the county recorder. The resolution shall include a description and map of the area compris- ing the district. It shall also provide that the council shall by subsequent resolution fix the time within which: A. Property in the district must be ready to re- ceive underground service; and B. Poles, overhead wires and associated over- head structures shall be removed. A reasonable time shall be allowed for removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (Ord. 1414 § 8, 1974) 13.08.140 Unlawful acts. Whenever the council creates an underground utility district and orders the removal of poles, over- head wires and associated overhead structures there- in as provided in Section 13.08.130, it shall be unlawful for any person or utility company to erect, construct, place, keep, maintain, continue, own, employ or operate poles, overhead wires and associ- ated overhead structures in the district on and after the date when overhead facilities are required to be removed by the resolution, except as otherwise provided in this article. Commencing upon the date when the overhead facilities are required to be re- moved, the continued existence, presence or mainte- nance of poles, overhead wires and associated over- head structures in the district shall he and the same is declared to be contrary to the health, safety and general welfare of the public and unlawful, and the same may be abated summarily or as otherwise provided by law. (Ord. 1414 § 9, 1974) 13.08.150 Exception for emergency service. Notwithstanding the. provisions of this article, overhead facilities may he installed and maintained for a period riot to exceed ;hilt, ;lass, without thority of the in order to pruv ide >mergenc servra. The council inn,, rtrant special perrnrssicn, on such t:rrns and for su..lh :hiratrons- a :i ; ::crunc:l 44. 13.08.130 may deem appropriate, in cases of unusual circum- stances, and where not detrimental to the public health, safety and general welfare and without dis- crimination as to any person or utility company, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead struc- tures within the district. (Ord. 1414 § 10, 1974) 13.08.160 Notification of affected persons and utilities. A. Within fifteen days after the effective date of a resolution adopted pursuant to Section 13.08.130, the city clerk shall notify all affected utility compa- nies and all affected persons of the provisions of the resolution. The city clerk specifically shall notify the affected persons that if they desire to continue to receive electric, communication, community antenna television or similar or associated service, they shall provide, at their own expense, all necessary facility changes on their premises so as to receive under- ground service from the lines relocated underground of the supplying utility company subject to applica- ble rules, regulations and tariffs of the respective utility company on file with the Commission and to all other applicable requirements of state laws and city ordinances. B. Within fifteen days of adoption by the coun- cil of the resolution fixing the time within which conversions on private property and pole removal must be accomplished, the city clerk shall further notify all affected utilities and affected persons that the work required to change the facilities on the premises so as to receive electric, communication, or community antenna television or similar or asso- ciated service provided or to be provided by the utility company shall be accomplished on or before the applicable date set forth in the resolution. This notice shall also state the date all poles and related overhead structures are to be removed from within the district. C Notices given under this section ilia% he given either b., personal service or by mail and in accordance with the provisions of Sect icui 13 08 I /G. D. Within fifteen days of adoption et tic resolu- tion fixing the conversion and pole removal tirr:e. I (� 13,08.160 of the district, the city manager shall cause copies of the notice, printed on a card not less than eight inches by ten inches in size and headed `Notice of Pole Removal" in letters of not less than one inch in height, to be posted conspicuously on every pole to be removed within the district. (Ord. 1414 § 11, 1974) 13.08.170 Responsibility of utility companies. If underground construction is necessary to pro- vide utility service within a district created by any resolution adopted pursuant to Section 13.08.130, any utility company engaging in such underground construction shall furnish that portion of the con- duits, conductors and associated equipment required to be furnished by it under the applicable orders, rules, regulations and tariffs on file with the Com- mission. (Ord. 1414 § 12, 1974) 13.08.180 Responsibility of property owners. The owner or owners of real property within a district shall be obligated to and shall be responsible for the commencement and completion of work as may be necessary to provide for the continuance of electric, communication, community antenna televi- sion or similar or associated service to the premises between the facilities referred to in Section 13.08.170 and the termination of service connection facilities on or within the building or structure being serviced, all in accordance with applicable orders. rules, regulations and tariffs of the respective utility companies on file with the Commission as of the effective date of the resolution creating the district, and in accordance with the applicable requirements of state laws and city ordinances. (Ord. 1414 § 13. 19''4) 13.08.190 Noncompliance —Discontinuance of overhead service. A. In the event the owner or owners of real prro•• per', v,ithin a district do not comply a-ith the pro:i- ,ri l Sr::tiim xithui thr tin;; pro idcd fot u, the resolution enacted puruant t:> Sect:r..n the respecuve_itihr. .,:nman,e• cemed shall advise the city manager in writing of the location of such property and thereupon the city manager shall cause to be posted on such property a written notice on the property being served. B. The notice required by subsection A of this section shall include the statement that thirty days after posting of the notice all utility companies are authorized to discontinue electric, communication, community antenna television or similar or associat- ed service from poles, overhead wires and associat- ed overhead structures. C. Thirty days after such posting, all utility com- panies are authorized to discontinue electric, com- munication, community antenna television or similar or associated service from poles, overhead wires, and associated overhead structures. (Ord. 1414 § 14, 1974) 13.08.200 Responsibility of city. The city shall remove at its own expense all city - owned equipment from all poles, overhead wires and associated overhead structures required to be removed hereunder in ample time to enable the owner of the poles, overhead wires and associated overhead structures to remove them within the time specified in the resolution enacted pursuant to Sec- tion 13.08.130. (Ord. 1414 § 15, 1974) 13.08.210 Extension of time. In the event that any act required by this article or by a resolution adopted pursuant to Section 13.08.130 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor distur- bances, civil disobedience or any other circumstanc- es beyond the control of the actor, then the time within which such act will he accomplished shall be ztended for a period equivalent to the time of such limitation. (Ord. 1414 § 16, 1974) `.rra� SECOND READING City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 17, 2007 AGENDA ITEM NO. 17 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 11.34 PERTAINING TO TRUCK IDLING AND PARKING MANEUVERS NEAR A SCHOOL OR RESIDENCE PREPARED BY Claudia Gacitua Silva DEPARTMENT City Attorney (Ext. 4222) EXPLANATION Please see attached memorandum. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed ordinance A-20G (9199) CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney Phone: (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 E-mail: Attorney@ci.national-cIty.ca.us TO: Mayor and City Council DATE: April 5, 2007 FROM: Senior Assistant City Attorney SUBJECT: Truck Idling Ordinance The following proposed ordinance for introduction is based upon a city's authority to adopt strategies to reduce vehicle idling for the purpose of reducing motor vehicle emissions. Studies have documented the negative health effects for toxic air contaminants such as particulate matter, which are generated by diesel fueled commercial vehicles. Air pollution can cause or aggravate illnesses such as acute respiratory infections, asthma, chronic bronchitis, and emphysema. Idling contributes to vehicle emissions. Practicing repeated parking maneuvers in an area close to schools and residences is similar to idling in that the vehicle is almost stationary in its location, with limited movement back and forth, resulting in a concentrated emission of contaminants. The proposed ordinance seeks to limit emissions from these types of actions. The proposed ordinance prohibits a commercial vehicle with a gross weight rating of more than 10,000 pounds from: 1) idling more than five minutes; 2) idling for more than an aggregate of five minutes within 100 feet of a school; and 3) practicing parking maneuvers within 100 feet of a school or residential neighborhood for the purpose of driver instruction, improvement or education. This ordinance was introduced at the April 3, 2007 City Council meeting. At the Council's direction, and consistent with the intent of the ordinance, a sentence was added clarifying that the exemption for necessity to operate defrosters, heaters, air conditioners or other equipment could not occur within 100 feet of a school or residence. Thus, should a commercial vehicle need to idle for this purpose, such idling would have to occur more than 100 feet away from a school or residence. This clarification is stated at Section 11.34.050(A)(7)(c). CLAUDIA GACITUA SILVA Senior Assistant City Attorney CGS/gmo ORDINANCE NO. 2007 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 11.34 PERTAINING TO TRUCK IDLING AND PARKING MANEUVERS NEAR A SCHOOL OR RESIDENCE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Title 11 of the National City Municipal Code is amended by adding Chapter 11.34 to read as follows: Chapter 11.34 TRUCK IDLING AND PARKING MANEUVERS NEAR A SCHOOL OR RESIDENCE Sections: 11.34.010 Findings and purpose. 11.34.020 Definitions. 11.34.030 Applicability. 11.34.040 Idling. 11.34.050 Exemptions. 11.34.060 Practicing parking maneuvers. 11.34.070 Enforcement. 11.34.080 Penalty. 11.34.090 Severability. 11.34.010 Findings and purpose. A. Air pollution is a public health concern in Califomia. The San Diego Air Basin is currently designated as non -attainment for the State and federal ozone standard, and the State's particulate matter standards. Air pollution can cause or aggravate illnesses such as acute respiratory infections, asthma, chronic bronchitis, emphysema, and lung cancer. In addition to health impacts, air pollution imposes significant economic costs and negative impacts on our quality of life (nuisance). B. The purpose of this chapter is to reduce public exposure to diesel particulate matter and other air contaminates by limiting the idling and practice of parking maneuvers of diesel fueled commercial vehicles. The purpose of this chapter is also to reduce such exposure especially to school -age children. C. The Air Resources Board identified diesel exhaust particulate matter as a toxic air contaminant. Particulate Matter (PM-10) can collect in lungs where it can increase the number and severity of asthma attacks, cause aggravated bronchitis, and cause other lung diseases. Particulate Matter can also exacerbate other illnesses. Ozone is a strong irritant which can restrict airways, resulting in difficulty breathing and forcing respiratory and cardiovascular systems to work harder. Chronic exposure reduces lung capacity, lower stamina, and leaves people vulnerable to long-term respiratory problems. Ozone is especially harmful to children, senior citizens and those suffering from asthma or existing heart and lung disease. Ordinance No. 2007 — Page 2 D. Public agencies can play an important role in improving air quality by limiting the amount of time engines are allowed to idle within their jurisdiction. Public agencies have the responsibility to lead the effort to improve air quality by adopting ordinances that are cost- effective in reducing ozone precursor emissions and toxic air contaminants. E. A study of idling exhaust emissions conducted by the U.S. Environmental Protection Agency (EPA420-R-02-025, October 2002) indicates that a typical 1980's-2001 model year truck operating on diesel fuel emits 144 grams per hour of nitrogen oxide and 8,224 grams per hour of carbon dioxide emissions and consumes about 0.82 gallons of diesel fuel per hour while idling. F. A limitation on engine idling is established by the City of National City to discourage the idling of engines in the city. G. The practice of commercial vehicles practicing repeated parking maneuvers near schools and residences contributes to the emission of toxic air contaminates in a manner similar to idling. A limitation on practicing parking maneuvers near schools and residences is established to discourage the emissions of toxic air contaminates. 11.34.020 Definitions. The following definitions shall apply unless the context dearly indicates or requires a different meaning. A. "Commercial Motor Vehicle" means any vehicle or combination of vehicles as defined in Vehicle Code section 15210(b) and any other motor truck with a gross vehicle weight rating of 10,001 pounds or more, except for either a zero -emission vehicle or a pickup truck as defined in Vehicle Code section 471. B. "Driver" means any person who drives, operates, or is in actual physical control of a vehicle. C. "Emergency" means sudden, urgent, usually unforeseen occurrence. D. "Gross Vehicle Weight Rating" means the weight specified by the manufacturer as the maximum loaded weight of a single vehicle. E. "Idling" means the engine is running while the vehicle is stationary. F. "Official Traffic Control Device" means any sign, signal, marking or device, consistent with Vehicle Code section 21400, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, but does no include islands, curbs, traffic barriers, speed humps, speed bumps or other roadway design features. G. "Official Traffic Control Signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction. H. "Vehicle" means any on -road, self-propelled vehicle that is required to be registered and have a license plate by the Department of Motor Vehicles. I. "Vehicle/Equipment Owner" means the registered owner, lessee, licensee or bailee of any heavy- or medium -duty vehicle who operates or directs the operation of any such vehicle on either a for hire or not for hire basis. 11.34.030 Applicability. This chapter applies to all diesel fueled commercial motor vehicles with a gross vehicle weight rating over 10,000 pounds. 11.34.040 Idling. A. A driver of a commercial motor vehicle: 1. Shall turn off the engine upon stopping at a destination; Ordinance No. 2007 — Page 3 2. Shall not cause or allow an engine to idle at any location for more than five consecutive minutes; and 3. Shall not cause or allow a vehicle to idle at any location within 100 feet of a school for: more than five consecutive minutes; or ii. a period or periods aggregating more than five minutes in any one hour. B. A private property owner shall not allow a vehicle located on the owner's property to violate the provisions of this chapter. A private property owner shall notify owners and operators of vehicles entering the owner's private property of the requirements of this chapter. 11.34.050 Exemptions. A. This chapter does not apply to a vehicle for the period or periods during which: 1. Idling is necessary while stopped: a. For an official traffic control device;. b. For an official traffic control signal; c. For traffic conditions over which the driver has no control, including, but not limited to, stopped in a line of traffic, stopped at a railroad crossing, or stopped at a construction zone; or d. At the direction of a peace officer. 2. Idling is necessary to ascertain that the vehicle is in safe operating condition, equipped as required by all provisions of law, and all equipment is in good working order, either as part of the daily vehicle inspection or as otherwise needed, provided that such engine idling is mandatory for such verification; 3. Idling is necessary for testing, servicing, repairing or diagnostic purposes; 4. Idling is necessary for a period not to exceed three to five minutes (as per the recommendation of the manufacturer) to cool down a turbo charged heavy-duty vehicle before turning the engine off; 5. Idling is necessary to accomplish work for which the vehicle/equipment was designed, other than transporting goods, such as operating a lift, crane, pump, drill, hoist, mixer or other auxiliary equipment other than a heater or air conditioner; 6. Idling is necessary to operate a lift or other piece of equipment designed to ensure safe loading and unloading of goods and people; 7. Idling is necessary to operate defrosters, heaters, air conditioners, or other equipment to prevent a safety or health emergency, but not solely for the comfort of the driver or passengers; a. The only exception for driver comfort would be a vehicle driver that is required to have rest time by' law. In this case, the driver may only idle at a designated rest area or truck stop and will not idle within 1,000 feet of a residential area or school; b. The only specific exception for passenger comfort would be vehicles with a passenger onboard with a disability or health condition that would be critically aggravated if the vehicle were not maintained at an adequate temperature. c. In the event idling is necessary to operate defrosters, heaters, air conditioners, or other equipment to prevent a safety or health emergency, but not solely for the comfort of the driver or passengers, such idling shall not occur within 100 feet of a residence or a school. 8. Idling is necessary solely to recharge a battery or other energy storage unit of a hybrid electric vehicle/equipment; Ordinance No. 2007 — Page 4 9. Idling is necessary to operate equipment that runs intermittently; B. Nothing in this chapter allows idling in excess of other applicable laws, including but not limited to: 1. Title 13 Code of Regulations section 2480; requirements/restriction of idling near a school. 2. Title 13 Code of Regulations section 2485; requirement/restriction of idling. 3. Vehicle Code section 22515; requirements for leaving a motor vehicle unattended. 4. Any local provision of this code or requirement as stringent as, or more stringent than, this chapter. 11.34.070 Practicing parking maneuvers. A. A driver of a commercial motor vehicle shall not practice parallel parking, angled parking, perpendicular parking, or any type of parking, for the purpose of driver instruction, improvement, or education, within 100 feet of a school. B. A driver of a commercial motor vehicle shall not practice parallel parking, angled parking, perpendicular parking, or any type of parking, for the purpose of driver instruction, improvement, or education, within 100 feet of a residential neighborhood. 11.34.070 Enforcement. This chapter may be enforced by the local air pollution control or air quality management district, and/or any peace officer as defined in Penal Code section 830 et seq. and their respective agencies authorized representative(s). 11.34.080 Penalty. Any violation of this chapter for which a penalty is not provided shall be punished according to Chapter 11.12 of this code. 11.34.090 Severability of provisions. The city council declares that the invalidity of any section or portion of this chapter shall not affect the validity of any other remaining section or portion; that the council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision is determined by a court to be invalid, it shall be severed, or if it can be judicially interpreted in a way that would harmonize it with the remaining provisions, then it may be applied as interpreted, so as to give full purpose, meaning and effect to the remaining provisions of this chapter. PASSED and ADOPTED this day of 2007. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della George H. Eiser, III City Clerk City Attorney City of National City COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2007 AGENDA ITEM NO. 18 ITEM TITLE: Resolution amending City Council Policy 4'801 in regards to Recreational Field and Facility Rules and Regulations PREPARED BY: Rudy Lopez VI" (619) 336-4560 EXPLANATION: Please see attached explanation. DEPARTMENT Community Services Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Approve the resolution amending City Council Policy #801 in regards to Recreational Field and Facility Rules and Regulations BOARD/COMMISSION RECOMMENDATION While the Parks and Recreation Advisory Board was made aware of a possible revision to Policy #801, lack gr.iorurn has prevented formal action from being taken by the board. to ATTACHMENTS (Listed Below) Resolution No. 1. Proposed City Council Policy =801 2. Resolution EXPLANATION: The purpose of this report is to recommend the City Council adopt a resolution that would amend City Council Policy #801 on "Recreational Field and Facility Rules and Regulations" (proposed new title). On November 12, 1991 the City Council adopted Policy #801 on "Parks and Recreation Facility Rules and Regulations". The revised title is inclusive of City fields as well as recreational facilities. A subcommittee consisting of Councilmembers Luis Natividad and Rosalie Zarate, Acting Community Services Director Rudy Lopez, Recreation Superintendent Kaseem Baker, Parks Superintendent Miguel Diaz, and Park Supervisor Victor Uribe have met several times to review, update and fine-tune the Policy. The proposed Policy covers only recreational fields and facilities as the use of other City facilities is governed under a separate Council policy. Significant changes to the proposed Policy include: • Updated application process requiring submittal of field/facility request, available enrollment data, and current organization bylaws at time of request. • Roster verification requirement with minimum data requested. • Priority in scheduling for resident and non-resident teams/leagues, where 70% is the defined threshold for meeting residency eligibility. • "Twice -yearly field allocation meetings to equitably schedule field use amongst requesting organizations. • Modified fee schedule which includes User Fee, Field/Facility Maintenance Cost Recovery Fee, and Light Fee (if applicable) with list of organizations eligible for waiver of User Fee. • Updated rules for use of recreation buildings. • Updated rules for use of court areas. • I Jpdated rules for use of fields including score shacks and snack bars. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NUMBER 801 REGARDING FIELD AND FACILITY RULES AND REGULATIONS BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 801, entitled "Field and Facility Rules and Regulations", is amended as recommended by the Interim Community Services Director. PASSED and ADOPTED this 17th day of April, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR April 17, 2007 REVISED: GENERAL POLICY A. INTENT Page 1 of 14 It is the intent that these Rules and Regulations are made to promote the general health and welfare of the residents of the City of National City, and are based on the following precepts: 1. Facilities and services should be available to all people without discrimination. 2. The recreational program should include a wide variety of activities for all age groups and interests. 3. Under certain conditions, AND AVAILABILITY OF FACILITIES, fees for use of facilities and specialized programs may be charged. 4. Maintenance and renovation must be scheduled and implemented to maintain the community's high standards of aesthetics and sustain the playability of the City's facilities. B. NON-EXCLUSIVE USE If the City desires to allow other organizations, or the City itself, to share use of the facility on a one-time, occasional or permanent basis, the organization shall agree to such shared use. In return, the City shall adjust the organization's responsibilities accordingly. GENERAL RULES A. PERMIT REQUIRED A permit must be obtained at the Community Services Department prior to field or facility usage. CITY OF NATIONA CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: April 17, 2007 Page 2 of 14 1. Season: For purposes of this procedure, the seasons are established as follows: a. Fall / Winter: August 1-November 30 b. Spring / Summer: February 1-May 31 2. Priority use will be given to those users whose sport has been classified as "In Season". 3. When questions arise as to which season a sport should be classified "In Season", California Interscholastic Federation (CIF) competition will be considered. B. APPLICATION PROCESS 1. Each organization is required to submit a field application, available rosters' enrollment data, and current organization bylaws at time of field request. Current rosters are due by the completion of the season's second week of play. Any fees due must be paid within 10 working days prior to the date of reservation. Deadline for submittals will be August 1 through August 31 for the following spring/summer field use, and from January 7 through February 8 for the following fall/winter field use. Any organizations missing these deadlines will have access to any remaining fields on an "as available" basis only. 2. A field allocation meeting will be held twice a year and will be comprised of one representative from each participating organization, City staff and a representative of the Parks and Recreation Advisory Board. This group will meet to review the applications, allocate fields equitably, and encourage optimum cooperation between all user groups. 3. Any organization that has fields or facilities of its own must first fully utilize those resources before requesting City Fields and Facilities. 4. The formula used to determine field allocation percentages will be as follows: CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: April 17, 2007 Page 3 of 14 The total number of players, divided by 12, equals the number of teams. The number of an organization's team, divided by the total number of all participating teams, equals that organization's field allocation percentage. Note: If there is ample field space a field allocation meeting may not be needed, and space will be given based on the priority list. C. STANDARDS FOR ISSUANCE The Community Services Department may issue a permit hereunder when it finds: 1. That the proposed activity or use of facility will not pose a hazard to public health, welfare, safety, or interfere with City recreation activities or programs. 2. That the proposed activity or use is not unlawful. 3. That the applicant will not dispense alcoholic beverages in, or on the field or facility. 4. That the proposed activity will not entail unusual, extraordinary or burdensome expense to the City or involve excessive police operations. (Police security arrangements must be approved by the Chief of Police or his designee.) 5. That the facilities desired have not been previously reserved. 6. That all requirements of Chapter 15.60 of the Municipal Code have been met. 7. Use of recreation buildings for private groups will not be allowed. 8. Use of facilities will not be granted for the purpose of profit motive without prior City Council approval. Ci`i Y OF NATIONAI, CiTy CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: April 17, 2007 Page 4 of 14 9. That the organization will mandate that all coaching staff adhere to Positive Coaching Alliance standards or a program similar in standards. National City encourages each organization to perform background checks on all volunteers. D. EFFECT OF PERMIT A permit shall be bound by the Community Services Department Rules and Regulations and all applicable ordinances as fully as though the same were set forth in the permit. E. REVOCATION The Community Services Director or his/her designated representative shall have the authority to revoke a permit upon finding of violation of any provision hereof, or upon good cause shown. F. SECURITY FOR ACTIVITIES FOR MINORS Activities for minors must be supervised by responsible adults on a minimum ratio of (1) adult for every thirty (30) minors. The Department may require the sponsoring group to also provide security personnel to be in attendance. G. ADVERTISING 1. No advertising in parks or public recreation facilities is permitted without prior approval of the Community Services Department and compliance with the appropriate ordinances. 2. No soliciting, circulating of petitions, or use of sound trucks or platforms is permitted without written approval of the Community Services Director and compliance with the appropriate ordinances. CITY OF NATIONA.T. CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: April 17, 2007 Page 5 of 14 H. HOUSE RULES 1. Each group or organization that applies for use of a City facility will be given a set of General Rules. The General Rules will include the guidelines governing the use of that facility. 2. Games and practices can begin no earlier than 12:00 noon on weekdays and 8:00 a.m. on weekends unless prior written approval from the Community Services Director or his/her designee has been obtained. No games and/or practices may be scheduled for holidays without prior approval from the Community Services Director or his/her designee. 3. Games and practices can end no later than 10:00 p.m. unless prior written approval from the Community Services Director or his/her designee has been obtained. 4. Weekend use, on a regular basis, may be subject to limited hours at the discretion of the Community Services Director, or his/her designee. 5. Organizations/groups utilizing lighted facilities are responsible for ensuring the proper use of lights. Groups are required to submit schedules with their applications outlining their usage time for lights at each requested facility, and inform the City of any changes. The City reserves the right to bill user groups for hourly energy costs. 6. All groups are required to notify the City at least 24 hours in advance of scheduled changes, and/or when facility lights are not required. The City reserves the right to bill user groups for hourly energy costs incurred during hours that lights are left on and the fields are not being used. 7. Use of metal cleats is prohibited without prior approval from the Community Services Director, or his/her designee. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: April 17, 2007 Page 6 of 14 8. At the conclusion of games, practices, and activities, organizations must leave the park/facility quickly, quietly, clean and clear of debris. Failure to do so will result in a forfeiture of deposit and if applicable, may be assessed a maintenance cleaning fee. 9. Due to maximum occupancy limits of Facilities and Fields as well as parking availability, maximum group sizes may be instituted, or a request may be denied when applying for a facility permit. 10.All Recreation Facilities Policies and Use Procedures apply to the Field Allocation and Use Procedures. I. PRIORITY To ensure that community recreation facilities are used in the best interest for the citizens of the City of National City at large, the facilities will be administered in accordance with the priority system and following rules: No Recreation facilities shall be used or scheduled after regular hours established by the Community Services Director. 1. CITY PROGRAMS. National City Programs shall take first priority over any other programs or usage. 2. CITY SPONSORED PROGRAMS. National City sponsored programs shall be given second priority. 3. RESIDENT NON-PROFIT 501C3, NATIONAL CITY YOUTH LEAGUES. National City non-profit community -based leagues, whose charters state service of youth and youth sports activities, with 70% of participants having a City of National City residency and whose ages are eighteen (18) or younger at the beginning of the season. 4. NON-RESIDENT YOUTH LEAGUES. Non-profit organizations whose charters state service of youth and youth sports activities with less than C1.1 Y OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: April 17, 2007 Page 7 of 14 70% of participants having National City residency whose ages are eighteen (18) or younger at the beginning of the season. 5. YOUTH LEAGUES WITHOUT NON-PROFIT STATUS. See Occasional Use/Recreational Play definition. 6. RESIDENT NON-PROFIT NATIONAL CITY ADULT LEAGUES. National City non-profit community -based leagues, whose charters state service of adult sports activities, with 70% of participants having City of National City residency and whose ages are eighteen or older. 7. ADULT LEAGUES FOR PROFIT STATUS. Leagues whose rosters are comprised of persons eighteen years of age or older. 8. TOURNAMENTS. Tournaments shall be defined as non -regular league play or off-season competitions with the primary purpose of fundraising. Generally, tournament play is completed in three or Tess days including Resident Youth Leagues, Non -Resident Youth Leagues, Adult Non - Profit Leagues and Adult -for -Profit Leagues. 9. OCCASIONAL USE/RECREATION PLAY. Those persons who require the use of a playing field for recreational play such as a company - sponsored competition, or youth leagues without non-profit status, shall pay a Field Use Reservation Fee at the rate stated for Adult for Profit in the current adopted user fee schedule. Resident National City Non -Profit Youth League organizations will be given priority. Staff will compare any current field use request with the prior year schedule. J. RESIDENT YOUTH ROSTER VERFICIATION. Failure of a league to provide official rosters places the league in a non- resident fee status, and applicable fees will be charged. Each organization must present enrollment data from its current season indicating names, addresses, phone numbers, and birth dates of all participants. The number of participants within each organization's CITY OF NATIONAL, CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: April 17, 2007 Page 8 of 14 enrollment must be confirmed by the City prior to the field allocation meeting. K. FEES AND CHARGES All City sponsored activities and the following National City organizations will not be subject to a user fee: Little Leagues, Pony League, Colt League, Thoroughbred League, Girls Softball League, Pop Warner League, Senior Citizen Softball League, National School District, Sweetwater School District, and the National City Swim Club. The City reserves the right to add or subtract organizations from this list. User Fee: Resident teams Non-resident teams $25 per hour, 2 hour minimum $50 per hour, 2 hour minimum Field/Facility Maintenance Cost Recovery: Resident teams $25 per hour, 2 hour minimum Non-resident teams $50 per hour, 2 hour minimum Use of Athletic Field Lights: Resident teams - $20 per hour, 2 hour minimum Non-resident teams - $40 per hour, 2 hour minimum A resident team is one whose team consists of over 70% National City residents. C'1TY OF NATIONAL JONAI. CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: April 17, 2007 Page 9 of 14 L. MINIMUM FIELD USAGE. Fields cannot be reserved for Tess than two hours use. M. PAYMENT OF FEES 1. Fees are to be paid at the time of reservation unless special arrangements have been granted by the Community Services Director. 2. Overtime and special charges are not waivable. 3. No person shall be issued a permit or be provided a service without having first paid the deposit, if any, prescribed for such use or service. 4. The Community Services Director shall have the authority to determine the charges to participants for special programs. 5. All applications for refunds, which comply with this requirement, shall be transmitted to the Finance Department, which will, in turn, cause a warrant to be prepared and issued to the applicant for the amount of the refund. Any deposit made pursuant to priorities 2-7 shall be refunded if reimbursement is not needed for the repair or replacement of damaged City property. N. MODIFICATION TO SPORTS FIELDS All requests for permission to modify park grounds must be brought to the attention of the Community Services Director and Public Works Director for approval. All installations become the property of the City. All requests must include a "Letter of Intent", accompanied by construction drawings and specifications. Approval is received by written permission from the Community Services Director and the Public Works Director, and depending on the extent of modifications, possible City Council approval. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: April 17, 2007 Page 10 of 14 O. INDEMNIFICATION The applicant must complete a release, hold harmless and indemnity agreement which releases the City, its elected officials, employees, representatives, and/or agents from any and all claims asserted, suits or liability established for damages or injuries, including death, to any person or property, including injuries to applicant, caused by or alleged to be caused by any act or omission by the City, its elected officials, employees, representatives, and/or agents which arise out of or are in any matter directly or indirectly connected with the use or condition of the premises. P. INSURANCE 1. All groups are required to have insurance to protect the City from liability occasioned by their use of City premises. Specifically, all insurance required by this policy shall be written by California admitted companies which are rated at least "A, VIII" by the current A.M. Best Rating Guide or by a company of equal financial stability which shall be approved by the City's Risk Manager. 2. Commercial General Liability coverage with limits of at least one million dollars ($1,000,000) per occurrence must be provided. The City of National City must be named as an additional insured pursuant to a separate endorsement which will be provided to the City along with the Certificate of insurance prior to use of City facilities or premises. In addition, all deductibles and/or self -insured retentions must be disclosed to and approved by the City's Risk Manager. 3. Insurance coverage may be obtained through the City under terms, conditions, and rates applicable at the time, depending on the nature and duration of the proposed use. Groups desiring to purchase such insurance through the City must contact the City's Risk Manager. CITY OF NATIONAI, CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: April 17, 2007 Page 11 of 14 RULES GOVERNING USE OF RECREATION BUILDINGS 1. Applicant desiring to use a facility must apply at least ten working days prior to use. Recreation sponsored classes and activities will not be changed to accommodate a group or organization unless authorized in writing by the Community Services Director. 2. The Recreation office shall be notified of any cancellation at least 24 hours in advance. Failure to do so may result in denial of privileges in the use of said facilities. 3. Food and/or soft drinks will be allowed by special arrangements with the Community Services Director. NO ALCOHOLIC BEVERAGES OR TOBACCO PRODUCTS ALLOWED. 4. Premises shall be left in the same condition as they are found. Groups will be held responsible for breakage and general clean up. Any infraction of this rule may result in denial of privileges in the case of said facilities. 5. Under no circumstances will equipment or furniture be removed from buildings. 6. Officers of groups shall supervise the conduct of their members to avoid damages to City property. 7. All reservations shall be subject to changes or cancellations at any time by the Community Services office upon reasonable notice being given. CITY OIF NATIONAL Cl'I'Y CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: April 17, 2007 Page 12 of 14 RULES GOVERNING USE OF COURT AREAS (Tennis, Volleyball and Basketball courts) 1. Department sponsored classes and tournaments shall have priority on all courts. 2. Tennis players must wear tennis shoes. 3. Tennis courts are for tennis only, or for such activities as may be scheduled by the Recreation office. 4. Bikes and skateboards are not allowed on tennis courts. 5. Volleyball nets, volleyballs, and basketballs may be checked out at the closest center. 6. Tennis players must provide their own equipment. ATHLETIC FIELD REGULATIONS 1. The use of all City athletic fields will be scheduled by the Community Services Department 2. Fields close at 10:00 PM. Lights will be turned off by this time. Ball field use must be terminated by 10:00 PM as per City Code, unless granted a special permit by the Community Services Director. 3. Applicants occasionally desiring to schedule any softball or baseball diamond for practice purposes must obtain a permit at least ten (10) working days prior to use. 4. Equipment and maintenance: Each user group must provide its own bases, chalk and field preparation equipment. CITY OF NATIONAI. ('ITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations ADOPTED: November 12, 1991 AMENDED OR REVISED: POLICY NUMBER 801 April 17, 2007 Page 13 of 14 5. No vehicles are allowed on the park grounds, except by approval of Parks Division. Violators are subject to citation. 6. Alcoholic beverages and tobacco products are prohibited in all areas of National City parks, no exceptions. 7. Firearms and weapons are prohibited pursuant to California State Law or Statutes. 8. Organizations/teams will be held responsible for breakage and general clean- up. Any infraction of this regulation may result in denial of privileges in the case of said facilities. 9. League officials shall supervise the conduct of their members. 10. The Community Services Department shall be notified of any cancellation at least 48 hours in advance. Failure to do so may result in denial of privileges in the use of said facility. 11. All reservations shall be subject to changes or cancellations at any given time. 12. Trash and litter must be picked up and fields left in a clean and orderly state as this is the responsibility of the OrganizationlTeam. Please report any vandalism, criminal offense, disturbances, or maintenance issue to the Community Services Department at (619) 336-4290 or the National City Police Department at (619) 336-4411. Your help is appreciated in preserving the National City tradition of clean parks and quality playing fields. 13. No permanent advertising signs shall appear on City property unless approved by the City. Any temporary signage must be previously approved by the Community Services Director or designee and must be affiliated with the league or team (See Item N, Modifications to Sports Fields). 14. No pesticides, herbicides, insecticides, fungicides, etc. may be applied without prior written consent of the City. This consent must be accompanied CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: April 17, 2007 Page 14 of 14 by a Pest Control Advisors Report. All work must be performed by a Licensed Pest Control Applicator. 15. Weather conditions. During rain or wet conditions, call the Community Services Department at (619) 336-4290 to see if fields are playable. 16. Use of Score Shacks/Snack Bars by the permit holder will be permissible. Each permittee will be responsible for providing their own lock. All items must be removed at conclusion of Season or Tournament and the facility left in clean and orderly condition. Parks Division personnel will install a City lock one week after the expiration of the permitted use. 17. The City will not be held responsible for the loss or theft of any item or equipment from Score Shacks/Snack Bars. CITY OF NM IONAI. CITY City of National City COUNCIL AGENDA STATEMENT MEETING DATE: April 17, 2007 AGENDA ITEM NO. 19 iITEM TITLE: Resolution amending City Council Policy #804 in regards to City Support for Special Events PREPARED BY: Rudy LopezV't" DEPARTMENT Community Services (619) 336-4560 EXPLANATION: At the April 3, 2007 City Council meeting, Council asked staff for recommendations concerning City co- sponsored events governed by Council Policy 804 regarding City Support for Special Events. Staff recommends the following three revisions to Item #2 under "Policy" on page three: • The extension of financial support of up to $1,500 per event day rather than per event for City co -sponsored events. • The absorption of associated police costs by the City for City co -sponsored events. • Prominent placement of City logo on all advertising material for City co -sponsored events. Environmental Review N/A Financial Statement Revisions would result in additional support to City co -sponsored special events up to $1,500 per day. Additionally, the City would absorb an undetermined amount in police costs for said events. STAFF RECOMMENDATION Approve the resolution amending City Council Policy :/804 in regards to City Support for Special Events. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Proposed City Council Policy =804 Resolution RESOLUTION NO. 2007 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NUMBER 804 PERTAINING TO THE CITY'S POLICY REGARDING CITY SUPPORT FOR SPECIAL EVENTS BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 804, entitled "Policy Regarding City Support for Special Events", is amended as recommended by the Interim Community Services Director. PASSED and ADOPTED this 17th day of April, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: April 17, 2007 Page 1 of 6 BACKGROUND: The City Council is concerned with the increasing cost of City support of special events, examples of which are concerts, festivals, parades and sporting events which take place at City parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support, is not specially budgeted and is provided through reductions in the level of service for budgeted programs. The Council also recognizes that special events are a major part of that special lifestyle that defines National City's history and makes our city unique. DEFINITONS: 1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include, but are not limited to: a. Parades. b. Public concerts and other community cultural events. c. Demonstrations. d. Circuses. e. Fairs and festivals. f. Community or neighborhood block parties and street dances. g. Mass participation sports (marathons, bicycles races and tours). h. Film making activities. i. Public speaker events. 2. ''CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. CITY OF NATIONAL C[TY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: April 17, 2007 Page 2 of 6 City support includes but is not limited to: a. Special Event permit processing. b. Police services. c. Sanitation and cleanup. d. Maintaining access for emergency vehicles and provision of medical care. e. Street closures. City Support does not include internal security, crowd control and other services considered the responsibility of the Special Event Sponsor. 3. "NON PROFIT" means a non-profit tax exempt organization (501c3) that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access (street, park, theater, etc.) that lies within the City and which is owned or operated by the City for public benefit or usage. 5. "EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. 'CITY MANAGER" means the City Manager or assigned representative. PURPOSE: It is the purpose of this policy to provide guidelines for the support of special events, consistent with the least possible disruption to normal City services. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: April 17, 2007 Page 3 of 6 POLICY: 1. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City Manager may provide City support for a special event conducted by a non-profit organization. City support would be limited to a waiver of permit processing fees and the event must benefit National City residents. Examples include an event where there is insufficient time for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 2. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City Manager upon City Council notification, may provide reasonable City support of up to $1,500 per event day to non-profit special events that benefit National City residents, which are listed in Attachment A and are considered to be City co -sponsored annual events. Additionally, the City shall absorb police costs associated with said events. The City Manager shall notify the City Council of upcoming events on a monthly basis. As a City co -sponsored event, organizations shall prominently place the City's logo in all advertising materials promoting the event. 3. It is the policy of the City Council that to the extent economic conditions and the City's resource allow, National City will sponsor and provide community - wide annual events which are listed in Attachment B. Event fees that are incurred by City departments will be charged against an account designed for that purpose. The City Manager shall notify the City Council of upcoming events on a monthly basis. 4. It is the policy of the City Council that the City Manager shall charge City costs for any special event of a commercial nature; also, the City Manager shall require organizers of commercial special events to pay the City a negotiated percentage of gross revenues or a flat fee. Such revenues will be deposited into the City's General Fund. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: April 17, 2007 Page 4 of 6 Proceeds from a special event of a commercial nature that benefits a local non-profit organization, shall show proof of donation within 10 business days. Such proof shall be submitted to the City's Finance Department (Revenue & Recovery). Failure to provide proof of donation will result in Toss of deposit and may jeopardize future use of City facilities. 5. It is the policy of the City Council that volunteer and private resources will be used in lieu of City support for special events whenever possible. RELATED POLICY REFERENCES: City Council Policy # 704 - Limitation on City Approved Special Events Within the City City Council Policy # 801 — Field and Facility Rules and Regulations City Council Policy # 802 - Use of the City Mobile Stage and Equipment CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: April 17, 2007 Page 5 of 6 Attachment A NATIONAL CITY CO -SPONSORED EVENTS Event Title Non -Profit Organizer Salute to Navy N.C. Chamber of Commerce October Taste of National City N.C. Chamber of Commerce August Auto Heritage Days N.C. Chamber of Commerce August Chamber Installation Dinner N.C. Chamber of Commerce February Community Concert Band N.C. Community Concert Band Quarterly Series (up to 4 concerts Annually/ per event) July 4th Carnival Miss National City Pageant World Asthma Day Paradise Valley Hospital Relay for Life American Cancer Society Cinco de Mayo Fair R.O.T.C. Appreciation Sweetwater High School ROTC Filipino Parade and Fair Council of Philippine American Organizations (COPAO) National City Host Lions Club July Miss National City Pageant June/July May August S.D. Tijuana Boarder Initiative May December June CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: April 17, 2007 ATTACHMENT B NATIONAL CITY SPONSORED EVENTS Event Title City Department Chili & Salsa Cook -off Library Pepper Park Summer Concert Community Services Veteran's Day Memorial Community Services Memorial Day Event Community Services International Fair & Parade Community Services National Night Out Against Crime Police, Community Services, FFA Public Safety Fair Police, Fire, Community Services Page 6 61.6 September September November May July August October CITY OF NATION AI. c1'1 Y City of National City, California COUNCIL AGENDA STATEMENT 20 MEETING DATE April 17, 2007 AGENDA ITEM NO. ITEM TITLE A resolution by the City Council of the City of National City to approve an amendment in the amount of $14,700 to the existing MAXIMUS fee study contract. This fee study is designed to adjust the City's Fee Schedule to recover cost of service provided by our staff. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION On July 10, 2006, an agreement between the City and MAXIMUS Corp. was created to conduct a fee study. This scope of work was designed to adjust the current fees for Recreation, Police, Fire, Engineering, and Building Depts for the amount of $22,000. The fees were last revised in 2005. On January 9th-11t 2007, MAXIMUS met with the City to analyze the current fee schedule. Due to concerns raised by various departments regarding full cost recovery, MAXIMUS' scope of work needed to expand. MAXIMUS has determined that an additional $14,700 is needed to sufficiently complete the study in accordance with the expanded scope. This amendment will now include an analysis of the Finance Department, who were not included in the July 2006 agreement, and the Engineering Department, who have a broader scope of requirements. It is recommended that City Council approve a resolution for the amendment to the fee study contract with MAXIMUS in the total amount of $36,700. Environmental Review X N/A Financial Statement Approved By: jar - The fee schedule is designed to recover the cost associated with the study Finance Directoh itself. Acct. #001-409-000-213-000 has been designated to pay for this expenditure. Account No. STAFF RECOMMENDATION Approve the resolution. ,' 1 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) MAXIMUS proposal, timeframe Exsisting agreement Resolution Nb. A-200 (� ) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MAXIMUS WHEREAS, the CITY desires to employ a Contractor to provide an update to the cost of services/user fees analysis performed in 2004; and WHEREAS, the CITY has determined that the MAXIMUS is a corporation and is qualified by experience and ability to perform the services desired by the CITY, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City and Maximus to provide an update to the cost of services/user fees analysis performed in 2004. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of April, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MAXIMUS THIS AGREEMENT is entered into this 10th day of July, 2006, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the MAXIMUS, a corporation (the "CONTRACTOR'). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide an update to the cost of services/user fees analysis performed in 2004. WHEREAS, the CITY has determined that the CONTRACTOR is a corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES, The CONTRACTOR will perform services as set forth in the attached Exhibit "1". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "1" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a Revised April 2005 corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION(. Kathleen Trees hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Manfred G. Endres thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "1"shall not exceed the schedule given in Exhibit "1" (the Base amount) without prior written authorization from the Project Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. j,ENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "2". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned aver to the CITY upon completion of the Project, or any phase thereof. as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 Revised April 2065 1 The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. Alt agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and 3 Rev,sed Apnl 2005 J 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. MENSES. 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 CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, 4 Revised April 2005 layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fautt of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality, or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND lIOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the 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 CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said 5 Revised April 2005 acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCg. 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 $ 2,000,000 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 CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a 'claims made" rather than "occurrence" form, the 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 Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A-VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17 LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or 6 Revised April 2005 dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey'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. Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attomey'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 bome 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, Califomia, in accordance with the Commercial Arbitration • Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. 7 Revised April 2005 E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by ovemight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Kathleen Trees City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Manfred G. Endres, Sr. Vice President MAXIMUS 17310 Red Hill Ave., Suite 340 Irvine, CA 92614 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY 8 Revised April 2005 of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ 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 CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire 9 Reused AoN 2005 City Attorney agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: MAXIMUS (Corporation — signatures or two corporate officers) (Partnership — one sign • ; _) (Sole propri ; orship — o By: Chris .: - a, ity Manager (Na ' e V‘cC. (3Q) (Tide) APPROVED AS TO FORM: 7.1ar George H. tiser, III (Name) V/ c t r cie-n± (Title) 10 Revised April 2005 S. Attachment: Scope of Services - Ms. Kathleen Trees Building Official City of National City 1243 National City Blvd. National City, CA 91950 Dear Kathleen, February 13, 2006 This responds to your request for an update of the user fee analysis delivered to the City last year. As I understand the current situation, several of the previous (City) participants are no longer with your organization, and the new personnel wish to re-evaluate earlier assumptions, and add new fees. Many of our clients request periodic updating of the fee analysis. There are two primary options, with several intervening alternatives: r. Financial Overlay— This is the simplest, and least costly option. In this update, we re-enter the current financial Information (salaries, expenses) and make minor time -to -complete changes. i Full Re-evaluation — At the other end of the spectrum, this option heads back close to "ground zero." We examine the entire analysis for (1) time and process shifts, and (2) organizational shifts. In this option we re - interview staff to gain updated insight into current workloads, new fee opportunities, and anticipated future actions. My assumption is that you are interested in the Full Re-evaluation option. Frankly, I think it is a cost-effective decision because the potential to enhance the original model's findings far outweighs the study fee. We find (in both cost plan and user fee studies) that there is a significant improvement from the first analysis to the second study. In the interim, staff has had a chance to better reflect on originally provided information, they see areas for improvement, and the impact of the study's outcomes is clearer. Subsequent updates show less dramatic increases. An additional case for the proposed option is that since we completed your study, we have rolled out a new user fee computer model that provides for increased management information. The previous model captured time data at the 'Yee" level, i.e. we asked staff how much time was spent on, for example, a site plan review. Out new model is structured on an activity based costing platform...in which we capture the "processes" that make up the fee. A bottom line costs is still produced, but our clients can now see the individual components of the fee activity. It provides a "target of opportunity" to see where improvements might be made, although it is by no means an EXHIBIT 1 operations improvement study. Appendix A provides an overview of the new methodology, which we call "Process Ana/ytics". The original study included both a cost plan and fee analysis onthe building, planning, engineering, police, and recreation programs and totaled $48,000. We do not believe it is necessary to re -do the cost plan, unless you believe it to be appropriate. We can increase the allocations by the city's most recent salary/benefit MOU agreements. Please let me know if this scope meets your requirements. I can, of course modify any component to achieve the City's goals. Hopefully, we can reach agreement quickly. We should be beginning the City of Chula Vista's Building Department NEXUS analysis shortly, and an economy of travel time could reduce overall costs/expense for all concerned. Manfred Endres, our Regional Sr. Vice President, will be sending you a signed copy of this proposal. Contracting should be quite simple this time. Very truly yours, Richard Pearl Manager, Client Services Manfred Endres Senior Vice President APPENDIX A MAXIMUS ACTIVITY BASED COSTING MANAGEMENT MODEL - PROCESS ANAL YTICS When requesting a user fee study, clients typically think in terms of the consultant providing a listing of the full cost of the jurisdiction's current and potential fee -for -service activities. MAXIMUS believes our clients benefit from a better understanding of the cost components of each fee or activity. To this end, we have designed an analytical model (Process Anaiytics) based on the principles of Activity Based Costing. In effect, "Level 1" gives the client the fee data; "Level 2" provides insight as to why costs are what they are, and highlights targets of opportunity for business process re -engineering. An example of the activity information is displayed below: 35% 30% I..._ 25% 10% 5% ■ Non -Specific Activity ■ Intake and Processing o Initial Review ■ Detaied Review IN Follow-up Questions ■ Documentation ■ Notification at Fling and Archiving At its core, ABC seeks to know what activities, products, and services really cost, and understand what drives that cost. With this knowledge, the organization is in a better position to deliver services faster, cheaper, and more effectively. /.1 in a highly collaborative work session, MAXIMUS will work with staff and leadership to identify and define those work processes that produce City services. The list is individualized to each client, although we can provide general guidelines from other studies. As an example, for the Planning Division, MAXIMUS consultants will facilitate a process that identifies mission critical processes and then define those processes by the activities and tasks that support them. One recent project resulted In the following partial list of planning processes: Pimahq Department Processes Activity / Ddlaltioo Pre application review Application Intake Application Review Environmental Coinpliance Development Review Committee Maintain Legal Documents Plan Check (both residential and commercial) A formal a4eatitrg CVd t"t61Cj lr eji ate. Soi idt invelralr eadeasive discussion beyonanotenel pubgaiiirortnaiion the oorintei or over the phone. Receive application; enter into database; assign to a planner, create application file. Review for completeness; zoning calculations; initial design review; site visit; prepare findings ngon, rotting plans. &Wale and attend managed meeting prepare conditions of approval; prepare and mail letters; close file. Respond to public inquiries via phone, counter, e-mail associated with a particular project. Determine if exempt; prepare initial study; send to responsible agencies; complete Negative Declaration; filing documents with City recorder. Development review conunittee meetings and design review, set agendas, write and transmit minutes. 'Update zoning ordnance; condition of approval maintenance; zoning !interpretations; legal updates; prepare, print and maintain zoning and general 'Man rumps; annual Planning Commission Report. !Review jmtiieat inplan.check; follow up on- conditions of approval; site visit 'for penje tfind; ttview legal ttgtoeme is (CC&R's development P agreemenU). Staff will be asked to identify times not to the individual fee, but to each activity within each fee (examples above) that will build to a fee total. While this may seem somewhat extreme and an onerous time burden on staff, we have found that the approach — by more effectively defining service times at a more detailed level — actually saves time overall. The reason is that we develop better initial information which shortens the number of review and fine-tuning iterations. The intemal balancing routines within the Process Analytics model correlate total time spent to the number of units produced, and compares that total against a known available number of productive hours. In the end, we arrive at rock -solid times-to-complete/total cost that balances with known staff resources. An example of an individual fee is shown below: I Li Condilinithstreratit Ck ld to liiate'r, 244 Application Intake S 41 Pre application review $ 82 Application Processing $ 165 Application Review S 165 Development Review Committee S 494 Zoning Administrator Meeting $ 329 Public Interaction S 165 County Board Meetings & appeals S - General Administration S 60 Public Counter S 388 GIS $ 53 EPC Maintenance $ 36 General Plan & Data Maintenance S 90 Maintain Legal Documents S 26 In addition to the activity costs, we can also assign additional coding - attnbutes - to each activity. Attributes are specific characteristics of an activity. Attribute examples include: mission critical, regulatory required, value added, non -value added, administrative. Examples of the output available are shown below: Activity Definition ■ Intake and Processing (b) Initial Review (b) o Detaled Review (a) 10 Folow-up Questions (a) ■ Documentation ■ Final Review • Notification 1 Attribute Analysis • Adninistratiw • Agency Mandates Melon Critical Non Value Added&tG If, for example, an activity that has significant cost displays low value added (from the client's perspective), and is not mission critical or regulatory required, it is a logical candidate for business process re - engineering. In summary, Process Analytics will provide City staff not only with a fee table and projected revenue, but a significantly improved understanding of the cost and rationale of the activities underlying each fee. EXHIBIT 2 The Contractor will complete the work in 3 months from the "Notice to Proceed". Revised April 2005 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Delia, CMC - City Clerk (619) 338-4228 Fax: (819) 338-4229 August 11,2006 Manfred G. Endres, Sr. Vice President Maximus 17130 Red Hill Avenue, Suite 340 Irvine, CA 92614 Project: National City — Update to cost of services/user fees analysis contract. Dear Mr. Endres: On July 10th, 2006 the City of National City and Maximus entered into an Agreement to update the cost of services/user fees analysis performed in 2004. We are pleased to enclose one fully executed original contract for your records. Should you have any questions, please contact the Building and Safety Department at (619) 336-4210. Michael R. Della City Clerk MRD Enclosure cc: Building and Safety File C2004-1 ® Rcruird Paper City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, III . City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: City Clerk FROM: City Attorney SUBJECT: Transmittal of Agreement with Maximus DATE: August 3, 2006 Transmitted herewith are two original agreements with Maximus to perform an updated user fee analysis. Please keep one original in your files, and transmit one original to Maximus at the address shown on page 8 of the agreement. This agreement is within the signature authority of the City Manager, and accordingly, there is no resolution authorizing the agreement. GEORGE R. EISER, III City Attorney GI IE/gmo Attachments cc: Assistant City Manager Acting Director of Building and Safety ® Recycled Paper MAXIMUS HELPING GOVERN.AVIFNT SERVE TIIE PF_OPLE March 8, 2007 Mr. Joe Olson Building Department .City of National City 1743 National City Boulevard National City, CA 91950-4301 Re: Proposal for Enhance the Citywide User Fee Study Update Dear Mr. Olson: Upon initiation of our update to the 2004 User Fee Study, we developed some issues, concerns, and requests that we did not anticipate when we wrote our lJpdate. Proposal in January, 2006. While we ordinarily expect some level of change between the time of our proposal and the time that a project commences, in this case, we experienced a significant number of issues that need to he resolved. When we discovered these concerns, we brought Them to your attention, and you agreed that they merit further consideration. Among those concerns arc: • The Finance Department was not included in the 2004 study, but would like to be added to the current study. While we anticipate only a few fees in the Finance Department, in order to add them to the Citywide study, we will need to develop a base model for that department. • Many of the departments that were included in the 2004 study are requesting far more changes to their tee schedules than we would have anticipated. We were expecting the addition or deletion of perhaps a coupie of iees within each department. Instead, some departments are adding a dozen or more fees. • The Engineering Deparment has indicated that it will he creating an entirely new fee schedule, without much resLInblance to the one created in 2004. In order to meet the Fn ineering Department's expectations, we will likel', need to develop an entirely new has(' morsel for Engineering.', as if we did not prepare a ice schedule for the.m in 2004. • Some dcp: rtnlenk have undcn'onc ;i r,lticant statiim2. changes since 2004..chiclt requires a reco nsldera!lon or '.ci1iCli srr.lf :ire :i :;i ned to each Cee acllylty. an:.1 the matching ot those \tail io the Ct111C111 Cn1s a35OCla1ei: '%alit their time and er!oils. • The Finance. I)cpartmelll doe., not s,'.t`Ill i.. ha', e ;!aa'-cla1 data readily. a'v-allalitc :111 the le\.el of k:t:id req 1L:.ed 1,4 II.,, i,e <;ua. I in's.ill need to be'.yorlsin!! more. P'.. 11.`. n_,1 :IE_ ;.Ar!:.UIi �.b closely with Finance than we originally planned to obtain appropriate expenditure and revenue. information. At present, we have a contract with the City to update the 2004 study for $22,000. In addition, we have a contract with the Community Development Commission (CDC) to add them to the study for an additional $9,400. (Please note that we are still awaiting receipt of the executed contract for the CDC.) The relative difference in cost between the Citywide update and the addition of the CDC is that the update was to include only minor adjustments to the fee schedule, and the assumption that staffing and financial information needed only to be updated for current budget figures. The cost of adding the CDC was in essence the cost of developing a new model for them with a medium sized fee schedule. We certainly appreciate the continued customer loyalty that the City of National City has shown to MAXIMUS, and for that reason, we have attempted to absorb as many of the unexpected costs related to this study as possible. However, the magnitude of the changes and the difficulty we are experiencin<_e in obtaining financial information has caused us to consider an amendment to our agreement. Ater careful consideration, we are proposing to include new schedules for the Finance and Engineering Departments, plus the addition of all fees already requesting by other departments, and the additional research required with the Finance Department to obtain revenue and expenditure budgetary information needed for the study —all for an additional $14,700. Please let me know whether you would like for MAXIMUS to proceed with the study update as it is presently configured, or whether you would like to add the items requested by your departments for an additional $14,700. Thank you again, Joe, for working with us on this Fee Study update. On behalf of MAXIMUS, we look forward io our next on -site visit. Sincerely, Brian A. Foster, Senior Manager MAXIMUS Financial Services Division '1320 Auburn Boulevard, Suite 2000 Phone: (916) 485-8102, ext. 105 Fax: (916)485-0111 !, nuril: brianfoster(a niaximus.com I arts ?I MAXIMUS MAXIMUS HELPING GOVERNMENT SERVE THE PEOPLE • April 10, 2007 Mr. Joe Olson Building Department City of National City 1243 National City Boulevard National City, CA 91950-4301 Re: Timing of User Fee Shtdies Dear Mr. Olson: Thank you, Joe, for calling me today about your concerns related to the User Fee Study's project completion date. We are committed along with you to bringing this project to a swift completion. Upon approval of the revised contract. we are prepared to bring additional resources to this project and complete it within a two -month time frame, given the City's firm commitment to produce accurate data and perform timely reviews of our draft documents. Along those lines, we will add Greta Davis, a Manager in our Irvine, California office, to this project. With Greta's additional support, 1 am confident that we will bring our project to a quick conclusion. Our pricing for this project remains the same, we will simply complete the assignments in a shorter period of time. Once you have the amended City contract and the executed Community Development Commission contract, please forward them to me as soon as possible so that we may complete our fieldwork. Sincerely, Brian A. Foster, Senior Manager MAXIMUS Financial Services Division 4320 Auburn Boulevard, Suite 2000 Sacramento, CA 95841-4154 Cell (.510) 432-6367 Office: (916) 4S5-8102. ext. 305 Fax: (916) 4R5-011 1 E-mail: hrianfoctcr'amax irnus.com a LL MEETING DATE April 17, 2007 City of National City, California COUNCIL AGENDA STATEMENT 21 AGENDA ITEM NO. (TEM TITLE RESOLUTION NO. 2007- : CONSENTING TO AND CALLING FOR A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ON THE PROPOSED 2007 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT, EXTENDING THE EMINENT DOMAIN TIME LIMIT OF THE PLAN IN THE EXISTING PROJECT AREA, REVISING EXHIBIT D TO EXCLUDE ALL RESIDENTIAL LAND USES, REVISING THE TRANSPORTATION CENTER SECTION AND REVISING EXHIBIT C — PUBLIC FACILITIES AND INFRASTRUCTURE. PREPARED BY , DEPARTMENT Patricia Beard, Re evelopment Manager Community Development Commission (axt 42551 EXPLANATION CDC staff is undertaking the necessary steps to present and prepare the 2007 Amendment, extending CDC's authority to acquire property through eminent domain authority over certain commercial and industrial zoned properties, as identified in Exhibit 2, in the National City Redevelopment Project Area until 2019, a period of twelve (12) years from the effective date of the 2007 Amendment. The CDC seeks to reach an accord with all property owners on the purchase of any property. Eminent domain as a tool for acquiring real property shall be used by the CDC only as a last resort. The 2007 Amendment excludes properties that are being used for residential purposes. Previously only single family homes were excluded. Environmental Review Analysis per CEQA is being prepared and will be submitted to the City Council and CDC prior to the joint public hearing. Financial Statement The estimated cost of mailing the public notice to all residents, property and business owners within the National City Redevelopment Project Area ("Project Area") is $7,500. STAFF RECOMMENDATION 1) Approve Resolution No. 2007- consenting to and calling for a joint public hearing with the Community Development Commission of the City of National City on the proposed 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project ("2007 Amendment"). 2) Direct staff to prepare and publish public notice of the Joint Public Hearing. I. ATTACHMENTS 1. Background Report 2. Map Resolution No. A-200 (9/80) Background Report CDC staff is undertaking the necessary steps to present and prepare the 2007 Amendment, extending CDC's authority to acquire property through eminent domain authority over certain commercial and industrial zoned properties, as identified in Exhibit 1A, in the National City Redevelopment Project Area until 2019, a period of twelve (12) years from the effective date of the 2007 Amendment. The CDC seeks to reach an accord with all property owners on the purchase of any property. Eminent domain as a tool for acquiring real property shall be used by the CDC only as a last resort. The 2007 Amendment excludes properties that are being used for residential purposes. The 2007 Amendment also includes the addition and modification of redevelopment plan text as it pertains to redevelopment actions and uses permitted in the project area. As proposed the amendment would add a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445. The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. It would also revise Exhibit C — Public Facilities/Infrastructure Improvement Projects. Pursuant to Sections 33348 and 33360 of the California Community Redevelopment Law ("CRL"), the City Council and CDC must hold a public hearing prior to the adoption of the Amendment to hear all testimony for and against the proposed 2007 Amendment. CRL (Sections 33355 and 33458) provides that when a city council serves as the goveming board of the community development commission/redevelopment agency, both bodies may hold a joint public hearing to receive testimony on a redevelopment plan amendment. Further, the CRL stipulates: that the notice of the joint public hearing be published in a newspaper of general circulation not less than once a week for three (3) successive weeks prior to the hearing; that it be mailed to all affected taxing agencies via certified mail, return receipt requested; and that it be mailed to all affected property owners, businesses, and residents at least 30 days prior to the hearing via first-class mail. The attached resolution provides for City Council consent to hold a joint public hearing; the hearing is scheduled for the City Council/CDC regular meeting on Tuesday, June 19, 2007, at 6:00 p.m. in the City Council Chambers. RESOLUTION NO. 2007._ RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY CALLING FOR A JOINT PUBLIC HEARING WITH THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ON THE PROPOSED 2007 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT, EXTENDING THE EMINENT DOMAIN TIME LIMIT OF THE PLAN IN THE EXISTING PROJECT AREA, REVISING EXHIBIT D TO EXCLUDE ALL RESIDENTIAL USES, REVISING THE TRANSPORTATION CENTER SECTION AND REVISING EXHIBIT C — PUBLIC FACILITIES AND INFRASTRUCTURE WHEREAS, on July 18, 1995, pursuant to Ordinance No. 95-2095, the City Council of the City of National City ("City Council") did duly pass and adopt a Redevelopment Plan for the National City Redevelopment Project (the "Plan"); and, WHEREAS, on June 19, 2001, pursuant to Ordinance No. 2001-2187, the City Council amended the Plan; and WHEREAS, the Community Development Commission of the City of National City ("CDC") has formulated an additional amendment to the Plan ("2007 Amendment"); and, WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Sections 33000 et seq., a joint public hearing on the 2007 Amendment may be held with the consent of the City Council and CDC. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes and consents to holding a joint public hearing with the City Council on Tuesday, June 19, 2007 at 6:00 p.m., or as soon as possible thereafter, for the purpose of considering the proposed 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project, extending the eminent domain time limit of the plan in the existing project area, revising Exhibit D to exclude all residential uses, revising the Transportation Center section and revising Exhibit C — Public Facilities and Infrastructure, and directs staff to give notice of the joint public hearing in the form and manner required by the California Community Redevelopment Law. PASSED AND ADOPTED this 17th day of April 2007. Ron Morrison, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, HI City Attorney EXHIBIT IA r,i1-111 IS 4iiiralle'.7; hill I 1111,a1.11. ...”,.."•70111......11 111,111 011141i? .1t. Log 2.1,1 mown!! ittli lit, - •-•=-= 11111'1..110 MI EIIIIIII @MEM MIME 613ffinill EIME111 IIIIEBill ... E,EM1 es ••••,..:•1,7.11111111 i..::111111 III • 11112 =:•=.101 ..... •.•.. t1111111,.11 '101111 National City Redevelopment Project - Parcels Subject to the 2007 Amendment CMProject Area Boundary 1111 2007 Amendment Area 1:=1 Municipal Boundary Sour,-e: National City Planning City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 17, 2007 AGENDA ITEM NO. 22 ITEM TITLE Notice of Decision —Planned Development Permit to Construct a Single-family Residence on a Lot Containing an Existing Residence at 2901 Leonard Street. Applicant: Roy Di Stefano, Case File No. PD- 2006-4 PREPARED BY Peggy Chapin, 336-4319 DEPARTMENT Planning EXPLANATION The project is located along the north side of Leonard Street, east of Granger Avenue, within the Residential Single Family zone (RS-3-PD). The 12,200 square -foot parcel fronts on Leonard Street with the unimproved 24t6 street bordering the rear of the property. The site is currently developed with a 1,724 square -foot, two-story single- family residence, carport. and a detached 278-square foot workshop/laundry room. The applicant proposes to construct a second residence at the rear of the property and retain the existing residence. The RS-3 zone provides for two residences to be located on an existing lot provided a minimum of 5,000 square feet is available for each residence. The proposed development would result in a density of 7.1 units per acre, whereas the General Plan permits 8.7 dwellings units per acre. The proposed 5,352 square -foot two-story residence would be comprised of a three -car garage, workshop, and gym on the first floor and six bedrooms, four bathrooms, living room, dining room and kitchen on the second floor. Design elements, such as arched windows, rock facade, and varying wall planes, have been incorporated in the architectural treatment of the residence complying with the City's Design Guidelines. Removal of carport attached to the existing residence would be required to provide access to the proposed residence. An additional three -car carport would be constructed in front of the existing residence to meet the required parking standards. 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. Although they had some concerns regarding the size and bulk of the proposed stricture, the Planning Commission approved the project on April 2, 2007. 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 the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the project on April 2, 2(x)7. Ayes — Alvarado, Baca, Carrillo, De LaPaz, Flores, Pruitt Nayes: Reynolds ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution 19-2007 3. Applicant's flans 2. Location Map A-2n° (9'99) RESOLUTION NO. 19-2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR A NEW SINGLE FAMILY RESIDENCE ON A 12,200 SQUARE FOC)T PARCEL WITII AN EXISTING HOME AT 2901 LEONARD STREET APPLICANT: ROY DI-STEFANO CASE FILE NO. PD-2006-4, APN 564-071-09 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application to construct a 5,352 square foot residence and three -car garage on a 12,200 square foot lot 2901 Leonard Street, at a duly advertised public hearing held on April 2, 2007 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. PD-2006-4, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to he 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 April 2, 2007, support the following findings: 1. The site for the proposed use is adequate in size and shape, since the 12,200 square loot parcel can accommodate a second single-family residence, required covered and uncovered parking, and complies with required setbacks. 2. The proposed density of 7.1 dwelling units per acre is consistent with the maximum residential density allowed by the General Plan for the RS-3-PD Zone of 8.7 dwelling units per acre. 3. The site has sufficient access to a public street that is adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the addition of one single-family home will result in an insignificant increase of Average Daily Trips (AIYI') over the previous use and access from the unpaved 24th Street will be restricted from use until such time that the street is improved. 4. The proposed use will not have an adverse effect upon adjacent or abutting properties, since the required setbacks and building height will be met, and since required off-street parking will be provided. 5. Th' nrarosed use is deemed essential pid desirable since it results in the creation of an additional quality residential opportunity in an area identified by the Combined General Plan/Zoning Map which allows two residential units for an existing legal lot provided a minimum of 5,000 square feet is provided for each residence. BE IT FURTHER RESOLVED that the application for Planned Development Permit to construct a 5,532 square -foot single-family residence on a 12,200 square -foot lot with an existing home at 290] Leonard Street is approved subject to the following conditions: 1. This Planned Development Permit, PD-2006-4, authorizes the development of an approximately 5,352 square -toot singlc-family residence and three -car attached garage at the rear of the lot at 2901 Leonard Street. All plans submitted for permits associated with the project shall conform to Exhibit A Revised, Case File No. PD-2006-4, dated 3/28/07. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 3. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted prior to issuance of building permits for review and approval by the Planning Director. The landscape plan shall indicate a minimum of two 15- gallon street trees, trees, shrubs, and ground cover for all areas that are disturbed as a result of the development and shall reflect the use of drought tolerant planting and water conserving irrigation devices. The plan shall indicate the areas necessary for driveway access to the new residence, adequate backup space and for the new parking spaces and carport in front of the existing residence. All other areas not required for driveway parking shall he removed and landscaping and irrigation provided. 4. Any electrical and plumbing attached to the accessory structure that does not comply with current building codes shall be removed and appropriate huilding permits shall be obtained prior to issuance of the new residence. 5. The applicant shall provide a minimum 20' wide driveway to the proposed residence. All areas not required for the driveway at the front yard and between the two residential units shall be removed and landscaping and irrigation shall be installed prior to building permit issuance. 6. The rear gate bordering the unimproved 24th Street shall be secured to restrict any access until such time that 24th Street has been improved to a public street. The applicant may request from the Engineering Department to use 24'h Street for access during construction providing appropriate measures are in place to control erosion and silt runoff and the access is not blocked for emergency vehicles. 7. The land Use Code requires fur parking spaces for the proposed residence and one covered and one uncovered spaces for the existing residence. The applicant wilI remove the existing carport and deck prior to issuance of a building permit for the new residence to accommodate a driveway to the new residence. Two parking spaces, one covered, located a minimum of 20 feet from the front property line will serve as replacement parking spaces for the existing residence. The new residence will be served by a three car garage and one uncovered space within the front yard. All parking spaces required for this development shall be located a minimum of 20' from the front property line, to the satisfaction of the Planning Director. 8. The building plans shall indicate at a minimum a one car covered carport for the existing residence to replace the carport being removed. The carport shall be constructed of similar materials and color to match the existing residence and shall be located at minimum of 20' from the front property line. The carport shall be completed prior to the issuance of the certificate of occupancy for the new residence. 9. 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. 10. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall he prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 11. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to he 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. 12. 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. 13. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 14. A sewer permit will he required for the new residence. 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. 15. A 5-tbot street right-of-way shall be dedicated to the City on Leonard Street. 16..E permit shall be obtained from the rr.gireering Deparment 'br all improvement work within the public right-of-way, and any grading constnuction on private property. 17. Street improvements shall be in accordance with City Standards. 18. A title report shall be submitted to the Engineering Department, after Planning Commission approval, for review of all existing easements and the ownership at the property. 19. 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. 20. The applicant shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements arc needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 21. Separate water and sewer laterals shall he provided to each residence. 22. Project is to he 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. Fire access is required. Access roadway minimum size requirements are 20-feet minimum width with a vertical clearance of 13-feet six -inches. If the roadway is 150-feet or greater. an approved turnaround will be required. If an access roadway cannot he provided then an approved automatic tire sprinkler system may be substituted. 23. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 24. As stated in City Resolution 1491, the owner will he required to remove and replace any broken street improvements, such as curb and gutter. sidewalk. and driveway aprons, as determined by the Engineering Department. 25. The owner will be required to secure the gate thcing the alley. All access to the proposed residence will be provided from Leonard Street. 26. 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. 27. Project to he designed, developed and constructed in compliance with the California Hire Code (CFC) 2001 edition or CF(_' in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National (Vito. 28. Minimum required fire Clow will be 2,000 gpm measured at 20 psi residual pressure with a two hour Clow duration. 29. Fire Department access will be required. Access roadway to be of all weather construction with a minimum clear width of 20 feet and minitnutn clear vertical height of 13 feet 6 inches. 30. It is highly recommend that this structure have a fully automatic fire sprinkler system installed. With the installation of a fire sprinkler system minimum fire flow requirements will be reduced to 1,000 gpin measured at 20 psi residual pressure with minimum 2 hour flow duration. 31. The address of the proposed home must be clearly visible from the street, per approval from the National City Fire Department. 32. Exterior walls of freestanding fences/ 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 he removed within 24 hours of its observance. 33. Before this Planned Development 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 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 Iirector prior to recordation. 34. Approval of the Planned Development Pennit expires one (1) year 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. RE If FURTIiF.R 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 2, 2007, by the following vote: AYES: Carrillo, Alvarado, Baca, Pruitt, Flores, DeLaPaz NAYS: Reynolds ABSENT: ARS FAIN: CI IAIRWOIvIAN niiMMONMIN Granger Junior High School CP c\ \ `� Tom\ , 1,,\ \� �„ 4 \ \ \ r CP IC -OS N 24°1 2421 Ts)0\ --- 2435 \ cfl ▪ - • -- \ IQ 1 \ 244E N �\ ter..) \, N ``� `% 24 N `\ \ \ \ 'A�56\,%' , C 2464 2466 \ ZONE BOUNDARY — — — - PROJECT LOCATION 1 I CITY BOUNDARY LOCATION MAP Planned Development Permit for a new single-family residence on a lot with an existing residence at 2901 Leonard Street PD-2006-4 NATIONAL CITY PLANNING DRN. DATE: 3/21/07 INITIAL HEARING: 4/02/07 +.w nirur a-+r r� GiQ'rr f. V?. rut as 711•.1: .,ram. r,.:• PROPOSED NEW SINGLE FAMILY RESIDENCE 200.00 Pt ,1 MIMI/001Y I ACAP SHOP arsEOFr C9f]IE rE :1FCv: Yar' _ woo rs h,.ea V :Yo-- RIf{ p 200.0# Pt (be STG YMIAp na IMIOUPID.E F,MMY R icI 114,rrw '•1q1 ROOM WON War 'r[(In'MtA,)• 14 491II0 MI I 96NY16 sma•—• .0 Jae E1131.14 "JAPONT 51D1q t 70 is PLOT GRADING AND IRRIGATION PLAN SY,M1, .. 1S1taLrow K maim w.• 9.7g4-7 PL,61 r i• .• , it t E 0 A R. 0 to GYM & GAME ROOM 3 C;AR GARAGE D ►- E F A N 0' S R E S 1 D E N C E .,,_.,_. ARCHITECTURE RESIDENTIAL PLANING AND DESIGN (858) 205-8872 Camown Srwawa a. fMIPM LP MSC `w, 304-071-w-05 stJc •104 w.s 0. ISO J • eadrocm4/•1 c( ;.. t B.ao_ cwnu2 ._ ._ Sla!rcase tita;�ter Bedreo1 .r Bedroorn g5 ' L Oedrocrr 744 Bedroom t;alcci; - I cv 2 FLOOR PLAN ARCHITECTURE P.ESIDENU IAL PIAAit::i AND DESIGN (e58) 20S-+Ni72 b., 1Vo.Pr, ..IO..:,.. ..a..:, ,:3•. .x �a♦-, .wry vie D I- S T E F . A N 0' S R E S I D E N E ARCHITECTURE RESIDENTIAL PLANING AND DESIGN (858) 205.8872 iw..iowo r. wines m+ :WOW t) .2x iD r, 176 .VIL$ MI(l �OJ W: N Y.3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 17, 2007 AGENDA ITEM NO. 23 ITEM TITLE TEMPORARY USE PERMIT — National City Public Library's 21st Annual Chili & Salsa Cook -Off at 1401 National City Blvd. on May 19, 2007 from 10 a.m. to 3 p.m. This is a National City sponsored event. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the National City Public Library to conduct the 21st Annual Chili & Salsa Cook -Off event at 1401 National City Blvd. on May 19, 2007, from 10 a.m. to 3 p.m. This event will include approximately 25 food booths, musical entertainment, children's crafts, activity booths, and a book giveaway. The event organizers request the use of the full City stage system. The event is a National City Sponsored event per City Council Policy #804. Therefore, the applicant is eligible for a waiver of fees. 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 $1,512.52 for Public works. Total Fees: $1,857.52. Account No. STAFF RECOMMENDATION Approve the Application for a 'Temporary Use Permit subject to compliance with all conditions of approval with a waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolutidh No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/991 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Public Library EVENT: 21° Annual Chili & Salsa Cook Off DATE OF EVENT: May 19, 2007 TIME OF EVENT: 10 a.m. to 3 p.m. APPRQVALS1 PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ 1 SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] 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 [ J SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ J SEE CONDITIONS [ ] POLICE YES [ x ] NO [ SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ J SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: POLICE: (619) 336-4400 In the Crowd Controlilntemal Security plan portion of this TUP application, the applicant wrote "The Senior Volunteer Patrol will be present." The Senior Volunteer Patrol does not confront people, perform crowd control, or otherwise take enforcement action. The Senior Volunteer Patrol mayh call for assistance using the police radio; however, they should not be relied upon as the sole source of security. This would place the safety of the projected 4000 persons at this event in jeopardy; and it would also put the seniors in positions that they are not trained for and may not physically be able to handle. The Senior Volunteer Patrol can supplement sworn police officers; however, they should not he a substitute for them. The applicant should coordinate with the following persons fib details of their respective security plans: 1. Lt. Keith Fifield, I)ay Watch Patrol Commander, (619) 336-4514. 2. 1.t. Randy Triviz, Night Watch Patrol Commander, (619) 336-4481. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1. Fire access to be maintained at all times. 2. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). 3. 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. 4. 40-BC fire extinguishers are required in all cooking areas, one for every three booths. One 2A:10BC Fire extinguisher to be located in clear view and accessible for even 10 canopies or portion thereof, with a minimum of one 2A:10BC fire extinguisher to be located on the stage. 5. If charcoal is to he used a metal can with lid is to be provided for the disposal of hot coals. Metal container to be clearly labeled, "HOT COALS ONLY" ENGINEERING No CIP Projects in the event's vicinities anticipated as of event. However, please confine with Engineering 1 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more infonnation, please contact Kenneth Fernandez at 619-336-4388. FINANCE (619) 336-4330 Chamber of Commerce must submit list of all vendors and all vendors must have a National City Business License 1. A Business License is required IF monies arc solicited, admittance charged or food, beverages or merchandise is sold. "1'he 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. A list of all participating vendors (with their address, phone number and current National City business license number) is to he provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 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 Street Division 1. Staff will deliver barricades to the parking lot prior to the event. 1'he applicant shall install these barricades and remove them to a safe location at the conclusion of the event. Staff will pick them up on the following workday. 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: a. "No Parking" signs20 @ $ 0.45ea b. Barricades 4 @ $ 0.35ea c. Equipment/Truck Hours 1 @ $ 12.07 d. Man Hours 2 @ $ 32.57 per hour e. Total Costs _ $ 9.00 1.40 12.07 65.14 $ 87.61 This amount should be paid to the City, unless waived by the City Council. Parks Division 1. The cost to provide two park maintenance personnel for this event is estimated to be $1,024.65 for overtime Setup 4 hrs @ $93.15 per hour =$ 372.60 Breakdown 4 hrs @ $93.15 per hour - 372.60 Cleanup 3 hrs @ $93.15 per hour = 279.45 Total $1,024.65 2. The City stage will he provided by Public Works. 3. The City P.A. system will be provided by Public Works. 4. The event organizational meeting will he held by the sponsor. 5. Organization will provide nighttime security Facilities Division: 1. Facilities will have one custodian and the electrician available. The electrician will do the electrical setups and monitoring, along with helping the custodian do event setups and general housekeeping. 2. Cost of labor overtime for 2 men is as follows: • 1 custodian 9 hours (w $22.26 per hour - $ 200.34 • 1 tradesman 6 hours @ $33.32 per hour _ 199.92 • Total $ 400.26 Fees Unless waived by the ('ity Council, the applicant shall pay $1,512.52 for staff costs associated with this permit request. phis cost was estimated as follows: Street Division: Park Division: Facilities Division: 'total: $ 87.61 (ale #001-422-221-102) $ 1,024.65 (a/c # 105-442-000-102) S 400.26 (aic 4626-422-223-102) $1,512_52 RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held entirely on City property at the National City Public Library, with set up to commence the day before. Since the City is the applicant sponsoring organization, no insurance needs to he provided by it. I would ask that if there are any commercial or for -profit vendors at thc event, that staff request that they provide evidence of Commercial General Liability insurance with limits of at least one million dollars ($1,000,000) per occurrence and that the City be named as an additional insured pursuant to a separate endorsement. Do we know how many other non-profit vendors will be selling or providing food and drinks? How many will be cooking at the event? Depending on the number, the City may wish to purchase an event -specific policy from its special events insurer. On the whole, however, this is a relatively low -risk event. Given thc proximity to the Police Station, as well as Fire Station 34, it is probably not necessary to have on site medical personnel; however it would be good to have a first aid kit available. Will there he a designated first aid station? Given that this is a chili and salsa cook off, staff needs to be reminded that only licensed medical personnel may dispense any form of medication, including aspirin or antacids! Otherwise, I have no objection to the TIP. Type of Event: _ Public Concert Parade _ Motion Picture _ Festival / Community Event _ Circus _ Block Party _ Grand Opening _ Other Event rttle:.Z1 st As kuak UAL (i i 3alfet took- off Event Location: 1 4O( Itils+-+ o a..t C B(Jd (N ) Event Date(s): From 59(V4 D / to 5/w /Of Total Anticipated Attendance: 4000 Mont /DaylYear (400 Participants) (3 O Spectators) Fair Demonstration Actual Event Hours: 10 ®/pm to _ am/e) Setup/assembly/construction Date: SI(8%Start time: I ZpM Please describe the scope of your setup/assembly work (specific details): Tab%e5 CI CALL S r i(uu0FiK r Fab tt "zu3e w ( Sowad Stii'tem sua oQ[tLAv.. Dismantle Date: 5/Iq 107 Completion Time: 5 am® 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. t4 (Nu — Sponsoring Organization: Na.-I1tW a Rib( 1G L..Abrarti For Profit /� X. Not -for -Profit Chief Officer of Organization (Name) La/I A-19 bRA.1 Applicant (Name):` _&a.wL44 f Address: NO( 4t. i61i4. B(vd. 00,4►Qtl i t j+i1 CI . Q (qS0 Daytime Phone: (619) 446- 5860 Evening t t Phone: ((---.) Fax: ((0(9) r'{-10 - 5868 SContact Person "on site" day of the event: t�,ttda� 4L�N� / &.iCD Or 4-¢ra. Pager/Cellular. (D(q - 507 - 05 ?-i 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? YES _ NO Are admission, entry, vendor or participant fees required? ,, YES _ NO If YES, please explain the purpose and provide amount(s): -To assfsf in Itttafriy o.Mr tech of -titre, eat $ 350.0 0 Estimated Gross Receipts induding ticket, product and sponsorship sales from this event. $ (O00 .00 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. Xeculii5 d -r.t 621F) book 910e , si K,t of at i. 4 1 t\loli swd cdtor- . Dic+rrck fug. 0.10 , food t a& Ckt: dia cra.4 5 AMd. u.tfhvi•ly booths. YES NO If the event involves the sale of cars, will the cars come exclusively from N(h National City car dealers? If NO, list any additional dealers involved in the sale: 2 V V V V V V V V YES X. NO Does the event involve the sale or use of alcoholic beverages? Z( YES _ NO Will items or services be sold at the event? If yes, please describe: 'rood 14*.w ts> i 'Urn- prtA+5 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. 4 YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies .is Sizes 101 X. l D4 NOTE: A separate Fire Department permit is required for tents or canopies. X. YES _ NO WO 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: Y 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: FYtlwn -171.bitc touted (LIMA( ` tr ca.►tiop 6tic . If you intend to cook food in the event area please specify the method: - GAS ELECTRIC CHARCOAL OTHER (Specify): rrb{ 4*e. ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the AA ..— 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 4/so b , r t 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: 10 Describe your plan for clean-up and removal of waste and garbage during and after the event: ral�G� as.*5 4 di-4-411,5 Please describe your procedures for both Crowd Control and Internal Security: 1-6 cellar( Niesttizr-tuf tual 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: Severity 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: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Cal. phi/ht. `ib Please describe your Accessibility Plan for access at your event by individuals with disabilities: ` U bVav1 GO9Ati4 Wi 74 Aa %v aJ ' Please provide a detailed description of your PARKING Ian. 4tv h yy Fa4A(. ,4 cyst a a •� `{�a� rt bat �'i �,t � s Please describe your plan for DISABLED PARKING: PidAktd- Gr rx,re.c, .,(13 04,44 dcsiId /Tabs fv+ 1 4. 4 Please describe your plans to notify all residents, businesses and churches impacted by the ehenitortU c. nA+ (cack, 4o be. ""Kaw`it-d F-)-ttiis Pear -iM 444 _a...4r. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled In the Cfty 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: ( Number of Bands: `x' Type of Music: 54. G YES NO Will sound amplification be used? If YES, please indicate: Start time: I O am/pm Finish Time 3 am/pm , YES — NO MI sound checks be conducted prior to the event? It YES, please indicate: Start time: a elypm Finish Time I O ar pm Please describe the sound equipment that will be used for your event: P rk5 IkQtcOU-4..41 st{S442-w' _ YES 4 NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: A YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Tf o4-+ers 1?t 44 Kam. Revised 08/10/05 5 Event: For Office e '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 bhice 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? 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 (`a4-"--1>cn3 \Ac 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) 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: X No (P lease sign the form and submit it with the TUP Application) Signature 9 C)7 Date City of National City, California COUNCIL AGENDA STATEMENT 24 MEETING DATE April 17, 2007 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT -- Philippine Fair & Parade at Kimball Park on June 9, 200-- from 8 a.m. to 6 p.m. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a one -day event that begins with a parade that includes marching bands, floats, elected officials from San Diego County, and the Los Angeles Philippine Consulate. On site will be over 80 information and food booths, as well as cultural presentations and a ribbon cutting ceremony. The Parade route assembles at the Wal-Mart lot on E. 12th St., proceeds east to Highland, north on Highland Ave, west on E. Plaza Blvd., turns south onto D Ave. and ends at the Kimball Park south lot adjacent the Boys and Girls Club. The applicant is requesting the use of the full City Stage. City Council Policy requires Council approval for the use of the stage. This event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,500.00. Environmental Review X N/A Financial Statement Approved By: The City has incurred $345.00 for processing the MP, plus $449.00 for the Fire Permit(s), 8,822.40 for Police (estimated), and $5,300.44 for Public Works. The co-sponsorship credit is ($1,500.00). Total cost: $13,416.84. Account No. Finance Director STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval including use of the City Stage. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. J A-200 (c;99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: CoPAO EVENT: Philippine Fair & Parade DATE OF EVENT: June 9, 2007 TIME OF EVENT: 8 a.m. to 6 p.m. APPROVAL 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 ] CITY ATTORNEY YES [ x J NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: POLICE (619) 336-4400 This would require at least ten officers to man the listed locations along the parade route. Ten officers for a minimum of four hours would be a minimum of 40 hours of overtime expended. At an overtime rate of $55.14 per hour for police officer overtime, the estimated cost is $2205.60. This is for traffic related duties only. Also, this year's event has an anticipated 5000 participants with live entertainment. Using the concept of 2 officers per thousand persons, this would require at least 10 officers (8 officers and 2 supervisors) to police Kimball Park. These officers will need one hour before and one hour after the event for briefing and dosing purposes. This equals 10 officers for 12 hours (total of 120 hours). Using the overtime rate of 555.14 per hour for police overtime, the estimated cost is $6,616.80 The total for this event would be $8.822.40 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. Please note that the Wa1-Mart parking lot is private property. Any arrangements should be made with Wal-Mart's management regarding usage of their parking facilities. FIRE (619) 336-4550 1. Fire access to be maintained at all times, minimum width of 20' with a minimum vertical clearance of 13'6". 2. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). Within the surrounding area of the event. 3. 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 he obtained. Permit fees arc $349.00. Fees can only be waived by the City Council. 4. Parade participants to move immediately to the right upon approach of emergency vehicles operation emergency warring devises. 5. 2A:10BC fire extinguishers required. Fire extinguisher Locations to me plainly marked, and not to exceed a travel distance of fifty (75) feet. 6. Provide metal cans with lids labeled "HOT COALS ONLY" for those that bar-b-que. 7. 40BC or Type K fire extinguisher required in cooking areas where oil and or grease is used or generated. 8. No parked vehicles or internal combustion engines (generator) are to be placed within 20 feet of the tent/canopy. 9. Required inspections taking place, after hours, holidays, and tiveekends will be assessed a minimum of one hundred (100) dollars. 10. Total fee amount for all Fire Department permits: $449.00. Fees can only be waived by City Council. FINANCE (6l9) 336-43 30 A list of all participating vendors (with their address, phone number and current National ('itv business license number) is to he provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. CITY ATTORNEY 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 I've reviewed the application for the proposed use and note that the event will be held primarily on City property at Kimball Park; however numerous City • streets, including portions of Highland Avenue, E. Plaza Blvd. and D Avenue will be closed from 8:00 a.m. to 12:00 noon. The applicant sponsoring organization, Council of Philippine American Organizations of San Diego County, Inc., has signed the Hold Harmless and Indemnification Agreement; however no insurance certificate has been provided. For this event, we should require commercial general liability coverage with minimum limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000.) aggregate. In addition, because floats will be part of the parade and trucks or other vehicles will be used to transport materials for the stages and canopies which will be erected, commercial auto coverage with limits of at least one million dollars ($1,000,000.), combined single limits, must be provided. The auto coverage must include the designation for "any auto", i.c. owned, non -owned and hired. Further, the City of National City, its elected officials, officers, employees and agents must be named as additional insureds on both the CCU. and auto policies pursuant to separate endorsements which need to he provided, along with the certificate (acord form) prior to the event. If the organizer does not have insurance, we may be able to procure the coverage through a special events program and hill the organizer but I would prefer to request it from the sponsoring organization first. Let me know if you have any questions. 3 PUBLIC WORKS (619) 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 $2,106.16. This amount should be paid to the City, unless waived by the City Council. Parks Division 1 Council Policy #704 limits to one event every six weeks to allow the lawn to rejuvenate. We have three events scheduled in May, June and July. The event organizers shall provide nighttime security for the park and the City equipment for the duration of the event. 3. The event organizers shall provide a trash dumpster for the event. 4. The event organizers shall provide 10 portable toilets. 5. The cost to provide park maintenance personnel for this event is estimated to be $3,027.54. • Set up • Break down • Event hours • Total cost for event 4 hours @ $232.88 per hour — $931.52 4 hours @ $232.88 per hour — $931.52 25 man hours @ $46.58 per hour = $1,164.50 $ 3,027.54 6. A permit is required for the Astrojump for this event. The permit can be obtained at the Community Services Department. Facilities Division 1. Facilities to provide up to 300 chairs, dropped off at Kimball Park on June 9'h at 8 a.m. and picked up at 8:30 p.m. 2. Cost of labor overtime for 2 men for 6 hours is as follows: • 1 custodian • 1 tradesman 3 hours @ $22.26 per hour = $66.78 3 hours @ $33.32 per hour - $99.96 • "Total cost for event $166.74 3. The event organizers shall provide security for chairs left out at night. 4. The cost to provide Faciliies personnel is $166.74 Fees 11nless waived by the City Council, the applicant shall pay S5,300.41 for staff costs associated with this permit request. Type of Event: Public Concert x Parade Motion Picture x Fair Demonstration Grand Opening _ Festival _ Community Event Circus _ Block Party Other Event Title: Council of Philippine American Organizations Philippine Faire & Parade Event Location: Kimball Park Event Date(s): From _06-09- 07 to MmOIMNIVesar Total Anticipated Attendance: 5 , 00.0 ( 100. Participants) (annn Spectators) Actual Event Hours: 8 : 00. am/pm to 6 : 00 ;era/pm Setup/assembly/construction Date: 06-08-07 Starttime: 12:00 noon Please describe the scope of your setup/assembly work (specific details): Set-up and decorate vendor booths, stages and canopies. Receive trash dumpster, trash cans, porta potties and wash stations. Dismantle Date: 06-10.-07 Completion Time: 10:00 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. From Wal Mart parking lot (assembly) to north of Highland Avenue, west onto E. Plaza Blvd. turn south on D Avenue on Saturday, June 9, 2007 from 8:00 a.m. - 12:00 noon. Sponsoring Organization: Council of Philippine American OrganizatiFob Profit x Not -for -Profit Chief Officer of Organization (Name) Rita Buencamino Andrews Applicant(Name): Merly Ferrer Address- 832 1/2 "E" Avenue, National City, CA 91950 Daytime Phone: ( 61477-4090 Evening Phone: (611 606-6475 Fax: ( 61)) 477-6052 Cell (619) 606-6475 Contact Person "on site' day of the event: Merl y tie rrer Pager/Cellular. (619) 6 06 -6 /] 7 5 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS S Yahoo! Maps - National City, 91950 Page 1 of 1 Yahool MY_Yokaal Mal Make Yahool your home oaae 1011400, LO C A User? Sian UD k** ?ln,t Yahoo! Maps - National City, CA 91950 5€14.1Q 14011 * E 14th St At Highland Ave National City, CA 91950 Q, mop ryi\Qt Qb\ .7. ... .. • . • ' ••••• .• . .. . it;,1,0 • . " . r. • . ........................... .......... . .. ............... 1 ..... „‘„, ••:'..• • • . . . . . .. .. ....................... 7$04444-ii . • . " . • : 4 Sean* !die Wet. ' • . • ". . •:. : • , • ,,•• : • . • t.• . "P5`:?'''& , . . 1" .............. ' A'AN'M k • • .,•at) . •••• • •:•-• • •:.•.•• • •V-.7- : Vsoeo! tee • ' „ When using any dnving directions or map, it's a good idea to do a readily check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Maps Hornet t Copyright 2006 Yahoo! Inc. All rights reserved. Privacv Policy - Terms of Se_rvice - CooVright/IP policy - Yahoo! Maps Terms 9_f_V.,v2 - Help - Ad Feedback http://maps.yahoo com/pmaps?riarne=&ed---M72JPep_OTpmGr7OPvvUW6hoiNBU.Z63A... 3/17/2006 Attachment for the Council of Philippine American Organizations of San Diego County, Inc. (COPAO) Temporary Use Permit Application Overall Event Description: Please see attached map for the proposed parade route. Beginning at 8:00 a.m. on Saturday, June 9, 2007, parade participants will assemble at the Wal Mart parting lot on E. 12th Street. Parade participants will proceed onto the parade route north of Highland Avenue, head west onto E. Plaza Blvd., tum south on D Avenue and end at the Boys and Girls Club and Kimball Park south parking lot. Streets will be required to be closed for the parade from 8:00 a.m. - 12:00 noon on Saturday, June 9, 2007 will consist of: E. 12th Street, Highland Avenue, E. Plaza Blvd. and D Avenue. All side streets that lead into Highland Avenue to E. Plaza Blvd. and D Avenue. Residents, businesses and churches in the surrounding areas will be notified of this closure thru press releases in community newspapers, flyers and mailers. In addition, volunteers will distribute flyers in the community and walk door-to-door to provide notification of the event dates and street closure times two weeks before the event. Our logistics and parade coordinator will work closely with National City Police Department representative to ensure that a safe parade route will be intact for the expected participants and spectators of the parade. Is your organization a "Tax Exempt, nonprofit" organization? x YES _ NO Are admission, entry, vendor or participant fees required? x YES _ NO If YES, please explain the purpose and provide amount(s): Vendor fee to offset the expense for this event. $ 60,000 $ 60,000 $ -0- 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 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. On Saturday, June 9, the event will begin witha parade that will include marching bands, float, elected officials from San Diego County and the Los Angeles Philippine Consulate. Filipino -American associations will represent a variety of Filipino festivals featuring participants in color- ful attire during the parade and during cultural presentations throughout the program. There will be over 30.i.nformation, vendor and food booths on site. Immediately after the parade, there will be a ribbon cutting ceremony followed by a scholarship prFsentation and entertainment program _ YES X 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: 4 YES x NO Does the event involve the sale or use of alcoholic beverages? x YES _ NO Nil items or services be sold at the event? If yes, please describe: Cultural attire, wares and books. Fil Chino food. 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. x YES NO Does the event involve a fired venue site? If YES, attach a detailed site map showing all sheets impacted by the event. x YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 80 Sizes 10_ x .1(1 & 10. x 2(1 NOTE: A separate Fire Department permit is required for tents or canopies. x YES NO Will the event involve the use of the City stage or PA system? City- stage with extension. (--•11k`s'70,L %k' 1*) 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 Fond will he srrvari frnin an enclosed canopy and will follow San Di:egc County food handling rules. If you intend to cook food in the event area please specify the method: xx GAS x ELECTRIC x 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) • Tables and Chairs > Fencing, barriers and/or barricades Y 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 property dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be retumed to a clean condition.) Number of trash cans: :; 0 Trash containers with lids: will utilize I large b i n Describe your plan for clean-up and removal of waste and garbage dunng and after the event: Volunteers will assist in the cie-en-lui% du�"in(l dtu! r1f trr the P'�'Pllt If budget al lows, a clean-up crew a1il1 be contracted for thi s task, rD Vol d f %7 /syyt-�1 J I y~ (7 > id11Orn''3rvl C V N-9\ 3 T, -N\*7‘7)b , Sa �� ao3 ScVfl 3��if?1-b'l 1 O) X of v a2Y-11.1. 1 �1�\M i`y00$, r'ZV9 'li1�I c130'S �o S�OtS N 0 \yti.iS il-am3 s � �v�cren 02x01 No ub �.S 4 Q1b P` 1S?11j J 3-Dvs.s 5,1ss3�a N1bvv N 17171 te t-ti.o o JV�U.b�-�p�,N� --6oaN3A 01-8nd --s- .3a1 -A-dss rtvzyivnv a / W-v\cir hdoNa'J (76X01- Ft1Do$ Co Q.3 a004 t1roQ, aoo1 ¥ S V CM "Pant T. vno( 1csr3 L oc Please describe your procedures for both Crowd Control and Internal Security: Vo 1 u ntee rs will assist in crowd control. Local law enforcement agencies will also be asked to participate in the event. _ 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 iltuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. RN's and medical doctors from the Philippine Nurse's Association and Pilipino Doctors Association will provide staff & equipment in a First Aid Station. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Parking for individuals wi11 be designated on the south side of the venue. In addition, vendors will make necessary accommodations to serve this clientele. Please provide a detailed description of your PARKING plan: Off street parking surrounding the venue on 12t.h, 14th Streets & D Avenue is for the public. VIP parking will be at Morgan Towers. Disability parking will be south be south of the venue near Pnvs & Girls Club. Vendor narking Please describe your plan for DISABLED PARKING: will be designated on the: aest s ide of the venue near National Citv's City Hall. it Please describe your plans to notify all residents, businesses and churches impacted by the event Notification will be through press releases in community papers. Mailers and flyers will be distributed by volunteers 2 weeks before the event. Flyers will be dropped cff door to door by volunteers. 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: 2 Number of Bands: IBA Type of Music: Folk, Pop and R&B. x YES , NO WII sound amplification be used? If YES, please indicate: Start time: 10 : 00 am. th Finish Time 5:00 yarn/pm x YES NO WII sound checks be conducted prior to the event? If YES, please indicate: Start time: 9 : 3 0 amPtibi Finish Time 10. c GO arnYptta Please describe the sound equipment that will be used for your event: Amplifier, speEkers, mixer, mi.c _ YES x NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Bt.nnErs on major streets & intersections to indicate event location. Siynage on vendor booths and stage. Revised 08/10/05 For Office 'Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6_ 12 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 Council of Philippine American Organizations of San Diego County, Inc. Person in Champ of Activity Merl v Ferre.r Address 832 1/2 "E" Avenue, National City, CA 93950 Telephone (619.) 606-6475 (cel l) Date(s) of Use 06-09-07 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 attomeys 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. Sigature of licant i Executive Vic President Official Title Date For Office Use Only Certificate of Insurance Approved Date 1`1 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 Council of Philippi ne American Orya ni - zations of San Diego County, Inc. (COPAO) Type of Organization Community Service (non-profit) (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) x 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) /5 44, 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) Signature i Date City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 17, 2007 AGENDA ITEM NO. 25 ITEM TITLE TEMPORARY USE PERMIT — Lions Club Annual Independence Day Carnival/Internation Parade & Fair at Kimball Park from June 29, 2007 to July 4, 2007. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the National City Host Lions Club to conduct the 63rd Annual Independence Day Camival and International Parade & Fair at Kimball Park from June 29, 2007 to July 4, 2007. The carnival's hours are as follows: June 29, 5-11 p.m.; June 30 - July 1, 1-11 p.m.; July 2-3, 5 p.m. to 11 p.m.; July 4, 1 p.m. to 12 midnight. The parade occurs on June 30 from 6 p.m. to 8 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 June 30, 2006. The staging area will require a street closure on 14'h St. and Highland, running west to 12th St. and onto A Ave. The parade will disperse in the parking lot. This event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,500.00. However, since this is a five day long City -sponsored event, it may be appropriate to consider a $1500/day or $7,500 reduction. This is not covered in City Council Policy #804, so we request direction from council. Environmental Review X N/A Financial Statement Approved By: The City has incurred $345.00 for processing the TUP, plus $1147.00 for the Fire Permits, Finance Director $50.00 for Finance (not including $2500.00 Bond), $11,752.97 for Public Works, and 15,597.67 for Police (estimated). The Co -Sponsor fee credit is ($1,500.00). Account No. Total Fees are estimated at $27,392.64. STAFF RECOMMENDATION Approve the Application for a Temporary Use Pe with no waiver of tees. (e/d-- BOARD / COMMISSION RECOMMENDATION N/A t 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 iJ 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 CarnivaUlnt'l Parade & Fair DATE OF EVENT: June 29, 2007 to July 4, 2007 TIME OF EVENT: June 29, 5-11 p.m. June 30 - July 1, 1-11 p.m. July 2-3, 5-11 p.m. July 4, 1 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 [ 1 SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x FIRE YES [ x ] NO [ ] SEE CONDITIONS 1 x POLICE YES [ x ] NO [ J SEE CONDITIONS [ x BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x j CITY ATTORNEY YES [ x ] NO I 1 SEE CONDITIONS [ x CONDITIONS OF APPROVAL: POLK;L (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. Last year's expenses for police services totaled $12,1 15.54. However, this year, there is an extra day attached. The highest cost day was billed at $3,479.13. So, in adding these two figures to accommodate the extra day this year, the total for this event would be: $15,597.67. CITY Al I ORNEY 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 he determined by the Risk Manager. 1 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 he 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 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 he 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 vehicic(s). Vehicles in the parade are to pull immediately to the right upon approach of emergency vchicle(s). 14. Required inspections taking place, alter hours, holidays, and weekends will he assessed a minimum of one hundred (100) dollars. 15. Total fee amount for all Fire Dept. permits: S1,147.00. Fees can only be waived by City ( 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 he provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. ENGINEERING No C.I.P. Projects in the event's vicinity anticipated as ofdate. 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. 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. 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 he notified no less than 72 hours prior to the start of the set-up activities for the event. 3 RISK MANAGER (619) 336-4300 I've reviewed the application for the proposed use and note that the event will be held primarily on City property at Kimball Park; however a portion of D Avenue will be closed from 8:00 am on 6/25 through 10:00 am on 7/5, a substantial period of time. In addition, numerous streets will be impacted by the parade. The applicant sponsoring organization, National City Host Lions Club, has NOT YET signed the Hold Harmless and Indemnification Agreement; importantly, no insurance certificate(s) have been provided. For an event of this magnitude, involving carnival rides and fireworks as well as night time exposures, we should require commercial general liability coverage with minimum Iimits of two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000.) aggregate. In addition, because of the parade and the fact that trucks or other vehicles will he used to transport materials for the stages and canopies which will be erected, commercial auto coverage with limits of at least two million dollars ($2,000,000.), combined single limits, must be provided. The auto coverage must include the designation for "any auto", i.e. owned, non -owned and hired. Further, the City of National City, its elected officials, officers, employees and agents must be named as additional insureds on both the CGL and auto policies pursuant to separate endorsements which need to be provided, along with the certificate (acord form) prior to the event. Finally, the organizer must ensure that the fireworks technician is licensed and certified and able to provide liability insurance with Iimits of at least five million dollars ($5,000,000.) per occurrence. [I may increase these limits to $10M depending on what we've requested in the pasta Again, the City must be named as an additional insured pursuant to an endorsement. I also think the first aid/paramedic coverage is light. The TUP only indicates the presence of AMR during the parade. What about during the course of the fair, while the rides are operational? Will there be a first aid station set up and staffed on site? If the organizer does not have insurance, we may he able to procure the coverage, excluding the fireworks, through a special events program and hill the organizer but I would prefer to request it from the sponsoring organization first. Let me know if you have any questions. I do have a number of concerns re the application as presently filled out. `�i 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. Staff will install banners on poles over National City Blvd in the 1800 Block. Light standard banners will be installed and removed by the contractor hired by event coordinators. 4. The cost to provide Street personnel support for this event is estimated to be $623.71. This amount should he paid to the City, unless waived by ('ity Council. Parks Division 1. Council Policy #704 limits to one event every six weeks to allow the lawn to rejuvenate. We have an event scheduled in May and June. 2. The event organizers shall provide nighttime security for the park and City equipment for the duration of the event. 3. The event organizers shall provide a trash dumpster for the event. 4. The event organizers shall provide 16 portable toilets. 5. The cost to provide park maintenance personnel for this event is estimated to he $9,425.76. • Set Up 4 hours @ $155.25 per hour $621.00 • Breakdown 4 hours @ $155.25 per hour—S621.00 • Event hours 172 man hours @ $46.58 per hour $8011.76 • Total cost for event $9,253.76 This amount should be paid to the City, unless waived by the City Council 6. A permit is required for the Astrojump for this event. The applicant should obtain the permit through the Community Services Department. Facilities Maintenance Division: 1. Facilities to provide utilities services for booths (electricity, gas, water and sewer). Cost is estimated to he $ 1 ,875.50. Total Fees for Public Works are $1 1,752.97. 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 63`d Annual Independence Day Carnival Event Location: Kimball Par* Event Date(s): From 6/29/07 to 7/4/07 Total Anticipated Attendance: 15,000 MouthiDay/Y.n: (1,000 Participants) (14,000 Spectators) Actual Event flours: Fri 6-29, from 5pm to ilpm Sat 6-30, 1pm to llpm Sun 7-1, from 1pm to llpm Mon 7-2, 5pm to ilpm Tue 7-3, from 5pm to ilpm Wed 7-4, 1pm to 12pm Setup/assembly/construction Date: 6/25/06, 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 12th Street to the entrance to the park parking lot, Closure will be from 8:00am June 25th to 10:00 July 5t . 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 2aa Street, National City, CA 91950 cell:(619)306-2911 Day:(619)477-5532 Res: (619)474-4483 Fan: E-mail: jrkirkus(?cox. net Contac: Person cite- day of the _vent: John Kirk c:: 1: (619) 306-2911 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS -i- 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 deli booths, rent is free to $300.00 amount(s): Venders rent kitchen and $35,000.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $35,000.00 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 components of your event such as the use of vehicles, animals, rides pertinent information about the event.. regarding any or any other 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 'i EE; No it the event involves the _mile of Fars, will the cars come r:xoln- s_vely from Natioria? City ::a: dealer,::? if NO, list any ,..iditina: dealers involved in the sale: 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? Tf yes, please describe: Carnival rides & games and food booths _ YES XX 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 30 Sizes 8' X 12' i 15' x 15' NOTE: A separate Fire Department permit is required for tents or canopies. XX 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 Beet (arden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Food booths will be run by local non-profit organizations, i.e. churches, youth and civic organizations and service clubs Tf you intend to cook food in the event area please specify the method: XX GAS F.T.ECTRIC XX CHARCOAL OTHER (Spe-'.ify): Portable and/or Permanent Toilet cilities Number of porLaLle 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„ harriers andjor Larricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffo:ding, bleachers, platforms, stages, grandstands or related >truct•.l:es Vehicles and/or trailers Other related event ,omponents not covered a)::ove Trash containers .nd di:mnsrers (Note: You crust property dispose of waste and garbage thiough•.-:,ut the term of y•_wr event aryl immediately 'pen •-r;ncius.or. of :.he .,veer he area mu;L be IP•_.Ilrned 7:c a clean cr•lii_lit.ion.) i:u:n:;cr of trash cans: 20 'trash coatanert: with '.ids: .,•-_:r°.be your [:1 a:i eiean-'up and removdi of waste and garLage eur_iiy 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. 9 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 Processional 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 mad,, 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 Accessi.,iiit.y Plan for access 4t 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 descri.,tLon of ypur P :iKIN; plan: We will utilize existing street and nearby public parking lots. Ole -:se Describe your plan for fISAPiE0 PAP KING: We will utilize the handicap parking spaces at the towers and the public parking lots. PARKING PLAN/MITIGATION OF IMPACT Please describe your plans to notify all residents, businesses end churches impacted by the event: Notification letters will be sent to all businesses and residents in the park area. 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? It 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? 11 YES, please indicate: Start time: 10: 0O_ am Finish Time _6: 00 pm YES XX NO Will sound checks he conducted prior Lc Lhe event? 1t YES, please XX YES indicate: Start time: am/pm r'ini_t: Time am/pm Please describe the sound equipment that will be used !or your event: City owned stage, with city and private sound systems NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: Independence Day fire works on the 4th of July starting at 9:00pm for about 20 minutes, one of the best fire works in the county!! XX YES NO Any signs, banners, decorations, spca: '_ lighting? IL YES, please desc.rihe: Carnival area and booths will be decorated in a patriotic manner. We may employ street banners and/or light standard banners in our advertising campaign. ,,i b/ 10; 05 3 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnelare 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 311 East 2nd Street, National City/ CA 91950 Telephone _ (619) 474-4483 Cell: (619) 306-2911 nat.e(s) of Use HOLD HARMLESS AGREEMENT As a condi:.ic:n of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnity aid hold harmless Lhe City of National City and the Packing A'.:thority and its officers, employee_ and agents trom 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 cos_c of litigation, arising out of or related to the use of public proper"'y or the activity taken under the permit by Lhe permittee or its agents, employees or contractors. Signature of Applicant Event Chairperson 3t`ic.al Title Lat e )rfl':e :%se Only .. 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 tees, please complete Lhe 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 t.o 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 proceed; _ the sponsoring organization? XXX Yes (Please proceed t.o Question 4) No (Please sign tha form and submit it with the TUP Application) 4. Wil1 the proceeds provide a dizrct f'nancai 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 pzceed to Question 5) (3 S. 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) 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: i'c::ds were nse,:i lo: XXX No (P lease sign the form and submit it with ;.he TUP Application) sigcature Dato EVENT INFORMATION Type of Event: _ Public Concert _ Fair Festival _ Community Event XX Parade Demonstration Circus Block Party Motion Picture Grand Opening Other Event Title: National City International Parade and Fair Event Location: The parade 7.i.11 stage at the parking at 14`h G Highland. The parade will run from Highland & 14 west on 14th to 12th to A Ave. into the park parking lot and disperse. Trophies will be given out at the War Memorial Bowl. Event Date(s): From 6/30/07 to 6/30/07 Total Anticipated Attendance: 3,000 Month/nay/Year (1,000 Participants) (2,000 Spectators) Actual Event. hours: Parade will run from 6:00pm to 8:00pm Setup/assembly/construction Date: 6/30/07 Start time: 4:00pm Please describe the scope of your setup/assembly wnrk Set-up announcer booths, We will use the stage as setup by the carnival Dismantle Date: 6/30/07 Completion Time: 10:OOpm List any sr.reet(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 be using the city approved parade route on 14" and 12"' to A Ave. We may need to close F Ave from 14th to 156" depending on the number of floats in the parade. The closing of streets will occur about 2 hours prior to the parade and be reopened as soon as practical after the parade APPLICANT AND SPONSORING ORGANIZATION INFORMATION Sponsoring Organization: National City Host Lions Club For Profit XX Not -for -Profit Chief officer of Organization (Name) Ce::ilia Kirk Applicant (Name): John Kirk AddrF:ss: 311 East 2'a Street, National City, CA 91950 .:el1: (619)306-2911 Day: (619)477-5532 kcr.: (619)474-4483 Fa:;: (619)474-5006 Contact. Person 'on sire" day of the event: John Kirk mail: 7rkirkus?cox. net I'ag ri':el_::] r: (619) 306-2911 NOT?:.: THIS i'L• i<.;;i)N :-1 i 12:E TN ATTF.NGPY:CE Fnp TIIF: N.:P '.TTO? (i!•' '1'Hi :'.VENT AND I RMEM \ e EL': .`:V.. i TA' -F. .(',_ i FEES/PROCEEDS/REPORTING Is your organization a "Tax Exempt, ncuprotit" organization? XX YES _ NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES XX NO $20,000.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $35,000.00 Estimated Expenses for this event. -$15,000.00 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 and the National City Host Lions Club will spon- sor the annual National City Parade on Saturday June 30 2007. The parade will stage at the parking lot at 14th & Highland. The parade will run from Highland & 14 west on 14th to 12th to A Ave. into the park parking lot and disperse. The parade will start at 6:00pm. and run until 8:00pm. The parade will consist of celebrities, marching units, bands, floats, service clubs and just plain people. XX :ES NO if the event involves the sale of car_, will the cars come exclu- sively from National CiLy cal dealers? I1 NO, list any additional dealers involved in the sale: National City Mile of cars will be invited to display vehicles in the parade lG OVERALL EVENT DESCRIPTION CONTINUED YES XX NO Does the event involve the sale or use of alcoholic beverages? YES XX NO Will items or services be sold at the event? If yes, please describe: N/A XX 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 XX NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES XX NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. XX 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-ip 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 wi`1 be served at the event: Food booths will be run by local non-profit organizations, i.e. churches, youth and civic organizations and service clubs, set up at the carnival It you intend to cook rood in the event area piease specify the method: ELECTRIC CHARCOAL _ OTHER i pecifyl: ^.-- Lortabe and/or Permanent Toilet Facilities Number of portable toilets: We will use the ones sot up for the carnival (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 barricade ' Generator Locations and/or source e! electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures ' Scaffolding, bleathers, platforms, stages, grandstander or related structures Vehicles did/or trailers Other ceiae( event corponents not orered above Trash contairers and durcpsters (Note: You rust pLpe:-ly dispose of waste and garbage throughout he term cf your event and imrediately upo;) conclusion of the event the, area rust he ret.ur.n d to a clear. co:tdi:.io::.: `lumber .L t._-.';h cans: -i) 'rash containers with lids: Desc:„ r�.- :Jan _t_ :or _1e:::1-_.Irremoval:removal of ::as.' .....d arcade :!•i_ir.a anti ....'.ci ovrsot: A 40 c/y dru¢pster 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. 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. _ YES XX 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: 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: using existing street and park lighting Please indicate what. arrangement you have made for providing First Aid Staffing and Equipment. AMR will have an ambulance with paramedics at announcer station #2 during the parade. 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 Picase provide .i detailed description cf your PARKING plan: We will utilize existing street and nearby public parking lots. Pease deacr.be your plan for .^.ISAR:.ED PARKING: We will utilize the handicap parking spaces at the towers and the public parking lots. 18 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 CiLy parks. ENTERTAINMENT/ATTRACTIONS AND RELATED EVENT ACTIVITIES XX YES NO Are there any musical entertainment features related to your event? I1 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 i4u6ic: Various XX YES NO Will sound amplification be used'? 1i YES, please indicate:— Start time: 6:00 pm Finish Time 8:00pm Ntojt time: am/pm Finish Time am/pm YES XX NO Wi11 sound checks he conducted prior to the event.? if YES, please : nd'c_I te: 'i ES XX NC XX YES ' 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 Fireworks, Lockets, or other pyrotechnics? If YES, p'ea:;c describe.: ?:I:y signs, hinters, decorations, special lighting? if YES, please aescrihe: We will employ street banners and/or light standard banners in our advertising campaign. tc7 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 National City Host Lions Club Person in Charge of Activity John Kirk Address 311 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 cf the issuance of a temporary use peim_t to Conduct its i .. _es cn public or private properly, the undersigned hereby agree(s) to defend, indemnify and hold harmless Lhe City of National City and the Parking Authclity and its officers, employees and agents from and against any and all claims, demands, costs, lossea, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the csosts cf litigation, arising out of or related to the use of public property or Lhe activity taken under the permit by the permittee or its agents, employees or contractors. tiignature of App1_car.t Even t Chairperson el f icia) Ti t e ,ate P.r office fare 4.11111111111111 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. Wi11 the event generate net income or proceeds t. the sponsoring oryanization? XXX Yes (Please proceed to Question 4) No (Please sign Lhe 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 delaiis. XXX 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. 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) Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDfG) funding? Yes Year funds were received: Funds were used to: XXX No (Please sign the form and submit it with the TOP Applicat. ion) :;rgnature J City of National City, California COUNCIL AGENDA STATEMENT 26 MEETING DATE April 17, 2007 AGENDA ITEM NO. ITEM TITLE REPORT ON REGULATION OF CELLULAR ANTENNA FACILITIES PREPARED BY George H. Eiser, III (Ext. 4221) DEPARTMENT City Attorney fcp Roger G. Post (Ext. 4316) Planning EXPLANATION Please see attached memorandum. Environmental Review 4 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept and file report. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum A-200 (9i99) CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney Phone: (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 E-mail: Attorney@ci.national-city.ca.us TO: Mayor and City Council DATE: April 9, 2007 FROM: City Attorney SUBJECT: Regulation of Wireless Telecommunications (Cellular Antenna) Facilities INTRODUCTION At the April 3, 2007 City Council meeting, members of the City Council requested that staff provide information concerning 1) possible additional regulations to control wireless communications facilities, 2) the possibility of imposing a moratorium on new wireless communications facilities while additional regulations are being studied, 3) the ratio of wireless communication facilities in National City compared to other cities, and 4) the preparation of a map showing all wireless communication facilities in the City. This memorandum addresses the first two of these issues. A map showing the location of these facilities in National City, as well as information regarding the number of these facilities in National City compared to other cities, have been prepared by the Planning Department and are included as part of this agenda item. BACKGROUND Approximately 11 years ago, Congress passed the Telecommunications Act of 1996 (thc "TCA"). The stated intent of the TCA was "to promote competition and reduce regulations in order to secure lower prices and higher quality services for American Telecommunications consumers and encourage the rapid deployment of new telecommunications technologies." The TCA included a section expressly preempting State and local regulations that have the effect of prohibiting any telecommunications service. Section 253(a) of the TCA provides: § 253 Removal of Barriers to Entry (a) /n general No State of local statute or regulation, or other Stage or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications services. MORATORIUM ORDINANCE;. Section 253(a) was interpreted just last month in a Ninth Circuit Federal Court of Appeals decision entitled Sprint Telephone PCS, L.P. v. County of. Scan Diego, et al. At issue in the Sprint case was a challenge to an ordinance of the County of San Diego imposing a conditional use permit requirement for new wireless telecommunications facilities, Although the Wireless Telecommunications Facilities April 9, 2007 Page 2 ordinance clearly allowed such facilities if a CUP was granted, the court invalidated the ordinance on the bases that it was overly burdensome, and had the effect of prohibiting wireless communications services, in violation of Section 253(a). Based on the Sprint decision, it is my recommendation that a moratorium ordinance not be enacted. Although this is exactly the type of situation where a moratorium ordinance could be used beneficially, I am concerned that a moratorium on new wireless telecommunications facilities would be found to "prohibit or have the effect of prohibiting" such facilities in violation of Section 253(a). it is possible that the Sprint case could be reviewed by the United States Supreme Court, but this is a process that would take several years. For now, National City and other local governments must abide by this decision. ADDITIONAL REGULATIONS Although the Telecommunications Act does not allow local governments to prohibit telecommunications services, Section 332(c)(7) of the TCA expressly reserves the authority of local governments to make decisions, subject to certain (imitations, regarding the placement of wireless facilities. Section (c)(7) provides, in relevant part: (7) Preservations of local zoning authority. (A) General authority Except as provided in this paragraph, nothing in this chapter shall limit or affect the authority of a State of local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. (B) Limitations (i) The regulation of the placement, construction and modification of personal wireless service facilities by and State or local government or instrumentality thereof. (I) shall not unreasonably discriminate among providers offunciionally equivalent services; and (I1) shall not prohibit or have the effect of prohibiting the provisions of personal wireless services. Based on the authority of Section 332(c)(7), the City Attorney's Office will work with the Planning Department to explore possible additional regulations for wireless telecommunications facilities, such as the imposition of a minimum distance of such facilities to residences or a residential zone. CiEORGETI. RiSER, III City Attorney GIi1:'gnw /4c Roger Post Planning Director City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE5 April 17, 2007 AGENDA ITEM NO. 27 ( EM TITLE SCHEDULING FINANCE COMMITTEE REVIEW OF THE FISCAL YEAR 2007-0� ANNUAL BUDGET PREPARED BY Chris Zapata" 619/336-4240 DEPARTMENT City Manager EXPLANATION Staff is nearing completion of the Fiscal Year 2007-08 Annual Budget. It is appropriate for the City Council to schedule the date and time for the Finance Committee review. I am proposing either Tuesday, May 22 or Tuesday, May 29 at 6:00 PM in the Large Conference Room for the review. Environmental Review Financial Statement N/A V N/A Account No. STAFF RECOMMENDATION Council direction requested. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. None A-200 (9180) City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE April 17, 2007 AGENDA ITEM NO. 28 6-TEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO� THE PERIOD OF 03/17/07 THROUGH 04/04/07 OF $1,070,247 Margarita Garcia PREPARED BY Associate Accountant 619-336-4269 EXPLANATION See attached report. DEPARTMENT CDC— Finance Environmental Review ✓ N/A Approved bc: Financial Statement Tess Limfueco, Finance Director Total expenditures for the period of 03/17/07 THROUGH 04/04/07 amount to $1,070,247. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ! Listed Below ) Resolution No. Ratification of Expenditures for the period 03/17/07 through 04/04/07 A-200 i 9)80) PaTe ArgtitWOMA SPc LAW OFFICE OF DON DETLSCH PITNEY BOWFS PIIRCI1ASE POWER VERIZON WIRELESS AT SYSTEMS WEST, INC. CHRISTENSEN SCHWERDTFEGER CORPORATE EXPRESS INC FEDFX FEDEX GEOSYNTEC CONSULTANTS HARRIS & ASSOCIATES INTERNATIONAL COUNCIL OF SHOPPING CTRS JEFF X A'1 % ARCHITECTURE MCKENNA LONG & ALDRII)GE MORELAND & ASSOCIATES, INC. NATIONAL CONSTRUCTION RENTAI S NINYO & MOORE GEOT ECI(NICAL OPPER & VARCO LLP OVERLAND PACIFIC & CUTLER. INC' PORTILLO CONCRE:IE, INC. RICK ENGINEERING COMI'ANY ROSENOW SPEVA('EK GROUP INC. SAN DIEGO COUNTY RECORDER SKILLPATH SEMINARS STATE WATER RESOURCES CONTROL SWFFTWATER AUTHORITY CDBG COMMUNITY YOUTH ATHLETICS NUTRITION CALIFORNIA BAKING CO. CFNIRAI. MEAT & PROVISION MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL. SI IPPI .IFS, INC PRO EDGE KNIFE REED'S RESTAURANT EQUIP. SVC. SIERRA SPRINGS S YSCO SAN DIEGO WILLIAMS, RAY AIRGAS - WESI' AT&T/MC/ C'ALIFORNI A BAKING CO. CENTRAL MEAT & PROVISION MISSION INFORM SERVICE SYSCO SAN DIEGO AT SYSTEMS WEST, INC. DEPT OF ENVIRONMENTAL III -ACTH JOSEPH WF.BB FOODS MCGUIRE DISTRIBUTION PR(1•N(X;E KNIFE XEROX CORPORATION 2004 TAX ALLOCATION BONDS JEFF KAIZ ARCHITECTURE FOR MEETING OF APRIL 17, 2007 RATIFICATION OF EXPENDITURES FOR PERIOD: 03/17/07 - 04/04/07 Deuri, ion LEGAL SER VICES- EIENTSCHEL- POSTAGE RENTAL 1 AN & FEB 07 POSTAGE REFTIL TIIRU 02/25/07 CELL PHONE CHARGES INRII 3/23/07 ARMORED CAR SERVICES - NOV 2006 LEGAL SERVICES- PIIRPI-E COW - MAR07 OFFICE SUPPLIES- REDEV/EINANC'E TRANSPORTATION & DELIVERY SERVICES TRANSPORTATION & DELIVERY SERVICES PROFESSIONAL SERVICES- TILE COVE AT SD BAY - FEB 07 ENGINEERING SERVICES- FOODLAND - FEB07 MEMBERSHII' RENEWAL- B. RAULSTON ARCHITECTURAL SERVICES- OLI) LIBRARY LEGAL SERVICE, - 1..1. GIRARD FIN CONSULTING SERVICES- CHARGES L SMITH FENCE RENTAL- CLEVEI.AND AVE - MARCH 07 ENVIR CONSULTING SVC- 1820 G ST PARK VILLAGE/GENERAL- MAR 07 PROFESSIONAL SVC- PARK VILLAGE NC' STREE'I:SCAPE FOUNTAIN PLAZA PROF SERVICES - BAY MARINA DR - JAN 07 PROF}SSOONAI. SERVICES - FEB 07 RECORDING FEES FOR RECONVEYANCF. COMMUNICATION SKILLS SEMINAR ANNUAL FEE- STORM WATER PERMIT I ITR.ITIFS AT 500E PI.AZA BLVD SLTILTOTAI. - CDC: CDBG REIMB-CLAIM FOR FEB 2007 SUBTOTAL. -CDBG: BREAD I'URCI LASES MEAL' PURCHASE. MILK PURCHASE LINEN SERVICE MISC KITCHEN SUPPLIES KNIFE .SHAH PENING-IN VOJCEo62343 EQUIPMENT REPAIR WATER PURCHASE FOOD & CONSUMABLE EQUIP RIPALR• NUTRITION CNTR CONSUMABLE - HELIUM NCNP FAX RIII.TIERIJ 1/13/07 BREAD PURCHASE MEAT PURCHASE LINEN SERVICE FOOL) & CONS(/MAKES ARMORED CAR SERVICES - NOV 2006 FOOD FACLLIIY- MORGAN TOWERS CONSUMABLES MII.K PURCHASE KNIFE SFI ARPENING-IN VO(CE#58659 MACHINE TONER -NUTRITION CENTER SUBTOTAL. - NUTRITION: ARCHITECTURAL SERVICES- PLAYHOUSE SUBTOTAL - 2004 TAX ALLOCATION BONDS: Chk No Amount 16957 515,795.70 16959 700.00 16960 1,009.50 16962 1,394.89 16963 328.10 16964 1.419.34 16965 336.35 16967 251.66 16'%8 21.72 16969 498.76 16970 2,545.00 16971 100.00 16972 $652.00 16975 2,838.81 16976 5.369.63 16977 380.12 16978 7,300.00 16979 17,844.80 16980 1,250.00 16981 122,994.00 16983 723.47 16984 4.107,50 16985 170.00 16986 149.00 16987 711.00 16988 31.23 $188,922.58 16956 $1.666.67 $1,666.67 16942 S354.45 16943 1,364.76 16944 634.05 16945 91.50 16946 729.68 16947 40.00 16948 469.95 16949 3000 16950 2,814.59 16951 320.37 16952 20.52 16953 120.47 16954 45.00 16955 1,424.16 1695E 45.75 16961 1,454.88 16903 416,46 16966 380.00 16973 61,34 16974 293.45 16982 40.00 16989 45 00 $I 1,196_i8 16972 S10,61)000 $10,600.00 TOTAL - GENERAL FUND: $212,385.63 1 Payee FOR MEETING OF APRIL 17, 2007 RATIFICATION OF EXPENDITURES FOR PERIOD: 03/17/07 - 04/04/07 Description Chk No Amount HOUSING ASSISTANCE PAYMENTS PITNEY BOWES PURCHASE. POWER 111E GROVE AGENCY. INC. VERIZUN WIRELESS CORPORATE EXPRESS INC EQUIFAX CREDIT INFORMATION SERVICES (;MAC MORTGACGE NATIONAL CREDIT REPORTING STRATACOM TRAMMEI.L CROW COMPANY yAMILY SELF-SUFFICIENCY -FSS FERNANDEZ, ANGIE MANUAL PAYMENTS POSTAGE RENTAL JAN & FEB 07 POSTAGE REFILL THRIJ 02/25/07 SS # 10 WINDOW ENVELOPES - lob 11CNC-3008 CELL PHONE CHARGES THRU 3/23/07 OFFICE SUPPLIES - S8 CREDIT REPORTS FOR S8 APP & PARTICB'AN7:S S8 OFFICE RENTAL APRIL 2007 S8 BACKGROUND CHECK FOR TENANTS - DEC 06 SS CUSTOM WINDOW ENVELOPES S8 OFFICE IF.ASFJ OPERATING EXPENSES. SUBTOTAL - SECTION 8: FSS ESCROW PARTIAL DISRI IRSEMENT SUBTOTAI- - FSS TOTAL - SECTION 8 FIND: ADMOUSlitithIgligAjatiNalithil PAYROLL PPE 03/12/2007 PAYROLL PPE 03/26/2007 TOTAL - ADMINISTRATIVE REVOLVING FUND: S589,079.45 10330 700.00 10331 1,009.49 10332 475.82 10333 202.98 10334 222.14 10335 56.01 10336 3,668.60 10337 7.95 10338 1,115.32 10339 97.71 $596,635.47 1001 S2,000.00 $2,000.00 $598,635.47 1111111111111 S170,354.28 88,871.36 $259,225.64 TOTAL OF ALL FUNDS: $1,070,246.74 2 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE April 17, 2007 AGENDA ITEM NO. 29 ITEM TITLE An update on the revised proposals for the Feasibility Study of a 1 Harbor District Industrial Park suitable for the relocation of potential non- conforming uses within the City of National City's Westside Specific Planning Area and a report on the comprehensive approach to implementing the Westside Specific Plan. PREPARED BY _ ; DEPARTMENT Patricia Beard, Redevelopment Manager Community Development Fxt 4255 EXPLANATION At the meeting of March 20, 2007 the CDC Board directed staff to negotiate with consultant teams to reduce the proposed cost of the study from $325,000. As a result of preliminary discussions, the likely recommended consultant team reduced the proposed scope and cost by 30-percent. Staff is considering whether other City initiatives such as a needed Environmental Impact Report for the Westside Specific Plan and the possible award of a federal Brownfields grant for the Westside planning area could result in a comprehensive implementation strategy for the Westside Specific Plan that might allow additional efficiencies to the Industrial Park effort. Staff is requesting an additional 45 days for further analysis of the most effective and efficient means of moving forward with the \ Westside amortization and relocation strategy. Environmental Review Not applicable. Financial Statement The revised proposal cost is $205,000. There is no current budget allocation for this project. Account No STAFF RECOMMENDATION Direct staff to return with a further update and possible recommendation in 45 days. BOARD / COMMISSION RECOMMENDATION Not applicable. J ATTACHMENTS Resolution No. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE April 17, 2007 30 AGENDA ITEM NO. 1 ITEM TITLE Report: An update on the Marina Gateway redevelopment. PREPARED BY Patricia Beard Redevelopment Manager DEPARTMENT Community Development Commission EXPLANATION On July 28, 1998, the City Council adopted the Harbor District Specific Area Plan to allow for the development of projects as a Gateway to the National City Pier 32 Marina. Since then, significant efforts have been made to realize the development vision for the area at 24th Street (Bay Marina Drive) and Interstate 5 as a tourist -commercial zone while enhancing the natural assets of this coastal area. As final predevelopment activities take place for the Marina Gateway hotel and commercial project (also known as the Sycuan project) located on the southeast corner of Bay Marina Dr and Marina Way, staff is considering an approach to expand the tourist -commercial uses on both the north and south sides of Bay Marina Drive. (Please see attached report.) Environmental Review The Environmental Impact Report for the Harbor District Specific Area Plan, per the California Environmental Quality Act, was adopted on July 28, 1998. Financial Statement There is no cost associated with this report. Account No 1' i STAFF RECOMMENDATION Accept and file. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No. 1. Background report ATTACHMENT 2 REPORT Past efforts: The CDC has been working to complete the redevelopment of the Marina Gateway area since 1998. Efforts by the CDC and the Port have included land acquisition, street improvements, hazardous remediation, improvements to Paradise Marsh and restoration of the Railcar Plaza, to name a few. In 2005, CDC also proposed an amendment to the City's Local Coastal Program ("LCPA") to allow the development of tourist -commercial and housing uses on four blocks north of Bay Marina Way. In part the LCPA was in response to a development proposal to build 40 live - work townhouses on the block bounded by Cleveland and Harrison Avenues, 23rd Street and Bay Marina Drive. When significant opposition to the project emerged from the Working Waterfront, CDC withdrew the proposed amendment from California Coastal Commission consideration last year. Continuing efforts: The Marina Gateway Development Company ("MGDC") and the CDC entered into a Disposition and Development Agreement ("DDA") in May, 2004 for a hotel and commercial project on 6.5 acres at the southeast corner of Bay Marina Drive and Marina Way. Since that time the developer, CDC and the City have been refining and preparing to build the project. MGDC also entered an Exclusive Negotiation Agreement ("ENA") on the block (ACE Metals) bounded by Cleveland Ave and McKinley Street, 23`d Street and Bay Marina Dr, subject to the LCPA described earlier. With the withdrawal of the LCPA, proposed revisions to the MGDC hotel project and a new Executive Director at CDC, the parties are now discussing revisions to the existing DDA and ENA, as well as the disposition of the site withdrawn from consideration for the 40 townhouses opposed by the Working Waterfront. Future plans: In conjunction with a proposed DDA Amendment for MGDC hotel and commercial project memorializing design changes necessitated during the three- year course of planning the project and to achieve the area's tourist -commercial vision, staff is considering the development of three mid to high level restaurants on each of the Marina Gateway site, the former townhouse site and the former Ace Metals site. Such restaurant development is allowed in the medium manufacturing zone of the northern sites and would not require an LCPA. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 31 MEETING DATE April 17, 2007 AGENDA ITEM NO. ITEM TITLE Report to City Council regarding the creation of an Art Center in the former library building and requesting that staff be allowed to proceed with drafting a lease agreement with the San Diego REP Theater Company to use the space as the first step in the Art Center creation. PREPARED BY EXPLANATION See attachment Susanna H. Peredo (Ext. 4243) DEPARTMENT Community Services Environmental Review N/A Financial Statement Approved By: Finance Director There is no impact at this time, however when the lease terms and conditions are negotiated the financial considerations will be brought back to City Council. Account No. STAFF RECOMMENDATION( (2-1,— It is recommended that Council receive this report and direct that staff be allowed to begin negotiations with the San Diego REP Theater Company with the goal of drafting a lease for the use of a portion of the old library building and including provisions that the REP agree to perform community benefit functions as outlined in their March 7, 2007 memo. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Term sheet for Proposed Operating Agreement with the SD REP and Conceptual proposal from the San Diego REPertory Theatre A-200 (9/99) Attachment for Agenda Item: TITLE: Report to City Council regarding the creation of an Art Center in the former library building and requesting that staff be allowed to proceed with drafting a lease agreement with the San Diego REP Theater Company to use the space as the first step in the Art Center creation. EXPLANATION: Once the new library was completed the city began to explore the possibility of renovating the former library building into a community Art Center. Through a Redevelopment Agency Bond issuance, approximately $1.4M was allocated for this purpose. Several community workshops followed to "scope" what the Art Center should include. The basic requirements to renovate the building were estimated to cost approximately $1.3M. They consisted of hazardous material (lead and asbestos) removal, new HVAC systems, rewired electrical systems, some "opening up" of the space, carpet, paint, windows, ADA improvements, etc. The ultimate build -out of the building to be used as an Art Center was difficult to determine without a final user identified, but by using other communities' Art Centers as examples, it was estimated to cost between $7M and $8M. Due to difficulties with determining ongoing operation costs after the capital investment, and budget constraints in National City, the Art Center project was put on hold. The western most part of the building was consequently leased to the PM/ILWU/ San Diego REP knew of our intentions to create an Art Center, but also knew we were on hold. In January 2006 San Diego REP Theater company contacted the City regarding using the rest of the building, specifically for rehearsals and creation of the props for their performances. Although their interest in the use of the space is still similar, they have now outlined in the attached memorandum dated March 7, 2007 and expanded scope of how they would become involved and participate in the community and benefit the goal of creating an Art Center. The San Diego REP Theater has a solid reputation for collaborating with diverse visual and performance art groups in our region. The Tony Award — nominated organization is known for diverse programming that includes contemporary and classical theater, music, dance, art, poetry, scenic design, children's theater, and outreach programs which highlight the multiple traditions and voices of our region. Staff believes collaboration with an arts organization of this caliber and scope could be extremely beneficial to the National City community and to the City's future goal of creating a Cultural Arts District. By activating this space with the SD REP and their various artistic partners, staff believes that the creation of an Art Center in National City will be jump- started. In order to move forward with this concept staff is requesting the ability to meet with the San Diego REP Theater Company to negotiate the terms and conditions of use for building. It is envisioned that the negotiations would culminate in a lease agreement that would be presented to Council for final consideration. Attached is a short draft outline of the possible conditions that will be included in the lease. The lease likely will include some of the language in the REP's March 7 memo formalizing their commitment to our long-term goal of creating a Community Art Center. Please note that before the REP can move in to the building, we need to perform much of the basic components of work described in the first paragraph above. A contract to design and put together bid documents is the subject of another item on this agenda. As stated, the use of the building by the REP could jump start our Art Center and should be considered a phasing of the implementation. In fact all physical improvement work necessary in this first phase of the project is necessary in for the long-term use. In other words, doing this work now to allow the REP to utilize the space in the short-term, is necessary work for whatever the final use of the building becomes. This report outlines the terms and conditions for a proposed Maintenance and Operating Agreement between the City of National City and the San Diego REPertory Theatre for use of the former Library building as a rehearsal space and properties shop. The City of National City will be responsible for the following: Structural systems & foundation of the building. Upkeep of exterior walls and windows. Maintaining heating, plumbing, ventilation, and electrical systems Hazardous materials and air quality issues associated with the building such as mold, asbestos, etc. Upkeep of grounds and landscaping Ensuring ADA compliance Tenant improvements negotiated as part of operating contract between parties. Possessory interest. Interior cosmetic enhancements and exterior facade improvements that provide for a clean, safe work environment. Responsibilities for San Diego REPertory Theatre include but are not limited to: Daily building operations & maintenance. Common area maintenance Security Cost of Utilities The San Diego REPertory Theatre will be responsible for administering such programming, as follows: Use of facility for $1 per year as a rehearsal space and prop shop for REP shows Provide multi -craft Educational Outreach Programs based on REP theatrical performances to National City Recreation Center participants and other community members. Sub -leasing facility to arts organizations; ensuring accessibility for both nonprofit arts users and for profit users. Scheduling & monitoring external users of the center. Assisting the City with fundraising for marketing programs and capital improvements related to the arts. Encourage all users of the facility to offer any of the following to National City residents: Educational Outreach Programs, Free or discounted tickets and workshops, Youth Scholarships. Develop community partnerships geared at strengthening the future goal of creating a Cultural Arts District in National City. TERM: This agreement shall begin upon completion of the building improvements and will be termed through April 27, 2012. (To coincide with the ILWU, Local 29 tenant lease) Prepared by Susanna H. Peredo Community Services Dept. (619) 336.4243 April 9, 2007 SAiN DIEt: o REPERTORY 1 111'.:\i RE AT THE LYCEUM + HORTON PLAZA MEMO OF INTEREST March 1, 2007 TO: Kaseem Baker, Recreation Superintendent and Susanna Hernandez - Peredo, Recreation Supervisor, City of National City FROM: Sam Woodhouse, Artistic Director, San Diego REPertory Theatre RE: San Diego REPertory Theatre respectfully requests your consideration of the following conceptual proposal. THE REP IN RESIDENCE AT THE NATIONAL CITY ARTS CENTER Summary: Based on discussions with Susanna and Kaseem we propose that for a prototype/exploratory period from @July 1, 2007-June 30, 2009 San Diego REP rehearse our annual season of productions in the National City Arts Center (old library building). Simultaneously, the REP shall work closely with you and other National City Staff to design and implement an Educational Program based in Kimball Recreation Center for residents of National City and the South Bay, with a focus on area at -risk youth and families. * San Diego REP Profile San Diego REPertory Theatre is now celebrating its 31st Season under the leadership of Artistic Director Sam Woodhouse as downtown San Diego's most culturally diverse professional theatre company. The company operates the Lyceum Theatre complex in Horton Plaza as the county's only multidisciplinary Cultural Town Hall - a venue that is home to a great diversity of regional artists and audiences that represent the multiple traditions and voices of our region. The REP produces annually 5 - 7 mainstage theatrical productions, winning over 120 San Diego Theatre Critic's Circle, Patte, Backstage West and NAACP Theatre awards in the past 20 years. • Since 1988 The REP has produced 31 productions written by and starring Latino artists featuring the leading Latino theatre artists In the nation and from Mexico including Luis Valdez, Culture Clash, Rick NaJera, Bernardo Solano, Edit Villareal, Octavio Solis, William R. Virchis and Elaine Romero from the US and Alejandro Luna and Tolita Figueroa from Mexico. • The REP produces Kuumba Fest - California's largest and longest running celebration of African and African American art and performance, which just presented its 15th annual Festival. • The San Diego Lipinsky Family Jewish Arts Festival, now in its 14th year, annually hosts performances and exhibitions that illuminate the diversity of international Jewish culture. • Since 1996 the REP has created or nurtured 21 new works of theatre, music and dance productions under the Calafia Initiative, a long term effort that brings together unlikely cultural partners to create new work that speaks to the past and future of our bi-national region. The company is universally recognized as a national leader In cross- cultural and international partnerships. • In 2006 The REP began the Ambassadors to the Future Initiative, which aims to identify leaders in the local Latino, African American and downtown communities who serve as Audience Ambassadors to help the REP build a more integrated and diverse audience. DETAILS OF THE PROPOSAL THE WORLD PREMIER OF " SWEET 15: QUINCEANERA" AT SAN DIEGO REP IN NOVEMBER-DECEMBER 2007 by San Diego native Rick Najera, the writer and star of LATINOLOGUES, which last fall became the longest running show by a Latino in the history of Broadway theatre. In November/December 2007, the REP will present the world premier interactive comedy SWEET 15 - QUINCEAF ERA by San Diego Native Rick Najera. The play Is set in National City and at the Lyceum Theatre, and is the story of a estranged Latino family coming back together to celebrate the Quinceafiera of their daughter, ten years too late! The patriarch Eddie Valderama, played by Najera, returns from a mysterious ten year absence in Mexico, and vows to put his family financially and culturally " back on their feet" under one condition: that his now 25 year old daughter Sonora agree to celebrate with him her " better late than never" Quinceafiera. The second act of the play casts the audience as members of the Court and guests at the Quinceafiera party, and features Aztec Dance and songs by former Mexican telenovela star Fernando Cahuenga. The mainstage production will be directed by Sam Woodhouse. As part of the concept of the production, leaders from the city of National City will be invited to appear at the Quinceafiera as " guest VIP's " from National City. *YEAR ONE EDUCATIONAL PROGRAM CONCEPT BASED UPON THE THEMES OF "SWEET 15: QUINCEANERA." San Diego REP proposes the discussion of the following project idea with National City staff. The themes of this world premier production would serve as the conceptual thematic approach to the proposed Educational Program. The play celebrates the ritual of a Quinceai5era and the impact and significance of this ritual to the Valderama family. Teaching Artists hired by San Diego REP would work closely with National City Staff to design and manage a program that would feature classes and workshops aimed at inspiring and guiding the participants towards the creation of original plays, poetry, spoken word, songs, video, photography or visual art which reflects the theme of Rituals and Passages in the lives of the participants. Student participants would be coached to create their own manifestation of a work of art that celebrates and articulates memorable Rituals and Passages in their lives. Topics might include a Sweet 16 party, a Bah Mitzvah, a passage from one country to another, an achievement or celebration as part of a civic or social group, the birth of a neighborhood band, the passage from child to teenager or teenager to adult, the union of two families into one, etc. The workshops would guide students through a process of original creation. In November of 2007, the most "appropriate and successful products" of the process would be shared with the public, families and friends at the Lyceum Theatre through a lobby exhibition of visual art and video. A National City SLAM evening ( just a working title idea ) would be hosted by San Diego REP staff and professional artists from the company of the play SWEET 15 - QUINCEAI ERA In December of 2007, at which juried "winners" of the process would perform their original works on the stage of the Lyceum. This PHASE ONE of an Educational Program based around a theme of a relevant play at San Diego REP would thus conclude with a night of celebration and sharing or original creations on the stage of the Lyceum. We propose this event feature appearances and recognition by community leaders from National City. An additional component of the project would be complimentary attendance for all workshop participants who complete the "course " to see the production of SWEET 15 - QUINCEANERA with accompanying "Meet the Artist" pre and post show gatherings. * YEAR TWO EDUCATIONAL PROGRAM We propose a careful evaluation, with open discussion between ALL partners of the Year One program as part of the design of Year Two. In Year Two of this proposal, San Diego REP expects to host in residence at the Lyceum Theatre, the foremost Latino theatre troupe in the USA — Culture Clash. The guest artists of Culture Clash plan to present as part of the REP's mainstage season a new play based in California contemporary Latino culture. Preliminary thinking is that a similar educational program for National City area residents would be designed in partnership with City staff, based on the themes of the work that Culture Clash would present at the Lyceum Theatre as part of the REP's season. * COMMUNITY PARTNERSHIPS San Diego REP has a recognized national reputation for forging and nurturing partnerships with community organizations. Based on our history, track record, and an initial study of National City opportunities, we see fruitful partnerships to be made with neighboring organizations such as the Southwestern College Annex, Boys and Girls Club of NC, Kimball Senior Center, Sweetwater High School, Central Elementary, John Otis Elementary, National City Middle School, and Pasacat Dance Co. (Philippine Dance Troupe/ studio within walking distance). The goal of these partnerships would be to create a synergistic working relationship between organizations and people in the city who care about the cultural development and future of National City. * REP USE OF THE ARTS CENTER (OLD UBRARY ) We propose to rehearse San Diego REP productions and occasional co - productions with other local companies in the Arts Center for an inclusive period beginning in August of 2007 through June of 2009, on an intermittent schedule. - In each fiscal year (July - June) we estimate a need for rehearsal time that maximizes at @ 26 weeks per year. This represents rehearsing for @ 4-7 productions for a period of 2 - 4 weeks for each production. Rehearsals would occur between the inclusive hours of 11:00 am -10: 30 pm, with a maximum rehearsal time of 8 hours per day. The rehearsals are held six days a week, with the clay off varying. - The physical requirements for rehearsal are minimal. We imagine two or three discreet rehearsal rooms in the facility, including the former Local History Room as one such space. We imagine creating two other rehearsal spaces by the rearrangement of the existing library book shelves to create temporary and moveable walls. Rehearsals require bright lighting, a clean and open space area, and the use of minimal moveable furniture specific to each play or musical. The need for new " walls" in the facility to accommodate necessary privacy for each rehearsal space is to be determined, but the goal would be to create such privacy through the use of existing bookshelves and minimize permanent alterations to the Library, aiming for a minimum cost outlay to make the space useable. We propose minimal use of air conditioning and heating to control utility expenses (the current San Diego REP rehearsal hall utilizes heating @ 6 weeks a year and cooling @ 4weeks a year). - The maximum number of people we expect in the rehearsal rooms at any one time would be 100 or less. To close, we are very exited about forming a partnership with National City that will benefit area residents, create a more visible identity for the Art Center, lead to creation of locally inspired art and performance, and bring professional theatre artists into the National City family. At the center of our mission as a theatre company is the concept of mutually beneficial partnerships. We believe this proposal could lead to such a new partnership. Sincerely, Sam Woodhouse Artistic Director and Co -Founder San Diego REPertory Theatre 79 Horton Plaza San Diego, CA 92101 619 231 3586 ext 614 Samrwood@aoLcom City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE April 17, 2007 AGENDA ITEM NO. 32 (ITEM TITLE Resolution of the Community Development Commission of the City of National City authorizing the Executive Director to execute an agreement with Katz Architecture in the amount of $84,000 to design and prepare bid documents for the renovation of the former public library building. PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering EXPLANATION See Attached. Ext. 4383 Environmental Review: N/A 24r1.L,L Financial Statement: Funding to accomplish this work is available within the CDC budget. Account No. 900728 STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS 1. Resolution 2. Contract kat,. Resolution No. ITEM TITLE: Resolution of the Community Development Commission of the City of National City Authorizing the Executive Director to Execute An Agreement with Katz Architecture in the Amount Of $84,000 to Design and Prepare Bid Documents for the renovation of the former Public Library Building EXPLANATION: The long-term planned use for the old library building is a Community Art and Cultural Center. A great deal of work has gone into the reviewing options and determining improvements required to convert the space to an Art and Cultural Center. The improvements consist of basic life safety and ADA improvements, through the ultimate build out of the space. The basics requirements were estimated to cost approximately $ They consisted of hazardous material (lead and asbestos) removal, new HVAC systems, rewired electrical systems, some "opening up" of the space, carpet, paint, windows, ADA improvements, etc. The ultimate build -out was difficult to determine without a final user identified, but by using other communities' Art Centers as examples, it was estimated to cost between $7M and $8M. The Redevelopment Agency and the Community Services Department have been working with the San Diego Rep Theater on a lease for them to use the space. The REP use should be considered a short-term use of the space. However before the REP can move in, we need to perform much of the basic components of work described above. Bonds were issued through the Redevelopment Agency to implement the project. There is approximately $125IvI currently available to renovate the space. This contract with Katz Architecture to design and prepare bid documents for the needed renovation. The project will then be put our to competitive construction hid. This project could be considered a phasing of the work. All the work necessary in this first phase of the project is necessary in for the long-term use. In other words, doing this work now to allow the REP to utilize the space in the short-term, is not wasted when it comes to implementing the long-term use of the space. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT WITH KATZ ARCHITECTURE IN THE AMOUNT OF $84,000 TO DESIGN AND PREPARE BID DOCUMENTS FOR THE RENOVATION OF THE FORMER PUBLIC LIBRARY BUILDING WHEREAS, the Community Development Commission of the City of National City ("CDC") desires to employ a contractor to design and prepare bid documents for the renovation of the former public library building necessary for the facility to be used by the San Diego Rep Theater Company; and WHEREAS, the CDC has determined that Katz Architecture is qualified by experience and ability to provide the necessary services for this project. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby approves the Agreement with Katz Architecture to design and prepare bid documents for the renovation of the former public library building. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of April 2007. Ron Morrison, Chairman ATTEST: Michael Dalla, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND JEFF KATZ ARCHITECTURE THIS AGRF.F.ivIENT is entered into this 17`h day of April, 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, (the "CDC"), and Jeff Katz Architecture (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide architectural design services to, in association with City staff and representatives of the San Diego Rep Theater Company, work through design development of improvements to the an approximately 14,000 SF section of the old library. After design development has been accomplished, plans and construction specticiations will then he developed. WHEREAS, the CDC has determined that the CONTRACTOR is a professional architecture firm 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 MI1"I11AI,LY AGREE AS FOLLOWS: I. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set lbrth in accordance with all terns 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. SCOPF. OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. I h:• CONTR.A (" I OR 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 Exhibit A to keep staff and CDC Rnard advised ,)t the progress on the project. The CPC unilatcrall'.. ,or upon request from the (()NTRACTOR, fionl tinne to tint• reiluce or mere:.,e Ih. Scope of ices to he performed by- the CO\ ACTOR under this -1!;re:.'n1CI1L Upon dolly` so, the and the CONTRACTOR agree to meet In good d t i li and center for 1llc pLirp0':C t tice lt!atlnn 8 e rrCSpondlne ridLlitioll or Increase in the compensation a,ss'1CIi11.ed VAlt')tia)d i:11;71i_C 111 'iL r`. 1(C>. 1101 to CXiacCd a fact it :11-1(�0'i� front the ba',C nn1(olllt. 3. PROJECT COORDINATION AND SUPERVISION. Mr. Stephen M. Kirkpatrick 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. Mr. Jeff Katz hereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The base compensation for this project is $84,000. Reimbursable expenses are allowed up to a not to exceed amount of $4,000. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the CDC's Project Coordinator. Monthly invoices will he 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. "The work shall be completed within 6 months. 6. DISPOSITION ANI) 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 he turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use. reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the COtilR.\CTOR's written '.cork product (Or the CDC's purposes, and the CONTRACTOR expre sl) naive: and (li claims any .•.idtral rights granted to it by C_`ilil Code Secti(v)s 980 through 9.l9 relating to intellectual hr,it,ert) and :irti tic works_ niodlllcatiun ca reuse hV Fie CDC Or d.halment$. drill;lif'S or .`;pC;:lticat.io;ls prepared I)•, the CON FRACI Olt shall rc!ie\-c the CON I R-\C:l OR froln liahiiit_, .u:ilcr S;c.ti"..1 I:} hilt only Avith Ie'I) C[ ti? the effect of the modification or I'c ll>C h`, tI;c anv liability to the 1 CDC should the documents be used by the CI)C 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. 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 ('ONTRAC- TOR's obligations to the (.'DC 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 CONTRAC I OR 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, ans license, permit, or approval which is legally required for the CONTRACTOR to ht t tice its profession. I 1 . STANI).\RD 0E CARE. CON1RA(:T0R, in periorminn t:: der Cm; \.,!:.foment. \hull I;ert:rni in a manner c )nsi tent ,A-ith Ih_u level of care and skill ordinaril•, e\er; ised t��. m�ntbcrs of t!,e CO�IRA('fOR'S tirade ;,r proles -=.ion currently prdcticini2 ur;ilcr simi�ar ,:n.liu��ns and in >.ir.�il�tr ;:�c:��ians. The (.'ONTR.A(- I OR shall take all special pos.iiiations nece;s.iry to protect the CONTR.ACTOR'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. 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 he 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 an) part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing. obligation of this Section 13. however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; ?iii) is already in the possession of the CON FRACTOR ithout any ohli,!ation of -confidentiality: or (iv J has been sir is hereafter rightfully disclosed to the CON IRA( I (II< h,. a third party, but only to the ..::teat tha tlx: use or disclosure there( has I;'c:n or is riAtiull;::IIIrliorized h\that third part\ l lli: (ONTIZAU 1 OR Shall not ,]i lost o s reports, rceiqnmendations. conclui rls or other results of the services or the :'xrstence of the subject i»Atter of this Agreement '.'.Ithout the prior written consent of the CDC. In its i. i rimrna.n.cc iI: Icunder, thr CONTRAC i OIL :.!call �rvl:f�ly 4 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 City of National City, its officers and employees, and the Community Development Commission of the Cty of Naitonal City, its officers and employees against and from any and all liability, Toss, 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 CONI'RA('"I'OR. 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. 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, Vtiith 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 CONS1.:LT;\NJI's employ- E. The aforesaid policies shall constitute prinnary insurance as to the CDC, it. officers, employees. and volunteers, so that any other policies held by the CDC shall not contribute t:. any loss t:ndcr said insurance. Said policies shall provide Hi- thirty- (30) days prior i.vritten notice to the CI)(' oi cancellation or material change. 1 . Said nob( ics, except for the professional li bdity and ..orker s comp'.nation ics, shall name: the CDC' and its officers, agents and employ s as additional incur: pis. G. 1' I'e u ieii Insurance coveraiie provided ni In:tdc rmher Than ucairkin c l!:iiii. the CONTRACTOR shall maintain " - .uch in ;uranr:i c., eraee for lhn°r :arc a'ler cxp:: ti ,l i)t the tcr'll and any extension,i) 4?,' 'hk :v.L'recanc: t H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies that 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. For purposes of determining who is to he considered the prevailing party, it is stipulated that attorney's tees 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 tees incurred by the ('DC 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 he 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 he 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 part of the arbitration award. 19. TL• Ri\IINA'FIO1. A. This :Agreement may be terminated o,ith or without cause by the ('DC. let-mination without caus.• shall he effective only upon 60-da\'s written 11 tic to the CO\TR •VDuring' said 6') Jai,. perloJ (.'(NTRACI OIZ shall perf orm all accordance \vith this :Aarccmrrlt. f3 1 hi:i Agreement ma_, also I?l' terminated Immediately by the (_'D(. Il:r Cali.e in the event of a material breach of this .---vareement. misrepresentation b, the O."I R:ACI OIZ lolllectl:lll with tie formation of this .Alerccnienl in the pertorrmince of set-, or the I:tlltlre t:i pc!1orm :21 (iiicc.ted h\ the (.D( () C. Termination with or without cause shall he effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CI)C all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (I) 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: la the ('DC: To the CONTRACTOR: Ivlr. Brad Rauiston Executive Director Community' Development Commission of the City of National City 1243 National City Boulevard National City, (.A 91950-4 (11 1\1r. Jeff Katz Principal Jeff Katz Architecturc 7290 Navajo Road, Suite 106 San Diego, C1 9211 Notice of change of address shall he civen h', '.'riiten nitticc in the mannel .tpec!lied III this Section. Rejection or other rehustil to accc1't c'r the Inaiillir'v ht. dclitter because Ot chanted address of which nu notice t.vas :than he :Lane_ to c, nstlllltc receipt of the Notice. demand, request or contimunlcation sent. :Any nttiic t, rcque`;t. demand, direction c,r (,lllil communicalloui sent cable. telex. tciccop}, tac4iir:•i c or tab nli!:;t LC (i li.. t-eight (48) hours by ie.ttei nliilli:d ul delivered as ', pet:IIIcJ in ihi.. .`lctal ,ri 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the 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. 'Die 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. 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 he 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 he used for the interpretation or determination of the validity of this Agreement or any provision hereof. I). A'o Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not he deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. F.. Exhibits and Schedules Exhibit A — Proposal The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. . Amendment to this Agreement The terms of this .Agreement may net he modified or aln::nded except by an instrument in writing executed by each of the parties hereto. G. (i'nila'r. the «waiver or failure to enforce any provision of this .y'reernent Shall not operate as a VAaiver of any future bt'iacll of any such provision or any other provision Hereof. If. .i/. pllr(/.).. l.iric IIIi, A reernent ;hill hc �.erned h,. :un.l e-,i'ir:eJ in accord:nnc� ill) the Iavv of the State .)t (:alifornia .'itreetti'nt I his .AL'rcen?enl siipl.. elk.' :III; lilt m.t reenlents. nc otlallons and cc n mu!ticatk.I);, oral or exitucfl. 7iiiii contairr. the crltiict• aereeirtenl hetllCeil the partle; as tl the SUhi c:t matter hereof N StibSeCluenl a•,r:c'Inril, repl'e tient.11 iO11. or promise mode 8 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. "['he parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to he resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WIIEREOF, the parties hereto have executed this Agreement on the date and year first above written. CDC JEFF KATZ ARCHITECTURE By: ---- -- By: Brad Raulston, Executive Director Jeff Katz,; Principal (Sole Proprietor) APPROVED AS TO FORNI: Cieorge H. Eiser, til ('DC Legal Counsel 9 C Jeff Katz Architecture March 30, 2007 Mr. Stephen M. Kirkpatrick City Engineer The City of National City 1243 National City Boulevard National City, CA 91950 RE: Architectural Services National City Library Remodel - San Deigo Rep Scope of Work and Fee Proposal Dear Steve: rn c-� rnrr rn c-: Z7r; w' f7 rn 0 rn v Based on our meetings to discuss this project and a site visit to inspect the existing conditions, I have prepared the following fee proposal for the renovation to the existing library space to prepare it for the San Diego Rep to be used for rehearsal space for the theater company. Work will include relocation of existing walls, replacement of existing ceilings and light fixtures, modifications to the existing HVAC, new wall and floor finishes. Work will also include removal of asbestos containing material. At this time it is anticipated that the construction cost (hard dollar) for the planned improvements will be approximately $1,000,000. We are proposing to offer the following scope of services: SCHEMATIC DESIGN PHASE Prepare as -built drawings of existing conditions. Prepare schematic design drawings for the proposed improvements Develop preliminary construction cost estimate for the planned improvements. Attend up to four meetings with the City and the Rep to discuss program and review schematic design concepts. After receiving approval of the schematic design we will proceed into Construction Documents. Nas .rju kn.id, ',Ili. IOi :.,u 1st( (-:dil �i ❑i.�'('119 jG17i n9A.71' I.n '.��1'.'G7%Y1"x National City Library Remodel - San Diego Rep March 30, 2007 Page 2 CONSTRUCTION DOCUMENTS PHASE Prepare drawings and specifications suitable for bidding to clearly delineate the Contractor's scope of work, including required architectural, mechanical and electrical design. No structural modifications are anticipated or included as part of this proposal. No Civil Engineering or Landscape work is included either. It is assumed for this proposal that the City of National City will provide all required General and Supplementary Conditions and Bidding Information. Plans and specifications to indicate locations of identified lead and asbestos containing materials and appropriate specification procedures for removing such material. Note that a survey to identify lead and asbestos material is not part of this proposal. Submit plans to City of National City Building Department for plan check, and perform all required revisions to construction documents based on Building Department's plan check comments (Note: plan check and permit fees are not included). Meet with City of National City as required to review final design and construction documents. For the purpose of this proposal assume 3 meetings with staff. BIDDING PHASE Provide final original drawings and specifications for use in bid packages. For this proposal it is assumed that the City of National City will advertise, assemble and distribute bid packages. Interpret and clarify contract documents for contractors, and assist in issuing addenda as required. Attend a Pre -Bid walkthru at the site with all interested contractors. Participate in bid opening, review contractor's detailed cost breakdown, and assist the City of National City in evaluation of the bids. Jell K.:rr Archnatnre '1.91/ Nasajn Road,' nic Inn San Dic¢o. (ahfnrnia 9:119 InI9 69g.917- Fai i 619) n98 917A 11 National City Library Remodel - San Diego Rep March 30, 2007 Page 3 CONSTRUCTION ADMINISTRATION PHASE Construction contract administration services are based on a Three month construction period, from Authorization to Proceed through Punchlist Inspection. The following services will be provided: Attend Pre -Construction conference. Review and approve or take other appropriate action upon Contractor's submittals and shop drawings as required by contract documents. Interpret contract documents (including all subconsultant disciplines) for proper execution and progress of construction, including responding to contractor's requests for information and clarification. Make one scheduled site visit every week during the course of construction (total of 12) to observe the project, and prepare site visit report. Site visit shall include meeting with contractor and City representative to review progress of construction, review pending RFI and Change Order information, and observe the construction to verify work is proceeding in accordance with construction documents. Make one additional site visit to perform Punchiest Inspection, and one additional visit to perform Final Inspection. Punchiest Inspection will include a detailed listing of all items remaining to be completed by the Contractor. Final Inspection will certify that all work has been completed in accordance with construction documents. Assist in reviewing and processing contractor's progress payment requests, and certifying the amounts due to the Contractor. ADDITIONAL SERVICES TO BE PROVIDED ON AN HOURLY BASIS The following items are not included in the Basic Services, and will be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis per the attached Hourly Rate Schedule (Exhibit 'A'). Revisions to Contract Documents resulting from Owner requested changes to documents previously approved by the Owner, or due to code or zoning changes made subsequent to Owner approval. INf km/ ueiutecture '290 NatAi° Road. Suitt 104 .fan Uregu, (.811 fnrnia 9211', i619) 69A•91" fat:Fi9,M,+Av1'$ National City Library Remodel - San Diego Rep March 30, 2007 Page 4 Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction. Construction site visits provided in excess of the visits defined under the Construction Administration Phase which are requested by the City, or made necessary through delays in the construction schedule or other elements outside the control of the Architect (for either Architect or subconsultant engineers). Plan check and permit fees (if paid by the consultant) will be a reimbursable expense, charged at 1.1 times the Consultant's cost. All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.1 times the Consultant's cost. I propose to provide the stated basic services for a fixed fee of Eighty Four Thousand Dollars ($84,000.00). Invoices will be submitted monthly, in a format acceptable to the City, for the percentage of work completed during the month, on any particular phase. I am available to meet with you at any time to review and discuss the proposed scope of services and fee proposal. If this is acceptable please prepare a contract and/or Notice To Proceed so we can begin. If you have any questions regarding this scope of work please do not hesitate to contact me at (619) 698-9177. Respectfully, Jeff Katz,'ASA Principal .left Kai/ \rchilcuun• - 729A Na,ajo Road, luny i t • pan Nego. C alifornia 92110 1619.69&4177 Fan i619164k-91"n 13 Exhibit "A" HOURLY RATE SCHEDULE The following rates apply to work performed on an hourly basis. Principal Architect $ 120.00 per hour Project Manager $ 95.00 per hour Specification Writer $ 90.00 per hour Construction Administrator $ 100.00 per hour Drafter $ 65.00 per hour Secretarial $ 40.00 per hour Structural Engineer $ 140.00 per hour Civil Engineer $ 120.00 per hour Mechanical Engineer $ 115.00 per hour Electrical Engineer $ 125.00 per hour Landscape Architect $ 100.00 per hour Reimbursable Expenses will be charged at 1.1 times the direct cost. Note: These rates will remain in effect until December 31, 2007, at which time they may be adjusted as a result of salary reviews. Doll Kerr Awhile Iurc • 7!'ii A o j(, Rand, Suitt I[A >an Diego. California 92114 1619) 698-91' - F. 16191 6914-9178 iy City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE April 17, 2OQ2 AGENDA ITEM NO. 33 (ITEM TITLE RESOLUTION NO. 2007- : CONSENTING TO AND CALLING FOR A JOINT PUBLIC HEARING WITH THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ON THE PROPOSED 2007 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT, EXTENDING THE EMINENT DOMAIN TIME LIMIT IN THE EXISTING PROJECT AREA, REVISING EXHIBIT D TO EXCLUDE ALL RESIDENTIAL LAND USES, REVISING THE TRANSPORTATION CENTER SECTION AND REVISING EXHIBIT C — PUBLIC FACILITIES AND INFRASTRUCTURE PREPARED BY DEPARTMENT Patricia Beard, Redevelopment Manager Community Development Commissio (ext. 42551 EXPLANATION CDC staff is undertaking the necessary steps to present and prepare the 2007 Amendment, extending CDC's authority to acquire property through eminent domain authority over certain commercial and industrial zoned properties, as identified in Attachment 2, in the National City Redevelopment Project Area until 2019, a period of twelve (12) years from the effective date of the 2007 Amendment. The CDC seeks to reach an accord with all property owners on the purchase of any property. Eminent domain as a tool for acquiring real property shall be used by the CDC only as a last resort. The 2007 Amendment excludes properties that are being used for residential purposes. The amendment will also amend the current exclusion of eminent domain on single-family homes (Exhibit D) to include all residential land uses, as well as updating the Transportation Center section governing the Mile of Cars and revising Exhibit C — "Public Facilities/Infrastructure Improvement Projects". Environmental Review Analysis per CEQA is being prepared and will be submitted to the City Council and CDC prior to the joint public hearing. Financial Statement The estimated cost of mailing the public notice to all residents, property and business owners within the National City Redevelopment Project Area ("Project Area") is $7,500. STAFF RECOMMENDATION 1) Adopt the resolution consenting to and calling for a joint public hearing with the City Council of the City of National City on the proposed 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project ("2007 Amendment"). 2) Direct staff to prepare and publish public notice of the Joint Public Hearing. [-ATTACHMENTS 1. Background Report 2. Map Resolution No. l A-200 (9/80) RESOLUTION NO. 2007- RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY CALLING FOR A JOINT PUBLIC HEARING WITH THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ON THE PROPOSED 2007 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT, EXTENDING THE EMINENT DOMAIN TIME LIMIT OF THE PLAN IN THE EXISTING PROJECT AREA, REVISING EXHIBIT D TO EXCLUDE ALL RESIDENTIAL USES, REVISING THE TRANSPORTATION CENTER SECTION AND REVISING EXHIBIT C — PUBLIC FACILITIES AND INFRASTRUCTURE WHEREAS, on July 18, 1995, pursuant to Ordinance No. 95-2095, the City Council of the City of National City ("City Council") did duly pass and adopt a Redevelopment Plan for the National City Redevelopment Project (the "Plan"); and, WHEREAS, on June 19, 2001, pursuant to Ordinance No. 2001-2187, the City Council amended the Plan; and WHEREAS, the Community Development Commission of the City of National City ("CDC") has formulated an additional amendment to the Plan ("2007 Amendment"); and, WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Sections 33000 et seq., a joint public hearing on the 2007 Amendment may he held with the consent of the City Council and CDC. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes and consents to holding a joint public hearing with the City Council on Tuesday, June 19, 2007 at 6:00 p.m., or as soon as possible thereafter, for the purpose of considering the proposed 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project, extending the eminent domain time limit of the plan in the existing project area, revising Exhibit D to exclude all residential uses, revising the Transportation Center section and revising Exhibit C — Public Facilities and Infrastructure, and directs staff to give notice of the joint public hearing in the form and manner required by the California Community Redevelopment Law. PASSED AND ADOPTED this 17t° day of April 2007. Ron Morrison, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Background Report CDC staff is undertaking the necessary steps to present and prepare the 2007 Amendment, extending CDC's authority to acquire property through eminent domain authority over certain commercial and industrial zoned properties, as identified in Exhibit A, in the National City Redevelopment Project Area until 2019, a period of twelve (12) years from the effective date of the 2007 Amendment. The CDC seeks to reach an accord with all property owners on the purchase of any property. Eminent domain as a tool for acquiring real property shall be used by the CDC only as a last resort. The 2007 Amendment excludes properties that are being used for residential purposes. The 2007 Amendment also includes the addition and modification of redevelopment plan text as it pertains to redevelopment actions and uses permitted in the project area. As proposed the amendment would add a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445. The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. It would also amend Exhibit D — "Location of Real Estate Potentially Subject to Acquisition by Eminent Domain" to exclude all residential land uses from the use of eminent domain. Currently only single family homes are excluded. Pursuant to Sections 33348 and 33360 of the California Community Redevelopment Law ("CRL"), the City Council and CDC must hold a public hearing prior to the adoption of the Amendment to hear all testimony for and against the proposed 2007 Amendment. CRL (Sections 33355 and 33458) provides that when a city council serves as the governing board of the community development commission/redevelopment agency, both bodies may hold a joint public hearing to receive testimony on a redevelopment plan amendment. Further, the CRL stipulates: that the notice of the joint public hearing be published in a newspaper of general circulation not less than once a week for three (3) successive weeks prior to the hearing; that it be mailed to all affected taxing agencies via certified mail, return receipt requested; and that it be mailed to all affected property owners, businesses, and residents at least 30 days prior to the hearing via first-class mail. The attached resolution provides for CDC consent to hold a joint public hearing; the hearing is scheduled for the City Council/CDC regular meeting on Tuesday, June 19, 2007, at 6:00 p.m. in the City Council Chambers. EXHIBIT 1A . 4% Rig• �1`� .: 1 .I�I11II1I.IIII, Ia; •I1:1 IIL1rllll`.�: 'innlLii�_Illllll nlinu, ,!II Ilr •l: t1I. II`1 111111' III:: 1II:III■III=^'1`IIi111111u _l1�01) , :I.I:,1II (IIII IIII�._,, III I I:I111� IIII _ _ •11• 11� lid 11111'111I11111111 �� IIIIIIIll:11 ��11 rill REIMS Tilia MN III ME3 El OE nimmis i:111:•d-1 -•• _I'111111 =IIII 1•�J� -! IG YI1111,I I � _.III!I'IIBe®il i111 il1�u u a _ .� IIIII •IIIIIII� .'I�1_=I•%,.II' II m1 ;_ Illf 'IIII- ••• 1= � a a. �_ -•a�I �rJ1 ■ u{y11• 5'1�� :111111= u= Ii :lC liu ■'. I;.1i■'I,�IN� �N» ®__ rin Iul IIr Jt►T*i, t�.l��...: ikqiwillo Ell __ min ra �a S BIN uI Iu Il '11 * _ , = 11 !I ■•ig!a -�'' t: - WS 30th SUSweetwater National City Redevelopment Project - Parcels Subject to the 2007 Amendment QProject Area Boundary _ 2007 Amendment Area nMunicipal Boundary Source: National City Planning r.: I__1__L City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE April 17, 2007 34 AGENDA ITEM NO. ITEM TITLE A RESOLUTION APPROVING CIRCULATION AND PUBLIC REVIEW O� THE DRAFT 2007 AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT EXTENDING THE EMINENT DOMAIN TIME LIMIT OF THE PLAN IN THE EXISTING PROJECT AREA, REVISING EXHIBIT D TO EXLUDE ALL RESIDENTIAL USES, REVISING THE TRANSPORTATION CENTER SECTION AND REVISING EXHIBIT C — PUBLIC FACILITIES AND INFRASTRUCTURE. PREPARED BY H,� Patricia Beard, Redevelopment Manager DEPARTMENT (ext 4255) Community Development Commission EXPLANATION The CDC is processing an amendment to the Redevelopment Plan for the National City Redevelopment Project ("Plan"). Said amendment will extend the Commission's existing authority to acquire property, as a last resort, through eminent domain to vacant property (as defined in the National City Municipal Code Section 7.06.20), and all commercial and industrial zoned properties in those areas which are currently subject to eminent domain authority within the National City Redevelopment Project Area. The current exclusion for single family residences would be amended to exclude all residential uses, the Transportation Center section goveming the Mile of Cars would be updated and Exhibit C — �Public Facilities/Infrastructure Improvement projects" would be revised. Environmental Review Analysis per CEQA is being prepared and will be submitted to the City Council and CDC prior to the joint public hearing on June 19, 2007. Financial Statement Costs for printing of the proposed Amendment will be Tess than $200. Account No. STAFF RECOMMENDATION Adopt the resolution approving circulation and public review the Draft 2007 Amendment to the Amended Redevelopment Plan for the National City Redevelopment Project. BOARD / COMMISSION RECOMMENDATION Not applicable. 1. ATTACHMENTS I. Background Report 2. Draft Amendment to the Amended National City Rrrircr lnnmrnt Plan Resolution No. RESOLUTION NO. 2007 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING FOR CIRCULATION AND PUBLIC REVIEW THE DRAFT 2007 AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT, EXTENDING THE EMINENT DOMAIN TIME LIMIT OF THE PLAN IN THE EXISTING PROJECT AREA, REVISING EXHIBIT D TO EXCLUDE ALL RESIDENTIAL USES, REVISING THE TRANSPORTATION CENTER SECTION AND REVISING EXHIBIT C — PUBLIC FACILITIES AND INFRASTRUCTURE WHEREAS, in accordance with California Community Redevelopment Law §33000, et seq., the City Council of the City of National City ("City Council") did adopt on July 18, 1995 the Redevelopment Plan for the National City Redevelopment Project which has subsequently been amended; and, WHEREAS, the City Council and the Community Development Commission of the City of National City ("CDC") are taking steps to amend the Redevelopment Plan for the National City Redevelopment Project; and, WHEREAS, CDC staff has prepared a Draft 2007 Amendment to the Amended Redevelopment Plan for the National City Redevelopment Project ("2007 Amendment"). NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes circulation for public review and comment of the 2007 Amendment, extending the eminent domain time limit for the plan in the existing project area, revising Exhibit D to exclude all residential uses, revising the Transportation Center section and revising Exhibit C — Public Facilities and Infrastructure, and the Chairman is authorized to take such other and further actions as necessary and proper to implement this Resolution and proceed with the proposed amendment. PASSED AND ADOPTED this 17th day of April 2007. Ron Morrison, Chairman ATTEST: Michael Dalla, Secretary APPROVED AS TO FORM: George H. Eiser, III City -CDC Attorney ATTACIIMENT 1 BACKGROUND REPORT The CDC is processing an amendment to the Redevelopment Plan for the National City Redevelopment Project ("Plan"). Said amendment will extend the Commission's existing authority to acquire property, as a last resort, through eminent domain to vacant property (as defined in the National City Municipal Code Section 7.06.20), and all commercial and industrial zoned properties in those areas which are currently subject to eminent domain authority within the National City Redevelopment Project Area. The current exemption for single family residences would be expanded to exclude all residential land uses. The Commission currently has the authority to acquire property through eminent domain until July 18, 2007 in the following areas: • Properties located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. • Properties located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • Properties located immediately west and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • Properties located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • Properties located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. • Properties west of Interstate 5, excepting the San Diego Unified Port District property. • Specific properties located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. This amendment will extend the Commission's authority to acquire property through eminent domain within these areas until 2019. The 2007 Amendment also includes the addition and modification of redevelopment plan text as it pertains to redevelopment actions and uses permitted in the project area. As proposed the amendment would add a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445. The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. It would also update Exhibit C — Public Facilities/Infrastructure Improvement Projects. The attached resolution provides for the CDC's approval to circulate the Draft 2007 Amendment to the Amended Redevelopment Plan for the National City Redevelopment Project and directs staff to make said plan available for public review and comment. Attachment 2 DRAFT AMENDMENT REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT Prepared: May 8, 1995 Adopted: July 18, 1995 DRAFT AMENDMENT DRAFT AMENDMENT Prepared for: Community Development Commission of the City of National City 140 E. 12th Street, Suite B National City, Calilbmia 91.950-3312 619-336-4250 Prepared by: Roscnow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 714/541-4585 619/967-6462 i '.I.`:".:'�%�.15 .i' i S':'.ISZ': 1/'u.11�:..:f• •�.;%:Cr:-`i:1. :...n-.�C: II tti.fl*t/)'�::�>I :�, ii .: iti,tplc'd 7 ; 1. 5 SECTION I. (100) INTRODUCTION 1 A. (101) General 1 SECTION II. (200) BACKGROUND 2 SECTION III. (300) GENF,RAL DEFINITIONS 2 SECTION IV. (400) PROJECT AREA BOUNDARIES 4 SECTION V. (500) REDEVELOPMENT PLAN GOALS 4 SECTION VI. (600) REDEVELOPMENT ACTIONS 5 A. (601) General 5 B. (602) Property Acquisition 7 C. (605) Participation by Owners and Persons Engaged in Business 8 D. (609) Implementing Rules 9 E. (610) Cooperation with Public Bodies 9 F. (611) Property Management 1(1 G. (612) Payments to Taxing Agencies 10 H. (613) Relocation of Persons Displaced by a Project 11 1. (616) Demolition, Clearance, Public Improvements, Site Preparation and Removal 11 J. (621) Rehabilitation, Moving of Stnictures by the CDC and Seismic Repairs 13 K. (625) Property Disposition and Development 14 1.. (630) Provision for Low and Moderate Income Ilousing 16 SECTION VII. (700) USES PERMITTED IN THE PROJECT AREA 20 A. (701) Map and Uses Permitted �(> B. (702) Major Land Use Designations (as now provided in the General Plan) 70 C. (703) Transportation Center 21 D. (704) Public uses 21 E. (707) Conforming Properties F. (708) Nonconforming Uses "3 G. (709) Interim Uses H. (710) General Controls and Limitations 23 I. (720) Design for Development J. (721) Building Permits 73 ""6 SECTION VIII. (800) METHODS FOR FINANCING TIIE PROJECT 26 A. (801) General Description of the Proposed Financing Methods 26 B. (802) Tax increment Re\ enue C. (803) CDC Bonds 1). (804) Other Loans and Grants 34 ,7 3.3 .:cris and Bruin l^''+a.v.'.:o.a:eraeig>iu:9:-:ar. fi Adt,p,1 7�X E. (805) Rehabilitation Loans, Grants, and Rebates 34 SECTION IX. (900) ACTIONS BY THE CITY 34 SECI•ION X. (1000) ADMINISTRATION AND ENFORCEMENT 35 SECTION XI. (1100) DURATION OF THIS PLAN 35 SECTION XII. (1200) PROCEDURE FOR AMENDMENT 36 EXIIIBIT A 37 EXHIBIT B 38 EXHIBIT C 39 EXHIBIT D 40 c deeumrmaand senmgs yId: J lxa!:'Irnv:,. ;n; an e: cc: P.In:A2'M•r^m:1 :1do, ted 7'18:9= RHDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT SECTION 1. (100) INTRODUCTION A. (101) General This is the Redevelopment Plan for the National City Redevelopment Project as amended ("Plan"), located_in the City of National City, County of San Diego, State of California. It consists of the text (Sections 100 through 1100), the Project Area Map of Redevelopment Project Area No. 1 ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), a listing of the proposed public facilities and infrastructure improvement projects (Exhibit C), and a map of the properties potentially subject to acquisition by eminent domain (Exhibit D). This Plan has been prepared by the Community Development Commission (the "CDC") pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.), the California Constitution and all applicable laws and ordinances. It does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within the Project Area; instead, it establishes a process and framework for implementation. This Plan is based upon the Preliminary Plan formulated and adopted by the National City Planning Commission and the CDC on March 7, 1994 and March 15, 1994, respectively. This Plan supersedes, by amendment and restatement, the Redevelopment Plan for the National City Downtown Redevelopment Project adopted by Ordinance No. 1762 on December 1, 1981, as amended by Ordinance No. 1821 adopted on May 22, 1984, Ordinance No. 1851 adopted on April 16, 1985, and Ordinance No. 91-2013 adopted on June 18, 1991. This Plan was amended again by Ordinance No. adopted on July 2007. This Plan will amend the preexisting Redevelopment Plan as follows: • extend the CDC's existing eminent domain athourity by 12 years in those areas currently subject to eminent domain; • add a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445; • modify Section VII (c), thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. dOCUT,CT,i, t!v:vtr,ryt len, I rid I: r. 11 : \dcpted / i Y ��� SECTION II. (200) BACKGROUND The preexisting National City Downtown Redevelopment Project was comprised of seven separate project areas. Between 1969 and 1978, the City Council of the City of National City ("City Council") adopted four redevelopment projects: the E.J. Christman Business and Industrial Park Redevelopment Project by Ordinance No. 1233 on November 18, 1969, the South Bay Town and Country Redevelopment Project by Ordinance No. 1471 on June 24, 1975, the Center City Redevelopment Project by Ordinance No. 1505 on April 13, 1976, and the E.J. Christman Business and Industrial Park Redevelopment Project Amendment No. 2 by Ordinance No. 1610 on December 13, 1977. On December 1, 1981, the City Council adopted the National City Downtown Redevelopment Project by Ordinance No. 1762, merging the four preexisting redevelopment projects and incorporating additional properties to establish a 2,080-acre merged project area. The merged National City Downtown Redevelopment Project has been amended three times since its adoption: Amendment No. 1 adopted on May 22, 1984 by Ordinance No. 1821, Amendment No. 2 adopted on April 16, 1985 by Ordinance No. 1851, and Amendment No. 3 adopted on June 18, 1991 by Ordinance No. 91-2013. Of these amendments, only Amendment No. 2 increased the size of the project area, adding approximately three acres, and enlarging the merged National City Downtown Redevelopment Project Area to approximately 2,083 acres. SECTION III. (300) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Plan unless otherwise specified herein: A. "Added Area" means the territories included in the Project Area by Ordinance No. 95-2095 adopted by the City Council on July 18, 1995, as depicted on Exhibit A and described in Exhibit B. B. "Annual Work Program" means that portion of the CDC's annual budget that sets forth programs and goals to be accomplished by the CDC during the fiscal year. C. "CDC" means the Community Development Commission of the City of National City, California. "Center City Area" means the territories originally included in the Center City Redevelopment Project Area by Ordinance No. 1505 adopted by the City Council on April 13, 1976, and subsequently merged into the Existing Area. E. "City" means the City of National City, California. F. "City Council" means the legislative body of the City. G. "County' means the C'cnmty of San Diego. California. �5xurtlenis w d secimt }'varG I. ii ;mnpc ..0 -, n;oerr r Ir: I1. "Disposition and Development Agreement" means an agreement between a developer and the CDC that sets forth terms and conditions for improvement and redevelopment. 1. "Downtown Original Area" means the territories originally added to the Existing Area by Ordinance No. 1762 adopted by the City Council on December 1, 1981. J. "Downtown 1985 Amendment Area" means the territories originally added to the Existing Area by Ordinance No. 1851 adopted by the City Council on April 16, 1985. K. "E.J. Christmanl Area" means the territories originally included in the N.J. Christman Business and Industrial Park Redevelopment Project Area by Ordinance No. 1233 adopted by the City Council on November 18, 1969, and subsequently merged into the Existing Area. I.. "E.J. Christman2 Area" means the territories originally included in the E.J. Christman Business and Industrial Park Redevelopment Project Area Amendment No. 2 by Ordinance No. 1610 adopted by the City Council on December 13, 1977, and subsequently merged into the Existing Area. M. "Existing Area" means the merged National City Redevelopment Project Area originally formulated by Ordinance No. 1762 adopted by the City Council on December 1, 1981, and subsequently amended by Ordinance No. 1821 on May 22, 1984, Ordinance No. 1851 on April 16, 1985, and Ordinance No. 91-2013 on June 18, 1991, as depicted on Exhibit A. N. "General Plan" means the City's General Plan, a comprehensive and long-term General Plan fbr the physical development of the City as provided for in Section 65300 of the California Government Code. O. "Map" means the Map of the Project Area attached hereto as Exhibit A. "Method of Relocation" means the methods or plans adopted by the CDC pursuant to Sections 33352(0 and 33411 of the Redevelopment Law for the relocation of families, persons and businesses to be temporarily or permanently displaced by actions of the CDC'. "2007 Ordinance" means City Council Ordinance No. adopted on ,lug: 2007 amending this Plan. QR. "Owner Participation Agreement" means an agreement between the CDC and a property owner or tenant which sets forth terms and conditions for improvement and redevelopment. acr,.eo.u:gs yltard L. ai;9n ;tr. r. \dop:cd '•1.4'vi RS. "Person" means an individual(s), or any public or private entities. ST. "Plan" means the redevelopment plan for the Project as amended. TU. "Project" means the National City Redevelopment Project. UV. "Project Area" means the National City Redevelopment Project Area, inclusive of the Existing Area and Added Arca, which is the territory this Plan applies to, as shown on Exhibit A. VW. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.) as it now exists or may be hereafter amended. WX. "South Bay Town and Country Area" means the territories originally included in the South Bay Town and Country Redevelopment Project Arca by Ordinance No. 1471 adopted by the City Council on June 24, 1975, and subsequently merged into the Existing Area. XY. "State" means the State of California. SECTION IV. (400) PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the map attached hereto and incorporated herein as Exhibit A. The legal description of the boundaries of the Project Arca is as described in Exhibit B attached hereto and incorporated herein. SECTION V. (500) REDEVELOPMENT PLAN GOALS implementation of this Plan is intended to achieve the following goals: • Eliminate and prevent the spread of conditions of blight including: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, and other economic deficiencies in order to create a more favorable environment for commercial, office, industrial, residential, and recreational development. • Unify City's Harbor District with the downtown area through enhanced employment, commercial, and maritime development opportunities. • Expand the conunercial base of the Project Arca. • improve public facilities and public infrastructure. • improve inadequate drainage infrastructure. C Ck-umnu as../ sm me, plo-s' • • Improve and/or provide electric, gas, telephone, and wastewater infrastructure to both developed and undeveloped properties within the Project Area. • Promote local job opportunities. • Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the redevelopment/revitalization of the Project Area. • Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. • Address parcels of property that are: of irregular form and shape, are inadequately sized for proper usefulness and development, and/or arc held in multiple ownership. • Remove impediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved infrastructure and public facilities. • Recycle and/or develop underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. • Promote the rehabilitation of existing housing stock. • Increase, improve, and preserve the community's supply of housing affordable very low, low and moderate income households. SECTION VI. (600) REDEVELOPMENT ACTIONS A. (601) General The CDC proposes to eliminate and prevent the recurrence of blight, and improve the economic base of the Project Area by: 1. Acquiring, installing, developing, constructing, reconstnicting, redesigning, replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices, utilities, flood control facilities and other public improvements and public facilities. 2. Rehabilitating, altering, remodeling, improving, modernizing, or reconstructing buildings, structures and improvements. 3. Rehabilitating, preserving, developing or constructing affordable housing in compliance with State law. a and sell .rgs pler:j IUI:b KII I:,t t:; CDId mt ,'' files pIA94 t.1 !::: 1a 5 Adopted ,. i $ �/• 4. Providing the opportunity for owners and tenants presently located in the Project Area to participate in redevelopment projects and programs, and extending preferences to occupants to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced residential and nonresidential occupants, if necessary. 6. Facilitating the development or redevelopment of land for purposes and uses consistent with this Plan. 7. Acquiring real property by purchase, lease, gift, grant, request, devise or any other lawful means (including eminent domain on a limited basis), after the conduct of appropriate hearings. 8. Combining parcels and properties where and when necessary. 9. Preparing building sites and constructing necessary off -site improvements. 10. Providing for open space. 11. Managing property owned or acquired by the CDC. 12. Assisting in procuring financing Ibr the construction of residential, commercial, and office buildings to increase the residential and commercial base of the Project Area, and the number of temporary and permanent jobs in the City. 13. The disposition of property including, without limitation, the lease or sale of land at a value determined by the CDC for reuse in accordance with this Plan. 14. Establishing controls, restrictions or covenants running with the land, so that property will continue to he used in accordance with this Plan. 15. Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and dedicating other areas for public purposes consistent with the objectives of this Plan. 16. Providing replacement housing, if any is required. 17. Applying for and utilizing grants, loans and any other assistance from federal or State governments, or other sources. c A&n. urr n, and ;r. mts r'xa:C !do -;:e:0 ,...,:...r. L . 6 Adopted 7 18. Taking actions the CDC determines are necessary and consistent with State, federal and local laws to make structural repairs to buildings and structures, including historical buildings, to meet building code standards related to seismic safety. 19. Taking actions the CDC determines are necessary and consistent with State, federal and local laws to remedy or remove a release of hazardous substances on, under or from property within the Project Area or to remove hazardous waste from property. 20. Pursuant to Health and Safety Code Section 33445, pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area provided: (1) the buildings, facilities, structures, or other improvements are of benefit to the Project Area; (2) no other reasonable means of financing the buildings, facilities, structures, or other improvements are available to the City; and (3) the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of blight within the Project Area. To accomplish these actions and to implement this Plan, the CDC is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law. B. (602) Property Acquisition 1. (603) Acquisition of Real Property Without limitation, the CDC may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, or devise. In addition, the CDC may also employ eminent domain in projects involving land acquisition of any real property identified in Exhibit D incorporated herein. To the extent required by law, the CDC shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property' any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing an (oner Participation Agreement. :u.d scu:ngs p'oca.J o-a: s,��i,. r-.,:-�: ':a:.bs s:4 Atiopccd Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced within the Center City Area, the Downtown Original Area, the Downtown 1985 Amendment Area, and the Added Area after twelve (12) years following the date of adoption of the 2007 Ordinance amending erdinatnee adoring this Plan. Such time limitation may he extended only by amendment of this Plan. The CDC shall not employ eminent domain in acquiring property within the E.J. Christman] Area, the E.J. Christman2 Area, or the South Bay 'Town and County Area. 2. (604) Acquisition of Personal Property Where necessary in the implementation of this Plan, the CDC is authorized to acquire personal property in the Project Area by any lawful means. C. (605) Participation by Owners and Persons Engaged in Business 1. (606) Owner Participation This Plan provides for participation in the redevelopment of property in the Project Arca by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with this Plan. Opportunities to participate in the redevelopment of property in the Project Area may include without limitation the rehabilitation of property or structures; the retention of improvements; the development of all or a portion of the participant's property; the acquisition of adjacent or other properties from the CDC; purchasing or leasing properties in the Project Area; participating with developers in the improvement of all or a portion of a participant's properties; or other suitable means consistent with objectives and proposals of this Plan and with the CDC's rules governing owner participation and re-entry. In addition to opportunities for participation by individual persons and firms, participation, to the extent it is feasible, shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. The CDC desires participation in redevelopment activities by as many owners and business tenants as possible. However, participation opportunities shall necessarily be subject to and limited by such minimum factors as the expansion of public or public utilities facilities; elimination and changing of land uses; realigrunent of streets; the ability of the CDC and/or owners and business tenants to finance acquisition and development activities in accordance with this Plan; nlos a::Fw,a::::r17 r:CI ltlr, Ak.,.i.rdror d, 8 :\li nE`Ictl 8'4_ and whether the proposed activities conform to and further the goals and objectives of this Plan. 2. (607) Reentry Preferences for Persons Engaged in Business in the Project Area The CDC shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the CDC's rules governing owner participation and re-entry. 3. (608) Owner Participation Agreements Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and he subject to the provisions hereof. In the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to their properties. In the event a participant breaches the terms of an Owner Participation Agreement, the CDC may declare the Agreement terminated and may acquire the real property or any interest therein, and may sell or lease such real property or interest therein for rehabilitation or development in accordance with this Plan. if conflicts develop between the desires of participants for particular sites or land uses, the CDC is authorized to establish reasonable priorities and preferences among the owners and tenants. Where the CDC: determines that a proposal for participation is not feasible, is not in the hest interests of the CDC or City, or that redevelopment can best be accomplished without affording a participant an opportunity to execute an Owner Participation Agreement, the CDC shall not be required to execute such an agreement. D. (609) lmplementing_Rules The provisions of Sections 605-608 of this Plan shall be implemented according to the rules adopted by the CDC prior to the approval of the ordinance amending this Plan, which may be amended from time to time by the CDC. Such rules allow for Owner Participation Agreements with the CDC. E. (610) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The CDC shall seek the aid and cooperation of such public holies and shall attempt to c Sx.�mr-,:a and plcsd Lia. .. .ip•p a<:. {:crvvirr-rnr'fil nik'h 9 Ad,c, d '•: e 95 coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. Property of a public body shall not he acquired without its consent. The CDC shall seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. Any public body which owns or leases property in the Project Area will be afforded all the privileges of owner and business tenant participation if such public body is willing to enter into an Owner Participation Agreement with the CDC. All plans for development of property in the Project Area by a public body shall be subject to CDC approval. The CDC may impose on all public bodies the planning and design controls contained in and authorized by this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The CDC is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Arca) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Arca. F. (611) Property Management During such time as property, if any, in the Project Area is owned by the CDC, such property shall be under the management and control of the CDC. Such properties may he rented or leased by the CDC pending their disposition. G. (612) Payments to Taxing Agencies The CDC may pay, but is not required to pay, in any year during which it owns property in the Project Area directly to any City, County or district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not hecn tax exempt, an amount of money in lieu of taxes. The CDC may also pay to any taxing agency with territory located within the Project Area, other than the City, any amounts of money which the Ci)C has found are necessary and appropriate to alleviate financial burden or detriment caused by the Project pursuant to an agreement executed prior to January 1, 1994. The payments to a taxing agency pursuant to such an agreement in any single year shall not exceed the amount of property tax revenues which would have been received by that taxing agency if all the property tax revenues from the Project Arca had been allocated to all the affected taxing agencies without regard to the division of taxes required by Section 33670 of the Redevelopment Law, except that a greater payment has been established by agreement between the CDC and one or more taxing agencies, except a school district, if the other taxing agencies agreed to defer payments for one or more years in order to accomplish the purposes of the Project at an earlier time than would otherwise be the case. The amount of any greater c 4 curncnts aini scatngs14,41,1 I ,CI rna :..uo 699 rtpU. 10 Adopted 7!13.9; payments shall not exceed the amount of payment deferred. The payments shall have been approved by a resolution, adopted by the CDC, contained findings, supported by substantial evidence, that the Project will cause or has caused a financial burden or detriment to the taxing agency and that the payments are necessary to alleviate the financial burden or detriment. In the event that such an agreement described in the above paragraph does not exist between the CDC and an affected taxing agency, the CDC shall remit payments to any such taxing agency in a manner consistent with Section 33607.7 of the Redevelopment Law. Ii. (613) Relocation of Persons Displaced by a Project 1. (614) Relocation Program In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et seq.), the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "Relocation Guidelines") and the Method of Relocation adopted by the CDC, the CDC shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by CDC acquisition of property in the Project Area or as otherwise required by law. Such relocation assistance shall be provided in the manner required by the Method of Relocation. In order to carry out a redevelopment project with a minimum of hardship, the CDC will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The CDC shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the Project Area. The CDC is also authorized to provide relocation for displaced persons outside the Project Area. 2. (615) Relocation Benefits and Assistance The CDC shall provide all relocation benefits required by law and in conformance with the Method of Relocation, Relocation Guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable Hiles and regulations. (616) Demolition, Clearance, Public Improvements,_Site Preparation and Removal of Ilazardous Waste 1. (617) Demolition and Clearance The CDC is authorized, for property acquired by the CDC or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, .Lticrxm, pl 21o:o:>cWngs;cn'¢or .1, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. 2. (618) Public improvements To the extent permitted by law, the CDC is authorized to install and constrict or to cause to he installed and constructed the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Such public improvements include, but are not limited to: over or underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical distribution systems' natural gas distribution systems; cable TV and fiber optic communication systems; water distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities; landscaped areas; schools; civic; cultural; and recreational facilities; and pedestrian improvements. A list of proposed public facilities and infrastructure improvement projects is set forth in Exhibit C and incorporated herein by reference. The CDC, as it deems necessary to carry out the Plan and subject to the consent of the City Council, may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or outside the Project Area, upon both the CDC Board and the City Council making the applicable determinations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such building, facility, strucnrce or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the CDC may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvements, or both, by periodic payments over a period of years. Any obligation of the CDC under such contract shall constitute an indebtedness of the CDC for the purposes of carrying out this Plan. 3. ((19) Preparation of Building Sites The CDC may develop as a building site any real property owned or acquired by it. in connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out in the Project Area this Plan. 4. (620) Removal of Hazardous Waste dxcnrnts n-J x:: gr pbcud'xa1 srmngs o(r p j iwrrnn 5'n olk`r : rJpian 2 ,1,10pied -18 95 To the extent legally allowable, the CDC may take any actions which the CDC' determines are necessary and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. J. (621) Rehabilitation, Moving of Structures by the CDC and Seismic Repairs 1. (622) Rehabilitation and Conservation The CDC is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building or structure in the Project Area owned by the CDC. The CDC is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the CDC to the extent permitted by the Redevelopment Law as it exists now or may be hereafter amended. The CDC is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It shall be the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to enhance the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The CDC is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shall he subject to the discretion of the CDC based upon such objective factors as: a. Compatibility of rehabilitation with land uses as provided for in this Plan. b. Economic feasibility of proposed rehabilitation and conservation activity. c. Structural feasibility of proposed rehabilitation and conservational activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the CDC. e. The need for expansion of public improvements, facilities and utilities. c der rnrnn arA vd :.r 11 co^.r, . Tar: hlc> _ Wan 1:; Agiltcd '.I. 95 f. The assembly and development of properties in accordance with this Plan. The CDC may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. 2. (623) Moving of Structures As necessary in carrying out this Plan, the CDC is authorized to move, or to cause to be moved, any building structures or other improvements from any real property acquired which can be rehabilitated to a location within or outside the Project Area. 3. (624) Seismic Repairs For any project undertaken by the CDC within the Project Area for building rehabilitation or alteration in construction, the CDC may, by following all applicable procedures which are consistent with local, State, and federal law, take those actions which the CDC determines are necessary to provide for seismic retrofits. K. (625) Property D position and Development 1. (626) Real Property Disposition and Development a. (627) General For the purposes of this Plan, the CDC is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the CDC is authorized to dispose of real property by negotiated lease or sale without public bidding. Except as otherwise permitted by law, before any interest in property of the CDC acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall he lirst approved by the City Council after public hearing. Except as otherwise permitted by law, no real or personal property owned by the CDC, or any interest therein, shall be sold or leased to a private person or private entity for an amount less than its fair market value, or the fair reuse value at the use and with the covenants, conditions and development costs authorized by the sale or lease. The real property acquired by the CI)(:: in the Project Area, except property conveyed to it by the City, shall be sold or leased to public or . d:xarrcnc. acd :oaa'. phrarc In; s: r. 14 Adopted 18.95 private persons or entities for improvement and use of the property in conformance with this Plan. Real property may he conveyed by the CDC to the City, and where beneficial to the Project Area, to any other public body without charge or for an amount less than fair market value. All purchasers or lessees of property from the CDC shall be obligated to use the property for the purposes designated in this Plan, to begin and complete improvement of such property within a period of time which the CDC fixes as reasonable, and to comply with other conditions which the CDC deems necessary to carry out the purposes of this Plan. During the period of redevelopment in the Project Area, the CDC shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the City's planning and zoning ordinances, building, environmental and other land use development standards. Such development must receive the approval of all appropriate public agencies. h. (628) Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the CDC, as well as all property subject to Owner Participation Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the planning and zoning ordinances of the City, conditional use permits, or other means. Where appropriate, as determined by the CDC, such docurnents or portions thereof shall be recorded in the office of the Recorder of the County. Leases, deeds, contracts, agreements, and declarations of restrictions of the CDC may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. The CDC shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may he necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. 1xuerren An sc ' s rt a:.i S t, sc,:mgs !en:p..ra:, .n:en:a files oi... l 5 Adoptrd 7 -I 895 The CDC shall obligate lessees and purchasers of real property acquired in redevelopment projects and owners of property improved as part of a redevelopment project to refrain from discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, or marital status in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to Disposition and Development Agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain such nondiscrimination and non -segregation clauses as are required by law. 2. (629) Personal Property Disposition For the purposes of this Plan, the CDC is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property. L. (630) Provision for i.,ow and Moderate Income Ilousing 1. (631) Definition of Terms The terms "affordable housing cost", "replacement dwelling unit", "persons and families of low or moderate income", "substantially rehabilitated dwelling units" and "very low income households" as used herein shall have the meanings as defined by the Redevelopment Law and other State and local laws and regulations pertaining thereto. 2. (632) Authority Generally The CDC may, inside or outside the Project Area: acquire real property, buildings sites, buildings or structures, donate real property, improve real property or building sites, construct or rehabilitate buildings or structures, and take any other such actions as may be permitted by the Redevelopment Law, in order to provide housing for persons and families of low or moderate income. 3. (633) Replacement IIousing Except as otherwise permitted by law, whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part ofa redevelopment project, the CDC shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial nu and +rn•rp,r! taro .1 rdp:::I,:. 16 J„pled 7'X9> jurisdiction of the CDC. Except as otherwise permitted by law, seventy-five percent (75%) of the replacement dwelling units shall replace dwelling units available at affordable housing costs in the same income level of very low income households, lower income households, and persons and families of low and moderate income as the persons displaced from those units destroyed. The CDC may replace destroyed or removed dwelling units housing persons and families of low or moderate income with a fewer number of replacement dwelling units if the replacement dwelling units have a greater or equal number of bedrooms and are affordable to the same income level of households as the destroyed or removed units to the extent permissible by Iaw as it now exists or may hereafter be amended. 4. (634) New or Rehabilitated Dwelling Units Developed Within the Project Area Except as otherwise permitted by Iaw, at least thirty percent (30%) of all new and substantially rehabilitated dwelling units developed by the CDC shall be available at affordable housing cost to persons and families of low or moderate income and of such thirty percent (30%), not less than fifty percent (50%) shall be available to and occupied by very low income households. At least fifteen percent (15%) of all new and substantially rehabilitated dwelling units developed within the Project Area by public or private entities or persons other than the CDC shall be available at affordable housing cost to persons and families of low or moderate income and of such fifteen percent (15%), not Tess than forty percent (40%) shall be available at affordable housing cost to very low income households. The percentage requirements set forth in this Section 634 shall apply independently of the requirements of Section 633 of this Plan and in the aggregate to the supply of housing to be made available pursuant to this Section 634 and not to each individual case of rehabilitation, development or construction of dwelling units. Pursuant to Section 33413(b)(4) of the Redevelopment Law, the CI)C shall prepare and adopt a plan to comply with the requirements set forth above, for the Project Area. The plan shall be consistent with, and may be included within the Housing Element of the City's General Plan. The plan shall be reviewed and, if necessary, amended at least every five (5) years in conjunction with the housing element cycle. The plan shall ensure that the requirements of this section are met every ten (l 0) years. Except as otherwise permitted by law, the CI)C shall require, by contract or other appropriate means, that whenever any low and moderate income housing units are developed within the Project Area, such units shall he made available on a priority basis for rent or purchase, whichever the case may be, to persons and families of low or moderate income displaced by the Project; provided, however, that failure to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. ra,r. and x❑inc+ o'xx•.: 1:= a: zcuc.ps tem,.;:rx.. vdcrnct 17 AJupR•cl 7.1 R V> 5. (635) Duration of Dwelling Unit Availability The CDC shall require the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Sections 633 and 634 of this Plan to remain available at affordable housing cost to very low income, low income, and moderate income households for the longest feasible time, as determined by the CDC, but for not less than the period of the residential land use controls established in Section 1100 of this Plan. 6. (636) Relocation Housing If insufficient suitable housing units are available in the City for use by persons and families of low and moderate income displaced by a Project, the CDC may, to the extent of that deficiency, direct or cause the development, rehabilitation or construction of housing units within the City, both inside and outside the Project Area. 7. (637) Increased and Improved Supply Except as otherwise permitted by law, not less than twenty percent (20%) of all taxes which are allocated to the CI)C pursuant to subdivision (b) of Section 33670 of the Redevelopment Law and Section 602(2) and (3) of this Plan shall he used by the CDC for the purposes of increasing, improving and preserving the City's supply of low and moderate income housing available at affordable housing cost as defined by Section 50052.5 of the California IIealth and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, and very low income households, as defined in Section 50105 of the California IIealth and Safety Code, unless one or more applicable findings are made pursuant to the Redevelopment Law. The funds for this purpose shall he held in a separate Low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Fund. In implementing Section 637 of this Plan, the CDC may exercise any or all of its powers including, hut not limited to, the following: 1. Acquire real property or building sites. 2. Improve real property or building sites with on -site or off -site improvements, but only if either (a) the improvements are made as part of a program which results in the new construction or rehabilitation of affordable housing units for low- or moderate - income persons that are directly benefited by the improvements, or (h) the CDC finds that the improvements are necessary to eliminate c Crrmnrnis ar,!•.r:I:r,'.,!v.. :I nits c ,;an ime:vei (.Ice .•-:..,. ray L:n we 18 Adopted 7 18.95 a specific condition that jeopardizes the health or safety of existing low- or moderate -income residents. 3. Donate real property to private or public persons or entities. 4. Finance insurance premiums. 5. Construct buildings or structures. 6. Acquire buildings or structures. 7. Rehabilitate buildings or structures. 8. Provide subsidies to, or for the benefit of, very low income households, as defined by Section 50105 of the California Health and Safety Code, lower income households, as defined by Section 50079.5 of the California Health and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the California Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Ilousing units available on the open market are those units developed without direct government subsidies. 9. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay financing or carrying charges. 10. Maintain the community's supply of mobile homes. Preserve the availability to lower income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The CDC may use these funds to meet, in whole or in part, the replacement housing provisions in Section 633 of this Plan. These funds may be used inside or outside the Project Arca; however, these funds may be used outside the Project Area only if findings of benefit to the Project Arca are made pursuant to the Redevelopment Law. 8. (638) Duration of Affordability Except as provided in Section 33334.3 of the Redevelopment Law, all new or substantially rehabilitated housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund pursuant to an agreement approved by the CDC shall be required to remain available at affordable housing cost to persons and t '.tlul'.LL:,wft: nml cc plT_u J cal aamg, tcny..uly I () :\dopicd families of low or moderate income and very low income households for the longest feasible time, but for not less than the following periods of time: a. Fifteen years for rental units. However, the CDC may replace rental units with equally affordable and comparable rental units in another location within the City if (i) the replacement units are available for occupancy prior to the displacement of any persons and families of low or moderate income residing in the units to be replaced and (ii) the comparable replacement units are not developed with moneys from the Low and Moderate Income Housing Fund. b. Ten years for owner -occupied units. However, the CDC may permit sales of owner -occupied units prior to the expiration of the 10-year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program which protects the CDC's investment of moneys from the Low and Moderate Income Housing Fund. SECTION VII. (700) USES PERMITTED IN THE PROJECT AREA A. (701) Map and Uses Per pitted The Map attached hereto as Exhibit A and incorporated herein illustrates the location of the Project Area boundaries, the immediately adjacent streets, and existing public rights -of -way and public easements. The land uses permitted by this Plan shall be those permitted by the General Plan, City zoning ordinances and the local Coastal Plan as they now exist or may hereafter be amended. B. (702) Major Land Use Designations (as now_provided in the General Plan) The following land use categories arc presently permitted by the General Plan: RESIDENTIAL, Single -Family Large Lot (RS-1) Single -Family Small Lot (RS-2) Single -Family Extendible (RS-3) Two Family (RT) Multifamily Extendible (RM-1) Multifamily Limited (RM-2) Senior Citizen Housing (RI\I-3) COMMERCIAL General Commercial (CG) Medium Commercial (CM) Limited Commercial (CL) Tourist Commercial (CT) J;rr:nxc,r ct ptea:d'r.r i I .ming; Len{xru6:c uikw i.i; \dnl+Ice' _ 18'4`- Automotive Commercial (CA) Heavy Commercial (CII) INDUSTRIAL Light Manufacturing (ML) Medium Manufacturing (MM) Ileavy Manufacturing (MH) Tidelands Manufacturing (MT) 1NSTITIJTIONAL Civic Institutional (11.) Private Institutional (IP) OPEN SPACE C. (703) Transportation Center This use district encompasses all of the Commercial Zones (CA, CM, and CH) along National City Boulevard, south of 18th Street to 33rd Street, and is designed primarily to furnish areas for new and used automobile and truck sales and services. The objective is to provide for a complete sales and service unit for each dealership on contiguous land within the Transportation Center district. In all agreements entered into by the CDC, independent used car sales, services, or repairs will not be permitted unless such activity is an integral part of a new vehicle dealership. Permitted uses in the transportation center use district include: • New automobile and truck sales, leasing, and rentals. • Used auto and truck sales when part of a new vehicle dealership and located on contiguous land within the Transportation Center district. • Service and repair of trucks and automobiles when provided by new vehicle dealer on contiguous property. • Sale of vehicle parts and accessories when provided by new vehicle dealership on contiguous property. • Sale or rental of campers, camper trailers, vacation trailers, self-propelled mobile homes, boats, and other sporting and pleasure equipment which is substantial in size. This activity must he incidental to the principal activity of the automobile and/or truck dealership. • Other related uses, with the review and recommendation of the Planning Commission, which are consistent with the objectives of this Plan. D. (7(14) Public l.;ses 4.1...,.acc1s and,cr cw,.g, : ,dplan do, )1 :10.p:r1 7 18 .vS 1. (705) Public Street Layout, Rights -of -Way and Easements The public street system for the Project Area is illustrated on the Project Area Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the Circulation Element of the General .Plan. Interstates 5 and 805 connect the Project Area to the greater metropolitan region. Primary streets in the Project Area include: Tidelands Avenue, Harrison Avenue, National City Boulevard, Highland Avenue, 8th Street, Civic Center Drive, and 24th Street. Certain streets and rights -of -way may he widened, altered, abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Additional easements may he created by the CDC and City in the Project Area as needed for proper development and circulation. public • 1. c used for vehicular,and/or pedestrian The nb„i� of -way shall he h� , bicycle anw Y traffic as well as for public improvements, public and private utilities, and activities typically found in public rights -of -way. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. 2. (706) Other Public and Open Space Uses Roth within and, where appropriate, outside of the Project Arca, the CDC may take actions to establish, or enlarge public, institutional, or non-profit ,uses, including, but not limited to, schools, community centers, auditorium and civic center facilities, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, Hospitals, educational, fraternal, philanthropic and charitable institutions or other similar associations or organizations. All such uses shall he deemed to conform to the provisions of this Plan provided that such uses conform with all other applicable laws and ordinances and that such uses are approved by the City. The CDC may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. E. (707) Conforming Properties The CI.)C may, in its sole and absolute discretion, determine that certain real properties within the Project Arca meet the requirements of this Plan, and the owners of such properties may he permitted to remain as owners of conforming properties without an Owner Participation Agreement with the CDC, provided such owners continue to operate, use, and maintain the real properties within the requirements of this Plan. An owner of a conforming property may he required by the CDC to enter into an Owner Participation Agreement with the CDC in the event that such owner desires to (1) as provided in the land use code, construct any additional improvements or substantially alter or modify .,,cuvrn;c and ,ennp: n card k%'.l set tcnry%, <t•�cl 'i,c' 22 Adr,icd %' i h 9� existing strictures on any of the real property described above as conforming; or (2) acquire additional property within the Project Area. F. (708) Nonconforming i.Jses The CDC is authorized but not required to permit an existing use to remain in an existing building in good condition if the use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The CDC may take actions to, but is not required to, authorize additions, alterations, repairs or other improvements in the Project Area for buildings which do not conform to the provisions of this Plan where, in the determination of the CDC, such improvements would be compatible with surrounding Project Area uses and proposed development. G. (709) Interim Uses Pending the ultimate development of land by developers and participants, the CDC is authorized to use or permit the use of any land in the Project Area for interim uses not in conformity with the uses permitted in this Plan. Such interim use, however, shall conform to all applicable City codes. H. (710) General Controls and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and all applicable City codes and ordinances. The land use controls of this Plan shall apply for the periods set forth in Section 1 100 below. The type, size, height, number and use of buildings within the Project Area will be controlled by the applicable City planning and zoning ordinances as they now exist or may hereafter he amended from time to time. 1. (711) New Construction All construction in the Project Area shalt comply with all applicable State and local laws in effect from time to time. In addition to applicable City codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may he adopted by the CDC to control and direct improvement activities in the Project Area. 2. (712) Rehabilitation Any existing structure within the Project Area which the CI)C enters into an agreement for retention and rehabilitation shall he repaired, altered, reconstructed, Ictwnents and setv,2SpI:C&z 23 Adopted 7' 1 8.'95 or rehabilitated in such a manner that it will meet the following requirements: be safe and sound in all physical respects, be attractive in appearance and not detrimental to the surrounding uses. 3. (713) Number of Dwelling Units The total number of dwelling units in the Project Area shall be regulated by the General Plan. As of the date of adoption of the Plan, there are 10,107 dwelling units, not including mobile home units, in the Project Area. 4. (714) Open Space and Landscaping The approximate amount of open space to be provided in the Project Area is the total of all areas so designated in the Land Use Element of the General Plan and those areas in the public rights -of -way or provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with the standards of the City. 5. (715) Limitations on T se Size and Height of Buildings The limits on building intensity, type, size and height, shall be established in accordance with the provisions of the General Plan and the zoning ordinances, as they now exist or are hereafter amended. 6. (716) Sips All signs shall conform to the City's requirements. Design of all proposed new signs shall be submitted prior to installation to the appropriate governing bodies of the City and/or the CDC for review and approval pursuant to the Municipal Code of the City and procedures permitted by this Plan. 7. (717) Utilities The CDC, in conformity with municipal code and City policy, shall require that all utilities be placed underground whenever physically possible and economically feasible on projects funded in whole or in part by the CDC or subject to a Disposition and Development Agreement or an Owner Participation Agreement. 8. (718) Subdivision of Parcels No parcels in the Project Area, including any parcel retained by a participant, shall be consolidated, subdivided or re -subdivided without the approval of the City. (719) Variations comers and see:,: 24 '�;:,Titii7 IF 9> The CDC is authorized to permit variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the CDC must determine all of the following: a. Any variation must to be considered must first be consistent with the Land Use Code, Title 18. b. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. c. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls. d. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. e. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the CDC shall impose such conditions as are necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. i. (720) Design for Development Within the limits, restrictions, and controls established in this Plan, and subject to the provisions of Sections 701 and 710 herein, the CDC is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. No new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated except in accordance with this Plan and any such controls approved by the CDC. In the case of property which is the subject of a Disposition and Development Agreement or an Owner Participation Agreement with the CDC, such property shall be developed in accordance with the provisions of such Agreement. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. The CDC shall not approve any plans that do not comply with this Plan except as permitted by Section 719 of this Plan. cueKras dad scU;op plcr. a kcal .a:vy.!rnix•rm :o!cne: Iiln.c U.M... J:aar, dri 25 Adopted 7. 1 s,tr J. (721) Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the CDC, any restrictions or controls established by resolution of the CDC, and any applicable participation or other agreements. The CDC is authorized to establish permit procedures and approvals required for purposes of this Plan. A building permit shall he issued only after the applicant for same has been granted all approvals required by the City and the CDC at the time of application. SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT A. (801) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the CDC is authorized to finance implementation of this Plan with assistance from local sources, the State and/or the federal government, property tax increment, interest income, CDC bonds, donations, loans from private financial institutions or any other legally available source. The CDC is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the CDC. Advances and loans for survey and planning and for the operating capital for administration of this Plan may he provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in -kind assistance. Any assistance shall he subject to terms established by an agreement between the CDC, City and/or other public agency providing such assistance. As available, gas tax funds from the State and sales tax funds from the County may be used for the street system. The CDC may issue bonds or other obligations and expend their proceeds to carry out this Plan. The CDC is authorized to issue bonds or other obligations as appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation activities. The CI)C shall pay the principal and interest on bonds or other obligations of the CDC as they become due and payable. r '(.,r•unxnts art sr:Inn phca:d Ic.al settings m:111n:,at..i.ic.--.:I h:c,,•.k'"� i :WA, Jc. 26 AJowed ' 15 9" B. (802) Tax Increment Revenue All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City or other public corporation (hereinafter called "Taxing Agency" or "Taxing Agencies") after the effective date of the ordinance, shall be divided as follows: 1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said Taxing Agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such Taxing Agency, last equalized prior to the effective date of the Ordinance, shall be allocated to and when collected shall be paid to the respective Taxing Agencies as taxes by or for said Taxing Agencies on all other property are paid (for the purpose of allocating taxes levied by or for any Taxing Agency or Agencies which did not include the territory in the Project Area on the effective date of the Ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the Ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date). 2. That portion of said levied taxes each year in excess of such amount shall be allocated to, and when collected shall be paid into, a special fund of the CDC: to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the CI)C to finance or refinance in whole or in part, the Project and this Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph (1.) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies. When said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies as taxes on all other property are paid. 3. That portion of the taxes in excess of the amount identified in paragraph (1.) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and interest on any bonded indebtedness for the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that Taxing Agency. 'Phis Ju.un CUU and smogs pbot.rd',at u'!•voe+.taria.-.r: im "It c;x; c'p:r Jz: 27 Adopted i'I�t/_ paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. 4. This Plan applies to redevelopment projects adopted by the CDC from 1969 through 1985. As such, the last equalized assessment rolls used to calculate taxes to be allocated to the Agency pursuant to Section 802, paragraphs (I) and (2) herein, will be those in effect when the following ordinances creating these redevelopment project areas were adopted: • E.J. Christmanl Area adopted by Ordinance No. 1233 on November 18, 1969. • South Bay Town and Country Area adopted by Ordinance No. 1471 on June 24, 1975. • Center City Area adopted by Ordinance No. 1505 on April 13, 1976. • E.J. Christman2 Area adopted by Ordinance No. 1610 on December 13, 1977. • Downtown Original Area adopted by Ordinance No. 1762 on December 1, 1981. • Downtown 1985 Amendment Area adopted by Ordinance No. 1851 on April 16, 1985. The CDC is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the CDC pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the CDC to finance or refinance, in wholc or in part, the redevelopment program for the Project Area. The number of dollars of taxes which may be divided and allocated to the CDC pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to taxing agencies, shall not exceed $300 million, adjusted annually in accordance with the San Diego County Consumer Price Index for all urban consumers (CPT-I.J) or a comparable inflationary index should the CPI-11 cease to exist, except by amendment of this Plan. With respect to the E.J. Christmanl Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section '33333 6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Ileath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after November 18, 2019. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to llealth and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any do�wiain, and r.clli mrn;z:rary mmrner fIr nik 28 1. AdopI_d 1X'95,, bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Ilealth and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the South Bay Town and Country Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after June 24, 2025. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Center City Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after April 13, 2026. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the E.J. Christman2 Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the ('DC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section r drrnncnis and sett. I.ni :r:urFs t:r-.ca..c�:n:r it dcz 29 t'dp!rd x,��, 33670 after December 13, 2027. "These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of llealth and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to llealth and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Downtown Original Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after December 1, 2031. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Downtown 1985 Amendment Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Ilealth and Safety Code Section 33670 after April 16, 2035. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Ilealth and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. :J setnng..ptve,rU 'xrxl crcn a r—lp:,r,✓j :n¢:nc: kin o,A?': Jr.:n ^_ 30 Adupied 715 95 With respect to the Added Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33332(a), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after 45 years following approval of the ordinance adopting this Plan. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. With respect to the E.J. Christmanl Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation Wray be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to he repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Ilealth and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to he repaid does not exceed the data on which the indebtedness would have been paid. With respect to thc South Bay Town and Country Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Ilealth and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CI)C's housing obligations under Health and Safety Code Section 33413. in addition, this limit shall not prevent thc CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to he repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Center City Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), arid (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid frorn such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer c doc.:mmn arA scn'cg�gaamd Icn:1wra mlanc', tilt,.: i;; hr 9.c 3 1 (lop!cd I .‘..0)5 than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to he repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restnicturing indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to he repaid does not exceed the data on which the indebtedness would have been paid. With respect to the L.J. Christman2 Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may he repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Downtown Original Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to he repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Downtown 1985 Amendment Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CI)C to finance in whole or in part the Redevelopment Project shall he established or incurred after April 16, 2005. Such loan, advance or indebtedness may be repaid over a d.xunrnts acd .ruing pbca:d :; c.a scclr1a '.:;k".. .!plan d 32 period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. hi addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after April 16, 2005, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Added Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.2(a), or as otherwise permitted by law, no loan, advance or indebtedness to he repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part activities authorized under this Plan shall be established or incurred after 20 years following approval of the ordinance adopting this Plan. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Ileatth and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after 20 years following approval of the ordinance adopting this Plan, if the indebtedness is not increased and the time during which the indebtedness is to he repaid does not exceed the date on which the indebtedness would have been paid. C. (803) CDC Bonds The CDC is authorized to issue bonds and other ohligations from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementation activities. Neither the members of the CDC nor any persons executing the bonds are liable personally on the bonds or other obligations by reason of their issuance. The bonds and other obligations of the CDC arc not a debt of the City or the State; nor are any of its political subdivisions liable for them; nor in any event shall the bonds or ohligations he payable out of any funds or properties other than those of the CDC; and such bonds and other obligations shall so state on their face. The bonds and other obligations do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of bonded indebtedness, to he repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can he outstanding at one time shall not exceed S100.0 million, except by amendment to this Plan. 4,: nwnts and ec!Ungs 9'.ta.'. 4s,af tics: c'.gs m,:gx••aq .0 CI :ties 33 7 iu'9: D. (804) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the federal government, the State, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. hi addition, the CDC may make loans as permitted by law to puhlic or private entities for any of its redevelopment purposes. E. (805) Rehabilitation Loans, Grants, and Rebates The CDC and the City may commit funds from any source to rehabilitation programs for the purposes of loans, grants, or rebate payments for self -financed rehabilitation work. The rules and regulations for such programs shall be those which may already exist or which may be developed in the future. The CDC and the City shall seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. SECTION IX. (900) ACTIONS BY THE CITY The City shall aid and cooperate with the CDC in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not he limited to, the following: 1. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights - of -way, and for other necessary modifications of the streets, the street layout, and other puhlic rights -of -way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights -of -way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. 2. Institution and completion of proceedings necessary for changes and improvements to publicly -owned parcels and utilities in the Project Area. 3. Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to he commenced and carried to completion without unnecessary delays. i d�c:mcnn nm! .r: in( Ac41 :.,.i .ps icn ;.'i a-� uvr•no 34 Adoptedth.,' 4. imposition, whenever necessary, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. 5. Provisions for administration/enforcement of this Plan by the City after completion of development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. 8. Revision of the City zoning ordinance, adoption of specific plans or execution of statutory development agreements to permit the land uses and facilitate the development authorized by this Plan. SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall he performed by the City and/or the CDC, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the CDC or the City. Such remedies may include, but are not litnited to, specific performance, damages, re-entry onto property, power of termination, or injunctions. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may he enforced by such owners. SECTION XL (1100) DURATION OF THiS PLAN With respect to the E.J. Christmanl Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on November 18, 2009. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the South Bay Town and Country Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on June 24, 2015. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the Center City Arca, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on April 13, 2016. After this time limit, the Agency shall have no authority to act pursuant to this Plan except ,kcumml s anri s.:r:inks :�y'i.l h.��. :cl I:�e': I�`�rlr ::,-� ime::.:: I.icl :r%i`i•1 i. Adopted 7' I R.95 to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the E.J. Christman2 Area, except for the nondiscrimination and nonsegregation provisions which shall nin in perpetuity, the provisions of this Plan shall expire on December 13, 2017. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the Downtown Original Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on December 1, 2(.)21. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the Downtown 1985 Amendment Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on April 1(i, 2025. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the Added Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire 30 years following adoption of the ordinance approving'this Plan. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. SECTION XH. (1200) PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. c'daoa ci.l i J s<;v� a pho.�d ion! u:um> cr.q:.xan'va: c^.: i fit GMrra;r.a. J., 36 Ad:q,led 7 !8'95 EXHIBIT A PROJECT AREA MAP In.arnents and arninpa•pbc,na a.11 [nags :cnpnt,ra antan, Caca .3 7 Ackpted EXHIBIT B LEGAL DESCRIPTION c 1,..catj.J.,„11 Lcolc, y cilctr,c1 J. 38 Adopted 7'1 X•T:. EXHIBIT C PUBLIC FACILITIES AND INFRASTRUCTURE IMPROVEMENTS PROJECTS ,dments and i:hcata i.,a1 amine, hin IdP13/, 39 Adopted EXHIBIT D LOCATION OF REAL PROPERTY POTENTIALLY SUBJECT TO ACQUISITION BY EMINENT DOMAIN dncwncr$ mPJ>n:u•gs pfx,r,! m^-! scungrlmI; j y mrern r.cs olk'� rd,1 1 _ 40 Adopted 7't K h NATIONAL CITY FIRE DEPARTMENT QUARTERLY REPORT JANUARY 1, 2007 - MARCH 31, 2007 Over 100 Years of Dedicated Service MISSION STATEMENT We are a fire department providing fire control, emergency medical service, rescue, fire prevention and education. We are dedicated to safeguarding the history and traditions and to effecting the goals of the Department. We are devoted to serving the community while practicing the core values of communication, commitment, courtesy, challenge and collaboration. ) Table of Contents Prologue 1 National City Fire Statistics, Third Quarter 2 Incidents Facts and Figures 4 Notable Incident: March 10, 2007 6 Notable Incident: March 21, 2007 7 Fire Prevention Activities 8 Organizational Readiness 9 Community Activities 10 New Emergency Rescue Equipment 12 i Prologue Citizens, Mayor and Council Members of the City of National City: This report contains a summary of the events that have taken place in the past quarter (January 1, 2007 through March 31, 2007). Included you will find emergency response statistics, highlights of notable incidents, fire prevention inspection and plan review, juvenile firesetter information and other noteworthy information. If you have any questions please don't hesitate to call the National City Fire Department Administration office. 1 Type Fires in Highway Vehicles Fires in Other Vehicles Fires Outside of Structures Fires in Brush, Grass, Wildlands Rubbish Fires All Other Fires TOTAL of FIRES From 1/1/2007 to 3/31/2007 for FD ID 37110 National City Fire Fires in Structures by FPU Number of Civilian Private Dwelling Apartments Hotels & Motels Other Residential Incidents Injuries 4 0 0 0 Civilian Property Deaths Damage 0 67,500 4 0 250,000 0 0 0 0 0 0 0 TOTAL RESIDENTIAL Public Assembly Educational Health Care, Detention, Corrections Stores and Offices Industry, Utility, Defense, Labs Storage in Structures Outside or Special Property TOTAL STRUCTURE 8 0 0 317,500 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 5 0 0 1,200 7 0 0 1,200 GRAND TOTAL BY PROPERTY USE 15 0 0 318,700 Fires in Structures by Incident Number of Civilian Civilian Incidents Injuries Deaths 16 1 0 2 0 2 3 6 0 0 0 0 0 29 0 0 0 0 0 Property Damage 10,400 2,775 0 0 0 650 0 13,825 2 Rescue, Emergency Medical Response Calls 1,041 0 0 0 False Alarms/False Calls 50 0 0 0 Mutual Aid 37 0 0 319,200 Hazardous Materials Response 15 0 0 0 Other Hazardous Responses 5 0 0 0 All Other Incidents 115 0 0 0 TOTAL of INCIDENTS 1,263 0 0 319,200 Suspicious Fires 3 0 0 0 Incidents Facts and Figures From January 1, 2007 through March 31, 2007 the National City Fire Department responded on 1,263 emergency calls. A list of noteworthy incidents is as follows: 02/12/07. E34C responded to a citizen having an acute heart attack. Fortunately, Paramedic Assessment Engine 34 was staffed with two paramedics, Captain Medina and Firefighter Robinson. The patient spoke only Spanish which was not a problem for bi-lingual Captain Medina. The patient was treated with aspirin, nitro and morphine. Firefighter Lucas drove the ambulance to the hospital. The engine company worked with the Paramedic ambulance crew to stabilize the patient and transport to the hospital. The patient status is unknown at this time. 02/14/07. At 20:30 hours, E34A was dispatched to a vehicle vs pedestrian at 30th and Highland. Upon arrival, E34A found an AMR paramedic unit and NCPD on scene of a patient in the middle of the street. The patient had severe injuries. E34 took command and request Mercy Air Ambulance to respond. Paramedic Firefighter Tieman and rest of E34's crew worked diligently to stabilize and prepare the patient for transport. T34 responded and landed Mercy Air on the football at Sweetwater High School. The TIP Team was requested to respond to assist the distraught driver of the vehicle that first hit the victim. NCPD stated there was another vehicle that hit the victim and fled the scene. Unfortunately, the victim did not survive the accident, despite the valiant effort by all rescue personnel. 02/23/07. AT 20:30 hours, units were dispatched to a rescue vehicle accident in front of Sweetwater High School. Upon arrival, crews found two vehicles with massive front end damage from a head-on collision. Two victims in each vehicle were treated and transported to the trauma center. 02/25/07. T34B responded to a vehicle cargo ship on the Pasha dock. An employee had been severely burned by some heating oil. 02/25/07. T34B responded to the City of Coronado to assist in removing two teenagers from a rooftop using the aerial ladder from T34B. 4 E34C was dispatched to 17 calls on 03/01/07, with 8 calls dispatched before noon. The shift was dispatched to a total of 25 calls. For a one month period from January to February this unit averaged running on 15 calls per shift. 5 Notable Incident March 10, 2007 National City units were dispatched on a structure fire at 401 W. 8t. Upon arrival, heavy smoke could be seen coming from the back of a large warehouse. This building is actually part of 32nd street Naval Base. Federal Fire Department was already working the fire, which was in a large storage building. E34 and B57 were requested by the Federal Fire Department to assist. E34 was assigned to forcible entry and also primary extinguishment tasks once on scene. E34 and B57 were on scene for three hours. 6 Notable Incident 4,4 March 21, 2007 E34A was dispatched to a vehicle off the overpass on 1-54 and 1-5. T34 went on scene and removed the driver from the wreckage. Mercy Air responded and E34 set up the landing zone on the Northbound 1-5. Miraculously, this driver survived a 50ft fall from the 1-5 overpass after his vehicle landed upright on the freeway below. His vehicle also landed within feet of falling through a gap in the freeway that falls another 30 feet down to the bay. Fire Prevention Activities The United States has a serious and substantial fire problem. Roughly once every one and one-half seconds an unreported fire occurs. With a majority of the fire deaths in the United States occurring in residential buildings and nearly 70 billion in fire loss attributed to the direct and indirect cost associated with residential fires. For nearly a century and a half, automatic sprinklers have been the most important single system for automatic control of hostile fires in buildings. Many desirable aesthetic and functional features of building that might offer some concern for fire safety because of the fire growth, hazard potential can be protected by the installation of a properly designed sprinkler system. Automatic Fire Sprinkler Systems are highly effective elements of fire protection systems design for buildings. Originally introduced as a property protection device, sprinklers are now seen clearly as a way to save lives, protect property and help control against increases in the future cost of fire service and protection as well. When sprinklers and smoke detectors are present in your home, your families chances of surviving a fire are greater than 97%. Residential fire sprinklers are designed to save lives, but because they are so effective in the control of fire they also reduce property damage. Fire reports show that property damage is nine times lower in homes protected by automatic fire sprinkler systems. Unfortunately less than 3% of all homes have sprinklers installed. NCFD Fire Prevention Statistics: Number of Fire Inspections: 395 Juvenile Firesetter Counseling Sessions: 4 Plan Review: 57 (1,337,547 square feet) Public Education Presentations: 8 Fire Investigations: 2 8 Organizational Readiness Training Drills Four newly hired National City Firefighters began the San Diego Fire Academy on 2-26-07. At least six of our own personnel will be instructing at the different points in the academy. Six personnel were sent by the department to attend the Firehouse World training Expo at the San Diego Convention Center. Others assisted in the "Hands On" portion in Heartland. Below center is a photo of a high angle rescue drill. This training drill was a joint effort with both Chula Vista and La Mesa Fire Departments. 9 Community Activities Animal Rescue Equipment Representatives from the "best Friends" Pet Care in San Diego, came by Station 34 and donated two sets of "animal resuscitation" kits for Fire personnel to place on their rigs. This is a program that is funded by private donations from the community to this particular pet center. Fire stations all over the county will receive these kits. These kits will further extend the scope of our rescue services to our community Letter of Appreciation On March 19th, the Martinez family came by and gave us Girl Scout cookies, compliments of the daughter Elisa Martinez. Unfortunately, the little girl who donated the cookies couldn't make it, but her mother and brothers dropped them off with a letter and a picture of her. 10 Letter from Elisa i' , ) :',, n • 'ICJ,. (At .. A .< OV\Ce_ ;Yi 1 .`�y� ,F, ,j; .,j. `!�•:..:"; `' 1• tt� II New Emergency Rescue Equipment In 2006, NCFD partnered with the Lemon Grove Fire Department in obtaining a rescue and extrication grant. The grant was offered through the State of Califomia, Office of Traffic Safety. The total grant amount was approximately $78,000, and nearly $60,000 was awarded to National City. The rescue and extrication tools that were purchased were from Homatro, a leader in rescue technology. In March 2007, NCFD received the equipment and personnel were trained on this new state of the art rescue equipment. These tools allow rescue personnel to extricate victims from all types of vehicles, especially newer vehicles that are made of high tensile strength steel. This steel makes vehicles stronger, but complicates extrications. The equipment package included a spreader (Jaws of Life), cutter, combination tool, and a compliment of rams. This compliment of tools will allow NCFD to provide rescue and extrication service with confidence and reliability. 12