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2008 06-03 CC CDC AGENDA PKT
Agenda Of 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 - 'I'uesday — June 3, 2008 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you tier 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 fitrmats 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 interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de !a junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/3/08- Page 2 PRESENTATIONS 1. Presentation of check to Trash Enterprise Fund and Disposition of Proceeds. 2. Communications Required by SAS No. 114 — Mayer, Hoffman & McCann. INTERVIEWS/APPONTMENTS 3. Interviews and Appointments: Planning Commission & Library Board. (City Clerk) 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. 4. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of May 20, 2008. (City Clerk) 5. 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) 6. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of two curve warning signs (W 1-1) with 15 mph speed limit plaques at the E. 91h Street / "R" Avenue curve for both directions of traffic. (TSC Item No. 2008-14) (Engineering) 7. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "No Parking This Side" signs on the east side of Edgerton Way to facilitate fire access. (TSC Item No. 2008-10). (Engineering) CITY COUNCILJCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/3/08- Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 3 feet of red curb "no parking" adjacent to the driveway of the residence at 1941 "B" Avenue to prohibit vehicles from blocking the driveway. (TSC Item No. 2008-15) (Engineering) 9. Resolution of the City Council of the City of National City approving Change Orders Numbers Three and Four with Zondiros, Inc. for the additional work in the total amount of $39,311.86 in conjunction with the National City Pump . Stations Rehabilitation Project and authorizing the City Engineer to execute the Change Orders. (Funded by Sewer Funds). (Engineering) 10. Resolution of the City Council of the City of National City approving a contract agreement between the City of National City and the City of Chula Vista to provide construction management services for the City's major street resurfacing and parks rehabilitation projects, and authorizing the Mayor to execute the contract agreement. (Funded by TransNet, Traffic Congestion relief and General Funds). (Engineering) 11. Resolution of the City Council of the City of National City accepting the work from Portillo Concrete, Inc. approving the Contract Final Balance Change Order Form with the final amount of $329,957.00 and authorizing the City Engineer to sign the Contract Final Balance and file the Notice of Completion with the County Recorder for the Miscellaneous Concrete Improvement Project at various locations, Specification No. 07-04. (Funded by CDBG & General Funds) (Engineering) 12. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement in the annual amount of $43,200 with Cox Communications, Inc. to lease a 60MB data circuit to upgrade the Internet bandwidth at City facilities. (MIS) 13. WARRANT REGISTER # 45 (Finance) Warrant Register #45 for the period of 04/30/08 through 05/06/08 in the amount of $1,455,159.07. (Finance) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/3/08- Page 4 CONSENT CALENDAR (Cont.) 14. WARRANT REGISTER # 46 (Finance) Warrant Register #46 for the period of 05/07/08 through 05/13/08 in the amount of $564,882.20. (Finance) PUBLIC HEARING 15. Public Hearing regarding an Amendment to Chapter 18.62 of the National City Municipal Code pertaining to signs and outdoor advertising displays. (City Attorney/Planning) **Refer to Item #16** ORDINANCE FOR INTRODUCTION 16. An Ordinance of the City Council of the City of National City amending Title 18 of the National City Municipal Code by amending Chapter 18.62 pertaining to signs and outdoor advertising displays. (City Attorney/Planning) **Refer to Item #15** NON CONSENT RESOLUTION 17. Resolution of the City Council of the City of National City approving the reallocations of existing Vehicle Capital Improvement funds totaling $67,000 to be used to lease hybrid type green vehicles to replace our existing pool vehicles. (Public Works) NEW BUSINESS 18. Notice of Decision — Planning Commission approval of a modification of a Conditional Use Permit (2007-22 CUP) to allow for an 830 square foot expansion of an existing pawn shop at 1050 Highland Avenue, Suite E. (Applicant: Express Financial Services) (Case File 2008-08 CUP) (Planning) 19. Notice of Decision — Planning Commission approval of a Conditional Use Permit for an auto body and paint shop in an existing industrial building at 940 West 19th Street. (Applicant: Phillip Schwartze) (Case File 2008-09 CUP) (Planning) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/3/08- Page 5 NEW BUSINESS (Cont.) 20. Notice of Decision — Planning Commission approval of a planned development to construct a duplex behind an existing single-family residence at 439 Palm Avenue. (Applicant: Francisco Godinez — Specialties Design) (Case File 2007-42 PD) (Planning) 21. Temporary Use Permit — St. Anthony of Padua Festival, June 7-8, 2008 from 9:00 a.m. to 5:00 p.m. daily at 1816 Harding Avenue. (Building & Safety) 22. Temporary Use Permit — Movies in the Park on June 13, 2008 at dusk in Las Palmas Park. The event is expected to last approximately 2.5 hours. (Building & Safety) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 23. Warrant Register for the period of 05/02/08 through 05/15/08 in the amount of $377,905.61. (Community Development Commission/Finance) 24. Resolution of the Community Development Commission of the City of National City (CDC) approving a Subordination Agreement with Pacific View Estates, LLC for a 49-unit single family project located at Fig Court and East Division Street in National City, California and authorizing the Chairman to execute said Agreement as required by the State of California, Department of Real Estate. (Housing and Grants Division) NON CONSENT RESOLUTIONS 25. Resolution of the Community Development Commission of the City of National City (CDC) pertaining to funds for the renewal of a 48-month rental agreement with Pitney Bowes, Inc. for a mail processing system. (Finance) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/3/08- Page 6 NON CONSENT RESOLUTIONS (Cont.) 26. Resolution of the Community Development Commission of the City of National City (CDC) approving an exclusive negotiation agreement with CBS Outdoor regarding the City's comprehensive signage program and authorizing the Chairman to execute the Agreement. (Economic Development) 27. Resolution of the Community Development Commission of the City of National City (CDC) approving Amendment No. 4 to Disposition and Development Agreement between the Community Development Commission and Constellation Property Group. (Redevelopment Division) NEW BUSINESS STAFF REPORTS 28. Verbal Report - Summer 2008 Events and Activities Summary. (Community Services) MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular Meeting — National City City Council/Community Development Commission Budget Workshop — Tuesday, June 10, 2008 — 6:00 p.m. — City Council Chambers — National City. Next Regular City Council and Community Development Commission Meeting - Tuesday — June 17, 2008 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILASL FOR SALE IN THE. CITY CLERK'S OFFICE ITEM #1 6/3/08 Presentation of Check to Trash Enterprise Fund and Disposition of Proceeds. I't'LM #2 6/3/08 City of National City Communications Required By SAS No. 114 June 3, 2008 SAS No. 114 • Provides guidance on communication with those charged with governance. • Issued December 2006 • Effective for periods beginning on or after December 15, 2006 (i.e., years ending December 31, 2007) 2 1M S(r In Pig Pwml{P1Y idly. C. alfiaw ad AMA nun.ynyli mold M aM cmnwI N •lle W ...new! lry w.y tdw 1 Communication With: Those charged with governance • responsible for overseeing strategic direction, accountability of the entity and financial reporting process. This can be the audit committee if auditor evaluates audit committee as being responsible and effective in communicating to the governing body those matters that are appropriate for their attention. 3 Ir..lonLen "Na.. In w. FFenn..bn..cH. Ivyw. Wm.. .N ive a n..q.na..W w, amid ca.ww as mew wen r<b N'•r t peen. SAS No. 114 Principal purposes • Communicate our responsibilities • Gather relevant information from them Provide our observations to them in a timely manner Recommended to meet without management (for portion of meeting) 4 The .u....✓:. eNeeenovie.ww..a n. W...a,.. a. ..e d a.w...•.. end w ..«corncob. ..a would M be we. by .v * we... 2 Evaluation of Communication • Auditor must evaluate effectiveness of "two way communication" with audit committee 5 Tic pdv ....VI* n W peeere<ana ♦S i.In Iw ilvmMn ay] uw el TaW"•^c .�I Or axed ...make ale YwN rW b wed S. An, Ow NW Audit Objectives • To provide an opinion as to whether the financial statements arc fairly stated in all material respects • Management is responsible for the fair presentation of its financial statements • Management is responsible for monitoring its internal controls • Auditors are responsible for designing the audit to provide reasonable, but not absolute assurance that financial statements are free from material misstatement • Auditor considers client's internal control only to the extent necessary to design audit procedures to detect significant misstatements • This consideration of internal control is not sufficient to provide an opinion on the adequacy of internal control 6 The ...ape.. .d .dS, la P...es.W. ad w.a.v`^Ywsi N n. le-1 canna. ad dn4d r.,• may p. fay My pale., 3 Materiality Materiality is the magnitude of a misstatement on an overall basis of the financial statements or related disclosures that. would affect the judgment of a reasonable person using those statements. 1M rfu•urw..__.d ' *ow Par•ra..drll (a N vMPPm/eae N .r d naeyrnM Significant Estimates and Judgments •Valuation of investments and securities •Capitalization of capital projects versus expense •Estimate of depreciable lives of capital assets -Estimate of claims payable -Estimate of actuarial determined required pension contributions T•. i..,.. •. f.AP11•d P M pr*NeCm M •a.f. N H3.1u1.1.11-d ua•> InwyamW •K N..N bnMIM PM eb.0 MI M my.1 by W✓ pea. 4 P.lanned Audit Approach Significant audit. risks may include the following: •Completeness of revenue recognition -Expenses •Calculation of payables and other liabilities • IT controls •Cash and investments -Investment Compliance 9 .le.... comm. in ..M1 •••( v.noddYla IN wltl.,.lm enduv Nnn. fn,n•nN l Ver Cmw.M. ,M !j 4d Mtn uvd bl.ry.ati. l.n4n Planned Audit Approach Auditing standards provide for the following auditing procedures: • Risk assessment — Inherent risk — Control risk — Analytical review procedures tee ...,..alw..s.,no,......a..:..ew•m w.nww a.• ,.e el mv,y.,.,.. a •. wal.•..•.. •,. a,.w W be use/ be •,r cam p.a.. (continued) 10 J Planned Audit Approach (con.ti nued) •Tests of controls - Observation and inspection - Transaction testing - Journal entry testing •Tests of year end balances 11 T. ./pm..•.[v.* n M n. nab.• .Wy b A. Hama-. I J A...Y. aa.nw mewl .bSJ rot b wM by am cow n•.... Audit Plan MHM Engagement Team Key Personnel — Mike Harrison, Shareholder -- Jason Al -Imam, Manager — Chris Sterzel, In -Charge • Key Client Personnel — .Ieanette I,adrido, Finance Director -- Tess Linnfueco, Financial Services Officer 12 n•. f4_ 4Iti.P^a.NYm u..4.r n.l el* . t€.-•••.• .`nW...-u dbr wy ow. ppm, 6 Input from Those Charged with Governance Limit to matters that might increase risk of error, misstatement, or fraud in amounts significant to financial statements taken as a whole Known or suspected fraud • Significant balances subject to heightened audit risk 13 1MWerra ...err. b. X..Yv.aira,M car ark.i.utin.N re M brayer.. re N W (.,...4. ..1 —W,I be wM by any Mr P.M. Factors that Impact the Timing of an Audit When scheduling audits, auditors generally need to give each client time to perform the following (by the audit start date): All necessary year end entries posted Review of accounting reports 1br unusual or unexpected amounts • All year end analyses and reconciliations prepared • All audit supporting schedules prepared • No adjustments after audit start date (unless material to financial statements taken as a whole) m.lf..T.r.n age r.d M Ei. aem.w....w,mP. Ni.,, wtl .I%*mw•.+a ....r. .,....w we *Janet be .w w.rv,•e.. t•.••� 14 7 New Pronouncements • New auditing standards significantly impacting the audit of the City of National City: — SAS 114 — SAS Nos. 104-1.11 (eight new risk assessment standards) lb 1N .+arnawn ...AN. 6,11. Y.a...an s u4 TfW N mammy N s..agan.nt a s ..— co....- .tl*b M t..ab) .. d,.. ;ma. 8 City of National City, California COUNCIL AGENDA STATEMENT —gEETING DATE June 3, 2008 AGENDA ITEM NO. 3 (-ITEM TITLE PREPARED BY INTERVIEWS AND APPOINTMENTS: Planning Commission & Library Board Michael R. l)alla DEPARTMENT City Clerk EXPLANATION A current vacancy exists on both the Planning Commission and Library Board of Trustees. The vacancies have been advertised and posted. In addition, announcements have been made and flyers and applications have been distributed. On March 4th and May 20t", the City Council interviewed three applicants for the Library Board (Lupo Marinez, Arlene Castillo and Michael Sunshine) and two applicants for the Planning Commission (Fred Puhn and Alfredo Farias). In addition to the two applicants interviewed lbr the Planning Commission, Ms. Ditas Yamane, currently serving on the IICDC, has also expressed an interest in being considered for the Planning Commission. Appointment to till the two vacancies from the below listed applicants would be in order. LIBRARY BOARD OF TRUSTEES (Mayor Appointment): Arlene Castillo, Lupe Marinez, Michael Sunshine PLANNING COMMISSION (Council Appointment): Alfredo Farias, Fred Puhn, Ditas Yamane Applications are attached. 2 r Environmental Review XX N/A Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended that the Council act to fill the vacancies. BOARD / CI MMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below ) Applications Resolution No. A 200 1e•99i CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Building Advisory & Appeals Board' Civil Service Commission Community & Police Relations Commission' _ t lousing & Community Development Committee X Library Board of -trustees _ Military, Civic and Special Events Advisory Board _ Parks & Recreation Advisory Board Planning Commission _ Pori Commission Public Art Committee' _ San Diego County Water Authority _ Senior Citizens Advisory Board Street Tree & Parkway Committee Serra Library System Advisory Bd Sweetwater Authority Traffic Safety Cornrnittee Note: Applicants must be residents of the City except for those marked by an (*). Name: A R (FOE A . C.. .. It (,o — Horne Address: Rtrsiness Affiliation. :>/17J Dit: by S)--7yi tx U N ( V . l iite: / .)At t N R1:SS 1 I /1 AJ 1 s Business Address: fir;SD .2,) ef.f}wemom /iV&.,W.L�.:. Tel.No.:( (')`f7t) 3411k - - vpeoaf <Arl LIE76-o„ (fl 9 J I K ).cs7 Tel. No.: ((,e, ) 'i �E � `f t/1,-)-- Length of residence in National City ? r.rn Y/Is San Diego County: 7/KC California: /D Y►zs - Educational Background: /i,-t_psyCT(o(0G1, u(ok) M. ., Duff}"1/0(J11 ( —_-- (ouN t:c.(NG-, NAI-1owvn ryFps/ 7 Gyp l)J/ATi of ..,•vveervturrEg !1161(.so-ic Occupational Experience-. p jrJ. AS5fS1PrtJ r WOkK XPCie- r(-NCF-. AT Sp u,? ut , r..R .01-t tc.t- vNi(>I1 ? i1G T( c. WOI_ )(.cit2((-T - Professional or technical organization memberships: /`MCI? l (:-,4 <; Gf !.0 tit CO U NCLi)f? c TJfVHOt /iL /1-.S0(. of >CHOOt C u1JSc1_l)(?A NAcc-) • N/1ThNJL. ti-)t. A Mlc- /1"pt/ls1M-- . SSVe .cA Df� J Civic or commtlniily experience, membership, or previo IS public se ce appointments: \(ULU/vi 7At ANN 14-1: f FO1 /tylIME..amvi)JLLV(Lir.r_f) -1\"f- VOL1A/L1R Al 1 PA- >7) Experience or special knowledge pertaining io area of interest_ Have you ever been convicted of a crime? NYes Dale: Signature: , .ee,,--/te -- a.. Please feel free to provide additional information or letters of ei dorsernent Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a public document) 'Residency requirements may not apply fJ C --<c, i 1r ltevrseJ March 7, 2007 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT 'TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board" Civil Service Commission /ornmunity & Police Relations Commission* Housing & Community Development Committee -lZ1- ibrary Board of Trustees Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board Planning Commission Name: Home Address: % 52 % S . ild N'Ar5on/ Business Affiliation: • Business Address: Port Commission Public Ali Cornrnillee' San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Committee Serra l ibrary System Advisory Board Sweetwater Authority traffic Safety Committee Note: Applicants must he residents of the City of National City except for those marked by an * Tel. No.(01) c2(P O0 Title: Tel. No: Length of residence in National City_ J. e5 San Diego County: _.� 1y,z,California: Educational Backgrour►d Sloe e !1>4Z ihgA Seieo x clutfe Oc/cIu ational Experience: f'eAf/ 'etf'e� I %10 � s' ic�� Ti�rr e D1' lcP lMAI" - 7;AiE'!ty4ee `iPFdiePL floe/ Professional or technical organization memberships Civic or community experience, membership, or previous public servic e V iuAv __e_r' --S%oec/�/ c'/1r/er f%r/c/ / 7A' Experience or special knowledg pertaining to area of interest Pivf Oy ,4'e6 i v P.�� fI� 4%u./q/ !/,CC, - (J Yes Have you ever been convicted of a clime? NoX Dale: e • ppointments: 7 rite /ni _L/Y'/_ 'e4/74v d zylPlU �Y v_ttu i Signature: Please feel free to provide additi lal information or letters of er orsernent. .e Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 hank you for your interest in serving the City of National City *Residency recpmements may not apply This document i; tiled as a public document rtevisetl Mardi 7. 200! CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission' Housing & Community Development Committee 'library Board of Trustees Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board Planning Commission _Port CornmissiorrttLCL((- .public Art ComriaiLI ' f J f r� `• San Diego County Water Authority Senior Ciliz Ai sprt� n rd- Street Tree & ParkwaY Committee Serra LibrarystemAdvisory Bd SweetwateriSystem a1+bhAL CI 1Y _Traffic Safety Committee Note: Applicants must belresidents of%the City except for those marked by an (*). tome Address) cC. _L��tl Tcn�1/ �f Tel No. l�// 6/`t-Z-S/6z/ Business Affiliation 6;_1i,r1 67^6/ Title o�'�i _. .. Business Address 3/7 4Jyj Cal _Tel. .--�/ 1 Tel. No. (iI 2 - .33 n%D;- t englh of residence in National City /.2yrr. San 'Diego County.35',S California j�ri Name Educational Background 1.1 L- /4 SrAL - /9/(c- 1 Z-2= 4 -ems -_ _.. c 'p.-4-p-t'n l . — L 7/_S�_ zik:-. J,r'i 7,-,,N . L /�/) _.. 4CI c.,4i/ (4-,,, -i,L Occupational Experience __ f ,y- - 7i-, ,c45_ j/ 5�,I ___ 32 7��s .%c,/k,J Professional or technical organhation memberships___ Civic or community experience, membership, or previous publicserviceappointments: r, s!/!i . /iF�.'l�i 1 I �✓ , 4yt, x 5` Experience or special knowledge pertaining to area of interest lave you �efver been convicted of a crime? No Date_ .�`r zL) 1a'7 Signature Please feel free to provide additional information oJ'tetters of endorsement. Please return completed form to. City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a public document) 'Residency requirements may not apply RRvi .ctJ Mauch 7. 200/ 3 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES - f ;LCL! Y`E I' F Building Advisory & Appeals Board` Port Cornrnission !l. Civil Service Commission _ Public Art Committee' tllU 1 SEP 3 Community & Police Relations Commission' _ San Diego County Water. A th rite Housing & Community Development Committee Senior Citizens Advis&>y gar'' iL'"t.! . . Library Board of Trustees _ Street l ree & Parkway Committee Military, Civic and Special Events Advisory Board Serra 1 ibrary System Advisory Board Parks & Recreation Advisory Board _ Sweetwater Authority Planning Commission Traffic Safety Cornrnittee Note: Applicants must be residents of the City of National City except for those marked by an * Name A ff{f(C j/ /A rli;._-- -- — O. �i r — pp /F1/� Horne Address: ) (,/ ` ) `{ !� J C Tel. No.:( % 9)!/f 7ti d Business Affiliation. Title: Business Address: Tel. No : Length of residence in National City: )/ 0 San Diego County: California: Educational Background: ___ C)_{F'Q i_(' _ `.;(7e f E?5 tti,vvt( 1— Occupational Experience: plea `j c e- {• Professional or technical organization memberships: _ _-�' —_--_— Civic or co mm n�u nity experience, membership, orprevviiou_spublic service appointments: jam Die: -✓aYt 11,1,11 l .� j� `,)c- of/fl• /{elt Fxperience or special knowledge pertaining to area of interest: - - - "ham .-------- 1 lave you ever been convicted of a crime? No X_ Dale: 1 (/j„1 a -f - Signature: Yes Please Ieel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City *Residency requirements nray not apply 'Ibis. document is filed as a public document Revised March 7, 2007 Alfredo Farias 2130 K Ave. National City, CA 91950 619.477.1922 cyafaiias@sbcglobal.net OBJECTIVE To obtain a seat has a planning commissioner. EXPERIENCE September 00 — June 07 Chula Vista Middle School Chula Vista, CA Teacher • Math Teacher EDUCATION Awards/Honors Rgf.ERENCE August 05 — May 2006 National University MA and Credential in Administration • Completed all requirements August 97 — May 98 I3CL,1 [) • Certified bilingual in Spanish August 91 — August 97 BA in Liberal Arts and Sciences • Major: Spanish • Supplementary in Math December 2005 Bonita Sunrise Rotary • Vocation of the Month Furnished upon request. San Diego State University San Diego State University 5 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board` Civil Service Commission Community & Police Helatkms Cornrnission' Housing & Community Development Committee Library Board of Trustees Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board �C Planning Commission Port Co►rrn►ission Public Art Committee' San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Comrnittee _ _ Serra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Narne: TT -KC C) t k)t-1 t`f Home Address:A ‘IL f`t . C,i`/ Tel. No.: %( `7) li 7S"- /15 5- Business Affiliation: C (i t A-7 2 A i__ A -r o r 1 r c_.5 —Title: S i? . I . c` r (n1 I CAL.. ADO > o �. 7� `!l `l 1'1E 5 A M t ii-i r Business Address: �/-1 r`r lir4'_ �`�-'t z t `'_ = Tel. No.: (? °="��75 -74 I �---- Length of residence in National City: 40 Y2 San Diego County: 6 `1- Y25California: Yh 5 Educational Background: I :J f F'1'5 .__ ME C �r At-) r (A(_ F A-) G I NE-Z.1 f e--st; 5 S (J. i .14-1.i 7r-Kifa_1 (P €5 Ili kIOF( PIA-K>. AL) ILIA n,AG 1E , Occupational Experience: 8 YO5 (r-IA 5 1 z FOG. r,3 EENl SG G9, t a> ?'»\T a N A (— CI•T•Y [t roGINEEe r ACC..o A- E 34 >t4125 R7 (IJk)C 1 L_ l� lor9t Professional or technical organization memberships A trr Mcr1S _ 7,5lo- c �►rrcuE iT�r�=C>- �IC��s� ►tip CAL rf�2N►A S tofTc-A&. 5.�, c; �(Y. Civic or community experience, membership, or previous public service appointments: ERv i`) Ct ►'W\ Y(D2 0-)87 - S H/gk i u A- A OV► Sot X Ca) ..4 r9 c7'7f E . /c-F_ ...I 8, . 0 ►J7rsc -i �o niAi C i- y 1kit o 6-lE sr i I c i (r, •-r ^-i I ;= TF Experience or special knowledge pertaining to area of interest: L006 71f'1E PSI DE>-rT At,3D /C'V2/7LE 0 Po N EP_ ('V S r-tAt_ Have you ever been convicted of a crime? No V Yens Date: ( A`3 7c) �> Signature: �� �= t Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City 'Res-Klenr:y rt !mum its may Ji >1 apply This docurnent is filed as a public document I ievixd March 7, 2007 JJr 1 ul GUM lid: to-, bl yn /4bttNt3 DI EAS YAR'itNF PAGE_ 0] CITY OF NATIONAL CITY APPUCATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Please check the board or commission for whk;h you are applying. (You may apply for more than one. ) _ Building Advisory & Appeals Board' _ Port Commission Civil Service Commission _ San Diego County Water Authority Community & Police Relations Commission Senior Citizens Advisory Board Housing & Community Development Committee Serra Library System Advisory Board _ Library Board of Trustees _ Street Tree & Parkway Committee Parks & Recreation Advisory Board _ Sweetwater Authority J Planning Commission _ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name (7►'fb, 16,M4fJEi Home Address Wk.?) • 1106 Str4t Tel. No. WI • b Business Affiliation 14,11001ML GYM R-A�-11 jE9AVES ,e4O11.4S jotrznor Business Address 62'S (i Av4vntae Tel_ No. VAC" 4-� d • 2�� Length of residence in National City ?) San Diego County 20 California 2-0 Educational Background R4nI u-{014, M4tko Q nq Occupational Experience Id4."' `nu ',Aar kti.•fk; q Professional or technical organization memberships (40, b tit 6:3.11.,00,4 43, Rea ES-ka ¢ , am Civic or community vxepp ff�lence, membership, or previous public service appointments: fia,n9,44, do .f.iaar in Out- es3yrir►,.,t�,;� . Experience or special knowledge trine to area of interest: Date 1 Signature__MA Please feel free to provide addtional information or letters of endorsement. 'Need not be a resident Please return completed form to City Clerk's Office 1243 National City Blvd National City CA 91950 1 hank you for your interest in serving the City of National City. (This document is filed as a public document) Rnba.d March t3. 2003 ITEM 4,4 6/3/08 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of May 20, 2008. (City Clerk) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption I'PEM #5 6/3/08 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." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT .dEETING DATE June 3, 2008 AGENDA ITEM NO. 7- ITEM TITLE Resolution of the City Council of the City of National City authorizing the City installation of two curve warning signs (WI-1) with 15 mph speed limit plaques at Avenue curve for both directions of traffic (TSC Item No. 2008-14) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXPLANATION Please see attached. Engineer to approve the E. 9th Street / "R" EXT. 4382 } Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION dopt the Res OARD / C S N'RECOMMEDATION At their meeting on ay 14, 2008 the Traffic Safety Committee approved the staff recommendation to install two curve warning signs (W1-1) with 15 mph speed limit plaques at the E. 9th Street / "R" Avenue curve for both directions of traffic. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 1. 2. Staff Report to the Traffic Safety Committee (May 14, 2008) A-200 (Rev. 7103) Explanation Mrs. Drosi, resident of 1846 E. 9"' Street, contacted staff regarding speeding issues on E. 9th Street, west of "R" Avenue. Mrs. Drosi requested speed humps and additional signing on the street to reduce speeding. E. 9th Street has a steep vertical slope from its eastern terminus to its westem terminus where it transitions into "R" Avenue along a 90 degree horizontal curve (see photo from TSC staff report). Staff visited the site on several occasions and collected vehicle volume and speed data to determine if speed humps are warranted. According to the City Council Policy on Speed Humps more than 60% of the surveyed motorists must exceed a speed of 25 mph. This condition is not met since the 85"' percentile speed is only 20 mph (i.e. 85% of all vehicles surveyed were traveling at or below this speed). City Council Policy also requires that the average daily traffic volume exceeds 1,000 vehicles per day. The count data indicates that on average, only 110 vehicles use the street over a 24-hour period. To reduce speeds and improve driver awareness of the 90 degree horizontal curve at E. 9"' Street / "R" Avenue, staff recommends installation of two curve waming signs (W1-1) with 15 mph speed limit plaques at the curve for both directions of traffic. The waming signs/plaques will be installed by the City Public Works Department. TSC 2008-14 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO CURVE WARNING SIGNS WITH 15 MPH SPEED LIMIT PLAQUES FOR BOTH DIRECTIONS OF TRAFFIC AT THE EAST 9TH STREET/ "R" AVENUE CURVE (TSC ITEM NO. 2008-14) WHEREAS, Mrs. Drosi, resident of 1846 East 9th Street, has requested speed humps and additional signing on the street to reduce speeding on East 9th Street, which has a steep vertical slope from its eastern terminus to the western terminus where it transitions into "R" Avenue along a 90 degree horizontal curve; and WHEREAS, since the location does not meet the requirements for the installation of speed humps, staff recommends the installation of two curve waming signs with 15 mph speed limit plaques at the curve for both directions of traffic to improve driver awareness of the 90 degree horizontal curve. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish two curve warning signs with 15 mph speed limit plaques for both directions at the East 9th Street/"R" Avenue curve. PASSED and ADOPTED this 3rd day of June, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 14, 2008 ITEM TITLE: ALONG THE 1800 BLOCK OF E. 9TH STREET 5 REQUEST FOR ADDITIONAL SIGNS TO REDUCE SPEEDING PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Drosi, resident of 1846 E. 9th Street, contacted staff regarding speeding issues on E. 9th Street, west of R Avenue. Mrs. Drosi requested additional signing on the street to reduce speeding. Staff collected vehicle speed data which shows that the 85"' percentile speed is only 20 mph (i.e. 85% of all vehicles surveyed were traveling at or below this speed). Regulatory speed limit signs are not posted; therefore a prima facie speed limit of 25 mph is applied. STAFF RECOMMENDATION: Staff recommends the following: 1) Install two 25 mph regulatory speed limit signs on E. 9"' Street (one in each direction), east of R Avenue, to improve drive awareness of the speed limit. 2) Install a curve warning sign (W1-1) with 15 mph speed limit plaque on the back of the existing sign post at the E. 9th Street / R Avenue curve for westbound traffic. EXHIBITS: 1. Location Map 2. Photos 2008-14 E. 9"' Street, east of "R" Avenue (looking west) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 3, 2008 AGENDA ITEM NO. 7 (ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "No Parking This Side" signs on the east side of Edgerton Way to facilitate fire access (TSC Item No. 2008-10) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. J Environmental Review X WA MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMM ATIO! dopt the Re OARD / C ISSION RECOMMEDATION At their meeting on May 14, 2008 the Traffic Safety Committee approved the staff recommendation to install "No Parking This Side" signs on the east side of Edgerton Way to facilitate fire access. I ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 1. 2. Staff Report to the Traffic Safety Committee (May 14, 2008) A-200 (Rev. 7/03) Explanation Residents of the 800 block of Edgerton Way have indicated that driveways, gates and walkways are often blocked by vehicles, vehicles speed down the street, and the street is not well lit at night. The residents have requested parking control and enforcement, speed humps and additional lighting. Staff visited the site on several occasions and observed that some of the driveways, gates and walkways were blocked by parked vehicles. Edgerton Way is a one-way street southbound between E. 8th Street and E. 9'h Street. The roadway width is approximately 30 feet. Currently vehicles park on both sides of the street, which does not provide acceptable clearance for fire trucks/apparatus. Therefore, staff recommends restricting parking to one side of the street. Since collectively, the number of driveways, gates and walkways is equal on both sides of the street, staff recommends prohibiting parking on the east side of the street and allowing parking on the west side to provide space for drivers to exit the vehicle — i.e. open their doors into the street rather than against a wall or onto an unpaved area. Staff collected vehicle volume and speed data to determine if speed humps are warranted. According to the City Council Policy on Speed Humps more than 60% of the surveyed motorists must exceed a speed of 25 mph. This condition is not met since the 85'h percentile speed is only 18 mph (i.e. 85% of all vehicles surveyed were traveling at or below this speed). City Council Policy also requires that the average daily traffic volume exceeds 1,000 vehicles per day. The count data indicates that on average, only 180 vehicles use the street over a 24- hour period. The existing street lighting meets the City Council Policy requirements for luminosity (wattage) and horizontal spacing between lights. The "No Parking" signs will be installed by the City Public Works Department. TSC 2008-10 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH "NO PARKING THIS SIDE" SIGNS ON THE EAST SIDE OF EDGERTON WAY TO FACILITATE EMERGENCY VEHICLE ACCESS (TSC Item No. 2008-10) WHEREAS, residents of the 800 block of Edgerton Way have requested parking control and enforcement, speed humps, and additional lighting because their driveways, gates, and walkways are often blocked by vehicles, vehicles are driven above the speed limit, and due to lighting conditions; and WHEREAS, because the requirements for installation of speed humps are not met, staff recommends restricting parking to the east side of the street to facilitate emergency vehicle access by installing "No Parking This Side" signs, and improving the luminosity and horizontal spacing between the street lights; and WHEREAS, at its meeting on May 14, 2008, the Traffic Safety Committee approved the installation of "No Parking This Side" signs on the east side of Edgerton Way, and improving the luminosity and horizontal spacing between the street lights . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish "No Parking This Side" signs on the east side of Edgerton Way to facilitate emergency vehicle access, and improving the luminosity and horizontal spacing between the street lights. PASSED and ADOPTED this 3rd day of June, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 14, 2008 ITEM TITLE: REQUEST FOR PARKING CONTROL, SPEED HUMPS AND ADDITIONAL LIGHTING ON THE 800 BLOCK OF EDGERTON WAY PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Residents of the 800 block of Edgerton Way have indicated that driveways, gates and walkways are often blocked by vehicles, vehicles speed down the street, and the street is not well lit at night. The residents have requested parking control and enforcement, speed humps and additional lighting. Their correspondence and numbered photos are attached. Staff visited the site on several occasions and observed that some of the driveways, gates and walkways were blocked by parked vehicles. Edgerton Way is a one-way street southbound between E. 8tN Street and E. 9'h Street. The roadway width is approximately 30 feet. Currently vehicles park on both sides of the street, which does not provide acceptable clearance for fire trucks/apparatus. Therefore, staff recommends restricting parking to one side of the street. Since collectively, the number of driveways, gates and walkways is equal on both sides of the street, staff recommends prohibiting parking on the east side of the street and allowing parking on the west side to provide space for drivers to exit the vehicle — i.e. open their doors into the street rather than against a wall or onto an unpaved area. Staff collected vehicle volume and speed data to determine if speed humps are warranted. According to City Council Policy on Speed Humps more than 60% of the surveyed motorists must exceed a speed of 25 mph. This condition is not met since the 85th percentile speed is only 18 mph (i.e. 85% of all vehicles surveyed were traveling at or below this speed). City Council Policy also requires that the average daily traffic volume exceeds 1,000 vehicles per day. The count data indicates that on average, only 180 vehicles use the street over a 24-hour period. STAFF RECOMMENDATION: Staff recommends the following: 1) install "No Parking This Side" signs on the east side of Edgerton Way. 2) Do not install speed humps since City Council Policy warrants are not met 3) install one 25 mph speed limit sign to improve driver awareness of the speed limit. 4) Install an additional street light mid -block on Edgerton Way. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 200ti10 TRAFFIC SAFETY COMMITTEE REQUEST For Traffic Safety Committee requests you should send your written request to: Engineering Department ATTN: Traffic Safety Committee 1243 National City Boulevard National City, CA 91950 In order to expedite requests, the request should be made by the property owner. For requests for parking districts and speed humps, you should also include a petition signed by at least 60% of affected property owners. Traffic Safety Committee meetings are held every second Wednesday of the month at 3 pm iu the Large Conference Room, Second Floor, at City Hail. 0-= )0,h / • 7tr-e re-2Z t„.• 7472,ez-1-- s di.dL / 4. /f-11-r2,2 re4 COMMUNITY SERVICES UEP L • 140 E. 1?" STREET. SUITE A • NATIONAL CITY • CA g1950 TEL (619) 336.4660 FAX (679) 336-4292 - ja-5-.:1-;I:DE.X174S f 7)17 i 3 F 5.—f A) 11+10 z 114)(AAAA -i_7(3LYN MiA0,(\c\t, c;A-/ e'Oem°`"` uic 4`) 14-'1 ,(//e1.7 41,J, 91 - Vo;---16-txscisz-le#u uo,ty ctOkil qu'e-(ot 3 E J r/vA-av, 1AVfs ;L:AitEr L.Ar'4T,1I" E 1.,v -1 / / 005/ e-Ft56674-1 11,44 I A/4 -7 I e/ A I . cify (r9 W\ it•—f C. A (A (119j ° //(16 , 7, 6/04311- 2-e -- /A ; C. ; giA- 5/ L/ c w) 4.1 30 , 3 IiI SPA (? A //'t7L [0/2 s✓0 ,/,/� 0,4 f.S/ p c-r/ f- I L. L. ij/6/17 S e---1t 1)/4Y. /4/1c i/L E.1 S R(‘,4 71/c _D,ev 6, J/,1)%7S 5 FEBRUAKY-MARCH 2008 COLLECTED SIGNUTARES FROM RESIDENTS OF EDGERTON WAY I.GABRIELA ROLAND 943 EAST 91II ST. BLOC:KEI) HER DRIWAY 2. YESENNIACARCIA 926 EAST 8"n STREETS & EDGERTON WAY BLOCKED HER GATE 3. DARELL DANIF.L 827 EDGERTON WAY BLOCKED GATT' AND DRIVEWAY 4. DALETH MJERTA 833 EDGERTON WAY BLOCKED GATE AND DRIVEWAY 5, ELVIRA R. CASTRO (VERY ILL SENIOR) BLOCKED GATE AND DRIVEWAY TO HER RELATIVES. PARKED A WHITE TRUCK V8K62454 FOR TWO WEEKS. 6. EVIE LAMITAR 836 EDGERTON WAY... BLOCKED GATE 7. JOSE JACOME BLOCKED TENANTS GATES, AND 827 DRIVEWAYS. IN CONCLIJSION THE ENTIRE NEIGHBORS THINK NEEDS PARK REGULATIONS. -raAr1C_ JOURNAL DISPUTED PARKING SPOTS WITH ROSA COTA 820 EDGERTON WAY. FROM NOVEMBFR 2007-FEI3RIUAR.Y 23-2008 1. Ford white F-150 Pick up pl. 8K62454 2. Jeep Dark Green 3IJFP895 3. Ford truck Pick f-I50 white 5RO6925 4. Minivan Dogc Caravan White 6CM2703 5. Mazda -yellow SE-5 Tijuana B.C. BM80118 6. Jeep white 5f 11C936 7. Black Jeep 4f L tZ c(j One week of arguments from 2-18-2008 1. Mon. 2/18/08 Asked Cota's moved their car from 926 Edgerton Way new tenant move in Mrs. Cota complaint the us not owner the street. 2. Same day we have a water broken pipe. Sweetwater Authority pick truck repair man needs space to fix pipe (night) 8:30 pm. 3. Tues. 2/19/98 Call at 336-4516 asks for help. Leave message. Mrs. Rony call again 4. 5.29 pm. No help at all. 5. Wed. 20.2008 tenant from 926 ask for help to have an spot to park his car 6. Call police again and help. 7. Thursday Feb. 20/2008 call police again Cota's parked about 10 cars on both sides of the Edgerton Street 8. Friday Feb. 22.At 9:00 pm. Tenant from 827 Edgerton Way that his wife and children can not parked Cota's have a big party. 9. Tenants from 926, 827, husband, Cota's son Luigi, grandsons, were argued about the parked problems. Cota's said that nobody owns the street. All of them told Cota just to respect their fences and spot in front ()Elbe rent properties. 10. Call police at 10:00 pm. nobody shows up. Cota's said the police don't care about this problem. 11. In conclusion 820 is a two bedrooms house living in from 10-19 people. Owns from 1-10 cars such us Ford f-150 pick up, Jeeps, Minivan and Mazda pick up. 7 �.e l>,-C(, u ►3 . 2 d Y 11ywe,36b°��J � Hello Darell and tam 1 am sorry to h about this problem. We ' e so tired about this people of the 820 Edgerton Way. They are out of control My husband and me. We want to get all of us together and go to the police station and person and demand to solve this problem. My husband everytime they broke the rule about parking spots. If they have a lot of car they must built their parking structure. So please call the police they told us to write the car description and the plate license- r&- CX-14-4-4 , �`� _� �eYlOt'��5 r re--0 12 J . �r Page 1 of C.C.S- ti '7A-701'74 '1'111 Aol. A(V'1 n A'Y) '1IC 1'lnnu Location Map City of National City, California COUNCIL AGENDA STATEMENT .4 EETING DATE June 3, 2008 AGENDA ITEM NO. 8 ITEM TITLE \ Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 3 feet of red curb "no parking" adjacent to the driveway of the residence at 1941 "B" Avenue to prohibit vehicles from blocking the driveway (TSC Item No. 2008-15) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMM NDATION Ado n2 the Res' !'�'�• . BOARD / • MI ,S 10 RECOMMEDATION At their meeting n May 14, 2008 the Traffic Safety Committee approved the staff recommendation to install 3 feet of red curb "no parking" adjacent to the driveway of the residence at 1941 "B" Avenue to prohibit vehicles from blocking the driveway. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 1 2. Staff Report to the Traffic Safety Committee (May 14, 2008) A-200 (Rev. 7/03) Explanation Mr. David Ochoa, resident of 1941 "B" Avenue, has requested 3 feet of red curb "no parking" adjacent to his driveway to prohibit vehicles from blocking the driveway. The driveway is located on E. 201h Street just east of "B" Avenue, adjacent to an alley (see photo from TSC staff report). Staff visited the site and agrees that 3 feet of red curb on the west side of the driveway is justified to allow for parking enforcement. The east side of the driveway does not need red curb since it lies adjacent to the alley. The red curb "no parking" will be installed by the City Public Works Department. 7SC 2008-15 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A THREE-FOOT RED CURB NO PARKING ZONE ADJACENT TO THE DRIVEWAY OF THE RESIDENCE AT 1941 "B" AVENUE (TSC ITEM NO. 2008-15) WHEREAS, David Ochoa, the resident of 1941 "B" Avenue, has requested the installation of a red curb no parking zone adjacent to his driveway because parked vehicles encroach into the driveway restricting ingress and egress from his property; and WHEREAS, at its meeting on May 14, 2008, the Traffic Safety Committee approved the installation of a three-foot red curb no parking zone on the west side of the driveway for the property located at 1941 "B" Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish a three-foot red curb no parking zone on the west side of the driveway for the property located 1941 "B" Avenue. PASSED and ADOPTED this 3rd day of June, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney [6 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 14, 2008 ITEM TITLE: REQUEST FOR 3 FEET OF RED CURB "NO PARKING" ADJACENT TO THE DRIVEWAY OF THE RESIDENCE AT 1941 "B" AVENUE TO PROHIBIT VEHICLES FROM BLOCKING THE DRIVEWAY PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. David Ochoa, resident of 1941 "B" Avenue, has requested 3 feet of red curb "no parking" adjacent to his driveway to prohibit vehicles from blocking the driveway. The driveway is located on E. 20th Street just east of "B" Avenue, adjacent to an alley (see attached photo). Staff visited the site and agrees that 3 feet of red curb on the west side of the driveway is justified to allow for parking enforcement. The east side of the driveway does not need red curb since it lies adjacent to the alley. STAFF RECOMMENDATION: Staff recommends painting 3 feet of red curb "no parking" adjacent to the driveway of the residence at 1941 "B" Avenue to prohibit vehicles from blocking the driveway. The driveway is located on E. 20th Street just east of "B" Avenue, adjacent to an alley. EXHIBITS: 1. Location Map 2. Photos 2008-15 Driveway for residence at 1941 B Avenue, located on E. 20"' Street (looking north) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 3, 2008 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City Council of National City approving Change Order Numbers Three and Four with Zondiros, Inc. for the additional work in the total amount of $39,311.86 in conjunction with the National City Pump Stations Rehabilitation Project and authorizing the City Engineer to execute the Change Orders (Funded by Sewer Funds) PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION See attached explanation. J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The funding is available through Sewer Funds in Account No. 125-409-500-598-2014. Account No. 900911 STAFF RECOMMENDATION opt the Resolution ARD / COMMOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Change Order Number Three and Four forms. SC A-200 (Kcv I/03) EXPLANATION: BACKGROUND On April 3, 2007 a contract was awarded to Zondiros, Inc. in the amount of $589,000 for National City Pump Station Rehabilitation. The work included the rehabilitation of four (4) pump stations which consisted of the removal and replacement of mechanical and electrical equipment inside the pump stations including pumps, motors, and electrical control panels. The locations of the pump stations arc 14'h Street at Tidelands, 18`h Street under I-5, 24'h Street next to I-5 exit ramp and Bay Marina at Tidelands. On December 4, 2007 the Engineering Department processed the Change Order Number One in the amount of $3,914.35. The change order was for the Mile of Cars Way location with the storm drain pump. The work consisted of the removal and disposal of existing corroded cast iron pipes and fittings and their replacement with the new parts. On December 24, 2007 the Engineering Department processed the Change Order Number Two in the amount of $4, 1 84.66. The change order was to remove an existing liner and flange encasement, and re -install wet well cover and pipe. PROPOSED CONTRACT CHANGE ORDER NUMBER THREE (CCO#3) The CCO#3 consisted of the removal and replacement of the corroded pipes, spools and valves at the 18'1' Street pump station. The proposed cost for the CCO#3 is $12,818.02. PROPOSED CONTRACT CHANGE ORDER NIJMBER THREE (CCO#4) Since, there are additional funds available in the original budget the Public Works Department has recommended that the following work (CCO#4) be added to the contract. It will be cost effective and time saving to do the work under the current contract with Zondiros. The CCO#4 will add limit switches at all locations, replace the doors at all pump stations, add seal fail sensors to alarm systems at all locations, add switched light in wet well at Mile of Cars location and add new roof at 14th Street pump station. The proposed cost for the CCO#4 is $26,493.84. The change order request forms are attached for further explanation. STAFF RECOMMENDATION The staff recommendation is to approve the CCO#3 and #4. With the CCOs No. 1, 2, 3 and 4 the total construction will he increased in the amount of $47,410.87 from $589,000 to $636,410.87. FINANCIAL STATEMENT The total estimated construction cost approved by Resolution No. 2007-61 that included original hid amount ($589,000) and approximately 20% ($117,800) for contingencies and approximately 10% ($58,900) for the material Testing and inspection was $765,700. The funding is available through the sewer funds. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDERS NO. 3 AND 4 WITH ZONDIROS, INC. FOR ADDITIONAL WORK FOR THE NATIONAL CITY PUMP STATION REHABILITATION PROJECT WHEREAS, on April 3, 2007, the City Council adopted Resolution 2007-61, awarding a contract to Zondiros, Inc., in the amount of $589,000 for the National City Pump Station Rehabilitation Project; and WHEREAS, on December 4, 2007, the City Engineer approved Change Order No. 1 in the amount of $3,914.35 for removal, disposal and replacement of existing corroded cast iron pipes and fittings for the storm drain pump station at the Mile of Cars location; and WHEREAS, the City Engineer executed Change Order No. 2 on December 24, 2007, in the amount of $4,184.66 for the removal of an existing liner and flange encasement, and re -installation of a wet wall cover and pipe; and WHEREAS, Change Order No. 3 in the amount of $12,818.02 is for the removal and replacement of the corroded pipes, spools, and valves at the 18th Street pump station; and WHEREAS, Change Order No. 4 in the amount of $26,493.84 will add limit switches, replace doors, and add seal fail sensors to alarm systems at all pump station locations, and add switched light in the wet well at the Mile of Cars location, and add a new roof at the 14th Street pump station. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to execute Change Order No. 3 with Zondiros, Inc. in the amount of $12,818.02 is for the removal and replacement of the corroded pipes, spools, and valves at the 18th Street pump station. BE IT FURTHER RESOLVED that the City Engineer is authorized to execute Change Order No. 4 with Zondiros, Inc. in the amount of $26,493.84, to add limit switches, replace the doors, and add seal fail sensors to alarm systems at all pump station locations, and add switched fight in the wet well at the Mile of Cars location, and add a new roof at the 14th Street pump station. PASSED and ADOPTED this 3rd day of June, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney City of National City Pump Station Rehabilitation Project #04-08 CHANGE ORDER (C/O) CO it3 Contractor:ZONDIROS , INC. December 24, 2007 A Change Order is hereby recommended for the following work in the amount identified belov Description of C.hange in the Contract This change order is lbr the removal and replacement of corroded pipes, spools and valves at the 18th Street pump station and credit for well covers that are no longer required. Cost Reconciliation Costs were reviewed by the City Project Manager and negotiated with the Contractor. Construction Contract Accounting Summary Original Contract Amount: Net change by previously authorized Change Orders: Contract amount prior to this Change Order: Amount of this change order: New contract amount: 589,000.00 8,099.01 597,099.01 12,818.02 $ 609,917.03 Original contract time (working days): 90 Previously approved additional working days: 2 Additional working days for this change order: 0 Original contract completion date: 1/29/2008 New contract completion date: 1/31/2008 Approved by: If Principal Civil Engineer r Date 3 -` 7-D5 Construction Manager Date socia Contractor/Z.( iros 43 108 1)atc City of National City Date City Engineer Construction File 7onrlirrw tnr CITY OF NATIONAL CITY SEWER PUMP REHABILITATION PROJECT #04-08 CHANGE ORDER #3, worksheet Description of Extra Work_;. Da ofxwa k; Subrriutte l Cost • Totals 18th St. R&R DI pipe, spool & valve 10/23/2007 338.06 10/26/2007 407.95 10/30/2007 632.24 1.1/8/2007 955.64 11/9/2007 1,911.33 11/15/2007 1,003.33 11/16/2007 5,022.30 11/30/2007 1,367.08 11/19/2007 1,911.33 11/20/2007 749.78 11./71/2.007 749.78 Subtotal 15,048.82 Delete well covers (2,230.80) 12,818.02 City of National City Pump Stations Rehabilitation Project #04-08 Change Order (CO) Contractor: Zondiros Corp. ATTACHMENT -JUSTIFICATION FOR CO REQUEST CO #3 The existing piping, flanges, spools and valves at the 18th Street pump station are in a state of disrepair and cannot be salvage for this project. Their replacement is not a part of this project. These costs arc for their removal and replacement with new parts. The contract requires that the contractor provide 3 new wet -well covers. The existing covers arc in good shape and do not require replacement. This credit is for their deletion from the project. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL -TITLE PAGE CEv1-4902A ;NEW 7r94) CT# 7541-3496.7 Cor Tact No. Date Perc•mec — Cate c` Repor Con. Jot No. I Cc..^.t. Rat. No. 11/21/C7 11;30/07 184 32.0 02 JA'OrK Pe'`•orned Be CASEWB 32.3 CC , No. Repor. Aa. 'age 184 002 1 of 2 E.,'!. • A.". ' JJ°r S. R'W rFancerirg f •- FA ! LS , UP =A . LS r UP BR I �!-Wgr= I } _Dela. _Cn,— X i I N; N i N i '\: N _L_ . . Zondiros Corporation Descretic" o.` Wo!k J3 Instail New 8" DI Pipe For Resident Engineer's Use Only New Bl ' ! Resuxni ;al ;Total Ec j pmert \Al 3:3! Ma:e-ia•S (°) I� App•ovec for Paymer..: —! Retared for C:Tec o 12a:e Receivec Date o` Actior Attached to This Bill Are: I Labc' Charges CEM-49C26 I Equ pmect Charges CEM-49C2C Mater:al Charges CEM•4902D Total Cost Summary, Standard Mark.Ups 8 Subcontractor Mark -Up Sut:C1a Equipment & Materia s ;A) + ;B) % S! � I S13nc 3r[ rv12"K-lp Total Equipment & Mate: ia:s IA) • (B) + Standard Mark-up Total °.egular Labor ;C) 12 °; Reguia _ab S.a_ha•ge • Total Prem.J:n L3bc- ,C) 12 Labor Surcha-ge Suc:otal ..' egula: & P:em.:uT (C+C) Subtotal ;CI • ;C) - Reg;: ar Surcharge • P,emlum Sur_har_e Teta: Subs stance ;E; Jpgra?J•e iRes,cenr E; dmeer S cna tt.'e f P'•Te resenta:.. e, I 76.367 0.00 76.36 11,45! 87.81I 444.40J 53.321 i 0.00 0.00 444.40 497.721 0.00! Total Other Expenses (F) Subtotal ;Cj + (D} + Regular S&.rcharge * P•e.r.J.T St/charge - (E; - (= ) 33 S:arcarc Marks.;. T::a' Labor GO) + (D) + Surcrarge * (E; • (F) - Markup Tc:al Ecuipment & Materials Tota Equomert & sater:als • Labc- 0 % of MarK•Jp cn SAbcont-ecteo 'Nark (Or' y; Grand Total n case or Qt.estlon Res der! Engineers vse Only; Fry' 94 1a91 White - C'a:a Entry Canary - Sas_aect E lgireer Pink • Cott tractor Nacre Goldenrod - ::,c-wactor 9Lsirese Phcle 0.001 497.72 164.25 , 661.97 87,81'. 749.78? 07(531 749.78 =v' 5 •=W3i;s.con i STATE I ,LIFORNIA - DEPARTMENT OF TRANSPORTATION EXTRA vvORK BILL (SHORT FORM) CEM-49C2 (OLD 11C-24C REV.7/94) CT# 7541-3500-8 Coc:ract No C iWB 32.0 CCC No. P.ecor, No. 184, 002 Date 7-erfor.red Date of Peon 11/21/07 11/30/07 forK Penorred 3, 02 - Zondiros Corporation Cost .00.rsc Con:. Rp:. No. 184 32.0!'; �..";. A.C. l eq. SCY% Sub RAN Paare-Ing Labor ::CI C ess NCI Rate LS I UP FA I LS JP S Y' W Worn Delay Sw43' SUR I N i N I N ! N t•• 12 I ,3 �escr no`N-rk Install New 8" DI Pipe Equ•p IC N.imbe• 450-008 05 . C3 Equipment Charges $749.781 $87.81 _c. rr ant Dess2t or. Class .Make Code TRUCK T&TT ; 06-12 Alla_'t I 1 Regular Coen r+e '-wrs Hours 4.00 0' j I C9 For Resident Engineers Only 8 .' JJ Res Jb r.ttal 09 • t� I , vencorrare 24 ' I Invoice Desc•iat on Approvedfor -_ �ayr.ent r"' •1 ReIJrne0 for Co'-ect.on Dare Receivec Dale c` Action Material and/or Work Done by Specialist or Lump Sum or Unit Price Payments .nvo. umter l Units Unit Cost or Net Pay Mo;Day'Y• Veidc•.vare Invoice Descrip:.on Irvc:ce NJmber Units i Unit Cost :r Net Fay Mo;Dayr' Cah ID tr. 34 OE �E Cueva • 35 • 36 Labr Name Last Labor Charges Laoer Reip a• Hcvvs Ovattime Hours Ram I Hra Ra:e Rate J S,bstsience $661.9i1 4.0 ; 42,000 27 ' 39 3y 40 LBR ; E ; Cueva LBR • L ' Cueva 4.0 34.550 I _ I 4.0 i 34.550 -1 Sig ns:L e (' s,aenr E/'3'neer) Ir Case of Cuestior Corta l 'Res;cent _ngheer•a Use Only, Cor.:'aetsis aec.eseotal'✓e, I Name FM 94 2020 .'d W n:te - Data Entry Canary - Resident Er;nee- Pink - Contrac:Or'<'erA p'cra0 Goldenrod - Conraciur 3JS ness Phcie .".'roach - c A 'Brlrs. com National City Pump Station Rehabilitation Project No 04-08 As of 11/29/07 Subject: CCU 18th Street Pump Station. Install new 8" D.I. Pipe 1. Summary. Date (hours) _ Description 15 Nov j 16-Nov 19-Nuv 20-Nov 21-Nov 1. labor 7 5 4 8 Foreman 8 4 Laborer 2G». 8 3c.AB 15 3LA15 24 2tA, 8 2LAB. 2 Equipment 4 1 Ton Utility truck 7 5 8 4 Crane (rental) See Note 1 3. Materials none 4. Other none Notes: 1. Contractor rented crane to lower pumps. Crane also used to haul out the existing 8" D.I. pipe. 2. No Dump fees. Debris placed in approved dump bins at City 22nd Street yard. Jq 15o STATE OF L FORNIA • DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL -TITLE PAGE CEM-4902A (NEW 7/94) CI'S 7541.3496-7 CAS.-eJB 31.0 Contract No. OCO No. 184 002 Report No. ' Pace 1 of 2 Case ae'xnec -- 11!20/07 . Date c` Repc.". 11 /30!07 Cc, Jot No. . Ccnt Rot No 184! 31.01 02 vWrk Performed By ---- Zondiros Corporation I 5.'W. A.(;. •• ' Sc% Suo i FIRM Panrenrg ' FAILS UP I FA . _S _P 13R I F ab work Delay SN:C'1 ' x 1 N N N N N I Des:rip:ion o".vori 33 install New 8" DI Pipe For Resident Engineer's Use Only I Nev. Bit ri Approved for Paymect Res'_l: r ttai _ Ret:,:ned for CometVon Date Received Dare c' Action Attached to Thls Bill Are: Labor Dharges CE :"•4902B Ecuipment Charges CEM-49C2C (-1 Ma:erla. Charges:EM-49C2C Total Cost Summary, Standard Mark -Ups & Subcontractor Mark -Up rb:a EgLiprsent (A) Total , a:eriais (e) SJbtotal Ect. omeet & .Materels (A; + (6) 11 Standard Mar t-Jp Total Equipment & Materials (A) + (8) + Standard Mark-up Total Reg..lar Labor (0; 2 % Reg.,iar Laoor Surcr.a-ge Total Pram um Labor (D) _2 °': Prem. L n Labor Sucharce Suttotal Regular & 3renium (C+D) Subtota. (:; * ;C) +Rag J,ar Surcharge + Prenlum Surcharge .To:a' Subs.sterce (E) Signature 'Reser' Eno -nee', 76.36, 0.00 76.36 11.45i 87.81 L_ 444.40 53.321 Tc:a: Other Expenses (F) SL3total (C)+;C)+.Regular Surcharge - Pre-r um Surcneroe + (9) * (=) 33 % Standard Markup Total Laoor ;C) - (C) - Surcharge + (E) * (F) - Ma•kup rota. Equipment & Materials Total EgLIp-cer.t & Materials * _abor 0.001 0 i °'° a` Ma•k•up cn SJboontracted Work (Only) 0.001 444,40 497.721 0.001 Grand Total 0,00. 497.721. 1 164.251 661.97 87.811 749,781 0.00 1 749.78: S:orOonuaears 4ecresenlaF: e, Fr: 94 1992 M In Case of Guescon: (.Reside'! Ens;reer's Use Cray; Name BLsiness Phone White - Data Er:ry Canary • Resident Er; -nee- Plnk - Contractor 'bkerAporovet, Goldenrod - Contractor .5Wioacc • E'43iils.co'r ,STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL (SHORT FORM) CEM-4902 (OLD HC-24C REV.7/94) CT# 7541.3500-8 CASEWB 31.: Contract No. CCC No. Repot No 184! CO2 Ja:e Pe..^-nec i Date of Report Cost JOD No. . Cc'it R0; Nc E �.'+ • A� La, Su: R/W Ra9redng Labor � vJCi Class 7 J:�I Rare c- 11!20/07 1 1 /30/07 1841 31.0r': j `T IA I UP I FA -S LP i St:, F'l g I V:o k I DeNa swin SUR ':/Ork Perforreo 8 L 7 C2 Zondiros Corporation $ 49.78 C3 ;esOripaOrC".Jpr�: Install New 8" DI Pipe D5 Da Eq...p C NI.r.Jer 450-008 Equipment Charges $87.81 Class Equipper; Desu.oticr Make Code TRUCK T&TT 06-12 Attach - I i RegL.a• Dvenlrre Mows Hors 4.00 For Resident Engineers Only 07 New Bil I Resjbnitlal Ob r- 09 10 Ap oroved 'cr _-- Payment Returned for I.__ Corrector. Date Received ! Date cf Action Material and/or Work Done by Specialist or Lump Sum or Unit Price Payments Va.n=J' Name Invoice \Lrner ! ' ..Tvc ce Cescript:on Ur,ts Jr..: Cost or Net Pay Vencor Na.re In oice Desor p;ic'1 M; !Day.N r Irvo'ce Numoer Mo.'Day.Yr U'n.:s Labor Charges I Jo.: Cos: or Net Pay 1 $6S1.97' Lacer Narse Labor Regular Hours C'atti7 it Lest 1 Hrs—t_ Rate 34 OE E Cueva j 4.0 42.000 35BR E Cueva • 4.0 34.550 • -- . r-4.0 34,550 ,37 :C 39 4.3 Hrs Dvenirre Hcu.'S 5jbsiste1ce Rate ..^ns Rate -1 Si;-alure ;ResrcebiSoorreer/ In Case of Question Contact: (.Resioe1t Eig,reer's Use Onto ;^at A=_ 'Fine i.:.^r: ac:r's Re}raser'aC:e, NaTe Bus Hess Pnc.'1e S4 2020 M Wnite - Data Entry Canary - Resicer; Erginee' Pink - cto, er Apca Goldenrod - rac:or National City Purnp Station f?ehatrilitalioti Project NO. 04-08 As of 11/29107 Suhjecl: CCO 18th Street Pump Station; Install new 8" D.1. Pipe 1. Summary. Description Date (hours) 15-Nov 16-Nov 19-Nov 20-Nov 21-Nov 1 Labor _ Foreman 7 5 8 4 4 Laborer z . 8 3 u45 15 3br.g 24 2 L4, 8 2 t4%. 8 2. Equipment . 1 Ton Utility truck 7 5 8 4 4 Crane (rental) See Note 1 3. Materials ^� none 4. Other none Lt4t S Notes: 1. Contractor rented crane to lower pumps. Crane also used to haul out the existing 8" Di. pipe. 2. No Dump fees. Debris placed in approved dump bins at City 22nd Street yard. Jq 50 STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL. -TITLE PAGE GEM-49G2A (NEW 7 94) CT# 7541.3496.7 Date Perc•mec Da:e of Reoor. 11119107 11/30/07 Ocn. JOC No. Ccnt Rp:. No 184 30.0! CASEWB 30.0 Contact No. COO NJ. Keoc1,No. j Page 184 002 i 1 of 2 E.W. A.C. ' c0 Soo I RNA Panner np . - FA •LS '..p FA -F—c .P~r 3R ! °lac Work ; Delay Sw;:cr I- X' IN NI NINN C2 - Non( Pe -for -red By Zondiros Corporation Jes 'ip;ior.o-k Install New 8" DI Pipe For Resident Engineer's Use Only Cate Rece red New 6.! Approved `c- Payment Cate of AC:icn i Pesuomi:tal Reci.med `c• Ccr•ect.or Tote: Equipment (A) Total Mate: als (B; Attached to This Bill Are: Laor Dherces CE '-•t9025 Eql. omert Crar.,es OEM-49020 I Material Charges CEV-4902D Total Cost Summary, Standard Mark -Ups & Subcontractor Mark -Up Suototai Eadipnen: & (A). (6) . % Stancarc Mar->Jp Tota: Equipment & Materials (A) + (6) + Standard Mark•up Total negula' Labo• ;C --1 2 Recu at' Latcr S..r_harge :a P-ern L^r. Labor lD; �.� % ram Jm ..acc- S J•c nar9e ...-- -... S•.ILtotal Segu ar &=-enium ;C-D; Sut:otal (C'. + (D' • RegLlar St. -charge + Pre,rn Jrn S, cnarge c:e SJLsisterce (E) 152.7Z 0.001 152.72 22,91� 175.63 1,165.20! L 139.83. 0.00: 0.001 1,165.201 1,305.03 0.00 Tota. Other Expenses F) S.,btotai (C;• + (D) + RegJlar Surcharge + °renium Surcharge +;E) + ;F; 331 w Standard Marxub Total Labor (C) • (D) + SLrcnarge + (6) + (F; - Markup Total Equipment & Me;eria s Total Equipment & Mate'ias + Labor Q I % of Marc -up on Subcortrac:ed Work (Only) Grand Total gr:at, re ,'%[!s'Je.^t Ecy•^CL•!' S ynalJre :°,'ne'?e,YEs9.^.'31ne; Wr;te • Data Entry Canary - Res der Er,Tr.ee- Pink • Com•ac:or i?F^'Ac' 0.00 1.305.03 430.67 1.735.70 175.6.3 — —1 911.33 0.0 1 1,911.33' In Case of Ouestior rtes'der' Evgrreers .se Cr',') —I-Name Goldenrod - CO.^:rac:Dr BLsiness Prore F. FV t o 1992 M i I 1 ( ! i ,Resuo•n!ttal —' Ret�-ned `c- OE 1 i I 1 i______ ' Cc-rection 1.. --- -1— --- 1 __I__— _ ; I 1 Cate Repe.ved Date Of Ac;ior L C9 `-� ';er.dor Name 24 .:JiCe Ces:nptici —r Material and/or Work Done by Specialist or Lump Sum or Unit Price Payments Invoice Number Mc.'Day/Yr I Venda• Name `a ' Invoice Descn2; an Units ten,: Cos; Or Net Pay 1 invoice NL'r er • ML/Davi.. _-___ C�4 E' . I-4 j Last Has Rate Ms Rate lints Ra:a OE E Cueva 8.0 1 42,000 LBR E Cueva ! 8.0 34.550 I 1-- 3E . LBR L Cueva 8.0 ! 34.550 j I --- -- — - I 37 ' LBR O ; Martinez 8.0 ' 34.550 S1,735.701 • 35 . r Ir. Case of Cdeation Ccntac;: 'Resident Er31/2eer's vse Ocy; Signalt Name , BJsiress Pine t.re (';'ale Cxrar; , peceseva5ve,' Sigratve rRes;cenr F.�grceeq STATE 0' LIFORNIA • DEPARTMENT OF TRANSPORTATION EXTRA . dRK BILL (SHORT FORM) CEM-4902 (OLD HC-24C REv.7194) CT#7541.3500.8 C :WB 30.') ; Contract Vc CCO Nc Recor, No. 184 002 Cate Pe1orned Date of Report . Coat JOC No. Cort Rpt. Nc E.W. i A.C. : Bn r SC% Sua R :r Pe.7reriyi Laxr ; WCI Cass ; wci Rate / r0 / I - • I FA LS l,P FA I LS i UP SW? =lap Work Delay Switch SIR , �t 11,19,v7 11,30l07 I 184, 30.0' , x ! N v I N N N 12 _ A/or,=-3rforr3d 3; I Zondiros Corporation 51,9".33 Desc-Iptior of ,roar, 23 Install New 8" DI Pipe Equipment Charges $175.631 =q tip :C Vlr^bar _ Eqc ornev Desrlp: a1 Reatilar - 3.er•.,,e For Resident Engineers Only c ass 11"30 Coe Attart 1 I•.Ours Nct-7 ' 450-008 TRUCK T&TT 06-12 8,00 Approved for 1 _ 'dew 3111 Payment 5 Jn:ts Uni: Cost or Net Pay Labor Charges aeo• Ne•ne . aao• Regular N3,rs Overtime Have SLosaler-e 'trTi S4 2020 M Wnrte-DataEi^; Canary - ResidentEngireer Plnk •Ccntra:torf-"erAppro:aq Goldenrod -Contractor EV,TGich-EWBii;s.corn National City Pump ttatiun Rehabilitation Project No. 04-D8 As of 11 /29?Oi Subject: CCO 18th Street Pump Station; Install new 8" D.I Pipe 1. Summary. Description Date 15-Nov T16-Nov (hours) 20-Novi 19-Nov 21-Nov 1. tabor 5 8 Rieman 7 4 4 Laborer 2. LA). 8 3Ug 15 3L,.3 24 2t+b 8 zt,tB. 8 2_ lquIpment 1 Ton Utility truck 7 5 _ 8 4 4 Crane (rental) See Note 1 3. Materials none 4. Other none Notes: 1. Contractor rented crane to lower pumps. Crane also used to haul out the existing 8" D.1. pipe. 2. No Dump fees. Debris placed in approved dump bins at City 22nd Street yard. iq 15o STATE 0 .IFORNIA - DEPARTMENT OF TRANSPORTATION EXTRA 4...)RK BILL -TITLE PAGE CE:V1-4902A (NEW 7,'94) CT# 7541.5496.7 DI Date; e-orrec ' Da:e c'.Rapor. ? Cc.n. Job No. r Corr. Rpt No. 11/16/07 • 11/30/07 i 184` 29.0 C�. _WB 2.0 Contract NJ. CCD No Repor. No. Page 184 , 002 1 of 2 2,2 `%:c-k Pert -mac By Zondiros Corporation 79 C9scr.p:icnc'Vick • E.W. t A.C. I ' 50'. Su R`t'. Fa trein; FA 1 L$ i .P FA ` LS ' VP BR 1 F aq Wc'k Ce av Switcr ' X 1 i i L. _i N N N : N Install New 8" DI Pipe, Crane For Resident Engineer's Use Only , I New B, • L_ ! Aporcaeo for Paymer: 1— ' ?est.bT dal Re:Jredfor Correct on Date Received Cate of Ac: cn Attached to This Bill Are: Labor Charges CEM-402S EgJipment Charges CEM-h9 2C Matecal Charges CcL'-4602D Total Cost Summary, Standard Mark -Ups 8. Subcontractor Mark -Up �TOWI EcJipmer: (A; Tc:a' Materials 18; Suatctal Ecu Jmert 3 Mater,al5 (A; • (B; 5' %S:aroa,•cMa•v.-up Total Equipment & Materials (A) • (B) + Standard Markup a:a. Re.gOar Labor (C) • 12 ; ',% Reg;. a _atcr SJrcha•ge • Pre.T•:am Labor ()) 12 % Prerr,J.T. L.aoor S, rc'-arge, I S:.c:cta Regular & P-ernit.r (C+C; S,,btotal ;C) - IC, * Regular Surcharge - Prer UT. Surha•ge :Tot31 Sccsis:e.nce (E) 95.451 150.00 245.4g 36.82 282.27. 728.25 87.39 0.00 O.O V, 728.251 815.641 0.00 Tota Ctrer Expenses (P) Suototal (C) + ;D) + RegLIa• Surcharge - Pre.T•Jr.. Su-cna•ge - (E; - (=) I 331 q, Standard MarKup T. a:al' Labor IC) + (D) + Surc.arge + (E; • (') • Markup Total Equipment & Materials Total Equipment & Ma'eials I 0 i % a' Mark-up on Subcontracted Wors (Cniy) Grand Total L— 0.00i 815.64i 269.1 f 1,084.811 j --- 282.27' 1,367.0 0,001 1,367.08, '.gnature crg;neert In Case or Question (Resident Engineer's Vse Only) Sigr alL'e Q9F.'eseliative) Name TBJs .ness Phone I i 94 1992 M W.:te • Data _cry Canary • Reslcent Erg-.neer Pink • Cor:rac:cr '_a"erApprova,, Goldenrod • Contractor EN,'oa'cn • E4Bills.cc.'c STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL (SHORT FORM) CEM-49C2 ;OLD HC-24C REV.7/94) CT# 7541-3500-8 CASEWB 29.0 C7.3t-act No. j CCO No ' Report No. 184 L 002 1 Date Perc:mab Da:e of Report CcM ucb No. 01 11 i 16i07 j 11130!07 i— Apr.:Pe.:forneo By Zondiros Corporation Descro6bnofNark Install New 8" DI Pipe Crane Con;. Rp:. Nc. 184 E. A7 •t, 1li4 2� oi�+XtLSiUPjFA':S,UPS,'r SCS: Sub er ig Lebo- WC C ass WC Rate Flap Work 1 2e.ay Switch I SL'R N N N N 12 Si 367.08 Equipment Charges $109.77! Eq . p IC N.rmber Egvpment oescr,occr. Reads^yer me For Resident Engineers Only __ __ Class L Make I Code Attach HCL's HCurs = . 450-008 1 TRUCK • T&TT i 06-12 ! 5.00 i --. r -1------ I �J �!1 Nev. Bill r Payment 'or • C5 • 0' oe • 09 i i I I r F j Rest.cmica• j Rel.,rnec for Cores icn i Cate Receives I Date of Act oa Material and/or Work Done by Specialist or Lump Sum or Unit Price Payments - v29tlCr Name A -Line Crane Service 24 IrvC ce DesC-Ipt Pr: Crane i 'un.:s 1.000 ..,n. Cos: or Net Pay 25 vender Name $'. 72.50 N.a;Cay,ti Invoice Descr 24 Irvoce Number Units Unit Ccst or Net Pay 150.00 Mc:Day-r Labor Charges $1 084.51 Crag ID OE i E Cueva Later Name Last as LBR ' E Cueva 42 Labor Regular Hogs . Hrs A Rate ! H-s Rave Urts I Sate 5.0 ' 42.000 5.0 1 34.550 5.0 •, 34.550 i 5.0 34.550 Cver..me -ours Subs ster:e LBR . Cueva LBR 10 I Martinez Sigra:.re ;Resicertsag:^ee•, 0or"a^!Cr'S ReJ'65er;arNP1 ^A 94 2023 M • Wn;te - Data Er:r, Canary - Res centEngineer P-.nk • _o.ttestori•• rtNane __ ..._. . Goldenrod-Cortrac;cr In Case o! Qcestlor Contact Res.cenf Engineer's vse On,y, BLsiness Phone Ey: C�iVa;s.Cc7n. National City Pump Station Rehabihtalion Project No. 04-O8 As of 1 1129101 :.Subject: CCO 18th Street Pump Station; install new 8" U.I. Pipe 1. Summary. Description Date (hours)_ 15-Nov 16-Nov 19-Nov 20-Nov 21-Nov 1. Labor _ T� Foreman 7 5 8 4 4 Laborer 2 L43. 8 '3LAB 15 364} 24 2 LA, 8 z.&AB. 8 2. Equipment 1 Ton Utility truck 7 5 8 4 4 Crane (rental) See Note 1 3. Materials none 4. Other none Notes: D 1. Contractor rented crane to lower pumps. Crane also used to haul out the existing 8" D.I. pipe. 2, No Dump fees. Debris placed in approved dump bins at City 22nd Street yard. lq (� STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL -TITLE PAGE CEM-4902A (NEW 7/94) CT# 7541.3496.7 c. i Date Pe!c>nea - - I bate of RePort ; Con.too No Coit Rpt No 1 - - 11/16/07 1 11/19/07 L — 184 - 27.0i o2Jl c x Per+ormed 8y --- Zondiros Corporation ---_.. ;; DE'crlctip�ofb:"- Ferguson, Valve & Fittings 18th Street For Resident Engineer's Use Only — — Date Received New Bill Resuomit2 ITotal Equipment (A) [iota. Me eia s ;B) AporoeodforPaymert Returned fo• Co'rectior Subtotal Equipment & Materials (A)* (B) 5 % Standard P.tar•up Total Equipment & Materials (A) + (B). Standard Mark-up 'Total Regular Labor (C) i 12 5c Rege a Laoor Surcharge I 7c a. Pre.'r . rn Labor rD' 1 2 i %Premium Labe' Surcharge Subtotal Regr, ar & 'reniuT (C+Di Subtotal ;C) + ;D) • Segt..a- Surcharge - Pre-nwn Surcharge Iota Subsistence ;E) Ca'e of Action ---' —' CASEWB 27. Cortract r;c CCD No , Report 'Jc Page —---1F34J 001 — — 1 of 2— — E.1':. - ' SC'n I Sub RNY Parser na r—_ FA LS LUP FA lS 3R 'qec Won Uelati I Switch + 1 X l N' h N N I N Total Cost Summary, Standard Mark -Ups & Subcontractor Mark -Up 0.00, 4,367.22' 4,367.22' 655.08 5,022.30, 0.00� - 0.001 0.00 0.00. 0.00; 0.00! 0.00 Attached to This Bill Are: i l Labc- Chorga CE ;r-4 C2B Egcp'roct Charges CE :f-4d0<"C :'ateral Cha•ges CEM-:GD2D To:al Cher Expenses (F) Sub:c:a: (C; + (D) + Regu ar Surcharge +premium Surcharge + (E) + (F} 331 Standaro :rarkup Total _abor tC) + ;D) + Surcharge . (E) • (^) + Markup Tote' Ecuipmert & '.tater.aIs Total Equ'pmort & Ma:e'ials • _abcr r 5; of :'arx-uo or Subccnt-aoteo 'T:ork ;On Grand Total 0.00 0.00' 0.00; 0.00 5,022.30 5,022.30'l 0.00 5.022.30 —Siglature 'Res:yer: E.,grneer, S:gral,Lre a'irra Ccr'•ae:Jr.; A'e;'esen:a'we, Name In Case of Questior 'Re;:Jec: Engmears .,$a C.-» i BI.s 'c-as P Fore F!d 84 1992 "d White • Data Ent' Canary . Resident Er gneo- Pink - :-actor •Atte•Ac; Goldenrod - Contractor 34 I 25 38 37 25 39 40 '--S1ATE OF IFORNIA • DEPARTMENT OF TRANSPORTATION CASc)/VB 27.0 EXTRA WORK BILL (SHORT FORM) CEM-4902 (OLD HC-24C REV.7/94) CT# 7541-3500-8 I1Contract No. 184 001 i --TCCC No. Report No - ' _:_ _ _... . :FENTT, P' aP i - Lab_o_r ,—. w- l_Ci ;Rae Dae Peorrec C:e oRepo/ Cos: Job No. Con. LSPJ. S'A•eI or. Del • Ss.-suP 01 11/16/07 11/19/07 184. 27.0.;! I 9 N j_. '2 031 scrip: on of Nor+, — 02 i ' Zondiros Corporation $5,C22.30., - - I tor Perormed 6- Fer_guson, Valve & Fittin_g 18th Street _ Equipment Charges • ECJip ID NJrnoer EcJipmeet Dasvtipt on ReeJlar i Ovetrre i i t Class . Make T Coce 7-7C:tact i 1,.1rd For Resident Engineers Only .1 1 .! , ; — i N9W B: 7 _,...' ApaPyPnrcev,V kt 04 05 06 0' 08 ; 09 le Vendor Name Fergusons 24 Irroice Description Units Valve & Fittings, 18th St 1 4 -t Returnee for Rest.bmitta Correction 1 I Material and/or Work Done by Specialist or Lump Sum or Unit Price Payments $5,022.30 : Invoicai-Nrimter 239959 VDaY'Y. 11//0 167 - 7 utt cost c• Ne: Pay I 1.000 4,367.22 Verdor Narne .nvoice Number IY:3;Daer i 25 Invoice 0es:rip:ion ! Units : Unit Cos: oii Net .ay ----. Labor Charges Labor Narre Labc• Regbiar H-t ours . Oveirr a Hcvs . SJtsistence i ,t Last HHr Hs Rate s • Rate 1 Units _... _ Rate Crab ID r ' I . ' Dale Renivec Date of Action —1 Signature Res,c'ens .Eng,nee, Signature (..rrne ::entractcr's Rerresenfal:vel FM 94 2020 M 1 --1 Iri Case of Quest cn antact: Elgireer'S L'59 Bus:ness Pions, Name White - Cala Er:ny Canary - Resident Engineer Pink - Contract°, (116e' ARcrova'.) Goldenrod - Cortracxf EVPouch - EWBh;s.cori rti,f777, r• ax •,O W,. tit) .Z..) 1, Ii% F. vt/1/vvr rnx nt,: vcf FERGUSON Waterworks I1=RC:USON WATERWORKS #1083 1 19E9 TECH CENTER COURT POWAY, CA 92064 FAX DUPLICATE INVOICE' Deliver To: 1 oft SOCA1. SI.O From: Joasm 'Ilii se Comments: Please Contact With Questions: 858-391-3700 Invoice Number Customer Page 0)39959 10824 1 Please refer to Invoice Number when making payment and remit to: ruPGUSON WA1rRWOPKS k 1082 1IL( 56809 LOS ANC,FI ES. CA 900/4.6809 Sold To: 70NDIROS COI1P 184/NA1 "1 CI IY PUMP SIN SI LOP E401 W 2U8I H SI #r: -8 TOTAL WVi,c t+ 7.21 Ship To: LONDI?OSCORP -184/NAU' I CITY PUMP SA I ION . ?MOST X IIQOVFR AVE NAI KJNAL C ITV. CA 91950 Ship Whse Sep Whse Tax Code Customer Omer Number Sales • Person Job Name. Invoice Date Balch 1086 1086 CA 19 184 MAA 184/NA1'1 CITY PUMP SIN 1 1 /05/2007 1331 1 Ordered Shipped Item Number Description Unit Price UM Amount »» 1 PLT RCVG «« REQULS!£D IIY• LSTEBIAN 619 339-1816 2 2 SP.F74.5x 8'FLCMAAPC #745 FIG X RC, CHK VLV 693.227 FA 1386.M PART 0 2386 4- 4 1LR9X 6171C110f16LR908ENI7.., 208.Ixx1 LA 832111 2 2 I)LSTX72 8X/2 f1GJ(F1GDISPL.• 325.660 I -A 651.32 2 - 2 RXR i0109/5(X77571 1 8 EX I11ANGf COUP 9.75-9. /5 55 £LOX 22/.340 EA 454.68 10 10 NE( 1150f I t"Ax 8 150f/ NEOP C IO INS 1/8 F1 GSKI 5.966 LA 10 11/ SS6FLIPLSFTUX 6 8 SS 316 H.G N&I1 Sr7 38.304 1 A 383.04 Invoice Sub -Total Freight Tax A767.04 26/. 34 332.83 TOTAL DUE ---> 4367.27 ALL -ACCOUNTS ARE DUE AND PAYABLE PER THE CONDITIONS AND TERMS Of THE ORIGINAL INVOICE. ALL PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE AT THE MAXIMUM RATE ALLOWED BY STATE LAW PLUS COSTS OF COLLECTION INCLUDING ATTORNEY FEES W INCURRED. FREIGHT TERMS ARE FOB OUR DOCK UNLESS OTHERWISE SPECIFIED ABOVE. COMPLETE TERMS AND CONDITIONS ARE AVAILABLE UPON REQUEST. 4 STATE OF C )RNIA - DEPARTMENT OF TRANSPORTATION EXTRA WO<K BILL -TITLE PAGE CEM-4902A (NEW 7/94) CT# 7541.3496.7 CASE 27.0 Contract "J 1 C Report ' Page 184 001 • 1 c' 2 . n E , j____A.C. • 50%1 94., RN, • Flne-inc 1 01 Date Ferfc-roev, Date of Reoort Con Job No. Cont. Rpt No , • •_1...A. LS FEJF ' FA I LS ....R BR Flag 1 won, ;:elay Switcr 1-----L 1 1/16/07 11/19/07 1841 27.0 1 - x ! ! I —I— iN;N.N' N N • i _L__ -02 i Wol, Performed By Zondiros Corporation Desc-ictici of ‘..•::;!'k Ferguson, Valve & Fittings 18th Street ... 1 For Resident Engineer's Use Only I_..... Cate Rece.ved i 4. t ew Si! Approved for Pa>. -rent Tate of Attic" ResJbmitte. Returned for ;...'orreotior __.. -------.- Total Cost Summary, Standard Mark -Ups & Subcontractor Mark -Up •-•••. .....c) !-otal EquipT.ent :A) I 0.001 trotal Materials (E) - ea, /74 Subtotal EoLicrrent & Matelals (A) + ;B) L/ 67. -Z. I -."24796446, 1 r 1 5 % StancarC Mark -LP 6, 5.5. oe,. Total Equipment & Materials (A) + (B)+ Standard Mark•up i 5,699.98 1./ Total Eck.mmem & Materals Total Regu ar Labor (C) 0.00 2 % Regular Labor Surzharoe 0.001 'Total Premiurr Labe- (C) 0.00; 12 ' % Premium Surcrtarge 1 0.001 Subtotal Regula• & Pre7rdun 0.007 St.olotal C)-;(CP, - RegJiar St..-clarge • Pe -'um Sccoarge 0.00 'rota. SJtsistelCa ,E) 0.00i ginat.tre (Pes.0er.: Egge•sed Attached to This Bill Are: Cna-cos CEV-49026 lj EcJipment arg,es CENI49C2C r Materi& Charges CEV.-4902D Total Otle• Expenses ;F; Subtotal ,,C) • .,D) • Regular Surcharge • Premium Surcia;ge ;E) + 331 % Stancarc Maltup Tcta! Labor (C) + • S.troha-ge - (E) + :F) • Markup TaI EcJirrert & Mate-iais + , ! o. ars-Jp or. St..bcontracted Worn (Only) Grand Total 0.00 0.00! 0.00; •=4;*99981- azAq 0.00i -575-gerasi--! 4/ 5;04Z • 0 5' 020 azure Pepreserrove,. FM 94 1992 M Case c' CJeston• 'Res,dent Ergpleor's Use C.,A') Narre Bus•ness Phone _ . White - Data Eit-y Canary - Res•den• Eng nee- Fink • Cg-tt-actor Aova.; Goldenrod - Contractor - • STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION • • EXTRA WORK BILL (SHORT FORM) CEM-4902 (OLD HC-24C REV.7194) CT# 7541-3500-8 CASEWB 27.0 'dor tract Ne COG No Regor, No I 184 001 • Da:e Performed 1 Date of Report i Ccs..c4o " Ccit Rot No E.w. A 'LT-7'13R 50 SA> ! Partneorgi—Cabor CIIss •ArCI Ca:e -, 01 11/16/07 11/19/07 184 ! 27.0UP ./ L§7 OrIS\N F 11 0e•1y I SuR N 12 Pert7med By 02 ; Zondiros Corporation S5.699.981 i descriptor. of Work Ferguson,_ Valve & Fittings 18th Street Equipment Charges Equ'c ID Number 1 • Equ.crre-1,0escriobcr Regular i Ccce 0....e.11.1e r H „es For Resident Engineers Only Make A„aon • I-- --r— r 1 i ---1 New E3 --• Aorovec for I ! : Pavmer: i C5 1 I 1 i Resubrr nal 1-• i Returned tr 36 i , __.i __. Correction ! — Da:e ReceNec i — Da:e of Ac: on ------- I , 07 ' 1 05 10 t Vendor Name Fergusons 24 InvOiCe Descripcn Material and/or Work Done by Specialist or Lump Sum or Unit Price Payments S5,699.98 ---7nvoice NUMW I NicilDayis(r ' Unit Ccst or Net Pay i ! i Valve & Fittings, 18th St Lis 1.000 4,956,50 I vendor Nan'e Inv:. ce Number MoiDay,'Yr . 25 _ • . hveice Desciplion UrIts 1 Uri' : Cost cr Ne: Pay ! Labor Charges Laocr Narre Labor Rec.rlar Ovellrre HoLrs Suosrster ! Craft ID r Las: Hrs Ra:a Hrs Rive „-uts Rae 34 35 I '5 37 ! ae 4 39 • I 43 Signature (Pesident .rrg•lec, onai-c P-/tre C.C%!•ACD, Re012Sative: •Name Wh.te • Ca:a Er:-, . Canary - Res derEngireer Pink - 0c,t'actor:A!!e,.47xc,..." Goldenrod - Don:•actor r In Case of Cuestior Cor:act: (ReS'ier: E.vinees Use -•,,y) mess Phone ElAiroac!' = Nears con' I FERGUSON* Inv Waterworks FERGUSON WATERWORKS B1083 11909 TECH CENTER COURT POWAY, CA 92064 FAX DUPLICATE INVOICE Deliver To: 10K SOCAL SLO From: Joann Miss Comments Pease Contact Wdh Questions: 858-391-3700 Invoice Number. Customer Page 0239959 l 0824 I Please refer to Invoice Nun when making payment and remit to: FEIK:USON WATERWORKS#1082 FR E 56809 L CAS ANUELES. CA 90074 6809 Sold To: 7ONDIROS CORP 104/NAP 1. CIIY PUMP STN SIIOP 24U1 W21181HS1 #C-O TOTAL DUt4SClc±9V L*7.21 Ship To: LO IDIROS CORP I84/NAT'1 CI1Y I'UMPFATION 72ND ST X HQOVER AV/ NAI K)NAI (.IIV- CA 91950 Ship Whse Sell Whse Tax Code Customer Order Number Sales. • Person - Job Naive. Invoice Date Batch 11.186 1086 CA19 184 MAA I84/NAT'l CITY I'UMPSIN I1/05/200/ 13311 Ordered Shipped . Item Number .. . . • Description -• Unit Price UM Amount RECaUFSTFC BY- - ES1Eflf AI619-339-7816 •' 2 2 S1,-F745X 8' 1 LOMATK7 4745 FLG X f t C CHK VI. V 693.220 EA 1386.41 PART 4 2.386 4- 4 TLR9X 8L)1C11OFLC;I.R90.81N0..... 2118.000 EA B32.09 2 2 L)1SFX77 8X/2 FI.CXFIG Di SPI • .• 325.660 EA 65137 7 - 2 RXR50109/50975711 8 FXT-RANGE COUP /5 SS FPDX 22/.340 EA 454.68 t0 10 NECI15011-GAX 8 16(#Y Nro° (.LOINS 1/B FFG5k1 5.956 FA 59.•`i6 10 I0 SS618l LSFH IX 6 - 8 SS 316 FLC N8d3 SFT 38.304 FA 383.04 Invoice Sub -Total height Tax f TOTAL DUE - --> 1767.U4 267.34 332.83 4367.21 ALL'ACCOUNIS ARE DUE AND PAYABLE PER THE CONDITIONS AND IERMS OF THE ORIGINAL INVOICE. ALL PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE AT THE MAXIMUM RATE ALLOWED BY STATE LAW PLUS COSTS OF COLLECTION INCLUDING ATTORNEY FEES IF INCURRED. FREIGHT TERMS ARE FO8 OUR DOCK UNLESS OTHERWISE SPECIFIED ABOVE. COMPLETE TERMS AND CONOMONS ARE AVAILABLE UPON REQUEST . STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL -TITLE PAGE CASEWB 230 CEM-4902A (NEW 7'94) CT# 7541.3496.7 Con:rac: No CCO Nc T4eoort No. I Page 1841 002 1 cf 2 Ct ! Da:e Pe.'crne- I Cale b` Repc-t ' Ccn. Job No. • 11115.107 11/30/07 I 02 kYet!c Performer By I Ccnt Rbt No. 184 28.0 - - i LS OP PA �. LS I UP ; 6Rt Fi¢� '.',o-k Oeli_S.;'cl x 1 NIN i N I N L Zondiros Corporation Desv .c . �r a:c-x.. Install New 8" DI Pipe For Resident Engineer's Use Only I Attached to This Bill Are: _ i Date Rece!ved `_ Na" B Approved for Payment i I — .-- � Date of Acacn ' ReoL_-r',al • RetL-nedfor Corectb.n I , I Total Equip,rant (A) Total Mater as (B;. S.;btotal Ecunmert & Mater.als !iAj + ;B; 15 v. Standard `.:ark-Lp Total Cost Summary, Standard Mark -Ups & Subcontractor Mark -Up Total Equipment & Materials (A) + (B) + Standard Mark-up f'c:a Regular ..atpr (C) 2 % Regu.ar Laccr SJr_h2-ge Total Prert:um ,abor ,D} 12 `: Premh,-r. _aoor S..rcrarge SLp:pta Rag„ a• °. Prer.. ;• (C+C) Sit:Cla ( - ;C; - Reg;, a-Surcharga S -c large Tc:a S.bs,Ste.r— e (E; 133.631 L__.— 0.001 133.63j 20.04 153.67i 570.401 68,441 0,00 570.40 638.84i 0.001 - Labor Charges CE?.1.49029 EqL Omer: Crarges 0Ek.1-4302C ^ ! Material Charges CEM•4902D Tc:a, Carer Expenses (F) SJbtcta' ;0. + (D; - Regular Surcrarge • °rer'niLrr. Surcrarge +:E) +,F; 31, "; Stancard :<ark:.p Total _at or(C;i +iD)+ Surha-ge-(e)+ (F)+ietama Total Equipment & ltater.ais Total EgLlprert & Ma:e.ia s + _abor of t; are-Jp oc Sucontraaec won, Grand Total 0.001 , -638.84 --210.82. 849.661 153.67 1,003.331 0_0011 1,003.33i SSicr.a1Jre ('sloe^/Sr �inrer! alu'e 'P,-,e _„r..:at^rs PeGresent. e.' • B4 t992 M White Dnt Canary • Resider: E nc,reer P,rk - Cpntractor Name Goldenrod - Contra_tor Ir. Casa of OJest.on: j Res,oe"t Engd'eel's Use Only; BJs ness Pone Eb'. E7/3:es.xm STATE 0 .IFORNIA • DEPARTMENT OF TRANSPORTATION EXTRA —iRK BILL (SHORT FORM) CEM-4902 (OLD HC•24C REV.7/94) CT# 7541.3500.8 C WB 2e.o Contract No. CCC Nc Repor. No. I 184 002 Cate Pe-termeo Date of Report I Cost ..:co No 11 /15/ 07 1 1 i 30/07 .Nor, .'el'forTed ey Zondiros Corporation Con: Rol 'No. 1 E.W. A.0 ,aR 50%4 S.,o • 184 I0 FA ! 28.L$ UPI . FA LS ' UP SNv;1 Fap .Ix1 .I N ?-VJ Aarner19; LaOo• I'A'CI Class WCi Rase Deay I Sw•-'1 S�4 N N• Descro5on of b'Jrk .3 Install New 8" DI PPjpe Equipment Charges _T —I Equip ; \u r er EQwL per: Dasc au 0or i RE�ar O l-JT6 ssMake r Coca Attact I Hcrs I HOJrs 3: 450-008 C, ! 36 57 38 OS 1 TRUCK T&TT 06-12 I _ I 7.00 ' For Resident Engineers Only Rest,t-r rat $ QQ3.33: •:Forcvei `C- -_ Ra>mem • • Re:u•red for Co;rec:ion, Cate Receiver Date of A.ctior '.'error Nara 2- Irvoice _,escr:ot on 4153.67 , Material and/or Work Done by Specialist or Lump Sum or Unit Price Payments nvc,ce Number Mo.!Cay. Yr -t Uni:s:s Unit Cost or Ne: Pay ;25 VenCor :\are Invoice Number '.1o/Day/Yr Irvoice Desc-ip: on Ons 1 knit Cost or Net Pay —1 Gran ID •in Labor Charges 5849.66' Lac r \arra - Laaor Rep,. a• Hcvs _asl mrs Rate 34 ; OE ! E Cueva 7.0 42.000 Hrs Ovenine Ho„•5 Suosister e Rate Ur :s r Rare 4 35 LBR ! E Cueva 4,0 34.550 LBR . 37 33 ! 3E. 43 : L Cueva 4.0 34.550 r L I .`. p'iatwra :nesbo.' cc,:aeer' n Case of Questior. Contact. !Resident Png'nee.•'s use Orsy; Slgnaure 'r'rtrre Coitrac:a: s Pepreseva'we; I Name EJs Ness Pion° FM 94 232C M. White • Data Entri Canary - Res,cert Engineer Pink - Ccnt:act3rr.:0er-'porova:• Goldenrod -Contractor EWTo,co • EW'dr.'.'s.com National City Pump Station Rehabilitation Project No. 04-08 AS Oi 11 /29107 Snit)F:ct CCO 18th Street Pump Station; install new 8" D.I. Pipe 1. Summary_ Description Date (hours) 15-Nov Nov ( 19-Nov 20-Nov 21-Nov 1. Labor Foreman 7 5 8 4 4 Laborer 2. (4. 8 3L 15 3(. 24 2. LA. 8 zIAti. -8 2. Equipment 1 Ton Utility truck 7 5 8 4 4 Crane (rental) See Note 1 3. Materials none 4. Other none Note;: 1. Contractor rented crane to lower pumps. Crane also used to haul out the existing 8" D.1. pipe. 2. No Dump tees. Debris placed in approved dump bins at City 22nd Street yard. 1q A 150 STATE C. LIFORNIA - DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL•TITLE PAGE CEM-4902A (NEW 7/94) CT# 7541.3496-7 Cate ?erforred 11/09/07 , 02 -/Jo'k Perfumed med By Date of .. epor, Con. Job No. 'Cora Rp. No -: 11/16/07 184 15.0 Zondiros Corporation CASEWB 15.0 Contract No. CCG No. Report N. age 184i-_ 001 i 1 or 2 A.C. , • SC% Sic Rr Panne:,ng rn LSTUP FA LS �.,P - BR I Fag_ Wcrk ! De ay I Switch + x N• N N I N i N D3 Descilohor et Wor,. R&R Existing DI Pipe On 18th Street Nev Sill i•• Res.:brtita c:al Ec Jipmen: (.A) Total Materials (6) For Resident Engineer's Use Only Approved for Pay'ner: jRetumeo for Corect.or. Suoto:al Equipmen: &'faterials (A) - (B) 15 ; % Star oaro Mark-up Total Equipment & Materials (A) * (B) + Standard Mark-up -ciai Regular Labcr (C) 2 % Regular --abcr S,,rcnarge 7-alai Premium _abor (D; A. 2 %Premium Lacer Surcharge Subtotal .Regular & Premium (C+C) Sub:cta. (C; + ;D) + Regular Surcharge - Rremium Surcharge `c:ai S.bsistence (E) Date Received I i Date of Action Attached to This Biil Are: I 1 Labor Charges CEM-49C2B Equip'ent Charges OEM-4302C Material Charges CEM-49C20 Total Cost Summary, Standard Mark -Ups & Subcontractor Mark -Up 152.72 0,00! 152,72' 22.911 175.63-' 1,165.20 139.831 0.00 0.00 1,165.20' 1,305.03! O.00 Total Other Expenses (F) Sut:c:al (C) - (D) + Regula' Surc,na'ga * Premium Surcharge + (E) * (F) , 33 %% Standard Markup Teta; Labor (C) - (0) + Surcharge + (E) * (F) + MarKt.o Teta, Equipment & Materials Teta, Ecuipment & Mater.als - Labor 0 i of Manc•Jp on Subcontracted Work (Orly) Grand Total 1,305.03 430.67 L 1,735.70i 1 175.63! 1,911.33j 1, 911_33! Sighat,.re 'Res•der' Eng.t•ee.) S ynaft. e 'Pnre Co crac(C.•'s Rearesenra!Ive) Name FM 94 1992 M White Data Entry Canary • Resident Er,y nee, Plnk - Celt -actor ;Atte,Appnva'; Goldenrod - Contractor Ir. Case of Cuestion: !Res'der! E g,, ser s ;.se Only) ?us Hass Pnche EYY of c • E Sills.ccm STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL (SHORT FORM) CEM-4902 (OLD HC•24C REV.7/94) CT# 7541.3500-5 CASEWB 15.0 Contract NO ---------- CCO No. Report No. 184 001 L EW. 1t A BR . 4 Sub RAM T�aMer Leto WCi nibs WCi Rase Date Peric :mec Date of Report Cost Job No. Cont. Rpt. No. FA S UPSUR I FA ' LS UP SW I 53Flag r Work I Delay 1 Switcn - 01 11i09i07 11116i07 184 15.0 x N i N NN 12 ' - A OrK Performed By 02 Zondiros Corporation )3 Descrp1on of Wbrk C4 C5 c8 Equipment Charges • Reedier I Overurre Ecu o .0 Number E3;P.mer: Descr.oticr. i C.ass Make Cctle Allan 'bars 450-008 TRUCK T&TT ! 06-12 i 8.00 $175.631 Vendor Nane `A ; Invoice Desc•ipiior Vendor Name 25 Invoice Descnot on R&R Existing DI Pipe On 18th Street i I Material and/or Work Done by Specialist or Lump Sum or Unit Price Payments Invoice Num er l Units Units l.ator Name Craft ID lrn 689I 34 OE I E j Cueva 35 LBR E I Cueva 3E LBR L Cueva 37 LBR .O rt Martinez 38 S5 40 Sicratjre 'Resioe.nt cr:r, .:e Sign 3:Jre }anus Cc1,aicrsPep eSC l r':e; i 9a 202) . White • Data Entry Canary • Resident Enc.nee• Plnk - ColCa:tor:Alto, A. j /nit Cos; o' ,Net Pay For Resident Engineers Only New Bill f _ Resubrr.ttal invoice Number Una Cos: or Net Pay Date Received Labor Charges Laocr Recu ar Hc.rrs Overtime Hours Hrs Rate Hrs ..—_._ Rate 8.0 ' 42.000 I- 8.0 i- __34,550 1 _�. 8.0 34.550 8.0 •I - 34.550_� Name Goldenrod - Ccntracto, -1 Approved for Payment --- RelumeC for _ . 1 Corecticn Date of Act:on J S1,735.70 S.ibsistence Units Rate In Case c' Quest.on Cc.tact (.Res,Ce]' EngTaer3 .se Cr:4 ens Hess arcr:e SW EWB:�:s.com National City Pump Station Rehabilitation Project No, 04-O8 9NOV07 Subject: 18th Street CCO; R & R existing 8" D_lpipe from proposed pump to exislirxd flange at wet well oaf Description DATE (Boors) 23-Oct 25-Oct 26-Oct 30-Oct 8-Nov 9 Nov Foreman 4 3 3 2 4 8 1 T tJ1Ait truck 4 3 3 2 4 8 Laborer 3 3 8, i2 24 Notes: 1. On 10/23 compensate the cotrado( to measure and orders' 0.1. pipe 2. Participate 50/50 for removal of existing 90 degree elbow from existing flange at wet well. tt is this location where the upstream (discharge) end of the contractual by pass is to be connected. 3. The contractor was directed to R & R the existing hardware (inlet and grate) fronting 18th Street. See attached ID-12 and D-15. 4. Item No. 2 above completed Friday. 10/213)07_ Monday. 10129t07, planned by pass connection with Sunbelt. 5. 10/30/07 contractor removed 2 spools and 1 check valve. 6. 10/31/07 contractor completed by pass at 18th Street. 11/1/07 contractor completed guide rail tracing and electrical demo at 14th Street Pump Station. 1115/07 contractor installing wooden darn at 181h Street. 11/6 - 1117107 contractor R & R grates and curb opening in 16111 Street- 11/8/07 Agreed 10 split work day (by pass, remove 81D.1. pipe and housekeeping at both 14th & 18th Street Pinup Stations. j4 �7 STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL -TITLE PAGE CEM-4902A (NEW 7/94) CT# 7541-3496-7 01 Ce'o Pred Date of Report — 1 1 /08107 1 1 11 6/07 D2 Work Pe -formed By pf 02 Cor. Job No. Ccnt loot No - 184' 14.01 Zondiros Corporation i Cartrac: Nc 011/ CASEWB 14.0 CCO Nc 4eoon No Page 184 001 - - I 1 ....of 2 A T ' :0°E - Sao ! RM' Panrericg r+- FAJ.s lLP' FA LS _ 11P-'Fla_g__(Work D&a} I Sw:c1 N \ - N N N R&R Existing 8" DI Pipe From Proposed Pump T Existing Flange At Wet Well Wall For Resident Engineer's Use Only —• New B .I Apprcyed for Payment Resut-r.:tal Retuned for Cc.•recticn Total Equipment (A) To1ai :latefiais:Bl Suototal Ecu omen: & Mate iats (A) - (B) 15 % Standard ..ark-uo Total Equipment & Materials (A) + (a) + Standard Markup Tota: Regular Laba- :CI 12 ' Re.gula- _ator Su: cha-gs c:a Prem .:m Labc• ;Co . " 2 , % Premier) _accr Surcharge Subtotal Regu+a: & Pre:TiJ.T. (C-D) SA)total ;C) - (D' - Regular Sarcha•ce - Prerr.jm SL:cnarge Total SLos.stenCe ;E) Date Recefyed Date of Action 1 : Attached to This Bill Are: Labc• Charges CEM-49C29 • Eq1•:pment Charges CEM-49C2C Matenal Charges CEM-4902D Total Cost Summary, Standard Mark -Ups & Subcontractor Mark -Up 76.361 0.00 j 76.36j 11.45! 87.81i 582.60' 69.90 0.001 582,60! J 652.5 10 0.00 Total Other Expenses (F) Subtota' (C; + (J) - Regular Surcharge + Premium Surcharge + (E) (°) j331 % Standard Markup Total Labor (C) + (D) + Surcharge - (E) + )F) + Ma•k,1p Tota. Equipment & Materials -otal Equ pment & `:_ator ale + Laoor 0 is of Mark-4 on Subcontracted Work (Only) Grand Total I _ _ 0.00' i 652.50 215.33! —_ — 867_83 87.811 I 955.64, 0.00 955.64, Res.dec: Egg-r,er) �ignd:.:re °.6ne Ccrnvor; Reci,se:lra:..,) Name In Case o` Ouest.cry (Resider,/ Erg: ,aer's Use fiery; : B.1s Hess Phone FM 94 1992 White - Dare Entry Canary - Resident Er.gineer Pink - Contr^tor'Atte, -' Goldenrod • Cor:ractor Er' EArBL7s corn STATE C .LIFORNIA • DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL (SHORT FORM) GEM-4902 (OLD HC-24C REV.7/94) CT# 7541-3500-8 - Cate IP erforr ed Cate of Report , Cost Job No. Colt Rat No, E V 3R I 50% ; Skit .1 RAN Partnertr.:9 WC( Ciass Rale 21 11/08%07 ' 11/16/07 184 14 01- - .s up, FA ' UP SW Pag Work T Oe.a Se..tos SUFF1 X 12 CH,..,MB '4 0 I Contact NO DCO No ' Repo-1 No L 184: 001 : , __ WO,. Performed BY Zondiros Corporation 5955.641 Descf.ption of Wor‘ )3 R&R Existing 8" DI Pipe From Proposed Pump T Existing Fialige At Wet Well Wall Equipment Charges $87 81' . ECto•D D Nt.mter ma,E:otorent Descrtpt os 1 Regular 1 ..'erne Class 1 moors I , lecys I For Resident Engineers Only 04 : 450-008Code TRUCK ' T&TT 1 06-12 Abaci . I I 4.00 i _,___ I I— New Bit r- - Approved tr t.__ Payment C5 • t --i — Returned for • OE 1 1 1 1 i Resubmittal i 1 i . 1 Correction 1-- Date R'eceivec 1 i Date of Action I OE I I I 1 --I- -I 1 i i I i i 1--- IC 1 1 I . 1 . t Vendor 'Jame invo:ce Number MatDayArr i 24 ..Tice basoratIon 1 Units , Unit Cost cr Net Pay - Vendor Name - -Ir.vo:oe Number i M.aiDayrYr 2eI Descr at:on Units Cm: Cost or Net Pay Craft ID lflt 34 OE E Cueva Material and/or Work Done by Specialist or Lump Sum or Unit Price Payments Laaa, Name Lam 35 LBR r-E Cueva 36 LBR L Cueva '57 LBR 0 Martinez 2'D I Laaor Regrt ar Houfs Oyer me moors SoSStstersa Ra,.$867 83, 1 Hrs hes Rate Jr .s I 4.0 Rate 42.000 ,1 ' 1 i .1___ . 4.0_ 34.550 L -I 4.0 I 1 ' 34.550 , L___ L. -,— ; 4.0 34.550 i 1 1 1 __ _4_ , -1----- -, i I 1 t i I , i Labor Charges Sigrat_tre ,;Pesrcent Eng.seer, glature (Pl.."70 0.on,•..acto,s Represer.:eeve) —4— In Case of Ch-estien Contact: (Resident Etv;reers Use On'y) ! Name Business Drore .FM 91202O M White - Cala Entry Canary - Resident Eng•neer Pink - ContfaztortA8er Acvovef) Goldenrod - Contractor EWTorocr r-ET4.18-(7/S.-Pd-m- National City Pump Station Rehabilitation Project No. 04-03 8NOV07 Subject: 18th Street CCO; R 8 R existing 8" Di. pipe from prod pump to existing flange al wet well wall Desch on DATE (haws) 23-Oct 25.OctJ 26-Oct 30-Oct 8-Nov 9-Novi — Foreman 4 3 3 2 4 8 17 Utdil truck 4 3 3 2 4 8 Laborer 3 3 9 12 24 ESTC:E/it,i L4S 60(4Lt0 Notes: 1. On 10/23 compensate the cotrador to measure and order 8' D.I. pipe. 2. Participate 50/50 for removal of existing 90 degree elbow from existing flange at wet well. It is this location where the upstream (discharge) end of the contractual by pass is to be connected. 3. The contractor was directed to R & R the existing hardware (inlet and grate) fronting 18th Street. See attached 10-12 end 0-15. 4. Item No. 2 above cornpteted Friday. 10/28/07. Monday. 10129/07, planned by pass connection with sunbelt. 5. 10/30/07 contractor removed 2 spools and 1 check valve_ 6. 10/31/07 contractor completed by pass at 18th Street. 11/1/07 contractor completed guide rail bracing and electrical demo at 14th Street Pump Station. 11/5/07 contractor installing wooden dam at 18th Street 11/6 - 11/7/07 contractor R & R grates and curb opening in 18th Street. 11/8/07 Agreed to split work day (by pass, remove 8").1- pipe and housekeeping at both 14th & 18th Street Pump Stations. STATE 4LIFORNIA - DEPARTMENT OF TRANSPORTATION EXTRA .vORK BILL -TITLE PAGE CEM-4902A (NEW 7/94) CT# 7541.3496.7 CASEWB 19,0 Contract No. ; CCO No. ! Report No. Page 184' 001 i 1 01,_.2 ----- ---- - ----- - -- ------ E.W. A.C.AC' SO ;n Sub I RP.' Partnenn6 01 . Case °eiormed : Cate of Report —7—CmC. Job No. 1 Cont. Rpi. No. +• r A! LS ' �1P FAi _S UP BR Flag ( Wpm. Oerey y Sx.:ct• — 10;30107 11/16/07 184' 19,01i x ; H 1 N N N N . )2 , Wore Performed .3 • Cescrat:cn of Work • New ?. Peer.bfI1 tEl •Tcta' Eel-lc/rent ;Ai Zondiros Corporation Removal Of 2 Spools And 1 Check Valve @ 1574 For Resident Engineer's Use Only Approved for Painent Retuned for Correct on Cate Reoe:vea r�_ Cate of .Acton Total Materials (B) Subtotal Equipment & Materials (Aj + (B) 10 j °ro Stancarc Mark-up Total Equipment & Materials (A) + (B)+ Standard Mark-up Total Reg.11ar Labc: ;C) 12 ; % RegL'a: Labor Surcharge r.reniun Lacor iD 12 `i; Premit.:r Labor Surcharge St,ototal Regular d PremNr Scototal (C) - (D) + Regular SLrchar^ye +Premium Surcharge c;a SLbsis:e.ace ;c Attached to This Bill Are: ! — Labor Crarges CEM-49C28 EqL:cmert Crarges CEM-49C2C :Sateria, Ciarges C_M-4502D Total Cost Summary, Standard Mark -Ups & Subcontractor Mark -Up 38.18] 0.001 38.18, 5.73' 43.91 394.95; 47.4U 0.00; 0.00) 394.95 442.35; Total Other Expenses (F) S.rbtota' (C) • (D), + Reguar Surcharge + Premium Surcharge + (E; + (F) 33; %StancardMarkup Total Labor (C) + (D) + Surcharge - (E) + (F) * Markup Total Equipment & Materials Total Equ;onen: & Materais 4- Labor c' Mare -up on Subcontracted Wore (Only) Grand Total 442,351 145.98i 588.33 43.91 632.241 0,00 632.24, igcaure jResrenr�ra,neeri Secai e (F9111e Cc..,iracfcs epreser,:atire) FM 94 1992.M White - Data Ent-y Canary -.Resider: Engineer Pink • Contractor (Af:er.aparovaf) Jame Goldenrod - Cor:rac:or :r. Case of Questiorr (Resieent Erynee•s use Orwil L Busness Phone ENrouch - E NBiJs.corn STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL (SHORT FORM) CEM-4902 (OLD HC-24C REV.7.'94) CT# 7541-3500-8 Contract No CASEWB 19.0 • CCC No, Report No. 184; 001 Cate Pe:formed 175aTe of Reoor 1 Cost Job No , Cont. Rot No I E.W. A.C. SR . ba 't, Sub _ • .- .. ; FxA , worl7—DF/WLaar...Terng_ Labo. - I Rwe 10/30/07 11/16/07 1 184 1 I Swac SUR , 32 Zondiros Corporation 5632.24 V:ork Perfo!MeC BY —33— Descnot.on of V.'cl, Equipment Charges Equ r. iC N..irther El...arrant Description Regb a' Dye/titre Class Make Code I AtLaCh 1-1CU1S Hours TRUCK T&TT ID4 450-008 I if 06-12 1 2.0 25 $43 91 08 • --h — C7 i C3 09 13 Removal Of 2 Spools And 1 Check Valve Verior Name 24 In -voice Descr %far Jor Name 25 Invoice Descr ot 3A For Resident Engineers Only • Aaproved for Nov, Bill Payment 1 I -"' i- - ; Re-a:Ted fo7 , I 8-1 • R s.thrreal Date Received . Date of Action I _._ Cofrectior _ I I -+— ---1 1 Material and/or Work Done by Specialist or Lump Sum or Unit Price Payments . Invoice Nurnee Un.ts Uri! Ccst or Net Pay Lana" N3r-le C-att IC . r Last OE I E 1 Cueva LBR 1 E Cueva 36 LBR L Cueva 37 38 • LBR 0 Martinez Lints Labor Charges Invoice Numoer Unit Ccst or Net Pay Laoor Raciu'aHou's Rae 2.0 42.000 3.0 34.550 3.0 34.550 3.0 34.550 lrs MD:Devi? r il Me:Day/Yr $588.33; cverlime Hours SuDSMW1Ce Rale Lnits Rate 39 40 • gnalLre En neer; griatLre (re Cor:•avors Representa!,ve, -Pre. 44 -2)20 M White C•a:a Entry Canary - Res deot Engineer Plnic - Cortracto-raire- AAP Goldenrod - Contract:I In Case c!Ch.estion Comact: (Resioelt Eng:.,ees Use Olry) Name 3usir.ess Phone NNatwnat City Pump Station Rehabilitation Pmject No. 04-08 9NOV07 Subject: 1£sth Street CCO; R & R existing 8" r7.1. pipe from proposed pomp to existing flange at wet wet! wall Description DATE elects) Z 25-Oct 26Oct 30-Oct 8-Nov 0-Nov } Foreman 4 3 3 2 4 8 i T Ufdit truck 4 3 3 2 4 8 Laborer 3 3 8 12 24 E5TE'EArd CDCIA Ltt rs CtlY4 Lk 0 Notes: 1. On 10/23 compensate the cotrador to measure and order 8" D.1. pipe. 2. Participate 50/50 for removal of existing 90 degree elbow from existing flange al wet well. 11 is this 'oration where the upstream (discharge) end of the contraduai by pass is to be connected. 3. The contractor was directed to R & R the existing hardware (inlet and grate) fronting 18th Street, See attached tD-12 and 1)-15. 4. Item No. 2 above completed Friday.10128107. Monday. 10129/07, planned by pass connection with Sunbelt. 5. 10/30/07 contractor removed 2 spools and 1 check valve_ 6. 10/31/0/ contractor completed by pass at 18th Street. 11/1107 contractor completed guide rail tracing and electrical demo at 14th Street Pump Station. 11/5/07 contractor installing wooden dam at 115th Street 11/6 -- 11/7/07 contractor R E f7 grates and curb opening in 18th Street- 11 /8/07 Agreed to split work day (by pass, remove 8"D.t pipe and housekeeping at both 14th & 18th Street Pump Stations. 14 T3 STATE CF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL -TITLE PAGE CASEWB 18.0 CEM-4902A (NEW 7/94) CT# 7541-3496-7 Contract No 184 cc'001 Repol o Page 1 c` 2 ,•SO% I Sue : Partlern -r .„ Date Fertcr-red -bate ofReport Con Job No Ccht Rot Nc ss..rach 10/26/07 11/16/07 18418 • x N. N I N N . • 32 Work Pertrriec By Zondiros Corporation ,23 De= 0:,C1 D'\•VC' Removal Of Existing 90 Degree Elbow From Flange At Wet Well 16Th For Resident Engineer's Use Only Date Received Ne EA! Approved 'or Payrrart Da:e of Action Resubm.rtal Retuned fc: Correction otal Eq4ipmen:13; 70tal Materials B) SJbtotal EcJipmen: & Materials (A) • (8) S'arldat Mar.-Jp Total Equipment & Materials (A) + (B) + Standard Mark-up otal Regular Labor (C) 12 Regula- _abor Sat:charge ---- T0t3i Premium Labor (D) 12 P-emivr Laoor St.ronargo • Suptotal RecJlar & Premium r,C+D) uototal (C; - Regular Surcharge + Rrernium Surcharge ToaI SLos.stence c'co Attached to This Bill Are: a. L bcr Charges CEM-49023 • Eqt_pment Clarges CEM-4902C i Material Charges CEM-4902D Total Cost Summary, Standard Mark -Ups & Subcontractor Mark -Up 57.27j 0.061 57.271 8.591 65.86 229.65! 27.56, 0.00. 0.00] 229.651 257.211 0.001 Total Other Expenses (F) Subtota (C) - (D) + Regular Surcharge + Premium Sycharge - (E) • (F) 33 % Standard Markup Tc:ai Labor (C) + :D) = Surcharge - (E) - + MarKt.p Total Ecuipmerit & Materials Total Ecuipmeht & Materials - Labor _J % of Mark-0 or Si2pcontraptec Work (On Y; Grand Total _ . 0.00, 257.21, 84.88 L.. 342.09i 65.861 407.951 00uj Gigr a:ure (Res,c'ent Eogiterr) n Case c' 'Res:dent Erg;nees Use Dnly; sigr•?::Lre :0,11‘3c1cr's Res,eser!at,e) Name FLA:less PnPne M 94-199-2 fi White - Data Entr, Canary - Res.der t Ehgir eer Pink - Cortractcr (AN?, A, ) Goldenrod - Con: -actor ENTout.ri - E WBIIiS corn STATE L., .;ALIFORNIA - DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL (SHORT FORM) CEM-4902 (OLD HC-24C REV.7/94) CT# 7541.3500.8 CASEWB 15.0 Contract No, COO N. Repot No 184! 001 Dare PeCCrrne Date C� React'. i �S:. b No. —` Cont. Rp!. No c`_'•v. t A.C. 3R7 5J°�> 9uC R'W Panner _ laxr`N'CI Class .^:G Rate t t 184 p 0 i 1 0126�07 ' 1 1 / 1 6/07 1 8.01 ` ! FA : LS L? ; FA rLS l UP i SW Fr.ag I ? o k I Ce.ay � Swec.n i SUR , j x N r: N Al rd 12 _-�__...----1 Wor<Pe.rforrr ad By 02 . Zondiros Corporation $407.95 3 : Descr �t Wor.K Removal Of Existing 90 Degree Elbow From Range At Wet Well Equipment Charges $65.861 `ccu.c .D Yt.mber 04 450-008 C5 . OE oe D9 1C ; Equipment Sescri;: an Regular C;ert.me Cass --- ! ?la.e Code ! AL:ach Hours Hours For Resident Engineers Only TRUCK T&TT i 06-12 3.00 j — -- A7provec for New sill --_— T Payment 4-- —L J- 1— I - --..—. - Rest:omit:a, — Ra[�med r�. i I Correction -+ I j t Date Received Date of Actior. i --._I— 4 t- 1 r I i I I � I T vancx Name 24• Invoice Description TVencor Name 35 ` Invoice Casoripoon 24 3E 38 37 3E 39 4C Material andlor Work Done by Specialist or Lump Sum or Unit Price Payments 1 Invoice Number '.taDayf r I I ;;nits , Unit Cost or Net Pay i 1 Units Labor Charges Laocr Name I Labor Regular hours Cvenir^a Hours •Sins stence _ Craft ID r--T-_—__ — -T- -_Int --_-`_ Las: His i Rate Hrs Rate Units Rate , Invoice Number f°toiDay'Yr Unit Cost or Net Pay OE E Cueva E • Cueva LBR 3.0 42.000 I 3.0 l 34.550 SicnaLlre 'Res..ae,- E.nq,ceet) Sigr.a-.ve ;Pam ,rc,\?acfx's Pecrese.notse, T Name 1 .n Case of Question Contact. (Resider! Er' Beefs Use Griy) T Business Rhone $342.09 F `A 94 2020 N ----- White - Data Entry Canary - Resicert Engineer Pink - Contractcr'%.rterApprovat, Goldenrod - Contractc• EVv7oLch - EWB.`Js.com National City Pump Station Rehabilitation Project No. 04-O8 9NOVO7 Subject: 16th Street CCO; R 8 R existing 8" DJ pipe from profxised pump to existing flange al wet well wail Descri ion DATE) 23-Oct 25-Oct 26-Od 30-Oct 8-Nov 0 Nov Foreman 4 3 3 2 4 8 1T Until truck 4 3 3 2 4 6 laborer 3 3 8 12 24 L5 cf T»LtO Notes: 1. On 10/23 compensate the cotractor to measure and ceder ti 0.1. pipe. 2. Participate 50/50 for removal of existing 90 degree elbow from existing flange at wet well. It is this location where the upstream (discharge) end of the contractual fry pass is to be connected. 3. The contractor was directed to R & R the existing hardware (inlet and grate) fronting 18th Street. See attached ID-12 and D-15. 4. Item No. 2 above completed Friday, 10/28/07. Monday.10l29/07, planned by pass connection with Sunbelt. 5. 10/30/07 contractor removed 2 spools and 1 check valve_ 6. 10/31/07 contractor completed by pass at 18th Street. 11/1/07 contractor completed guide rail bracing and electrical demo at 14th Street Pump Station. 11/5/07 contractor installing wooden dam at 18th Street 11/6 - 11/7/07 contractor R 1 R grates and curb opening In 1801 Street. 1118107 Agreed to split work day (by pass, remove 8"0.1. pipe and housekeeping at boor 14th & 18th street Pump Stations. :; (AT CALIFORNIA - DEPARTMENT OF TRANSPORTATION EXTR...NORK BILL -TITLE PAGE CEM-4902A (NEW 7/94) CT# 7541.3496.7 CASEWB 16.0 Contract No ' CCO No. Report No. ' Page 184 001 • 1 or 2 Date Perforrreo i Date of .Report 1 Con. Job No. ; Cent Ret Mn. —, --- 10/23/07 ' 11/16/07 184: 16,0, d2 '-von,:=erforree By Zondiros Corporation ,3 oeacr.ot on or Nlcrk Measure And Order 8" DI Pipe For 18th For Resident Engineer's Use Only 1 — — — — — ' Date Receioea • •Ne.v Bill � Approved for Paymen! Labor Charges CEM-49026 Equ:pmer' Charges CEM-4902C E.YJ. A.C. • SC'f' Sr.o a',v TPannering FA _S UP FA ! 1.9 JP' 8P. i F:a9 : Wcr" F 0elei' : Sw.:cn + X i ' N J' N N i\ R.est.tmaal • Pawned for Ccrrec•.ion `.tateral Charges CPA-4902D I Attached to This Bill Are: Date of Action Total Equipment (A) .Total Materias (.13') SJbtotat Equipment & Materials (A) * (B) 15, Szhdard Mar: p Total Equipment & Materials (A) * (B) * Standard Mark-up -rota' RagL'ar Bator tC; 12 % Re7-filar Labo' Surcharge Total ?'emium. Laoor (D) ' ? 2; % Pra:r..jm Labor Surcharge Subtotal Regular & Premium. (C+C) Subtotal ;C; - (D; + Fegu'ar Surcharge + Premium. Surcharge -otal SL0slstence (E) ,Igra!L'e (Resident rn2mesr) Total Cost Summary, Standard Mark -Ups & Subcontractor Mark -Up L 76.361 0.00 76.36, 11.45' ---�- 87.81 168.001 _ 20.16 0.00: 0.00, 168.00 188.16' 0.00; Total Other Expenses (Fj Sutto:ei (C) + (C) + Regular Surcharge + Frem.um Su cna ge - (E) + 33 ! % Standard Markup Total Labor (C) + (C) + Surcharge + (E) + (F) + Markup Total Equipment & Ii,4ateria's Tea' Equipment & Materials + Labor 01 % of Mark-Lp or. St.bccnt.-2cted 6^:crk (Only) Grand Total o 188.16 — 62.09: 250.25, 87 81 338.061 338.06; Sigr2tre t!PomeCont,3aor'sRep"esenratve) In Case of Cuest•on: (.Res?yen.! Engineer s Use Only) Name ; Business Phone FM 94 1992 M White • Data Entry — Canary - Pester.! Engineer Pink • Con:rac:cr (AretApp'cia!) Goldenrod - Contractor EW4 Touch • EY✓Bilis. corn .1 c OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION EXTRA WORK BILL (SHORT FORM) CEh1-4902 (OLD HC-24C REV.7/94) CT# 7541.3500-8 CASEWB 16.0 Contract No. CCO No. Report Nc 184! 001 ; :a:e Per`crmec Date of Report Cost Job No. TCort. Rpt VC E AC. TR Sc"e Sub R.'✓: ' panrencg, Laocr 1Cla W ss wCl Role I pI 10%23; 07 11/16/07 184 16.0 '; `� Ls UP : FA -S- : SWI Fla, Work Oeiay , Ici , SUR x I v� N N N i N -.2! 02 • Work d Pet-fora:8• Zondiros Corporation C3es r,r 1 K Measure And Order 8" DI Pipe For 18th C4 JS . J6 07 OE Equipment Charges $338.061 587.8' Equ.o IC Number 450-008 Eceiornenl Description Class TRUCK Make 4 Code T&TT 06-12 Regular Over..:ne A98Cn Hours Hove 4.00 For Resident Engineers Only — New Bii. Resuomittal Apprcved `or Payment Returned for i_... Correction Date Received 24 '✓enc or Nara Material andfor Work Done by Specialist or Lump Sum or Unit Price Payments Invoice Number - .nvdice Desr. .ci rUnhs Verdor Name Invoice Descraron Craft IC 74 OE 35 3e S� 38 42 Sigra:ure ,,res'cer:: Units Unit Cost or Net Pay Invoice Nurroer Unit Ccst or het Pay Cate of Acticn MciDayrYr Mo Day.'Yr Int E Cueva . acor Verne Last Labor Charges S253.2 Lam' Regular rlo.us n s Rate 4.0 42.000 7 P';,,e Cc,tra :eo esentative Ove'tur.e HCtrs Suns sterce Hrs --_- � Rate Ur :a 1 Rae (Name Ir Case DI :uest.or: Contact (Res ie-r Erg:neers use Om/' BLs;ress ?none FM 94 2C20 .`.1 White - Ca,a Ertry Canary - Reside;: Eng.nee- Pink - Ccnt: aztor L4(ter Aa; Goldenrod - Contractor E: fr3 EV✓BIIIs. com National City Pump Station Rehabilitation Project No. 04-08 9NOV07 Subject: 18th Street CCO: R 8 R existing 8' Di_ pipe from proposed pump to existing ffange al wet well wall Description DATE (hours) 23-Oct 25-Oct 2 -Oct 30-Oct 8-Nov 0-Nov Foreman 4 3 2 8 t T Ulilit truck 4 3 II 24 Laborer 3 0 LiS d$T LtO Notes: 1. On 10/23 compensate the eotractor to measure and older 8' D.l. ppe. 2. Participate 50/550 for removal M existing 90 degree elbow from existing flange at wet well. tt is this location where the upstream (discharge) end of the contractual by pass is to be connected. 3. The contras tot was directed to R & R the existing hardware (inlet and grate) fronting 18th Street. See attached (0-12 and 0-15. 4. ttem No. 2 above completed Friday, 10126107. Monday.10120/07, planned by pass connect$on With Sunbelt. 5. 10/30/01 contractor removed 2 spools and 1 check valve. 6. 10131/07 contractor completed by pass at 18th Street. 11/1107 contractor completed guide rail tracing and electrical demo at 14th Street Pump Station. 11/5/07 contractor installing wooden dam at 18th Street_ 11/6 - 11/7/07 contractor R b R grates and curb opening in 181f1 Street. 11/8107 Agreed to split work day (by pass, remove 81D.t pipe and housekeeping at both 14th & 18th Street Pump Stations. yQ -49 City of National City Pump Station Rehabilitation Project #04-08 CHANGE ORDER (C/O) Contractor: ZONDIROS , INC. CO #4 May 5, 2008 A Change Order is hereby recommended for the following work in the amount identified below: Description of Change in the Contract This change order is for the addition of (I) Limit switches at all locations, (2) Replace the doors at all pump stations, (3) add seal fail sensors to alarm systems at all locations, (4) Add switched light in wet well at Mile of Cars location, (5) Add new roof, vent and prep/prime/paint eaves and facia at l4th Street location. See attachment. Cost Reconciliation Costs were reviewed by the City Project Manager and negotiated with the Contractor. Construction Contract Accounting Sununary Original Contract Amount: 589,000.00 Net change by previously authorized Change Orders: 20,917.03 Contract amount prior to this Change Order: 609,917.03 Amount of this change order: 263.84 New contract amount: S 636,410.87 Original contract time (working days): 90 Previously approved additional working days: 2 Additional working days for this change order: 40 Original contract completed on final contract date of: 1/29/08 New contract completion date: 7,/26/.08 Approved by: Principal Cavil Engineer 9ons onstruction Manager /W.. ..' soci: • Contractor • diros Inc City of National City City Engineer CC: Construction File Londiros Inc. Date Date /o g Date Date 1.4114 (.'ity of National City Pump Stations Rehabilitation Project #04-08 Change Order (CO) Contractor: Zondiros Corp. ATTACHMENT -JUSTIFICATION FOR CO REQUEST CO #4 The original contract work for the Pump Stations Rehabilitation is complete. There are remaining funds in the original contract account to add some safety features to the pump stations and to make repairs to the pump house structures. The additional work is requested by the Public Works Department and is listed below. 1) Adding limit switches with relays is a safety feature that detects whether the check valve is open and flow is current to prevent possible pump overheating. 2) The doors at the pump stations are in serious disrepair and need replacement. 3) Adding seal fail sensors to the alarm system would help contain any Teaks due to seal failure to a minimum and help prevent greater damage to the system. 4) The pump station at the Mile of Cars location need a light in the well for maintenance crews. 5) The roof, vent and facia paint at the 14th Street pump station are in a serious state of disrepair and require replacement and painting. The work will take approximately 40 working days from the issuance of the Notice to Proceed due to the length of the lead-time to obtain the doors. Cost breakdown of requested additional work: DesOitglg 1! Ott 1 Add limit switches 2 Replace All Doors 3 Add seal fail sensors to alarm 4 Add switched light to Mile of Cars well 5 New roof vent, roof and paint 14 St 3,456.52 7,377.44 8,479.20 1,736.25 5,444.43 untying ;dotal 3,456.52 10,833.96 19,313.16 21,049.41 26,493.84 ZONDIROS PROJECT National City Pump Station.. Rehab QUANTITY Is BID ITEM# NA Add limit switches DESCRIPTION UNIT PRICE 3456.521 DESCRIPTION QTY UNIT HRS # OF LABOR EQUIPMENT MATERIALS SUBCONTRACT SHIFT SHIFTS RATE TOTAL RATE TOTAL UNIT COST TOTAL UNIT COST TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Labor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Foreman 1.00 ea 8 2 60.00 960.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Crew truck 1.00 ea 8 2 0.00 0.00 15.00 240.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Materials 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subs 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 Sapphire Electric 1.00 ea 0.00 0.00 0.00 0.00 0.00 0.00 1,899.00 1,899.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUB TOTAL 3,099.00 0.00 323.30 3,422.30 34.22 3,456 52 960.00 240.00 0.00 1.899.00 SALES TAX 8.75% 0.00 0.00 OVERHEAD + PROFIT 0.20 192.00 0.15 36.00 0.15 0.00 0.05 94.95 TOTAL . 1,152.00 276.00 0.00 1.993.95 Bond aC 1% ITEM TOTAL ZONDIROS PROJECT National City Pump Station Rehab QUANTITY Is 810 ITEM# NA R&R sewer pump station doors DESCRIPTION UNIT PRICE 7377.441 DESCRIPTION QTY UNIT HRS # OF LABOR EQUIPMENT MATERIALS SUBCONTRACT SHIFT SHIFTS RATE TOTAL RATE TOTAL UNIT COST TOTAL UNIT COST TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Labor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Laborer 2.00 ea 8 2 43.00 1,376.00 0.00 0.00 0.00 0.00 C.00 0.00 Foreman 1.00 ea 8 2 60.00 960.00 0.00 0.00 0.00 0 OC 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0C 0.00 Equipment 0.00 0.00 0.00 0.00 0.00 OM 0,00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Crew truck 1.00 ea 8 2 0.00 0.00 19.00 304.00 0.00 C.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Meterlels 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Doors 1.00 Is 0.00 0.00 0.00 0.00 2.975.00 2,975.00 0.00 0.00 Misc. materials 1.00 Is 0.00 0.00 0.00 0.00 125.00 125.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 C.00 0.00 0.00 Subs 0.00 0.00 0.00 0 CO 0.00 C..00 0.00 0.00 0.00 0.00 0.00 0 CC 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.CO 0.00 0.00 0.00 0.00 Disposal 1.00 ea 0.00 0.00 0.00 0.0C 0 00 0.00 200.03 300.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 CC 0.00 0.00 0.00 0.00 0.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0.0 0.00 C.00 0.00 0.00 0 00 0.00 SUB TOTAL 6,040.00 271.25 993.15 7,304.40 73.04 7,377.44 2.336.00 3C4.00 3.1 D0 00 300.00 SALES TAX 8.75% 0.0D 271.25 OVERHEAD + PROFIT 0.20 467.20 0.15 45.60 0.15 465.00 3.05 15.00 TOTAL 2.803.20 349.60 3.836 25 315.00 Bond C'1% ITEM TOTAL. - - ZONDIROS PROJECT National City Pump Station Rehab QUANTITY 1 Is BID ITEM# NA Add seal falls DESCRIPTION UNIT PRICE 8479.201 DESCRIPTION QTY UNIT HRS # OF LABOR EQUIPMENT MATERIALS SUBCONTRACT SHIFT SHIFTS RATE TOTAL RATE TOTAL UNIT COST TOTAL UNIT COST TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Labor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 C.00 0.00 0.0C 0.00 0.00 0.00 0.00 0.00 C.00 0.00 0.00 0.00 0.00 0.00 Foreman 1.00 ea 8 4 60.00 1,920.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 C.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Crew truck 1.00 ea 8 2 0.00 0.00 15.00 240.00 0.00 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 C.00 0.00 0.00 0.00 0.00 Materials 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subs 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Saoohire Electric 1.00 ea 0.00 0.00 0.00 0 00 0.00 0.00 5,538.00 5.538.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 C.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 C.00 0.00 0.00 0.00 C.00 0.00 0.00 C.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUB TOTAL 7.698.00 0 00 597.25 3,395.25 83.95 8,479:20 1,920.00 240.00 0.00 5.538.00 SALES TAX 8.75°,.: 3.00 0.00 OVERHEAD • PROFIT 0.20 384.00 0.15 36.00 0.15 0 00 C.05 276.90 TOTAL 2,304.00 276.00 0 CO 5.814 90 Bonds, 18; ITEM TOTAL ZONDIROS PROJECT National City Pump Station Rehab QUANTITY 1 Is BID ITEM# NA cars light DESCRIPTION Mile of UNIT PR:CE 1736.251 DESCRIPTION OTY UNIT HRS # OF LABOR EQUIPMENT MATERIALS SUBCONTRACT SHIFT SHIFTS RATE TOTAL RATE TOTAL UNIT COST TOTAL UNIT COST TOTAL 0.00 C.00 0.00 0.00 0.00 0.00 0.00 0.00 Labor 0.00 C.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.O0 0.00 0.00 Laborer 2.00 ea 8 1 43.00 688.00 0.00 0.00 0.00 C.00 0.00 0.00 Foreman 1.00 ea 8 1 60 00 480.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Equipment 0.00 0.00 C.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 '0.00 0.00 0.00 0,00 Crew truck 1.00 ea 8 1 0.00 0.00 19.00 152.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Materials 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Light and switch 1.00 Is 0.00 0.00 0.00 0.00 115.00 115.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 C.00 0.00 0.00 0.00 Subs 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUB TOTAL 1,435.00 10.06 274.00 1,719.06 17.19 1,736.25 1.165.00 152.00 115.00 0.00 SALES TAX. 8.75% 0.00 10.06 OVERHEAD + PROFIT 0.20 233.60 0.15 22.80 0.15 17.25 0.05 0.00 TOTAL 1.401.60 174.80 142.31 0 00 Bond.(¢? 1% ITEM TOTAL ZONDIROS PROJECT Nauonal City Pump Station Rehab station QUANTITY 1 Is BID ITEM# NA replace vent at 14th St. pump DESCRIPTION UNIT PRICE 1140.151 DESCRIPTION QTY UNIT HRS *OF LABOR EQU:PMENT MATERIALS SUBCONTRACT SHIFT SHIFTS RATE TOTAL RATE TOTAL. UNIT COST TOTAL UNIT COST TOTAL ' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Labor 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Laborer 2.00 ea 4 1 43.00 344.00 0.00 0.00 0.00 0.00 0.00 0.00 Foreman 1.00 ea 4 1 60.00 240.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Crew truck 1.00 ea 4 1 0.00 0.00 19.00 76.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Materials 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Vent 1.00 Is 0.00 0.00 0 00 0.00 275.00 275.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 CC 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subs 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 SUB TOTAL 936.00 24.06 169.80 1,128.86 11.2$ __ 1,140:15_ 584.00 76.00 275.00 0.00 SALES TAX 8.75% 0.00 24.06 OVERHEAD + PROFIT 0.20 116.80 0.15 11.40 0.15 41.25 0.05 0.00 TOTAL 700.80 87.40 340.31 0.00 Bond (©% ITEM TOTAL ZONDIROS PROJECT National City Pump Station Rehab at 14th St. pump station QUANTITY 1 Is BID ITEM# NA prime and paint eaves and fascia DESCRIPTION Prep UNIT PRICE 1842.491 DESCRIPTION QTY UNIT HRS *OF LABOR EQUIPMENT MATERIALS SUBCONTRACT SHIFT SHIFTS RATE TOTAL RATE TOTAL 'UNIT COST TOTAL UNIT COST TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Labor 0.00 0.0C 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Laborer 2.0.0 ea 8 1 43.00 688.0C 0.00 0.00 0.00 0.00 0.00 0.00 Foreman 1.00 ea 8 60.00 480.00 0.00 0.00 0.00 0.00 0.00 ' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Crew truck 1.00 ea 8 1 0.00 0.00 19.00 152.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 C.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Materiels 0.00 0.00 0.00 0.00 C.00 0.00 0.00 0.00 Paint '..00 Is 0.00 0.00 0.00 0.00 200.00 200.00 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 0.0C 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subs 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.0C 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUB TOTAL 1,520.00 17.50 286.75 1,824.25 18.24 1,842.49 1,168.00 152.00 200.00 0.00 SALES TAX 8.75% 0.00 17.50 OVERHEAD + PROFIT 0.20 233.60 0.15 22.80 0.15 30.00 0.05 0.00 TCTAL 1,401.60 174.80 247.50 0.00 Bond 1% ITEM tout.- ZONDIROS PROJECT National City Pump Station Rehab roof QUANTITY 1 ;s BID ITEM.# NA Remove and replace 14th St. DESCRIPTION UNIT PRICE 2461.791 DESCRIPTION OTY UNIT HRS # OF LABOR EQUIPMENT MATERIALS SUBCONTRACT SHIFT4SHIFTS RATE TOTAL RATE TOTAL UNIT COST TOTAL UNIT COST TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Labor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Laborer 2.00 es 8 1 43.00 688.00 0.00 0.00 3.00 0.00 0.00 0.00 Foreman 1.00 ea 8 1 60.00 480.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Equipment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 o.od' o.o0 0.00 0.00 0.00 0.00 0.00 0.00 Crew truck 1.00 ea 8 1 0.00 0.00 19.00 152.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Materials 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Lumber 0.00 Is 0.00 0.00 0.00 0.00 875.00 0.00 0.00 0.00 Fastners 1.00 Is 0.00 0.00 0.00 0.00 190.94 190.94 0.00 0.00 Shingles 1.00 Is 0.00 0.00 0.00 0.00 250.00 250.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subs 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Disposal 1.00 Is 0.00 0.00 0.00 0.00 0.00 0.00 300.00 300.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUB TOTAL 2,060.94 38.58 337.89 2,437 41 24.37 2.461.79 1,168.00 152.00 440.94 300.06 SALES TAX 8.75%e. 0.00 38.58 OVERHEAD + PROFIT 0.20 233.60 0.15 22.80 0.15 66.14 0,05 15.00 TOTAL 1,401.60 174.80 545.66 315.00 Bond 4'1% ITEM TOTAL City of National City, California COUNCIL AGENDA STATEMENT ..:EETING DATE June 3, 2008 AGENDA ITEWI NO. 10 ITEM TITLE Resolution of the City Council of National City approving a contract agreement between the City of National City and the City of Chula Vista to provide construction management services for the City's major street resurfacig and parks rehabilitation projects, and authorizing the Mayor to execute the contract agreement (Funded by TransNet, Traffic Congestion Relief and General Funds) PREPARED BY Din 1)aneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION See attached explanation. Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds will be available in the Account Nos. 345-409-500-598-6035, 307- 409- 00-598-6035 and 001-409- 500-598-4127. Account No STAFF RECOMMEATION As. �V 0 RD 1 COMMIS ION RECOMMEDATION pt he Reso N/A l ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Agreement Form sc A-200 (Rev. 7103) EXPLANATION: National City Engineering Department is gearing up to launch one of its largest construction programs this summer. To ensure the success of this program, the Department is preparing to bring the needed construction management station board. This new peak in our staffing needs is a result of our aggressive undertaking of such projects as paving program that has grown into an $8 million program as well as the parks renovation and several other facilities programs throughout the City. At the same time, the City of Chula Vista is facing a rapid decline in their CiP program. As such, Chula Vista is experiencing a decline in their stalling needs for this upcoming construction season. The situation appeared to offer an opportunity for both cities to work together such that we can create a win -win solution as far as staffing levels are concerned. National City and Chula Vista started a dialogue in this regard and after several rounds of discussions, both arrived at an agreement whereby Chula Vista Construction Management staff would be hired by National City to assist with the large construction program. In ensuring that the City of National City is also getting competitive Ices for the services, the Engineering Department asked for and received proposals from three different consulting firms to perform the same services. In comparing the personnel resumes and the fees, Engineering Department is satisfied that in hiring Chula Vista staff, we are getting highly qualified personnel at very competitive rates. in general, Chula Vista staff at the request of National City, will provide the services at the sites designated by National City. Chula Vista staff will periodically, and at the request of National City, attends and participate in meetings involving matters and/or projects for which Chula Vista is providing services pursuant to this agreement. Chula Vista will not perform work in excess of the described services without the prior, written approval of National ('ity's Director of Engineering and Chula Vista's City Engineer. All additions to the scope of work shall be mutually agreed upon and in writing, signed by the appropriate parties prior to the commencement of any additional duties. At this time, National City will is requesting assistance in managing its major pavement resurfacing and the parks and facilities rehabilitation projects during the construction activities. The following is the listing of general tasks for the street pavement resurfacing/parks and facilities and other projects during construction period. It is understood by both agencies that any or all of these tasks may be performed by Chula Vista staff, however, National City may decide to perform a portion or all of a task(s) by alternate means or resources. Chula Vista will work on an hourly basis with regular reports to National City on status of expenditures. o Field Surveys/Evaluations/Data Storage o Coordinate with Contractor. o Conduct Pre -Construction Meeting/Weekly Progress and Coordination Meetings. o Process Request for Information. o Assist in Processing Submittal/Shop Drawing Review. o Assist in Design Revisions and Project Change Orders. o Review, negotiate and make recommendations on Contractor- and Owner - generated construction contract change orders. o Process Contract Revisions. o Provide scheduling services for periodic review, analyze and track the Contractor's construction schedule. o Provide construction cost accounting services. o Conduct Materials inspection Coordination o IIold Weekly or Bi-Weekly Meetings o Close the Project. The detailed scope of services (Exhibit "A") is attached for further review. The contract will be effective June 4, 2008 which will continue through June 30, 2009. The hourly rates for the classifications will be based on the agreement and fees shown on the attached Schedule of Pees (Exhibit "B"). The agreement has a "not to exceed" amount for $200,000. The cost for these services will be financed by the appropriate CIP funding sources. The proposed agreement terms and conditions are attached for further review. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CITY OF CHULA VISTA IN THE NOT TO EXCEED AMOUNT OF $200,000 TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE NATIONAL CITY MAJOR STREET RESURFACING AND PARKS REHABILITATION PROJECTS WHEREAS, the City desires to employ the services of the City of Chula Vista to provide professional engineering services, including construction and project management for the National City Major Street Resurfacing and Parks Rehabilitation Projects; and WHEREAS, the City of Chula Vista is experienced in providing engineering, construction management, and project management services, and is fully qualified and willing to provide the assistance sought by the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with the City of Chula Vista in the not to exceed amount of $200,000 to provide construction management services for the National City Major Street Resurfacing and Parks Rehabilitation Projects. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of June, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHI II VISTA AND THE CITY OF NATIONAL. CITY This Agreement for Professional Services Between the City of Chula Vista and the City of National City (AGREEMENT) is entered into and in effect as of this 4th day of June, 2008, by and between the ('ity of Chula Vista (CIIULA VISTA), a municipal corporation, and the City of National City (NATIONAL CITY), a municipal corporation, and is made in reference to the following facts: WHEREAS, NATIONAI- CITY desires to employ the services of CHULA VISTA to provide professional engineering services, including construction and project management, to NATIONAL CITY, more specifically described in the Scope of Services. WHEREAS, CHULA VISTA is experienced in providing engineering, construction management, and project management services and is fully qualified to provide the assistance sought by NATIONAL. CITY. THEREI'ORE, IT IS AGREED AS FOLLOWS: TERM OF AGREEMENT A. "Phis AGREEMENT shall be effective beginning June 4, 2008. B. CIIIII.A VISTA shall commence the performance of its obligations under this AGREEMENT upon the,, effective date of this AGREEMENT", and shall continue through June .30, 2009, unless this AGREEMENT is otherwise terminated or extended. 2. SCOPE OF WORK A. Scope of Services. CHULA VISTA will perform services (DESCRIBED SERVICES) as set forth in the attached Exhibit " A". B. Research and Review. CIii.1LA VISTA shall be responsible for all research and review related to the work and shall not rely on personnel of NATIONAL. CITY for such services, except as authorized in advance by NATIONAL CITY. C. Changes to Scope of Services. NATIONAL CITY may from time to time reduce or increase the Scope of Services to be performed by CIIULA VISTA under this AGREEMENT. Upon doing so, NATIONAL CITY and CHULA VISTA agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with the change in services, subject to NATIONAL, CITY City Council approval if the change leads to an amount due that exceeds the funds authorized and appropriated pursuant to this AGREEMENT, otherwise subject to approval by the NA'i IONAL. CITY Director of Engineering. 1 of I;;-:- 1 Agreement for Professional Services Between Chula Vista and National City 1). CHULA VISTA will periodically, and at the request of NATIONAL. C'TI'Y, provide the services listed above at facilities operated by NATIONAL, CITY or at other sites designated by NATIONAL CITY. CiHJLA VISTA will periodically, and at the request of NATIONAL CITY, attend and participate in meetings involving matters and/or projects for which (='HIJLA VISTA is providing services pursuant to this AGREEMENT. 3. ADDITIONAL DUTIES CHULA VISTA shall not perform work in excess of the DESCRIBED SERVICES without the prior, written approval of NATIONAL CITY'S Director of Engineering and CIIULA VISTA'S City Engineer. All additions to the Scope of Work shall he mutually agreed upon and in writing, signed by the appropriate parties prior to the commencement of any additional duties. 4. ASSIGNMENT OF DUTIES The duties in the described scope of work are personal to CHUi.A VISTA, and may not be assigned or subcontracted to a third party without the prior written approval of NATIONAI. CiTY'S Director of Engineering. CHIJLA VISTA shall provide the names of the individuals assigned to perform the work pursuant to this AGREEMENT. Any changes in the individual(s) who will be assigned by CI-IUI.A VISTA to perform these services shall he subject to approval by NATIONAL CiTY's Director of Engineering. 5. CONFIDENTIALITY OF INFORMATION The parties recognize that much of the information to which access is granted may be confidential in nature. As such, CHULA VISTA agrees not to disclose this information to unauthorized persons without the prior written consent of NATIONAL CI7'Y'S City Manager. To the extent any of the information is protected by the attorney -client communication privilege or the attorney work -product privilege, CHULA VISTA agrees not to disclose this information, unless specifically authorized by the City Council of NATIONAL CITY and the City Attorney for NATIONAL CITY, respectively. All work performed by CHI ILA VIS"I'A including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by CHULA VISTA pursuant to this AGREEMENT is for the sole use of NATIONAT. CITY. G. PAYMENT FOR DESCRIBED SERVICES NATIONAL CITY shall pay CHULA VISTA for corrstnrction and/or project management services in accordance with the fee schedule attached as Exhibit H. In order for payment to be made, CHULA VISTA shall submit detailed monthly invoices to NATIONAL CITY for the number of hours for which it has provided consulting services. Payment shall be made on a monthly basis within forty-five (45) days of NATIONAL CI'1'Y'S receipt of CHULA viSTA•S invoices. 2oflT (2 Agreement for Professional Services NATIONAL CiTY has appropriated or otherwise duly authorized the payment of an amount not to exceed two -hundred thousand dollars (S200,000.00) for engineering, construction management, and project management services and out-of-pocket disbursements pursuant to this AGREEMENT. NT. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of NATiONAi. CITY. A. Billing Format. Each billing entry must be complete, discrete and appropriate. 1. Complete a. Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. h. the date the work was performed must he included. c. The hours should bc billed in .10 hour increments. d. The specific task performed should be described, and the related work product should he referenced ("telephone call re: change order request," "precon meeting with NC staff and contractors"). e. The name and title of the individual associated with the billing entry should be included. 2. Discrete. F.ach task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. 3. Appropriate a. NATIONAL CPfY does not pay for clerical support, administrative costs, overhead costs, mileage, outside expenses or excessive expenses. For example, NATIONAL CITY will not pay lb{ secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, travel time, postage, online research, or the overhead costs of sending or receiving faxes. Neither will NATIONAL C1"f Y pay for outside expenses such as messenger delivery fees, outside photocopying, or overnight mail. To the extent such expenses are incurred by CHULA VISTA, they are considered to already have been compensated for such expenses by the hourly rate being paid for the services provided pursuant to the AGREEMENT and no additional payment shall be due or made. b. Due to the nature of NATIONAL CITY's payment process, NATIONAL CITY will not pay any late charges. NATIONAi. CITY will pay hills within forty-five (45) days. 3 of Agreement lbr Professional Services Between Chula Vista and National City B. Acceptability of Work. NATIONAL CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed, and the acceptable completion of this AGREEMENT. in the event CHULA VISTA and NATIONAI, CiTY cannot agree to the quality or acceptability of the work performed by CIIULA VISTA pursuant to this AGREEMENT, NATIONAL CITY or CHULA VISTA shall give to the other party written notice within ten (10) business days, CHULA VISTA and NATIONAL, C'TTY shall each prepare a report which supports their position and file the report with the other party. NATIONAL, CT'[Y shall, with reasonable diligence, determine the quality or acceptability of the work and/or the compensation payable to CHULA VISTA. 7. TERMINATION NATIONAL CITY may immediately terminate this AGREEMENT for cause at any time. In the event NATIONAL CITY terminates this AGREEMENT, CHULA VISTA shall submit a detailed invoice for services already performed. Payment for services performed shall be made within thirty (30) days of a receipt of CHTJLA VISTA'S invoice for services. Either NATIONAL CITY or CIIULA VISTA may terminate this AGREEMENT with or without cause at any time by providing two weeks (14 calendar days) written notice to the other party. 8. STATUS OF CHTJLA VISTA NATIONAL, CiTY and CHULA VISTA recognize and acknowledge the relationship as that of independent contractor. CIIULA VISTA shall perform the DESCRIBED SERVICES in a manner of CiHULA VISTA'S own choice as an independent contractor, and not as an employee of NATIONAL CITY. Under no circumstances shall the designated employee from CHULA VISTA represent him/herself as an employee of NATIONAL CITY. Retention of CHULA VISTA is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. 9. CON1'ROT. Neither NATIONAL CITY nor its officers, agents or employees shall have any control over the conduct of CHULA VISTA or any of CHULA ViSTA'S employees except as set forth in this AGREEMENT, and CIIULA VISTA expressly agrees not to represent that CIIULA VISTA or CHI ILA VISTA's agents. servants; or employees are in any manner agents, servants or employees of NATIONAL CITY, it being understood that CHULA VISTA, its agents, servants, and employees are as to NATIONAL CITY wholly independent and that CHI VISTA's obligations to NATIONAT, CITY are solely such as are prescribed by this AGREEMENT. I'. 4ofi 1 I Agreement for Professional Services -n 10. HOLD HARMLESS Defense and Indemnity A. Claims Arising from Sole Acts or Omissions of NATIONAL CITY. NATIONAL CITY agrees to defend and indemnify CIIULA VISTA, and its agents, officers and employees, from any claim, action, or proceeding against CHULA VISTA, arising solely out of the acts or omissions of NATIONAL CITY in the performance of this AGREEMENT. At its sole discretion, CIIULA VISTA may participate at its own expense in the defense of any claim, action, or proceeding, but such participation shall not relieve NATIONAL. CITY of any obligation imposed by this AGREEMENT. CIIULA VISTA shall promptly notify NATIONAL CITY of any claim, action, or proceeding and cooperate fully in the defense. B. Claims Arising Front Sole Acts or Omissions of CHULA VISTA. CHT.JT..A VISTA agrees to defend and indemnity NATIONAL CITY, and its respective agents, officers, and employees, horn any claim, action, or proceeding against NATIONAL CITY arising solely out of the acts or omissions of CHULA VISTA in the performance of this AGREEMENT. At its sole discretion, NATIONAL CITY may participate at its own expense in the defense of any claim, action, or proceeding, but such participation shall not relieve CHULA VISTA of any obligation imposed by this AGREEMENT. NATIONAL CifY shall promptly notify CHULA VISTA of any claim, action, or proceeding, and cooperate fully in the defense. C. Claims Arising from Concurrent Acts or Omissions. CHULA VISTA agrees to defend itself and NATIONAL CiTY agrees to defend itself, from any claim, action, or proceeding arising out of the concurrent acts or omissions of CHULA VISTA and NATIONAL CJl'Y. In such cases, CIIULA VISTA and NATIONAL Ci'I'Y agree to retain their own legal counsel, hear their own defense costs, and waive their right to seek reimbursement of such costs except as provided in subsection E below. 1). Joint Defense. Notwithstanding subsection C above, in cases where CIIULA VISTA and NATTONAI. (_TfY agree in writing to a joint defense, CIIULA VISTA and NATIONAL CITY may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of CHULA VISTA and NATIONAL CITY. Joint defense counsel shall he selected by mutual agreement of the parties. The parties further agree that no party may bind the other party to a settlement agreement without the written consent of the other party. E. Reimbursement and/or Reallocation. Where a final judgment of a court award allocates or determines the comparative fault of the parties, CHULA VISTA and NATIONAL CITY may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments, and awards. consistent with such comparative fault. 5of1 5 Agreement for Professional Services Between Chula Vista and National City 11. ATTORNEYS' FEES Should either party to this AGREEMENT commence any legal action or proceeding against the other party based upon this AGREEMENT, the prevailing party shall be entitled to an award of reasonable attorneys' fees and all costs incurred in the investigation and prosecution or dcicnsc of any such action. 12. MiSCELLANEOUS PROVISIONS. A. Time of Essence. Time is of the essence for each provision of this AGREEMENT. B. California Law. This AGREEMENT shall he construed and interpreted in accordance with the laws of the State of California. CIIULA VISTA covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this AGREEMENT. C. Waiver. The failure of NATIONAL, CiTY to enforce a particular condition or provision of this AGREEMENT shall not constitute a waiver of that condition or provision or its enforceability. D. Conflict of interest. During the teen of this AGREEMENT, CHU?LA VISTA shall not perform services of any kind for any person or entity whose interests conflict in any way with those of NATIONAL.. CiTY. The individuals assigned by CIIULA VISTA to perform the services pursuant to this AGREEMENT shall not perform work for or provide information to CHl.1LA VISTA related to the project(s) for which the individuals are performing services for NATIONAL, CiTY. CL.IULA VISTA agrees to preclude these individuals from working on or sharing information about the same project(s) for the benefit of CH.ULA VISTA if they have worked on the project(s) for NATIONAL CITY. These prohibitions shall not preclude NATIONAL, CITY from expressly' agreeing to a waiver of a potential conflict of interest under certain circumstances. E. No Ohlit?ations to Third Parties. Except as otherwise expressly provided, the execution and delivery of this AGREEMENT shall not he deemed to confer any rights upon, or obligate any of the parties, to any person or entity other than the parties to this AGREEMENT. F. 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, and (iii) any rule or constniction 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, or amendments to the AGREEMENT. Goff;?- W Agreement for Professional Services RrtwPrn (tnila Villa anrt \taticsnal ('itv G. Notices. All notices or other communications required or permitted by this AGREEMENT 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 he 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 il' 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 ahove shall he directed to the following persons: To NATIONAL CITY: To CIIIJLA VISTA: Maryam Babaki, Director of Engineering City of National City 1243 National City Boulevard National City, CA !)1950-4301 Rick Hopkins, PE City Engineer/Assistant Director Engineering and General Services Department 276 Fourth Avenue ('ht.tla Vista, CA 91910-2631 H. Counterparts. This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed an original, but al] of which, together, shall constitute but one and the same instrument. 13. INSURANCE CIIULA VISTA shall provide its own liability insurance, including automobile liability insurance, health, disability, and any other insurance. CHULA VISTA. shall not be responsible for insurance coverage. for NATIONAL. CITY'S employees. NATIONAL CITY shall not be responsible for insurance coverage for CHULA VIS'I A'S employees. CHI ILA VISTA shall provide its own workers' compensation for any CIIULA VISTA employee who performs services pursuant to this AGREEMENT. 7 of i„t7 7 Agreement for Professional Services Between Chula Vista and National City 14. FILES All of Ci RJLA ViSTA'S files for matters involving NATIONAL CITY produced pursuant to this AGREEMENT, including works in progress. are the property of NATIONAL CITY, and upon termination of this AGREEMENT, shall be immediately delivered to NATIONAL CITY. Upon termination or expiration of this AGREEMENT, CHULA VISTA may retain copies of pertinent documents, but only if authorized by NATIONAI. CiTY. 15. ENTIRE AGRE,EMEN"I The text in this AGREEMENT constitutes the entire AGREEMENT between the parties. No verbal agreement or conversation with any officer, agent, or employee of NATIONAL CiTY, either belbre, during, or alter the execution of this AGRNFMENI , shall effect or modify any of the terms or obligations contained in this AGREEMENT, nor shall such verbal agreement or conversation entitle CHULA VISTA to any additional payment whatsoever. 16. SEVERABILiTY If any provision of this AGREEMENT is held to be invalid or unenforceable, that provision shall be deemed severable. The remainder of this AGREEMENT, or any portion of the AGREEMENT, shall not be affected and shall remain in full force and effect until the DESCRiHEI) SERVICES are completed or the AGREEMENT is terminated. IN WiTNESS WHEREOF, the parties have executed this AGREEMENT on the date and year first above written. CITY OF NA'I'iONAL CITY By: CITY OF CIIULA VISTA Ron Morrison, Mayor ,YSavid K. Gacia City Manager Manager APPROVED AS TO FORM: APPROVED AS TO FORM: George H. Fiser, II1 City Attorney 8of'? Ann Moore City Attorney Agreement for Professional Services Between Chula Vista and National City EXHIBIT A Scope of Work: The City of Chula Vista [Chula Vista] will provide Engineering and Technical staff to assist the City of National City [National City] in the management and delivery of pavement preservation and rehabilitation projects and various park and public facility improvements. A Senior Civil Engineer will serve as the Project Manager for the pavement projects and a Building Project Manager will serve as the Construction Manager for the parks and facilities improvement projects. The following listing of tasks serves to outline the process anticipated for project delivery, the estimated schedules, and approximate costs. It is understood by both agencies that any or all of these tasks may be performed by Chula Vista staff, however, National City may decide to perform a portion or all of a task(s) by alternate means or resources. Chula Vista will work on an hourly basis with regular reports to National City on the status of expenditures. 1. Tasks for Pavement Contracts. A. Survey/Assessment. 1. Two Field Evaluation teams (two members on each team for a total of four) shall perform field evaluations of residential streets using the PASER Manual criteria to assign PCI ratings to each street. Streets that are deemed appropriate for slurry seal will be marked out for dig -outs at the time the PCI determination is made. The Project Manager will lead the field evaluation team and shall update National City staff with the progress of the project. 9of:.. Agreement for Professional Services Between Chula Vista and National City B. Prioritize/Strategize. 1. At the completion of the field evaluation, the data will be stored in an Excel spreadsheet based on locations by neighborhoods. The purpose of grouping by neighborhoods is to target the entire neighborhood in order to develop an on -going pavement rehabilitation strategy. 2. The information may be placed in a Pavement Management Program (i.e. Street Saver), should National City elect to formally introduce a Pavement Management Program. Otherwise, the appropriate strategies will be selected based on the PCI of the street and the direction of National City. C. Plans, Specifications, & Engineering. 1. Construction Contract Preparation. a. Chula Vista will prepare the necessary plans and specifications for the Construction Contract(s). Contract preparation will occur concurrently with the field evaluations and includes: quantifying the surface area of the streets, quantifying the associated dig -outs per location, preparing the dig - out quantities, and preparing the plans and specifications. b. Construction Contracts will be finalized for National City staff to review one week after completion of fieldwork. 10of17i_.1 Agreement for Prolcssional Services Between Chula Vista and National City c. The plans and specifications will be signed and sealed by the Project Manager/Designer and approved by National City's City Engineer. 2. Advertisement of Project. a. A three-week advertisement period will commence after National City has approved the construction contract specifications. The day after opening bids and conducting the reference check, a letter will he issued to inform the Contractor that they are the lowest bidder, references have been checked, and that they should proceed with obtaining the required bonds and insurance certificates. 3. Award by City Council. a. Chula Vista's Project Manager shall prepare the required agenda statements and associated documents necessary for the award of the project. The Project Manager will attend the National City Council meeting for the award of the project and answer questions regarding the project, if requested to do so by National City. D. Construction. 1. Based on this schedule, construction is anticipated to commence for the first contract in August for a sixty -calendar day construction duration. 2. A Senior Civil Engineer, a Senior Public Works Inspector, and a Public Works Inspector II will be assigned to the Construction Inspection and Contract Administration portion of the work. Their duties include: a. Coordination with Contractor: Coordinate with the Contractor regarding issues such as permitting requirements, long lead item purchasing 11 or l/ Agreement for Professional Services Between Chula Vista and National City recommendations, implementation of the City specifications, coordination with the Contractor regarding such issues as community relations, permitting requirements, and pre -submittal questions. b. Coordination for special construction requirements: Hold as -needed pre - construction activities, such as site visits, with the Contractor. 3. Pre -Construction Meeting/Weekly Progress and Coordination Meetings: Chula Vista will prepare agendas, meeting minutes and chair all weekly progress and coordination meetings required by the project specifications, and as needed during the project at the direction of National City. 4. RFI's: Chula Vista will log and facilitate all Contractor Requests for Information [RFI's], coordinating with National City staff and assuring that RFI's are responded to expeditiously. 5. Assist in Processing Submittal/Shop Drawing Review: Chula Vista will log and facilitate all Contractor submittals/shop drawings for the project and provide a preliminary review assuring the submittal has been submitted as required by the Contract Documents. A submittal log will be kept to track the status on all submittals. 6. Assist in Design Revisions and Project Change Orders: Review, negotiate and make recommendations on Contractor- and Owner -generated construction contract change orders; address contract revisions, design 12 of 17.17 IP- Agreement for Professional Services Between Chula Vista and National City changes, unanticipated field conditions, additional work requests, etc. Once reviewed, Chula Vista staff will make their recommendations to National City for review prior to responding to the Contractor. 7. Contract Revisions: Chula Vista will prepare contract revisions, if required, during construction to resolve problems due to unanticipated field conditions or other field changes, and consult with, and advise, National City on contract revision -related issues. These contract revisions may or may not result in contract change orders. 8. Contract Administration: Chula Vista will provide scheduling services for periodic review, analysis, and tracking of the Contractor's construction schedule. Chula Vista will provide construction cost accounting services during the construction phase, including such tasks as progress payment review, cost accounting, budget tracking, general correspondence with National City, etc. 9. Materials inspection Coordination: Chula Vista will facilitate any required materials testing required by the contract and coordinate and review lab, shop and manufacturers test reports, results of field materials testing, etc. 10. Weekly or Bi-Weekly Meetings: Chula Vista will prepare agendas, meeting minutes, and chair all weekly progress and coordination meetings required by the specifications and as needed during the project. 13of1% i3 Agreement for Professional Services Between Chula Vista and National City 11. Project Closeout: Chula Vista will assist National City staff with project closeout, including final acceptance, claims negotiations, preparation of Notices of Completion, and making recommendations for final payment and release of retention or securities to the Contractor. 2. Tasks for Construction Management of Parks and Facilities Projects. A. Construction Manager duties include: 1. Plan, Specifications, and Estimate reviews: Provide review and comments of draft contract documents. 2. Coordination with Contractor: Coordinate with the Contractor regarding such issues as permitting requirements, long lead item purchasing recommendations, implementation of the City specifications, coordination with the Contractor regarding such issues as community relations, permitting requirements, and pre -submittal questions. 3. Coordination for special construction requirements: Hold as -needed pre - construction activities, such as site visits, with the Contractor. 4. Pre -Construction Meeting/Weekly Progress and Coordination Meetings:Chula Vista will prepare agendas, meeting minutes and chair all weekly progress and coordination meetings required by the project specifications, and as needed during the project at the direction of National City. 14of1 1 `f Agreement for Professional Services Between Chula Vista and National City 5. RFI's: Chula Vista will log and facilitate all Contractor Requests for Information [BFI's], coordinating with National City staff and assuring that RFI's are responded to expeditiously. 6. Assist in Processing Submittal/Shop Drawing Review: Chula Vista will log and facilitate all Contractor submittals/shop drawings for the project and provide a preliminary review assuring the submittal has been submitted as required by the Contract Documents. A submittal log will be kept to track the status on all submittals. 7. Assist in Design Revisions and Project Change Orders: Review, negotiate and make recommendations on Contractor- and Owner -generated construction contract change orders; address contract revisions, design changes, unanticipated field conditions, additional work requests, etc. Once reviewed, Chula Vista staff will make their recommendations to National City for review prior to responding to the Contractor. 8. Contract Revisions: Chula Vista will prepare contract revisions, if required, during construction to resolve problems due to unanticipated field conditions or other field changes, and consult with, and advise, National City on contract revision -related issues. These contract revisions may or may not result in contract change orders. 9. Contract Administration: Chula Vista shall provide scheduling services for periodic review, analysis, and tracking of the Contractor's construction 15 of 1: Agreement for Professional Services 15 Between Chula Vista and National City schedule. Chula Vista will provide construction cost accounting services during the construction phase, including such tasks as progress payment review, cost accounting, budget tracking, general correspondence with National City, etc. 10. Materials Inspection Coordination: Chula Vista will facilitate any required materials testing required by the contract and coordinate and review lab, shop and manufacturers test reports, results of field materials testing, etc. 11. Weekly or Bi-Weekly Meetings: Chula Vista will prepare agendas, meeting minutes, and chair all weekly progress and coordination meetings required by the specifications and as needed during the project. 12.Project Closeout: Chula Vista will assist National City staff with project closeout, including final acceptance, claims negotiations, preparation of Notices of Completion, and making recommendations for final payment and release of retention or securities to the Contractor. 16of1! Agreement for Professional Services Between Chula Vista and Naticmal ('itv Exhibit B CITY OF CHULA VISTA — SELECTED HOURLY RATES for Agreement with City of National City Employee Classification Hourly Rate Thru 6/30/08 Hourly Rate 7/01/08 to 12/31/08 Hourly Rate 1/01/09 to 6/30/10 Associate Engineer $117 Associate Civil Engineer $123 Senior Civil Engineer $134 Principal Civil Engineer $168 Engineering Technician II $89 Senior Engineering Technician _ $91 Public Works Inspector II $102 Senior Public Works Inspector $117 Sr. Building Projects Supervisor $121 Land Surveyor1 _ $126 Assistant Surveyor II $109 Surveying Technician II $74 $121 $128 $140 $175 $92 $95 $106 17of1 17 $126 $133 $145 $182 $96 $99 $110 $121 $126 $126 $131 $131 $136 $114 $77 $118 $80 /7 Agreement for Professional Services Between Chula Vista and National City City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 3, 2008 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City of National City accepting the work from Portillo Concrete, Inc., approving the Contract Final Balance Change Order Form with the final amount of $329,957.00 and authorizing the City Engineer to sign the Contract Final Balance and tile the Notice of Completion with the County Recorder for the Miscellaneous Concrete improvement Project at Various Locations, Specification No. 07-04. (Funded by CI)BG & General Funds). PREPARED BY Yolando Vitug DEPARTMENT Engineering EXT. 4414 EXPLANATION Please see attached. Environmental Review: x N/A c)remtta__ Financial Statement: The funds were available through Accounts Numbers 301-409-500-598-6134 and 001-409-500-598-6137. TAFF RECOMMENDATIO Adopt the Resol ARD / OMMS ON RECOMMENDATION N/A ATTACHMENTS (Listed Below) I. Resolution Resolution No. 2. Notice of Completion 3. Contract Final Balancing Change Order Sheet A-200 (9/80) EXPi,ANATION: On November 20, 2007 by Resolution No. 2007-254 the City Council awarded a contract to Portillo Concrete, Inc. in the amount of $254,500 to install miscellaneous concrete improvements including curb & gutters, sidewalks, and pedestrian ramps at various locations. The project includes the removal and replacement of existing curb & gutter, sidewalk and gutter. sidewalk, and installation of new concrete sidewalks, and pedestrian ramps, involving minor pavement repairs, at various locations in National City. On December 17, 2007 the Change Order Number One was executed in the amount of $5,000 to pave the Alley located between "C" and "D" Avenues. (.)n April 8, 2008 the Change Order Number 'Iwo was executed in the amount of $3,000 to install two handrails behind the proposed pedestrian ramps located at the intersections of 16'1i Street and "E" Avenue. 16'h Street and "F" Avenue to provide safety for the pedestrian traffic. On May 20, 2008 the Change Order Number Three was executed in the amount of $41,000 to install additional sidewalks/pedestrian ramps at the following locations: 1) Plaza Boulevard and Grove Street 2) Plaza Boulevard and Euclid Avenue 3) Plaza Boulevard between Palm Avenue and" N" Avenue per City request. All of the work has been completed per the contract unit prices. A final inspection was conducted and the work was found to be in accordance with the approved plans and specifications. The Contractor has submitted the final contract documents for the project closure. The purpose of the Contract Final Balance Change Order Form is to finalize the contract quantities and construction completion time, and to address the final adjusted work for acceptance of the project completion. The total final contract amount for the construction is $329,957.00. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK FROM PORTILLO CONCRETE, AUTHORIZING THE CITY ENGINEER TO EXECUTE THE CONTRACT FINAL BALANCE CHANGE ORDER FORM WITH THE FINAL AMOUNT OF $329,957, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENT PROJECT AT VARIOUS LOCATIONS BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Portillo Concrete for the Miscellaneous Concrete Improvement Project at Various Locations has been completed, the City Council of National City hereby accepts said work, authorizes the City Engineer to execute the contract final balance change order form with the final amount of $329,957, authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 3rd day of June, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONTRACT FINAL BALANCING CHANGE ORDER FORM MISC. CONCRETIi IMPROVEMENTS AT VARIOUS LOCATIONS. 7CIFICATION NO. 07-04, CONTRACTOR: POR"17LLO CONCRETE, INC. ORIGINAL CONTRACT AMOUNT: $254,500.00 No. 1 Description IIID ITEMS Qt� Clearing & Grubbing Including the SWPPP Conc. Sidewalk R/R Per G-7 Installation of Ped. Ramp Per G-28 (w/G-30) Installation of Ped. Ramp Per G-29 (w/G-30) Installation of Ped. Ramp Per G-31 (w/G-30) Remove & Replace Curb & Gutter Per G-2 Traffic Control Install New Sidewalk Per (;-7 10 11 1 10,000 tinit I.S SF Page 1 of 2 STAKE DATE.: 01 • 14 08 COMPLETION DATE : 04-11-08 Unit Price 29 38 H:A $7,500.00 Contract Amount $7,500.00 EA S8.00 Final Final OtAmount 1.25 $9,375.00 S80,000.00 $1,900.00 $55,1 00.00 $1,900.00 EA 80 LE $1,900.00 $72,200.00 LS Variable Thickness A.C. 3,000 SF 20 Remove & Replace Exist. Driveway per G-I IA-B Crushed Miscellaneous Base C.O. 1 C.O. 2 C.O. 3 TOTAL 50 TN $50.00 $3,800.00 $4,000.00 $3,000.00 $7._50 $3,000.00 15,556.5 $124,452.00 33 $67,700.00 36 $68,400.00 4 $7,600.00 102 $5,100.00 S22,500.00 $250.00 AC Alley Paving Hand Railing 10 S (- 1.25 $3,750.00 4408 $33,0611.00 $5,000.00 $8.00 TN Additional Work such as Pedestrian Ramps and Sidewalks (See the Line items 1 through 9 for adjustments). GRAND TOTAL 1 $100.00 $400.00 1,S $ 1 ,000.00 24.48 $6,120.00 50 $400.00 $254,500.00 $5,000.00 EA 10 $1,000.00 $5,000.00 $1,500.00 LS $41,000.00 $3,000.00 $41,000.00 S321,957.00 $5,000.00 2 $3,000.00 1 See adjusted items 1 through 9 above $329,957.00 $ 329,957.00 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAI. CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAI. CITY. CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION I093 NOTICE IS HEREBY GIVEN of the completion on June 3, 2008 of the Miscellaneous Concrete Improvements at Various Locations,Spec. No. 07-04 Work of improvement of portion of work of improvement under construction or alteration. onthe premises located at Various I.ocations in National City, Ca 91950 Street Address City State Zip Codc 'l'he undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee, ctc.) Said work of improvement was performed on the property pursuant to a contract with PORTILLO CONCRETE, INC. Name of Original ('ontractor The following work and material were supplied: Saw -Cutter Operators, Mason Laborer, Equipment, Utility Tnlcks and Concrete Truck. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in conunon, or other owners Dated: , 2008; Signature of Owner City of National City, 1243 National City Blvd., National City, (:A 91950 1, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty ofperjury that the forgoing is true and correct. Executed on , 2008, at , California. Signature: RON MORRISON, MAYOR City of National City, California COUNCIL AGENDA STATEMENT 12 .MEETING DATE June 03, 2008 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement in the annual amount of $43,200 with Cox Communications, Inc. to lease a 60MB data circuit to upgrade the Internet bandwidth at City facilities. PREPARED BY DEPARTMENT Ron Williams 21 MIS (Ext. 4373) EXPLANATION The City of National City currently leases a 10MB circuit(Library) and a 1.5MB circuit(City Hall) from AT&T at a cost of $30840 annually. The 10MB circuit is dedicated for library use only, leaving the 1.5MB circuit for the remaining City of National City Internet traffic. This bandwidth will not be adequate to support the types of network traffic(streaming media, online transactions) we anticipate the new website will generate. M.I.S. has obtained the following price quotes for the 60 MB circuit: AT&T $54,348 (50MB) COX Communications $43,200 (60MB) XO Communications $55,968 (45MB) It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, and award the contract to Cox Communications Inc, for the following reasons: 1. Cox Communications owns local fiber infrastructure throughout National City. 2. The price has been determined to be competitive within the industry. 3. No further purpose would be served by issuing a formal bid at this point in the process. Environmental Review Financial Statement N/A Approved By: Finance Director Account No. 631-415-000-248-000 STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. i. Attachment 1: Contract A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING WAIVER OF THE BIDDING PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE A 36-MONTH LEASE AGREEMENT WITH COX COMMUNICATIONS, INC. TO LEASE A 60MB DATA CIRCUIT IN THE ANNUAL AMOUNT OF $43,200 WHEREAS, the City currently leases a 10MB circuit and a 1.5MB circuit from AT&T at a cost of $30,840 annually; and WHEREAS, the 10MB circuit is dedicated for library use only, leaving the 1.5MB circuit for the remaining City Internet traffic; and WHEREAS, the City's current bandwidth for Internet purposes is not adequate to support the types of network traffic that will be generated by the City's new website; and WHEREAS, staff recommends leasing a 60MB data circuit in the annual amount of $43,200 from Cox Communications, Inc. (Cox) because Cox owns local fiber infrastructure throughout National City, their pricing is competitive within the industry, and no further purpose would be served by issuing a formal bid; and 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. NOW, THEREFORE, BE IT RESOLVED that the City Council finds that special circumstances exist, and authorizes the waiver of the bidding process. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a 36-month Lease Agreement with Cox Communications, Inc. for a 60MB Data Circuit In the annual amount of $43,200. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of June, 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eis'er, III City Attorney Ron Morrison, Mayor 05/29/2008 THU 14: 20 FAX 6192692496 Cox B'isiness t.1002/020 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COXCOM, INC.; COX CALIFORNIA TELCOM, LLC THIS AGREEMENT is entered into this day of , 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and COXCOM, INC.; COX CALIFORNIA TELCOM, LLC (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a contractor to provide Internet services. WHEREAS, the CITY has determined that the CONTRACTOR is an internet provider 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 "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Jamie Hughes 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. Wendy Aid 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 1 05/29/2008 THU 14:21 FAX 6192692496 Cox Business s ^^3/2: shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall riot exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the CITY. 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'/Vas 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. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit W. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. [INTENTIONALLY OMITTED] 8. 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; CONTRACTOR may assign this Agreement and all of its rights hereunder without the City's consent to any entity which controls, is controlled by or is under common control with CONTRACTOR; to any entity succeeding to CONTRACTOR's interest in the Franchise area; or to any entity pursuant to a merger, sale or exchange of stock or sale or exchange of assets. 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. 2 City's Standard Agreement - May 2008 revision OS/29/20013 THU 14:22 FAX 6192692495 Cox F siness tIJ004/020 9. 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. 10, 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. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. 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. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTORshall 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 3 City Standard Agreement - May 200© revision 05/29/2008 THU 14:22 FAX 6192692496 Cox Business j^^5/22" medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. 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. 15. INDEMNIFICATION AND HOLD HARMLESS. CONTRACTOR shall indemnify and hold Customer and its respective affiliates, subcontractors, employees or agents (collectively, "City Parties") harmless from and against (i) any claim, actions or demands relating to or arising out of any bodily injury and/or property damage to the City Parties in connection with CONTRACTOR's installation or operation of the Services and (ii) any claim that the Services provided by CONTRACTOR under this Agreement infringes on the patent, copyright, trademark or other intellectual property right of any third party, except to the extent any such claim arises from (i) the City Parties' misuse of the CONTRACTOR equipment, (ii) City Parties' combination of the CONTRACTOR equipment with other infringing equipment, (iii) any content or software displayed, distributed or otherwise disseminated by the City, its employees, or users of the Services, or (iv) the negligence, omission, or intentional misconduct of the City Parties." 16. 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 4 C,tys Standard Agreement - May 2008 revision 05/29/200e TIIU 14: 21 i'n.X F' 92592'g6 Cox ?csic:ess U1006/020 claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasorable 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 acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this. Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTORs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. [INTENTIONALLY OMITTED] B. Autornobile 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 owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 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 Agreernent. In addition, the "retro" date must be on or before the date of this Agreernent. I I. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to the CITY. 18. 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 5 Ci,ys Standard Agreement - May 2008 revision 05/29/2008 THU 14:24 FAX 6192692496 Cox Business j00 i/!'2. the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of Its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION/DEFAULT. 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 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 in the event such breach or failure is not cured within thirty (30) days after CONTRACTOR's receipt of written notice of default from the CITY specifying the nature of the default in reasonable detail; provided, however, that such 30-day period shall be extended for the time reasonably required if the nature of the default requires additional time, as long as CONTRACTOR has commenced the cure and is diligently prosecuting such cure to completion; however, in no event shall the cure period be extended for a period in excess of ninety (90) days after CONTRACTOR's receipt of written notice of default from 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. 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. E. The CiTY shall be in default of this Agreement if The CITY fails to perform any term, covenant or condition of this Agreement to be performed by The CITY and such failure is not cured within thirty (30) days after receipt of written notice from CONTRACTOR specifying the nature of the default in reasonable detail; provided, however, 6 City's Standard Agreement — May 2008 revision 05/29/2008 THU 14:25 FAX 6192692496 Cox Busiocse 0008/020 that such 30-day period shall be extended for the time reasonably required if the nature of the default requires additional time, as long as Licensor has commenced the cure and is diligently prosecuting such cure to completion; however, in no event shall the cure period be extended for a period in excess of ninety (90) days after the CITY's receipt of written notice of default from CONTRACTOR. In the event of any such default by Licensee and at the CITY's refusal to cure such default, CONTRACTOR shall be entitled, at CONTRACTOR's option, to terminate this Agreement and to remove all of equipment and facilities, improvements or personal property located at the the Project at the CITY's expense. F. If The CITY fails to comply with any material provision of this Agreement within the applicable cure period, including, but not limited to failure to make payment as specified, then CONTRACTOR, may pursue one or more of the following courses of action upon notice to The CITY as required by tariff or applicable law: (i) terminate service whereupon all sums then due and payable shall become immediately due and payable, (ii) suspend all or any part of Services, and/or (iii) pursue any other remedies, including reasonable attorneys' fees, as may be provided at law or in equity. 21. LIMITATION OF LIABILITY. CONTRACTOR SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL CONTRACTOR BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. CONTRACTOR SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF CONTRACTOR. UNDER NO CIRCUMSTANCES WILL CONTRACTOR BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS ARISING FROM THIS AGREEMENT 22. WARRANTIES. EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND CONTRACTOR DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. CONTRACTOR MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 21. 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 mall, 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: 7 Cit's Slacdard Agreement - May 2008 revision 05/29/2008 TUU 14:25 FAX 8192692496 Cox Business f^^? To the CITY: To the CONTRACTOR: Ron Williams, IT Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 CoxCom, Inc.; Cox California Telcom, LLC 5159 Federal Blvd. San Diego, CA 92105 Attn: Richard Gonzalez With a copy to: Cox Communications, Inc. 1400 Lake Hearn Drive, N.E. Atlanta, GA 30319 Attn: Mark F. Padilla, Esq., Assistant General Counsel 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. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ 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. 8 C:y'� Standard Ag cement — May 2009 revision 05/29/2008 THU L4:26 FAX 6192G92C96 L'uv, Th.S fl,ss ZO10/020 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. The terms and conditions of this Agreement, supplemented by that the terms and conditions of that certain ICB Commercial Services Agreement dated by and between CONTRACTOR and THE CITY (the "Cox Terms and Conditions"), which is attached hereto as Exhibit "B" and made a part hereof, and the Scope of Work, which is attached hereto as Exhibit "A" and made a part hereof, collectively represent the entire agreement of CONTRACTOR and the CITY with respect to the subject matter hereof, and all agreements entered into prior hereto with respect to the subject matter hereof are revoked and superseded by this Agreement, and no representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein or in other contemporaneous written agreements. This Agreement may not be changed, modified or rescinded except in writing, signed by CONTRACTOR and the CITY, and any attempt at oral modification of this Agreement shall be void and of no effect. Notwithstanding any term or provision of the Agreement to the contrary, in the event of any inconsistency between the terms and conditions of this Agreement and Cox Terms and Conditions as described in Exhibit "B", the terms and provisions of this Agreement shall be controlling for all purposes and in all respects. Notwithstanding the foregoing, CONTRACTOR and the CITY hereby agree and acknowledge that (i) the "Termination Charges" section on the cover page of the Cox Terms and Conditions, (ii) the penultimate sentence of the cover page of the Cox Terms and Conditions, and (iii) Paragraph 9 of the Cox Terms and Conditions shall each be deleted in their entirety. 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 9 City's Standard Agreement - May 2C06 revision O5/29/2008 THU 14:2/ FAX 6192692496 Cox Business A011/020 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. [SIGNATURES ON FOLLOWING PAGE] 10 City s Standard Agreement - May 2008 revision 05/29/20CP FHU '4:2! FAX 5192692e95 Cox 3uc ness U012/020 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY COXCOM, INC.; COX CALIFORNIA TELCOM, LLC By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, 111 City Attorney 13y.4) Jodi Duva By: Director of Sales (Name) (Title) 1/ 05/29/2008 THU 14:27 FAX 6192692496 Cox Business '2:0L3/02: Exhibit A Scope of Work [See Attached] 11 05/29/2008 THU 14:27 FAX 6192692496 Cox Business t (",014/020 Exhibit B Cox Terms & Conditions [See Attached] i_3 05/29/2008 THU 14:28 FAX 6192692496 Co>: Business Between Cox Business and City of National City Project Scope of Work: Locations: 1) 1243 National City Blvd, National City, CA. 91950 Project Objective/Deliverable: 1) Cox Business will be constructing fiber optical cable to 1243 National City Blvd, National City, CA 91950, data room and installing a Nortel OM 3500 0C48 Sonet ring protected customer premise equipment and rack. The Cox Optical Internet 60 Mbps will be provided on the OM 3500. Cox Business will assign 32 IP Addresses to the circuit, at any time; the customer can request more IP at 32 IP Address Blocks, up to a full class C (256). Cox Business will provide an Ethernet hand off via copper RJ-45 or fiber optical patch cord (Multi -mode) depending on the customer's equipment. Statement of Responsibilities: Cox Business Services 1) Will install and maintain the Nortel OM 3500, including the battery UPS equipment. 2) Will install and maintain the fiber optical cable and repair it with no cost to the customer in the event of it being cut in the public right of way. 3) Proved a customer support number for technical support: 619-269-2000. City of National City 1) Will maintain its' own network and any equipment attached to Cox Business Services. Contract Type: New Service / Equipment Description: Cox Optical Internet 60 Mbps Qty: 1 Term in Months: 36 MRC: 3,600.00 NRC: 750.00 Contact Information: Name Cell Office Company E-Mail Jamie Hu:lies 619-838-6291 619-266-5296 Supervisor Systems Ops 'amie.hu hesucox.corn Darren Segel 619-726-5392 619-269-2422 Manager Customer Fulfillment darren.segei cox. co n Alan Sup 619-206-9945 619-269-2441 Sales Engineer alan.suplcox.com Ron Williams 619-336-4373 City of National City IT via rwilliamscci.natignal-city.ca.us *ft is agreed that any dates missed on this timeline n,ay result in a delayed final installation **It is agree( that any changes made to the above canditio is must be documented hi an a Headed scope of work and may result in a delayed installation date. Authoriz d Representative for Cox Communications, Inc.: / Date:_ `i72� W, O5/29/20^9 THe '.4:2e FAX 6'.92692496 Cox lti• ^.eSS Oleic/ozo OIC Business' Cust. Account #: Federal Tax ID/SS it: CUSTOMER INFORMATION Company Name: City of National City Doing Business As: Service Address: 1243 NATIONAL CITY BLVD City/State/Zip: NATIONAL CITY, CA - 91950 BILLING INFORMATION BI11ing Name: Billing Address: 1243 NATIONAL CITY BLVD City/State/Zip: NATIONAL CITY, CA - 91950 Contract Type New Cox Optical Internet 60 Mbps - Additional Features Service %Equipment Description Commercial Service Agreement City 5159 Federal Blvd, San Diego, CA - 92105 Sales Rep: Richard Gonzalez AUTHORIZED CUSTOMER CONTACT INFORMATION Name: Ron Williams Title: IT Director Business Phone: 619-336-4373 Cell Phone: Business Fax: ADDITIONAL AUTHORIZED CUSTOMER CONTACTS Name: Soriano Gabby Name: E-Mail: rwilliams c©ci.nationai-city.ca.us Term in Months 36 Contract Totals: MRC NRC Waived NRC 3,600.00 -0.00 3,600.00 750.00 0.00 750.00 Customer Initial 5.00 0.00 Important Information for Customer: jteeardina Data Installation- Cox does NOT install hardware (including Network interface cards) or software on customer's computers, servers, or LANhardware. Cox Business Services does not install or support customer premise networks. If network wiring is required, the customer may choose to wire the network themselves or have it completed by a third party vendor. The Cox point of demarcation is the Ethernet connection on Cox provided routing device or cable modem. Should customer require to move the data service after installation, charges may apply, Roc -larding Phonejnstallgtlona - Cox Business Services' point of demarcation is the building's minimum point of entry (MPOE). This point is generally the network interface unit or the telephone closet. Activation charges include the technician verifying dial tone at the point of demarcation. Additional verifications inside the business can be requested for an additional fee, per location. Should inside wiring (wiring past the point of demarcation) be required, the customer has three options: 1.Wiring is completed by the customer 2. Wiring is completed by third party contractor 3. Wiring is completed by Cox Business Services installation technician; for an additional fee. --Teri iiii-atiAfi-CAute a rfjes-egual-le-tile-eeni-ef-Me-wefV6d-Retiereeurring-oharge-fe ice 11w Ived by—" 49.., thc'Company at aeivicc initiation pLsa 4043%-ef-aep-cnenthlp-eheFgee-ter-the-unfolfiiced-ter tfneriF witl4-eppiied if-sewlee-- •is"tennn,atotf N, ivi-teth -term-corm nitntcf.t n,Jn.dted--ebo.e.. ElFor Private Ling Type Services- If this Box contains an "x", Customer represents that at least 10% of the traffic on the Services Is Interstate, International and/or delivered via the Internet. [Sales Tracking Code (internal use only) - rrackingCode Special Conditions: The undersigned represents that he/she is the Customer or is the Authorized Customer Representative identified above and is authorized to sign thls Agreement on behalf of Customer for the services in this Agreement and that the customer information is true and correct. This Agreement binds Customer to the Rates, Terms and Conditions of Service applicable to each of the services selected above, including any termination penalties that may apply. Customer understands that telephone services selected above are provided by Cox California Telecom, LLC, and that such services are subject to rates, terms and conditions contained in tariffs on file with, as well as the regulations of, the California Public Utilities Commission and/or the Federal Communications Commission, and that such regulations may ehango from time to time. If Customer subscribes to or uses State -to -State and/or International telecommunications services, such servicos shall be provided pursuant to the Cox Customer Service Agreement which may be found at our wob-site at www.cox.com/telephone/customerservicesagreernent.asp. All Services are subject to the Terms and Conditions on Pages 2 & 3 attached hereto. Internet, Data, Web Hosting and/or Web Coriferencing, Cox Mails"' E-Mail Services, if selected by Customer, are subject to Acceptable Use Policies located at www .coxbusIness.corn/.ArceptableUsePolicy.pdf and Customer acknowledges receipt of these by signing below. The 05/29/2008 'THU 14:29 FAX 6192692496 Cox Business undersigned authorizes Cox to check credit and this Agreement is subject to credit approval. Prices listed do not include applicable taxes, fees, assessments or surcharges. Where there is a conflict between the tariff and the rates, terms, and conditions specified in this ICB CSA, the ICB Agreement controls. niainit Sewiees-ehell-be-eribjeeFEe-pfiee--- -ifforeaso-for-tfae-femaiaiag-veivico iofm. Customer agrees that Cox may execute this Agreement using an electronic signature. Customer Authorized Signature: Print Name: Title: Date: CoxCom, Inc, ; Cox California Telcom, LLC If Customer terminates any Service that is part of a bundle offering, the remaining Services shall be subject to price increase tar the remaining Service term. I (p 05/ 29 / 2008 THU 4: 30 FAX 6! 92692496 Cox 73u.sin=,s,; e018 / 020 CO OUSIMSS Services. Cost Account #: Sales Rep: Richard Gonzalez tetwos.Kaammarmamottme.lotstsa,aw,gasmaamm Customer Name: City of National City Doing Business As: Service Address: 1243 NA tioNAL CITY BLVD City/State/Zip: NATIONAL CITY, CA - 91950 Service Detail Sales Phone: 6192692433 Sales Fax: DEVIONOMMAMERNMOMMVOMVOM101 Ordered By: Ron Williams Ttitle: IT Director Business Phone: 619-336-4373 Cell Phone: Business Fax: E-Mail Address: rwilliamsgcimational-city.caus .1).._,..1.1-tf!.,52*,.(.1.0.1.1...1i.t.?.cikw.11 h() 161))3 : • - ii• I • I - 1 ' ' . . . ' • ' • • ' . - - Part: Trit'aelktia-Ctti',. ?,,.' , .. )...•••B, • ea r . , • 'Attelvf...• l• al l'En Vi; .,a. 1W:A t•Ysti n , et INT. A ' ''.1etal aSY//t i • All Pi er Descnlor 6 - Data flouter for COI /7 05/29/2006 iHU 14:30 FAX 6192692496 Cox Business y�:Ul 9/02" A. Trans end Cujtliligns of Reglilated_Service 1. Tariffs Regulated Services are provided pursuant to rates, terms, and conditions contained in tariffs on file with state and/or federal regulatory authorities, and Cox may amend such tariffs and regulated Service shall be subject to such tariffs, as amended. Customer must disclose to Cox if Customer intends to use the Services in connection with payphone service. After the Initial term, this Agreement shall automatically renew for one (1) year terms at me same rates, terms and conditions unless a party gives the other written termination notice at least thirty (30) days prior to the expiration of the then existing term. The tariffs contain Service cancellation or termination charges due to cancellation or termination of Service prior to the term selected on the first page of this Agreement. Termination chargesindude, but are not limited to, nonrecurring charge;, charges paid to third parties on behalf of the Customer, and the monthly recurring charges for the balance of the term, 2. Telenllpne Number, Cog will be the. Carrier of record for the Customer's assigned telephone numbers, end numbers that are ported to Cox from another carder, These numbers, while not the property ofthe Customer, are reserved for their sole usage during the time service is active with Co,x. and can be retained for the Customer's use If ported to another carrier at the termination or explratlon 'of this Agreement. All number assignments arid use shall be subject to the rules and regulations of the North American Numbering Plan Administrator. Any telephone number designated by Cox In advance of the activation of Cox telephone service is subject to change by Cox. Additional terms and conditions regarding telephone numbers are contained In Cox tariff(s). 3. State -to -Slate and I,ntsrnetlonal a t3dGe If Customer subscribes to or uses State -to -state and/or International telecommunications Services from Cox, such Services shall be provided pursuant to the terms and conditions contained In Cox Customer Service Agreement which may be found at our web site: ww w.cox. com/telephone/custo m er s ervicesagreement asp. 4, PBX Usape. Pnuinment, and E911 Services If Customer uses a Private ()ranch Exchange (PBX) ie connection with the Services, Customer Is responsible for programming the PBX to ensure that agencies receiving Egli emergency calls through the PBX will receive appropriate Information about the location of the caller. For certain telephone Services, an embedded multimedia terminal adapter (eMTA), an integrated access device (IAD), or an analog terminal adaptor (ATA) will be provided and.lnstalled by Cox at no charge to Customer. Only the eMTA and Ark will have battery backup provided by Cox. Customer is responsible for battery backup for the IAO. In the event of a power outage, your telephone Service using an eMTA or ATA will continue to operate es usual for up to eight hours with the backup battery provided by Cox. The duration of Service during a power outage using an IAD will depend on Customer's battery backup choice. If the eMTA, ATA, or IAD that supplies your telephone Service Is disconnected or removed and/or the battery Is not charged, Service, Including access to E911, will not be available. Cox uses your telephone Service address to Identify your location for E911 Service. To ensure that H911 dispatch receives your correct address, the eMTA, ATA and/or IAO installed in your business should not be moved. Please notify Cox If you would. like to move or relocate your telephone Service. It can- take up to 2 business days for your new address to be updated. 5. pjhi,(icreva. The FCC requires that business customers set up and use a Private Identification Number (PIN) when communicating with Cox to obtain certain Information about, or to make certain changes to, their telephone account. Use of this PIN may be.waived when communicating with an account represeetattve dedicated to Customer's account. Telephone Service is subject to the Cox privacy policy posted et Jdtu•LLwww cox rom/nolirv!#O,ndltte3.11eary Niece f3 Unregulated Servicee and Service not euhiert to tariffe 1. Payment Customer shall pay for all monthly service charges, plus one -lime set-up, Installation and/or construction charges. Unless staled otherwise herein, monthly charges for Services shall begin upon Butellaton of Service, and installation charges, if any, shall be due upon completion of installation. Any amount not received by the due date shown on the appfcabie bill will be subject to interest or a late charge at the maximum rate allowed by law. Upon notice to Custorner, Cox may change Video Service prices periodically during the Term of this Agreement. If applicable to the -Service, Customer shall pay sales, use, gross receipts, excise, access, universal service fund assessments, 911 fees, franchise fees, bypass or other local, state and Federal taxes or charges Imposed on the use of the Services. Taxes will be separately stated on the Customer's invoice. No Interest will be paid on deposits. 2 Service and Installatina Cox shaft provide Customer with the Services and Equipment identified on the first page of this Agreement. Customer Is responsible for damage to any Cox equipment. Customer may use the Services for any lawful purpose, provided that such purpose (a) does riot Interfere or impair the Cox network, equipment and (b) compiles with the applicable Acceptable Use Policies ('AUP") which are Incorporated herein by reference. Customer shall use the equipment only for the purpose of receiving the Services. Unless provided otherwise herein, Cox shall use reasonable efforts to maintain the Services in accordance with applicable performance standards. For cable modem Internet Services, bandwidth speeds may vary and Customer may not always receive or obtain optimal bandwidth speeds. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, wen conferencing / web hosting Services shall be subject to the Cox AUP and the AUP Is available online at www roxbusleesecom/atceotableeeenofirv,pdf. Web hosting customers may view their AUP by clicking on the Control panel. Upon notice to Customer, the-AllPs may be amended from time to time during the Term of this Agreement. Customer's continued use of the Services following an amendment shall constitute acceptance. 3. Sersice Start Date and (erns This Agreement shall he effective upon execution by the parties. Services shall be provided tor the applicable term set forth on the first page of this Agreement and such term.of Service shall begin upon installation -of Service; provided. that if Customer delays Cox Service installation, Cox may Immediately' begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shell not be liable for damages resulting from delays in meeting service dates due to construction delays or for reasons beyond its control. 4. ro.tomer Resnioneiblllile3 Customer Is responsible for arranging all necessary rights of access for Cox Including space for cables, conduits, and equipment as necessary for lox -authorized personnel to install, repair, inspect, maintain, replace, or remove any and all facilities and equipment provided by Cox. Customer shall provide a secured space with electrical power, climate control and protection against tire, vandalism, and other casualty for Cox's equipment. Customer shall use the Services In compliance with ail applicable laws and ordinances, as well as applicable leases and other contractual agreements between Customer and third Parties. If Customer engages In a public performance of any copyrighted material contained in any of the Services, the Customer, and not Cox, shall be responsible for obtaining any public performing licenses. Customer Is responsible for ensuring that Customer's equipment is compatible for the Servlces.selected and with the Cox network. 5. Egttipment Unless otherwise provided therein, Customer agrees that Cox shall retain all rights, Ube and Interest to facilities and equipment Installed by Cox thereunder, and that Customer shall not create or permit to be created any (lens or encumbrances on such equipment. Internal Wiring shall not he considered equipment and shall become the property of Customer upon Initiation of Service. Cox shall install equipment necessary to furnish the video Services to Customer. Customer shall not modify or relocate equipment Installed by Cox without the prior written consent of Cox. Customer shalt not penult tampering, altering, or repair of the equipment by any person other than Cox's authorized personnel. For Cox -owned equipment, Customer shall, at the expiration or termination of this Agreement, return the equipment In good condition, ordinary wear and tear resulting from proper use excepted. In the event the equipment is not returned to Cox In good condition, Customer shall be responsible for the value of such equipment. Cox shall repair any equipment owned by Cox at no charge to Customer provided that damage Is not due to the negligence of Customer. If additional equipment, Including but not limited to, televisions, monitors, computers, circuits, software, or. other devices, are required by Customer to use the Services, Customer shell be responsible for such equipment. G. Eesale of Service Unless authorized in writing by Cox, Customer may not resell any portion of the Service to any other party; provided, however, Customer may, with Cox's.prlor written consent, resell web hosting for third • parties through the Services. Customer shall be responsible for any software and content displayed and distributed by Customer or Customer's web hosting .customers, If any. 7. 2etault If Customer falls to•comply with any material. provision of this Agreement, Including, but not limited to failure to make payment as specified; then Cox, may pursue one or more of the following courses of action upon notice to Customer es required by tariff or applicable law: (I). terminate service whereupon all sums then due and payable shall become immediately due end payable, (11) suspend all or any part of -Services, and/or (lii) pursue any other remedies, inducting reasonable attorneys' fees, as may be provided at law or In equity, Including the applicable termination liabilities. B j$.At(drpeelnngiain Name Rnaistratian Cox allocates IP addresses to Customer according to InterNlC guldelines. All IP addresses assigned by Cox must be relinquished by Customer upon the expiration, termination or cancellation of this Agreement. IP addresses are subject to the IP policy In the AUP. Domain name registrations are subject to rules promulgated by the domain name registrar, which may be amended from time to time and are presently posted at Reglster.com: letellLyfww reniste(,Com/retailigeliCY/servlreyagItefilellt,fetex Or Verisign: htto•//www netsgl tom/en US/tonal/statiCreervire-agreereenLjhiinl Customer Is responsible for payment and rnalntenance of domain name registration. 1 8 05/29/200S THU 1d:32 FAX 6192592495 Cox 3esi.cesa V020/020 �+.-JQtsliaatina C•cro o, •,, y tuun'wata Wtv, �,•� uc;, „r�o^t9F r Internet, web ek_pitene-ae,.l,.,..,, midlvr --eerife ._ f!t dc�leJ by Cv�lvn.�, ro•. the (hot poyv of drie Ac tmmeit rovi'ied� -i e su.h S v'..e betvre.tlle-terrmsetettettt.y Cr.shnnet1exuept k ,cnt,h by r nr•Cvn Ymrrr:rates'Serv1[es-for-Etshrrner's-breacirof U.b Ayr�ement`orthe"AH1, Q,atumc..,ill L., suble-t iv o tnninetieniiebllier, —f*.. t"r.dnvtIar Ii,biNly ..hall ..aual-1-0 -eieereearr;ng-re aryesafee-the-termhfated-Sery+ete-yu+kkrkeri-lJy-theeNtri' • of f ,N f.r the Ram ,.o,..r.riter.,ot. 'Hes previsiorrrut.."..s '--ternri. rat,,,,. of b2 ArJr,,rnc, n-After-the-i ttraP'termrthts-A?Necmum. shall 0..1,.mtLoIty 11n1374.thn-5ar.n. rateK,'ttao.a and^ ril nssa-party-gfvestata-etharwri Kt n-teceieatieri-netiee-ER-leest-- - 41 Ryi{309-flays-prior to-Ux ..,.,ti,elia. of Ur.. tbtn-exhh.,y tv,m. If Co. i, is-wkeless-netwerh-faelutes-anti-1he_ re9- etgAe4— fe..,t....e M h-suetrServiee,-Eorrmay-te ex- '-6aenot resolve-ihe-aterletenee-t)yrtsiog-emintwere,eily-rees...teble effmts. • 10. LIMITATION OF yUAHII TTY COX SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE 10 FURNISH OR INTERRUPTION Or ANY SERVICES, NOR SHALL COX BE RESPONSIBI E FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOIZWARE DAMAGE REGAROI ESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE 10. PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION Oft REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS ARISING FROM THIS AGREEMENT. 11. fl9siunrueat Customer may not assign or transfer any part of this Agreement without the prior written consent of Cox. Cox may assign this Agreement and Service may be provided by one or more legally authorized Cox affiliates. 12.. Warrantiee EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER AGREEMENTS,WARRANTIES OR REPRESENTA1 IONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFIWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 13. Indemnity Customer shall Indemnify and hold Cox and. Its respective 'affiliates, subcontractors, employees or agents harmless (Including payment of reasonable attorneys fees) from and against. any claim, actions or demands relating to or arising out of Customer's use of the Service Including without limitation : (I) any content or software displayed, distributed or otherwise disseminated by the Customer, its employees, or users of the Services, (li) any claim that Customer's content or registration and maintenance of Customer's selected domain nome(s), Infringes on the patent, copyright, trademark or other Intellectual property right of any third parry; (HI) any act In violation of any taws committed by Customer, Its employees or users using the Services; and/or (Iv) violation by Customer, its employees or authorized users of the Cox AUPs. 14. ViruSes..SOntaiL Customer Information Software or content obtained from the use of Service may contain viruses or other harmful features and Customer Is solely responsible for protecting its network, equipment. and software through the use of firewaas, anti -virus, and other security devices. Through the use of the Service, Customer may obtain or discover contend that is offensive or Illegal and Customer assrmes the .risk and is solely responsible for its access to such content. Cox niatedtsdose Customer Information to law enforcement or t0 any Cox affiliate. Cox may delete any Internet traffic or e-mail that contains a virus. If Customer operates a wireless local access network In connection with the Services, Customer is solely responsible for the security of Its network. Use of the Service Is subject to Cox's privacy policy posted at htt➢://wow cox tom/nolicv/a0nhne Privary Policy 1.5. Misrejlaneeire This Agreement, the tariffs, and the documents referenced herein constitute the entire agreement between Cox and Customer for the Services and equipment. The invalidity or unenforceability of any term or condition of this Agreement shall not affect the validity or enforceability of any other provision. Except as provided herein, this Agreement may be modified, waived, or amended only by a written instrument signed by the parties. The rights -and obligations of the parties under this Agreement shall be governed .by the laws of the state where Services are installed. The failure by either party to exercise one or more rights provided In this Agreement shall not be deemed a waiver of the right to exercise -such right in the future. Notices required by this Agreement shall he In writing and shall be delivered either by personal delivery or by Mail. if delivered by mall, notices shag be sent by express mall service (DHL, UPS Fed -Ex); or by certified or registered mail, return receipt requested; with all postage prepaid. All notices and other -written communications under this Agreement shall be addressed to the parties at the addresses en the first page of lids Agreement. 16. Regulatory Authority-FosceJ:lajeute ThiS Agreement and the obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as amended. In no event shall either party have any claim against the other for failure of performance if such failure is caused by acts of God, natural disasters including fire, flood, or winds, civil or military action, including riots, civil insurrections, acts of terrorists, or the taking of property by condemnation. 17. Woh Hnstinn Server` Cox reserves the right to select the server for Customer's web site for best performance. The Customer understands that the Services provided by Cox may be provided on a shared server. This means that one web site cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CM scripts or chat scripts. If the Customer's web site overwhelms the see vet and causes complaints from other users, the Customer has outgrown the realm of shared services and will be required by Cox to relocate Its web site. ff the Customer refuses to comply with this Section, 'then Cox has the right to terminate the Services. Cox will use reasonable efforts to maintain a full time Internet presence for the Customer. The Customer .hereby acknowledges that the network may, at various time Intervals, be down due, but not restricted to, utility Interruption, maintenance equipment (allure, natural disaster, acts of God, or human error, and Cox shall not be liable to customer for such outages or server downtime. 18 Plnitwl MIIlnnniuntCoovrioht ACI co. Is registered under the Digital Millennium Copyright Act of 1998. Pursuant to 17 U.S.C. Section 512(c)3, if you believe that a Web page hosted by Cox Is violating your rights under U.S. copyright law, you may file a complaint with Cox's designated agent. Please contact DMCA@Cox.com for Information_ necessary to file your complaint with Cox. 19 0-Rate Customers This paragraph applies only to educational institutions or libraries seeking reimbursement under the Federal Universal Service Fund. Customer shall apply annually to the Schools and Libraries Divislon,."SLO" for E-Rate funding and Customer shall designate Cox as Its provider Of Services. Customer shall also provide, Cox with all documentation that Is In response to all queries, Inquires and requests as part of the Program Integrity Assurance (PIA) process within three (3) business days of receipt and/or delivery thereof. Customer .also acknowledges that increases and decreases In funding for Services may occur from the SLD. If Customer Is dented SLD funding for any reason, Cox may then elect to decrease the level of Services provided to Customer. If full E-Rate funding Is not received within 6 months of application date, or by the opening of the application window for the following funding year, then Cox may terminate the Agreement without further aabl1lty to Cox or the Customer. Additionally, If full E-Rate funding Is notreceived and Cox elects to terminate the Services during the contract term, Men Customer may be subject to termination liabilities. 20. yolcehlanager Service In addition to the terms and conditions herein, if Customer purchases VoiceManager Services under this Agreement, the terms and conditions located at http://wow c.oXMISlnesS.towel/oradurrMNrNm/voicemanager and the terms and conditions set forth in Sections A.2, A.3, and A.4 of this Agreement shall apply to VolceManager Service. The VoiceManager web slte also contains descriptions and charges for ancillary services such as directory assistance, 411 charges, directory listing and operator services. Prices and rates for ancillary services are subject to change from time to time during the term of this Agreement. The VoiceMa nkager web site is incorporated Into this Agreement as if fully set forth herein. (9 EETING DATE June 3, 2008 City of National City, California COUNCIL AGENDA STATEMENT 13 AGENDA ITEM NO. /ITEM TITLE Warrant Register # 45 for the period of 04/30/08 through 05/06/08 in the Amount of $1,455,159.07 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido EXPLANATION 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 04/30/08 through 05/06/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Kaiser Foundation Health 220593 131,791.01 Health Ins — May 2008 Public Emp Retirement 220610 257,041.54 Employee Retirement PPE 4/21/08 Payroll various 919,482.15 PPE 4/21/08 Environmental Review N/A MIS Approval Approved By.':� 1 Finance Director Financial Statement Not applicable. Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $ 1,455,159.07 BOARD / COMMISSION RECOMMENDATION 1. Warrant Register #45 .AeaL ATTACHMENTS ( Listed Below) Resolution No. L A-200 (Rev 7/03) 1/4 WARRANT REGISTER # 45 PAYEE DESCRIPTION CHK DATE AMOUNT ARIZONA BII.TMORE RESORT CONFERENCE REGISTRATION/PIRG 220543 5/6/08 407.54 AT&T/MCI PHONE. XXX-7549 MAR 2008 220544 5/6/08 6,803.15 ATRcTM1C1 PHONE XXX-9738 4/13-5/12/08 220545 5/6/08 244.22 AT&T/MCI PHONE XXX-6700 4/1R/2008 220546 5/6/08 18.48 BANK OF AME.RICA CREDIT CARD EXPENSES/CM 220547 5/6/08 515.00 BATTERY S 111(:IAI,TIFS BATTERIES 220548 5/6/08 163.59 BLACKIE'S TROT'Il1ES AND AWARDS NAME TAGS 220549 5/6/08 21.75 BOOT WORLD SAFETY BOOTS 220550 5/6/0R 125.00 C A P F' FIRFA.TD MAY 2008 220551 5/6/08 640.00 CALIFORNIA BAKING CO. BREAD PRODI ICI :S 220552 5/6/08 416.40 CALIFORNIA CD IMAGING CENTER REFILING OF CD'S/BLDG 220553 5/6/08 350.00 CALIFORNIA PIER SUPPORT ASSOC IIJITION:SUPPORT TRAINING/PD 220554 5/6/08 125.00 (TB PRACTICE 11NDER CEQA/ATTY 220555 5/6/08 267.11 CEB FORMING COMMON INT DEV/ATTY 220556 5/6/08 163.51 CHAIR -PROS ASSEMBLY & TNSTALLA'(ION/M1S 220557 5/6/08 621.82 CI[E.VRON & TEXACO BUSINESS CARD FUEL 220558 5/6/08 455.85 CINGULAR WIRELESS PD DATA CONNECTION 3/21-4/20/08 220559 5/6/08 491.12 CITY OF CHULA VISTA ANIMAI. SIIEI.TER COSTS 220560 5/6/08 8,097.21 CLEARS INC CLEAR INC ACTIVE MEMBERSHIP/PD 220561 5/6/08 60.00 CORPORATE EXPRESS OFFICE SUPPLIES 220562 5/6/08 749.41 CSMFO 'TRAINING SEMINAR/FINANCE 220563 5/6/08 250.00 CUSTOM LOGOS GOLD ENAMEL POLICE BADGE PIN 220564 5/6/08 1,107.89 D-MAX ENGINEERING INC DEPOSIT#951 PARADISE WALK 220565 5/6/08 1,687.50 D-MAX ENGINEERING INC DEPOSIT*I 194 GROVE PLAZA 220566 5/6/08 1,570.00 D-MAX ENGINEERING INC DEPOSI1#1214 CENIRO/REVOLUTION 220567 5/6/08 1,270.00 D-MAX ENGINEERING INC DEPOSIT#1109 CAROTINO HOMES 220568 5/6/08 1,058.75 D-MAX ENGINEERING INC DEPOSIT#1214 CENTRO/REV01.IITION 220569 5/6/08 905.00 DAY WIRELESS SYSTEMS (20) RADIO SERVICE AGREEMENT 220570 5/6/08 4,548.43 DIXIF.L.INE LUMBER CO. PANTING SUPPLIES 220571 5/6/08 38.96 DREW FORD AUTO MAINTENANCE & REPAIRS 220572 5/6/08 499.80 EQUIPMENT ENGINEERING CO. REVOLUTION MOTORCYCLE LIFT 220573 5/6/08 1,301.74 2/4 WARRANT REGISTER 4 45 PAYEE DESCRIPTION CIIK DATE AMOUNT EXPRESS TE• I, LONG DISTANCE SVC 3/20-4/20/08 220574 5/6/08 173.89 FEDEX SENT DOCUMENTS TO TLSP/1 NG 220575 5/6/08 43.55 FERGUSON ENTERPRISES, INC COPPER TUBES, PIPES 220576 5/6i08 914.31 FIRE ETC FORESTRY TOOL, HEAVY DUTY RAKE 220577 5/6/08 1,019.72 FLINT TRADING, IN(:. SIGN MARKINGS 220578 5/6/0R 1,902.34 GONZALEZ CLASS B LICENSE REIMB/PW 220579 5/6/08 34.00 GRAINGER DMM KIT & CLAMP -ON 220580 5/6/08 1,858.25 IIAMILTON MEATS & PROVISIONS MEAT PRODUCTS 220581 5/6/08 235.55 I IART'S AUTO SIMPLY BRAKE PADS, BRAKE ROTORS 220582 5/6/08 152.00 HAWORTH CIO SD OFFICE INTERIOR VNL CAP/LUMBAR W/IILT LOCK 220583 5/6/08 2,873.00 HEALTII NET HEALTII INS MAY 200R 57135J 220584 5/6/08 1,028.91 IIEALTH NET I IEALTH-RET 1NS/110067F MAY'08 220585 5/6/08 2,830.85 HEALTII NET HEALTHNET RETIREES 57135E INS MAY'08 2205R6 5/6/08 613.60 HERFDIA RFFIJNDOFZONE VARIANCE FEES 220587 5/6/08 1.761.00 HOOD TRAVEL EXP:CMT'A CONFERENCE/CI' 220588 5/6/08 1,232.86 HYDRO-SCAPE PRODUCTS INC. COUPLINGS 220589 5/6/08 50.54 IMAGING PRODUCT'S NIKON CAMERA/TRIPOD ETC 220590 5/6/08 8,112.76 IRON MOUNTAIN RECORDS IX)CUMENT STORAGE 220591 5/6/0R 105.00 JC TOWING 'TOWING CHARGES 220592 5/6/08 35.00 KAISER FOIJNDAIION HEALTH PLANS KAISER INS ACTIVE MAY 2008 220593 5/6/08 131,791.01 KAISER FOUNDATION IIFAI:III PLANS KAISER RET INS MAY 2008 220594 5/6/08 4,423.07 I.ASER SAVER INC PRINTER CARTRIDGES 220595 5/6/08 48.83 LINCOLN EQUIPMENT INC. ACID TANK CONVERSION/DIiLIVERY 220596 5/6/08 5,367.94 MARIACHI SCHOLARSIIIL' 12TH ANNUAI. DINNER/COUNCIL 220597 5/6/08 80.00 MAYER REPROGRAPHICS DIGTTAl, BOND 220598 5/6/08 1,041.30 MCGUIRA DISTRIBUTING MILK PRODUCTS 220599 5/6/08 897.05 MIRACOSTA COLLEGE ADV IUfI'ION:TECII COURSE/PD 220600 5/6/08 130.00 MISSION UNIFORM SERVICE LINEN SUPPLIES 220601 5/6/08 108.82 NAPA AUTO PARTS FUSE, CIRCUIT BREAKER 220602 5/6/08 8.57 NATIONAL LEAGUE OF CITIES NLC/STATE LEAGUE, DUES 220603 5/6l08 4.295.00 OUCIII'S POWER EQUIPMENT IIEDGETRIMMER 220604 5/6/08 120.96 PAYEE 3/4 WARRANT REGISTER # 45 DESCRIPTION CHK DATE AMOUNT PACIFIC PRODUCTS & SERVICES PERFORATED TUBING/PIN DRIVE 220605 5/6/08 1,246.01 PADRE JANITORIAL SUPPLIES JANITORIAL SUPPLIES 220606 5/6/08 1,124.84 PARTS PLUS Au l'OSTORE 11711 Dl1AI, PISTON BRAKE 220607 5/6/08 48.06 PERRY FORD AUTO MAINTENANCE & REPAIRS 220608 5/6/08 1,539.37 PERVO TRAFFIC CENTER SIGN BRACKETS 220609 5/6/08 442.61 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 04-08-4 220610 5/6/08 257,041.54 SAN DIEGO TROLI.EY INC FLAGGING SERVICES/BLD(i 220611 5/6/08 66.60 SDG&E FACILITIES DIVISION 220612 5/6/08 8,916.84 SIERRA SPRINGS WATER SERVICE APRIL 2008 220613 5/6/08 25.50 SOUI1IERN CALIF TRUCK STOP PROPANE 220614 5/6/08 92.87 STEVENSON SEMINAR REGIST REIMB/HR 220615 5/6/08 500.00 STEVENSON AIRFARE REIMB:LAWCONF/HR 220616 5/6/08 233.99 SUN TRUST NEW FIRE TRUCK#1 PAYMT#51 220617 5/6/011 5,009.63 SYMPOSIUM TRUST FUND CONFERENCE REGISTRATION/FIRE 220618 5/6/08 1,737.00 SYSCO FOOD/CONSUMABLIiS 220619 5/6/08 5,390.77 TETRA TECH ASL, INC. AlIG 25TH THRU OCT 26, 2007 SERVICES 220620 5/6/08 420.73 TETRA TECH ISG 41 DEI'OSI'1'#1214 CNTR/REVOLUI ION 220621 5/6/08 1,755.05 TETRA MCI I ISG 111 DEPOSIT41214 CNTR/REVOI.UTION 220622 5/6/08 904.54 TETRA TECH ISG #I DEPOSIT#1198 133-1335 E 24111 ST 220623 5/6/08 800.00 TETRA TECII ISG #I DEPOSIT41178111LI.TOP VIEW 220624 5/6/08 800.00 THE. LIGHTHOUSE, INC. LENS, LED RETROFIT KIT 220625 5/6/08 773.95 '1I Ili REGIONAL TRAINING CENTER RTC TRAINING PROGRAM 220626 5/6/08 1.800.00 'IRE STAR NEWS ADVERTISING OF BIDS & AUCTIONS 220627 5/6/08 89.69 THE TREBOR CO TRAFFIC CONES 220628 5/6/08 186.73 TIIOMSON WEST LEGAL, PUBLICATIONS 220629 5/6/0R 198.48 T OICRES DEPOSIT# 1203 135 8TH STREET 220630 5/6/08 200.00 TRISTAR RISK MANAGEMENT PREFUND CLAIM#03NAT00289 220631 5/6/08 27,518.75 41 S BANK CORPORATE PAYMENT SYS CREDIT CARD EXP/PD 220632 5/6/08 3,550.33 ULI SAN DIF.GO/TIJUANA ULI SAN DIEGO MEETING REGIST/CM 220633 5/6/08 50.00 IJNION TRIBUNE NEWSPAPER SUBSCRIPTION/ENG 220634 5/6/08 37.09 VALLEY INDUSTRIAL. SPECIALTIES PI.I IMBING SUPPLIES 220635 5/6/08 1,606.11 PAYEE VERIZON WIRELESS WARRANT REGISTER # 45 DESCRIPTION CEI.I. PI (ONES 3/22-1/2I/08 WESTULLX !NDUSTRIAI. PORT BALL VALVE PAYROL1. Pay period 9 Start Date 4/8/2008 End Date Check Date 4/21/2008 4/30/2008 4/4 CHK DATE AMOUNT 220636 5/6/08 2,957.43 2.20637 5/6/08 48.50 Total A/P $ 535,676.92 919,482.15 (;RAND $1,455,159.07 Warrant Register # 45 5/6/2008 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 166 NUTRITION 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 198 PROPERTY EVIDENCE SEIZURE 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 345 TRAFFIC CONGESTION RELIEF 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 1,076, 067.10 30,706.70 21,746.86 4,120.59 815.00 18,946.03 3,691.34 963.90 702.29 8,198.93 889.68 1,770.74 2,560.10 5,069.54 2,040.67 8,112.76 2,576.25 2,944.63 30,160.45 4,066.97 1,170.60 3,509.00 10,116.97 50,078.10 6,732.49 5,847.38 378.74 38,698.28 31,160.46 6,372.07 4,294.23 3,494.82 13,393.89 17,673.51 16,240.73 8,896.43 10,950.84 Total 1,455,159.07 .EETING DATE June 3, 2008 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 14 ITEM TITLE PREPARED BY EXPLANATION Warrant Register # 46 for the period of 05/07/08 through 05/13/08 in the Amount of $564,882.20 D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 05/07/08 through 05/13/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Health Net 220672 68,254.31 Health Ins— May 2008 Public Emp Retirement 220701 255,742.55 Employee Retirement PPE 5/05/08 ( Environmental Review N/A (-Financial Statement Not applicable. >STAFF RECOMMENDATION( MIS Approval Approved By: Finance Director Account No. Ratification of warrants in the amount of $ 564,882.20 1. Warrant Register #46 ATTACHMENTS ( Listed Below) Resolution No. L.. A-200 (Rev. 7/03) Payee AAIR PURIFICATION SYSTEMS ALL POINTS PUBLIC FUNDING, LLC AMERICAN WATER WORKS ASSOC AT&T/MCI AUSTIN DOORS BANK OF AMERICA BCM CUSTOMER SERVICE CALIFORNIA COMMERCIAL SECURITY CALIFORNIA LAW ENFORCEMENT CHEVRON & TEXACO BUSINESS CARD CHICK'S ELECTRIC MOTOR, INC. CONSTRUCTION ELECTRONICS INC. CORPORATE EXPRESS CSMFO SAN DIEGO CHAPTER D-MAX ENGINEERING INC DAPPER TIRE COMPANY DAVIES DELTA DENTAL DELTACARE (PMI) D; - 4RTMENT OF TRANSPORTATION L LINE LUMBER CO. DOKKEN ENGINEERING DOUGHERTY DREW FORD EQUIPMENT ENGINEERING CO. EVERCLEAR WINDOWS & DOORS FABINSKI FAT PIPE NETWORKS FLEET SERVICES, INC G & A AUTO AIR CONDITIONING GRAINGER GROSSMAN PSYCHOLOGICAL ASSOC. GTC SYSTEMS, INC. HARRIS & ASSOCIATES HEALTH NET HEALTH NET HOMELOOK INSPECTIONS HONEYWELL INC. HUNTER'S NURSERY INC. IKON OFFICE SOLUTIONS/IOS INDEPENDENT FORENSIC SERVICES JEFF KATZ ARCHITECTURE JEFFERSON PILOT FINANCIAL JEFFERSON PILOT FINANCIAL J' ERSON PILOT FINANCIAL J. r1TERPRISE JOHN DEERE LANDSCAPES LOPEZ MASON'S SAW & LAWNMOWER SRVC MAYER REPROGRAPHICS MCGOUGH WARRANT REGISTER # 46 Description 1/2 Chk No Chk Date Amount FUSES, 25 AMP 220638 5/13/08 130.68 NEW FIRE TRUCK#2 LEASE PMT#12 220639 5/13/08 19,613.22 A.W.W.ASS 08-09 MEMBERSHIP/PW 220640 5/13/08 173.00 PHONE XXX-2741 3/1-4/6/08 220641 5/13/08 383.74 CITY-WIDE DOOR REPAIRS 220642 5/13/08 5,743.19 CREDIT CARD EXP - CM/COUNCIL 220643 5/13/08 1,519.71 MONTHLY MAINTENANCE SERVICE 220644 5/13/08 366.08 LABOR 220645 5/13/08 1,430.24 P0/LTD MAY 2008 220646 5/13/08 1,794.00 FUEL 220647 5/13/08 416.04 ELECTRIC MOTOR REPAIRS 220648 5/13/08 150.96 MAINTENANCE SVC - ALARM ACCESS 220649 5/13/08 843.55 OFFICE SUPPLIES - FIN 220650 5/13/08 624.70 CFMFO & CMTA LUNCHEON/TREASURE 220651 5/13/08 30.00 MARCH 2008 SERVICES 220652 5/13/08 18,670.85 TIRES FOR CITY FLEET 220653 5/13/08 1,882.38 125 PLAN REIMBURSEMENT 220654 5/13/08 870.18 DENTAL INS MAY 2008 220655 5/13/08 15,166.40 DENTAL INS PMI MAY 2008 220656 5/13/08 3,383.46 HIGHWAY LIGHTING 220657 5/13/08 2,668.99 BLDG MATERIALS/FIRE 220658 5/13/08 811.36 MARCH 20098 SERVICES 220659 5/13/08 3,155.16 REIMB:ARMORER G. COURSE/PD 220660 5/13/08 232.18 AUTO MAINTENANCE & REPAIRS 220661 5/13/08 54.91 MOTORCYCLE ADAPTER FOR TALL 220662 5/13/08 1,098.38 ACCORDIAN VINYL -LAMINATE DOOR 220663 5/13/08 631.00 TRAVEL EXP:OTS PTS SEMINAR/PD 220664 5/13/08 755.80 FATPIPE GOLD SERVICE PACK 220665 5/13/08 1,300.00 BRAKE SEMINAR 220666 5/13/08 30.00 DISCHARGE HOSE 220667 5/13/08 338.33 SMALL TOOLS & SUPPLIES 220668 5/13/08 515.64 PRE - EMP PSYCHOLOGICAL EXAMS 220669 5/13/08 250.00 NETWORK AND SERVER SUPPORT 220670 5/13/08 4,485.00 MARCH 2008 SERVICES 220671 5/13/08 11,665.41 HEALTH INS H0067A MAY 2008 220672 5/13/08 68,254.31 HEALTH -FULL NETWORK 57135A MAY'08 220673 5/13/08 10,431.41 FEE, INSPECTION COMPLETED 220674 5/13/08 500.00 REPAIRS & MAINTENANCE 220675 5/13/08 805.38 HORTICULTURE ITEMS 220676 5/13/08 70.69 COPIER EQUIPMENT LEASE 220677 5/13/08 18,945.35 SART EXAMS FOR FY 07/08 220678 5/13/08 1,250.00 FEBRUARY 2008 SERVICES 220679 5/13/08 51,032.00 LIFE STD LTD APRIL 2008 220680 5/13/08 9,165.42 LIFE STD LTD MAY 2008 220681 5/13/08 9,102.84 LIFE STD LTD MARCH 2008 220682 5/13/08 3,114.75 ALARM MONITORING SERVICES 220683 5/13/08 252.50 TOPSOIL 220684 5/13/08 482.88 TRANSLATION SVCS 5/6/08 220685 5/13/08 100.00 PARTS & SUPPLIES 220686 5/13/08 149.23 DIGITAL BOND PRINTING 220687 5/13/08 113.95 REIMB:BASIC TRAFFIC COLLISION/PD 220688 5/13/08 86.54 Payee MONTGOMERY KONE, INC. MORE DIRECT NAPA AUTO PARTS NATIONAL CITY AUTO TRIM ORKIN PEST CONTROL PACIFIC AUTO REPAIR PARAGON MEDICAL PARTS PLUS AUTOSTORE #711 PERRY FORD PHILLIPS POST PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM PUBLIC TREASURY INSTITUTE REGIONAL COMMUNICATIONS SYSTEM ROARK RUSS' BEE REMOVAL SAM'S ALIGNMENT SAN DIEGO AREA CHAPTER ICC SAN D(EGO PET & LAB SUPPLY SASI SD FIREFIGHTERS REGIONAL SHEPHARD SMART & FINAL SOLANA CENTER STEWARD TITLE OF CALIFORNIA TELLEZ THE ENGRAVING STORE THE LIGHTHOUSE, INC. THUNDERWORKS TOM MOYNAHAN US STERLING CAPITAL CORP VERIZON WIRELESS VINCENZO RISTORANTE ITALIANO VISTA PAINT WATERLINE TECHNOLOGIES YBARRA WARRANT REGISTER # 46 Description 2/2 Chk No Chk Date Amount REPAIRS/MAINTENANCE-ELEVATORS 220689 5/13/08 3,327.74 SALES TAX ON INV 220690 5/13/08 134.85 V BELTS 220691 5/13/08 159.89 REPAIR AND MAINTENANCE 220692 5/13/08 119.63 PEST MAINTENANCE FOR CITY BLDGS 220693 5/13/08 140.00 SMOG CHECKS FOR CITY VEHICLES 220694 5/13/08 2,982.86 SINGLE DOOR DOUBLE LOCK 220695 5/13/08 113.18 AUTO MAINTENANCE & REPAIRS 220696 5/13/08 292.46 AUTO MAINTENANCE & REPAIRS 220697 5/13/08 338.28 REIMB:DAMAGED MOTOR PANTS/PD 220698 5/13/08 199.33 TRAVEL EXP:NATL CONFER/PLANN 220699 5/13/08 693.05 UNIFORMS - PARKS 220700 5/13/08 513.58 SERVICE PERIOD 05-08-3 220701 5/13/08 255,742.55 TRAINING SEMINAR/FINANCE 220702 5/13/08 250.00 RADIO COMMUNICATION - APR 2008 220703 5/13/08 9,063.00 ADV SUBS MILGE:COMM COURSE/PD 220704 5/13/08 859.17 BEE REMOVAL FROM CITY PROPERTY 220705 5/13/08 550.00 AUTO MAINTENANCE & REPAIRS 220706 5/13/08 780.68 2007 CBC RESIDENTIAL PROVISIONS 220707 5/13/08 100.00 K-9 PET FOOD-SUPPLY/PD 220708 5/13/08 814 . PROCESSING CHRGS MAY-JUL 2008 220709 5/13/08 695. EXAM W/ BLOOD ANALYSIS 220710 5/13/08 1,267.50 REIMB:FIELD EVID TECH COURSE/PD 220711 5/13/08 256.00 OFFICE SUPPLIES/CC 220712 5/13/08 35.13 EARTH DAY 2008 EVENT BOOTH 220713 5/13/08 200.00 PRELIMINARY REPORT-PR/ATTY 220714 5/13/08 500.00 ADV SUBSIST:POLICE PROGRAM/PD 220715 5/13/08 950.00 JADE GLASS RECTANGLE AWARDS 220716 5/13/08 430.91 HANDLE KIT 220717 5/13/08 205.79 SUPER LED BLUE/RD LIGHTHEAD 220718 5/13/08 549.53 TOWING CHARGE 220719 5/13/08 302.00 TRADE SETTLING 9/15/07 - 9/21/07 220720 5/13/08 99.00 CELL PHONES 3/27-4/26/08 220721 5/13/08 970.87 AWARDS BANQUET/PD 220722 5/13/08 1,144.75 PAINT 220723 5/13/08 596.30 CHEMICALS FOR MUNICIPAL POOL 220724 5/13/08 4,323.84 REIMB:CAB FARE/PD 220725 5/13/08 144.00 Total $ 564,882.20 Warrant Register # 46 5/13/2008 001 GENERAL FUND 446,953.02 105 PARKS MAINTENANCE FUND 1,413.82 111 P.O.S.T. FUND 1,071.56 125 SEWER SERVICE FUND 18,645.21 172 TRASH RATE STABILIZATION FUND 200.00 290 POLICE DEPT GRANTS 755.80 301 GRANT-C. D. B.G. 19,613.22 302 CDC PAYMENTS 9,113.20 307 PROPOSITION A" FUND 361.90 312 STP LOCAUTRANSNET HIGHWAY 2,793.26 626 FACILITIES MAINT FUND 16,431.86 628 GENERAL SERVICES FUND 21,331.79 629 INFORMATION SYSTEMS MAINTENANC 16,057.63 630 OFFICE EQUIPMENT DEPRECIATION 124.00 631 TELECOMMUNICATIONS REVOLVING 1,354.61 632 GENERAL ACCOUNTING SERVICES 272.11 643 MOTOR VEHICLE SVC FUND 8,069.33 724 COBRA/RETIREE INSURANCE 94.88 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 225.00 Total 564,882.20 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 3, 2008 AGENDA ITEM NO. 15 /ITEM TITLE PUBLIC HEARING REGARDING AN AMENDMENT TO CHAPTER 18.62 OF THE NATIONAL / CITY MUNICIPAL CODE PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS PREPARED BY George H. Eiser, III Roger Post EXPLANATION Environmental Review Financial Statement N/A (ext. 4221) 14 (ext. 4316) N/A DEPARTMENT City Attorney Planning Please see attached memorandum. Approved By: Finance Director Account No. r_ STAFF RECOMMENDATION BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below Resolution No. Staff Report A-200 (9/99) l City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, 111 • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Ilonorable Mayor and Councilmemhers DATE: May 20, 2008 FROM: Jodi L. Doucette, Sr. Assistant City Attorney SI Tf3J) CT: Sign Ordinance Amendment Reconuncndation TNTRODIIC ION The City's current sign ordinance, in relation to the political sign provisions in Section 18 of the National City Municipal Code, requires amendment to meet current constitutional muster. DISCUSSION The City's sign ordinance provisions in question are codified in two pertinent sections, Section 18.62.090.E.4 and 18.62.210.H. Section 18.62.090.E.4 states that no political sign shall exceed thirty-two square feet in size. Section 18.62.210 states that prohibited signs include off - site signs, such as billboards, except as permitted by Section 18.62.090. This exception for off - site signage contained in Section 18.62.090 permits off -site signage of one hundred square feet if the sign pertains to husiness, leasing, and industrial messages. Accordingly, while off -site signage containing husiness, leasing, or industrial messages (essentially commercial messages) may be as large as one hundred square feet, political messages, considered non-commercial speech, can only be as large as thirty-two square feet. Therefore, commercial, off -site signage is favored in that it is allowed to be three times larger than political, non-couunercial off -site signage. Various cases address political, non-commercial sign ordinance challenges. The paramount U.S. Supreme Court case is Metromedia v. San Diego (1982) 453 U.S. 490, which held that commercial speech can not be favored over non-commercial speech. Numerous cases after Metromedia have upheld this concept. (See, for example, City of Antioch v. Candidates Outdoor Graphic Service (1982) 557 F.Supp. 52, specifically holding that temporary political signage can not be less favored than temporary commercial speech.) The City of El Cajon had a challenge to their local ordinance based on a similar point, and a portion of their ordinance was stricken as unconstitutional. Based upon Metromedia and other cases thereafter, the City of National City's sign ordinance provisions cited above should thereby be amended so as not to be deemed unconstitutional and potentially found favoring commercial speech in their dimensions over non- commercial speech, including political speech. 0 Recycled Paper Other concerns about the validity of a sign ordinance would include when an ordinance requires a reader to determine its viability based upon the content of the speech (other than the non-commercial and commercial distinctions), such as when the regulation refers to allowance of a sign in a particular location if it is for a special event, real estate sales, political advertisement or leasing of homes. This has been deemed unconstitutional as well. Municipalities are only allowed to regulate time, place and manner of speech/signage, and it can not he regulated by what the speech says. (Cornelius v. NAACP (1985) 473 U.S. 788.) Various provisions in the current National City sign ordinance related to temporary signage in Section 18.62 require the reader to determine the viability of a sign based upon the content of the temporary sign. It references temporary signage such as real estate signs, residential construction, leasing, etc. and provides different regulations of size, height, or number for each type. Since the regulations require the content to be scrutinized before the dimensions are determined, this could he deemed content -based discrimination, prohibited under the First Amendment. Accordingly, it is recommended that the current sign ordinance be amended to comply with past and recent state and federal law. The proposed amendment is attached. CONCLUS ION The City's sign ordinance as currently written should be amended, particularly related to temporary and political signage, as the provisions could be deemed to violate the First Amendment. We request that you approve the proposed amendments to these provisions. JODI L. DOUCE'i'TE Senior Assistant City Attorney • Page 2 ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 18.62 PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS (CASE FILE NO. 2007-71 A) BE IT ORDAINED by the City Council of the City of National City that Title 18 of the National City Municipal Code is amended as follows: Section 1. Chapter 18.62 of the National City Municipal Code is hereby amended by amending the Table of Contents to read as follows: Chapter 18.62 SIGNS AND OUTDOOR ADVERTISING DISPLAYS Sections: 18,62.010 Purpose and intent. 18.62.020 Unlawful display of signs or banners — Prohibited. 18.62.030 Definitions 18.62.040 Site plan review required. 18.62.050 Design. 18.62.060 Uniform Building, Electrical, and Mechanical Code compliance required. 18.62.070 Maintenance. 18.62.080 Removal from abandoned site or building. 18.62.090 Signs permitted in all zones. 18.62.100 Flags and banners — Regulated. 18.62.110 Large permanent signs in commercial, manufacturing, and institutional zones. 18.62.120 Large permanent signs in shopping centers. 18.62.130 Small permanent signs in commercial, manufacturing, institutional, and multi -family zones. 18.62.140 , Pole -mounted or freestanding signs in commercial and manufacturing zones. 18.62.150 Roof -mounted signs. 18.62.160 Revolving signs in commercial and manufacturing zones. 18.62.170 Temporary signs in all zones. 18.62.180 Projecting signs in commercial, manufacturing, and institutional zones. 18.62.190 Signs for churches. 18.62.200 Mural -type signs in commercial zones. 18.62.210 Signs prohibited in all zones. 18.62.220 Nonconforming signs. 18.62.230 Constitutional severability. 18.62.240 Non-commercial speech. Section 2. That Title 18, Chapter 18.62, is amended by amending Sections 18.62.090, 18.62.170, and 18.62.210 to read as follows. 18.62.090 Signs permitted in all zones. The following signs shall be permitted in all zones. Site plan review pursuant to Section 18.62.040 shall not be required. A. Permanent Signs. 1. Size. The display on any parcel of any single sign, flag, or banner that is less than six square feet in area is permitted, except when a home occupation permit has been issued for a residential parcel, this exemption shall not apply, and that property shall be subject to all the requirements of this Chapter. 2. Restrictions. No signs shall be placed in the public right-of-way nor shall they obstruct the free flow of traffic. B. Directional Signs. Directional signs which do not exceed a total of three square feet in size per sign and total area combined does not exceed nine square feet. C. A maximum of two freestanding or monument signs not to exceed a total of 100 square feet are permitted for single-family subdivisions, multi -family developments, or mobile home parks. 18.62.170 Temporary signs in all zones. A. Temporary signs on construction sites, having the following specifications, are permitted in all zones: 1. The maximum total area for signs at residential construction projects shall be 20 square feet. 2. The maximum area of signage at other construction projects shall be 50 square feet. 3. All signs must be removed prior to and as a condition of the final inspection and approval of the project. B. A maximum of two temporary signs on currently for sale or for lease property are permitted on developed or undeveloped property in all zones, with the following requirements and specifications for the signs: 1. The maximum area of signage allowed in this provision per parcel per street frontage in commercial, manufacturing, multi -family, or institutional zones shall be 50 square feet. 2. The maximum area of signage allowed in this provision per parcel per frontage in single-family residential zones is six square feet. 2008 Ordinance 2 Signs and Outdoor Advertising Displays 3. These signs shall not be lighted. 4. Signs shall be removed within ten days following the lease or sale of the premises on which the sign is displayed. C. Temporary off -site signs are prohibited in all zones, unless otherwise provided herein and by State law. D. Additional temporary signs erected due to an event are permitted as follows. However, such signage shall be removed within 15 days after the event. 1. Commercial/Manufacturing/Mufti-Family/Institutional Zones. a. One or more temporary signs, each of which is less than 25 square feet in area, shall also be permitted per parcel in commercial, manufacturing, multi -family, and institutional zones. b. Temporary signs, except flags and banners, shall not be fastened directly to the exterior wall or face of any building. Such signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent of the area of the building face upon which the signs are mounted. (See Section 18.62.100 for restrictions on flags and banners.) c. This section shall not apply to existing billboards. d. Such signage is permitted on a temporary basis as defined hereinafter, in addition to other sign allotment per site. 2. Single-family Residential Zones. a. A maximum of six square feet of such total temporary signage is permitted per parcel. b. Permission of the property owner or occupant where the sign is placed shall be required. c. No temporary signs are permitted in the public right of way. E. Removal. If the signage was erected for an event, such signage shall be removed within ten days after the event. 18.62.210 Signs prohibited in all zones. Notwithstanding Section 18.62.020(A), the following signs are strictly prohibited in all zones: A. Signs that obstruct any window, door, or opening used or required as a means of regular ingress and egress, legal light and ventilation, as a fire escape or other emergency access or escape. B. Signs placed on public property or within the public street right-of-way. C. Signs placed on property without permission of the property owner or occupant. D. Signs on fences. E. Except as provided in Section 18.62.090(B) and 18.62.170(B), signs on vacant or unimproved land. F. Any sign whose intensity of illumination, or size, shape, or location interferes with the safe operation of a vehicle or creates distraction to the operator of a motor vehicle on adjoining public streets. G. Animated and flashing signs exceeding the following limits or restrictions: 1. Flashing signs are limited to a maximum illumination equivalent to incandescent bulbs of 60 watts per bulb maximum, and shall not flash more than sixty times per minute. "Chasers" are prohibited. 2008 Ordinance 3 Signs and Outdoor Advertising Displays 2. High intensity neon lights, tubes, or "flashing" lights exceeding 60 watts are prohibited on animated or flashing signs. 3. Rotating beacon -type lighting elements on signs are prohibited. H. Temporary or permanent off -site signs, including billboards, are prohibited except where otherwise provided by State law or herein. I. Inflatable signs and displays, unless authorized pursuant to a temporary use permit issued under Chapter 15.60. J. Signs mounted on motor vehicles that are in violation of Section 7.20.150, or signs exceeding 25 square feet mounted on motor vehicles parked for more than eight hours in any 24 hour period on private property. Section 3. That Title 18, Chapter 18.62, is amended by adding Section 18.62.240 to read as follows. 18.62.240 Non-commercial speech. Anywhere that commercial signage is permitted, non-commercial signage is permitted within such restrictions as listed for the commercial signage, but not in addition to such allowance. PASSED and ADOPTED this day of 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Ron Morrison, Mayor 2008 Ordinance 4 Signs and Outdoor Advertising Displays City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 3, 2008 FIRST READING AGENDA ITEM NO. 16 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 18.62 PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS PREPARED BY DEPARTMENT Roger Post (ext. 4316) Planning Jodi L. Doucette, Esq. (ext. 4412) City Attorney EXPLANATION Please see attached memorandum. Environmental Review Financial Statement NIA Approved By: Finance Director Account No. STAFF RECOMMENDATION Bring Ordinance back for second reading BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Staff Report Ordinance A-200 (9/99) 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 'f0: Honorable Mayor and Councilmembers FROM: Jodi L. Doucette, Sr. Assistant City Attorney SUBJECT: Sign Ordinance Amendment Recommendation DATE: May 20, 2008 INTRODUCTION The City's current sign ordinance, in relation to the political sign provisions in Section 18 of the National City Municipal Code, requires amendment to meet current constitutional muster. DISCUSSION The City's sign ordinance provisions in question arc codified in two pertinent sections, Section 18.62.090.E.4 and 18.62.210.H. Section 18.62.090.E.4 states that no political sign shall exceed thirty-two square feet in size. Section 18.62.210 states that prohibited signs include off- site signs, such as billboards, except as permitted by Section 18.62.090. This exception for off - site signage contained in Section 18.62.090 permits off -site signage of one hundred square feet if the sign pertains to business, leasing, and industrial messages. Accordingly, while off -site signage containing business, leasing, or industrial messages (essentially commercial messages) may be as 'large as one hundred square feet, political messages, considered non-commercial speech, can only be as large as thirty-two square feet. 'therefore, commercial, off -site signage is favored in that it is allowed to he three times larger than political, non-commercial off -site signage. Various cases address political, non-commercial sign ordinance challenges. The paramount U.S. Supreme Court case is Metromedia v. San Diego (1982) 453 U.S. 490, which held that commercial speech can not be favored over non-commercial speech. Numerous cases after Metromedia have upheld this concept. (See, for example, City of Antioch v. Candidates Outdoor Graphic Service (1982) 557 F.Supp. 52, specifically holding that temporary political signage can riot be less favored than temporary cormercial speech.) The City of El Cajon had a challenge to their local ordinance based on a similar point, and a portion of their ordinance was stricken as unconstitutional. Based upon Metromedia and other cases thereafter, the City of National City's sign ordinance provisions cited above should thereby be amended so as not to be deemed unconstitutional and potentially found favoring commercial speech in their dimensions over non- commercial speech, including political speech. ® Recycled Paper Other concerns about the validity of a sign ordinance would include when an ordinance requires a reader to determine its viability based upon the content of the speech (other than the non-conunercial and commercial distinctions), such as when the regulation refers to allowance of a sign in a particular location if it is for a special event, real estate sales, political advertisement or leasing of homes. This has been deemed unconstitutional as well. Municipalities arc only allowed to regulate time, place and manner of speech/signage, and it can not he regulated by what the speech says. (Cornelius v. NAACP (1985) 473 U.S. 788.) Various provisions in the current National City sign ordinance related to temporary signage in Section 18.62 require the reader to determine the viability of a sign based upon the content of the temporary sign. It references temporary signage such as real estate signs, residential construction, leasing, etc. and provides different regulations of size, height, or number for each type. Since the regulations require the content to be scrutinized before the dimensions are determined, this could be deemed content -based discrimination, prohibited under the First Amendment. Accordingly, it is recommended that the current sign ordinance be amended to comply with past and recent state and federal law. The proposed amendment is attached. CONCLUSION The City's sign ordinance as currently written should he amended, particularly related to temporary and political signage, as the provisions could be deemed to violate the First Amendment. We request that you approve the proposed amendments to these provisions. JODI L. DOUCETTE Senior Assistant City Attorney • Page 2 ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 18.62 PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS BE IT ORDAINED by the City Council of the City of National City that Title 18 of the National City Municipal Code is amended as follows: Section 1. Chapter 18.62 of the National City Municipal Code is hereby amended by amending the Table of Contents to read as follows: Chapter 18.62 SIGNS AND OUTDOOR ADVERTISING DISPLAYS Sections: 18.62.010 Purpose and intent. 18.62.020 Unlawful display of signs or banners — Prohibited. 18.62.030 Definitions 18.62.040 Site plan review required. 18.62.050 Design. 18.62.060 Uniform Building, Electrical, and Mechanical Code compliance required. 18.62.070 Maintenance. 18.62.080 Removal from abandoned site or building. 18.62.090 Signs permitted in all zones. 18.62.100 Flags and banners — Regulated. 18.62.110 Large permanent signs in commercial, manufacturing, and institutional zones. 18.62.120 Large permanent signs in shopping centers. 18.62.130 Small permanent signs in commercial, manufacturing, institutional, and multi -family zones. 18.62.140 Pole -mounted or freestanding signs in commercial and manufacturing zones. 18.62.150 Roof -mounted signs. 18.62.160 Revolving signs in commercial and manufacturing zones. 18.62.170 Temporary signs in all zones. 18.62.180 Projecting signs in commercial, manufacturing, and institutional zones. 18.62.190 18.62.200 18.62.210 18.62.220 18.62.230 18.62.240 Signs for churches. Mural -type signs in commercial zones. Signs prohibited in all zones. Nonconforming signs. Constitutional severability. Non-commercial speech. Section 2. That Title 18, Chapter 18.62, is amended by amending Sections 18.62.090, 18.62.170, and 18.62.210 to read as follows. 18.62.090 Signs permitted in all zones. The following signs shall be permitted in all zones. Site plan review pursuant to Section 18.62.040 shall not be required. A. Permanent Signs. 1. Size. The display on any parcel of any single sign, flag, or banner that is less than six square feet in area is permitted, except when a home occupation permit has been issued for a residential parcel, this exemption shall not apply, and that property shall be subject to all the requirements of this Chapter. 2. Restrictions. No signs shall be placed in the public right-of-way nor shall they obstruct the free flow of traffic. B. Directional Signs. Directional signs which do not exceed a total of three square feet in size per sign and total area combined does not exceed nine square feet. C. A maximum of two freestanding or monument signs not to exceed a total of 100 square feet are permitted for single-family subdivisions, multi -family developments, or mobile home parks. 18.62.170 Temporary signs in all zones. A. Temporary signs on construction sites, having the following specifications, are permitted in all zones: 1. The maximum total area for signs at residential construction projects shall be 20 square feet. 2. The maximum area of signage at other construction projects shall be 50 square feet. 3. All signs must be removed prior to and as a condition of the final inspection and approval of the project. B. A maximum of two temporary signs on currently for sale or for lease property are permitted on developed or undeveloped property in all zones, with the following requirements and specifications for the signs: 1. The maximum area of signage allowed in this provision per parcel per street frontage in commercial, manufacturing, multi -family, or institutional zones shall be 50 square feet. 2. The maximum area of signage allowed in this provision per parcel per frontage in single-family residential zones is six square feet. 3. These signs shall not be lighted. 2008 Ordinance 2 Signs and Outdoor Advertising Displays 4. Signs shall be removed within ten days following the lease or sale of the premises on which the sign is displayed. C. Temporary off -site signs are prohibited in all zones, unless otherwise provided herein and by State law. D. Additional temporary signs erected due to an event are permitted as follows. However, such signage shall be removed within 15 days after the event. 1. Commercial/Manufacturing/Multi-Family/Institutional Zones. a. One or more temporary signs, each of which is less than 25 square feet in area, shall also be permitted per parcel in commercial, manufacturing, multi -family, and institutional zones. b. Temporary signs, except flags and banners, shall not be fastened directly to the exterior wall or face of any building. Such signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent of the area of the building face upon which the signs are mounted. (See Section 18.62.100 for restrictions on flags and banners.) c. This section shall not apply to existing billboards. d. Such signage is permitted on a temporary basis as defined hereinafter, in addition to other sign allotment per site. 2. Single-family Residential Zones. a. A maximum of six square feet of such total temporary signage is permitted per parcel. b. Permission of the property owner or occupant where the sign is placed shall be required. c. No temporary signs are permitted in the public right of way. E. Removal. If the signage was erected for an event, such signage shall be removed within ten days after the event. 18.62.210 Signs prohibited in all zones. Notwithstanding Section 18.62.020(A), the following signs are strictly prohibited in all zones: A. Signs that obstruct any window, door, or opening used or required as a means of regular ingress and egress, legal light and ventilation, as a fire escape or other emergency access or escape. B. Signs placed on public property or within the public street right-of-way. C. Signs placed on property without permission of the property owner or occupant. D. Signs on fences. E. Except as provided in Section 18.62.090(B) and 18.62.170(B), signs on vacant or unimproved land. F. Any sign whose intensity of illumination, or size, shape, or location interferes with the safe operation of a vehicle or creates distraction to the operator of a motor vehicle on adjoining public streets. G. Animated and flashing signs exceeding the following limits or restrictions: 1. Flashing signs are limited to a maximum illumination equivalent to incandescent bulbs of 60 watts per bulb maximum, and shall not flash more than sixty times per minute. "Chasers" are prohibited. 2008 Ordinance 3 Signs and Outdoor Advertising Displays 2. High intensity neon lights, tubes, or "flashing" lights exceeding 60 watts are prohibited on animated or flashing signs. 3. Rotating beacon -type lighting elements on signs are prohibited. H. Temporary or permanent off -site signs, including billboards, are prohibited except where otherwise provided by State law or herein. I. Inflatable signs and displays, unless authorized pursuant to a temporary use permit issued under Chapter 15.60. J. Signs mounted on motor vehicles that are in violation of Section 7.20.150, or signs exceeding 25 square feet mounted on motor vehicles parked for more than eight hours in any 24 hour period on private property. Section 3. That Title 18, Chapter 18.62, is amended by adding Section 18.62.240 to read as follows. 18.62.240 Non-commercial speech. Anywhere that commercial signage is permitted, non-commercial signage is permitted within such restrictions as listed for the commercial signage, but not in addition to such allowance. PASSED and ADOPTED this day of 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, ill City Attorney 2008 Ordinance 4 Signs and Outdoor Advertising Displays City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 03, 2008 AGENDA ITEM NO. 17 ITEM TITLE Resolution of the City Council of the City of National City approving the reallocations of existing Vehicle Capital improvement funds totaling $67,000 to be used to lease hybrid type green vehicles to replace our existing pool vehicles. PREPARED BY Joe Smith, Dir or DEPARTMENT Public Works Ext. 4587 EXPLANATION The fiscal year 2007-2008 Vehicle Capital Improvement Program was prepared by Public Works and presented to, and approved by, Council in June 19, 2007. The program contained recommended replacements of existing police patrol sedans, Fire administration vehicles and various fleet vehicles. One of the vehicles approved by Council was a Ford one -ton aerial boom truck at a replacement cost of $67,000. After further consideration and a reevaluation of the boom truck, staff' believes we can extend the useful life of the boom truck and that the approved funds should be reallocated and used to lower the cost of maintaining our flect. We recommend the funds be used to lease, four hybrid type green vehicles to replace our existing pool vehicles. These green vehicles would be leased for a period of three years and all maintenance would he performed by the leasing company. By replacing our older larger sized pool cars with green vehicles we would considerably lower our fuel cost, eliminate maintenance costs and also decrease emissions, thereby lowering our carbon footprint. Environmental Review I N/A Financial Statement Approved By: Finance Director Funds arc available in the FY 2007-2008 Equipment Replacement Reserve Account # 644422-223-511 Account No. STAFF RECOMMENDATION It is recommended that Council approve the reallocation of existing FY 07-08 Vehicle CIP funds in the amount of $67,000 and approve the leasing of four hybrid type green vehicles. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE REALLOCATION OF EXISTING VEHICLE CAPITAL IMPROVEMENT FUNDS TOTALING $67,000 TO BE USED TO LEASE FOUR HYBRID VEHICLES TO REPLACE THE CITY'S EXISTING POOL VEHICLES WHEREAS, the Fiscal Year 2007/2008 Vehicle Capital Improvement Program that was approved by the City Council on June 19, 2007, contained recommended replacements of existing police patrol sedans, Fire administration vehicles, and various fleet vehicles; and WHEREAS, one of the items included in the program was a Ford one -ton aerial boom truck with a replacement cost of $67,000; and WHEREAS, after the reevaluation of the boom truck, it was determined that the useful life of the existing boom truck can be extended, and that the approved funds should be reallocated and used to lower the cost of maintaining the City's fleet by leasing four hybrid vehicles to replace existing pool vehicles, thereby lowering fuel costs, eliminating maintenance costs, and decreasing emissions; and WHEREAS, the hybrid vehicles would be leased for a period of three years and all maintenance would be performed by the leasing company. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reallocation of existing vehicle Capital Improvement Funds totaling $67,000 to be used to lease four hybrid vehicles to replace existing pool vehicles. PASSED and ADOPTED this 3rd day of June, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 18 MEETING DATE June 3, 2008 AGENDA ITEM NO. ( ITEM TITLE Notice of Decision — Planning Commission Approval of a Modification of a Conditional Use Permit (2007-22 CUP) to Allow for an 830 Square Foot Expansion of an Existing Pawn Shop at 1050 Highland Avenue, Suite E (Applicant: Express Financial Services) (Case File 2008-08 CUP) PREPARED BY Michael Fellows, 336-4310 DEPARTMENT Planning EXPLANATION The project site is located within the Highland Plaza shopping center, northeast of Wal-Mart, and south of the Cricket building at the intersection of Plaza Boulevard and Highland Avenue. The shopping center is within the General Commercial (CG) zone. The applicant operates a pawn shop located in a 2,192 square foot suite on the southern end of the building. A Conditional Ilse Permit for the pawn shop was approved in August 2002 by City Council. Since it had a live year expiration date, the owner reapplied and a new Conditional Use Permit was approved by Planning Commission in May 2007. The applicant is now requesting a modification of the CUP to allow for the expansion of the pawn shop into an adjacent 830 square foot suite, resulting in a total of 3,022 square feet to provide for more display area and visibility on Highland Avenue. The Police Department has no concerns with regard to the expansion of the business at this location. The Planning Commission conducted a hearing on this application on May 19, 2008. While the Commission expressed concerns about the condition of the property, they noted the issues were not related to the operation of the pawn shop, and voted to approve the proposal. They found the minor expansion would allow for enhancement of the existing business. All previous Conditions of Approval will remain, including the ability to revoke the permit at the recommendation of the Police Department and a prohibition of firearms sales. Environmental Review X NIA Exempt (pursuant to Section 15301. Existing Facilities) Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Fr Staff concurs with the Planning Commission and Recommends that the Notice of Decision he filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit Modification. Ayes — Alvarado, Baca, Pruitt, Flores. Reynolds, DeLaPaz ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution 16-2008 2. Location Map 3. Site photographs 4. Applicant's Plans A-200 (9/99) RESOLUTION YI'ION NO. 16-2008 A RESOLUTION OF THE PLANNING COMMISSION OF TILE CITY OF NATIONAL CiTY, CALIFORNIA, APPROVING A MODIFICATION OF A CONDITIONAL USE PERMIT (2007-22 CUP) TO ALLOW FOR AN 830 SQUARE FOOT EXPANSION OF AN EXISTING PAWN SHOP Al' 1050 HIGHLAND AVENUE, SUITE E. CASE FiLE NO.: 2008-08 CUP APN: 556-560-44 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit Modification application to add 830 square feet to a pawn shop at 1050 Highland Avenue, Suite E, at a duly advertised public hearing held on May 19, 2008 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. 2008-08 CUP, maintained by the City and incorporated herein by referent along with evidence and testimony at said hearing; and, WiIEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE TI' RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 19, 2008 support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the pawn shop is an existing use proposing a minor expansion into an existing, adjacent suite. 2. That the .site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since it is located on I tighland Avenue, an arterial street, and since the pawn shop is an existing use proposing a minor extension into an existing suite. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it has been operating at this location since August 2002, will continue to function as a typical retail use in an existing shopping center, and is not expected to create additional impacts. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will continue to provide a service that is in demand among consumers. i BE iT FURTHER KESOLVED that the application for Conditional Use Permit Modification to add 830 square feet to an existing pawn shop at 1050 Highland Avenue, Suite E is approved subject to the following conditions: 1. This Conditional Use Permit authorizes an 830 square foot expansion a pawn shop at 1050 Highland Avenue, Suite E. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case file no. 2008-08 CUP, dated 4/29/2008. 2. The business shall be operated in compliance with California Business and Professions (.'ode Sections 21625-21647 at all times. 3. The sale of firearms is prohibited at the site. 4. Exterior walls of the pawn shop and trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 5. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Pemmanent 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. 6. The Best Management Practices (BMPs) for the tnaintenance 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, as determined by the City Engineer. 7. The deteriorated portions of the existing street improvements (sidewalk 30') along the property frontages shall he removed and replaced if applicable pursuant to ordinance 1491. 8. 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. 9. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.1 16_ 190 of the Municipal Code. 10. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also he revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 11. This Conditional Use Permit may be revoked upon the recommendation of the Police Department if the operator is found to be in violation of any state, or local law regulating pawnshops in accordance with Section 18.116.170. 2 12. Before this Conditional use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the 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 he approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 13. Within lour (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 io the National City Planning Department. 13F rr FURTHER RESOLVED that copies of this Resolution he 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 Conunission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 19, 2008, by the following vote: AYES: Alvarado, Baca, DeLaPaz, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: 3 903-911 927-933 East Plaza Blvd 1019-1143 E 12th 1231-43 E 9th St 2008-08 CUP Pawn Shop at 1050 Highland Avenue, Suite E — Site Photos Existing and proposed frontage (facing Highland) Existing main entrance 5 Store interior Shopping center frontage r TE FLG R PLZ-nN .•meter j...o SO. a nKa re .+ct<na. wn.e•e wc... +▪ W r .M.•m .e MC WMe F.'R .0 RvLNe• SOU W pet[ nq f}MR.n in N.YJa v_u.-nr •••._.•.c.o.•<a..,s.,;...rot. aa�.• wec.w •..ALI. >: sA M Y4^••• r•. u.w. .<P'1;.K C UP, .:.-al C.•. St I.WVn:. 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NpIVY NMRI(aeYIC.. eW1400M00543.wNu.blS.v L a i= m • N o0 c I Qa z U _ .W to LLJ_2 _'• J CC C - oS Ix Ia OL- W 9.2 I le • I I� • 2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 3, 2008 AGENDA ITEM NO. 19 (ITTEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for an Auto Body and Paint Shop in an Existing Industrial Building at 940 West 19th Street (Applicant: Phillip Schwartze) (Case File 2008-0909�CI JP) PREPARED BY Martin I der, 336-4310 DEPARTMENT Planning EXPLANATION The property, located on the southeast corner of West 19`h Street and Haffley Avenue in the Medium Manufacturing — Coastal Zone (MM-CZ.), contains two separate buildings; 940 West 19'h Street, which is a 105,000 square- foot single story building and 2101 Haffley Avenue, a 38,767 square -foot, single story structure. Caliber Collision Center, currently at 3131 National City Blvd., proposes to relocate to the subject property in order to expand their facility. Caliber proposes to lease 35,200 square feet of the existing 105,000 square -foot industrial building. Approximately 2,800 square feet of that lease area will be utilized for office use, with the remainder to be used for automotive body repair and painting. Caliber Collision holds all required City, County and State operation permits. In addition, the applicant worked extensively with the Environmental Health Coalition to create additional Conditions of Approval aimed at ensuring an effective precedent for future auto body repair and paint facilities. These supplementary conditions are numbers 20 through 27 on the attached approval Resolution. Planning Commission held hearings on April 21 and May 19, 2008, and ultimately voted to approve the CIJP finding the industrially -zoned site suitable for the proposed use. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION /,n Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, 1)e1.aPaz, Pruitt, Flores, Reynolds ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 15-2008 3. Site Photos 2. Location Map 4. Reduced site plan, elevations, details A-200 (9/99) RFSOL[iTION NO. 15-2008 A RESOLIJTTON OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROV[NG A CONDITIONAL USE PERMIT FOR AN AUTO BODY AND PAINT SHOP IN AN EXISTING INDUSTRIAL BUILDING A'1' 940 WEST 19T1 STREET APPLICANT: PHILLIP SCHWAR'iZE ('ASE FILE NO. 2008-9 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional i Jse Permit for an auto body and paint shop in an existing industrial building at 940 West 19th Street at duly advertised public hearings held on April 21, 2008 and May 19, 2008, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2008-9 CUP maintained by the ('ity and incorporated herein by reference along with evident; and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures rcxluired by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, 'THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on April 21, 2008 and May 19, 2008, support the tbllowing findings: That the site for the proposed use is adequate in size and shape, since the business would include a 35,200 square -foot portion of an existing 105,000 square -foot industrial building on a 4.75-acre property. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the business premises has multiple driveways on Haffley Avenue, the adjacent industrial collector and the public roadways, Hadley and 19th Street, operate below capacity and can accommodate the increased traffic generated by the proposed use. 3. That the proposed use will not have an adverse effect upon adjacent or abutting • properties, since the area is in a rnedium-intensity industrial zone (MM-(.7Z), is surrounded by industrial uses, and since all rewired County and State permits with regard to air quality, toxic materials and environmental health will be obtained and maintained for the duration of business operation. 1 HE IT FURTHER RESOLVED that the application for Conditional Ilse Permit is approved subject to the following conditions: I. This Conditional Use Permit authorizes a 35,200 square -foot automotive body repair and paint facility to operate at 940 West 19th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2008-09 CUP, dated 03/03/2008. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director for the property frontage directly in front of the project. area. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Proposed Development shall be consistent with approved Landscape Design Guidelines and shall be installed prior to issuance of a business license. 3. Before this Conditional Use Permit shall become effective and prior to issuance of a City business license, the applicant shall show proof of all necessary permits from the following County and State agencies: County of San Diego Department of Environmental Health; County of San Diego, Air Pollution Control District; State of California Department of Toxic Substances Control; State of California Department of Consumer Affairs, Bureau of Automotive Repair and California State Hoard of Equalization. 4. All inoperable and/or damaged vehicles submitted for repair shall be stored on the property and not on City streets. No vehicle sales shall be allowed on the property without first obtaining Department of Motor Vehicle and City approvals. 5. The applicant shall provide a parking plan prior to business license that reflects designated employee parking for review by the Planning Department. Employees shall park on the subject property in the approved designated areas. 6. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. 7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 8. A trash enclosure shall be provided in accordance with city standards prior to issuance of the business license. It shall have a stucco exterior to match the building and a solid roof to the satisfaction of the Planning Department. All appropriate Building Department permits shall be obtained. 9. Exterior walls of buildings/trash enclosures to a height of not less than six (6) feet. shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director and shall be treated prior to the issuance of a business license. Graffiti shall be removed within 24 hours of its observance. 10. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. if it is determined 2 that the project is subject to the "Priority Project Permanent Storm Water I-3MP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will he required prior to issuance of an applicable engineering permit. The SUSMP shall he prepared by a Registered Civil Engineer. 1 1 _ The Best Management Practices (BMPs) for the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPi)ES) 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 constn►ction permit. 12. All surface run-off shall be treated with an approved Standard t )rban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. 13. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced (driveways on Haffley). All missing street improvements shall be constructed (sidewalks on Ilaffley). Street improvements shall he in accordance with City Standards and shall he completed prior to issuance of a business license. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 15. Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2007 edition or CFC' in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards and Municipal Code as adopted by the City of National City. 16. "llie project is to he in compliance with NFPA 13 "Sprinkler installation" and NFPA 72 "Fire Alarm Installation". 17. Within four (4) days of approval, pursuant to Fish and (lame 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 ('leek and submitted to the National City Planning Department. 18. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Ilse Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall he approved as to lorm by the City Attorney and sigmed by the Planning Director prior to recordation. 19. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 3 20. Applicant shall install and use a preparation room with proper filtration and ventilation, a paint mixing room with proper filtration and ventilation, and a spray booth or spray booths with proper filtration and ventilation. 21. Applicant shall use all water -based paints and coatings to limit emissions and worker exposure. No solvents shall be used. 22. Applicant shall limit all non -office operations at facility to thc hours of Monday — Friday, 7 AM 6 PM. Applicant may operate facility on Saturdays between the hours of 8 AM - 1 PM. 23. Emissions at the proposed facility shall be controlled to an overall capture/destruction efficiency of at least 90% by weight, in accordance with Best Available Control Technology (BAC'f) Emission Rate Limits for Autobody and Paint Shops, as listed in APCD's New Source Review Requirements. See condition No. 26 for reporting requirements. 24. Applicant shall use all hest practices for autobody and paint shops as specified by the 1.1S Environmental Protection Agency's Design for the Environment program relating to the sanding, paint mixing, spray painting, hazard notification, respiratory equipment, and workplace safety at the facility. See condition No. 26 for reporting requirements. 25. Applicant shall obtain certification as a "green business" as defined by the San Diego County Department of Environmental Health's Green Business Program for auto repair facilities. See condition No. 26 for reporting requirements. 26. Within 12 months of the start of operations at new facility, the applicant shall file a full report with City staff demonstrating full compliance with all conditions. 27. tipon request from any membcr of the public, the applicant shall hold an annual community meeting to inform interested members of the public as to the compliance with the conditions of this permit and any incidents that have arisen at the facility. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council_ BE iT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where thc 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. 4 C (-:RTIRC A' 1'tON: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 19, 2008, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Alvarado, Baca, DeLaPaz, Pruitt, Reynolds, Flores CHAIRWOMAN 5 0 i 1 1 I 1 ) 1 ! i i ! il il i ! t 1 1 t i: •-i i r ! ..> 0 _, 0 1 t 1 1 • a) • • > ! i (t) 1 -o i i c ii _rpm \ i . i. . i ) I. t j t t .. ---- I ', MM-CZ t ; 100 t 0 100 200 300 Feet %.; cP LOCATION MAP Conditional Use Permit for a New Auto Body Shop in an Existing Industrial Building at 9401N 19th St 20 \ '2703 22-1 • '1'316 NN `CT-PD-1, •CZ NATIONAL CITY PLANNING DRN- DATE- 4/8/08 INITIAL HEARING: 412110B Looking east towards railroad West side of building looking northeast Looking south on Haffley Ave. Looking north from proposed fenced area CD CD CD CD C.0 -C= ,„,// .,,//,' • . !' //,///2//4/2 ,i,' /'2/, --"H4I]-17"-: 71— .1.4_111 ., , 1 .1__ 7732777777277777/7 / /7777y'/77777.7'/>7 • / ,/"7777.77,,/,/, , //, ./7//'/,% • %/ .//'//, '"'/,//' "•>/' //,'..•:,14:/. z.-,/.', //... z,- - — .i:,. ._. — .:, :, .. _ . YA/ ; I I \ L'' II I ..' /I . - . „,r,/, . -1-.)r.. , ,,, ! (.r%, ! 1 1 • „, - -, , ..„. .._...?, , i i i _1 1 r //I i ._; i . . ,... I_J 1 . C-----\. 0 c c i • , . . '---;',..,---. ..c- .. . HAFFLEY AVNUE NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. 2008-09 CUP DATE 03/03//2008 SITE LEGEND -•••••01,0 ../011 0 no, ••••••• SITEPLAN SITE PLAN NOTES 7.fr. r : • cn onosat • „ SITE PLAN NOTES cont d _ - I !. 6 1! 0 6 1 y, 0 g g t 1.!I11 I.11' II-1 I I ; :ft 011 6 Al 1 • • t412-AuM!. I k.'f.tirg* EAST EXTERIOR ELEVATION LR'GHT) s • EAST EXTERIOR ELEVATION (LEFT) YI (;).114-7,1,. .- i ••:.42; , ' I ,- ,. . ••••••••• . ••••••• ..{.1•••••• . . ‘,;14. 4.1....7.' 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PS ...ex '.:. 7, LU 1- 0) Potential Monument Signage ,61111..11., HAFFLEY AVENUE YARD FENCE . „ P DoOR N.7EMA-MEX1Support1YEscobar1PROPERTIES1B-840 VY 1Dth $t • 4546-1255701D.flerent SJIteasSaD '9' layout ;1.02.031 City of National City, California COUNCIL AGENDA STATEMENT 20 .dEETING DATE June 3. 2008 AGENDA ITEM NO. (ITEM TITLE Notice of Decision — Planning Commission Approval of a Planned Development to Construct a Duplex Behind an Existing Single -Family Residence at 439 Palm Avenue (Applicant: Francisco Godinez - Specialties Design) (Case File 2007-42 PD) PREPARED BY Martin ceder, 336-4310 DEPARTMENT Planning EXPLANATION The 8.800 square -foot project site is located in the Multi -family Residential (RM-1-PD) zone, and has 57 feet of frontage on Palm Avenue and is 125 feet deep. The lot is developed with a single -story "streamline moderne" style home, built in 1947. and a single -car garage. The existing home has a flat roof. The applicant is proposing to construct a new single -story, 1,612 square -foot duplex on the site; the existing home would remain, although plans include removal of the detached garage. Each 806 square -foot unit would include two bedrooms and one bathroom. Six surface parking spaces are also proposed between the existing and proposed residences, to be accessed from Palm Avenue, Exterior elevations reflect a pitched asphalt shingle roof stucco exterior, covered entries, bay windows and a varied gable roof design (see attached plans). The duplex would be situated at the east end of the lot, 46 feet away from the existing home. Wood fencing is proposed to delineate private open space areas adjacent to each unit, and the side yard setbacks will be landscaped to screen the development from adjacent properties. Stall' initially encouraged the applicant to redesign the proposal to match the older home. However, the applicant noted prior maintenance issues with flat roofs and decided to proceed with the original design. Although it could be argued that a more uniform development pattern could he attained by redeveloping the entire property, the uniqueness of the existing building needs to be considered. Planning Commission held a hearing on May 19, 2008. and voted to approve the CUP finding the site suitable for the proposed development, and that the project met General Plan policies with regard to allowable density and contributing to the City's rental stock. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Account No. Finance Director STAFF RECOMMENDATION c60 Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD I COMMISSION RECOMMENDATION The Planning Commission approved the Planned Development Permit. Ayes: Alvarado, Baca, DeLaPaz. Pruitt, Flores. Reynolds ATTACHMENTS ( Listed Below ) l . Planning Commission Resolution No. 17-2008 2. Location Map Resolution No. 3. Site Photos 4. Reduced site plan, elevations, details A 200 (9/99) RESOLUTION NO. 17-2008 A RESOLUTION OF THE PLANNING COMMISSION OF 'ME CiTY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT TO CONSTRUCT A Dt 1PLEX BEHIND AN EXISTING SINGLE-FAMILY RESIDENCE AT 439 PALM AVENUE APPLICANT: FRANCISCOGODiNEZ- SPECIALTIES DESIGN CASE FILE NO. 2007-42 PD WHEREAS, the Planning Commission of the City of National City considered a Planncdl Development Permit application to construct a duplex behind an existing single-family residence at 439 Palm Avenue, at a duly advertised public hearing held on May 19, 2008 at which time oral and documentary evidence was presented; and, WIIERE:AS, at said public hearing the Planning Commission considered the stall' report contained in Case File No. 2007-42 PD, 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, WIHEREAS, 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, Calitornia, that the testimony and evidence presented to the Planning Conunission at the public hearing held on May 19, 2008, support the following findings: 1. The site for the proposed use is adequate in size and shape, sing; the 8,800 square foot parcel can accommodate a new duplex and all required associated parking and landscaping, and the proposed density of the project (14.8 units per acre) is consistent with the maximum residential density allowed by the General Plan for the RM-1-PD Zone (22.9 units per acre). 2. The site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the addition of a duplex will result in an increase of 22 Average Daily Trips (AIM). 3. 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. 4. The proposed use is deemed essential and desirable to the public convenience and welfare, since it results in the creation of an additional quality residential rental opportunity in an area identified by the Combined General Plan/Zoning Map for multi -family residential uses. BE IT FURTHER RESOLVED that the application for Planned Development Permit to construct a duplex behind an existing single-family residence at 439 Palm Avenue is approved subject to the following conditions: 1 1. This Planned Development Permit authorizes the development of a 1,612 square -foot duplex at the rear of the lot at 439 Palm Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall confomr with Exhibit A -Revised, Case Nile no. 2007-42 PD, dated 4/15/2(l08 2. A revised site plan shall be submitted prior to building permit issuance that indicates the arca to the south of the proposed parking spaces up to the property line be landscaped in a manner consistent with a common open space area. The area shall be a minimum of 300 square feet, consistent with common open space requirements. 3. A six-foot good neighbor fence shall be installed along the north, south and east property lines, consistent with Land l Jse Requirements. The fence location and detail shall be reflector on the landscape plan. 4. A detailed landscape and underground automatic irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting, water conserving irrigation devices and an area for common open space. 5. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. 6. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 7. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall he in accordance with the City requirements. 8. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. 1'he checklist will he required when a project site is submitted for review of the ('ity 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) approved Standard Urban Storm Water Mitigation Plan (SIJSMP) documentation will he required prior to issuance of an applicable engineering permit. The SIJSMP shall he prepared by a Registered Civil Engineer. 9. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 10. All surface run-off shall he 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. 11. A sewer permit will he required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 2 inch in size with a clean out. A sewer stamp "S" shall he provided on the curb to mark the location of the lateral. 12. The deteriorated portions of the existing street improvements (driveway 20') along the property frontages shall he removed and replaced. 13. A permit shall he obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 14. Street improvements shall he in accordance with City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks. 15. The project shall he designed, developed, and constructed in compliance with the Calitornia Fire Code (CFC) 2001 edition of CFC in effect at the time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 16. Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2007 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards and Municipal Code as adopted by the City of National City_ 17. Fire access is to be provided. Access (driveway) shall be a minimum clear width of 20 feet and a minimum vertical clearance of 13 feet -six inches for the entire length. 18. All units shall be addressed in a manner clearly visible from the street prior to occupancy. 19. Estimated minimum fire flow requirement of 1,000 gpm measured at 20 psi residual pressure. 20. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project 21. Within four (4) days of approval, pursuant to Fish and (lame 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. 22. 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 infonnation that conditions imposed by approval of the Planned Development Permit arc binding on all present or future interest holders or estate holders of the property. The Notice; of Restriction shall be approved as to fbmm by the City Attorney and signed by the Planning Director prior to recordation. 23. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.1 16. 190 of the Municipal ('ode_ 3 BE IT FURTHER RESOLVED that copies of this Resolution he transmitted forthwith to the applicantand 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 S:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 19, 2008, by the following vote: AYES: Alvarado, Baca, DeLaPaz, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: CIIAIRWO AN[ N 4 340 0 East nth St 404 CO CL w East 5th St t?p 420 4, 0. 431 ss nAc.'s 43a _J!f"l^:.i � 'Cr.^` iy i� ,T•; �f , N pl 531 j2o 535 53° 0 434 504 0 524 534 a 100 0 100,-- -200 Feet`, PROJECT SITE NJ /yNlyi •l• ZONE BOUNDARY _MEI .1.. LOCATION MAP Planned Development Permit for a Duplex at the site of an Existing Single -Family Residence 2007-42 PD NATIONAL CI5TY PLANNING DRN. DATE: 5/5/08 INITIAL HEARING: 5/20/08 20 7 42 PD New Duplex at 439 Palm Avenue - Site Photos . . .. . a..... . . «� a »2»- . Existing Residence a9Palm Avenue Existing Residence Residence and ()aragc looking east 6 Rear of property looking west Vacant rear lot looking southeast 7 • abet. FN iYCEP!es,tt:C7G5a• r0%2 `.1,"•tlNEPCIFIT A'lr.T? NfXf 43 Si ppll -_.I 1'ac� ; •�' a' alw.abl OL4, 439 PALM AVE. { L SITE PLAN tAt l•. I>a w IFS: 4.1,NSC.N1tASWl):t 71 RNlObta}ltc.NM aN %e .,,n Lr nn I Mt K,0w....Inaowwn 7'.}M GftOA. a:1fl 014:047,1 xlc.veal 1 "G KWCEfa NN••'PJ 2SA KI.•OL• 7fa1! 1C t0' N 5¢n al it arm,. ..O xr", 211,54,0r'M NM. eV, SCOPE OF'NORk ©M at r:,t'3R•1 x AND I.VC WOK N VJfs I0:K Yat• RV. N.r1.. . u rawluac caef At eaua7 Wtlfaa a42.Mf.M iNt I W O, CV a cxt 9D ar a wan :.. w1[r.cat PROJZVE TWA: MEL rtY/tM 214I1I1+•01+1r MAXI iN we* rw IN+ XXI•*LS4M afi•it XXI44s IrIW1S WL wIIIw ;slirlrn+ STORM MATER WY MOTES O.AW t1Y.A MO : N yN0.b,w:R tfae0.l *Ma2W 2Al . W Q K Xa.f tte. 51.02 2 CY104017. a 4ra•I 2 N :M:OCIlfUiCM,,,KNDWOC,I(Xlh.(x/.'R • %AM.Y mot QIK3A•e ,NIM5NCO0419110•05 NQ. W.(UYr.I•'f 1R2.M•SON^WIMMIrXXLS I 1 WIla0G715IIEC'W10 ,w'R WSW WIN. .PMLM J+OISxt02'NKAtMFry..rpMVP V N YQ1 4. WOW, ',VW. X45w.A 141,0t: WeL., W t019.eMWAA' •t•.WV 1t'RN% 2/..'A1101 OMK R ROW 4(Vi IC y.ra'MI•t1.444W0 4 R•t254w. R1. "da nr D 0vo 5W€.7MYON r•[:nM R.ML' AGM MC!@5K1. 9 A.'aae dfCt• Ml X IV., IRS MKO4t» .61J2 N G1enr.f. let MV44e 104. w•302M,42aye:Wl5•%WY RW f NIMMMY SNO'(b•ep I1N vat Jet, utM?r •.14 laac'a Sw. e•J7 A. ren,VAt.t OM W.a5 V'aQ5. J rnIV V'.p•ILV7DC 100/44 .+1 SINS Me'AI XAM7VYxtSM M4RP ctv" n51 le1Ct2VANttln"A.MW2].V( ust,r .t. TA, (entl•n 4F 7104.1i'1). r et %CV 21t ZW4 ,3i 4411A59L 1.N'Yn 44!12 .I1X1 leatt ex. Oralt' . II, N CMw[ et/ASNUM 2 W 4r: SHEET INDEX xsanvr 5t r.N1 } t'KRT..C14/ LIMWY t Vt% A. °KrN:rlIX ".m l(biSA le:, :(:Q.',n0e. i r1I5150t21[. tftrottaArrAt L OSC.In I rwIC ...M2?t51 ICES 105.W. LMV%Nt /Jtr, 2fY5 11015 PROJECT SUMMARY MEET DATA AM•itr010OM100 tq+OA W+0 • .F 0r d Int 20 d 0.O a WALK. KR OW •x w:+ Mena• .4_ .n 1.01.101,G NW Zan. 4M.1l0 L.AM•t+ON I t5e„Il.dbn' om. OdyWq•0.J BIM'.E1M, APEATA&J.A' O\ t+w. NAYW.4A1+. Nflltt Mtm+4s.a.A• Oil N/t Iwpn4IYMo,w t• IpR rt T011,Un%ONW t2+i4.. O 1. M1181q w�A• IS+iirl C roN2a fw. CaRill•x stE X. Oc. vJ:. gal x MMrac.,W'N %OI:AI:ONY sO'CtU r, _) t e'ClelOPI oI I.RAO l470) ow II • L'MY1a M•ItµIM Q' Gal l4:I Y.YI et a 0: ew O Ktt OT2VY1MI K l((( et.OYatY*4t»,1111Metl..'M'.M M.,NrN r.LM.tlAV1DpN Ta .... Orr L Jt^, VICINITY MAP \lx P45\zalpari j ]IC PROPOSED FLOOR PLAN - RESIDENCE A & B GENERAL NOTES: 1. r'.Av. o✓. WWI. re. Y.aeY mfs s•s t Ai -•••.•••YsrwYmfJ•fMI: 1 4 Yfll Y.uwntre\1.Y. I. M s.Y hog *eV, LI WV labf W.Y/•pbb IwWfF.NY I.YNWf 0 P.m.. s\ram l 1.. • as, b•.412•J W M.YI/.Y.......N.I IVO:P/C . o I e .NMPak •N.YSM'.. • 20.0 .,b.Orr. •.1ma, raw, ••• MC M. 1.11•• ••>._Ylf •w.••1700b1y YY1Fr.1 !T a•ldr. l CYw Rm. 1.•••••wr.••I .. S. • ltl1\OY!••.•.. 111 1sr•r41••MO••O1Nb wr 1• • Mr1..rv!•.4•1.M•OY w •nw / 4.I110 MbYY.�•oa•. ••rowl .ma.•Ywena.ew. Y Y/ammo rr ayc•a r. . r•••1.••w••4••• W Y.l...l.o.......... >e. 00..M111,1 IP✓r Volta, Norm r.! 11N•waiHlM'f.✓♦M/MlY• n.aNr.vM .rY •Urr.••m•.. N f *NM Mrwwtull a 1 YY.✓ Dose. Os• w• a> wl.Y ! mr>l>Y. Il!.Namur. I.. YM . . •e.\•.•Y•r••rrr.✓ I l .f>.f •Y...Yr WWI MO • s•.f r.0 if if 1.1.01.1.141 I✓p.C✓IYI Oared OM w M. s.rr•• >.b /•Mewl. ',W.I.. w.f.. von. I.isuwr. oU.IT.'•I•>•TCWY • Y•✓••••l.• W V•/.l1•wb b Yf ✓Y• err'll.I W M f.>.11.1.0fY Y.• I.wbY..wr•.a..•... v:.•bl.egn I l' MY. •YY M••.•s •b Y mf Y rr. • a'I}w( r •••.• !w.• » Ito .wrr..w W r...ba.fe«swnl. 4 rl�..r tca•.r••I..1•r/•.l voror.w..f 111Y 1b o.. Y1!•n .ti LEGEND t M,mamec ....1n M., r• IJ M1••�I .9.000.61.1.0..... » wN••Y••vIN.S., •w1.1•r l+..w..Nl... n ... T. w don fin •• Y...• w r.r «..1 ble.. w a le Mewl 1..6.Y! Y>Yry.YN n.1 I•• Y.! > W l•I•t >sY .✓OC D. Mai.W /•ware I •Y.ls.l.b4r.. yl .•M•n.w T N•ls•Y 1. •.1a A.• non.,V)•. rMs. •..1.• a•... Y..Y..•.. �...r.• r s ma l W 9• r a rw.w••ea. r. w..4Wt • a• n •r.•rew . r••rw •lwa•/r.r.11f• INN III AY. " Oro Olw•r! M •s.1•1 11. n___.ru>.•wrw rr.rxrX flfl. Cie.• IIW VIO•Y d•., •I.n....f.. •... Mew:Yb. w..w lio r•.•ww1..Y..YYs• 1r..,w>.r u 11,1P•a Li 1 A-2 r..! wars, DOORS WINDOWS FINISH S?J SIZE -YPE REMARKS SYM SIZE TYPE REMARKS ROOM FLOOR WALLS CEILING SASE REMARKS Q• vc',, .1,r' x-.;pa A >'q-,... MC'f>'M11.0, MY R4.14.GA'H 1 ` t Y.•..!'E'i f, flY. (�• 0 ♦C',t O. nark,At1M. Yn*fl.-'1A'L.1D �� e} ( f - Ye :!-L' � vY til�'.r.'GE •' ' 0 • YX.a., %m a .st'M4 M 1,419 y>� i ✓F F, pyy p F e > • O'.eS' f.•rn .Cel: > 14 .• <' f!C 04'••11AaAav y g ( • I � Ei � 55696y .t,1ek ie i'ie • :w:cc4 • • • • • sr..• • • • ` rxc • • • • •1, t ' NRGVI '_, • • • Y AtCR: • • • • 4 �•-^ • • • • �)f y I I L t a.", • • • • r>• Anti..., ,off.' 1..-._ \ 1ar - - - - CO it triVirli' ' WEST ELEVATION -RESIDENCE -A & B SOUTH ELEVATION -RESIDENCE B S! • Al*,10 J. ff ' Y llll fill I ❑ IL I I IV J i�`r ��1�y�. _...,>"��f.�'.���I.�".•..�1'; 1. 1u e new+s �rt� I •_or= Mill EAST ELEVATION -RESIDENCE A & B NORTH ELEVATION-RESIDENECE A J 4 • 4.1 4101.0 00 0 0 0 o 0 0co H439 PALM AVE. LANDSCAPE PLANTING PLAN bit VP. fN tlG'S /'1 " �u . lynx Aar,. z'00 w. lnVll.>ASMp; Y•q SO ar..wY,n..ora:01 '"4 . M..MVn•)AI V ▪ Y•W (YMlt.l: rroirmo N•MS1Y07001 &M»' 1Q y.QH YAW. r..ro n !u4.nlR T.*xnM :l 4,-. lg.. PA.' 4)4 i PO.RM'.a,a Cqf Y !^!• �'cir.v:^re 2 ° [Ea l.W'.q:i b • _e • • i° .Mv QJICJ( COU>.1 VALVE r4eAcR C-ItCV .IM YILY'! Hilt Weir roA.,MYR .I: Aa?N2W dViW/f 401... -4 N4l1 M.:WM.* PM i vMs'wet, Rle>no>1m'ras<v> •01 4. C.212 r..WC ttl>w R (LYYI''0M ''O.w4UQPMp 1 K4. tC H4 ]Jl> 30AG M.T.TO'O. 44 4! ii RM[. W 10.1OW 11:41:1.'441 4/0R4. . 'CR'4 [IXV. •y'.LGr A. VpYA MIM M. I MI Mfg Y6MMAyN4w6 .1,10,4.6.•03/1.041) 9U6M'4..g .M.fIT WLY wA"Y )IM fO.O.Nay., 4RYq.W. se ▪ vau I.vainM. m.. gHMM.ai ..k 44 w 614,06 V M{IrM14W: 1.1H.Hwvn.w>.MR+.�.v. 0,..0111144 Y.OMI N.itl44MI le .I& Mq.NM1.X1 Wi.lbrM'nLlq l.RitlRM•W .1'.MMN.M fIC. ..a...115,ti,.fM...,..-.'WC V44R a,.. w roo. .64166i06.8 W'41 i 1MV4M WIOY 4.Y-"IIIN Y NMN 1@[ NOtatterMilitAV'C Qi'4..A�^ t'4aa.a.a, �. ,1**AMLa0•F. ne..1T nN ZYiMf-UfC9'.RAM.V..:.4aMr..'M. *rev At)... Yr=X 4AMY,°w..v+, aw1rnCv.. Iw p.MpwT A.SO. V;•j•, .Mor...afnfw.M Yaw..un.v. ls:V0 M0 p .160 • w4Yw. R4v2 N:Y,vr.:agd nGMtNwV s rCY1 o.. ./M+.Ot wq. 1. 14 .+wa+,t..tltWuf.V�h 2,4 JV *re M4.i10Y'fOMRML1...***r O ▪ tr N..RIKJW �N upfw'1 Y/M 4- .ASNA4 402; W• .M:M W'Sd13 4 •101O omowrN �MM YA4 M:M RR•{,”61..Y.II(UMf Yaws h'A.L MOJN?ED COYTROLER • BOX TREEPLAV1NO groa 5-RUB RAKING DETA L lonuaran 411,01116 O 0 'f'f YnY�R'h 'REESTAK! GRAN1VGCETA. of L-1 439 PALM AVE. LANDSCAPE IRRIGATION PLAN .1 la'. Pd. .rrt,m♦MT". 14 ,K,rr.r. •t.1 661. rs.rl4NInf.LLI<Nfb •C laPs..• m al en afmf TMrav vun : 131 Iu tae PIIn. Mr tut.'J1i.•e nxtvK+melon: 4e1.rnt 1333 at .1A W(A.NVC:7I !V•< ,tx VW; .nOYA1:f fN`QraRT vrtax+t.ww uixY! r.cA9a mt• .4'rf0 INPL.V IW lief gjll•dIR tt•Jrt• twO •Y' re(MOM un • It M•f1a••X __,.•true• tID Roux a•IL l•OMIN•, VIM AIP•111 Yen• ♦O row Asa •5 Watt me. Mat %aWM•IX t rot mita.•IG rat "tat •i Ran •V i®a09• i q.Iw.eon •Wi NI•.p4{ YM {l r.\OrV 60.4334,0313. Axt • ba 0' it Ito O'tvr MP mast Y tar. sae.. Ys vet, {N to In YY•X. k 0 JINN 411 4250l C4 r rf 4 .i .II iy t� la rM WAX, It ram .9 .dill t rrxwO ,•••• 4•]u ft r PY4un.Yr I 01.4.11,4±4^2 WA2 M fO..Q% mFQ x•q. r- W: Ip If T"n NYO1 T` 1 AL':'.:. lb.'v::. ♦ '.f I34i1.! 'Iri anat.. raxe Sr 3,0303 .)-ai./ 1.• .... k•,. ' 030. r Sr91S a., • r .rr<.. ern1 D3 rattrap tax ;.4 y11rJ ] e SO", u] — f iM1 36334N60'3610 i rRSIL { Ia,IJ � OW 1.3 1N 0,0 • %0....IK-'F•-0C3b2C POP-Lato a•' i _q I . • ._ _.. .. ... LFtivO 'WO- LY-IK-IYKL: A`+Y-V. Y♦♦V I f I ]tl =1 ... _ ..... ... • ...i. . '.3)UtiPo '60-4-nf-303-KL43: i-4c V•ar ♦ I b Cl � ▪ I ]J ♦ Iy1tN0 ' KO- L.V-Ire{-fVN Iy-J ST•• f •'l WMM 'L'D-lui-Rf-N ff)-V grli`• I f • 30 i] 4pM0 '60-]w -Pat at. W-!' t ]J C> Patin •400-ta.-nt-tr .o-w "Pt, , r x '.o i) IMbtO' Xr.,-914a fV 1.0 IRRIGATION NOTES 316.1.33,20,6 •.wft saner.' .u•a Litt ale 1La .a1r.0,0, a.♦wtav a•o• S]14,0107 e •WW1 OW4L]^KA. ro♦soaw.. aat a.olnusr;.(3tf'a .emu 1H[•w Nu .A:a /1Natroue,rrw,wa twfl4l raw0f v. An. <i JN 1.:Ys a 106,1 f t 0T PI to K p((M Wl4 YO 1 m»mroarxwnW 10Huewrrv-:a•.nl.. r au.•.'orr.rsrO r(n0.vw m..w '*,4 w I ".I.. E1,1W:al PCP•U' TLR1 SPRAY JETA O y0•40/04•♦•Y•Mr.r••••11. GATE VALVE ASSEIRLY C€TAL 01061 vummormamirre /I \V� 1��r~wr ICJ BAGRAWPAEVENTOI•ef O *a.....waeataxia - Len. V. bat ar1164 • is tww I L tat tax Sa"B.. .ttw.•.m.P.t THE lCETAL •0 A City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 3, 2007 AGENDA ITEM NO. 21 ITEM TITLE 'TEMPORARY 11SE PERMIT — St. Anthony of Padua Festival, June 7-8, 2008 from 9:0--; a.m. to 5:00 p.m. daily at 1816 Ilarding Avc. PREPARED BY EXPLANATION Joe Olson, 336-4210 DEPARTMENT Building & Safety This is a request from St. Anthony's Church to conduct a festival located at 1816 Harding Ave. from 9:00 a.m. to 5:00 p.m. from Saturday, June 7 thru Sunday, June 8, 2008. The event will consist of carnival style game booths, musical entertainment and concession canopies. The applicant will provide overnight on -site security (Knights of Columbus) for the event. Portable restrooms will he provided, as well. The applicant is requesting that Ilarding Ave. between 18th St. and 19th St. he closed Saturday, June 7, 2008 at 5:30 a.m. through Sunday, June 8, 2008, 6:00 p.m. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $345.00 for processing the TUP through various City departments, plus $449.00 for the Fire permits and $817.45 for Public Works. Total fees are $1611.45. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St. Anthony of Padua Church EVENT: St. Anthony of Padua Festival DATE OF EVENT: June 7-8, 2008 TIME OF EVENT': 9 a.m. to 5 p.m. daily APPROVALS: PLANNING YES [ x ] NO [ I SEE CONDITIONS [ ] FIRM: YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS/PARKS YES [ x ] N() [ ] SEE CONDITIONS [ x FINAN(.'I YES [ x [ NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICF. YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] (Try ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] RI AIDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and Parking Authority and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to he determined by the Risk Manager. POLICE 336-4400 This is a yearly event occurring during daytime hours and has a family / church atmosphere. There is NO request for Police Services. Based on past experiences, there is not a need for police officers to he assigned to this event. The patrol division (DayshiR "B" Squad, Midshift "C" Squad and Swing shift "I)" Squad) can "extra patrol" and he visible when available. PUBLIC WORKS 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division 1. Staff will deliver barricades to street corners or to applicant prior to the event. The 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 not parking signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $ 72.45. This amount should be paid to the City, unless waived by the City Council. a. b. c. d. e. "No Parking" sips Barricade Rental Equipmentffruck I Lours 1.5 Man Hours Total Costs 6(cl)$0.45ea — $ 2.70 R@$0.35ea = 2.80 (d; $ 12.07 per hr 18.10 1.5 @ $ 32.57 per hr = 48.85 $ 72.45 Parks Division 1. City Council Policy #802 restricts the use of the Mobile stage. 2. The cost to provide two park maintenance personnel for this event is estimated to be: a. Setup b. Breakdown c. Total Costs 3. The organization will provide nighttime security Facilities Division No involvement. Fees 4@$93.15ca 4 @ $93.15 ea $ 372.60 372.60 745.20 Unless waived by the City Council, the applicant shall pay $817.4.5 for staff costs associated with this permit request. This cost was estimated as follows: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the free event will he held primarily on church grounds. There will be closure of Harding Ave between 18a' and 191h for the duration of the event, and we need to clarity when the street will reopen. Security will be provided by volunteers from the Knights of Columbus under the direction of a retired police officer, but this event would not be considered high risk. The pastor has signed the hold harmless agreement. This event does not appear to present any undue liability exposure to the City in terms of vendors or facilities. I have no objection to the application. FIRE (619) 336-4550 1) Access to Festival to he maintained at all times, to both 18t' 19°i street as emergency roadways. 2) Fire Department access into and through the booth and game areas are to he maintained at all times. Fire apparatus access roads shall have an unobstnictcd width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway arc to move immediately to the right upon approach of emergency vehicle(s). 6) Provide 2A:I013C fire extinguisher inside tents and canopy areas. Extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. The tire extinguisher shall have a current California State Fire Marshal tag affixed to the bottle. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. No cooking inside Tents or Canopies unless these items are approved and have a current State Fire Marshal Stamp permanently affixed to the Tent or Canopy. 7) First Aid will he provided by organization. 8) Internal combustion power sources (generator) that may be used for this event shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted prior to the start of the event. 9) Internal combustion power sources (generator) shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride. 10) Any electrical power used is to he properly grounded and approved. Extension cords shall he used as "Temporary Wiring" only. 11) A fire safety inspection is to he conducted by the Fire Department prior to operations of the event to include all food and game areas. 12) REQUIRED: Required inspections taking place, alter hours, holidays, and weekends will he assessed a minimum of one hundred (Si00.00) dollars. This lee must be paid to the National City Fire Department prior to event. 13) If tents or canopies are used, 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 Statc Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopiies. 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. FINANCE 336-4330 A Business License is required EF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not-for-protit, 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. BUILDING & SAFETY 1. Applicant shall not erect any permanent structures. Any structures erected are subject to formal inspection and permitting as required by the Ca Building Code. 2. The event is subject to code enforcement for application consistency and adherence to all permit stipulations. AllVO `l1IO 1VNOI1VN L' �I •�....tT, F^-:ts •r ,.4+n� - • �r��11 ,�Jy3? •r�,ev�'f+�. " i }7 �. _}�i .�'2 !�j`r`T ;f5 �-+.� P ���F $ •Vtr �f ���'I 2 i ,vr•7"�t.a`.� fj••-" -s 4 _ rw } 1 Z _ rn • IY,-1 i u ,r•:{r-,,.I.• a. �.�{ i • w �rsi. �n .� .+ ± • h .a .t F'�""` �. r r ��}} -a rr , 4a -::• z e r i s-:Et iMt'.Yj.1a.TK.•••• l • R ..-a'.•.l.— 1•!'.1•a+M.••::":••i•••M'/—•'nY "r.:,54.4].•v«.r•T ....a-_t •••_rl.{. --'r1,/- -.::i Type of Event Public Concert Parade _ Motion Picture Fair Demonstration Grand Opening Festival Circus Other _ Community Event _ Block Party Event Title: ! a I A1 / /I UN y C% / Pri-,✓J I l 1/& 1 ' r 0/41. a v P, /11A4TL, CLT/i Event Date(s): From; 7/at to 6 ' G Total Anticipated Attendance: � 0 </ /// Month/Day ear (? c' Participants) 09- 1- (9 e) Spectators) Actual Event Hours: a.m to ' arr rr Sc.( N.d 147 c, Setup/assembly/construction Date: 7/6> 8- Start time: S 6m c � m 7-1C7r /� r . z C...- GC. Al a mD < CD m COCD rn uo A List any street(s) requiring closure as a result of this event. Include street name(s), day and time o closing apd day and time of reopening. ri,. ccve /2)ifrv€eM HP r p/1 /l %Lec19M e 4f2pi Event Location: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: 0 GG j 5 / !9 A4 t7 5, &- f /+14e A/ FG/.{ /e / e 5 / AC-c,nn 5 I ' f l9!H Sponsoring Organization: - %, f7 N / WC% 1/ 4 f Pit N et For P fit Wit -for -Profit Chef Officer of Organization (Name) Applicant (Name) 5 / 1 ft N f H O AV l C3i F. A ciLi ct e / & Ho rdik / 9-ve1 /\/ - T L, e,T en- 9/9 . Daytime Phone: (/4 /f)Y7 7- Vs.& Evening Phone: 12el, /7%- ZO4G : (t /f) _L77- e 77 P Address: Completion Time: r Contact Person "on site" day of C:e event: �e P=tt V�--- a /ye r o N NOY:: HIS PERSON MUST 3E IN ATTENDANCE FOR THE DURATION OF HE EVENT AND IMMED1ATEL AVAILABLE TO CITY OFFICIALS is your organization a "Tax Exempt, nonprofit" organization? ES _ NO Are admission, entry, vendor or participant fees required? YES L' NO If YES, please explain the purpose and provide amount(s): _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. 14- -e51 lzA I-ev'/awl-gin. r 1Cc,k n� e r s M s i c 5 r--w79 % Per%5 /.- z J &cO, Fh, °G ; s CO,M Gpi � / C) Find Por/lhie A-e5l I2c-,.1-s WI / / re Prr'v,J ( $ e r � I T�c•A Gv-er A/ VA (S/19-T i c.--eS ; e C'P y 5 ;Fc the given: iavoties the sale of cars, 'mil the cars coi•;e ek c!usiv&v Tram 'V3t,onal C:!y Car dealers? .: NO, list any additional dealers involved in the sale: d --- YES 1, NC) Does the event involve the sale or use of alcoholic beverages? YES NO YES NO YES NO YES NO Will items or services be sold at the event? If yes, please describe: Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed sitemap showing all streets impacted by the event. D 1 $1Ca 1 c yet j� / e-k Does the event involve the use of tents or canopies'? If YES: Number of tent/canopies Z 5 Sizes IC) X' / 0) NOTE: A separate Fire Department permit is required for tents or canopies. YES . - NO Will the event involve the use nof theQ.ity sta or PA s stem? 1' ri2 / c e C- lU i �t�r S (i , ge Evr� Sa4!-eYDHV In addition to the ro a require abc e, �le se attach a diagram showing he and set-up locations for the following items: PleH- s verb/ Gr- UM , /')te'rN/K5 overall layout /j et H f • Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. M G 1a e S- Food Concession and/or Food Preparation areas n p Please describe how food will be served at the event: lam) 1 I r s U Al s W'e OA'�'/� r71r/Ve5/ Hlot /rz NeT5, /-l-ec,/ lW ecro�s If you end to cpok food in the event area please specify the method: GAS t/ ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: 'j (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades ▪ Generator locations and/or source of electricity • Canopies or tent locations (include tent/canopy dimensions) • Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles andior trailers Other related event components not covered above Trish containers and dumpsters (Note: You crust properly dispose of waste and garbage throughout the terry of your event and immediately upon conclusion of the event the area must he returned to a clean condition.) a!� Number of trash cans' $+T Trash containers with lids. / S 12g. Vat-4 your elan for clean-up and rernov�ai of waste and garbage during and after the event: V G t-4 N.1 / -e r 5 v .h , hi P % if, L. l9- rep .e b i N 5 /LQ,ta Tln F,^0Lc r-L w sire (c Please describe your procedures for both Crowd Control and Internal Security: S cii r~^► I r w► 1 1 13e ProV,cJ,/ 13Y /LMt9-AT GF CGS(4mhris CW1%i-/ f}ssl sJan,fee c-F R-e ��«( Pal tce�CI FFrcer, Fre-N ell-eA -e//c) _ YES 1.4 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 UGO 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 pr viding First Aid Sty ing and E guipent. A- � r r s i �} D e /G �7^ o e r+ l ,rd f9-7- rnM �►v I «y, $oc-i M Cl// PkdNe i c CIgL( 4,t/ Please describe your Accessibility Plan for access at your event by individuals with disabilities: H oieietp P a %G/K)._ %Viet Lctb%e .,—Nc%1.tdion), wA% Please provide a detailed description of your PARKING plan: P ufu.' Cyyhc4 Please describe your plan for DISABLED PARKING: mr�rl6 parkin/ y,.�•~-;'t ,I�i'a l�r �:r. •1" r. 'rill:' 7 r:7 7..,..,., r - :74 Z ) -�' '.t .�,.a r. .�TJ+•2. ♦+.w ••}T z L• I.l. r. _, i.... ,� •i „L �-J. 'r- ^�� 4�1+' i c�a Ctrs. IW 4 r.. a i ti.v v'r F - i.•sv F•nt {a'. ,'.r ,, Ire• x Y -r n e+a F1T� ;�trr 1Y•_T �i. _ �v.wtt�� y..4ic?f.e ��f �, r•rc.Mr..�..� ;'!+l i_R� .4�, •r ,.'(_^_I �S .. ?• ^ �r .. �•tVn-y.. •v •i. Z. �.Y{'v.-.i��.. -�•l:a a ..'7 t:i" Please describe your plans to notify ail residents, businesses and churches impacted by the / ei1 i/t Ale/ f Fy 1 N P rSari1 K�Slc(?kf%g 1 ►L /c I' J�#oS Ev&-Nr2 w-Pt0r5 lQn Tc 1/It NT� N E: elghborhood residents must be n tified 72 hours in advance when events are scheduled in the City parks. VYES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of mus.c. F C,iy /3/dow Number of Stages: _- 1 Number of Bands: 2 u$ 1 v u. e S j • Type ofMusic:/l rtriaci1/ Fc-lgtc,ricct abetvz' !AYES NO Will sound amplification be used? If YES, please indicate: Start time: /0 am�ii�finish Time / i JG a prt S u N YES NO Will sound checks be conducted prior to the event? If YES, please indicate: 9 N Start time: am m Finish Time . am Please describe the sound equipment that will be used for your event: r T i I �} E C•,!it r l 1 ✓1-e M YES 0 Fireworks, rockets, or other pyrotechnics? If YES, please describe: NO Any signs, banners, decorations, special lighting? if YES, please describe ecc M w.e r S N e /il tit Y c/f Pre fa.Pr• J), I v_ &NNOc-ttr Revised 1 G/3IO, Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Katf.leeri Trees. !Director Building a Safety Departrric-nt 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 litigatio . nd other liability, including attorneys fees and the costs of I i.atio► . sing o -t o'or related to the use of public property or the activity taken bride - Permit .y ttje permittee or its agents, employees or contractors. Signature Official Title Date For Office Use Only Certificate of Insurance .approved Date REcIU.ESTF OR A.'" WAIVERPOP:FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP. is sought sponsored by a non-profit organization? • Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of a sponsoring or aiSization �p-) M T . - N I HoN N o F 1�D ct C/�tc'rcI. / Type of Organization CH a rC fl' (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. v :lo :Please Drocsed :o 1uestion �) 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 Glub? 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 Date $Ths€r L1 41, (,.) Z4'-6 r 7 31Y,d ..� NFo 13007J1s -5,-79417 1S l T/4 57 C tot r��� City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 3, 2008 AGENDA ITEM NO. 22 rITEM TITLE TEMPORARY USE PERMIT — Movies in the Park on June 13, 2008 at dusk in Las Palmas Park. The event is expected to last approx. 2.5 hours. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This is a request from the Community Services to conduct the Movies in the Park event at Las Palmas Park on the evening of June 13, 2008. Set-up for the movie will begin at 5 p.m. and the movie will start promptly at dusk. This event is designed as a family night for the residents of National City. 500 people are expected to attend the movie viewing. Refreshments will be provided by the Community Services Department and clean-up will be performed by volunteers. Environmental Review X N/A Financial Statement This is an event sponsored by the Community Services Department "I he fee for the electrician to set-up the event is $66.64. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A I ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVAIS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Community Services Department EVENT: Movies in the Park DATE OF EVENT: June 13, 2008 'TIME OF EVENT: Dusk, approx 2'/: hours APPROVALS: PLANNING YES [ x J NO ( ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE ('ONDITIONS [ x ] PUBLIC WORKS/PARKS YES [ x J NO [ J SEE CONDITIONS [ x FINANCE YES ( x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICE YES [ x ] NO [ J SEE CONDITIONS [ J POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY AITORNEY YES [ x J NO [ J SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] BUILDING & SAFETY YES [ x ] NO [ J SEE CONDITIONS [ x J CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed City -sponsored use and note that the event will be held entirely on City property at Las Palmas Park. The logistics of the event appear reasonable and do not pose any unusual liability exposure. 1 have no objections to the event as planned. PUBLIC WORKS/PARKS Facilities Division Cost of labor for the electrician is as follows: • 2 hrs (overtime) (a), $33.32 = $66.64 Unless waived by the City Council, the applicant shall pay $66.64 for staff costs associated with this permit request. Said costs should be applied to Facilities Account 4105-442-000-102-0000. FIRM. Stipulations required by the Fire Department for this event are as follows: I) Access to A and D Avenues to be maintaincxl at all times. 2) Fire Department access into and through the movie areas arc to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire IIydrants and fire department connections, shall not be blocked or obstructed at any time. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway arc to move immediately to the right upon approach of emergency vehicle(s). 6) Provide one 2A:10BC fire extinguisher at inflatable screen, Extinguisher to he mounted in a visible location between 3'W to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Internal combustion power sources (generators) that may be used for inflatable screen shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall he conducted only when the inflatable screen is not in use. 8) Internal combustion power sources (generator) shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the screen. 9) Any electrical power used is to he properly grounded and approved. Extension cords shall be used as "temporary Wiring" only. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. .BUILDING & SAFETY (619) 33('-4210 1) The event is in a public park which requires proper notification to surrounding residents. Scc attached addresses. 2) Any structures erected are subject to safety and compliance inspections_ POLICE In the "Crowd Control and Internal Security" portion, it says that Police Services are requested and these persoimel are to be "Explorer Cadets." Again, our Explorers are teenagers who cannot be without supervision (police officers) and they are not to be taking any type of entbrcement action. Remember, volunteers can supplement full-time, paid police officers and are not meant to supplant or replace their presence. To do so would compromise the safety of our volunteers. This would also give those in attendance a false sense of security. Not all Reserve Officers can work by themselves, and to routinely use Reserve Officers in the place of full-time paid police officers would create a labor issue. There are no "professional security" working this event and there are no 1s' aid stations present. Although a family event, this event will he taking place on a summer Friday night, which is generally a busy time for the police department. Should other than life -threatening calls for service arise, the police response will certainly be delayed. With that, I will recommend that two police officers he assigned to work this event. The date / hours for this event are: Friday June 13th, 2008 from 1700-2030 hours. Both officers will need 'A hour befbre and '/2 hour after the event for donning and doffing purposes, gathering of necessary equipment, and travel to the site (4.5 hours x 2 — 9 hours). This event is not on the current list of city sponsored or city co -sponsored events (City Council Policy 804). I recommend that billing for this event he pursuant to the current fee schedule rate. ❑ Fair/Festival ❑ Outdoor Market City of National City ■ Building & Safety Department 1243 National City Boulevard National City, CA 91950 (619) 336-4210 TEL ■ (619) 336-4217 www.ci.national-city.ca.us Cl Parade/March ❑ Walk or Run ❑ Concert/Performance ❑ Sporting Event Event Name & Location EtOther (specify) _Q0-fd.4902._ Event Title t (O J( L. S ItJ kk(C- ( Event Location (list all sites being requested) Lo e A Event Times Set -Up Sprts Date c n t, t 3 Time qi Event S its Date _ Jt)41/4<_ AQ Event End Date 0 4%4 13 Time SK Time d• Si h' S Breakdo rr Ends �� Date � .�- ) 3 Time I -- A• • licant Information Day of Week Day of Week Day of Week Day of Week �J • i/ Applicant (Your name) JQ1 LO( 2— Sponsoring Organization C 5 J Event Coordinator (if different from applicant) Mailing Address t`ib C-- Day Phone 15 lU v After Hours Phone 963 - $ P" 4lCell _ Fax ya' 2- Public Information Phone 33 ' �� �f CI E-mail Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. The undersigned also understands and accepts the City's refund policy for facility use and that fees and charges are adjusted annually and are subject to change. Signature of Applicant: Date 1/a/ Ot Special Event Application (continued) Please cgmglete the foli©wing secti¢ns.with as iiau h:; p/ail as possble since fees; an to based• bn the it f€ rnatign yeti prodlde us. Descri •tion of Event (include site map with application) (- First time event ❑ Returning Event Note that this description may be published in our City Public Special Events Calendar: Go"; )4 /✓lta✓i G rtc k �� ` "Q iZ�. Estimated Attendance Anticipated # of Participants: Anticipated # of Spectators J �" Traffic Control, Security, First Aid and Accessibilit Requesting to close street(s) to vehicular traffic? N 0 ❑ List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: ❑ Other (explain) Requesting to post "no parking" notices? Yes ❑ No$ U Requested "No Parking" on city streets and/or parking lots (list streets/parking Tots) (provide map): n Other (explain) ❑ No notices to be posted Security and Crowd Control Requesting Police Services? Yes 1,9" No ❑ Number requested? If yes, please indicate the type of police services requested: Senior Patrol (_1 Reserve Officers Explorer Cadets 4 Other 2 Special Event Application (continued) Please describe your procedures for both Crowd Control and Internal Security: Have you hired Professional Security to handle security arrangements for this event? Yes ❑ No l!K If YES, name and address of Security Organization Security Director (Name): If uSill lfie sa.rvd,of a.ptot ss oriat 5erurt provide a 064 _ o`t i t"i si,r if{E dollars oer a a i t�tufi 406s naming 1140,41T r :4'. 7 ,its o eF ansuran • .44. ' + i by the very approval:Pifer tfie'evetit. Phone: 1rm ANU) the event wits occur On City property, R 0 noinq iaabiIity 'PP v r qe with trmits Of,af 1ea�.t$1 Miff an as a ff-as gn #c tbonaI riisured cndorsi m f Jt 'es, eind+agent ,is arkIitlonat tst}red� " Evrdteiice: of ;x r fts itisurer�to tlae lily s't2 k I9thnager for review; and Is this a night event? Yes Cit No ❑ If YES, please state how the eveqt and surrounding area will be illuminated to ensure safety of the participants and spectators: €GX ' 541 ea(%C palK.:nS (b\- a2.e Please indicate what arrangement you have made for providing First Aid Staffing and Equipment: VN First Ald ❑ First aid station to be staffed by event staff? First aid/CPR certified? 0 Yes ❑ No rJ First aid station to be staffed by professional company. ► Company gNo first aid station at event Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: k-SCS�r`_ aCte • o\e - Z JVo e) Elements of your Event Setting up a stage? 11 Requesting City Stage; if yes, which size? 0 Dimensions (13x28) ❑ Dimensions (20x28) ❑ Applicant providing own stage ► (Dimensions) IA_ No stage at event 3 Special Event Application (continued) Setting up tables and chairs? Li Furnished by City # of tables No tables being set up # of chairs PJ- No chairs being set up ❑ Furnished by Applicant or Contractor __. # of tables [ « No tables being set up # of chairs { No chairs being set up Contractor Name Contractor Contact Information Address City/State Phone Number Setting up other equipment? ❑ Sporting Equipment (explain) Other (explain) `vad--att.e SCQ ZO,r\ ❑ Not setting up any equipment listed above at event Having amplified sound andlor music? &PA System for announcements ❑ CD player or DJ music 0 Live Music ► j ] Small 4-5 piece live band ► ❑ Large 6+ piece live band • Other (explain) O No amplified sound/music at event If using live music or a DJ. ► Contractor Name Address City/State Phone Number Using lighting equipment at your event? [-] Bringing in own lighting equipment ❑ Using professional lighting company ► Company Name Address No lighting equipment at event City/State Phone Number 4 Special Event Application (continued) Using electrical power? ti-Llsing on -site electricity D Bringing in generator(s) For sound and/or lighting ❑ For sound and/or lighting Having, selling and/or information vendors at your event? Li For food and/or refrigeration ❑ For food and/or refrigeration PLEASE NOTE You:may tse:required to.apply for a'tempdrary health ermit rf food or beverage: ar rsld of teen aw dLrrrn your e- -0' evert Also sae f ermits and 4tnpllanrcte' o - 7�f8 i 'the Special • Event G i de, For ad€#rtionat into natrorit on obta►n ng a ett)p ra r (de l>(1 p•rmit; please contact the County of San Diego £h ronmeiita) I ealth at ( 19) &3• 8 23G3. Having food and non-alcoholic beverages at your event? ❑ Vendors preparing food on -site ► it I. Business License # If yes, please describe how food will be served and/or prepared: ❑ Vendors bringing pre -packaged food ► # I. Business License # andoos bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) I. # 'endors selling food # ❑ Vendors selling merchandise # ► Business License #(s) O. Business License #(s) 441, Food/beverages to be handled by organization; no outside vendors [1 No food at event ❑ Vendors selling services # _ _ ► Business License #(s) I. Explain services 9 Vendors passing out information only (no business license needed) # ► Explain type(s) of information ❑ No selling or informational vendors at event 5 Special Event Application (continued) Having children activities? P1,L ME NOTE. Jn the event rriflatable;jurnps are provided at the event, Tt* City of National City re itl•t 'S eo •mmeret3f t thh1yrnsr e'w ti Iimtts of tleast $4 Miltiptr dbilars perot' ptfencei�2`Milfion 40:11a4 aggregate In add,tibn the Ditty Of .Notional City must be named, as en Additional Insured pursuantto 'sepa(ate`end'ors ertt, which snail -be provided by'the vendor or rts,iisurer ttOit#te City'',s R tUlAnagee, aiohg with the Cerificate of Insurance, for approval prior to the event The application , td kio filed out at least on week prior tp the event Tbere is a $25 fee: tp process the permit aIbp n i~ r questions or to•obtain a copy of the "Facility Use•Application", please eontact:the Conirriunity'Se vices Department.et (619) 336-3290. Q Inflatable bouncer house # ❑ Rock climbing wall Height • Inflatable bouncer slide # ❑ Arts & crafts (i.e , craft making, face painting, etc.) ❑ Other ❑ No children activities at event Having fireworks or aerial display? ❑ Vendor name and license # Dimensions Duration Number of shells Max. size PLE ,$: NOTE: In ttte eventirreworks or another aenal display is planned for your event, The City of Na1ibfi ily requir .- nyner$iet #!,ability insdranCe with limits of at least-$2 Milttoit Offal's' "Per 'peObe,renciet $4 Million dollars aggregate. In addition, the City of National City must be named es an Addttiorrai Insured pursuant to a<Separate endorsement, which shall be provided by the vendor or its lhsurer t4 the .City $. tsk Malla•9er, along With the Certificate of Insurance, for approval prier to the event: #depending on th size and/or nature of the fireworks display, the City reserves the right "td requesttiigher liability Limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the'cost is $349:00. Arranging for media coverage? Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe ❑ No, not arranging for media coverage 6 Special Event Application (continued) EMEELTErii F?LI NOTE Far Oit y spof,r:e0 $r co spttn5QTTd events bapnrs putahcraing tkte event A,y Pe. pieced: of Y t exis?iing pies •qt} t}ie fQOQ tMook and 3100 biock of Nafiq»aICity i3dule33t( #hey banhts must be mad? to the C t 1 s s e if[r tibtts Please refer to the City's S)3eei3l Event'Gui tetibbk ee Schedule frtradditional" rnformafign ❑ Yes, we will post signage # Dimensions ❑ Yes, having inflatable signage # I. (complete Inflatable Signage Request form) El Yes, we will have banners # 11 What will signs/banners say? • How will signs/banners be anchored or mounted? lo .No signage at eventkip_No inflatable signage Waste Mana s ement PLEASE NOTE: Otte_:toilet for-evety425Q people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event. ❑ Are you planning to provide portable restrooms at the event? If yes, please identify the following: ► Total number of portable toilets: ► Total number of ADA accessible portable toilets: • Contracting with portable toilet vendor. ► Company Phone ► Load -in Day & Time I. Load -out Day & Time ❑ Portable toilets to be serviced. ► Time Set-up, Breakdown, Clean-up Setting up the day before the event? D Yes, will set up the day before the event. ► # of set-up day(s) tkNo, set-up will occur on the event day Requesting vehicle access onto the turf? [tit- requesting access onto turf for set-up and breakdown (Contact Public Works at 619/336-4580) ❑ No, vehicles will load/unload from nearby street or parking lot. 7 Special Event Application (continued) Breaking down set-up the day after the event? Ejj Yes, breakdown will be the day after the event. ► # of breakdown day(s) o, breakdown will occur on the event day. How are you handling clean-up? Ej Using City crews <,lsing volunteer clean-up crew during and after event. [j Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 8 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date Non-profit organizations 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 SEP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the SEP Application) 2. Please state the name and type of organization sponsoring the event for which the SEP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the SEP 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) 10 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 (Please sign the form and submit it with the SEP Application) Signature: Date: 11 cLtj nepar.vu.ewt R.ou11-vi,g For Orrice vse ovi,[ Event: Department: Date Approved? _ _ Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes Vote: Tony Garcia, Acting Director Building & Safety Department 12 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT nIEETING DATE June 3, 2008 AGENDA ITEM NO. 23 ITEM TITLE Warrant Register for the period of 05/02/08 through 05/15/08 in the amount of $377,905.61 PREPARED BY Rizza Dela Cuadra DEPARTMENT Finance Accountant Jeanette Ladrido EXPLANATION (619) 336-4331 The Finance Department has implemented a policy to provide explanation of all warrants above $50,000.00. Vendor Check# Amount Explanation MA Stevens Construction, Inc 18024 $177.981.48 Library Remodel CDC Payroll various $76,483.54 Payroll for PPE 05/05/08 See attached report. Environmental Review ✓ N/A Financial Statement Approved bv: anette Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION Ratification of warrants in the amount of $377,905.61 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. i., Ratification of Expenditures for the period 05/02/08 THROUGH 05/15/08 A-200 (9/80) Payee .REDEVELOPMENT FUND .. ALERE1 YBARRA BEST HEST & KRIEGER BUXTON COMPANY CIIRISTENSEN SCHWERi1IEFGER CHRIsTMAS IN JULY t TFY OF NATIONAL CITY CORPORATE EXPRESS INC I'AUL DESROC1IERS DPRA INC ECoNoMIC & PLANNING SYSTEM ESSENTIA MANAGENIEN1 SERVICES FEDEX GRAHAM IRMA-NES ARCHITECTURE FRISK PAR I NERS INERASTRL Lit RF ENGINEERING JORGE & MAIBEL muRE.No JOSE & MARIA I I15 \ vAIDIVIA KLEINE-F.1 DER, INC. I AW OFFICE OE DON DF IISCH MA STEVE\S (70NS-FRUC noN. IN( MAZZAREL LA CALDAR F1.1 i NATIONAL (()N' 1 RI. CTION RENTALS F.NRIQI IE.') A 0010:‘ OPPFR & V.ARCO I.L11 POWER PLUS RUDEN & Al. FAG RA( -IA ARFELANO SAN DIEGO GAS ECTRIC SCS ENGINEERS ST ('LAIR (1A1 L E Ry niE FILIPINO PRESS VERONICA I ANI & ASSOCIATES ALEREDD Yll ARRA STATE COMPENSATION INSURANCE (12.)NLMUNITY YOUTI1 WELLS FARGO FOR MEETING OF JUNE 1, 2008 WARRANT REGISTER FOR PERIOD: 05/02 - 15/08 Description Chk No Amount 1101.;SING CONtit 111 AN"F 04/16-4/30/08 18005 3,000.00 PROFESSIONAL SERVICES - CYAC RETAIL N1ATCI1 LIST PROFESSIONAL SERVICES - 1820 G AVE - 03/08 GOLE SPoNsoRSIIIP FUND RAISER REIMBURSEMENT OF TRAVEL EXPENSES OFFICE SUPPLIES REDEV/FINANCE RETIREME.NT BENEFL - MAY 2008 PROFESSIONAL SERVICES - EPA GRANT 1,1“ /FESSIONAL SERVICES - NC HARBOR DIST INDUSTRIAL PARK PROFESSIONAL SERVICES WESTSIDE NEIGHBORHOOD GRANT COURIER SERATCES 1.1RAN-11 APPLICATION PROFESSIONAL SERVICES - 8TII STREET IMPROVEMENIS CONs111 TINGSERVICES - 05/2008 LIBRARY REMODEL REHAB PAY OFF OVERPAYMENT REFUND REHAB PA Y-OFF OVERPAYMENT REFIEND I IBRARY REMODEL PROFESSIONAL SERVICES CDC V mATeilINSKI LIBRARY REMODEI. PROFESSIONAI SERVICES - ARE HOLDINGS F.O11IPMENT RENTAL - 922 W 23RD S I-REFI- RE:11AB PAY-OFF OVERPA YMEN I- REFUND PROFESSIONAL SERVI('ES - PACIFIC STEEL PROFESSIONAL SERVICES - AQUATIC CENTER REHAB PAY-OFF OVERPAYMENT REE11N1) PROFESSIONAL SERVICES - 2300 Ci .Ev ELAND 3/31-4/29,08 PROFESSIONAL SERVICES ACE: METALS Sr FE CITY HALL FRAMING AVAILABILITY OF GRANT APPLICATION; -I ECHNICAL ASSISTANCE - IDIS NEE LP 110USING CONSULTANT 05/01 - 15,08 WORKERS' COMP INS MAY 2008 REIM13IIRSEMEN-1- FOR APRIL 2008 BUSINEss RELATED EXPENSES FOR 04mi SUBTOTAL - REDEVELOPMENT ADMINISTRATIVE REVOLNING vuiso . PA YROI L PPE 05,05,08 sUBToTAI. - ADMINISTRAT1% E REVOLVING 11 ;ND SECTION 8 HOUSING ASSIST AN( 1- PA YMENTS CORPORA 22 2- x PRESS INC NAN WRAY AND ASSOCIATES, INc XEROX coRPORATION Si ATE COMPENSATION INSI RANCE MANUAL PAYMENTS S8 OFFICE SUPPLIES S8 REVISION SERviCE1 EQUIPMENT RE NTA1. WORKERS' COMP INS - MAY 2008 SI JBTOT.AL - SECTION 8 18006 10.977.45 18007 12,500.00 18008 5,206.25 18009 225.00 18010 99.00 18011 224.24 18012 110.00 1801; 184.46 18014 (9,878.57 18015 8,880.14 18016 60.41 1£1017 3,700.00 18018 7,500.00 18019 4,566.00 18020 173.05 18021 136.60 18022 1,526.00 18023 2,699 85 18024 177,981.48 18025 108.93 18026 34.56 18027 361.00 18028 744.50 18029 195.00 18030 168.83 18031 307.93 180E2 385.00 18033 2,122.67 18034 300.00 18035 1,925.00 8036 3,000.00 18037 2,859.26 18038 4,166.67 18039 890.17 S 277,198.02 S 76,483.54 S 76,483.54 22,583.07 10458 110 25 10459 224 00 10460 439 19 10461 667.54 24,224.05 TO I AL OF Al.l. FUNDS: S 377 905 61 ' City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 3, 2008 AGENDA ITEM NO. 24 ITEM TITLE Approve a Subordination Agreement with Pacific View Estates, LLC 1'or a 49-unit single family project located at Fig Court and Fast Division Street in National City, CA, and authorize the Chairman to execute said Agreement as required by the State of California, Department of Real Estate PREPARED BY DEPARTMENT Alfredo Ybarra (Ext. 4279)(. dousing and Grants Division EXPLANATION In November 2005, Pacific View Estates, LLC and the Community Development Commission of National City (CDC) entered into Disposition and Development Agreement (DDA) for the development of 49 single family homes at 1125, 1251, and 1311 East Division Street. The transaction included the sale of the CDC -owned parcel located at 1125 East Division Street to the developer in exchange for the development of 5 affordable units for low income households (80% AMI), and a note in the amount of $810,000 in favor of the CDC. The note, which is secured by a deed of trust, shall convert to first time home loans upon completion of the affordable units. The first time home buyer loans shall be made available to the buyers of the affordable units. Pursuant to the State of California, Department of Real Estate, lenders must subordinate to Covenants, Conditions, and Restrictions (CCR's) for projects of five (5) or more units. If approved, the CDC promissory note and deed of trust shall he subordinated to the CCR's on each of the 5 affordable single family lots. Tonight's action is to consider the subordination of the CDC note and deed of trust to the CCR's imposed on the project's single family lots. Environmental Review NIA Financial Statement There is no fiscal impact associated with this request. Approved By: Account No. finance Director STAFF RECOMMENDATION Approve a Subordination Agreement with Pacific View Estates, LLC for a 49-unit single family project located at 1125, 1251, and 131 1 East Division Street in National City, CA, and authorize the Chairman to execute said Agreement. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. I. Resolution 2. Subordination Agreement A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT WITH PACIFIC VIEW ESTATES, LLC, AS REQUIRED BY THE CALIFORNIA DEPARTMENT OF REAL ESTATE, FOR A 49 UNIT SINGLE-FAMILY PROJECT LOCATED AT 1125, 1251, AND 1311 EAST DIVISION STREET WHEREAS, in November 2005, Pacific View Estates, LLC, and the Community Development Commission of the City of National City (CDC) entered into a Disposition and Development Agreement (DDA) for the development of 49 single-family units at 1125, 1251, and 1311 East Division Street.; and WHEREAS, the transaction included the sale of the CDC -owned parcel located at 1125 East Division Street 10 Pacific View Estates in exchange for the development of five affordable housing units for low income households, and a note in the amount of $810,000 in favor of the CDC; and WHEREAS, the note, which is secured by a deed of trust, shall convert to first time home loans upon completion of the affordable housing units; and WHEREAS, pursuant to the State of California Department of Real Estate, the CDC Note and Deed of Trust must be subordinated to any Covenants, Conditions, and Restrictions (CC & Rs) on each of the five affordable single-family lots. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Subordination Agreement with Pacific View Estates, LLC, for a 49-unit single-family project located at 1125, 1251, and 1311 East Division Street. Said Subordination Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of June, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel SUBORDINATION The undersigned, as Beneficiary of the beneficial interest in and under that certain Deed of Trust dated November 29, 2005 and recorded on December 29, 2005 as Document No. 2005-1117857 in the Official Records (the "Deed of Trust"), which Deed of Trust is by and between Pacific View Estates, LLC, a California limited liability company, as Trustor, Chicago Title Company, as Trustee and The Community Development Commission of the City of National City, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereunder to the foregoing Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for PACIFIC VIEW ESTATES ("Declaration"). By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the Property by foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions of the Declaration and any amendments thereto, which shall remain in full force and effect. Dated: April 4, 2008. By: Its: 4/4/08 The Community Development Commission of the City of National City 82 STATE OF CALIFORNIA ) ) ss. COUNTY OF On , before me, personally appeared 4/4/oa who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: 83 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE June 3, 2008 AGENDA ITEM NO, 25 ITEM TITLE Resolution of the Community Development Commission of the City of National City pertaining to Funds for the Renewal of a 48-month Rental Agreement with Pitney Bowes, Inc. for a Mail Processing System PREPARED BY Jeanette Ladrido, CPA DEPARTMENT: Finance Finance Director X4331 EXPLANATION On July 9, 2007, the CDC entered into a 48 month rental agreement with Pitney Bowes, Inc. for a mail processing system (postage meter). This postage meter was used primarily by the Section 8 Division for mailing the monthly Housing Assistance Payments to landlords. With the merge with the City of National City, the mailing procedures have been updated so that the CDC may utilize the City's mail courier service. Staff has been working with Pitney Bowes to cancel the rental agreement that was effective July 2007. In order to cancel the agreement, the City must document that the funding was requested and to provide documentation on the action denying the appropriation. Environmental Review N/A � Financial Statement Approved by\• JeMiette Ladrido, Finance Director Funding for the postage meter is not available through Section 8 funding. STAFF RECOMMENDATION 1. Approve funding for the rental agreement totaling $4,200 for FY 08/09 OR 2. Deny the requested funding and direct CDC staff to continue utilizing the City's mail courier service. BOARD / COMMISSION RECOMMENDATION N/A 4 ATTACHMENTS Resolution No. 1. Correspondence with Pitney Bowes regarding the rental agreement and cancellation procedures. 2. Rental agreement dated 7/9/07. A-200 (9/80) RESOLUTION NO. 2008 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY REQUESTING FUNDS FOR THE RENEWAL OF A 48-MONTH RENTAL AGREEMENT WITH PITNEY BOWES, INC. FOR A MAIL PROCESSING SYSTEM WHEREAS, on July 9, 2007, the Community Development Commission of the City of National City ("CDC") executed a 48-month Rental Agreement with Pitney Bowes, Inc. for a mail processing system to conduct daily functions of the office primarily by the Section 8 Division for mailing the monthly Housing Assistance Payments to landlords. Said Rental Agreement expires July 2011; and WHEREAS, since the merge of operations with the City of National City, the mailing procedures have been updated so that the CDC may utilize the City's mail courier service; and WHEREAS, the Pitney Bowes rental mail processing system equipment currently located in the Finance Department will not be replaced by any comparable equipment for the next annual appropriations period; and WHEREAS, CDC staff is requesting funding for this equipment rental for the 08/09 Fiscal Year. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the appropriation of funds for the Pitney Bowes Rental Agreement for Fiscal Year 08/09. PASSED and ADOPTED this 3rd day of June, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Pitney Bowes Engineering the flow of communication - January 18, 2008 Jeanette Ladrido Community Development Commission 1243 National City Blvd National City, CA 91950-4301 Re: Equipment Rented by and between Pitney Bowes Inc Rental No.1286559-405 Dear Ms. Ladrido: We have received Community Development Commission request to cancel the rental due to its failure to appropriate funds for the rental for the coming fiscal period. The rental is non -cancelable; however, it may he terminated under the non -appropriations clause if: 1. Community Development Commission made a good faith appropriation request for funding of the Rental to its legislative body 2. Community Development Commission legislative body voted to deny the appropriation; and 3. The Rental Equipment is not replaced by comparable equipment for the next annual appropriations period. 4. Payment of $3,132.00 paying through the end of the current fiscal period of 06/30/08. Accordingly, to process your request, PBI requires: 1. A certified copy of the record of the appropriations request made to the legislative body; 2. A certified copy of the legislative action denying the appropriation request; and 3. A notarized affidavit from the executive responsible for the department where the Rental Equipment is located stating that the Rental Equipment will not be replaced by similar equipment for the next annual appropriations period. IJpon receipt of these items, PBI will cancel the Rental. We regret not being able to serve your needs further, but hope that you will think of Pitney Bowes in the future for your mailing, office and financial services needs. If you would like to discuss this matter, please feel free to contact me at your convenience at 757-963-5434. Sincerely, Heather Reinagel State & Local Government Representative OUG 10 200? 11:59 FR PITNFY BOWS SD 8585509927 TO 12036176723 P.01/02 �t3illing CuntaU Name rKe rrxace 124t a.-i-oru . Installation Addrus, (If different than billing address) pora Cs (ar 1I0rrr,V1aL Arrctin installation Contaa amp Pitney Bowes g/nttoring the flow of communication - Your Business Information Rental Account Number 60 1 1 1 1 1 1 1 1 1 COMMUNITY DEVELOPMENT COMMISSION Full t.egal Name of Lessee )).140.E-13 12.4 t t CX-a,) Blvd Billing Address City Jean►- { Lac} v do, c.ahaerlC.C__Pl+ret'_'G Dr - Fulling Contact Piton # NATIONAL CITY CAN # DBA Name of Lessee NATIONAL CITY ORDER # Tax ID # (FEIN/TIN) L ) CA 919504e43- City state Zip+4 Billing CAN # CA 11-3en 0050-sere• State Zip+4 20115780205 Installation Contact Phone # Installation CAN # Credit Card # Nano on Card Exp Date Type of Card Tax Exempt # Your Business Needs State Tax (if applicable) Itlr111,. 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PBGFS Acceptance tqurynanl Voodoo. rioe-y Bare* roc. Fur Sat=and S000s:•%of/ r.etx.•J2-tote City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 3, 2008 26 AGENDA ITEM NO. ITEM TITLE A RESOLUTION OF THE COMMUNITY DEVELOPMENT' COMMISSION OF THE CITY OF NATIONAL CITY (CI)C) APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH CRS OUTDOOR REGARDING THE CIT'Y'S COMPREHENSIVE SIGNAGE PROGRAM AND AUTHORIZING THE CHAIRMAN TO EXECUTE. THE AGREEMENT PREPARED BY DEPARTMENT Jacqueline Reynoso Economic Development • Community Development Coordinator Strategic Action Plan 8b and 2 EXPLANATION As part of the City of National City's 5-Year Strategic Plan 8b to Update the City's Comprehensive Signage Program and to attain Fiscal Sustainability (Strategic Action Plan 2), the City is exploring electronic message boards to modernize existing signage, integrate the City's branding efforts, and create additional revenue opportunities. One possible opportunity for additional revenue may be from electronic freeway signage, other off -site signage, and other signage opportunities (i.e. bus shelters). On April 24, 2008, the CDC issued a Request for Qualifications (RFQ) to solicit proposals from outdoor signage firms for the City's Comprehensive Signage Program. The purpose of the RFQ is to select a qualified firm to enter into an Exclusive Negotiating Agreement (ENA) with the CDC for 150 days for presenting a proposal advantageous to the City for the Comprehensive Signage Program. Based on a comprehensive evaluation of the RFQ submittals, the City's review committee and rd IOC committee, including stakeholders, recommend entering into an ENA with CBS Outdoor. Environmental Review n/a Financial Statement n/a Account No STAFF RECOMMENDATION Adopt the resolution and authorize the Chairman to enter into an ENA with CBS Outdoor, and approve prospective proposals from American Outdoor Advertising and Media Management as secondary and tertiary options, respectively. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS t. Staff Report 2. RFQ for Comprehensive Signage Program 3. ENA with CBS Outdoor Resolution No. RESOLUTION NO. 2008 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT WITH CBS OUTDOOR REGARDING T1IE CITY'S COMPREHENSIVE SIGNAGE PROGRAM WHEREAS, the City of National City's 5-Year Strategic Plan 8b and 2 set out to Update the City's Comprehensive Signage Program and attain Fiscal Sustainability, respectively; and WHEREAS, the City is exploring electronic message boards to modernize existing signage, integrate the City's branding efforts, and create additional revenue opportunities; and WHEREAS, updating the City's signage will help to modernize the City's image, promote the City's assets, add value to the City's urban landscape, and stimulate economic investment into the City; and WHEREAS, On April 24, 2008, the CDC issued a Request for Qualifications (RFQ) to solicit proposals from outdoor signage firms for the City's Comprehensive Signage Program; and WHEREAS, the purpose of the RFQ was to select a qualified firm to Enter into an Exclusive Negotiating Agreement (ENA) with the CDC for 150 days for presenting a proposal advantageous to the City for the Comprehensive Signage Program; and WHEREAS, a City Review Committee and Ad Hoc Committee evaluated the RFQ submittals based on criteria identified in the RFQ document; and WI ILREAS, based on a comprehensive evaluation of the RFQ submittals, staff recommends entering into an FNA with CBS Outdoor; and WHEREAS, CBS Outdoor was selected based on the company's assessed ability to fully deliver on the scope of services as identified in the RFQ document and on its extensive experience with outdoor signage. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute the Exclusive Negotiating Agreement with CBS Outdoor regarding the City's Comprehensive Signage Program. Said Exclusive Negotiating Agreement is on file in the office of the City Clerk. --- Signature Page to Follow -- Resolution No. 2008 - June 3, 2008 Page 2 PASSED and ADOPTED this 3rd day of June, 2008. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Ron Morrison, Chairman STAFF REPORT Re: A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH CBS OUTDOOR REGARDING THE CITY'S COMPREHENSIVE SIGNAGE PROGRAM AND AUTHORIZING TIIE CHAIRMAN TO EXECLPI'L. THE AGREEMENT As part of the City of National City's 5-Year Strategic Plan 8b to Update the City's Comprehensive Signage Program and to attain Fiscal Sustainability (Strategic Action Plan 2), the City is exploring electronic message boards to modernize existing signage, integrate the City's branding efforts, and create additional revenue opportunities. One possible opportunity for additional revenue may be from electronic freeway signage, other off -site signage, and other signage opportunities (i.e. bus shelters). Updating the city's signage will help to modernize the City's image, promote the City's assets, add value to the City's urban landscape, and stimulate economic investment into the City. On April 24, 2008, the CDC issued a Request for Qualifications (RFQ) to solicit proposals from outdoor signage firms for the City's Comprehensive Signage Program. The purpose of the RFQ was to select a qualified firm to Enter into an Exclusive Negotiating Agreement (ENA) with the CDC for 150 days for presenting a proposal advantageous to the City for the Comprehensive Signage Program. The CDC received a total of 4 RFQ responses for the Comprehensive Signage Program including submittals from American Outdoor Advertising, CBS Outdoor, Media Management, and Stanford Sign and Awning. A City Review Committee and AdHOC Committee, including stakeholders, evaluated the RFQ submittals based on criteria identified in the RFQ document. Based on a comprehensive evaluation of the RFQ submittals, staff recommends entering into an ENA with CBS Outdoor. CBS Outdoor was selected based on the company's assessed ability to fully deliver on the scope of services as identified in the RFQ document and on its extensive experience with outdoor signage. The selected firm proved to have a verifiable track record of accomplishments. An innovative proposal that integrates branding and maximizes return to the City is encouraged. Should the selected firm not deliver a satisfactory proposal per the Board's discretion, then staff proposes to request alternate proposals from the other firms that submitted an RFQ response. Should this scenario arise, staff recommends that the CDC Board consider secondary and tertiary proposals from American Outdoor Advertising and Media Management, respectively. Staff recommends for the Board's approval that the CDC enter into an ENA Agreement with CBS Outdoor for a Term of 150 days to propose a Comprehensive Signage Program advantageous to the City. Based on the results of the Comprehensive Signage Program proposal, staff suggests entering into a Consultant Agreement with the selected firm to implement the Comprehensive Signage Program in the 2008-2009 fiscal year. 1 Attachment 1 REQUEST FOR QUALIFICATIONS (RFQ) FOR COMPREHENSIVE SIGNAGE PROGRAM Project Title: Description of Project: Department Requesting: RFQ Issued: Submittal Deadline: Deliver Submittal to: Attachments: Comprehensive Signage Program The Community Development Commission (CDC) is seeking qualifications from signage firms to enter into an Exclusive Negotiating Agreement with the City for 150 days, and ultimately a consultant agreement, to develop and implement the City's Comprehensive Signage Program. Community Development, City of National City April 24, 2008 5:00 PM, May 8, 2008 (postmarks not accepted) Jacqueline Reynoso Community Development Coordinator Community Development Commission City of National City 1243 National City Blvd. National City, CA 91950 jreynoso@ci.national-city.ca.us • ENA Sample Template • City's Sign Ordinance, Chapter 18.62 of the National City Municipal Code • CA Legislation AB830, amended • Freeway Signage Map • Summary of Existing Freeway Signage 1 Attachment 2 1. INTRODUCTION As part of the City of National City's 5-Year Strategic Plan 8b to Update the City's Comprehensive Signage Program and to attain fiscal sustainability (Strategic Action Plan 2), the City is exploring electronic message boards and additional revenue opportunities. One possible opportunity for additional revenue may be from electronic freeway signage, other off -site signage, and other signage opportunities (i.e. bus shelters). Moreover," updating the city's signage will help to modernize the City's image, promote the City's assets, add value to the City's urban landscape, and stimulate economic investment. The purpose of this Request for Qualifications (RFQ) is to select a qualified firm to Enter into an Exclusive Negotiating Agreement (ENA) with the CDC for presenting a proposal advantageous to the City. II. SCOPE OF SERVICES The CDC is seeking submittals from qualified firms for development of a Comprehensive Signage Program. The firm should be able to address legal, financial and appropriateness issues. The firm should be qualified to resolve any and all issues pertaining to signage location, procedures, revenue and messaging content, consistent with the City's Sign Ordinance (Chapter 18.62 of the National City Municipal Code), State of California requirements, CALTRANS regulations, pending Legislation (AB830), property ownership and signage placement, National City Redevelopment Plan requirements, CA Outdoor Advertising Act, appropriate approvals from the City's Building & Safety, Planning, and Engineering Departments, and coordination with existing freeway signage owners such as the Mile of Cars Business Association, and the Chamber of Commerce. The selected firm should have significant experience and a verifiable track record of accomplishments. Innovative proposals that maximize return to the City are encouraged. III. SUBMITTAL REQUIREMENTS The CDC welcomes responses to the RFQ in a format that the firm believes best expresses the qualifications of the firm. Lengthy responses are not expected. Short, concise, yet comprehensive proposals are preferred. All submittals should include the following: A. Statement of Qualifications and Interest — Explain the background of the firm and its experience regarding similarly scaled projects. Describe the type and location of projects, scope of involvement, current status of project, project management responsibilities, and extent of public/private partnerships. Experience with California cities in particular should be noted. Please limit your description of experience to your most recent 3-4 projects that are most relevant to this RFQ. State the reasons for the firm's interest in developing the City's Comprehensive Signage Program. B. Description of Project Team- Detailed Information on the proposed work team and their specific role, including membership of the board of 2 directors, senior management, corporate history, corporate mission statement, and corporate organizational structure. Similar information is requested for any business partner that will be involved with the project and their specific role. C. References- Provide complete contact information for at least five clients or partners with whom the firm has successfully completed similar projects. D. Items Not to be Included in Submittal — The RFQ is intended to identify a firm who is able to work with the CDC and other relevant entities to develop and implement a Comprehensive Signage Program for the City of National City. Program development ideas and specific proposals are not requested at this time and should not be submitted. E. General Comments — Comment on any aspect of the RFQ or project as proposed at this point. F. Insurance Coverage- Provide proof of professional liability, commercial general liability, and automobile liability insurance of at least $1,000,000. If applicable, worker's compensation insurance with limits prescribed by state law must also be provided. G. Indemnity — The firm will be required to indemnify the CDC from liability arising from the firm's negligence in performance of services. Applicants should provide six copies in a sealed envelope marked "Qualification for a Comprehensive Signage Program." NOTE: Facsimile copies will not be accepted. After review of all submittals, qualified firm(s) will be contacted with further information about the ENA process. The CDC reserves the right to reject any or all submittals. No obligation, either expressed or implied, exists on behalf of the CDC to make an award for the work or for costs incurred in the preparation of the response to the Request for Qualifications. The CDC reserves the right to select more than one party to provide these services. IV. RFQ and PROJECT SCHEDULE RFQ Issued April 24, 2008 Qualifications Due May 8, 2008 Evaluations of Qualifications May 9-12, 2008 Preferred Firm Identified May 13, 2008 ENA Negotiations May 14-22, 2008 CDC Approves ENA June 3, 2008 ENA Term 150 days Consultant Agreement 2008-2009 V. SELECTION CRITERIA An Ad Hoc Committee will review submittals based on the following criteria: a. Quality of signage firm, its team members, and its experience b. Demonstrated success developing and implementing similar signage programs c. Demonstrated ability working on successful public -private signage projects 3 d. Ability to generate revenue for the City e. Experience working with communities on politically sensitive projects f. Willingness to work through any and all issues regarding development and implementation of a Comprehensive Signage Program g. Ability to manage projects within schedule and budget h. References VI. GENERAL CONDITIONS The CDC reserves the right to modify or cancel the selection process or schedule at any time. Additionally, the CDC may seek clarification or additional information from proposals, as it deems necessary to the evaluation of the response. The RFQ does not commit the CDC to sign an agreement, award a contract, or to pay any costs incurred in the preparation of a response to this RFQ. CDC approval will be required. All documents, conversations, correspondence, etc. between the CDC and the firms are public information subject to the laws and regulations that govern the City and the CDC, unless specifically identified otherwise. The CDC makes no representations about the placement of proposed signage. The respondent shall make its own conclusions concerning such placement. 4 EXCLUSIVE NEGOTIATION AGREEMENT BY AND BETWEEN COMMUNITY DEVELOPMENT COMMISSION OF TIIE CITY OF NATIONAL CITY AND CBS OUTDOOR THIS EXCLUSIVE NEGOTIATING AGREEMENT (the "Agreement') is entered in this 31t1-) day ofJune 2008, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CiTY OF NATIONAL CiTY. a public body, corporate and politic (the "Agency"), and CBS OUTDOOR, INC., a wholly owned subsidiary of the CBS Corporation, (the "Contractor"), on the terms and provisions set forth below. RECITALS WHEREAS, on May 1, 2007, the City Council of the City of National City. (the "City") adopted the City's 5-Year Strategic Plan; WHEREAS, The City's 5-Year Strategic Plan 8h sets out to Update the City's Comprehensive Signage Program; and WI IEREAS, the purpose of the Comprehensive Signage Program is to modernize the City's image, promote the City's assets, add value to the City's lJrban Landscape, and stimulate economic investment; and WHEREAS, the Contractor is interested in developing a Comprehensive Signage Program (the "Project" for the City of National City; and WHEREAS, the Agency and the Contractor desire to enter into this Agreement to initiate exclusive negotiations during a 150 day period commencing on the effective date of this Agreement until October 28, 2008 (the "Negotiation Period") for the purposes of (i) undertaking due diligence activities regarding the Project; (ii) designing the Project; (iii) negotiating the responsibilities, schedule, and financial parameters for development of the Project; (iv) preparing studies which may he required for Project implementation; (v) processing Project entitlements; and (vi) negotiating and drafting an agreement with relevant parties/ agencies in connection with the Project. NOW, THEREFORE, in consideration of the recitals and mutual covenants and conditions contained herein, the parties hereto agree as follows: ARTICLE i SITE The Project Area constitutes City of National City's Redevelopment Project Arca. The exact project locations of the Project Arca will be determined during the Project Area planning activities outlined below. The Project Area is depicted on Exhibit "A", which is attached hereto and incorporated herein by this reference. Attachment 3 ARTICLE II NEGOTIATION PERIOD 2.1. Comprehensive Signage Program Development /Duc Diligence The Negotiation Period shall commence upon the date Agency approves and executes this Agreement (the "Commencement Date") and proceed for a period of 150 days. During the first sixty (60) days of the Negotiation Period (the 'First Duc Diligence Period"), the parties agree to negotiate in good faith to formulate the plan for development of the Project (the "Comprehensive Signage Program"') and conduct due diligence activities. The Comprehensive Signage Program shall include and delineate the following elements: (a) A preliminary Project plan; (b) The interface of a phased development with the complete build out/ implementation of the Comprehensive Signage Program; (c) Required on and off -site infrastructure improvements; (d) Project, infrastructure, and state and local regulatory requirement costs; (e) Funding responsibilities and sources for development of the Project; (f) Possible participation by one or more residents or members of the business community; (g) development activities; and (h) implementation schedule. The parties/entities responsible for the various Project A detailed Comprehensive Signage Program Proposal and During the First Duc Diligence Period, the Agency and Contractor, as applicable, shall conduct their respective due diligence activities, including, but not limited to: (i) Contractor's timely delivery and submission to Agency of sufficient evidence that the Contractor has the required experience to complete the Project; (1) prepared for the Project; Contractor's timely review of preliminary signage inventory report (k) Contractor's timely investigation of the Project Area: (1) Contractor to address all legal, financial and appropriateness issues surrounding the proposed Comprehensive Signage Program; (m) Contractor to resolve any and all issues pertaining to signage location, procedures, revenue and, to the extent legally permissible, messaging content, consistent with the City's Sign Ordinance (Chapter 18.62 of the National City Municipal Code), State of California requirements, CALTRANS regulations, pending Legislation (AB830), property ownership and signage placement, National City Redevelopment Plan requirements, CA Outdoor Advertising Act, appropriate approvals from the City's Building & Safety, Planning, and Engineering Departments; (n) Contractor to coordinate, as appropriate, with existing freeway signage owners such as the Mile of Cars Business Association, and the Chamber of Commerce; and (o) Contractor's timely submission of the specific project locations for the Comprehensive Signagc Program to the Ci )C for review and comment. 2.2. Assessments/ Review/ Entitlements Upon the close of the First Due Diligence Period, the Agency agrees to negotiate exclusively with the Contractor for the remaining term of the Negotiation Period (the "Second Due Diligence Period") in order to finalize the Comprehensive Signage Program Agreement. During the Second Due Diligence Period, the Contractor shall (i) submit a refined Comprehensive Signage Program Plan which shall consist of signage types and locations, preliminary concept drawings and schematics clearly showing signage footprints, elevations, design theme, preliminary landscaping, signage lighting, vehicular and pedestrian access ways and exits, and other factors fully descriptive of the proposed project, all to scale; and (ii) prepare and begin processing with the City the environmental studies, as necessary, and land use entitlements necessary for development of the Project, including, without limitation, an amendment to the City's Sign Ordinance, zoning amcndment(s), as appropriate. The Agency stair and the Contractor shall work cooperatively before the Planning Commission and City Council in any applications for land use permits and in any Zoning Ordinance amendments that may be required. The Contractor shall supply all information to the Agency and to the City of National City, and shall process all documents necessary to satisfy requirements of CALTRANS, the City's Sign Ordinance, and any other legal entities, if ncc,assary. If; at the close of the Negotiation Period, the Contractor has not executed and submitted a Comprehensive Signage Program Agreement to the Agency, this Agreement shall automatically terminate unless the Negotiation Period has been mutually extended in writing for up to an additional one hundred and twenty (120) days by the Agency's Executive Director, in his or her sole discretion, and Contractor. 2.3. Execution of Comprehensive Signage Agreement l 1pon submittal of the executed Comprehensive Signage Program by the Contractor to the Agency, and provided that all environmental and entitlement applications necessary for the Project have been submitted by Contractor to the City, the Negotiation Period shall be extended for an additional sixty (60) days ("Third 1)ue Diligence Period) to enable the Agency and the City to: 3 Process environmental and entitlement applications through the City's Planning Commission and City Council. The Agency agrees that during the Negotiation Period, the Agency shall not negotiate or enter into an agreement with any other person or entity regarding development of the Comprehensive Signage Program. 1'hc obligation to negotiate in good faith requires the respective parties to communicate with each other with respect to those issues for which agreement has not been reached, and in such communication to follow reasonable negotiation procedures, including meetings, telephone conversations, and correspondence. The Agency reserves the right to approve or reject a Comprehensive Signage Program Agreement, the Project, or any disposition of the Project Area in its sole discretion, as more particularly set forth in Part IV of this Agreement. 2.3 Agency and Contractor Obligations During the Negotiation Period, Agency and Contractor obligations shall include, but not be limited to, the following: (a) Agency Obligations (i) Negotiate exclusively through its staff with Contractor in connection with the development of the Project Arca and Comprehensive Signage Program; (ii) Review the Project plans and determine consistency with the General Plan, City's Sign Ordinance, CALIRANS and local zoning and other relevant land use regulations on the proposed Project Area; (iii) Provide the Contractor with documents in Agency's possession that would assist the Contractor with the due diligence activities described in this Agreement; (iv) Upon Agency's acceptance of the Comprehensive Signage Program and completion of CEQA requirements, Agency and Contractor shall negotiate and enter into a Comprehensive Signage Program Agreement. (b) Contractor Obligations (i) Use its best efforts to investigate the Project Area; (ii) Submit the Comprehensive Signage Program, including specific signage locations, elevations, schematic drawings, detailed Project costs, Project profonnas for individual product types as well as a pro forma summarizing the total Project and respective returns and other documents necessary for Agency and City review; (iii) Coordinate the Project with the community way finding signage improvements planned for the City; 4 ARTICLE iII RETENTION OF DISCRETION TO APPROVE THE PROJECT AND COMI'REIIENSIVE SIGNAGE PROGRAM AGREEMENT; NO PRE -COMMITMENT It is anticipated that the Comprehensive Signage Program Project and the Comprehensive Signage Program Agreement providing for its implementation will be presented to the Agency Board for approval. The parties understand that the Agency is reserving the right to exercise its discretion as to all matters which it is, by Law, entitled or required to exercise its discretion, including, but not limited to the following: 3.1. Approval by the Agency of the Final Project as Contained in the Comprehensive Signage Program Agreement The parties understand that the Agency has the complete and unfettered discretion to reject the Project Area and/or Comprehensive Signage Program Agreement without explanation or cause. the risk of loss of all processing, design and developmental costs incurred by the Contractor prior to the Comprehensive Signage Program Agreement approval and execution shall be absorbed entirely by Contractor. 3.2. Review and Approval by the Agency of all Discretionary Findings and Conclusions The decision of the Agency to enter into the Comprehensive Signage Program Agreement shall he conditioned upon the successful review and approval of all necessary findings and conclusions which the Agency Board is required to make, including all necessary findings and determinations required under CEQA, state and Local land use provisions, and the California Community Redevelopment Law. As to any matter regarding which the Agency may he required to exercise its discretion in approving and executing the Comprehensive Signage Program, neither anything herein, nor to he contained in the Comprehensive Signage Program Agreement shall obligate the Agency to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be deemed to constitute a breach of Agency duties under this Agreement. 3.3. No Pre -Commitment by Ageny By its execution of this Agreement. the Agency is not committing itself or agreeing to undertake any activity requiring the subsequent exercise of discretion by the Agency, or any department thereof, including, but not limited to, the approval and execution of a Comprehensive Signage Program Agreement; the proposal, amendment, or approval of any land use regulation governing the Project Area; the provision of financial assistance for the development of any public or private interest in real property; the authorization or obligation to use the Agency's eminent domain authority; or any other such activity. "Ibis Agreement does not constitute a disposition of property or exercise of control over property by the Agency. Agency execution of this Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, 5 reserving final discretion and approval by the Agency as to any proposed Comprehensive Signage Program Agreement and all proceedings and decisions in connection therewith. ARTICLE IV THE CONTRACTOR 4.1. Contractor Experience As a condition precedent to Agency' s execution of this Agreement, Contractor shall have submitted to Agency a detailed description of the project experience of the Contractor and its principals, associates, employees, partners, and joint venturers. 4.2. Offices of the Contractor The principal offices of Contractor arc located at: CBS OUTDOOR Attention: John R Clements, Executive Vice President, Real Estate/ Acquisitions 3150 South 48th Street, Suite 200 Phoenix, AZ, 85040 The Contractor's project manager will be Steve Chatham or another project manager to be named prior to execution of the Comprehensive Signage Program Agreement by the Contractor. Other prime Contractors, employees, consultants, or representatives who are proposed to be directly involved in the Project will be dcternuned by Contractor and submitted to Agency upon any such determination. 4.3. Full Disclosure The Contractor shall maintain full disclosure to the Agency of its principals, officers, stockholders, partners, joint ventures, and all other pertinent information concerning the Contractor. 4.4. Assignment The Contractor without prior written approval of the Agency may not assign this Agreement. The Agency agrees that, notwithstanding the foregoing, the Contractor may assign its rights under this Agreement to a corporation, trust, or partnership of which the Contractor owes the majority beneficial interest and operational control. ARTICLE V GENERAL PROVISIONS 5.1. Applicable Law 'I he laws of the State of California shall govern the interpretation and enforcement of this Agreement. 6 5.2. Acc ptance of Service of Process In the event that any legal action is commenced by Contractor against Agency, service of process on Agency shall be made by personal service upon the Executive Director or Secretary of Agency, or in such other manner as may be provided by law. In the event that any legal action is conunenced by Agency against Contractor, service of process on Contractor shall be made by personal service upon Contractor or in such other manner as may he provided by law, and shall he valid whether made within or without the State of California. 5.3. Ights and Remedies are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 5.4. Attorney's Fees If either party to this Agreement initiates or defends litigation in any way connected with this Agreement, the prevailing party in such litigation, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to its actual and reasonable attorney's fees. As used herein, the term "attomey's fees" shall include attorney's fees incurred related to the foregoing described litigation and for any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, retaining expert witnesses, taking depositions and discovery, and all other necessary costs incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 5.5. Termination Rights Notwithstanding the nominal Negotiation Period hcreinabove set forth, either party may terminate this Agreement if the other party has materially defaulted in its obligations herein set forth, and the terminating party has provided the defaulting party with written notification of such determination, and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. The defaulting party shall have thirty (30) days from the date of the written notification to cure such default. if such default is not cured within the thirty (30) days, the termination shall be deemed effective. For purposes of this paragraph, the parties hereby acknowledge that time is of the essence. Each party shall also have the right to terminate this Agreement in the event that (a) Agency or Contractor determines that the Project is infeasible, based on financial or environmental impact considerations, or not in the public interest; or (b) the parties reach an impasse in their negotiation of the Comprehensive Signage Program Agreement. 5.6. Indemnity Contractor shall indemnify, protect, defend and hold harmless Agency and City and Agency's and City's respective elected officials, officers, employees, representatives, members, and agents from and against any and all challenges to this Agreement, and any and all losses, liabilities, damages, claims or costs (including attorneys' fees) arising from Contractor's 7 negligent acts, errors, or omissions with respect to its obligations hereunder, excluding any such losses arising from the sole negligence or sole willful misconduct of the Agency or the conduct of third parties outside the control of the Contractor. This indemnity obligation in connection with events occurring prior to the termination of this Agreement shall survive the termination of this Agreement. 5.7. Notices, Demands and Communications Between the Parties Formal notices, demands, and communications between Agency and Contractor shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) or by mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: To Agency: With copy to: To Contractor: Brad Raulston, Executive Director Community Development Commission of National City 1243 National City Blvd. National City, CA 91950 George II. Eiser, III, City/CDC Attorney 1243 National City Blvd. National City, CA 91950 John R Clements, Executive Vice President Real Estate/ Acquisitions CBS Outdoor 3150 South 48th Street, Suite 200 Phoenix, AZ, 85040 Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed in the manner provided above shall be deemed effective on the second business day following deposit in the United States mail. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by mail. 5.8. Nonliabilitv of City and Agency Officials and Employees No member. official, employee, or contractor of City or Agency shall be personally liable to Contractor in the event of any default or breach by Agency or for any amount, which may become due to Contractor or on any obligations under the terms of the Agreement. 5.9. Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The 8 part and paragraph headings used in this Agreement are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. 5.10. Entire Agreement, Waivers. and Amendments This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of Agency and Contractor. 5.11. Counterparts This Agreement may he executed in counterparts, each of which, after all the parties hereto have signed this Agreement, shall be deemed to be an original, and such counterparts shall constitute one and the same instnunent. 5.12. Successors; Assignment This Agreement shall be binding upon and shall inure to the benefit of the perrnitted successors of each of the parties hereto. This Agreement shall not be assigned by Contractor without the prior written consent of Agency. 5.13. Severabi l ity In the event any section or portion of this Agreement shall he held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the parties hereto shall take further actions as may he reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this Agreement. 5.14. Time is of the Essence Time is of the essence for each of the parties' obligations under this Agreement. 5.15. Confidentiality Contractor acknowledges and agrees that Agency is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public. Accordingly, any information provided by Contractor to Agency with respect to the Site, the Project or Contractor may be disclosed to the public either purposely, inadvertently, or as a result of a public demand or order. With respect to any inlormation provided that Contractor reasonably deems and identifies in writing as proprietary and confidential in nature, Agency agrees to exercise its best efforts to keep such information confidential. IN WiT'NISS WHEREOF, the Agency and the Contractor have signed this Agreement on the respective dates set forth below. 9 AGENCY: CONTRACTOR: COMMUNITY DEVELOPMENT COMMISSION CBS OUTDOOR, INC. OF TIIE CITY OF NATIONAL CITY Ron Morrison, Chairman John Clements, Executive Vice President, Real Estate/ Acquisitions ATTEST: Brad Raulston. Secretary APPROVED AS TO FORM: George H. Fiser, Ill Legal Counsel Dated: Wally Kelly, Chairman,/CEO Dated: 10 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 27 MEETING DATE June 3, 2008 AGENDA ITEM NO. ITEM TITLE A resolution approving Amendment No. 4 to Disposition and Development Agreement between the Community Development Commission and Constellation Property Group. PREPARED BY (' DEPARTMENT Patricia Beard (ext 4255) 1►w Redevelopment Division Redevelopment Manager EXPLANATION Constellation Property Group has commenced grading for the 61 unit condominium project called Centro, located on property previously owned by the Community Development Commission ("CDC") on 12th Street at A Avenue. Challenges faced in order to obtain a building permit for the project led to extensive study and discussion between staff and the developer. Amendment No. 4 provides for the CDC to consider resolving a conflict between the developer's schedule and requirements of the Subdivision Map Act. The Amendment would allow the building permit to be obtained for construction of a short-term rental residential project (excluding hotel and motel units) while requiring construction to condominium standards and recordation of a condominium map prior to issuance of an Occupancy Permit. This complicated issue is explained in detail in the attached Background Report. Environmental Review Not applicable. Please see attached Background Report. Financial Statement Not applicable. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. Please see attached Background Report. STRATEGIC GOAL 5a. Implement Downtown Specific Plan through establishing market supported values. ATTACHMENTS 1. Background Report 2. Proposed Amendment No. 4 to the DDA with Constellation Property Group Resolution No. A'I I'ACHMI N'I1 BACKGROUND REPORT The Centro and Lumina (Revolution) Projects: Constellation Property Group ("Constellation") approached the CDC in 2005 to construct two projects: Centro — a four (4) story condominium project on CDC property at 12 Street and A Avenue; and Revolution — R1 and R2 — a high rise mixed use condominium project on National City Boulevard and 11th Street. Although considered multiple projects for purposes of redevelopment agreements, land use entitlements and engineering or building permits/approvals, to finance the projects Constellation unified them into one package. As economic conditions have changed since 2005 however, the unification of the project for financing purposes has caused challenges. High rise condominium development opportunities have softened, but Constellation decided to move forward to construct the lower rise Centro project while continuing to plan R1 and R2 as the economy rebounds. On September 4, 2007 the. CDC approved a $2.6 million, three-year loan at 10-percent interest to increase the equity in the Centro project so that a construction loan could be obtained (Resolution 2007-219). The current Centro challenge: In seeking to obtain a building permit for the project this spring, the joining of the Centro project with the later -to -be -developed Revolution 1 and 2 projects proved to be an obstacle due to provisions of the Subdivision Map Act. The Tentative Parcel Map for the project encompasses Centro as well as R2 (Resolution 2006- 112), however the Engineering Department found that a Final (condominium) Map for the project would have to be recorded for a building permit to be issued. Separating the projects for financing purposes so that the Final Map could be recorded in the near term presented a time consuming process that would compromise the construction schedule for Centro. Although the Subdivision Map Act ("Act") provides provisions under which a City can waive certain requirements by ordinance, the City Attorney's office did not believe a blanket approach, i.e. an ordinance waiving mapping requirements across the board, was appropriate in the circumstances. Staff sought for a solution that would be specific to the Centro project. Extended stay versus condominiums — definitions/effect under state and local law: Neither the National City Municipal Code nor the Centro Disposition and Development Agreement ("DDA") require the residential units in the Centro project to be owner occupied. Short term rental residential use of the units does not require a new or modified Consistency Review per the Downtown Specific Plan Development Zone 5B, according to the Planning Department. The California Building Code ("CBC") construction requirements for condominiums and short term rental residential project (excluding hotel and motel units) are also the same — R2. The primary difference, for permitting purposes, is that short- term rental residential uses (excluding hotel and motel units), unlike condominiums, do not require recordation of a Final Map prior to issuance of a building permit. Because both the developer and CDC intend for the Centro residential units to ultimately be sold as condominiums, this Amendment requires recordation of a Final (condominium) Map prior to a Certificate of Occupancy being issued. Despite such a map being recorded, the developer would retain the right under current local and state laws to rent any or all of the units, following Certificate of Occupancy, as either apartments or short-term rental lodgings. If approved, Amendment No. 4 will allow Constellation to commence construction of the project in the near term while allowing the construction period to address the internal financial and partnership structure of the project to accomplish recording the Final Map as required for condominium sales. As Constellation continues to assess the market for condominium sales during the construction period, it may in the coming months request the City/CDC to consider allowing the units to be rented as hotel or extended stay hotel units until condominium sales are feasible. If this request is made, the property will require rezoning as well as a General Plan amendment, re -analysis under CEQA and consideration by the Planning Commission and City Council. Attachment 2 AMENDMENT NO. 4 TO DISPOSITION AND DEVELOPMENT AGREEMENT This Amendment No. 4 to Disposition and Development Agreement (this "Amendment") is made and entered into as of June 3, 2008 (the "Effective Date") by and between the Community Development Commission of the City of National City, a public body, corporate and politic (the "CDC") and Constellation Property Group (A Avenue) LP, a Delaware limited partnership (the "Developer"). Recitals A. The CDC and Developer, a Delaware limited partnership entered into that certain Disposition and Development Agreement dated August 30, 2005 (the "DDA") and as amended thereafter. B. The CDC and the Developer desire to further amend the DDA on the terms and conditions set forth below. All capitalized terms used in this Amendment but not defined herein shall have the meanings ascribed to them in the DDA, and Amendments No. 1 through 3. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CDC and the Developer (collectively, the "parties") agree as follows: Agreement 1. Residential Units. To provide increased flexibility for the achievement of success on the Project, the definition of "Residential Units" set forth in Section 100 of the DDA, shall, for a period of time, be defined as an approximately 91,199 square foot, four (4) story short-term residential unit project (excluding hotel and motel units) consisting of approximately 61 residential units and approximately 72 parking spaces, with a structure height not to exceed 50 feet. 2. Condominiumiuzation of Residential Units. As the City believes that home ownership is a critical goal for its long term plan, the Developer shall be required to condominiumize the Residential Units by recording a final subdivision map therefor in accordance with the California Subdivision Map Act, and all other State and City ordinances prior to the Project receiving its certificate of occupancy. 3. Condominium Construction. Developer shall cause the Residential Units and the Project to built in a manner consistent with condominium projects in the City of National City. The Project shall meet all relevant building codes and ordinances required 1'or all building types contemplated herein. 4. Miscellaneous. Except to the extent expressly modified by this Amendment, the DDA remains in full force and effect. To the extent of any inconsistency between this Amendment and the DDA, the terms and conditions of this Amendment shall control. This Amendment may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same document. IN WITNESS WHEREOF, the CDC and the Developer have executed this Amendment as of the Effective Date first set forth above. Attested: CDC Secretary CDC: Community Development Commission of the City of National City, a public body, corporate and politic By: Name: Its DEVELOPER: Constellation Property Group (NatCity 12th) LP, a Delaware limited partnership By: Constellation Property Management, Inc., a Delaware corporation Its: General Partner By: Eugene Marchese President COMMUNITY SERVICES DEPARTMENT Recreation Division MEMORANDUM To: Honorable Mayor & City Council rom: Kaseem Baker, Acting Community Services Director CC: Leslie Deese, Assistant City Manager Date: May 20, 2008 RE: Community Services Summer Activities ITEM #28 6/3/08 This is a brief update of the upcoming events and activities for Summer 2008. We will also provide the public with a seasonal brochure that will contain information about Neighborhood Councils, Senior Services, the Nutrition Center and Recreation. Residents will receive important phone numbers, youth and adult sports, cultural events and contract class registration information four times a year. RECREATION The Recreation Department is again offering a Summer Camp program. Session I begin on June 16 and ends on July 18. Session II begins on July 21 and ends on August 22. "Camp Lanoitan" summer camp is held at Kimball, El Toyon, and Camacho Recreation Center. Each camp is offered at $25 per camper for one four week session. Weekly themed camps, Field Trips, and Camp Shirts are new additions this year. The following are a list of the first five weeks themed camps and field trips: 'ADVENTURES WEEK - Explore & discover the outdoors and learn about animal life (Birch Aquarium/ZOO), and Space Theater at Balboa. *OLYMPIC WEEK - Learn about events & athletes with visit to the Olympic Training Center, Visit Youth Boxing Center, and involvement with Special Olympics *COMMUNITY APPRECIATION WEEK - Volunteer & giving back to our community Bingo w/seniors, letters to troops - Discover city landmarks & history such as Old Trolley, Brick Row, and National City Police & Fire Departments `ENTERTAINMENT WEEK -Trips to include Disneyland and Plaza Bonita AMC Theaters - Creative Activities to include a talent show, show & tell, and a costume party 'STREET SCENE/CULTURAL WEEK -Trips to local landmarks such as Cabrillo National Park, and Old Town San Diego - Activities to include urban weaving, Hawaiian leis, Mardi Gras Party MLK COMMUNI rY BUILDING • 140 EAST 12u. STREET, SUITE A • NATIONAL. CITY • CA 91950 TEL. (619) 330-4560 • FAX (619) 336 4292 Recreation staff will be attending a Recreation Leader Workshop in Poway on June 7. This workshop will have a variety of educational sessions to choose from, with the focus on youth programming and development for summer camp staff. Experts in recreation and youth programs will be providing valuable information to educate and motivate staff during their summer programs. MUNICIPAL POOL This season we will start our first ever Junior Lifeguard program. The Junior Lifeguard Program offers youth an opportunity to learn from professional lifeguards. Students gain a wide variety of skills and knowledge including how to enjoy the water safely, pool education, first aid and CPR, water rescue techniques, the importance of keeping physically fit, and other topics related to life guarding. This valuable experience builds self confidence and helps students prepare for future employment as National City Lifeguards. This year will mark the 2"6 summer the pool has been open 7-days a week This summer at Las Palmas pool we will be fully staffed with 15 lifeguards. Staff training will take place from June 16 — 21 where staff will be certified as Water Safety Instructors. This 35 hour training which typically costs $150 per person will be taught in house by our very own Senior Life Guard Kelly Farr. The summer pool schedule begins on June 23 and ends on August 24. Open Swim will run everyday from 1 pm to 4pm. In addition to Open Swim we will be offering Evening Swim, Diving Class, Adult Lap Swim, Aquacize and Leam to Swim classes. TEEN PROGRAMMING The Supreme Teen Program was rightfully named because by definition SUPREME means highest in rank or authority of the highest quality, degree, character, and importance. In our program we want to encourage National City teens to reach their highest potential. This year round CDBG program will begin on July 14 at the Manny Portillo Recreation Center. Emphasis will be placed on Arts, Special Events, College preparation, cultural activities, and community service. Teens will meet Monday — Friday from 3p-7p and some Saturday's for field trips. HEALTHY LIVING & ATHLETICS Community Services is starting a new program called GET HEALTHY! Each season in our brochure activities and classes will be designed to help people get into shape. Each program will give advice on healthy eating, proper dieting and exercising. Camacho Recreation will offer an Adult Basketball League Beginning August 26. This Open Adult League will run every Tuesday night from 6p-10p for 10 weeks. Teams will provide their own uniforms and will pay referee and scorekeeper costs. Carlos Hammond of 2 Quick, will teach children and adults techniques for speed and agility at Camacho Recreation Center.